Revises provisions of "Dry Cell Battery Management Act."

A1876

ASSEMBLY, No. 1876

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAMES J. KENNEDY

District 22 (Somerset and Union)

Assemblyman WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Co-Sponsored by:

Assemblyman Moen

SYNOPSIS

���� Revises provisions of "Dry Cell Battery
Management Act."

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the disposal of certain batteries and
battery-containing products, amending P.L.1991, c.521, and repealing sections 6
and 10 of P.L.1991, c.521.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 3 of P.L.1991,
c.521 (C.13:1E-99.61) is amended to read as follows:

���� 3.� As used in sections 1
through 23 of
[
this
act
]

P.L.1991,
c.521 (C.13:1E-99.59 through C.13:1E-99.81)
:

���� "Commissioner" means
the Commissioner of the Department of Environmental Protection;�

���� "Consumer mercuric oxide
battery" means any button or coin shaped mercuric oxide battery which is
purchased at retail by a consumer for personal or household use;

����
"Covered battery"
means a portable battery or medium format battery, whether embedded in a
product or sold separately, except that "covered battery" shall not
include:� (1) a battery contained within a medical device, as specified in 21
U.S.C. s.321(h), as it existed on the effective date of
P.L. , c. (C. )
(pending before the Legislature as this bill), which device is not designed and
marketed for sale or resale principally to consumers for personal use; (2) a
battery that contains an electrolyte as a free liquid; (3) a lead acid battery
weighing greater than 11 pounds; (4) a battery designed for use in a motor
vehicle, part of a motor vehicle, or a component part of a motor vehicle
assembled by, or for, a vehicle manufacturer or franchised dealer, including
replacement parts for use in a motor vehicle; or (5) a battery recalled by a
manufacturer for safety reasons in accordance with the provisions of paragraph
(3) of subsection c. of section 8 of P.L.1991, c.521 (C.13:1E-99.66);�

���� "Department" means
the Department of Environmental Protection;

���� "Distributor" means
a person who sells dry cell batteries at wholesale to retailers in this State,
including any manufacturer who engages in these sales, except that a
"distributor" shall not include any wholesaler or distributor owned
cooperatively by retailers;�

���� "Dry cell battery"
means any type of button, coin, cylindrical, rectangular or other shaped,
enclosed device or sealed container consisting of a combination of two or more
voltaic or galvanic cells, electrically connected to produce electric energy,
composed of lead, lithium, manganese, mercury, mercuric oxide, silver oxide,
cadmium, zinc, copper or other metals, or any combination thereof, and designed
for commercial, industrial, medical, institutional or household use, including
any alkaline manganese, lithium, mercuric oxide, silver oxide, zinc-air or
zinc-carbon battery, nickel-cadmium rechargeable battery or sealed lead
rechargeable battery;� �� "Institutional generator" means the owner
or operator of any public or private, commercial or industrial establishment or
facility, including any establishment owned or operated by, or on behalf of, a
governmental agency, health care facility or hospital, licensed or other
authorized hearing aid dispenser, research laboratory or facility, who
routinely uses large quantities of mercuric oxide batteries or nickel-cadmium
or sealed lead rechargeable batteries; or the owner or operator of any public
or private facility identified by the department that generates at least 220
pounds of these types of used dry cell batteries per month, or the owner or
operator of any public or private facility that accumulates 220 pounds of these
types of used dry cell batteries at any time;�

���� "Lithium battery"
means any button, coin, cylindrical, rectangular or other shaped dry cell
battery consisting of lithium and other chemicals commonly used in pocket
calculators, wrist watches and other electrical appliances;�

���� "Manufacturer" means
a person producing
[
dry
cell
]

covered

batteries for sale to institutional generators, distributors, retailers, small
quantity generators
,
or consumers
.� For a covered battery embedded in
a product, the manufacturer of the product shall be considered the
"manufacturer" for the purposes of P.L.1991, c.521 (C.13:1E-99.59 et
seq.)
;�

���� "Mercuric oxide
battery" means any button, coin, cylindrical, rectangular or other shaped
dry cell battery consisting of zinc, potassium and mercury oxide which is
designed or sold for commercial, industrial, medical or institutional use;

����
"Medium format
battery" means: �(1) a rechargeable battery that weighs between 11 and 25
pounds or that has a rating of between 300 and 2000 watt-hours; or (2) a
primary battery that weighs between 4.4 and 25 pounds;�

