Read the full stored bill text
Senate
File
545
-
Introduced
SENATE
FILE
545
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SSB
1196)
(COMPANION
TO
HF
726
BY
KNIFF
MCCULLA)
A
BILL
FOR
An
Act
providing
for
the
implementation
of
battery
stewardship
1
plans,
making
appropriations,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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545
Section
1.
Section
22.7,
Code
2025,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
76.
Proprietary
information
obtained
3
by
the
department
of
natural
resources
pursuant
to
section
4
455D.10A.
5
Sec.
2.
Section
455D.10A,
Code
2025,
is
amended
by
striking
6
the
section
and
inserting
in
lieu
thereof
the
following:
7
455D.10A
Battery
stewardship.
8
1.
Definitions.
9
a.
“Battery-containing
product”
means
a
product
10
that
contains
or
is
packaged
with
a
covered
battery.
11
“Battery-containing
product”
does
not
include
computers,
12
small-scale
servers,
computer
monitors,
electronic
keyboards
13
and
mice,
printers,
fax
machines,
scanners,
televisions,
14
digital
video
disc
players
and
recorders,
video
cassette
15
recorders,
digital
converter
boxes,
cable
receivers,
satellite
16
receivers,
portable
digital
music
players,
or
video
game
17
consoles.
18
b.
“Battery
stewardship
organization”
means
a
producer
19
that
directly
implements
a
plan
approved
by
the
department
20
under
this
section
or
a
nonprofit
organization
designated
by
a
21
producer
or
group
of
producers
to
implement
such
a
plan.
22
c.
“Collection
rate”
means
the
percentage
calculated
by
23
dividing
the
total
weight
of
covered
batteries
collected
in
the
24
state
by
a
battery
stewardship
organization
in
a
calendar
year
25
by
the
average
annual
weight
of
covered
batteries
estimated
to
26
have
been
sold
in
the
state
by
all
producers
during
that
same
27
calendar
year
and
the
previous
two
calendar
years.
28
d.
“Collection
site”
means
a
designated
location
that
29
is
approved
under
a
battery
stewardship
plan
where
portable
30
batteries
or
medium
format
batteries
may
be
dropped
off
by
31
members
of
the
public.
Collection
sites
shall
be
operated
32
in
accordance
with
the
applicable
requirements
of
a
battery
33
stewardship
organization’s
approved
battery
stewardship
plan.
34
However,
collection
sites
are
independent
of
the
battery
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stewardship
organizations.
1
e.
“Covered
battery”
means
a
portable
battery
or
a
medium
2
format
battery.
“Covered
battery”
does
not
include
any
of
the
3
following:
4
(1)
A
battery
contained
in
a
medical
device
that
is
5
regulated
under
the
federal
Food,
Drug,
and
Cosmetic
Act,
21
6
U.S.C.
§301
et
seq.,
and
that
is
not
designed
or
marketed
for
7
sale
or
resale
at
retail
locations
for
personal
use.
8
(2)
A
battery
that
contains
an
electrolyte
as
a
free
liquid
9
or
a
product
that
contains
such
a
battery.
10
(3)
A
lead
acid
battery
or
a
product
that
contains
such
a
11
battery.
12
(4)
A
battery
that
is
a
component
of
a
motor
vehicle
or
that
13
is
intended
for
use
exclusively
in
motor
vehicles.
14
(5)
A
battery
in
a
product
that
is
not
intended
or
designed
15
to
be
easily
removed
by
the
user
with
no
more
than
commonly
16
used
household
tools.
17
f.
“Medium
format
battery”
means
any
of
the
following:
18
(1)
For
batteries
that
are
not
capable
of
being
recharged,
19
a
battery
that
weighs
more
than
four
and
four-tenths
pounds
but
20
not
more
than
twenty-five
pounds.
21
(2)
For
rechargeable
batteries,
a
battery
that
weighs
more
22
than
eleven
pounds,
or
that
has
a
rating
of
more
than
three
23
hundred
watt-hours,
or
both,
but
that
does
not
weigh
more
than
24
twenty-five
pounds
or
have
a
rating
of
more
than
two
thousand
25
watt-hours.
26
g.
“Plan”
means
the
battery
stewardship
plan.
27
h.
“Portable
battery”
means
any
of
the
following:
28
(1)
For
batteries
that
are
not
capable
of
being
recharged,
a
29
battery
that
weighs
no
more
than
four
and
four-tenths
pounds.
30
(2)
For
rechargeable
batteries,
a
battery
that
weighs
no
31
more
than
eleven
pounds
and
that
has
a
rating
of
no
more
than
32
three
hundred
watt-hours.
33
i.
“Primary
battery”
means
a
battery
that
is
not
capable
of
34
being
recharged.
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j.
(1)
“Producer”
means
a
person
that
sells,
offers
1
for
sale,
or
distributes
for
sale
a
covered
battery
or
2
battery-containing
product
in
or
into
the
state
in
accordance
3
with
the
following:
4
(a)
If
the
covered
battery
or
battery-containing
product
is
5
sold
under
a
brand
of
the
battery’s
or
product’s
manufacturer,
6
the
person
that
manufactures
the
battery
or
product.
7
(b)
If
the
covered
battery
or
battery-containing
product
is
8
sold
under
a
retail
brand
or
under
a
brand
owned
by
a
person
9
other
than
the
battery’s
or
product’s
manufacturer,
the
person
10
that
owns
the
brand.
11
(c)
If
subparagraph
divisions
(a)
and
(b)
do
not
apply,
12
the
person
that
is
the
licensee
of
a
brand
or
trademark
under
13
which
the
covered
battery
or
battery-containing
product
is
14
sold,
offered
for
sale,
or
distributed
for
sale
in
or
into
this
15
state,
regardless
of
whether
the
trademark
is
registered
in
16
this
state.
17
(d)
If
subparagraph
divisions
(a)
through
(c)
do
not
18
apply
to
any
person
within
the
United
States,
the
person
19
that
is
the
importer
of
record
for
the
covered
battery
or
20
battery-containing
product
into
the
United
States
for
the
21
purpose
of
selling,
offering
for
sale,
or
distributing
for
sale
22
the
battery
or
product
in
or
into
this
state.
23
(e)
If
subparagraph
divisions
(a)
through
(d)
do
not
apply
24
to
any
person
with
a
commercial
presence
in
this
state,
the
25
person
who
first
sells,
offers
for
sale,
or
distributes
for
26
sale
the
covered
battery
or
battery-containing
product
in
or
27
into
this
state.
