Battery stewardship/EVs

AN ACT Relating to expanding the state battery stewardship 1
program to include electric vehicle batteries; amending RCW 2
70A.205.505, 70A.205.510, 70A.205.515, 70A.205.520, 70A.205.525, 3
70A.205.530, 70A.555.005, 70A.555.010, 70A.555.020, 70A.555.030, 4
70A.555.040, 70A.555.060, 70A.555.070, 70A.555.130, and 70A.555.140; 5
and adding new sections to chapter 70A.555 RCW. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 70A.205.505 and 2020 c 20 s 1197 are each amended to 8
read as follows: 9
(1) No person may knowingly dispose of a vehicle battery except 10
by delivery to: A person or entity selling lead acid batteries, a 11
person or entity authorized by the department to accept the battery, 12
or to a secondary lead smelter. 13
(2) No owner or operator of a solid waste disposal site shall 14
knowingly accept for disposal used vehicle batteries except when 15
authorized to do so by the department or by the federal government.16
(3) Any person who violates this section shall be subject to a 17
fine of up to ((one thousand dollars )) $1,000. Each vehicle battery 18
will constitute a separate violation. Nothing in this section and RCW 19
70A.205.510 through 70A.205.530 shall supersede the provisions under 20
chapter 70A.300 RCW. 21
S-0010.2
SENATE BILL 5045
State of Washington 69th Legislature 2025 Regular Session
By Senators J. Wilson, Dozier, Christian, McCune, Holy, Boehnke,
Schoesler, Fortunato, Hasegawa, and Wellman
Prefiled 12/13/24. Read first time 01/13/25. Referred to Committee
on Environment, Energy & Technology.
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(4) For purposes of this section ((and RCW 70A.205.510 through 1
70A.205.530, "vehicle)):2
(a) "Vehicle battery" means batteries capable for use in any 3
vehicle, having a core consisting of elemental lead, and a capacity 4
of six or more volts. 5
(b) "Vehicle battery" does not include an "electric vehicle 6
battery" as defined in RCW 70A.555.010.7
Sec. 2. RCW 70A.205.510 and 1989 c 431 s 38 are each amended to 8
read as follows: 9
(1) The department shall establish a procedure to identify, on an 10
annual basis, those persons accepting used vehicle batteries from 11
retail establishments. 12
(2) For purposes of this section:13
(a) "Vehicle battery" means batteries capable for use in any 14
vehicle, having a core consisting of elemental lead, and a capacity 15
of six or more volts.16
(b) "Vehicle battery" does not include an "electric vehicle 17
battery" as defined in RCW 70A.555.010.18
Sec. 3. RCW 70A.205.515 and 2020 c 20 s 1198 are each amended to 19
read as follows: 20
(1) A person selling vehicle batteries at retail in the state 21
shall: 22
(((1))) (a) Accept, at the time of purchase of a replacement 23
battery, in the place where the new batteries are physically 24
transferred to the purchasers, and in a quantity at least equal to 25
the number of new batteries purchased, used vehicle batteries from 26
the purchasers, if offered by the purchasers. When a purchaser fails 27
to provide an equivalent used battery or batteries, the purchaser may 28
reclaim the core charge paid under RCW 70A.205.520 by returning, to 29
the point of purchase within ((thirty)) 30 days, a used battery or 30
batteries and a receipt showing proof of purchase from the 31
establishment where the replacement battery or batteries were 32
purchased; and 33
(((2))) (b) Post written notice which must be at least eight and 34
one-half inches by eleven inches in size and must contain the 35
universal recycling symbol and the following language:36
(((a))) (i) "It is illegal to put a motor vehicle battery or 37
other vehicle battery in your garbage." 38
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(((b))) (ii) "State law requires us to accept used motor vehicle 1
batteries or other vehicle batteries for recycling, in exchange for 2
new batteries purchased." 3
(((c))) (iii) "When you buy a battery, state law also requires us 4
to include a core charge of five dollars or more if you do not return 5
your old battery for exchange." 6
(2) For purposes of this section:7
(a) "Vehicle battery" means batteries capable for use in any 8
vehicle, having a core consisting of elemental lead, and a capacity 9
of six or more volts.10
(b) "Vehicle battery" does not include an "electric vehicle 11
battery" as defined in RCW 70A.555.010.12
Sec. 4. RCW 70A.205.520 and 1989 c 431 s 40 are each amended to 13
read as follows: 14
(1) Each retail sale of a vehicle battery shall include, in the 15
price of the battery for sale, a core charge of not less than five 16
dollars. When a purchaser offers the seller a used battery of 17
equivalent size, the seller shall omit the core charge from the price 18
of the battery. 19
(2) For purposes of this section:20
(a) "Vehicle battery" means batteries capable for use in any 21
vehicle, having a core consisting of elemental lead, and a capacity 22
of six or more volts.23
(b) "Vehicle battery" does not include an "electric vehicle 24
battery" as defined in RCW 70A.555.010.25
