HB 1233 — An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, providing for portable battery stewardship and establishing requirements for Battery Stewardship Plans; imposing duties on the Department of Environmental Protection; and imposing penalties.

PRINTER'S NO.   1370

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1233
                                                Session of
                                                  2025

     INTRODUCED BY SIEGEL, OTTEN, STEELE, MADDEN, HILL-EVANS, VITALI,
        FREEMAN, SANCHEZ, SAMUELSON, HADDOCK, RIVERA AND CIRESI,
        APRIL 15, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, APRIL 15, 2025


                                     AN ACT
 1   Amending Title 27 (Environmental Resources) of the Pennsylvania
 2      Consolidated Statutes, providing for portable battery
 3      stewardship and establishing requirements for Battery
 4      Stewardship Plans; imposing duties on the Department of
 5      Environmental Protection; and imposing penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 27 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a chapter to read:
10                                 CHAPTER 67
11                        PORTABLE BATTERY STEWARDSHIP
12   Sec.
13   6701.   Scope of chapter.
14   6702.   Legislative findings.
15   6703.   Definitions.
16   6704.   Stewardship plans.
17   6705.   Retailers.
18   6706.   Stewardship plan requirements.
 1   6707.   Performance standards.
 2   6708.   Funding.
 3   6709.   Collection and management requirements.
 4   6710.   Education and outreach requirements.
 5   6711.   Reporting requirements.
 6   6712.   Fee and department role.
 7   6713.   Penalties and civil actions.
 8   6714.   Marking requirements for batteries.
 9   6715.   General battery disposal and collection requirements.
10   6716.   Assessing battery-containing products.
11   6717.   Antitrust.
12   6718.   Other collection of batteries.
13   § 6701.    Scope of chapter.
14      This chapter relates to portable battery stewardship.
15   § 6702.    Legislative findings.
16      The General Assembly finds and declares as follows:
17             (1)   It is in the public interest of the residents of
18      this Commonwealth to encourage the recovery and reuse of
19      materials, including metals, that replace the output of
20      mining and other extractive industries.
21             (2)   Without a dedicated battery stewardship program,
22      battery user confusion regarding proper disposal options will
23      continue to persist.
24             (3)   Ensuring the proper handling, recycling and end-of-
25      life management of used batteries prevents the release of
26      toxic materials into the environment and removes materials
27      from the waste stream that, if mishandled, may present safety
28      concerns to workers, including by igniting fires at solid-
29      waste-handling facilities. For this reason, batteries should
30      not be placed into commingled recycling containers or

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 1      disposed of via traditional garbage collection containers.
 2             (4)   Jurisdictions around the world have successfully
 3      implemented battery stewardship laws that have helped address
 4      the challenges posed by the end-of-life management of
 5      batteries.
 6             (5)   It is difficult for customers to differentiate
 7      between types and chemistries of batteries so it is the best
 8      practice for battery stewardship programs to collect all
 9      battery types and chemistries.
10   § 6703.    Definitions.
11      The following words and phrases when used in this chapter
12   shall have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      "Battery-containing product."         A product that contains or is
15   packaged with rechargeable or primary batteries that are covered
16   batteries. The term does not include a covered device as defined
17   by section 102 of the Covered Device Recycling Act.
18      "Battery stewardship organization."        A producer that directly
19   implements a battery stewardship plan required under this
20   chapter or a nonprofit organization designated by a producer or
21   group of producers to implement a battery stewardship plan
22   required under this chapter.
23      "Collection rate."     A percentage, by weight, of covered
24   batteries that a battery stewardship organization collects that
25   is calculated by dividing the total weight of primary and
26   rechargeable batteries collected during the previous calendar
27   year by the average annual weight of primary and rechargeable
28   batteries that were estimated to have been sold in this
29   Commonwealth by all producers participating in that approved
30   battery stewardship plan during the previous three calendar

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 1   years.
 2      "Covered battery."          The term:
 3            (1)    Includes:
 4                   (i)    A portable battery.
 5                   (ii)    Beginning January 1, 2029, a medium format
 6            battery.
 7            (2)    Does not include any of the following:
 8                   (i)    A battery contained within a device as specified
 9            in 21 U.S.C. § 321(h) (relating to definitions;
10            generally) as it existed as of the effective date of this
11            subparagraph and that is not designed and marketed for
12            sale or resale principally to consumers for personal use.
13                   (ii)    A battery that contains an electrolyte as a
14            free liquid.
15                   (iii)    A lead acid battery under section 1510 of the
16            Municipal Waste Planning, Recycling and Waste Reduction
17            Act.
18                   (iv)    A battery in a battery-containing product that
19            is not intended or designed to be easily removed from the
20            battery-containing product.
21                   (v)    A battery that is a component of a motor vehicle
22            or intended for use exclusively in a motor vehicle. As
23            used in this subparagraph, a motor vehicle:
24                          (A)   shall include automobiles, vans, trucks,
25                   tractors, motorcycles and motorboats; and
26                          (B)   shall not include e-bikes, scooters or
27                   similar mobility devices.
28                   (vi)    A battery used or intended to be used for the
29            storage of electricity from solar photovoltaic panels.
30      "Covered Device Recycling Act."            The act of November 23, 2010