28
(2)
“Producer”
does
not
include
a
person
that
only
sells,
29
offers
for
sale,
or
distributes
for
sale
a
battery-containing
30
product
if
the
battery
is
supplied
by
another
producer
that
is
31
directly
implementing
a
plan
approved
by
the
department
under
32
this
section
or
that
has
designated
a
nonprofit
organization
to
33
implement
such
a
plan.
34
k.
“Rechargeable
battery”
means
a
battery
that
contains
one
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or
more
voltaic
or
galvanic
cells
electrically
connected
to
1
produce
electric
energy
and
that
is
designed
to
be
recharged.
2
l.
“Recycling”
means
preparing
batteries
for
use
in
3
manufacturing
processes
or
for
recovery
of
usable
materials
and
4
delivering
the
materials
for
use.
Recycling
does
not
include
5
destruction
by
incineration
or
other
processes
or
land
disposal
6
of
recyclable
materials
and
does
not
include
reuse,
repair,
or
7
any
other
process
through
which
batteries
are
returned
in
their
8
original
form.
9
m.
“Recycling
efficiency
rate”
means
the
percentage
10
calculated
by
dividing
the
weight
of
components
and
materials
11
recycled
by
a
battery
stewardship
organization
by
the
weight
12
of
covered
batteries
collected
by
the
battery
stewardship
13
organization.
14
n.
“Retailer”
means
a
person
that
sells
or
offers
for
sale
15
a
covered
battery
in
or
into
this
state.
16
2.
Prohibitions.
17
a.
On
and
after
January
1,
2028,
a
producer
or
retailer
18
shall
not
sell,
offer
for
sale,
or
distribute
for
sale
in
19
or
into
the
state
any
covered
battery
or
battery-containing
20
product
unless
the
producer
of
the
covered
battery
or
21
battery-containing
product
is
operating
under
a
plan
approved
22
by
the
department
under
this
section.
This
paragraph
does
not
23
apply
to
a
retailer
if
the
internet
site
maintained
by
the
24
department
under
subsection
8
lists,
as
of
the
date
a
battery
25
or
product
is
made
available
for
retail
sale,
the
producer
or
26
brand
of
the
battery
or
product
as
being
covered
by
a
plan
27
approved
under
this
section.
28
b.
On
and
after
January
1,
2028,
a
producer
or
retailer
29
shall
not
sell,
offer
for
sale,
or
distribute
for
sale
in
30
or
into
the
state
any
covered
battery
or
battery-containing
31
product
unless
the
covered
battery
or
battery
in
the
32
battery-containing
product
is
marked
with
an
identification
of
33
the
producer
of
the
battery.
This
paragraph
does
not
apply
if
34
the
battery
is
less
than
one-half
inch
in
diameter
or
does
not
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contain
a
surface
with
a
length
that
exceeds
one-half
inch.
1
c.
On
and
after
January
1,
2029,
a
producer
or
retailer
2
shall
not
sell,
offer
for
sale,
or
distribute
for
sale
in
3
or
into
the
state
any
covered
battery
or
battery-containing
4
product
unless
the
covered
battery
or
battery
in
the
5
battery-containing
product
is
marked
to
ensure
proper
6
collection
and
recycling
by
identifying
the
chemistry
of
the
7
battery
and
including
an
indication
that
the
battery
should
not
8
be
disposed
of
as
household
waste.
9
d.
A
producer,
retailer,
or
battery
stewardship
organization
10
shall
not
charge
a
point-of-sale
fee
to
consumers
to
cover
the
11
costs
of
implementing
a
plan
approved
under
this
section.
12
3.
Battery
stewardship
plan.
13
a.
By
January
1,
2027,
each
producer
shall
submit
a
14
battery
stewardship
plan
to
the
department
for
review.
A
plan
15
submitted
to
the
department
shall
have
a
term
of
no
more
than
16
five
years
and
shall
include
all
of
the
following:
17
(1)
The
names
and
contact
information
for
each
producer
18
covered
under
the
plan.
19
(2)
The
brands
of
all
of
the
covered
batteries
that
the
20
producer
sells,
offers
for
sale,
or
distributes
for
sale
in
or
21
into
this
state.
All
such
brands
shall
be
covered
by
the
plan.
22
(3)
Performance
goals
under
the
plan,
and
a
process
for
23
achieving
these
goals.
Performance
goals
shall
include
target
24
collection
rates
for
rechargeable
batteries
and
for
batteries
25
that
are
not
capable
of
being
recharged;
target
recycling
26
efficiency
rates
of
at
least
sixty
percent
for
rechargeable
27
batteries
and
seventy
percent
for
batteries
that
are
not
28
capable
of
being
recharged;
and
goals
for
public
awareness,
29
convenience,
and
accessibility.
The
collection
rate
goals
for
30
each
of
the
first
three
years
of
implementation
of
the
battery
31
stewardship
organization’s
approved
plan
shall
be
based
on
the
32
estimated
total
weight
of
covered
batteries
that
have
been
33
sold
in
this
state
in
the
previous
three
calendar
years
by
the
34
producers
participating
in
the
plan.
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(4)
A
process
for
making
retailers
aware
of
the
requirement
1
under
subsection
2.
2
(5)
Consumer
awareness
goals
and
a
description
of
the
3
education
and
outreach
strategy
that
the
battery
stewardship
4
organization
will
implement
to
promote
participation
in
5
the
organization’s
approved
plan
and
to
provide
information
6
necessary
for
the
effective
participation
of
consumers,
7
retailers,
and
others.
8
(6)
A
process
for
making
available
to
collection
sites,
9
for
voluntary
use,
signage,
written
materials,
and
other
10
promotional
materials
to
inform
consumers
of
the
available
11
end-of-life
management
options
for
covered
batteries
collected
12
under
the
battery
stewardship
organization’s
approved
plan.
13
(7)
Collection
site
safety
training
procedures
related
to
14
covered
battery
collection
activities
at
collection
sites,
15
including
a
description
of
operating
protocols
to
reduce
risks
16
of
spills
or
fires,
response
protocols
in
the
event
of
a
spill
17
or
fire,
and
protocols
for
safe
management
of
damaged
batteries
18
that
are
returned
to
collection
sites.
19
(8)
A
method
for
fully
funding
the
battery
stewardship
20
organization’s
approved
plan
in
a
manner
that
equitably
21
distributes
the
plan’s
costs
among
the
producers
that
are
part
22
of
the
battery
stewardship
organization;
or,
for
producers
that
23
are
not
a
member
of
a
battery
stewardship
organization
and
that
24
implement
a
plan
individually,
a
method
for
fully
funding
the
25
producer’s
approved
plan.