Sec. 5. RCW 70A.205.525 and 2020 c 20 s 1199 are each amended to 26
read as follows: 27
(1) A person selling vehicle batteries at wholesale to a retail 28
establishment in this state shall accept, at the time and place of 29
transfer, used vehicle batteries in a quantity at least equal to the 30
number of new batteries purchased, if offered by the purchaser.31
(2) When a battery wholesaler, or agent of the wholesaler, fails 32
to accept used vehicle batteries as provided in this section, a 33
retailer may file a complaint with the department and the department 34
shall investigate any such complaint. 35
(3)(a) The department shall issue an order suspending any of the 36
provisions of RCW 70A.205.515 through 70A.205.530 whenever it finds 37
that the market price of lead has fallen to the extent that new 38
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battery wholesalers' estimated statewide average cost of transporting 1
used batteries to a smelter or other person or entity in the business 2
of purchasing used batteries is clearly greater than the market price 3
paid for used lead batteries by such smelter or person or entity.4
(b) The order of suspension shall only apply to batteries that 5
are sold at retail during the period in which the suspension order is 6
effective. 7
(c) The department shall limit its suspension order to a definite 8
period not exceeding six months, but shall revoke the order prior to 9
its expiration date should it find that the reasons for its issuance 10
are no longer valid. 11
(4) For purposes of this section:12
(a) "Vehicle battery" means batteries capable for use in any 13
vehicle, having a core consisting of elemental lead, and a capacity 14
of six or more volts.15
(b) "Vehicle battery" does not include an "electric vehicle 16
battery" as defined in RCW 70A.555.010.17
Sec. 6. RCW 70A.205.530 and 2020 c 20 s 1200 are each amended to 18
read as follows: 19
(1) The department shall produce, print, and distribute the 20
notices required by RCW 70A.205.515 to all places where vehicle 21
batteries are offered for sale at retail and in performing its duties 22
under this section the department may inspect any place, building, or 23
premise governed by RCW 70A.205.520. Authorized employees of the 24
agency may issue warnings and citations to persons who fail to comply 25
with the requirements of RCW 70A.205.505 through 70A.205.535. Failure 26
to conform to the notice requirements of RCW 70A.205.515 shall 27
subject the violator to a fine imposed by the department not to 28
exceed ((one thousand dollars )) $1,000. However, no such fine shall 29
be imposed unless the department has issued a warning of infraction 30
for the first offense. Each day that a violator does not comply with 31
the requirements of chapter 431, Laws of 1989 following the issuance 32
of an initial warning of infraction shall constitute a separate 33
offense. 34
(2) For purposes of this section:35
(a) "Vehicle battery" means batteries capable for use in any 36
vehicle, having a core consisting of elemental lead, and a capacity 37
of six or more volts.38
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(b) "Vehicle battery" does not include an "electric vehicle 1
battery" as defined in RCW 70A.555.010.2
Sec. 7. RCW 70A.555.005 and 2023 c 434 s 1 are each amended to 3
read as follows: 4
The legislature finds that: 5
(1) It is in the public interest of the citizens of Washington to 6
encourage the recovery and reuse of materials, such as metals, that 7
replace the output of mining and other extractive industries.8
(2) Without a dedicated battery stewardship program, battery user 9
confusion regarding proper disposal options will continue to persist.10
(3) Ensuring the proper handling, recycling, and end-of-life 11
management of used batteries prevents the release of toxic materials 12
into the environment and removes materials from the waste stream 13
that, if mishandled, may present safety concerns to workers, such as 14
by igniting fires at solid waste handling facilities. For this 15
reason, batteries should not be placed into commingled recycling 16
containers or disposed of via traditional garbage collection 17
containers. 18
(4) Jurisdictions around the world have successfully implemented 19
battery stewardship laws that have helped address the challenges 20
posed by the end-of-life management of batteries. Because it is 21
difficult for customers to differentiate between types and 22
chemistries of batteries, it is the best practice for battery 23
stewardship programs to collect all battery types and chemistries. 24
((Furthermore, it is appropriate for larger batteries used in 25
emerging market sectors such as electric vehicles, solar power 26
arrays, and data centers, to be managed to ensure environmentally 27
positive outcomes similar to those achieved by a battery stewardship 28
program, both because of the potential economic value of large 29
batteries used for these purposes and the anticipated profusion of 30
these larger batteries as these market sectors mature.))31