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 1   (P.L.1083, No.108), known as the Covered Device Recycling Act.
 2      "Damaged and defective batteries."    Batteries that have been
 3   damaged or identified by the manufacturer as being defective for
 4   safety reasons, that have the potential of producing a dangerous
 5   evolution of heat, fire or short circuit, as referred to in 49
 6   CFR 173.185(f) (relating to lithium cells and batteries) as of
 7   January 1, 2023, or as may be established by the department by
 8   rule to maintain consistency with Federal standards.
 9      "Department."     The Department of Environmental Protection of
10   the Commonwealth.
11      "Easily removed."    Designed by the manufacturer to be removed
12   by the user of the product with no more than commonly used
13   household tools.
14      "Medium format battery."    Any of the following primary or
15   rechargeable covered batteries:
16           (1)   For rechargeable batteries, a battery weighing more
17      than 11 pounds or having a rating of more than 300 watt-
18      hours, or both, but weighing no more than 25 pounds and
19      having a rating of no more than 2,000 watt-hours.
20           (2)   For primary batteries, a battery weighing more than
21      4.4 pounds but not more than 25 pounds.
22      "Municipal Waste Planning, Recycling and Waste Reduction
23   Act."   The act of July 28, 1988 (P.L.556, No.101), known as the
24   Municipal Waste Planning, Recycling and Waste Reduction Act.
25      "Portable battery."    The following primary or rechargeable
26   covered batteries:
27           (1)   For rechargeable batteries, a battery weighing no
28      more than 11 pounds and having a rating of no more than 300
29      watt-hours.
30           (2)   For primary batteries, a battery weighing no more

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 1      than 4.4 pounds.
 2      "Primary battery."     A battery that is not capable of being
 3   recharged.
 4      "Producer."      The following person responsible for compliance
 5   with requirements under this chapter for a covered battery or
 6   battery-containing product sold, offered for sale or distributed
 7   in or into this Commonwealth:
 8          (1)   For covered batteries:
 9                (i)    If the battery is sold under the brand of the
10          battery manufacturer, the producer is the person that
11          manufactures the battery.
12                (ii)    If the battery is sold under a retail brand or
13          under a brand owned by a person other than the
14          manufacturer, the producer is the brand owner.
15                (iii)    If there is no person to which subparagraph
16          (i) or (ii) of this definition applies, the producer is
17          the person that is the licensee of a brand or trademark
18          under which the battery is used in a commercial
19          enterprise, sold, offered for sale or distributed in or
20          into this Commonwealth, whether or not the trademark is
21          registered in this Commonwealth.
22                (iv)    If there is no person described in subparagraph
23          (i), (ii) or (iii) within the United States, the producer
24          is the person who is the importer of record for the
25          battery into the United States for use in a commercial
26          enterprise that sells, offers for sale or distributes the
27          battery in this Commonwealth.
28                (v)    If there is no person described in subparagraph
29          (i), (ii), (iii) or (iv) with a commercial presence
30          within this Commonwealth, the producer is the person who

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 1        first sells, offers for sale or distributes the battery
 2        in or into this Commonwealth.
 3        (2)   For covered battery-containing products:
 4              (i)    If the battery-containing product is sold under
 5        the brand of the product manufacturer, the producer is
 6        the person that manufactures the product.
 7              (ii)    If the battery-containing product is sold under
 8        a retail brand or under a brand owned by a person other
 9        than the manufacturer, the producer is the brand owner.
10              (iii)   If there is no person to which subparagraph
11        (i) or (ii) applies, the producer is the person that is
12        the licensee of a brand or trademark under which the
13        product is used in a commercial enterprise, sold, offered
14        for sale or distributed in or into this Commonwealth,
15        whether or not the trademark is registered in this
16        Commonwealth.
17              (iv)    If there is no person described in subparagraph
18        (i), (ii) or (iii) within the United States, the producer
19        is the person who is the importer of record for the
20        product into the United States for use in a commercial
21        enterprise that sells, offers for sale or distributes the
22        product in this Commonwealth.
23              (v)    If there is no person described in subparagraph
24        (i), (ii), (iii) or (iv) with a commercial presence
25        within this Commonwealth, the producer is the person who
26        first sells, offers for sale or distributes the product
27        in or into this Commonwealth.
28              (vi)    A producer does not include any person who only
29        manufactures, sells, offers for sale, distributes or
30        imports into this Commonwealth a battery-containing

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 1             product if the only batteries used by the battery-
 2             containing product are supplied by a producer that has
 3             joined a registered battery stewardship organization as
 4             the producer for that covered battery under this chapter.
 5             Such a producer of covered batteries that are included in
 6             a battery-containing product must provide written
 7             certification of that membership to both the producer of
 8             the covered battery-containing product and the battery
 9             stewardship organization of which the battery producer is
10             a member.
11      "Program."     A program implemented by a battery stewardship
12   organization consistent with an approved battery stewardship
13   plan.
14      "Rechargeable battery."       A battery that contains one or more
15   voltaic or galvanic cells, electrically connected to produce
16   electric energy and designed to be recharged.
17      "Recycling."       As defined in section 103 of the Municipal
18   Waste Planning, Recycling and Waste Reduction Act.
19      "Recycling efficiency rate."       The ratio of the weight of
20   covered battery components and materials recycled by a program
21   operator from covered batteries to the weight of those covered
22   batteries collected by the program operator.
23      "Retailer."     A person who sells covered batteries or battery-
24   containing products in or into this Commonwealth or offers or
25   otherwise makes available covered batteries or battery-
26   containing products to a customer, including other businesses,
27   in this Commonwealth.
28   § 6704.    Stewardship plans.
29      Beginning January 1, 2027:
30             (1)   Each producer selling, offering or making available