26
(9)
Provisions
for
collecting
covered
batteries
at
no
cost,
27
regardless
of
the
brand
or
producer
of
the
covered
battery,
on
28
a
continuous,
convenient,
visible,
and
accessible
basis.
29
(10)
The
addresses
of
collection
sites
that
will
accept
30
covered
batteries
under
the
plan,
and
the
criteria
used
to
31
determine
whether
an
entity
may
serve
as
a
collection
site.
32
(11)
The
names
of
proposed
service
providers,
including
33
sorters,
transporters,
and
processors,
to
be
used
for
the
final
34
disposition
of
batteries.
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(12)
Provisions
for
recordkeeping,
tracking,
and
1
documenting
the
management
and
disposition
of
collected
covered
2
batteries.
3
(13)
An
explanation
for
any
delay
anticipated
by
the
battery
4
stewardship
organization
in
managing
medium-format
batteries.
5
b.
A
battery
stewardship
organization
shall
pay
a
fee
of
6
one
hundred
thousand
dollars
to
the
department
upon
approval
7
of
a
plan
under
this
section
or
on
January
1,
2027,
whichever
8
is
later,
and
a
fee
of
one
hundred
thousand
dollars
annually
9
thereafter.
The
annual
fee
amount
shall
be
reviewed
and,
if
10
necessary,
adjusted
every
five
years
by
the
general
assembly
11
to
ensure
the
department
maintains
adequate
funding
to
fully
12
complete
the
department’s
duties
described
in
subsection
8.
13
Fees
paid
under
this
paragraph
shall
be
deposited
into
the
14
battery
stewardship
account
of
the
groundwater
protection
fund
15
created
in
section
455E.11.
16
c.
A
battery
stewardship
organization
shall
submit
a
new
17
plan
to
the
department
for
approval
no
less
than
every
five
18
years.
If
the
performance
goals
under
the
previously
approved
19
plan
have
not
been
met,
the
new
plan
shall
include
corrective
20
measures
to
be
implemented
by
the
battery
stewardship
21
organization
to
meet
those
performance
goals,
which
may
include
22
improvements
to
the
collection
site
network
or
increased
23
expenditures
dedicated
to
education
and
outreach.
24
d.
A
battery
stewardship
organization
shall
provide
plan
25
amendments
to
the
department
for
approval
when
proposing
26
material
changes
to
the
approved
plan.
27
e.
A
battery
stewardship
organization
operating
under
a
28
plan
approved
by
the
department
under
this
section
shall
notify
29
the
department
within
thirty
days
of
a
producer
beginning
or
30
ceasing
participation
in
the
battery
stewardship
organization,
31
or
within
thirty
days
of
adding
or
removing
a
processor
or
32
transporter
under
the
approved
plan.
33
f.
The
department
may
approve
plans
under
this
section
from
34
more
than
one
battery
stewardship
organization.
The
department
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may
approve
plans
that
equitably
share
the
costs,
among
other
1
battery
stewardship
organizations,
of
implementing
the
parts
of
2
those
plans
that
benefit
such
organizations.
3
4.
Cost
and
reimbursement.
A
battery
stewardship
4
organization
implementing
a
plan
approved
under
this
section
5
shall
do
all
the
following:
6
a.
Be
responsible
for
all
costs
associated
with
implementing
7
the
plan.
8
b.
Reimburse
local
governmental
units
for
demonstrable
costs
9
incurred
as
a
result
of
a
local
government
facility
or
solid
10
waste
facility
serving
as
a
collection
site
under
the
plan.
11
c.
Collect
charges
from
participating
producers
sufficient
12
to
cover
the
costs
of
implementation,
including
battery
13
collection,
transportation,
and
processing;
education
and
14
outreach;
program
evaluation;
and
payment
of
the
annual
fee
to
15
the
department
under
subsection
3,
paragraph
“b”
.
16
5.
Collection
and
management
of
covered
batteries.
17
a.
A
battery
stewardship
organization
implementing
a
plan
18
approved
under
this
section
shall
do
all
of
the
following:
19
(1)
Provide
for
the
collection
of
all
covered
batteries
20
from
any
person,
regardless
of
the
chemistry
or
brand
of
the
21
battery,
on
a
free,
continuous,
convenient,
visible,
and
22
accessible
basis.
23
(2)
Provide
to
collection
sites
under
the
plan,
at
no
24
cost
to
the
sites,
suitable
collection
containers
for
covered
25
batteries
that
are
segregated
from
other
waste;
or
make
26
alternative
arrangements
for
the
collection
of
such
batteries
27
at
the
site,
with
the
agreement
of
the
collection
site.
28
(3)
Ensure
that
medium
format
batteries
are
collected
only
29
at
household
hazardous
waste
collection
sites
or
other
staffed
30
collection
sites
that
meet
applicable
federal,
state,
and
local
31
requirements
for
managing
medium
format
batteries.
32
(4)
Provide
for
the
collection
of
damaged
and
defective
33
batteries,
by
persons
trained
to
handle
and
ship
such
34
batteries,
at
collection
sites
and
at
each
permanent
household
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hazardous
waste
facility
and
each
household
hazardous
waste
1
collection
event
provided
by
the
department.
As
used
in
this
2
subparagraph,
“damaged
and
defective
batteries”
means
batteries
3
that
have
been
damaged
or
that
have
been
identified
by
the
4
manufacturer
as
being
defective
for
safety
reasons,
and
that
5
have
the
potential
to
produce
a
dangerous
evolution
of
heat,
6
fire,
or
short
circuit.
7
(5)
Ensure
statewide
collection
opportunities
for
all
8
covered
batteries.
9
(6)
Coordinate
activities
with
others,
such
as
electronic
10
waste
recyclers
and
other
plan
operators,
to
provide
efficient
11
delivery
of
services
and
avoid
unnecessary
duplication
of
12
effort
and
expense.
A
battery
stewardship
organization
shall
13
use
existing
public
and
private
waste
collection
services
14
and
facilities,
transporters,
consolidators,
processors,
and
15
retailers,
if
cost
effective,
mutually
agreeable,
and
otherwise
16
practical.
17
(7)
For
portable
batteries,
provide
all
of
the
following
no
18
later
than
December
31,
2028:
19
(a)
Permanent
collection
at
all
regional
collection
centers
20
and
satellite
facilities,
as
defined
under
section
455F.1,
that
21
meet
the
operating
requirements
of
an
approved
plan,
unless
the
22
facility
declines
to
participate
as
a
permanent
collection
site
23
for
portable
batteries.
24
(b)
At
least
one
permanent
collection
site
within
a
25
fifteen-mile
radius
for
at
least
ninety-five
percent
of
state
26
residents.