���� "Nickel-cadmium
rechargeable battery" means any button, coin, cylindrical, rectangular or
other shaped dry cell battery composed of cadmium and nickel which is designed
for reuse and is capable of being recharged after repeated uses, and which has
a useful life of at least 12 months, except that "nickel-cadmium
rechargeable battery" shall not include any dry cell battery used as a
backup power source for memory or program instruction storage, timekeeping, or
any similar purpose that requires uninterrupted electrical power in order to
operate if the primary energy supply fails or fluctuates momentarily;

����
"Primary battery"
means a battery that is not capable of being recharged, and includes, but is
not limited to, a mercuric oxide battery, lithium battery, silver oxide
battery, zinc air battery, or non-rechargeable dry cell battery;

����
"Portable
battery" means:� (1) a rechargeable battery that weighs less than 11
pounds and has a rating of less than 300 watt-hours; or (2) a primary battery
that weighs less than 4.4 pounds;

���� "Rechargeable
battery" means
[
any
]

one or
more voltaic or galvanic cells, electrically connected to produce electric
energy and designed to be repeatedly charged and discharged or an assembly of
small rechargeable batteries in a container that has a single positive and
negative connection, commonly known as a battery pack. "Rechargeable
battery" includes, but is not limited to, a
nickel-cadmium
rechargeable battery
, nickel metal hydride rechargeable battery, lithium ion
rechargeable battery,
or sealed lead rechargeable battery;�

���� "Rechargeable consumer
product" means any product, including, but not limited to, a cordless
electrical tool or appliance, containing a nickel-cadmium rechargeable battery
or a sealed lead rechargeable battery, which is purchased at retail and commonly
used for personal or household purposes;�

���� "Retailer" means a
person engaged in the sale of rechargeable batteries to any consumer at
retail;�

���� "Sealed lead rechargeable
battery" means any button, coin, cylindrical, rectangular or other shaped
dry cell battery composed of lead and other chemicals which is designed for
reuse and is capable of being recharged after repeated uses, and which has a
useful life of at least 12 months;�

���� "Silver oxide
battery" means any button, coin, cylindrical, rectangular or other shaped
dry cell battery consisting of silver oxide, potassium hydroxide or sodium
hydroxide and zinc, and mercury commonly used in wrist watches and other
electrical appliances;�

���� "Solid waste
container" means a receptacle, container or bag suitable for the
depositing of solid waste;�

���� "Solid waste
facilities" mean and include the plants, structures and other real and
personal property acquired, constructed or operated or to be acquired,
constructed or operated by any person pursuant to the provisions of P.L.1970,
c.39 (C.13:1E-1 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.) or any other act,
including transfer stations, incinerators, resource recovery facilities,
sanitary landfill facilities or other plants for the disposal of solid waste,
and all vehicles, equipment and other real and personal property and rights
therein and appurtenances necessary or useful and convenient for the collection
or disposal of solid waste in a sanitary manner;�

���� "Small quantity
generator" means the owner or operator of any public or private,
commercial or industrial establishment or facility, including any establishment
owned or operated by, or on behalf of, a governmental agency, health care
facility or hospital, licensed or other authorized hearing aid dispenser,
research laboratory or facility, who routinely uses small quantities of
mercuric oxide batteries or nickel-cadmium or sealed lead rechargeable
batteries; or the owner or operator of any public or private facility
identified by the department that generates less than 220 pounds of these types
of used dry cell batteries per month, or the owner or operator of any public or
private facility that accumulates over 20 pounds but less than 220 pounds of
these types of used dry cell batteries at any time;�

���� "Zinc-air battery"
means any button, coin, cylindrical, rectangular or other shaped dry cell
battery consisting of zinc, potassium hydroxide and commonly used in hearing
aids, photographic equipment and electrical appliances.�

(cf: P.L.1997, c.91, s.1)

���� 2.� Section 7 of P.L.1991,
c.521 (C.13:1E-99.65) is amended to read as follows:

���� 7.� a.� No person shall sell,
offer for sale, or offer for promotional purposes in this State any
[
mercuric oxide
battery, or any nickel-cadmium or sealed lead rechargeable
]

covered

battery, unless the manufacturer thereof has obtained the prior written
approval of the department of a plan for the collection, transportation,
recycling or proper disposal of that used
[
dry
cell
]

covered

battery pursuant to the provisions of section 8 of
[
this act
]