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 1      for sale or distributing covered batteries or battery-
 2      containing products in or into this Commonwealth shall
 3      participate in an approved State battery stewardship plan
 4      through participation in and appropriate funding of a battery
 5      stewardship organization.
 6             (2)   A producer that does not participate in a battery
 7      stewardship organization and a battery stewardship plan may
 8      not sell, offer or make available for sale, or distribute
 9      covered batteries or battery-containing products covered by
10      this chapter, in or into this Commonwealth.
11   § 6705.    Retailers.
12      The following apply:
13             (1)   Beginning July 1, 2027, for portable batteries, and
14      July 1, 2029, for medium format batteries, a retailer may not
15      sell, offer or make available for sale or distribute a
16      covered battery or battery-containing product unless the
17      producer of the covered battery or battery-containing product
18      certifies to the retailer that the producer participates in a
19      battery stewardship organization whose plan has been approved
20      by the department.
21             (2)   A retailer is not in violation of the requirements
22      of paragraph (1) and is not subject to penalties under
23      section 6712 (relating to fee and department role) as long as
24      the publicly accessible Internet website made available by
25      the department under section 6712(b)(3) lists, as of the date
26      a product is made available for retail sale, a producer or
27      brand of covered battery or battery-containing product sold
28      by the retailer as being a participant in an approved plan or
29      the implementer of an approved plan.
30             (3)   Retailers of covered batteries or battery-containing

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 1    products are not required to make retail locations available
 2    to serve as collection sites for a stewardship program
 3    operated by a battery stewardship organization. Retailers
 4    that serve as a collection site must comply with the
 5    requirements for collection sites under section 6709
 6    (relating to collection and management requirements).
 7        (4)   A retailer may not sell, offer or make available for
 8    sale or distribute covered batteries or battery-containing
 9    products, unless those batteries are marked consistent with
10    the requirements of section 6714 (relating to marking
11    requirements for batteries). A producer of a battery-
12    containing product must certify to the retailers of their
13    product that the battery contained in the battery-containing
14    product is marked consistent with the requirements of section
15    6714. A retailer may rely on this certification for purposes
16    of compliance under this subsection.
17        (5)   A retailer selling or offering covered batteries or
18    battery-containing products for sale in this Commonwealth may
19    provide information, provided by the battery stewardship
20    organization, regarding available end-of-life management
21    options for covered batteries collected by the battery
22    stewardship organization. The information that a battery
23    stewardship organization must make available to retailers for
24    voluntary use by retailers must include in-store signage,
25    written materials and other promotional materials that
26    retailers may use to inform customers of the available end-
27    of-life management options for covered batteries collected by
28    the battery stewardship organization.
29        (6)   Retailers, producers or battery stewardship
30    organizations must not charge a specific point-of-sale fee to

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 1      consumers to cover the administrative or operational costs of
 2      the battery stewardship organization or the battery
 3      stewardship program.
 4   § 6706.    Stewardship plan requirements.
 5      (a)    Approval.--By July 1, 2026, each battery stewardship
 6   organization must submit a plan for covered portable batteries
 7   to the department for approval. By July 1, 2028, each battery
 8   stewardship organization must submit a plan for covered medium
 9   format batteries to the department for approval. The department
10   must review and may approve a plan based on whether the plan
11   contains the following components:
12             (1)   Lists and provides contact information for each
13      producer, battery brand and battery-containing product brand
14      covered in the plan.
15             (2)   Proposes performance goals, consistent with section
16      6707 (relating to performance standards), including
17      establishing performance goals for each of the next three
18      upcoming calendar years of program implementation.
19             (3)   Describes how the battery stewardship organization
20      will make retailers aware of the retailer's obligation to
21      sell only covered batteries and battery-containing products
22      of producers participating in an approved plan.
23             (4)   Describes the education and communications strategy
24      being implemented to effectively promote participation in the
25      approved battery stewardship program and provide the
26      information necessary for effective participation of
27      consumers, retailers and others.
28             (5)   Describes how the battery stewardship organization
29      will make available to collection sites, for voluntary use,
30      signage, written materials and other promotional materials

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 1    that collection sites may use to inform consumers of the
 2    available end-of-life management options for covered
 3    batteries collected by the battery stewardship organization.
 4        (6)    Lists promotional activities to be undertaken, and
 5    the identification of consumer awareness goals and strategies
 6    that the program will employ to achieve these goals after the
 7    program is implemented.
 8        (7)    Includes collection site safety training procedures
 9    related to covered battery collection activities at
10    collection sites, including appropriate protocols to reduce
11    risks of spills or fires and response protocols in the event
12    of a spill or fire, and a protocol for safe management of
13    damaged batteries that are returned to collection sites.
14        (8)    Describes the method to establish and administer a
15    means for fully funding the program in a manner that
16    equitably distributes the program's costs among the producers
17    that are part of the battery stewardship organization. For
18    producers that elect to meet the requirements of this chapter
19    individually, without joining a battery stewardship
20    organization, the plan must describe the proposed method to
21    establish and administer a means for fully funding the
22    program.
23        (9)    Describes the financing methods used to implement
24    the plan, consistent with section 6707.
25        (10)   Describes how the program will collect all covered
26    battery chemistries and brands on a free, continuous,
27    convenient, visible and accessible basis, and consistent with
28    the requirements of section 6709 (relating to collection and
29    management requirements), including a description of how the
30    Statewide convenience standard will be met and a list of