27
(8)
For
medium
format
batteries,
provide
all
of
the
28
following
no
later
than
December
31,
2028:
29
(a)
Permanent
collection
at
all
regional
collection
centers
30
and
satellite
facilities,
as
defined
under
section
455F.1,
that
31
meet
the
operating
requirements
of
an
approved
plan,
unless
the
32
facility
declines
to
participate
as
a
permanent
collection
site
33
for
medium
format
batteries.
34
(b)
At
least
ten
permanent
collection
sites
that
are
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reasonably
dispersed
in
this
state.
1
(c)
A
collection
event
at
least
once
every
three
years
in
2
each
county
that
does
not
have
a
permanent
collection
site
that
3
must
provide
for
the
collection
of
all
medium
format
batteries,
4
including
damaged
and
defective
medium
format
batteries,
as
5
described
in
subparagraph
(4).
6
(9)
Use
as
a
collection
site
or
the
site
of
a
collection
7
event
the
location
of
any
entity
that
meets
the
criteria
for
8
a
collection
site
or
collection
event
under
an
approved
plan
9
and
that
requests
to
serve
as
a
collection
site
or
collection
10
event,
up
to
the
number
of
collection
sites
required
to
comply
11
with
subparagraphs
(7)
and
(8).
12
b.
A
battery
stewardship
organization
implementing
a
plan
13
approved
under
this
section
may
issue
a
warning
to,
suspend,
14
or
terminate
a
collection
site
or
service
that
does
not
comply
15
with
the
criteria
under
the
approved
plan
or
that
poses
an
16
immediate
concern
to
health
and
safety.
17
c.
A
battery
stewardship
organization
is
not
required
to
18
provide
for
the
collection
of
battery-containing
products
or
19
covered
batteries
that
remain
contained
in
a
battery-containing
20
product
at
the
time
of
delivery
to
a
collection
site
or
21
collection
event.
A
battery
stewardship
organization
shall
22
collect
recalled
batteries.
However,
the
battery
stewardship
23
organization
may
seek
reimbursement
from
the
producer
of
24
a
recalled
battery
for
the
costs
incurred
in
collecting,
25
transporting,
or
processing
such
batteries.
26
6.
Education
and
outreach.
27
a.
A
battery
stewardship
organization
implementing
a
plan
28
approved
under
this
section
shall
do
all
of
the
following
to
29
promote
the
implementation
of
the
plan:
30
(1)
Develop
and
maintain
an
internet
site.
31
(2)
Develop
and
distribute
periodic
press
releases
and
32
articles.
33
(3)
Develop
and
place
advertisements
for
use
on
social
media
34
accounts
or
other
relevant
media
platforms.
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(4)
Develop
promotional
materials
about
the
program
and
1
about
the
restriction
on
disposing
covered
batteries
under
2
subsection
11.
3
(5)
Develop
and
distribute
collection
site
safety
training
4
procedures
to
collection
sites
to
help
ensure
proper
management
5
of
covered
batteries
at
collection
sites.
6
(6)
Develop
and
implement
outreach
and
educational
7
resources
that
are
conceptually,
linguistically,
and
8
culturally
accurate
for
the
communities
served,
including
9
through
meaningful
consultation
with
communities
that
bear
10
disproportionately
higher
levels
of
adverse
environmental
and
11
social
justice
impacts.
12
(7)
Provide
consumer-focused
educational
materials
to
13
consumers,
collection
sites,
manufacturers,
distributors,
and
14
retailers
to
promote
the
collection
and
recycling
of
covered
15
batteries.
16
(8)
Provide
safety
information
related
to
covered
battery
17
collection
activities
to
the
operator
of
each
collection
site
18
used
under
the
plan,
including
appropriate
protocols
to
reduce
19
risks
of
spills
or
fires,
to
respond
to
a
spill
or
fire,
and
to
20
manage
collected
damaged
or
defective
batteries
as
defined
in
21
subsection
5,
paragraph
“a”
,
subparagraph
(4).
22
(9)
Provide
educational
materials
to
the
operator
of
each
23
collection
site
used
under
the
plan
for
the
management
of
24
recalled
batteries.
25
(10)
Upon
request
by
a
retailer
or
other
potential
26
collection
site,
provide
education
materials
describing
27
collection
opportunities
for
covered
batteries.
28
(11)
Coordinate
with
other
battery
stewardship
29
organizations
implementing
a
plan
approved
under
this
section,
30
if
applicable,
in
providing
education
and
outreach
under
this
31
subsection.
32
(12)
Conduct
a
survey,
during
the
first
year
of
implementing
33
an
approved
plan
and
every
five
years
thereafter,
of
public
34
awareness
of
the
provisions
of
this
section.
The
battery
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stewardship
organization
shall
share
the
results
of
the
surveys
1
with
the
department.
2
7.
Annual
reporting.
3
a.
No
later
than
June
1,
2029,
and
each
June
1
thereafter,
4
a
battery
stewardship
organization
implementing
a
plan
approved
5
under
this
section
shall
submit
to
the
department
a
report
that
6
contains
all
of
the
following:
7
(1)
An
independent
financial
assessment
of
implementing
the
8
plan,
including
a
breakdown
of
the
plan’s
expenses,
such
as
9
collection
expenses,
recycling
expenses,
education
expenses,
10
and
overhead
expenses.
11
(2)
A
summary
financial
statement
documenting
the
12
financing
of
the
plan
and
an
analysis
of
plan
costs
and
13
expenditures,
including
an
analysis
of
the
plan’s
expenses,
14
such
as
collection,
transportation,
recycling,
education,
and
15
administrative
overhead.
The
summary
financial
statement
shall
16
be
sufficiently
detailed
to
provide
transparency
that
funds
17
collected
from
producers
are
spent
on
plan
implementation
in
18
this
state.
19
(3)
The
weight,
by
chemistry,
of
covered
batteries
20
collected
under
the
plan.
21
(4)
The
weight
of
materials
recycled
from
covered
batteries
22
collected
under
the
plan,
in
total,
and
by
method
of
battery
23
recycling.
24
(5)
A
calculation
of
the
recycling
efficiency
rate
under
the
25
plan.
26
(6)
A
list
of
all
facilities
used
in
the
processing
or
27
disposition
of
covered
batteries
under
the
plan
and,
for
28
domestic
facilities,
a
summary
of
any
founded
violations
of
29
environmental
laws
and
regulations
during
the
previous
three
30
years
at
each
facility.
31
(7)
For
each
facility
used
for
the
final
disposition
of
32
covered
batteries
under
the
plan,
a
description
of
how
the
33
facility
recycled
or
otherwise
managed
batteries
and
battery
34
components.