P.L.1991,
c.521 (C.13:1E-99.66)
.�

���� Any two or more manufacturers
may submit a joint plan to the department for any specified
[
mercuric oxide
battery or rechargeable
]

covered
battery that they manufacture.�

���� b.��� Every manufacturer shall
be liable, at
[
his
own
]

the
manufacturer's
expense, for the environmentally sound collection,
transportation,
and
recycling or proper disposal of every used
[
mercuric oxide
battery, or used nickel-cadmium or sealed lead rechargeable battery, as the
case may be,
]

covered battery
produced by
[
him
]

the
manufacturer
and sold or offered for promotional purposes in this State.�

���� c.���� Manufacturers may
establish or utilize a
[
trade
association or a consortium comprised of members of the dry cell battery
industry, as appropriate,
]

producer responsibility organization
in order to facilitate compliance
with the requirements of
[
this
act
]

P.L.1991,
c.521 (C.13:1E-99.59 et seq.)
.�

(cf: P.L.1991, c.521, s.7)

���� 3.��� Section 8 of P.L.1991,
c.521 (C.13:1E-99.66) is amended to read as follows:

���� 8.� a.� (1) Within nine months
of the effective date of
[
this
act
]

P.L. ,
c. (C. )
(pending before the Legislature as this bill)
, every manufacturer of
[
mercuric oxide
batteries, nickel-cadmium rechargeable batteries or sealed lead rechargeable
]

covered

batteries sold or offered for promotional purposes in this State shall prepare
and submit a battery management plan, in writing, to the department for the
environmentally sound collection, transportation,
and
recycling or
proper disposal of each specified used
[
dry
cell
]

covered

battery produced by that manufacturer.�

���� (2)� Prior to submission to
the department of a battery management plan, every manufacturer of
[
nickel-cadmium
or sealed lead rechargeable
]

covered
batteries shall consult with distributors and retailers of the
[
rechargeable
]

covered

batteries produced by that manufacturer. No battery management plan shall
require a retail establishment where food or food products are sold or offered
for sale directly to the consumer for consumption off the premises of the
retail establishment to accept the return of used
[
rechargeable
]

covered

batteries.�

����
(3)� No battery management
plan shall include the collection of used covered batteries in curbside
recycling bins.

���� b.� Each battery management
plan submitted by a manufacturer shall include, as appropriate, but need not be
limited to:�

���� (1)� Designation of the
collector, transporter, processor or collection system to be utilized by the
manufacturer, or by the county or municipality, institutional generator,
retailer or small quantity generator on behalf of the manufacturer, for the
collection, transportation,
and
recycling or proper disposal of used
[
mercuric oxide
batteries or used rechargeable
]

covered
batteries in each county, including, as appropriate, evidence of
contracts or agreements entered into therefor;�

���� (2)� Designation of the
funding source or mechanism to be utilized by the manufacturer to defray the
costs of implementing the battery management plan;

���� (3)� A strategy for informing
consumers, on any store display promoting the sale or use of the
[
rechargeable
]

covered

batteries
[
he
manufactures
]
,
that these types of used
[
dry
cell
]

batteries may not enter the solid waste stream, and that a convenient mechanism
for the collection, transportation,
and
recycling or proper disposal of
[
used
rechargeable
]

covered
batteries is available to the consumer;�

���� (4)� A Statewide consumer
education program to assure the widespread dissemination of information
concerning the environmental impact of the improper disposal of used
[
mercuric oxide
batteries or rechargeable
]

covered
batteries, and to inform consumers that manufacturers of these
types of
[
dry
cell
]

batteries are liable for their environmentally sound disposal;
[
and
]
�

���� (5)� A strategy for
establishing and implementing, as the department deems necessary, an
industry-wide uniform coding system for the identification and labeling of all
[
mercuric oxide
batteries or rechargeable
]

covered
batteries by brand name, electrode type, product type or shape;
except that the commissioner may grant a waiver from this requirement based on
evidence furnished to the department that it is not technologically feasible to
label a specified
[
dry
cell
]

covered

battery
;

����
(6) A covered battery
collection system that makes available:

����
(a) at least one permanent
collection site for used, portable, covered batteries within a 15-mile radius
of no less than 95 percent of the residents of the State, and within a 25-mile
radius of each resident of the State, and

����
(b) at least one permanent
collection site for used, medium format covered batteries in each county in the
State;