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 1      collection sites, including the addresses of collection
 2      sites.
 3            (11)   Describes the criteria to be used in the program to
 4      determine whether an entity may serve as a collection site
 5      for discarded batteries under the program.
 6            (12)   Establishes collection goals for each of the first
 7      three years of implementation of the battery stewardship plan
 8      that are based on the estimated total weight of primary and
 9      rechargeable covered batteries that have been sold in this
10      Commonwealth in the previous three calendar years by the
11      producers participating in the battery stewardship plan.
12            (13)   Identifies proposed sorters, transporters,
13      processors and facilities to be used by the program for the
14      final disposition of batteries and how collected batteries
15      will be managed in an environmentally sound manner at
16      facilities operating in compliance with human health and
17      environmental protection standards that are broadly
18      equivalent to or better than those required in the United
19      States.
20            (14)   Details how the program will help this Commonwealth
21      achieve the target recycling efficiency rate, calculated
22      consistent with section 6711 (relating to reporting
23      requirements), of at least 60% for rechargeable batteries and
24      at least 70% for primary batteries.
25            (15)   Describes how the public education and outreach
26      components of the program under section 6710 (relating to
27      education and outreach requirements) will be implemented.
28      (b)   Review.--The department shall review the stewardship
29   plan for compliance with this chapter and shall approve,
30   disapprove or conditionally approve the plan within 120 days of

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 1   receipt of the plan. The following shall apply:
 2            (1)   If the department disapproves a stewardship plan
 3      submitted by a battery stewardship organization, the
 4      department shall explain how the stewardship plan does not
 5      comply with this chapter and provide written notice to the
 6      battery stewardship organization within 30 days of
 7      disapproval.
 8            (2)   The battery stewardship organization may resubmit to
 9      the department a revised stewardship plan within 60 days of
10      the date the written notice was issued and the department
11      shall review the revised stewardship plan within 90 days of
12      resubmittal.
13            (3)   If a revised stewardship plan is disapproved by the
14      department, a producer operating under the stewardship plan
15      shall not be in compliance with this chapter until the
16      department approves a stewardship plan submitted by a battery
17      stewardship organization that covers the producer's products.
18      (c)   New plan required.--A battery stewardship organization
19   must submit a new plan to the department for approval:
20            (1)   If there are significant changes to the methods of
21      collection, transport or end-of-life management of covered
22      batteries under section 6709 that are not provided for in the
23      plan. The department shall identify the types of significant
24      changes that require a new plan to be submitted to the
25      department for approval. For purposes of this paragraph,
26      adding or removing a processor or transporter under the plan
27      is not considered a significant change that requires a plan
28      resubmittal.
29            (2)   To address the novel inclusion of medium format
30      batteries as covered batteries under the plan.

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 1             (3)   No less than every five years.
 2      (d)    Amendments.--A battery stewardship organization must
 3   provide plan amendments to the department for approval:
 4             (1)   When proposing changes to the performance goals
 5      under section 6707 based on the up-to-date experience of the
 6      program.
 7             (2)   When there is a change to the method of financing
 8      plan implementation under section 6708 (relating to funding).
 9      This does not include changes to the fees or fee structure
10      established in the plan.
11             (3)   When adding or removing a processor, as part of a
12      quarterly update submitted to the department.
13      (e)    Quarterly notifications.--A battery stewardship
14   organization must notify the department on a quarterly basis if
15   a producer begins or ceases to participate in a battery
16   stewardship organization. This quarterly notice, if required,
17   must include a current list of the producers and brands
18   participating in the plan.
19      (f)    Revised plan.--No earlier than five years after the
20   initial approval of a plan, the department may require a battery
21   stewardship organization to submit a revised plan, which may
22   include improvements to the collection site network or increased
23   expenditures dedicated to education and outreach, if the
24   approved plan has not met the performance goals under section
25   6707.
26   § 6707.    Performance standards.
27      (a)    Goals required.--Each battery stewardship plan must
28   include performance goals that measure, on an annual basis, the
29   achievements of the program, including:
30             (1)   The collection rate for batteries in this

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 1      Commonwealth.
 2             (2)   The recycling efficiency rate of the program.
 3             (3)   Public convenience and accessibility of the program.
 4      (b)    Targets.--The performance goals established in each
 5   battery stewardship plan must include:
 6             (1)   Target collection rates for primary batteries and
 7      for rechargeable batteries.
 8             (2)   Target recycling efficiency rates of at least 60%
 9      for rechargeable batteries and at least 70% for primary
10      batteries.
11             (3)   Goals for convenience and accessibility that meet or
12      exceed the minimum requirements established in section 6709
13      (relating to collection and management requirements).
14             (4)   A battery stewardship organization is not authorized
15      to reduce or cease collection, education and outreach or
16      other activities implemented under an approved plan based on
17      achievement of program performance goals.
18   § 6708.    Funding.
19      (a)    Availability.--Each battery stewardship organization
20   must ensure that adequate funding is available to fully
21   implement approved battery stewardship plans, including the
22   implementation of aspects of the plan addressing:
23             (1)   Covered battery collection, transporting and
24      processing.
25             (2)   Education and outreach.
26             (3)   Program evaluation.
27             (4)   Payment of the administrative fees to the department
28      under section 6712 (relating to fee and department role).
29      (b)    Collection of funds.--A battery stewardship organization
30   implementing a battery stewardship plan on behalf of producers