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(8)
The
weight
and
chemistry
of
covered
batteries
sent
1
to
each
facility
that
is
used
for
the
final
disposition
of
2
batteries.
This
information
may
be
approximated
based
on
3
extrapolations
of
national
or
regional
data
for
programs
in
4
operation
in
multiple
states.
5
(9)
The
collection
rate
achieved
under
the
plan,
including
a
6
description
of
how
this
collection
rate
was
calculated
and
how
7
it
compares
to
the
collection
rate
goals
under
the
plan.
8
(10)
The
estimated
aggregate
sales,
by
weight
and
9
chemistry,
of
covered
batteries,
including
covered
batteries
10
contained
in
or
packaged
with
battery-containing
products,
11
sold
in
this
state
by
the
battery
stewardship
organization’s
12
participating
producers
for
each
of
the
previous
three
calendar
13
years.
14
(11)
A
description
of
how
collected
batteries
were
managed
15
and
recycled,
including
a
discussion
of
the
best
available
16
technologies
and
the
recycling
efficiency
rate.
17
(12)
A
description
of
education
and
outreach
efforts
18
supporting
plan
implementation,
including
a
summary
of
19
education
and
outreach
provided
to
consumers,
collection
sites,
20
manufacturers,
distributors,
and
retailers
to
promote
the
21
collection
and
recycling
of
covered
batteries;
a
description
22
of
how
that
education
and
outreach
met
the
requirements
of
23
subsection
6;
samples
of
education
and
outreach
materials;
a
24
summary
of
coordinated
education
and
outreach
efforts
with
any
25
other
battery
stewardship
organizations
implementing
a
plan
26
approved
under
this
section;
and
a
summary
of
any
changes
made
27
during
the
previous
calendar
year
to
education
and
outreach
28
activities.
29
(13)
A
list
of
all
collection
sites
and
an
address
for
each
30
listed
site,
and
an
up-to-date
map
indicating
the
location
of
31
all
collection
sites
used
to
implement
the
plan,
with
links
to
32
each
collection
site’s
internet
site
when
available.
33
(14)
A
description
of
methods
used
to
collect,
transport,
34
and
recycle
covered
batteries
under
the
plan.
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(15)
A
summary
of
progress
made
toward
the
performance
goals
1
under
the
plan,
and
an
explanation
of
why
performance
goals
2
were
not
met,
if
applicable.
3
(16)
An
evaluation
of
the
effectiveness
of
education
and
4
outreach
activities.
5
(17)
If
a
battery
stewardship
organization
has
disposed
6
of
covered
batteries
through
energy
recovery,
incineration,
7
or
landfilling
during
the
preceding
calendar
year
of
plan
8
implementation,
the
steps
that
the
battery
stewardship
9
organization
will
take
to
make
the
recycling
of
covered
10
batteries
cost-effective,
when
possible,
or
to
otherwise
11
increase
battery
recycling
efficiency
rates
achieved
by
the
12
battery
stewardship
organization.
13
b.
After
five
years
of
implementation
of
an
approved
14
battery
stewardship
plan,
a
battery
stewardship
organization
15
or
a
producer
member
of
such
organization
shall
hire
an
16
independent
third
party
to
conduct
a
one-time
audit
of
the
17
plan
and
associated
operations.
The
auditor
shall
examine
the
18
effectiveness
of
the
battery
stewardship
plan
in
collecting
and
19
recycling
covered
batteries.
The
auditor
shall
also
examine
20
the
cost-effectiveness
of
the
plan
and
compare
it
to
the
21
cost-effectiveness
of
collection
plans
and
programs
for
covered
22
batteries
in
other
jurisdictions.
A
copy
of
such
audit
shall
23
be
submitted
to
the
department.
24
8.
Department
duties.
25
a.
Within
one
hundred
twenty
days
after
receiving
a
proposed
26
plan
or
proposed
amendment
under
subsection
3,
paragraph
“a”
27
or
“d”
,
including
any
time
required
for
public
comment
under
28
paragraph
“b”
of
this
subsection,
the
department
shall
approve,
29
conditionally
approve,
or
deny
the
plan
or
amendment.
If
the
30
department
denies
the
plan
or
amendment,
the
department
shall
31
notify
the
battery
stewardship
organization
of
the
denial
in
32
writing
and
explain
how
the
proposed
plan
or
amendment
does
33
not
comply
with
this
section;
the
producer
shall
submit
a
34
revised
plan
or
amendment
or
notice
of
plan
withdrawal
within
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sixty
days
of
the
denial;
and
the
department
shall
approve
1
or
deny
the
revised
plan
or
amendment
within
ninety
days
of
2
resubmittal.
3
b.
The
department
shall
publish
a
notice
in
accordance
with
4
chapter
618,
on
its
internet
site,
and
shall
provide
notice,
5
upon
request,
to
interested
persons,
announcing
the
opportunity
6
for
written
public
comment
on
any
proposed
plan
or
amendment
7
under
subsection
3,
paragraph
“a”
or
“d”
.
The
department
shall
8
receive
public
comments
on
the
proposed
plan
or
amendment
for
a
9
thirty-day
period
beginning
on
the
date
the
department
gives
10
notice.
11
c.
The
department
shall
review
annual
reports
submitted
12
under
subsection
7
within
ninety
days
after
submission.
13
d.
The
department
shall
provide
technical
assistance
to
14
producers
and
retailers
related
to
the
requirements
under
this
15
section.
16
e.
Subject
to
paragraph
“f”
,
the
department
shall
maintain
17
on
its
internet
site
all
of
the
following:
18
(1)
A
copy
of
all
approved
battery
stewardship
plans
and
any
19
amendments
to
such
plans.
20
(2)
The
names
of
producers
with
approved
plans.
21
(3)
A
list
of
brands
of
covered
batteries
covered
under
an
22
approved
plan.
23
(4)
A
list
of
approved
collection
sites.
24
(5)
Annual
reports
submitted
to
the
department
under
25
subsection
7.
26
f.
Proprietary
information
submitted
to
the
department
under
27
this
section
is
confidential
pursuant
to
section
22.7
and
shall
28
not
be
open
to
public
inspection
and
copying.
29
g.
The
department
may
adopt
rules
to
implement
and
30
administer
this
section.
31
9.
Antitrust
and
unfair
trade
practices.
A
producer,
32
retailer,
or
battery
stewardship
organization
is
not
liable
for
33
any
claim
of
a
violation
of
antitrust
laws
or
laws
relating
34
to
fraudulent,
deceptive,
or
unfair
methods
of
competition
or
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trade
practices
arising
from
conduct
that
complies
with
an
1
approved
plan
under
this
section.