����
(7) An explanation of the
process by which the manufacturer will, upon request, provide household
hazardous waste collection facilities, at no cost, and to all other collection
sites, at cost, packaging consistent with the requirements found in the United
States Department of Transportation�s hazardous materials regulations, and the
necessary forms and instructions, for the safe collection and transportation of
damaged or defective lithium covered batteries. �The collection of recalled
lithium covered batteries shall be the sole responsibility of the manufacturer
of the lithium covered battery and shall not utilize the same collection system
that is used for the collection of used covered batteries pursuant to an
approved battery management plan; and

����
(8) A strategy for
preventing fires and other safety issues at collection sites including, but not
limited to, providing packaging and shipping materials and training on the safe
shipping and storage of covered batteries at no charge to those collection sites
.�

���� The commissioner shall
maintain on file in the department for public inspection copies of any uniform
coding system implemented pursuant to this paragraph. The department shall
provide a copy to any person upon request.�

���� c.� Any manufacturer seeking
approval of a battery management plan for the environmentally sound collection,
transportation,
and
recycling or proper disposal of any specified used
[
mercuric oxide
battery, used nickel-cadmium or sealed lead rechargeable battery that he
manufactures
]

covered battery
shall submit the plan to the department for its review
and approval. Notice of any battery management plan received by the department
pursuant to this subsection shall be published in the New Jersey Register.�

���� The commissioner shall
maintain on file in the department for public inspection copies of any battery
management plan received by the department pursuant to this subsection. The
department shall provide a copy to any person upon request at a cost not to exceed
the cost of reproduction.�

���� (1)� The department shall
promptly review all plans submitted pursuant to this subsection. The department
shall, within 30 days of receipt of a plan, request that the manufacturer
submit additional information to assist in its review if it deems that such
information is necessary. If no such request is made, the plan shall be
construed to be completed. In the event that additional information is
requested, the plan shall be construed to be completed when the additional
information is received by the department.�

���� (2)� The department shall
approve or deny a plan within 45 days of receipt of a completed plan. In the
event that the department fails to take action on a plan within the 45-day
period specified herein, then the plan shall be deemed to have been approved.�

���� (3)� The department shall
review any battery management plan submitted by a manufacturer and approved
pursuant to this subsection at least once every 24 months following its initial
approval.� If the department finds, in writing, that the plan is no longer a
convenient or economically feasible method for the collection, transportation,
and

recycling or proper disposal of these types of used
[
dry cell
]

covered

batteries, the department may require the manufacturer to submit a new or
revised plan for its review and approval; except that any previously approved
plan shall remain in effect until such time as a new or revised plan is
approved by the department.�

���� d.� Within 15 months of the
effective date of
[
this
act
]

P.L. ,
c. (C. )
(pending before the Legislature as this bill)
, and at least once every six
months thereafter, every manufacturer of
[
mercuric
oxide batteries or rechargeable
]

covered
batteries shall submit a written report to the department on
used
[
dry
cell
]

covered

battery return or recovery rates in accordance with rules and regulations
adopted by the department therefor.�

���� e.� Manufacturers may
establish an advisory council comprised of members of the
[
dry cell
]

covered

battery industry, institutional generators, retailers, small quantity
generators and county representatives in order to facilitate the collection,
transportation, recycling or proper disposal of used
[
mercuric oxide batteries or used
rechargeable
]

covered
batteries in this State.�

(cf: P.L.1991, c.521, s.8)

���� 4.��� Section 11 of P.L.1991,
c.521 (C.13:1E-99.69) is amended to read as follows:

���� 11.� a.� No person shall
knowingly dispose of used
[
nickel-cadmium
rechargeable batteries or used sealed lead rechargeable
]

covered

batteries as solid waste at any time.�
No person shall knowingly place
covered batteries in curbside recycling bins.

���� b.� Any person seeking to
dispose of used
[
nickel-cadmium
or sealed lead rechargeable
]

covered
batteries derived from household use may:�

���� (1)� return these types of
[
used dry cell
]
batteries to
a retailer unless otherwise provided by the battery management plan required
pursuant to section 8 of
[
this
act
]

P.L.1991,
c.521 (C.13:1E-99.66)
;�

���� (2)� transport these types of
[
used dry cell
]
batteries to
a household hazardous waste collection site established pursuant to a county
household hazardous waste collection program;
or