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 1   must develop a system to collect charges from participating
 2   producers to cover the costs of plan implementation. Each
 3   battery stewardship organization:
 4          (1)   Is responsible for all costs of participating
 5      covered battery collection, transportation, processing,
 6      education, administration, department reimbursement,
 7      recycling and end-of-life management in accordance with the
 8      requirements of this chapter.
 9          (2)   Shall adopt environmentally sound management
10      practices which include the following:
11                (i)    Comply with all applicable laws and rules in
12          place to protect workers, public health and the
13          environment.
14                (ii)    Provide for adequate recordkeeping, tracking
15          and documenting of the fate of materials within this
16          Commonwealth and beyond.
17                (iii)    Include comprehensive liability coverage for
18          the battery stewardship organization, including
19          environmental liability coverage that is commercially
20          practicable.
21          (3)   Must reimburse local governments and solid waste or
22      recyclables handling facilities for demonstrable costs
23      incurred as a result of a local government facility or solid
24      waste or recyclables handling facility serving as a
25      collection site for its program, including associated labor
26      costs, storage and other costs associated with accessibility
27      and collection site standards.
28          (4)   Shall, at a minimum, provide collection sites with
29      appropriate containers for covered batteries subject to its
30      program, training, signage, safety guidance and educational

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 1      materials, at no cost to the collection sites.
 2   § 6709.    Collection and management requirements.
 3      (a)    Collection.--Each battery stewardship organization
 4   implementing a battery stewardship plan must provide for the
 5   collection of all covered batteries, including all chemistries
 6   and brands of covered batteries, on a free, continuous,
 7   convenient, visible and accessible basis to any person,
 8   business, government department or agency or nonprofit
 9   organization. Except as provided in subsection (b)(2), each
10   battery stewardship plan must allow any person, business,
11   government department or agency or nonprofit organization to
12   deliver each chemistry and brand of covered battery at each
13   collection site that counts toward the satisfaction of the
14   collection site criteria in subsection (c).
15      (b)    Requirements.--Each battery stewardship organization
16   implementing a battery stewardship plan must provide as follows:
17             (1)   For each collection site utilized by the program,
18      suitable collection containers for covered batteries that are
19      segregated from other solid waste or make mutually agreeable
20      alternative arrangements for the collection of batteries at
21      the site. The location of collection containers at each
22      collection site used by the program must be within view of a
23      responsible person and must be accompanied by signage made
24      available to the collection site by the battery stewardship
25      organization that informs customers regarding the end-of-life
26      management options for batteries provided by the collection
27      site under this chapter. Each collection site must meet
28      applicable Federal, State and local regulatory requirements
29      while adhering to the operations manual and other safety
30      information provided to the collection site by the battery

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 1      stewardship organization.
 2            (2)   That medium format batteries may only be collected
 3      at household hazardous waste collection sites or other
 4      staffed collection sites that meet applicable Federal, State
 5      and local regulatory requirements to manage medium format
 6      batteries.
 7            (3)   For damaged and defective batteries:
 8                  (i)    Collected only at collection sites staffed by
 9            persons trained to handle and ship those batteries.
10                  (ii)    Each battery stewardship organization must
11            provide for collection in each county of this
12            Commonwealth, either through collection sites or
13            collection events, with qualified staff as specified in
14            subparagraph (i). Collection events should be provided
15            periodically throughout the year where practicable, but
16            must be provided at least once per year at a minimum, in
17            each county in which there are not permanent collection
18            sites providing for the collection of damaged and
19            defective batteries.
20      (c)   Management.--Each battery stewardship organization
21   implementing a battery stewardship plan must provide as follows:
22            (1)   A battery stewardship plan that ensures Statewide
23      collection opportunities for all covered batteries. The
24      following shall apply:
25                  (i)    Battery stewardship organizations shall
26            coordinate activities with other program operators,
27            including other covered battery collection and recycling
28            programs and electronic waste recyclers, with regard to
29            the proper management or recycling of collected covered
30            batteries, for purposes of providing the efficient

20250HB1233PN1370                       - 19 -
 1        delivery of services and avoiding unnecessary duplication
 2        of effort and expense.
 3              (ii)    Statewide collection opportunities must be
 4        determined by geographic information that considers
 5        permanent collection sites.
 6              (iii)    A program may rely, in part, on collection
 7        events to supplement the permanent collection services
 8        required in paragraphs (2) and (3).
 9              (iv)    Only permanent collection services specified in
10        paragraphs (2) and (3) qualify toward the satisfaction of
11        the requirements of this subsection.
12        (2)   For portable batteries, each battery stewardship
13    organization must provide Statewide collection opportunities
14    that include:
15              (i)    One permanent collection site in each county
16        that has a population density that is less than 250
17        individuals per square mile.
18              (ii)    Two permanent collection sites in each county
19        that has a population density that is greater than or
20        equal to 250 individuals per square mile but less than
21        500 individuals per square mile.
22              (iii)    Three permanent collection sites in each
23        county that has a population density that is greater than
24        or equal to 500 individuals per square mile but less than
25        750 individuals per square mile.
26              (iv)    Four permanent collection sites in each county
27        that has a population density that is greater than or
28        equal to 750 individuals per square mile but less than
29        1,000 individuals per square mile.
30              (v)    Five permanent collection sites in each county

20250HB1233PN1370                   - 20 -
 1        that has a population density that is greater than or
 2        equal to 1,000 individuals per square mile but less than
 3        5,000 individuals per square mile.
 4              (vi)    Fifteen permanent collection sites in each
 5        county that has a population density that is greater than
 6        or equal to 5,000 individuals per square mile.
 7              (vii)    If a municipality has a population of more
 8        than 1,000,000 residents, the program shall provide 10
 9        additional permanent collection sites to be located
10        within that municipality, with the collection sites
11        required by paragraph (vi) to be located, to the extent
12        reasonably possible, outside the municipality.
13              (viii)    Collection opportunities for portable
14        batteries at special locations where batteries are often
15        spent and replaced, including supervised locations at
16        parks with stores and campgrounds.
17        (3)   For medium format batteries, a battery stewardship
18    organization must provide statewide collection opportunities
19    that include:
20              (i)    At least 10 permanent collection sites in this
21        Commonwealth during the initial five-year plan period.
22              (ii)    Reasonable geographic dispersion of permanent
23        collection sites throughout this Commonwealth.
24              (iii)    After the initial five-year plan period, a
25        permanent collection site in each county of at least
26        200,000 persons, as determined by the most recent Federal
27        decennial census.
28              (iv)    A battery stewardship organization must ensure
29        that there is a collection event at least once every
30        three years in each county of this Commonwealth which