2
10.
Independent
battery
collection.
3
a.
Nothing
in
this
section
prevents
or
prohibits
a
4
person
from
offering
or
performing
a
fee-based
household
5
collection
program
or
a
mail-back
program
for
covered
batteries
6
independently
of
a
plan
under
this
section,
if
all
of
the
7
following
apply:
8
(1)
The
services
are
performed,
and
any
facilities
are
9
operated
in
compliance
with,
all
applicable
federal,
state,
and
10
local
laws
and
requirements.
11
(2)
All
batteries
collected
by
the
person
from
customers
in
12
this
state
are
provided
to
a
battery
stewardship
organization
13
implementing
a
plan
approved
under
this
section.
14
(3)
After
providing
collected
batteries
to
a
battery
15
stewardship
organization,
any
transport
and
processing
of
such
16
batteries
by
the
battery
stewardship
organization
is
done
at
17
the
battery
stewardship
organization’s
expense.
18
11.
Individual
battery
disposal.
19
a.
On
and
after
January
1,
2028,
all
of
the
following
apply:
20
(1)
A
person
may
dispose
of
a
covered
battery
only
by
21
delivery
to
a
collection
site
or
collection
event
operated
22
under
a
plan
approved
under
this
section,
unless
the
battery
is
23
separately
managed
as
hazardous
waste.
24
(2)
A
person
shall
not
knowingly
cause
or
allow
the
mixing
25
of
a
covered
battery
with
recyclable
materials
that
are
26
intended
for
processing
and
sorting
at
a
material
recovery
27
facility.
28
(3)
A
person
shall
not
knowingly
cause
or
allow
the
mixing
29
of
a
covered
battery
with
municipal
waste
that
is
intended
for
30
disposal
at
a
solid
waste
disposal
site.
31
(4)
A
person
shall
not
knowingly
cause
or
allow
the
disposal
32
of
a
covered
battery
in
a
landfill.
33
(5)
A
person
shall
not
knowingly
cause
or
allow
the
mixing
34
of
a
covered
battery
with
waste
that
is
intended
for
burning
or
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incineration.
1
(6)
A
person
shall
not
knowingly
cause
or
allow
the
burning
2
or
incineration
of
a
covered
battery.
3
b.
An
owner
or
operator
of
a
solid
waste
facility
shall
4
not
be
found
in
violation
of
this
section
if
the
facility
has
5
posted
in
a
conspicuous
location
a
sign
stating
that
covered
6
batteries
must
be
managed
through
collection
sites
established
7
by
a
battery
stewardship
organization
and
are
not
accepted
for
8
disposal.
9
c.
A
solid
waste
collector
shall
not
be
found
in
violation
10
of
this
section
for
a
covered
battery
placed
in
a
disposal
11
container
by
a
third
party.
12
12.
Private
right
of
action.
A
battery
stewardship
13
organization
that
is
implementing
a
plan
approved
under
this
14
section
may
bring
any
of
the
following
civil
actions:
15
a.
An
action
against
one
or
more
producers
that
sell
or
16
offer
for
sale
batteries
or
battery-containing
products
in
this
17
state
without
an
approved
plan
in
violation
of
this
section,
to
18
recover
costs,
damages,
and
fees,
if
the
organization
bringing
19
the
action
has
incurred
costs
of
more
than
one
thousand
dollars
20
to
collect,
transport,
and
recycle
or
otherwise
dispose
of
21
covered
batteries
or
battery-containing
products
produced
by
22
the
producer
operating
without
an
approved
plan.
23
b.
An
action
against
the
producer
of
a
covered
battery
that
24
has
been
recalled,
to
recover
costs
associated
with
handling
25
the
recalled
battery.
26
c.
An
action
against
another
battery
stewardship
27
organization
that
is
operating
under
an
approved
plan,
to
28
recover
costs,
including
attorney
fees,
incurred
as
a
result
29
of
that
organization
failing
to
meet
its
obligations
under
its
30
approved
plan.
31
13.
Penalties.
32
a.
Any
person
that
violates
a
provision
of
this
section,
33
other
than
subsection
11,
may
be
required
to
forfeit
not
more
34
than
ten
thousand
dollars
for
each
violation,
except
that
any
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person
that
fails
to
pay
any
fee
under
this
section
shall
1
instead
be
liable
for
a
civil
penalty
that
is
double
the
amount
2
of
the
applicable
fee.
3
b.
A
person
who
knowingly
makes
a
false
material
statement
4
to
the
department
related
to
or
required
under
this
section
is
5
guilty
of
a
class
“D”
felony.
6
c.
The
attorney
general
or
the
county
attorney
of
any
county
7
in
which
a
violation
of
this
section
occurs
may,
in
addition
to
8
any
other
penalty,
bring
an
action
to
enjoin
any
person
from
9
violating
a
provision
of
this
section,
other
than
subsection
10
11.
11
Sec.
3.
Section
455E.11,
subsection
2,
Code
2025,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
e.
A
battery
stewardship
account.
14
(1)
The
account
shall
consist
of
moneys
appropriated
to,
15
transferred
to,
or
deposited
in
the
account,
including
fees
16
collected
pursuant
to
section
455D.10A.
Moneys
in
the
account
17
shall
be
expended
to
fulfill
the
department’s
duties
under
18
section
455.10A,
subsection
8.
19
(2)
The
department
shall
submit
to
the
general
assembly,
20
annually
on
or
before
January
1,
a
report
that
demonstrates
how
21
funds
are
being
utilized
to
comply
with
the
department’s
duties
22
described
in
section
455D.10A,
subsection
8,
and
an
itemization
23
of
any
other
expenditures
made
within
the
previous
fiscal
year.
24
Sec.
4.
REPEAL.
Section
455D.10B,
Code
2025,
is
repealed.
25
Sec.
5.
ASSESSMENT
OF
BATTERY-CONTAINING
PRODUCTS.
26
1.
The
department
of
natural
resources
shall
review
and
27
evaluate
studies
and
assessments
conducted
by
executive
branch
28
agencies
in
the
states
of
Illinois,
Vermont,
and
Washington
29
regarding
whether
products
or
batteries
that
are
not
subject
30
to
the
provisions
of
section
455D.10A,
as
amended
by
this
Act,
31
should
be
covered
at
a
later
date.
The
department
may
review
32
similar
studies
or
assessments
conducted
by
executive
branch
33
agencies
in
any
other
state
or
by
any
other
person.
34
2.
No
later
than
May
30,
2028,
the
department
of
natural
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resources
shall
submit
a
report
to
the
general
assembly.
