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HOUSE BILL NO. 6160
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading of part 171 and sections 17101, 17104,
17105b, and 17107 (MCL 324.17101, 324.17104, 324.17105b, and
324.17107), sections 17101 and 17107 as amended and section 17105b
as added by 1995 PA 124, by designating sections 17101 to 17109 as
subpart 1 of part 171, and by adding subpart 2 to part 171; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 171 1
July 03, 2026, Introduced by Reps. Martin, Mentzer, T. Carter, Neyer, Kunse, B. Carter, McFall,
Young, Aragona and VanderWall and referred to Committee on Natural Resources and
Tourism.
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BATTERIES 1
SUBPART 1 2
BATTERY DISPOSAL 3
Sec. 17101. As used in this part:subpart: 4
(a) "Alkaline manganese battery" means a dry cell battery 5
containing manganese dioxide and zinc electrodes and an alkaline 6
electrolyte. 7
(b) "Distributor" means a person who that sells batteries to 8
retailers in this state. 9
(c) "Lead acid battery" means a storage battery, that is used 10
to start an internal combustion engine or as the principal 11
electrical power source for a vehicle, in which the electrodes are 12
grids of lead containing lead oxides that change in composition 13
during charging and discharging, and the electrolyte is dilute 14
sulfuric acid. 15
(d) "Manufacturer" means a person who that produces batteries 16
for sale in this state. 17
(e) "Mercuric oxide battery" means a dry cell battery that 18
delivers an essentially constant output voltage throughout its 19
useful life by means of a chemical reaction between zinc and 20
mercuric oxide. 21
(f) "Nickel cadmium battery" means a sealed storage battery 22
that has a nickel anode, a cadmium cathode, and an alkaline 23
electrolyte, that is widely used in cordless appliances. 24
(f) (g) "Retailer" means a person who that sells or offers to 25
sell batteries to consumers within this state. 26
(h) "Solid waste disposal area" means a disposal area as 27
defined in part 115. 28
(g) (i) "Zinc carbon battery" means a dry cell battery 29
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containing manganese dioxide and zinc electrodes and an electrolyte 1
consisting of ammonium chloride or a zinc chloride solution, or 2
both. 3
Sec. 17104. (1) The department shall produce, print, and make 4
available to retailers notices required by section 17103. 5
(2) A retailer who fails to post a notice required by this 6
part subpart following warning by the department is subject to a 7
civil fine of $25.00 per day of violation. 8
(3) A default in the payment of a civil fine ordered under 9
this part subpart may be remedied by any means authorized under the 10
revised judicature act of 1961, Act No. 236 of the Public Acts of 11
1961, being sections 600.101 to 600.9947 of the Michigan Compiled 12
Laws.1961 PA 236, MCL 600.101 to 600.9947. 13
Sec. 17105b. (1) Beginning on January 1, 1996, a A person 14
shall not sell, offer for sale, or offer for promotional purposes a 15
button cell mercuric oxide battery for use in this state. 16
(2) Beginning on January 1, 1996, a person shall not sell, 17
offer for sale, or offer for promotional purposes a mercuric oxide 18
battery for use in this state unless the manufacturer does all of 19
the following: 20
(a) Identifies a collection site that has all required 21
government approvals, to which a person may send used mercuric 22
oxide batteries for recycling or proper disposal after mercury is 23
recovered from the battery. 24
(b) Informs each of its purchasers of mercuric oxide batteries 25
of the collection site identified under subdivision (a). 26
(c) Informs each of its purchasers of mercuric oxide batteries 27
of a telephone number that the purchaser may call to get 28
information about returning mercuric oxide batteries for recycling 29
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or proper disposal. 1
(3) Subsection (2) does not apply to mercuric oxide button 2
cell batteries. 3
Sec. 17107. (1) The department shall enforce this 4
part.subpart. 5
(2) A person other than a retailer, distributor, or 6
manufacturer who that knowingly disposes of lead acid batteries or 7
mercuric oxide batteries in violation of this part subpart is 8
guilty of a misdemeanor punishable by a fine of not more than 9
$25.00, $100.00 plus the costs of prosecution. Each battery that is 10
unlawfully disposed of is represents a separate violation. 11
(3) Except as otherwise provided in this part, subpart, a 12
retailer, manufacturer, or distributor who that violates this part 13
subpart is guilty of a misdemeanor punishable by imprisonment for 14
not more than 60 days or a fine of not more than $1,000.00, or 15
both, plus the costs of prosecution. 16
SUBPART 2 17
BATTERY STEWARDSHIP 18
Sec. 17123. (1) Beginning January 1, 2028, a producer shall 19
not dispose of a covered battery or battery from a battery-20
containing product except through a stewardship program or other 21