���� (3)� place these types of used

[
dry
cell
]

batteries for collection in the manner provided by the municipal recycling
ordinance in instances where the adopted district recycling plan as approved by
the department pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13)
requires the collection and disposition of used
[
dry cell
]

covered

batteries
[
as
a designated source separated recyclable material
]

on a designated hazardous
waste collection day
; or

��� (4)� collect, transport,
recycle or dispose of these types of
[
used
dry cell
]

batteries as otherwise provided by the battery management plan required
pursuant to section 8 of
[
this
act
]

P.L.1991,
c.521 (C.13:1E-99.66)
.�

(cf: P.L.1991, c.521, s.11)

���� 5.��� Section 12 of P.L.1991,
c.521 (C.13:1E-99.70) is amended to read as follows:

���� 12.� a.� No solid waste
collector registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4
and 13:1E-5) shall, at any time, knowingly collect used
[
mercuric oxide
batteries, used nickel-cadmium rechargeable batteries or used sealed lead
rechargeable
]

covered
batteries placed for collection and disposal as solid waste.�

���� b.� A solid waste collector
may refuse to collect the contents of a solid waste container containing a
visible quantity of used
[
mercuric
oxide batteries or used rechargeable
]

covered
batteries.�

(cf: P.L.1991, c.521, s.12)

���� 6.��� Section 13 of P.L.1991,
c.521 (C.13:1E-99.71) is amended to read as follows:

���� 13.� a.� No solid waste
facility in this State shall knowingly accept for disposal any truckload or
roll-off container of solid waste containing a visible quantity of used
[
mercuric oxide
batteries, used nickel-cadmium rechargeable batteries or used sealed lead
rechargeable
]

covered
batteries at any time.

���� b.� The owner or operator of a
solid waste facility may refuse to accept for disposal any truckload or
roll-off container of solid waste containing a visible quantity of used
[
mercuric oxide
batteries or used rechargeable
]

covered
batteries.�

(cf: P.L.1991, c.521, s.13)

���� 7.��� Section 14 of P.L.1991,
c.521 (C.13:1E-99.72) is amended to read as follows:

���� 14.� a.�
[
Except as
otherwise provided in a battery management plan approved by the department
pursuant to the provisions of section 8 of this act, every retailer shall:�

���� (1)� Accept from customers at
any time during business hours up to three used nickel-cadmium rechargeable
batteries or sealed lead rechargeable batteries derived from household use, of
the type and size he sells or offers for sale;�

���� (2)� Conspicuously post and
maintain, at or near the point of display, a legible sign, not less than 8 1/2
inches by 11 inches in size, informing customers that used rechargeable
batteries of the type and size sold or offered for sale by the retailer may not
enter the solid waste stream, and that the retail establishment is a collection
site for the recycling or proper disposal of these types of used dry cell
batteries. The sign shall contain the following inscription:�

���� "It is illegal to dispose
of used nickel-cadmium or sealed lead rechargeable batteries in this State as
solid waste"; and�

���� "State law requires us to
accept used nickel-cadmium or sealed lead rechargeable batteries for return to
the manufacturer"; and�

���� (3)� Conspicuously provide or
maintain, at a convenient location within the retail establishment, collection
boxes or other suitable receptacles into which customers may deposit used
nickel-cadmium or sealed lead rechargeable batteries accepted by the retailer.
]
(
Deleted
by amendment, P.L. , c. .) (pending
before the Legislature as this bill)

���� b.� Except as otherwise
provided in a battery management plan approved by the department pursuant to
the provisions of section 8 of
[
this
act
]

P.L.1991,
c.521 (C.13:1E-99.66)
, a distributor or his agent shall accept the return
of all used
[
nickel-cadmium
or sealed lead rechargeable
]

covered
batteries
[
he
]

the
distributor
distributes in
[
his
]

the
distributor's
service area from a retailer.�

���� c.� Every manufacturer, at his
own expense, shall accept the return of all used
[
nickel-cadmium or sealed lead
rechargeable
]

covered
batteries
[
he
]

the
manufacturer
manufactures from distributors or retailers as provided in a
battery management plan approved by the department pursuant to the provisions
of section 8 of
[
this
act
]

P.L.1991,
c.521 (C.13:1E-99.66)
. A manufacturer shall, upon return of a used
[
dry cell
]

covered

battery, provide for its proper disposal or recycling.�

���� d.�
[
The provisions of this section
shall not apply to any retail establishment where food or food products are
sold or offered for sale directly to the consumer for consumption off the
premises of the retail establishment.
]