1
The
report
shall
include
the
findings
and
recommendations
2
of
any
study
or
assessment
reviewed
by
the
department
under
3
this
section.
The
report
may
include
recommendations
for
4
legislation
based
on
the
department’s
evaluation
of
the
studies
5
and
review
of
assessments.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
provides
for
the
implementation
of
battery
10
stewardship
plans
and
strikes
current
Code
sections
relating
to
11
household
battery
recycling
requirements
and
batteries
used
in
12
rechargeable
consumer
products.
13
The
bill
defines
a
“battery
stewardship
organization”
14
(organization)
as
a
producer
that
directly
implements
a
battery
15
stewardship
plan
(plan)
approved
by
the
department
of
natural
16
resources
(DNR)
under
the
bill
or
a
nonprofit
organization
17
designated
by
a
producer
or
group
of
producers
to
implement
18
such
a
plan.
The
bill
defines
“covered
battery”
as
a
portable
19
or
medium
format
battery,
with
certain
exceptions.
20
The
bill
prohibits
any
producer
or
retailer
from
selling,
21
offering
for
sale,
or
distributing
any
covered
batteries
or
22
battery-containing
product
in
the
state
or
into
the
state
on
23
and
after
January
1,
2028,
unless
the
producer
is
operating
24
under
a
plan
approved
by
DNR
pursuant
to
the
bill
and
is
25
marked
with
identification
of
the
producer,
with
certain
26
exceptions.
On
and
after
January
1,
2029,
the
batteries
or
27
battery-containing
products
must
also
be
marked
to
ensure
28
proper
collection
and
recycling.
29
The
bill
prohibits
producers,
retailers,
and
battery
30
stewardship
organizations
from
charging
a
point-of-sale
fee
to
31
consumers
to
cover
the
cost
of
implementing
a
plan
approved
32
pursuant
to
the
bill.
33
The
bill
requires
producers
to
submit
a
battery
stewardship
34
plan
to
DNR.
The
plan
shall
have
a
term
of
no
more
than
five
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years
and
must
include
contact
information;
brands
of
covered
1
batteries
the
producer
sells;
performance
goals;
processes
and
2
goals
for
retailer
and
consumer
awareness;
collection
site
3
safety
training;
funding
methods;
provisions
for
collecting
4
covered
batteries
at
no
cost;
addresses
of
collection
sites
5
that
will
accept
covered
batteries
and
the
criteria
used
to
6
determine
the
sites;
names
of
proposed
service
providers
to
be
7
used
for
the
final
disposition
of
batteries;
provisions
for
8
recordkeeping,
tracking,
and
the
management
and
disposition
of
9
covered
batteries;
and
explanations
for
any
anticipated
delays
10
in
managing
medium
format
batteries.
11
The
bill
requires
a
battery
stewardship
organization
to
pay
12
a
fee
of
$100,000
to
DNR
upon
approval
of
a
plan
or
on
January
13
1,
2027,
whichever
is
later.
The
fees
will
be
deposited
into
a
14
battery
stewardship
account
in
the
groundwater
protection
fund
15
and
will
be
used
to
fulfill
DNR’s
duties
under
the
bill.
The
16
bill
requires
a
fee
adjustment
by
the
general
assembly
every
17
five
years.
18
The
bill
requires
each
organization
to
submit
a
new
plan
19
every
five
years.
If
the
performance
goals
under
the
previous
20
plan
were
not
met,
the
bill
requires
the
new
plan
to
include
21
corrective
measures
to
meet
the
goals.
Additionally,
an
22
organization
must
provide
plan
amendments
to
DNR
when
proposing
23
material
changes
to
an
already
approved
plan.
24
The
bill
requires
an
organization
to
notify
DNR
within
30
25
days
of
a
producer
beginning
or
ceasing
participation
in
the
26
organization
or
adding
or
removing
a
processer
or
transporter.
27
The
bill
allows
DNR
to
approve
plans
from
multiple
28
organizations
and
plans
that
equitably
share
costs
among
other
29
organizations.
30
The
bill
requires
an
organization
to
be
responsible
for
all
31
costs
associated
with
implementing
the
plan,
reimburse
local
32
governments
for
costs
incurred
from
serving
as
a
collection
33
site,
collect
charges
from
producers
sufficient
to
cover
the
34
costs
of
implementation
of
the
plan,
provide
for
the
collection
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of
all
covered
batteries
for
any
person,
provide
collection
1
sites,
ensure
medium
format
batteries
are
collected
correctly,
2
provide
for
the
collection
of
damaged
and
defective
batteries,
3
ensure
statewide
collection
opportunities
for
all
covered
4
batteries,
and
coordinate
with
others
to
provide
efficient
5
delivery
of
service.
6
The
bill
requires
an
organization
to
provide
permanent
7
collection
for
portable
and
medium
format
batteries
at
all
8
collection
centers
that
meet
the
requirements
of
the
plan
9
by
December
1,
2028,
with
certain
exceptions.
For
portable
10
batteries,
the
bill
requires
at
least
one
permanent
collection
11
site
within
a
15-mile
radius
for
at
least
95
percent
of
12
residents.
For
medium
format
batteries,
the
bill
requires
at
13
least
10
reasonably
dispersed
permanent
collection
sites
in
the
14
state
and
a
collection
event
at
least
once
every
three
years
in
15
each
county
that
does
not
have
a
permanent
collection
site.
16
The
bill
authorizes
an
organization
to
issue
a
warning,
17
suspend,
or
terminate
a
collection
site
that
does
not
comply
18
with
the
criteria
under
an
approved
plan
or
that
poses
an
19
immediate
concern
to
health
and
safety.
20
The
bill
provides
that
organizations
are
not
required
to
21
provide
for
the
collection
of
battery-containing
products
or
22
covered
batteries
that
remain
contained
in
battery-containing
23
products.
The
bill
requires
an
organization
to
collect
24
recalled
batteries,
but
the
organization
may
seek
reimbursement
25
from
the
producer
of
the
recalled
batteries
for
costs
incurred.
26
The
bill
requires
an
organization
to
promote
the
27
implementation
of
the
organization’s
plan
through
specific
28
methods
provided
in
the
bill,
including
marketing
and
education
29
of
the
plan.
30
The
bill
requires
each
organization
to
submit
a
report
to
31
DNR
by
June
1,
2029,
and
each
June
1
thereafter,
that
contains
32
detailed
information
about
the
organization’s
approved
plan.
33
The
bill
requires
an
organization
to
hire
a
third
party
to
34
conduct
an
audit
of
a
plan
and
associated
operations
five
years
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after
implementation
of
the
plan
to
examine
the
effectiveness
1
and
cost-effectiveness
of
the
plan.