method approved by the department. 22
(2) Beginning January 1, 2029, a person shall not knowingly 23
dispose of a covered battery or battery from a battery-containing 24
product except through a stewardship program or other method 25
approved by the department. 26
Sec. 17125. (1) Beginning July 1, 2028, a manufacturer, 27
distributor, wholesaler, or retailer shall not sell, offer for 28
sale, distribute for sale, or offer for promotional purposes a 29
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covered battery or battery-containing product unless the producer 1
is an independent producer that has an approved stewardship plan or 2
is a member of a stewardship organization that has an approved 3
stewardship plan. 4
(2) Notwithstanding subsection (1), a manufacturer, 5
distributor, wholesaler, or retailer may continue to sell, offer 6
for sale, distribute for sale, or offer for promotional purposes a 7
covered battery or battery-containing product if the battery or 8
battery-containing product was manufactured before July 1, 2028 and 9
meets 1 of the following requirements: 10
(a) For a battery, by October 1, 2028, the battery is sold and 11
the entity sells or otherwise divests or disposes of the entity's 12
remaining stock of batteries. 13
(b) For a battery-containing product, by October 1, 2029, the 14
battery-containing product is sold and the entity sells or 15
otherwise divests or disposes of the entity's remaining stock of 16
battery-containing products. 17
Sec. 17127. (1) Not later than 180 days after the effective 18
date of the amendatory act that added this section, each 19
stewardship organization or independent producer shall submit to 20
the department an application for approval of a proposed 21
stewardship plan. The application must be in a format specified by 22
the department and include a copy of the stewardship plan. 23
(2) For 30 days after the date the department receives an 24
application under subsection (1), the department shall post the 25
proposed stewardship plan on the department's publicly accessible 26
website and provide an opportunity for public review and comment. 27
(3) Not later than 120 days after the receipt of an 28
application under subsection (1), the department shall approve or 29
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reject the proposed stewardship plan and notify the applicant in 1
writing. The department shall approve the proposed stewardship plan 2
if the proposed stewardship plan complies with the requirements of 3
this subpart. 4
(4) If the department rejects a proposed stewardship plan, the 5
notice under subsection (3) must include the specific reasons for 6
the rejection. 7
(5) Not later than 45 days after receiving a notice of 8
rejection under subsection (3), the applicant shall resubmit an 9
application with a modified proposed stewardship plan. Not later 10
than 45 days after receipt of the resubmitted application, the 11
department shall do both of the following: 12
(a) Approve the modified proposed stewardship plan or revise 13
the modified proposed stewardship plan to meet the requirements of 14
this subpart and approve the modified proposed stewardship plan as 15
revised. 16
(b) Notify the applicant in writing of the department's action 17
under subdivision (a). If the department revises the modified 18
proposed stewardship plan, the notice must include the specific 19
reasons for the revision. 20
(6) A stewardship organization or independent producer shall 21
implement its stewardship program no later than 180 days after the 22
department approves the stewardship plan. 23
(7) A stewardship plan must be amended using the same 24
procedure as provided for the adoption of the original stewardship 25
plan. 26
Sec. 17129. (1) A stewardship plan must include all of the 27
following: 28
(a) The name of and contact information for all of the 29
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following: 1
(i) Each producer covered by the stewardship plan. 2
(ii) The stewardship organization, if there is more than 1 3
producer covered by the stewardship plan. 4
(b) The brands of batteries and battery-containing products 5
covered by the stewardship plan. 6
(c) A description of how the stewardship program's performance 7
is assessed, including the use of the performance goals under 8
section 17135. 9
(d) A description of how the stewardship organization or 10
independent producer shall provide for the convenient collection of 11
batteries from consumers as required by the convenience standard 12
provided for in this subpart. 13
(e) A list of all key participants in the stewardship program, 14
including all of the following: 15
(i) The name and address of, and other contact information for, 16
each collection site accepting batteries under the plan. 17
(ii) The name and address of, and other contact information 18
for, each transporter or contractor collecting batteries from a 19
collection site. 20
(iii) The name and address of, and other contact information 21