(5) Larger batteries used in emerging market sectors such as 32
electric vehicles, solar power arrays, and data centers should be 33
managed to ensure environmentally positive outcomes similar to those 34
achieved by a battery stewardship program because of their potential 35
economic value and anticipated profusion as these market sectors 36
mature. Although the management of some larger batteries continues to 37
be studied, the legislature intends to include electric vehicle 38
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batteries in the state battery stewardship program while recognizing 1
the unique characteristics of those batteries. 2
Sec. 8. RCW 70A.555.010 and 2023 c 434 s 2 are each amended to 3
read as follows: 4
The definitions in this section apply throughout this chapter 5
unless the context clearly requires otherwise. 6
(1)(a) "Battery-containing product" means a product that contains 7
or is packaged with rechargeable or primary batteries that are 8
covered batteries. 9
(b) A "battery-containing product" does not include ((a)):10
(i) A covered electronic product under an approved plan 11
implemented under chapter 70A.500 RCW; or12
(ii) An electric vehicle. 13
(2) "Battery management hierarchy" means a management system of 14
covered batteries prioritized in descending order as follows:15
(a) Waste prevention and reduction; 16
(b) Reuse, when reuse is appropriate; 17
(c) Recycling, as defined in this chapter; and18
(d) Other means of end-of-life management, which may only be 19
utilized after demonstrating to the department that it is not 20
feasible to manage the batteries under the higher priority options in 21
(a) through (c) of this subsection. 22
(3) "Battery stewardship organization" means a producer that 23
directly implements a battery stewardship plan required under this 24
chapter or a nonprofit organization designated by a producer or group 25
of producers to implement a battery stewardship plan required under 26
this chapter. 27
(4) "Collection rate" means a percentage, by weight, that a 28
battery stewardship organization collects that is calculated by 29
dividing the total weight of primary and rechargeable batteries 30
collected during the previous calendar year by the average annual 31
weight of primary and rechargeable batteries that were estimated to 32
have been sold in the state by all producers participating in an 33
approved battery stewardship plan during the previous three calendar 34
years. 35
(5)(a) "Covered battery" means a portable battery or, beginning 36
January 1, 2029, a medium format battery and an electric vehicle 37
battery. 38
(b) "Covered battery" does not include: 39
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(i) A battery contained within a medical device, as specified in 1
Title 21 U.S.C. Sec. 321 (h) as it existed as of July 23, 2023, that 2
is not designed and marketed for sale or resale principally to 3
consumers for personal use; 4
(ii) A battery that contains an electrolyte as a free liquid;5
(iii) A lead acid battery weighing greater than 11 pounds;6
(iv) A battery subject to the provisions of RCW 70A.205.505 7
through 70A.205.530; and 8
(v) A battery in a battery-containing product that is not 9
intended or designed to be easily removable from the battery-10
containing product. 11
(6) "Department" means the department of ecology.12
(7) "Easily removable" means designed by the manufacturer to be 13
removable by the user of the product with no more than commonly used 14
household tools. 15
(8)(a) "Electric vehicle" means a vehicle that derives all or 16
part of its power from electricity supplied by the electric grid and 17
that has a battery or equivalent storage device that can be charged 18
from an electricity supply external to the vehicle with an electric 19
plug.20
(b) "Electric vehicle" includes a plug-in hybrid vehicle.21
(9)(a) "Electric vehicle battery" means a rechargeable battery 22
used to power the electric motors that propel an electric vehicle.23
(b) "Electric vehicle battery" includes, without limitation, 24
lithium-ion batteries and nickel-metal hydride batteries.25
(10) "Environmentally sound management practices" means practices 26
that: (a) Comply with all applicable laws and rules to protect 27
workers, public health, and the environment; (b) provide for adequate 28
recordkeeping, tracking, and documenting of the fate of materials 29
within the state and beyond; and (c) include comprehensive liability 30
coverage for the battery stewardship organization, including 31
environmental liability coverage that is commercially practicable.32
(((9))) (11) "Final disposition" means the final processing of a 33
collected battery to produce usable end products, at the point where 34
the battery has been reduced to its constituent parts, reusable 35
portions made available for use, and any residues handled as wastes 36
in accordance with applicable law. 37
(((10))) (12) "Large format battery" means: 38
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(a) A rechargeable battery , other than an electric vehicle 1
