Groundbreaking Bill on the Responsible Environmental Management of Batteries is Signed

Governor Jay Inslee signed Senate Bill 5144 into law on 11 May 2023, enacting what has been hailed as one of the most comprehensive bills on the environmental management of batteries thus far.

Addressing Urgent Climate and Environmental Issues

This falls in line with the recent trend of legislatures all over the US passing numerous bills on improving circular economy initiatives, reducing plastic waste, and introducing EPR schemes in an attempt to address urgent climate and environmental issues.

Extended Producer Responsibility Program for Batteries

SB 5144 amends the Electronic Product Recycling Law, Chapter 70A.500 RCW of 2006, introducing a new extended producer responsibility program for batteries.

Requirements for Producers Selling Batteries in Washington

Section 3 of the bill requires that from 1 January 2027, all producers selling or distributing covered batteries or battery-containing products in or into Washington must participate in an approved battery stewardship plan through participation in and appropriate funding of a battery stewardship organization.

Definition of Covered Batteries

Covered batteries are defined in §2(5)(a) as a portable battery or, beginning 1 January 2029, a medium format battery.

Obligations and Compliance Deadlines

The bill introduces several obligations and their respective compliance deadlines:

• Plan Submission by Battery Stewardship Organizations: Beginning 1 July 2026, or within six months of the adoption of program rules, each battery stewardship organization must submit a plan to the department for approval.
• Producer Participation in Approved Stewardship Plan: Beginning 1 Jan 2027, each producer selling or distributing covered batteries or battery-containing products in or into Washington must participate in an approved battery stewardship plan through participation in and appropriate funding of a battery stewardship organization.
• Disposal of Unwanted Portable Batteries: Beginning 1 July 2027, all persons must dispose of unwanted portable batteries through one of the disposal options specified in section 15.
• Retailer Restrictions: Beginning 1 July 2027, a retailer may not sell, offer for sale, or otherwise make available for sale a covered battery or battery-containing product unless the producer participates in an approved battery stewardship organization.
• Sale of Large Format Batteries: Beginning 1 January 2028, a producer or retailer may only sell, distribute, or offer for sale in or into Washington a large format battery, covered battery, or battery-containing product that contains a battery that is designed or intended to be easily removable from the product, if the battery is marked with an identification of the producer of the battery.
• Annual Reporting by Battery Stewardship Organizations: Beginning 1 June 2028, and each June 1st thereafter, each battery stewardship organization must submit an annual report to the department covering the preceding calendar year of the battery stewardship plan.
• Restrictions on Medium Format Batteries: Beginning 1 July 2029, a retailer may not sell, offer for sale, or otherwise make available for sale a covered battery or battery-containing product unless the producer participates in an approved battery stewardship organization.
• Disposal of Unwanted Medium Format Batteries: Beginning 1 July 2029, all persons must dispose of unwanted medium format batteries through one of the disposal options specified in section 15.
• Sale of Large Format Batteries (Medium Format Batteries): Beginning 1 January 2030, a producer or retailer may only sell, distribute, or offer for sale in or into Washington a large format battery, covered battery, or battery-containing product that contains a battery that is designed or intended to be easily removable from the product, if the battery is marked with an identification of the producer of the battery.
• Survey on Public Awareness: During the first year of program implementation and every five years thereafter, each battery stewardship organization must carry out a survey of public awareness regarding the education and outreach requirements of the program.

Recycling Efficiency Rates and Performance Goals

SB 5144 sets target recycling efficiency rates for rechargeable and primary batteries under Section 6, requiring battery stewardship plans to include performance goals that measure the achievements of the program on an annual basis.

Effective Date and Future Study

SB 5144 enters into force on 23 July 2023, with information on larger batteries dependent on the results of a study by the Washington State Department of Ecology to be completed by 1 July 2027. The study also requires policy recommendations for managing electric vehicle batteries to be made by 30 November 2023.

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