for, the processing and recycling facilities engaged in end-of-life 22
management of the collected batteries. 23
(f) A description of the education and outreach required by 24
this subpart. 25
(g) Other information as required by this subpart. 26
(h) Relevant information required by the department by rule. 27
(2) A stewardship plan must have a term not to exceed 4 years, 28
subject to the independent producer or stewardship organization 29
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remaining in compliance with the requirements of this subpart and 1
the terms of the stewardship plan. 2
Sec. 17131. (1) A stewardship plan must provide for battery 3
collection that meets all of the following requirements: 4
(a) Is without cost to consumers, retailers, local 5
governments, or this state. 6
(b) Is regular, convenient, and accessible. 7
(c) Is statewide. This subdivision does not apply to an 8
independent producer that is a retailer with retail locations in 9
this state and collects batteries at all the locations on a 10
continuous basis. 11
(2) Subject to section 17135, a stewardship plan must provide 12
for not less than 2 collection sites per county and 1 collection 13
site per 10,000 people in a county, with a reasonable geographic 14
distribution of collection sites, considering accessibility to 15
public transit. The stewardship plan must explain the geographic 16
distribution described under this subsection. 17
(3) The stewardship organization shall ensure the availability 18
of at least 1 collection site per county that accepts all batteries 19
and 1 additional per 100,000 people in this state. 20
(4) A retailer may collect batteries if the batteries the 21
retailer collects are similar in shape, size, and function to those 22
sold by the retailer. A retailer of covered batteries is not 23
required to make retail locations available to serve as collection 24
sites for a stewardship program operated by a stewardship 25
organization. A retailer that serves as a collection site may 26
participate in an approved stewardship plan and comply with the 27
requirements for collection sites, consistent with section 17129. 28
(5) A retailer that is not participating as a collection site 29
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under subsection (4) or section 17121(t)(iii) may participate, on a 1
voluntary basis, as a designated collection site under a 2
stewardship program. 3
(6) Any retailer participating as a collection site shall do 4
all of the following: 5
(a) Accept from consumers at any time during normal business 6
hours batteries of a similar size and shape as the retailer offers 7
for sale. 8
(b) Accept the greater of the following, as applicable: 9
(i) Up to 10 batteries per day from any person regardless of 10
whether the person purchases replacement batteries. 11
(ii) As many batteries as the consumer has purchased from the 12
retailer. 13
(7) If a retailer participates as a collection site under 14
subsection (4) or section 17121(t)(iii), a retailer that sells 15
batteries to consumers in this state by a means other than a retail 16
store, including, but not limited to, by catalog, mail, telephone, 17
or the internet, shall provide to the consumer, at the time of 18
purchase or delivery, notice of an opportunity to return used 19
batteries for reuse or recycling at no cost to the consumer. 20
(8) The operator of a battery collection site designated under 21
a stewardship plan shall do all of the following: 22
(a) Complete a safety tutorial on how to safely manage 23
batteries and review safety guidance that is provided by the 24
stewardship organization or independent producer. 25
(b) Prominently display at the collection site the 26
availability of drop-off for batteries. 27
(c) Staff and operate the collection site to ensure that 28
batteries are safely collected and handled. 29
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(9) The department shall provide guidance to collection sites 1
on safe storage and collection of batteries. 2
(10) A stewardship organization or independent producer is 3
responsible for the costs of all of the following: 4
(a) Providing battery collection containers to each collection 5
site designated under its stewardship program. The operator of a 6
collection site is not required to make available more than 1 7
battery collection container at the collection site. 8
(b) Ongoing safety training of collection site staff. 9
(c) Items necessary for safe collection, including, but not 10
limited to, both of the following: 11
(i) Materials to collect and manage batteries. 12
(ii) Scale-appropriate equipment to prevent battery fires or 13
thermal events in storage and transport, including, but not limited 14
to, containers and cushioning materials. 15
(11) A stewardship organization or independent producer shall 16
provide a collection container and a safety tutorial on how to 17
safely manage batteries to any business that requests a collection 18