battery, that weighs more than 25 pounds or has a rating of more than 2
2,000 watt-hours; or 3
(b) A primary battery that weighs more than 25 pounds.4
(((11))) (13) "Medium format battery" means the following primary 5
or rechargeable covered batteries: 6
(a) For rechargeable batteries, a battery weighing more than 11 7
pounds or has a rating of more than 300 watt-hours, or both, and no 8
more than 25 pounds and has a rating of no more than 2,000 watt-9
hours; 10
(b) For primary batteries, a battery weighing more than 4.4 11
pounds but not more than 25 pounds. 12
(((12))) (14) "Portable battery" means the following primary or 13
rechargeable covered batteries: 14
(a) For rechargeable batteries, a battery weighing no more than 15
11 pounds and has a rating of no more than 300 watt-hours;16
(b) For primary batteries, a battery weighing no more than 4.4 17
pounds. 18
(((13))) (15) "Primary battery" means a battery that is not 19
capable of being recharged. 20
(((14))) (16)(a) "Producer" means the following person 21
responsible for compliance with requirements under this chapter for a 22
covered battery or battery-containing product sold, offered for sale, 23
or distributed in or into this state: 24
(i) For covered batteries: 25
(A) If the battery is sold under the brand of the battery 26
manufacturer, the producer is the person that manufactures the 27
battery; 28
(B) If the battery is sold under a retail brand or under a brand 29
owned by a person other than the manufacturer, the producer is the 30
brand owner; 31
(C) If there is no person to which (a)(i)(A) or (B) of this 32
subsection applies, the producer is the person that is the licensee 33
of a brand or trademark under which the battery is used in a 34
commercial enterprise, sold, offered for sale, or distributed in or 35
into this state, whether or not the trademark is registered in this 36
state; 37
(D) If there is no person described in (a)(i)(A) through (C) of 38
this subsection within the United States, the producer is the person 39
who is the importer of record for the battery into the United States 40
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for use in a commercial enterprise that sells, offers for sale, or 1
distributes the battery in this state; 2
(E) If there is no person described in (a)(i)(A) through (D) of 3
this subsection with a commercial presence within the state, the 4
producer is the person who first sells, offers for sale, or 5
distributes the battery in or into this state. 6
(ii) For covered battery-containing products: 7
(A) If the battery-containing product is sold under the brand of 8
the product manufacturer, the producer is the person that 9
manufactures the product; 10
(B) If the battery-containing product is sold under a retail 11
brand or under a brand owned by a person other than the manufacturer, 12
the producer is the brand owner; 13
(C) If there is no person to which (a)(ii)(A) or (B) of this 14
subsection applies, the producer is the person that is the licensee 15
of a brand or trademark under which the product is used in a 16
commercial enterprise, sold, offered for sale, or distributed in or 17
into this state, whether or not the trademark is registered in this 18
state; 19
(D) If there is no person described in (a)(ii)(A) through (C) of 20
this subsection within the United States, the producer is the person 21
who is the importer of record for the product into the United States 22
for use in a commercial enterprise that sells, offers for sale, or 23
distributes the product in this state; 24
(E) If there is no person described in (a)(ii)(A) through (D) of 25
this subsection with a commercial presence within the state, the 26
producer is the person who first sells, offers for sale, or 27
distributes the product in or into this state; 28
(F) A producer does not include any person who only manufactures, 29
sells, offers for sale, distributes, or imports into the state a 30
battery-containing product if the only batteries used by the battery-31
containing product are supplied by a producer that has joined a 32
registered battery stewardship organization as the producer for that 33
covered battery under this chapter. Such a producer of covered 34
batteries that are included in a battery-containing product must 35
provide written certification of that membership to both the producer 36
of the covered battery-containing product and the battery stewardship 37
organization of which the battery producer is a member.38
(b) A person is the "producer" of a covered battery or covered 39
battery-containing product sold, offered for sale, or distributed in 40
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or into this state, as defined in (a) of this subsection, except 1
where another party has contractually accepted responsibility as a 2
responsible producer and has joined a registered battery stewardship 3
organization as the producer for that covered battery or covered 4
battery-containing product under this chapter. 5
(((15))) (17) "Program" means a program implemented by a battery 6