(
Deleted by amendment, P.L. , c. .)
(pending before the Legislature as this bill)

(cf: P.L.1991, c.521, s.14)

���� 8.��� Section 15 of P.L.1991,
c.521 (C.13:1E-99.73) is amended to read as follows:

���� 15.� a.� Every institutional
generator shall provide for the on-site source separation, collection
,

and disposal of all used
[
mercuric
oxide batteries, nickel-cadmium rechargeable batteries and sealed lead
rechargeable
]

covered
batteries generated at the facility.�

���� b.� Every small quantity
generator shall provide for the on-site source separation, collection
,

and disposal of all used
[
mercuric
oxide batteries, nickel-cadmium rechargeable batteries and sealed lead
rechargeable
]

covered
batteries generated at the facility.�

���� c.� Except as otherwise
provided in rules or regulations adopted by the department pursuant to
P.L.1970, c.39 (C.13:1E-1 et seq.), or as otherwise prescribed under any other
applicable federal or State law, every institutional or small quantity
generator shall source-separate used
[
mercuric
oxide batteries, nickel-cadmium rechargeable batteries and sealed lead
rechargeable
]

covered
batteries for collection and disposal in the manner provided in
the battery management plan required pursuant to section 8 of
[
this act
]

P.L.1991,
c.521 (C.13:1E-99.66)
.�

(cf: P.L.1991, c.521, s.15)

���� 9.��� Section 19 of P.L.1991,
c.521 (C.13:1E-99.77) is amended to read as follows:

���� 19.� a.� The commissioner
shall establish a means of addressing consumer complaints and a public
education program to assure the widespread dissemination of information
concerning the purpose of
[
this
act
]

P.L.1991,
c.521 (C.13:1E-99.59 et seq.)
.�

���� b.� The department shall have
the right to enter, at any time during normal business hours and upon
presentation of appropriate credentials, any retail establishment at which
[
consumer
mercuric oxide batteries, nickel-cadmium rechargeable batteries or sealed lead
rechargeable
]

covered
batteries are sold or offered for promotional purposes in order
to determine compliance with the provisions of
[
this act
]

P.L.1991,
c.521 (C.13:1E-99.59 et seq.)
.�

(cf: P.L.1991, c.521, s.19)

���� 10.� Sections 6 and 10 of
P.L.1991, c.521 (C.13:1E-99.64 and C.13:1E-68) are repealed.

���� 11.� This act shall take
effect immediately.

STATEMENT

���� This bill would revise the
provisions of the "Dry Cell Battery Management Act," P.L.1991, c.521
(C.13:1E-99.59 et seq.) to expand the types of batteries and consumer products
that are covered under this law.

���� The bill would amend most of
the provisions of the "Dry Cell Battery Management Act" to provide
that the law would apply to "covered batteries," rather than to mercuric
oxide batteries, nickel-cadmium rechargeable batteries and sealed lead
rechargeable batteries, as in current law.� The bill would define a
"covered battery" as a rechargeable or non-rechargeable battery that
weighs up to 25 pounds or a rechargeable battery that stores up to 2000
watt-hours of energy, whether embedded in a product or sold separately.� This
would entail, among other things, that persons would be prohibited from selling
a covered battery or a battery-embedded product unless the manufacturer of the
battery or product, as applicable, has developed a battery management plan,
which has been approved by the Department of Environmental Protection (DEP).�
The bill would require each manufacturer of a covered battery to submit a
battery management plan to the DEP no later than nine months after the bill's
enactment.� The bill would also modify the provisions of the "Dry Cell
Battery Management Act" to prohibit the use of curbside recycling for the
collection of covered batteries, and to require additional items be included in
a battery management plan, including a requirement that each manufacturer
provide for at least one permanent collection site for used, portable, covered
batteries within a 15-mile radius of no less than 95 percent of the residents
of the State, and within a 25-mile radius of each resident of the State.

���� The bill would delete a
provision of current law that requires retailers to accept used nickel-cadmium
and sealed lead rechargeable batteries from customers.� The bill would also
delete a provision in current law that requires retailers to post certain signage
regarding nickel-cadmium and sealed lead rechargeable batteries in their retail
establishments.� In addition, the bill would repeal section 6 of P.L.1991, c.521
(C.13:1E-99.64), which prohibits persons from selling certain rechargeable
consumer products, unless certain conditions are met, including that the
rechargeable battery is readily removable from the product.