November 30, 2022

Volume XII, Number 334

Advertisement

November 29, 2022

Subscribe to Latest Legal News and Analysis

November 28, 2022

Subscribe to Latest Legal News and Analysis

Battery Interest Groups Release Model Legislation for Extended Producer Responsibility

On June 12, 2014, the Corporation for Battery Recycling, the National Electric Manufacturers Association (NEMA), the Rechargeable Battery Association (PRBA) and Call2Recycle, Inc. released model legislation addressing the collection and recycling of both primary and small rechargeable consumer batteries. The model legislation arrives on the heels of the Vermont legislature’s recent passage of H.695, the first law in the country mandating extended producer responsibility for the recycling of single-use primary batteries.  

The Model Consumer Battery Stewardship Act requires that producers of primary and rechargeable batteries submit and comply with battery stewardship plans that mandate specified collection rates for covered batteries. The legislation is expected to be introduced in certain state legislatures in 2015.

The model legislation would impose requirements on producers, retailers, and wholesalers of primary batteries, small rechargeable batteries (e.g., lithium ion), and products containing such batteries (excluding Class II and III medical devices, and devices with non-removable batteries). The law would require producers of consumer batteries and products containing such batteries to submit and implement a stewardship plan outlining how they will set up and run a collection system for consumers. The producers’ plans would be required to achieve a minimum ten percent collection rate two years after implementation, and twenty-percent five years after implementation. The law would eventually require retailers and wholesalers to exclusively sell compliant batteries and covered battery-containing products.

The legislation would also impose reporting and labeling requirements, allow participating producers to bring private action against non-participating producers, and preempt all state and local laws relating to battery stewardship. The battery groups hope the legislation will serve as a model for other states considering extended producer responsibility for batteries.

© 2022 Beveridge & Diamond PC National Law Review, Volume IV, Number 181
Advertisement
Advertisement
Advertisement

About this Author

Elizabeth M. Richardson Environmental Liabilities Attorney Beveridge & Diamond Washington, DC
Principal

Beth works closely with clients to identify and limit environmental liabilities, effectively market their products, and manage their regulatory obligations.

Beth works with clients in the retail, consumer products, and electronics/IT sectors to bring their products to market, transport them globally, manage supply chains, and ensure appropriate handling of products at end-of-life. She co-chairs the firm’s Retail group and works with retail companies and trade associations to identify and overcome the challenges posed by the myriad of environmental regulations. Due to her experience...

202-789-6066
Jessalee L. Landfried Litigation Attorney Beveridge & Diamond Washington, DC
Principal

Jessalee maintains a general regulatory and litigation practice, with a particular focus on air, climate, subsurface contamination, and environmental compliance assessments.

Jessalee L. Landfried regularly counsels clients in the energy, tech, and automotive sectors on a variety of programs and compliance issues arising under the Clean Air Act, RCRA, and the Clean Water Act. In addition to her regulatory practice, she represents clients in litigation arising under a broad range of federal and state environmental statutes, including environmental class action suits...

202-789-6071
Advertisement
Advertisement
Advertisement