stewardship organization consistent with an approved battery 7
stewardship plan. 8
(((16))) (18) "Rechargeable battery" means a battery that 9
contains one or more voltaic or galvanic cells, electrically 10
connected to produce electric energy, designed to be recharged.11
(((17))) (19) "Recycling" means transforming or remanufacturing 12
waste materials into usable or marketable materials for use other 13
than: 14
(a) Combustion; 15
(b) Incineration; 16
(c) Energy generation; 17
(d) Fuel production; or 18
(e) Beneficial reuse in the construction and operation of a solid 19
waste landfill, including use of alternative daily cover.20
(((18))) (20) "Recycling efficiency rate" means the ratio of the 21
weight of covered battery components and materials recycled by a 22
program operator from covered batteries to the weight of those 23
covered batteries collected by the program operator.24
(((19))) (21) "Retailer" means a person who sells covered 25
batteries or battery-containing products in or into this state or 26
offers or otherwise makes available covered batteries or battery-27
containing products to a customer, including other businesses, for 28
use by the customer in this state. 29
(((20))) (22) "Urban area" means an area delineated by the United 30
States census bureau, based on a minimum threshold of 2,000 housing 31
units or 5,000 people, as of January 1, 2023. 32
Sec. 9. RCW 70A.555.020 and 2023 c 434 s 3 are each amended to 33
read as follows: 34
((Beginning)) (1) Except as provided in subsection (2) of this 35
section, beginning January 1, 2027: 36
(((1))) (a) Each producer selling, making available for sale, or 37
distributing covered batteries or battery-containing products in or 38
into the state of Washington shall participate in an approved 39
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Washington state battery stewardship plan through participation in 1
and appropriate funding of a battery stewardship organization; and2
(((2))) (b) A producer that does not participate in a battery 3
stewardship organization and battery stewardship plan may not sell 4
covered batteries or battery-containing products covered by this 5
chapter in or into Washington. 6
(2) Beginning January 1, 2029, the requirements of subsection (1) 7
of this section apply to each producer selling, making available for 8
sale, or distributing medium format batteries, or electric vehicle 9
batteries, defined as a covered battery in RCW 70A.555.010.10
Sec. 10. RCW 70A.555.030 and 2023 c 434 s 4 are each amended to 11
read as follows: 12
(1) Beginning July 1, 2027, for portable batteries, and July 1, 13
2029, for medium format batteries and electric vehicle batteries , a 14
retailer may not sell, offer for sale, distribute, or otherwise make 15
available for sale a covered battery or battery-containing product 16
unless the producer of the covered battery or battery-containing 17
product certifies to the retailer that the producer participates in a 18
battery stewardship organization whose plan has been approved by the 19
department. 20
(2) A retailer is in compliance with the requirements of 21
subsection (1) of this section and is not subject to penalties under 22
RCW 70A.555.110 as long as the website made available by the 23
department under RCW 70A.555.100 lists, as of the date a product is 24
made available for retail sale, a producer or brand of covered 25
battery or battery-containing product sold by the retailer as being a 26
participant in an approved plan or the implementer of an approved 27
plan. 28
(3) Retailers of covered batteries or battery-containing products 29
are not required to make retail locations available to serve as 30
collection sites for a stewardship program operated by a battery 31
stewardship organization. Retailers that serve as a collection site 32
must comply with the requirements for collection sites, consistent 33
with RCW 70A.555.070. 34
(4) A retailer may not sell, offer for sale, distribute, or 35
otherwise make available for sale covered batteries, unless those 36
batteries are marked consistent with the requirements of RCW 37
70A.555.130. A producer of a battery-containing product containing a 38
covered battery must certify to the retailers of their product that 39
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the battery contained in the battery-containing product is marked 1
consistent with the requirements of RCW 70A.555.130. A retailer may 2
rely on this certification for purposes of compliance under this 3
subsection. 4
(5) A retailer selling or offering covered batteries or battery-5
containing products for sale in Washington may provide information, 6
provided to the retailer by the battery stewardship organization, 7
regarding available end-of-life management options for covered 8
batteries collected by the battery stewardship organization. The 9
information that a battery stewardship organization must make 10
available to retailers for voluntary use by retailers must include, 11
but is not limited to, in-store signage, written materials, and other 12