20250HB1233PN1370                   - 21 -
 1            does not have a permanent collection site. The collection
 2            events must provide for the collection of all medium
 3            format batteries, including damaged and defective
 4            batteries.
 5      (d)   Services and facilities.--Each battery stewardship
 6   organization implementing a battery stewardship plan must:
 7            (1)   Use existing public and private waste collection
 8      services and facilities, including where cost effective,
 9      mutually agreeable and otherwise practicable, battery
10      collection sites that are established through other battery
11      collection programs, services, transporters, consolidators,
12      processors and retailers.
13            (2)   Use as a collection site for covered batteries any
14      retailer, wholesaler, municipality, solid waste management
15      facility, household hazardous waste facility or other entity
16      that meets the criteria for collection sites in the approved
17      plan up to the minimum number of sites required for
18      compliance with subsection (c), upon the submission of a
19      request by an entity to the battery stewardship organization
20      to serve as a collection site. Battery stewardship programs
21      may use additional collection sites in excess of the minimum
22      required in subsection (c) as may be agreed upon between the
23      battery stewardship organization and the collection site.
24            (3)   Use as a site for a collection event for covered
25      batteries a retailer, wholesaler, municipality, solid waste
26      management facility, household hazardous waste facility or
27      other entity that meets the criteria for collection events in
28      the approved plan up to the minimum number of sites required
29      for compliance with subsection (c), upon the submission of a
30      request by an entity to the battery stewardship organization

20250HB1233PN1370                    - 22 -
 1      to serve as a site for a collection event. Battery
 2      stewardship programs may use additional sites for collection
 3      events in excess of the minimum required in subsection (c) as
 4      may be agreed upon between the battery stewardship
 5      organization and the collection site.
 6             (4)   A battery stewardship organization may issue a
 7      warning, suspend or terminate a collection site or service
 8      that does not adhere to the collection site criteria in the
 9      approved plan or that poses an immediate health and safety
10      concern.
11      (e)    Programs.--Battery stewardship programs:
12             (1)   Are required to provide for the collection of loose
13      covered batteries.
14             (2)   Are not required to provide for the collection of
15      battery-containing products.
16             (3)   Are not required to provide for the collection of
17      batteries that either:
18                   (i)    Are not easily removed from the product other
19             than by the manufacturer.
20                   (ii)    Remain contained in a battery-containing
21             product at the time of delivery to a collection site.
22             (4)   Are not required to provide for the collection of
23      batteries still contained in a covered device as defined by
24      the Covered Device Recycling Act.
25   § 6710.    Education and outreach requirements.
26      (a)    Promotional activities.--Each battery stewardship
27   organization must carry out promotional activities in support of
28   plan implementation, including all of the following:
29             (1)   Development and maintenance of a publicly accessible
30      Internet website.

20250HB1233PN1370                        - 23 -
 1            (2)   Development and distribution of periodic press
 2      releases and articles.
 3            (3)   Development and placement of advertisements for use
 4      on social media or other relevant media platforms.
 5            (4)   Development of promotional materials about the
 6      program and the restriction on the disposal of covered
 7      batteries in section 6715 (relating to general battery
 8      disposal and collection requirements) to be used by
 9      retailers, government agencies, waste and recycling
10      collectors, nonprofit organizations and other entities or
11      individuals.
12            (5)   Development and distribution of collection site
13      safety training procedures that are in compliance with
14      Commonwealth law applicable to collection sites to help
15      ensure proper management of covered batteries at collection
16      sites.
17            (6)   Development and implementation of outreach and
18      educational resources that are conceptually, linguistically
19      and culturally accurate for the communities served and reach
20      this Commonwealth's diverse ethnic populations, including
21      through meaningful consultation with communities that bear
22      disproportionately higher levels of adverse environmental and
23      social justice impacts.
24      (b)   Information required.--Each battery stewardship
25   organization must provide:
26            (1)   Consumer-focused educational promotional materials
27      to each collection site used by the program and accessible by
28      customers of retailers that sell covered batteries or
29      battery-containing products.
30            (2)   Safety information related to covered battery

20250HB1233PN1370                    - 24 -
 1      collection activities to the operator of each collection
 2      site, including appropriate protocols to reduce risks of
 3      spills or fires, response protocols in the event of a spill
 4      or fire and response protocols in the event of detection of a
 5      damaged or defective battery.
 6             (3)   Educational materials to the operator of each
 7      collection site for the management of recalled batteries,
 8      which are not intended to be part of collection as provided
 9      under section 6709 (relating to collection and management
10      requirements), to help facilitate transportation and
11      processing of recalled batteries.
12      (c)    Reimbursement.--A battery stewardship organization may
13   seek reimbursement from the producer of any recalled battery for
14   expenses incurred in the collection, transportation or
15   processing of those batteries.
16      (d)    Duties.--Upon request by a retailer or other potential
17   collector, the battery stewardship organization must provide the
18   retailer or other potential collector educational materials
19   describing collection opportunities for batteries.
20      (e)    Reporting.--If multiple battery stewardship
21   organizations are implementing plans approved by the department,
22   the battery stewardship organizations must coordinate in
23   carrying out the education and outreach responsibilities under
24   this section and must include in the annual reports to the
25   department under section 6711 (relating to reporting
26   requirements) a summary of the coordinated education and
27   outreach efforts.
28   § 6711.    Reporting requirements.
29      (a)    Annual reports.--By June 1, 2028, and each June 1
30   thereafter, each battery stewardship organization must submit an