container for collection of batteries generated solely by the 19
operations of that business. 20
(12) In consultation with the department and other relevant 21
parties, a stewardship organization or independent producer shall 22
develop strategies for collecting batteries in areas that face 23
special challenges regarding proper waste management, including, 24
but not limited to, poverty, language barriers, and illegal 25
dumping. 26
(13) A stewardship organization shall use existing public and 27
nonprofit waste collection services and facilities, and may use 28
private waste collection services and facilities, including, if 29
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cost-effective, mutually agreeable, and otherwise practicable, 1
collection sites established through other battery collection 2
programs, services, transporters, consolidators, processors, and 3
retailers. 4
(14) If a stewardship organization or independent producer 5
operates a collection site or facility that handles medium-format 6
batteries, the stewardship organization or independent producer 7
shall ensure the collection site or facility staff is trained in 8
accordance with federal law regarding the handling of medium-format 9
batteries. 10
Sec. 17132. (1) A battery recycler may operate a publicly 11
accessible fee-based battery collection program independently of a 12
stewardship organization at no cost to a consumer. A battery 13
recycler may operate not more than 10 publicly accessible non-fee-14
based collection sites. 15
(2) An entity that does not meet the definition of a battery 16
recycler but operates a battery collection program, including, but 17
not limited to, environmental services companies, recycling and 18
solid waste collectors, e-waste collectors, and scrap yards, may 19
collect or receive covered batteries if the entity has an agreement 20
with a stewardship organization or a battery recycler to collect or 21
receive covered batteries. 22
(3) A battery recycler collecting or receiving covered 23
batteries independent of a stewardship organization shall satisfy 24
all of the following: 25
(a) Register with the department on an annual basis regarding 26
the entity's intent to receive or collect batteries in accordance 27
with subsection (4). 28
(b) Offer collection site training to staff. 29
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(c) Accept all covered batteries. 1
(d) Receive no compensation from a stewardship organization 2
unless the entity has an agreement with the stewardship 3
organization. 4
(e) Before June 1, 2030 and each June 1 after, provide an 5
annual report to the department that includes all of the following 6
information: 7
(i) The addresses of all publicly accessible collection sites. 8
(ii) The weight of the covered batteries collected. 9
(iii) The recycling efficiency rate of covered batteries. 10
(iv) Description of how covered batteries are transported, 11
sorted, managed, and processed. 12
(f) A description of how covered batteries are transported to, 13
and sorted, managed, and processed by, a treatment, storage, and 14
disposal facility permitted under 42 USC 6925. 15
(4) The department shall create and maintain a registry of 16
battery recyclers collecting batteries under this section. 17
(5) A battery recycler registered with the department in 18
accordance with subsection (4) shall pay an annual fee of 19
$1,000.00. 20
(6) The department shall count the weight of covered batteries 21
collected by a battery recycler toward a stewardship organization's 22
total weight of batteries and report the total weight of batteries 23
to the stewardship organization not later than 1 month before the 24
stewardship organization is required to submit its annual report 25
under section 17143. 26
Sec. 17133. (1) A stewardship plan must require the 27
stewardship organization or independent producer to pay all costs 28
for end-of-life management of batteries, education and outreach, 29
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and administration. These activities must comply with all 1
applicable local, state, and federal laws. 2
(2) A stewardship plan must include an anticipated annual 3
budget for the stewardship program, itemized as costs for end-of-4
life management of batteries, education and outreach, and 5
administration, along with a description of the financing method 6
used to implement the stewardship plan. The budget must fund, at a 7
minimum, the staff responsible for implementing the stewardship 8
plan in this state and include funds for costs under subsection (6) 9
and fees under section 17147. 10
(3) A stewardship plan must contain provisions regarding the 11
management of damaged and defective batteries, including, but not 12
limited to, all of the following: 13
(a) Damaged and defective batteries must be collected at 14
collection sites staffed by individuals trained to handle and 15
process damaged and defective batteries. 16
(b) Each stewardship organization must equitably share the 17