promotional materials that retailers may use to inform customers of 13
the available end-of-life management options for covered batteries 14
collected by the battery stewardship organization.15
(6) Retailers, producers, or battery stewardship organizations 16
may not charge a specific point-of-sale fee to consumers to cover the 17
administrative or operational costs of the battery stewardship 18
organization or the battery stewardship program. 19
Sec. 11. RCW 70A.555.040 and 2023 c 434 s 5 are each amended to 20
read as follows: 21
(1) By July 1, 2026, or within six months of the adoption of 22
rules under RCW 70A.555.100, whichever comes later, each battery 23
stewardship organization must submit a plan for covered portable 24
batteries to the department for approval. Within 24 months of the 25
date of the initial adoption of rules under this chapter by the 26
department, each battery stewardship organization must submit a plan 27
for covered medium format batteries and electric vehicle batteries to 28
the department for approval. A battery stewardship organization may 29
submit a plan at any time to the department for review and approval. 30
The department must review and may approve a plan based on whether it 31
contains and adequately addresses the following components:32
(a) Lists and provides contact information for each producer, 33
battery brand, and battery-containing product brand covered in the 34
plan; 35
(b) Proposes performance goals, consistent with RCW 70A.555.050, 36
including establishing performance goals for each of the next three 37
upcoming calendar years of program implementation;38
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(c) Describes how the battery stewardship organization will make 1
retailers aware of their obligation to sell only covered batteries 2
and battery-containing products of producers participating in an 3
approved plan; 4
(d) Describes the education and communications strategy being 5
implemented to effectively promote participation in the approved 6
covered battery stewardship program and provide the information 7
necessary for effective participation of consumers, retailers, and 8
others; 9
(e) Describes how the battery stewardship organization will make 10
available to retailers, for voluntary use, in-store signage, written 11
materials, and other promotional materials that retailers may use to 12
inform customers of the available end-of-life management options for 13
covered batteries collected by the battery stewardship organization;14
(f) Lists promotional activities to be undertaken, and the 15
identification of consumer awareness goals and strategies that the 16
program will employ to achieve these goals after the program begins 17
to be implemented; 18
(g) Includes collection site safety training procedures related 19
to covered battery collection activities at collection sites, 20
including appropriate protocols to reduce risks of spills or fires 21
and response protocols in the event of a spill or fire, and a 22
protocol for safe management of damaged batteries that are returned 23
to collection sites; 24
(h) Describes the method to establish and administer a means for 25
fully funding the program in a manner that equitably distributes the 26
program's costs among the producers that are part of the battery 27
stewardship organization. For producers that elect to meet the 28
requirements of this chapter individually, without joining a battery 29
stewardship organization, the plan must describe the proposed method 30
to establish and administer a means for fully funding the program;31
(i) Describes the financing methods used to implement the plan, 32
consistent with RCW 70A.555.060, including how producer fees and fee 33
modulation will incorporate design for recycling and resource 34
conservation as objectives, and a template reimbursement agreement, 35
developed in consultation with local governments and other program 36
stakeholders; 37
(j) Describes how the program will collect all covered battery 38
chemistries and brands on a free, continuous, convenient, visible, 39
and accessible basis, and consistent with the requirements of RCW 40
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70A.555.070, including a description of how the statewide convenience 1
standard will be met and a list of collection sites, including the 2
address and latitude and longitude of collection sites;3
(k) Describes the criteria to be used in the program to determine 4
whether an entity may serve as a collection site for discarded 5
batteries under the program; 6
(l) Establishes collection goals for each of the first three 7
years of implementation of the battery stewardship plan that are 8
based on the estimated total weight of primary and rechargeable 9
covered batteries that have been sold in the state in the previous 10
three calendar years by the producers participating in the battery 11
stewardship plan; 12
(m) Identifies proposed brokers, transporters, processors, and 13
facilities to be used by the program for the final disposition of 14
