AB1205: Bill Text

AB1205,,63 5. The estimated total weight of covered batteries sold, offered for sale, or distributed for sale in or into this state by the producer in the previous 3 calendar years.

AB1205,,64 6. The location and contact information for each collection facility and collection site that collected covered batteries under the producer’s approved battery stewardship plan in the previous calendar year.

AB1205,,65 7. Examples and descriptions of educational materials provided and outreach activities conducted by the producer in the previous calendar year to increase covered battery collection, and a description of how the producer coordinated with other producers with approved battery stewardship plans in carrying out its education and outreach program.

AB1205,,66 8. A description of how collected covered batteries were managed in the previous calendar year.

AB1205,,67 9. Any material amendment to the producer’s battery stewardship plan approved by the department under sub. (5) (b) in the previous calendar year.

AB1205,,68 10. The producer’s cost of implementing its battery stewardship plan in the previous calendar year, including the costs of collection, recycling, education, and outreach.

AB1205,,69 (d) Public survey. During the first year of implementing an approved battery stewardship plan, and two years thereafter, a producer shall conduct a statistically significant survey of public awareness of the battery stewardship plan and its implementation. The results of the survey shall identify communities that have disparities in awareness and that need additional education and outreach.

AB1205,,70 (e) Audit. After 5 years of implementing an approved battery stewardship plan, a producer shall contract with an independent 3rd party to conduct a one-time audit of the battery stewardship plan and its implementation. The audit shall examine the effectiveness of the battery stewardship plan in collecting and recycling covered batteries; examine the cost-effectiveness of the battery stewardship plan; and compare the battery stewardship plan to other covered battery collection plans in other jurisdictions. The auditor shall submit the results of the audit directly to the department and provide a copy to the producer.

AB1205,,71 (f) Educational materials for retailers. A producer that supplies covered batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for those batteries.

AB1205,,72 (4) Battery stewardship organizations. A producer may meet the requirements under sub. (3) by participating in a battery stewardship organization, made up of at least 5 producers, that complies with the requirements of sub. (3) on behalf of the producer. A battery stewardship organization may exercise the rights under subs. (6) and (7) on behalf of any of the producers participating in the organization.

AB1205,,73 (5) Department duties. (a) Plan approvals. Within 90 days after receiving a complete proposed battery stewardship plan under sub. (3) (a), not including any time required for public comment and hearing under par. (d), the department shall determine whether the proposed plan complies with the requirements under sub. (3) (a). If the proposed plan complies with the requirements under sub. (3) (a), the department may approve the plan and shall notify the producer of the approval in writing. If the proposed plan does not comply with the requirements under sub. (3) (a), the department shall deny the plan and notify the producer of the denial in writing; the producer shall have 45 days after receiving a denial to submit a revised plan to the department for approval. A proposed plan that is not approved or denied by the department within 90 days shall be deemed approved.

AB1205,,74 (b) Plan amendments. A producer may not amend an approved battery stewardship plan unless the proposed amendments are approved by the department in writing. The department may require a producer to amend an approved plan.

AB1205,,75 (c) Plan revocations. The department may revoke an approved battery stewardship plan if the department determines that the producer is not complying with the approved plan and the producer fails to comply with or amend the plan within a reasonable time after receiving a request to do so from the department.

AB1205,,76 (d) Public notice and comment. The department shall publish a class 1 notice under ch. 985, shall publish notice on its website, and shall provide notice, upon request, to interested persons, announcing the opportunity for written public comment and the opportunity to request a public hearing on a battery stewardship plan submitted under sub. (3) (a). The department’s notice to interested persons may be given through an electronic notification system established by the department. For the purpose of determining the date on which notice is provided under this paragraph, the date on which the department first publishes the notice on its website shall be considered the date of notice. The department shall receive public comments on the proposed battery stewardship plan for a 30-day period beginning on the date the department gives notice.

AB1205,,77 (e) Website. Subject to par. (g), the department shall maintain on its website all of the following:

AB1205,,78 1. A copy of all approved battery stewardship plans.

AB1205,,79 2. The names of producers with approved battery stewardship plans.

AB1205,,80 3. A list of brands of covered batteries listed in approved battery stewardship plans under sub. (3) (a) 2.

AB1205,,81 (f) Outreach and communication. The department shall promote public participation in the collection and recycling of covered batteries through education and outreach activities.

AB1205,,82 (g) Confidentiality. Information submitted to the department under this section that is a protected trade secret shall not be open to public inspection and copying under s. 19.35 (1). The department may publish such information in a summary or aggregated form that does not identify individual producers or retailers. The department may require a producer, as part of a report submitted under sub. (3) (c), to omit or redact trade secret information. The total weight of covered batteries collected under an approved battery stewardship plan is not a protected trade secret.

AB1205,,83 (h) Reporting. No later than July 1, 2027, and every two years thereafter, the department shall provide a report on the program under this section to the legislature under s. 13.172 (2) and to the governor. The department shall include in the report a summary of annual reports received under sub. (3) (c) and any recommendations for changes to the program under this section.

AB1205,,84 (i) Rules. The department may promulgate rules to implement and administer this section.

AB1205,,85 (6) Reimbursement. (a) Request. A producer operating under an approved battery stewardship plan that collects covered batteries that are not included under the producer’s approved plan is entitled to reimbursement from the producer of the collected batteries for costs incurred in collecting, handling, recycling, or properly disposing of such batteries. A producer may request reimbursement only after the producer has met the collection rate performance goal included in the producer’s approved battery stewardship plan. Reimbursement may be requested only for costs actually incurred in collecting the covered batteries, including costs of collection, transport, recycling, and other methods of disposal identified in the producer’s approved battery stewardship plan, and reasonable administrative costs.

AB1205,,86 (b) Payment. A producer that receives a request for reimbursement under this subsection may, prior to payment and within 30 days of receiving the request for reimbursement, request an independent audit of the requested reimbursement costs. If the independent audit confirms that the requested reimbursement costs are reasonable, the producer requesting the audit shall pay the cost of the audit and the amount of the reimbursement requested. If the independent audit finds that the reimbursement request was not reasonable, the producer that submitted the reimbursement request shall pay the cost of the audit.

AB1205,,87 (7) Private right of action. A producer operating under an approved battery stewardship plan that is in compliance with the requirements under sub. (3) may bring a civil action against another producer for costs incurred in collecting, handling, recycling, or properly disposing of covered batteries produced by the other producer, if all of the following apply:

AB1205,,88 (a) The producer bringing the action has incurred more than $1,000 in actual costs that are reimbursable under sub. (6).

AB1205,,89 (b) The producer against whom the action is brought can be identified as the producer of the collected covered batteries, from a brand or marking on the collected batteries or from other information available.

AB1205,,90 (c) The producer bringing the action submitted a request for reimbursement under sub. (6) and did not receive reimbursement within 90 days if no independent audit was requested or within 60 days after completion of an independent audit if an audit was requested.

AB1205,,91 (8) Penalties. Any producer or retailer that violates this section may be required to forfeit not more than $10,000 for each violation.

AB1205,,92 (end)