cost of collecting damaged and defective batteries in each county 18
of this state, either through collection sites or collection 19
events. Collection events must be provided periodically throughout 20
the year, if practicable, and a minimum of once a year in each 21
county without a permanent collection site for the collection of 22
damaged and defective batteries. 23
(c) As used in this subsection, "damaged and defective 24
battery" means any of the following: 25
(i) A battery that has been damaged or is identified by the 26
manufacturer as being defective for safety reasons. 27
(ii) A battery that has the potential to produce a dangerous 28
evolution of heat or fire, or short circuit, as described in 49 CFR 29
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173.185(f). 1
(4) A stewardship organization or independent producer shall 2
establish a funding mechanism that will generate sufficient funds 3
to carry out its stewardship program, including the administrative, 4
operational, and capital costs of the stewardship program. The 5
funding mechanism must be structured with different rates that take 6
into account the financial burden that each particular type of 7
battery has on the stewardship program and the battery's 8
environmental and natural resource costs. 9
(5) The rates established under subsection (4) may be based on 10
weight of batteries sold, the market share of the producer, or 11
another unit of measurement. 12
(6) A stewardship organization or independent producer shall 13
reimburse local governments for actual, reasonable costs incurred 14
as a result of a local government facility serving as a collection 15
site under a stewardship plan. 16
(7) A stewardship organization or independent producer shall 17
not expend revenue from the stewardship program for either of the 18
following purposes: 19
(a) To pay a fine under section 17159. 20
(b) To pay costs associated with litigation between the 21
stewardship organization or an independent producer and this state. 22
Sec. 17135. (1) A stewardship plan must include annual 23
performance goals that are approved by the department as reasonable 24
based on the purposes of this subpart. 25
(2) Performance goals for each of the first 3 years of 26
implementation of the stewardship plan must be based on the 27
estimated total weight of batteries that have been sold or offered 28
for sale in this state in the previous 3 calendar years by a 29
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stewardship organization or independent producer. 1
(3) Every 2 years following approval of its stewardship plan, 2
a stewardship organization or independent producer shall update the 3
performance goals by amending the stewardship plan under section 4
17127. 5
(4) If a stewardship organization or independent producer does 6
not meet a performance goal, the stewardship organization or 7
independent producer shall amend the stewardship plan under section 8
17127 to provide for more outreach, additional education and 9
outreach materials, or improved collection accessibility as needed. 10
(5) A stewardship organization or independent producer shall 11
not reduce or cease collection, education and outreach, or other 12
activities implemented under its stewardship plan even if it has 13
achieved the performance goals. 14
(6) Two years and then 5 years after the implementation of a 15
stewardship plan, and every 5 years after, a stewardship 16
organization shall conduct a survey of public awareness of outreach 17
efforts and participation in programs administered under this 18
subpart. Stewardship organizations may conduct this survey jointly. 19
The results of the surveys conducted under this subsection must be 20
shared with the department. 21
Sec. 17137. (1) A stewardship plan must include a description 22
of the education and outreach that will be undertaken by the 23
stewardship organization or independent producer for the following 24
purposes: 25
(a) To inform consumers about the stewardship program, 26
including, at a minimum, all of the following: 27
(i) That there is a free collection program for batteries. 28
(ii) The location of the collection sites. 29
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(iii) How to access the stewardship program. 1
(b) To establish, train staff for, and monitor collection 2
sites. 3
(c) To encourage participation by collection sites and 4
consumers throughout this state on an ongoing basis. 5
(2) The education and outreach described under subsection (1) 6
must be suitable for this state's diverse ethnic populations and 7
employ translated and culturally appropriate materials. 8
(3) If multiple stewardship organizations or independent 9
producers are implementing stewardship plans, the stewardship 10
organizations or independent producers shall coordinate in 11
complying with this section. 12
Sec. 17139. (1) A stewardship organization or independent 13
producer shall do all of the following: 14
(a) Maintain a publicly accessible website that includes all 15
of the following: 16