batteries and how collected batteries will be managed in:15
(i) An environmentally sound and socially just manner at 16
facilities operating with human health and environmental protection 17
standards that are broadly equivalent to or better than those 18
required in the United States and other countries that are members of 19
the battery stewardship organization for economic cooperation and 20
development; and 21
(ii) A manner consistent with the battery management hierarchy, 22
including how each proposed facility used for the final disposition 23
of batteries will recycle or otherwise manage batteries;24
(n) Details how the program will achieve a recycling efficiency 25
rate, calculated consistent with RCW 70A.555.090, of at least 60 26
percent for rechargeable batteries and at least 70 percent for 27
primary batteries; 28
(o) Proposes goals for increasing public awareness of the 29
program, including subgoals applicable to public awareness of the 30
program in vulnerable populations and overburdened communities 31
identified by the department under chapter 70A.02 RCW, and describes 32
how the public education and outreach components of the program under 33
RCW 70A.555.080 will be implemented; and 34
(p) Specifies procedures to be employed by a local government 35
seeking to coordinate with a battery stewardship organization 36
pursuant to RCW 70A.555.070(4)(c). 37
(2) If required by the department, a battery stewardship 38
organization must submit a new plan to the department for approval:39
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(a) If there are significant changes to the methods of 1
collection, transport, or end-of-life management of covered batteries 2
under RCW 70A.555.070 that are not provided for in the plan. The 3
department may, by rule, identify the types of significant changes 4
that require a new plan to be submitted to the department for 5
approval. For purposes of this subsection, adding or removing a 6
processor or transporter under the plan is not considered a 7
significant change that requires a plan resubmittal;8
(b) To address the novel inclusion of medium format batteries 9
((or)), large format batteries , or electric vehicle batteries as 10
covered batteries under the plan; and 11
(c) No less than every five years. 12
(3) If required by the department, a battery stewardship 13
organization must provide plan amendments to the department for 14
approval: 15
(a) When proposing changes to the performance goals under RCW 16
70A.555.050 based on the up-to-date experience of the program;17
(b) When there is a change to the method of financing plan 18
implementation under RCW 70A.555.060. This does not include changes 19
to the fees or fee structure established in the plan; or20
(c) When adding or removing a processor or transporter, as part 21
of a quarterly update submitted to the department.22
(4) As part of a quarterly update, a battery stewardship 23
organization must notify the department after a producer begins or 24
ceases to participate in a battery stewardship organization. The 25
quarterly update submitted to the department must also include a 26
current list of the producers and brands participating in the plan.27
(5) No earlier than five years after the initial approval of a 28
plan, the department may require a battery stewardship organization 29
to submit a revised plan, which may include improvements to the 30
collection site network or increased expenditures dedicated to 31
education and outreach if the approved plan has not met the 32
performance goals under RCW 70A.555.050. 33
Sec. 12. RCW 70A.555.060 and 2023 c 434 s 7 are each amended to 34
read as follows: 35
(1) Each battery stewardship organization must ensure adequate 36
funding is available to fully implement approved battery stewardship 37
plans, including the implementation of aspects of the plan 38
addressing: 39
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(a) Battery collection, transporting, and processing;1
(b) Education and outreach; 2
(c) Program evaluation; and 3
(d) Payment of the administrative fees to the department under 4
RCW 70A.555.100. 5
(2) A battery stewardship organization implementing a battery 6
stewardship plan on behalf of producers must develop, and continually 7
improve over the years of program implementation, a system to collect 8
charges from participating producers to cover the costs of plan 9
implementation in an environmentally sound and socially just manner 10
that encourages the use of design attributes that reduce the 11
environmental impacts of covered batteries, such as through the use 12
of eco-modulated fees. Examples of fee structures that meet the 13
requirements of this subsection include using eco-modulated fees to:14
(a) Encourage designs intended to facilitate reuse and recycling;15
(b) Encourage the use of recycled content; 16
(c) Discourage the use of problematic materials that increase 17
system costs of managing covered batteries; and 18
(d) Encourage other design attributes that reduce the 19
environmental impacts of covered batteries. 20