The
result
of
the
audit
2
will
be
submitted
to
DNR.
3
The
bill
provides
procedures
DNR
must
follow
after
receiving
4
approved
plans,
including
timelines
for
approval
or
denial,
5
public
notice
requirements,
and
public
comment
requirements.
6
The
bill
requires
DNR
to
review
the
annual
reports
submitted
7
within
90
days
of
submission.
8
The
bill
requires
DNR
to
provide
technical
assistance
to
9
producers
and
retailers
related
to
the
requirements
of
the
10
bill.
11
The
bill
requires
DNR
to
maintain
on
its
internet
site
a
copy
12
of
all
approved
plans
and
amendments,
names
of
the
producers
13
with
approved
plans,
a
list
of
brands
of
covered
batteries
14
covered
under
a
plan,
a
list
of
approved
collection
sites,
15
and
annual
reports
submitted
to
DNR.
The
bill
provides
that
16
proprietary
information
submitted
to
DNR
shall
not
be
available
17
to
the
public.
18
The
bill
authorizes
DNR
to
adopt
rules
to
implement
and
19
administer
the
bill.
20
The
bill
provides
that
a
producer,
retailer,
or
organization
21
is
not
liable
for
any
claim
of
a
violation
of
antitrust
laws
22
or
laws
relating
to
fraudulent,
deceptive,
or
unfair
methods
23
of
competition
or
trade
practices
arising
from
conduct
that
24
complies
with
an
approved
plan
under
the
bill.
25
The
bill
expounds
that
nothing
in
the
bill
prevents
or
26
prohibits
a
person
from
offering
or
performing
a
fee-based
27
household
collection
program
or
a
mail-back
program
for
covered
28
batteries
independently
of
a
plan
under
the
bill
if
the
program
29
complies
with
all
applicable
federal,
state,
and
local
laws
30
and
requirements,
the
batteries
collected
are
provided
to
an
31
organization
implementing
an
approved
plan,
and
that
after
32
providing
collected
batteries
to
an
organization,
any
transport
33
and
processing
of
such
batteries
is
done
at
the
organization’s
34
expense.
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The
bill
provides
that,
beginning
on
January
1,
2028,
a
1
person
may
dispose
of
a
covered
battery
only
by
delivery
to
a
2
collection
site
or
collection
event
operated
under
an
approved
3
plan,
unless
the
battery
is
separately
managed
as
hazardous
4
waste.
5
The
bill
prohibits
a
person
from
knowingly
causing
or
6
allowing
the
mixing
of
a
covered
battery
with
recyclable
7
materials
that
are
intended
for
processing
and
sorting
at
a
8
material
recovery
facility,
the
mixing
of
a
covered
battery
9
with
municipal
waste
that
is
intended
for
disposal
at
a
solid
10
waste
disposal
site,
the
disposal
of
a
covered
battery
in
a
11
landfill,
the
mixing
of
a
covered
battery
with
waste
that
12
is
intended
for
burning
or
incineration,
or
the
burning
or
13
incineration
of
a
covered
battery.
14
The
bill
provides
that
an
owner
or
operator
of
a
solid
waste
15
facility
shall
not
be
found
in
violation
of
the
bill
if
the
16
facility
has
posted
in
a
conspicuous
location
a
sign
stating
17
that
covered
batteries
must
be
managed
through
collection
18
sites
established
by
an
organization
and
are
not
accepted
19
for
disposal.
A
solid
waste
collector
shall
not
be
found
20
in
violation
of
the
bill
for
a
covered
battery
placed
in
a
21
disposal
container
by
a
third
party.
22
The
bill
allows
an
organization
implementing
an
approved
23
plan
to
bring
civil
actions
against
producers
or
other
24
organizations
to
recover
costs,
damages
and
fees
incurred
due
25
to
violations
of
the
bill,
battery
recalls,
or
failures
to
meet
26
obligations
under
an
approved
plan.
27
The
bill
provides
that
a
violation
of
the
bill,
other
than
28
the
provisions
concerning
individual
battery
disposal,
is
29
punishable
by
a
fine
of
not
more
$10,000
for
each
violation.
30
If
a
fee
is
not
paid,
the
person
shall
be
liable
for
a
civil
31
penalty
that
is
twice
the
amount
of
the
applicable
fee.
32
The
bill
provides
that
a
person
who
knowingly
makes
a
false
33
material
statement
to
DNR
related
to
or
required
under
the
34
bill
is
guilty
of
a
class
“D”
felony.
A
class
“D”
felony
is
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punishable
by
confinement
for
no
more
than
five
years
and
a
1
fine
of
at
least
$1,025
but
not
more
than
$10,245.
2
In
addition
to
any
other
penalty,
the
bill
authorizes
the
3
attorney
general
or
the
county
attorney
of
any
county
in
which
4
a
violation
of
the
bill
occurs
to
bring
an
action
to
enjoin
5
any
person
from
violating
the
bill,
other
than
the
provisions
6
concerning
individual
battery
disposal.
7
The
bill
creates
a
battery
stewardship
account
in
the
8
groundwater
protection
fund
that
will
consist
of
moneys
9
appropriated
to,
transferred
to,
or
deposited
in
the
account,
10
including
fees
collected
pursuant
to
the
bill.
Moneys
in
the
11
account
shall
be
expended
to
fulfill
DNR’s
duties
under
the
12
bill.
13
The
bill
requires
DNR
to
submit
to
the
general
assembly,
14
annually
on
or
before
January
1,
a
report
that
demonstrates
how
15
funds
are
being
utilized
to
comply
with
DNR’s
duties
described
16
in
the
bill
and
an
itemization
of
any
other
expenditures
made
17
within
the
previous
fiscal
year.
18
The
bill
directs
DNR
to
review
and
evaluate
studies
and
19
assessments
conducted
by
executive
branch
agencies
in
the
20
states
of
Illinois,
Vermont,
and
Washington
regarding
whether
21
products
or
batteries
that
are
not
covered
by
the
bill
should
22
be
covered
at
a
later
date.
DNR
may
also
review
similar
23
studies
or
assessments
conducted
by
executive
branch
agencies
24
in
any
other
state
or
by
any
other
person.
25
The
bill
requires
DNR
to
submit
a
report
to
the
general
26
assembly
no
later
than
May
30,
2028,
that
includes
the
findings
27
and
recommendations
of
any
study
or
assessment
reviewed
by
DNR.
28
The
report
may
include
recommendations
for
legislation
based
on
29
DNR’s
evaluation
of
the
studies
and
review
of
assessments.
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