(i) A copy of its stewardship plan. 17
(ii) The name of the producer or names of the producers covered 18
by each stewardship plan. 19
(iii) A list of brands covered by each stewardship plan. 20
(iv) A copy of all annual reports submitted under section 21
17143. 22
(b) Provide consumers, participating retailers, distributors, 23
government agencies, nonprofit organizations, and all collection 24
sites with education and outreach materials describing collection 25
opportunities for batteries under the stewardship plan. 26
(c) Provide collection sites designated under the stewardship 27
plan with identifying signs. 28
(2) If a retailer sells or offers for sale batteries, the 29
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stewardship organization of which the producer is a member or the 1
producer, if it is an independent producer, shall notify the 2
retailer of the stewardship program and provide the retailer with 3
information necessary to comply with this subpart. 4
(3) A retailer that sells a battery or battery-containing 5
product to a consumer in this state shall, at the time of sale, 6
provide the consumer with information received by the retailer from 7
the stewardship organization or independent producer under 8
subsection (1)(b). 9
(4) Beginning January 1, 2029, a producer or retailer may 10
sell, distribute, or offer for sale in this state a covered 11
battery, or battery-containing product that contains a battery that 12
is designed or intended to be easily removable from the product, 13
only if the battery is marked with all of the following: 14
(a) Identification of the producer of the battery. 15
(b) Identification of the chemistry of the battery. 16
(c) An indication that the battery should not be disposed of 17
as household waste. 18
(5) If a battery can fit entirely, in any orientation, into a 19
small parts cylinder as described in 16 CFR 1501.4, the markings 20
described in subsection (4)(a) and (c) may be placed on the 21
packaging of the battery or battery-containing product. 22
Sec. 17141. (1) A stewardship plan must ensure that transfer 23
and recycling occur in a manner that complies with applicable 24
federal, state, and local laws and regulations. 25
(2) The stewardship plan must address all of the following: 26
(a) How the stewardship organization or independent producer 27
ensures that responsible management is maintained up to and through 28
final disposition of the battery. 29
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(b) Arrangements the stewardship organization or independent 1
producer has made with processors to ensure that materials are 2
recycled. 3
(c) How the program will help this state achieve this state's 4
target recycling efficiency rate of not less than 60% for 5
rechargeable batteries and not less than 70% for primary batteries. 6
Sec. 17143. (1) Before June 1, 2030 and each June 1 after, a 7
stewardship organization or independent producer shall submit to 8
the department an annual report describing the activities carried 9
out under the stewardship plan during the previous calendar year. 10
The report must include, at a minimum, all of the following 11
information: 12
(a) Any update to the information under section 17129(1)(a) or 13
(b). 14
(b) The weight of batteries collected. The weight of batteries 15
must be counted only once and may not be counted by more than 1 16
stewardship organization or independent producer. The weight of 17
batteries must be itemized in accordance with all of the following: 18
(i) County or collection site. 19
(ii) Chemistry type and whether rechargeable or 20
nonrechargeable. 21
(c) A description of progress made toward the stewardship 22
organization or independent producer's performance goals, 23
including, but not limited to, all of the following: 24
(i) A summary of how program implementation compared to 25
performance goals. 26
(ii) An explanation of why performance goals were not met, if 27
applicable. 28
(iii) An evaluation of the effectiveness of methods and 29
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processes used to achieve the performance goals and how methods and 1
processes can be improved. 2
(d) A description of the collection sites that includes all of 3
the following information: 4
(i) The address and contact information, including website 5
links, for each collection site. 6
(ii) A map identifying the location of each collection site. 7
(iii) An assessment of collection convenience and accessibility. 8
(e) A description of the manner in which batteries were 9
collected, transported, sorted, consolidated, and otherwise 10
processed, including, but not limited to, all of the following: 11
(i) How the collected batteries were recycled, including the 12
weight and chemistry of material recycled. 13
(ii) What facilities processed the batteries, including a 14
summary of any violations of environmental laws and regulations 15
over the previous 3 years at each facility. 16
(iii) Recycling efficiency rates. 17