20250HB1233PN1370                     - 25 -
 1   annual report to the department covering the preceding calendar
 2   year of battery stewardship plan implementation. The report must
 3   include:
 4          (1)   A summary financial statement in accordance with the
 5      following:
 6                (i)    The statement must:
 7                       (A)   Document the financing of the battery
 8                stewardship organization's program.
 9                       (B)   Provide an analysis of program costs and
10                expenditures, including an analysis of the program's
11                expenses, including collection, transportation,
12                recycling, education and administrative overhead.
13                       (C)   Be sufficiently detailed to provide
14                transparency that funds collected from producers as a
15                result of their activities in this Commonwealth are
16                spent on program implementation in this Commonwealth.
17                (ii)    Battery stewardship organizations implementing
18          similar battery stewardship programs in multiple states
19          may submit a financial statement including all covered
20          states, as long as the statement breaks out financial
21          information pertinent to this Commonwealth.
22          (2)   The weight, by chemistry, of covered batteries
23      collected under the program.
24          (3)   The weight of materials recycled from covered
25      batteries collected under the program, in total, and by
26      method of battery recycling.
27          (4)   A calculation of the recycling efficiency rates, as
28      measured consistent with subsection (b).
29          (5)   For each facility used for the final disposition of
30      batteries, a description of how the facility recycled or

20250HB1233PN1370                      - 26 -
 1    otherwise disposed of batteries and battery components.
 2        (6)    The weight and chemistry of batteries sent to each
 3    facility used for the final disposition of batteries. The
 4    information in subsection (a)(5) may be approximated for
 5    program operations in this Commonwealth based on
 6    extrapolations of national or regional data for programs in
 7    operation in multiple states.
 8        (7)    The collection rate achieved under the program,
 9    including a description of how this collection rate was
10    calculated and how the collection rate compares to the
11    collection rate goals under section 6707 (relating to
12    performance standards).
13        (8)    The estimated aggregate sales, by weight and
14    chemistry, of batteries and batteries contained in or with
15    battery-containing products sold in this Commonwealth by
16    participating producers for each of the previous three
17    calendar years.
18        (9)    A description of the manner in which the collected
19    batteries were managed and recycled, including a discussion
20    of best available technologies and the recycling efficiency
21    rate.
22        (10)    A description of education and outreach efforts
23    supporting plan implementation, including:
24               (i)    A summary of education and outreach provided to
25        consumers, collection sites, manufacturers, distributors
26        and retailers by the program operator for the purpose of
27        promoting the collection and recycling of covered
28        batteries.
29               (ii)   A description of how the education under
30        subparagraph (i) and outreach meet the requirements of

20250HB1233PN1370                    - 27 -
 1             section 6710 (relating to education and outreach
 2             requirements).
 3                    (iii)    Samples of education and outreach materials.
 4                    (iv)    A summary of coordinated education and outreach
 5             efforts with any other battery stewardship organizations
 6             implementing a plan approved by the department.
 7                    (v)    A summary of any changes made during the
 8             previous calendar year to education and outreach
 9             activities.
10             (11)    A list of all collection sites, an address for each
11      listed site and an up-to-date map indicating the location of
12      all collection sites used to implement the program, with
13      links to appropriate publicly accessible Internet websites if
14      there are existing publicly accessible Internet websites
15      associated with a site.
16             (12)    A description of methods used to collect, transport
17      and recycle covered batteries by the battery stewardship
18      organization.
19             (13)    A summary on progress made toward the program
20      performance goals established under section 6707 and an
21      explanation of why performance goals were not met, if
22      applicable.
23      (b)    Count.--The weight of batteries or recovered resources
24   from those batteries must only be counted once and may not be
25   counted by more than one battery stewardship organization.
26      (c)    Other reporting requirements.--In addition to the
27   requirements of subsection (a), with respect to each facility
28   used in the processing or disposition of batteries collected
29   under the program, each battery stewardship organization must
30   report:

20250HB1233PN1370                         - 28 -
 1            (1)   Whether the facility is located domestically, in an
 2      organization for economic cooperation and development country
 3      or in a country that meets organization for economic
 4      cooperation and development operating standards.
 5            (2)   What facilities processed the batteries and for
 6      domestic facilities a summary of any violations of
 7      environmental laws and regulations over the previous three
 8      years at each facility.
 9      (d)   Covered batteries.--If a battery stewardship
10   organization has disposed of covered batteries through energy
11   recovery, incineration or landfilling during the preceding
12   calendar year of program implementation, the annual report must
13   specify the steps that the battery stewardship organization will
14   take to make the recycling of covered batteries cost effective,
15   where possible, or to otherwise increase battery recycling rates
16   achieved by the battery stewardship organization.
17      (e)   Confidentiality.--
18            (1)   A producer or battery stewardship organization that
19      submits information or records to the department under this
20      chapter may request that the information or records be made
21      available only for the confidential use of the department,
22      the secretary of the department or the appropriate division
23      of the department.
24            (2)   The Secretary of Environmental Protection must
25      consider the request and if this action is not detrimental to
26      the public interest and can otherwise be restricted in
27      accordance with the policies and purposes of the act of
28      February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
29      Law, the Secretary of Environmental Protection must grant the
30      request for the information to remain confidential.

