An Act To Establish a Stewardship Program for Certain Rechargeable Batteries
Sec. 1. 38 MRSA §1604, sub-§2, as repealed and replaced by PL 1989, c. 878, Pt. A, §116, is amended to read:
(1) The deposit shall be returned to the customer when the customer delivers a used lead-acid battery within 30 days of the date of sale.
(2) All funds received by a dealer as a deposit on a lead-acid battery shall be held in trust and separately accounted for by the retailer. Any interest on those funds shall inure to the benefit of the retailer. Annually on July 1st, all deposits not returned to customers in exchange for lead-acid batteries during the previous year ending June 30th shall inure to the benefit of the retailer; and
(1) "State law requires us to accept motor vehicle batteries or other lead-acid batteries for recycling in exchange for new batteries purchased."
(2) "A deposit of $10 will be charged for each new lead-acid battery that is not exchanged with an old lead-acid battery."
(3) "It is illegal to dump, bury or incinerate a motor vehicle lead-acid battery or other lead-acid battery."
(4) "Recycle your used batteries."
Sec. 2. 38 MRSA §1604, sub-§2-A is enacted to read:
Sec. 3. 38 MRSA §1611 is enacted to read:
§ 1611. Stewardship program for nickel-cadmium and small sealed lead-acid rechargeable batteries
(1) A battery that is not easily removed or is not intended or designed to be removed from a product by a consumer;
(2) A battery that contains electrolyte as a free liquid; or
(3) A battery or battery pack that employs lead-acid technology, is not sealed, contains no liquid electrolyte and is intended by its manufacturer to power a handheld device or provide uninterrupted backup electrical power protection for a stationary consumer product or office equipment containing the battery or pack.
(1) The person that manufactures the covered battery and sells, offers for sale or distributes for sale in the State that battery under the person's own brand;
(2) If there is no person to which subparagraph (1) applies, the owner or licensee of the brand under which the covered battery is sold or distributed in the State; or
(3) If there is no person to which subparagraph (1) or (2) applies, the person that imports the covered battery into the United States for sale or distribution in the State.
A manufacturer of a rechargeable battery subject to the requirements of section 2165 and to the requirements of this section that complies with all applicable requirements of this section is exempt from complying with the requirements of section 2165 with respect to that battery.
A new producer that fails to submit a plan or join an existing organization within the time limits described in this subsection may not sell or offer for sale a covered battery in the State until the producer submits a plan that is approved by the commissioner or joins an existing organization.
The department shall charge a reasonable application fee, not to exceed $10,000, to be paid by an applicant under subsection 2 for review and approval of a covered battery stewardship plan. The department may establish a reasonable annual fee, not to exceed $25,000, to be paid by an operator, to cover the department's actual costs for annual report review, administration and enforcement.
Sec. 4. 38 MRSA §2165, sub-§2, as enacted by PL 1991, c. 808, §2, is amended to read:
Sec. 5. 38 MRSA §2165, sub-§4, as enacted by PL 1991, c. 808, §2, is amended to read:
This bill provides for the establishment of a new stewardship program in the State for discarded nickel-cadmium and small sealed lead-acid rechargeable batteries. Under the bill, a producer of such rechargeable batteries, or an organization comprising one or more producers of such rechargeable batteries, submits a plan for the establishment of a battery stewardship program to the Commissioner of Environmental Protection for approval. Once approved, a program operates to provide convenient, free statewide collection opportunities for discarded rechargeable batteries covered under the program, and discarded rechargeable batteries collected through the program are recycled or otherwise responsibly managed. This bill also amends existing laws relating to certain rechargeable battery types to avoid statutory conflicts with the new stewardship program for rechargeable batteries.