(f) A description of the education and outreach materials 18
disseminated under the stewardship plan and examples of those 19
materials. 20
(g) A description of any coordination between the stewardship 21
organization or independent producer and other stewardship 22
organizations or independent producers in undertaking education and 23
outreach under this subpart. 24
(h) An evaluation of the success of the education and outreach 25
efforts and ideas for improvement. 26
(i) A description of the effectiveness of strategies described 27
in section 17131(12). 28
(j) The costs of implementation of the stewardship plan, 29
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including the costs of end-of-life management of batteries, and 1
education and outreach efforts and an anticipated budget for the 2
next calendar year. 3
(2) A stewardship organization or independent producer shall 4
retain all records related to a stewardship program for not less 5
than 7 years and make the records available to the department for 6
inspection on request during normal business hours. 7
Sec. 17147. (1) The department shall charge a reasonable 8
annual administrative fee to stewardship organizations and 9
independent producers to cover the department's costs following the 10
submission of a stewardship plan. The department shall provide 11
notice to a stewardship organization or independent producer by 12
April 1 each year of the annual fee for the upcoming calendar year. 13
The department shall forward fees collected by the department under 14
this section to the state treasurer for deposit as provided in 15
subsection (3). 16
(2) The battery stewardship fund is established in the state 17
treasury. 18
(3) The state treasurer shall deposit into the fund money and 19
other assets received from fees under subsection (1) or from any 20
other source directed to the fund. The state treasurer shall 21
control the investment of money in the fund and credit interest and 22
earnings from the investments to the fund. 23
(4) The department is the administrator of the fund for audits 24
of the fund. 25
(5) The department shall expend money from the fund, on 26
appropriation, only to pay the costs of implementing this subpart. 27
Sec. 17149. Every year, the department shall prepare, post on 28
the department's publicly accessible website, and submit to the 29
21
WAM H02690'25 *_HB6160_INTR_1 8w9j4t
legislature a report on the implementation of this subpart. The 1
report must include all of the following: 2
(a) The weight of batteries collected under stewardship 3
programs. 4
(b) Recommendations for any amendments to this subpart. 5
Sec. 17151. A local unit of government that separately 6
collects batteries at multifamily dwellings shall ensure that 7
container placement is accessible to residents, including 8
individuals who use a wheelchair. 9
Sec. 17155. (1) Except as provided in subsections (2) and (3), 10
information obtained by the department under this subpart is a 11
public record subject to disclosure as provided in the freedom of 12
information act, 1976 PA 442, MCL 15.231 to 15.246. 13
(2) A person regulated under this subpart may designate a 14
record, application, other information, or a portion of a record, 15
application, or other information furnished to or obtained by the 16
department or the department's agents as being only for the 17
confidential use of the department. The total collective weight of 18
batteries collected under a stewardship plan may not be designated 19
as confidential. 20
(3) The department may release any information obtained under 21
this subpart, including a record, permit application, or other 22
information designated as confidential under subsection (2), to the 23
United States Environmental Protection Agency or other agency 24
authorized to receive information, including confidential 25
information, under 42 USC 6901 to 6922k. 26
(4) The department may publish information designated as 27
confidential under subsection (2) in a summary or aggregated form 28
that does not directly or indirectly identify stewardship 29
22
WAM H02690'25 *_HB6160_INTR_1 8w9j4t
organizations, producers, distributors, or retailers. 1
(5) The department may require that a stewardship organization 2
or battery recycler submit a version of a report required under 3
this subpart that does not contain trade secret information and is 4
available for public inspection and review. 5
Sec. 17157. (1) By January 1, 2029, a stewardship organization 6
shall complete an assessment of the opportunities and challenges 7
associated with the end-of-life management of portable and medium-8
format batteries that are not intended or designed to be easily 9
removed by a user and that are contained either in battery-10
containing products, that are not covered electronic devices 11
subject to part 173. A stewardship organization handling a battery-12
containing product is required to manage only the battery from the 13
product, not the product itself. 14