20250HB1233PN1370                    - 29 -
 1   § 6712.    Fee and department role.
 2      (a)    Fees.--Each battery stewardship organization submitting
 3   a battery stewardship plan, revision or amendment, shall pay a
 4   fee to the department as follows:
 5             (1)   The fee shall be sufficient to cover the
 6      department's full costs of implementing, administering and
 7      enforcing this chapter.
 8             (2)   Prior to June 1, 2026, and every other June 1
 9      thereafter, the department shall identify the costs incurred
10      under this section and set a fee schedule for plan
11      submissions that is adequate to reimburse the department's
12      full costs of administering this chapter.
13             (3)   The total amount of the annual fees collected under
14      this section shall not exceed the amount necessary to
15      reimburse costs incurred by the department to administer this
16      section.
17      (b)    Departmental duties.--The responsibilities of the
18   department in implementing, administering and enforcing this
19   chapter include:
20             (1)   Reviewing submitted stewardship plans and plan
21      amendments and making determinations on the plan or plan
22      amendment. The following shall apply:
23                   (i)   The department must provide a letter of approval
24             or conditional approval for the plan or plan amendment if
25             the plan provides for the establishment of a stewardship
26             program that meets the requirements of sections 6706
27             (relating to stewardship plan requirements), 6707
28             (relating to performance standards), 6708 (relating to
29             funding), 6709 (relating to collection and management
30             requirements) and 6710 (relating to education and

20250HB1233PN1370                       - 30 -
 1        outreach requirements).
 2              (ii)    If a plan or plan amendment is rejected, the
 3        department must provide the reasons for rejecting the
 4        plan to the battery stewardship organization. The battery
 5        stewardship organization must submit a new plan within 60
 6        days after receipt of the letter of disapproval.
 7              (iii)    If a plan or an amendment to an approved plan
 8        is submitted under this section, the department shall
 9        make the proposed plan or amendment available for public
10        review and comment for at least 30 days.
11        (2)   Reviewing annual reports submitted under section
12    6711 (relating to reporting requirements) within 90 days of
13    submission to ensure compliance with that section.
14        (3)   Ensuring public awareness by:
15              (i)    Maintaining a publicly accessible Internet
16        website that lists producers and the brands that are
17        participating in an approved battery stewardship plan,
18        and that makes available to the public each plan, plan
19        amendment and annual report received by the department
20        under this chapter.
21              (ii)    Upon the date the first plan is approved or
22        conditionally approved, posting on the department's
23        publicly accessible Internet website a list of producers
24        and the brands for which the department has approved a
25        plan. The department must update the list of producers
26        and brands participating under an approved program plan
27        based on information provided to the department from
28        battery stewardship organizations.
29        (4)   Providing technical assistance to producers and
30    retailers related to the requirements of this chapter and

20250HB1233PN1370                   - 31 -
 1      issuing orders or imposing civil penalties authorized under
 2      section 6713 (relating to penalties and civil actions) where
 3      the technical assistance efforts do not lead to compliance by
 4      a producer or retailer.
 5   § 6713.    Penalties and civil actions.
 6      (a)    Civil penalty.--
 7             (1)   Except as provided in paragraph (2), a person who
 8      violates any provision of this chapter is liable for a civil
 9      penalty of $2,500 per violation.
10             (2)   For the failure to pay a fee under this chapter, a
11      person who fails to pay the fee is liable for a civil penalty
12      that is double the applicable fee.
13      (b)    Civil actions.--The penalties under this section may be
14   recovered in a civil action brought by the department. Any
15   penalties collected under this section in an action in which the
16   department has prevailed shall be deposited into the
17   Commonwealth of Pennsylvania, Recycling Fund, to be used in
18   accordance with the provision of the Municipal Waste Planning,
19   Recycling and Waste Reduction Act.
20      (c)    Other civil remedies.--The department may institute a
21   civil action for an injunction, prohibitory or mandatory, to
22   restrain violations of this chapter or to require actions as may
23   be necessary to address violations of this chapter.
24      (d)    Other remedies.--The penalties and injunctions provided
25   in this chapter are in addition to any penalties, injunctions or
26   other relief under any other State law. Nothing in this chapter
27   bars a cause of action by the Commonwealth for any other
28   penalty, injunction or other relief provided by any other
29   applicable law.
30      (e)    Falsification.--A person who knowingly makes a false,

20250HB1233PN1370                     - 32 -
 1   fictitious or fraudulent material statement, orally or in
 2   writing, to the department, related to or required by this
 3   chapter or any rule adopted under this chapter, commits a
 4   misdemeanor of the third degree, under 18 Pa.C.S. § 4904(b)
 5   (relating to unsworn falsification to authorities).
 6      (f)     Limitation.--No penalty may be assessed on an individual
 7   or resident for the improper disposal of covered batteries under
 8   section 6715 (relating to general battery disposal and
 9   collection requirements) in a noncommercial or residential
10   setting.
11   § 6714.    Marking requirements for batteries.
12      (a)     Marking.--Beginning January 1, 2028, a producer or
13   retailer may only sell, distribute or offer for sale in or into
14   this Commonwealth a medium format battery, covered battery or
15   battery-containing product that contains a battery that is
16   designed or intended to be easily removed from the product, if
17   the battery is:
18           

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