(2) The stewardship organization shall consult with the 15
department and interested stakeholders when completing the 16
assessment under subsection (1). The assessment must identify 17
adjustments to the stewardship program established under this act 18
that would maximize public health, safety, and environmental 19
benefit. 20
(3) The assessment under subsection (1) must consider all of 21
the following: 22
(a) Different battery-containing products. 23
(b) Current categories and methods by which uses of unwanted 24
battery-containing products are managed in this state, nearby 25
states, and other jurisdictions. 26
(c) Challenges posed by the potential collection, management, 27
and transport of battery-containing products, including, but not 28
limited to, challenges associated with removing embedded batteries. 29
23
WAM H02690'25 *_HB6160_INTR_1 8w9j4t
(d) Which criteria of this act may apply to battery-containing 1
products in a manner that is identical or analogous to the 2
requirements applicable to covered batteries. 3
Sec. 17159. (1) The department may request that the attorney 4
general bring an action in the name of the people of this state, or 5
a municipality or county may bring an action based on facts arising 6
within its boundaries, for any appropriate relief, including 7
injunctive relief, for a violation of this subpart. 8
(2) In addition to any other relief provided by this section, 9
the court may impose on a consumer that disposes of a battery in 10
violation of this subpart a civil fine of not more than $100.00. 11
(3) Except as provided in subsection (2), the court may impose 12
on a person that violates this subpart a civil fine as follows: 13
(a) Except as provided in subdivision (b), not more than 14
$10,000.00 for each day of violation. 15
(b) For a second or subsequent violation, not more than 16
$25,000.00 for each day of violation. 17
(4) Each day that a violation of this subpart continues or 18
exists represents a separate offense. The prosecutor of the county 19
in which a violation occurred or the attorney general may bring an 20
action to collect a civil fine under this section. A civil fine 21
collected must be deposited in the battery stewardship fund created 22
in section 17147. 23
Sec. 17161. (1) Stewardship organizations and independent 24
producers acting in compliance with this subpart may negotiate, 25
enter into agreements, share costs, and conduct business with each 26
other in compliance with this subpart in ways that may affect 27
competition. A stewardship organization or independent producer 28
must not be prosecuted, held liable, or subject to penalties or 29
24
WAM H02690'25 *_HB6160_INTR_1 8w9j4t
damages under the Michigan antitrust reform act, 1984 PA 274, MCL 1
445.771 to 445.788, for actions in compliance with this subpart, 2
including, but not limited to, the following: 3
(a) The creation, implementation, or management of a 4
stewardship organization or stewardship plan. 5
(b) The cost and structure of a stewardship program. 6
(c) The types or quantities of batteries recycled or otherwise 7
managed under this subpart. 8
(2) An action taken by a producer, a group of producers, or a 9
stewardship organization to increase the recycling of batteries in 10
compliance with this subpart that affects the types or quantities 11
of batteries recycled or the cost and structure of any stewardship 12
program is not a violation of the Michigan antitrust reform act, 13
1984 PA 274, MCL 445.771 to 445.788, if the action does not 14
constitute an agreement that restricts the geographic area in which 15
batteries are sold or the consumers to whom batteries are sold. 16
(3) An owner or operator of a solid waste or material 17
utilization facility may not be found in violation of this subpart 18
if the facility has posted in a conspicuous location a sign stating 19
that covered batteries must be managed through collection sites 20
established by a stewardship organization or independent producer 21
and are not accepted for disposal. 22
(4) A solid waste or recycling hauler may not be found in 23
violation of this subpart for a covered battery placed in a 24
disposal container by the generator of the covered battery. 25
(5) This subpart does not preempt a state law or local 26
ordinance that does any of the following: 27
(a) Requires the collection and recycling of recyclables in a 28
greater quantity than required under this subpart. 29
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WAM H02690'25 *_HB6160_INTR_1 8w9j4t
(b) Prohibits the sale or distribution of products that are 1
not prohibited under this subpart. 2
(c) In any other way exceeds the requirements of this subpart. 3
Enacting section 1. Section 17105c of the natural resources 4
and environmental protection act, 1994 PA 451, MCL 324.17105c, is 5
repealed. 6
Enacting section 2. This amendatory act does not take effect 7
unless Senate Bill No. ____ (request no. S06474'26) or House Bill 8
No. 6159 (request no. H06474'26) of the 103rd Legislature is 9
enacted into law. 10