(3)(a) Except for costs incurred by a local government or local 21
government facility exercising the authority specified in RCW 22
70A.555.070(4)(c), each battery stewardship organization is 23
responsible for all costs of participating covered battery 24
collection, transportation, processing, education, administration, 25
agency reimbursement, recycling, and end-of-life management in 26
accordance with the battery management hierarchy and environmentally 27
sound management practices. 28
(b) Each battery stewardship organization must meet the 29
collection goals as specified in RCW 70A.555.040. 30
(c) A battery stewardship organization is not authorized to 31
reduce or cease collection, education and outreach, or other 32
activities implemented under an approved plan based on achievement of 33
program performance goals. 34
(4)(a) Except for costs incurred by a local government or local 35
government facility exercising the authority granted by RCW 36
70A.555.070(4)(c), a battery stewardship organization must reimburse 37
local governments for demonstrable costs, as defined by rules adopted 38
by the department, incurred as a result of a local government 39
facility or solid waste handling facility serving as a collection 40
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site for a program including, but not limited to, associated labor 1
costs and other costs associated with accessibility and collection 2
site standards such as storage. 3
(b) Except as to the costs of containers and other materials and 4
services requirements addressed by a local government or local 5
government facility exercising the authority granted by RCW 6
70A.555.070(4)(c), a battery stewardship organization shall at a 7
minimum provide collection sites with appropriate containers for 8
covered batteries, other than electric vehicle batteries, subject to 9
its program, training, signage, safety guidance, and educational 10
materials, at no cost to the collection sites. 11
(c) A battery stewardship organization must include in its 12
battery stewardship plan a template of the service agreement and any 13
other forms, contracts, or other documents for use in distribution of 14
reimbursements. The service agreement template must be developed with 15
local government input. The entities seeking or receiving 16
reimbursement from the battery stewardship organization are not 17
required to use the template agreement included in the program plan 18
and are not limited to the terms of the template agreement included 19
in the program plan. 20
NEW SECTION. Sec. 13. A new section is added to chapter 70A.555 21
RCW to read as follows: 22
(1) Notwithstanding the collection requirements in RCW 23
70A.555.070, each battery stewardship organization must provide 24
consistent and convenient statewide collection opportunities for 25
electric vehicle batteries as designated in a battery stewardship 26
plan approved under RCW 70A.555.040, which may include, but are not 27
limited to, opportunities to discard, deliver, or otherwise arrange 28
for the collection and delivery of an unwanted electric vehicle 29
battery or a damaged or defective electric vehicle battery to:30
(a) A location designated in the battery stewardship plan;31
(b) An authorized electric vehicle battery recycler to handle, 32
transport, and properly manage used electric vehicle batteries, 33
provided that the authorized electric vehicle battery recycler 34
adheres to the battery stewardship plan for that electric vehicle 35
battery and the employees of the authorized electric vehicle battery 36
recycler undergo mandatory safety training to ensure the proper 37
management and recycling of the batteries. The department may 38
require, develop, or select appropriate training modules for this 39
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purpose or may allow an authorized electric vehicle battery recycler 1
to submit its own safety training plan for approval; or2
(c) An authorized electric vehicle battery transporter to 3
transport used electric vehicle batteries to a location designated in 4
the battery stewardship plan under (a) of this subsection or to an 5
authorized electric vehicle battery recycler under (b) of this 6
subsection. 7
(2) Stewardship programs are not required to provide for the 8
collection of electric vehicle batteries still contained in an 9
electric vehicle. 10
(3) The definitions in this subsection apply throughout this 11
section unless the context requires otherwise. 12
(a) "Authorized electric vehicle battery recycler" means an 13
entity or facility authorized by the department or an equivalent 14
agency in another state to collect, sort, separate, and refine the 15
elemental components of end-of-life electric vehicle batteries, or 16
battery materials, and to refine the elemental components back to 17
usable battery chemicals that include, without limitation, nickel 18
sulfates, cobalt sulfates, and lithium salts. 19
(b) "Authorized electric vehicle battery transporter" means a 20
person authorized, under a battery stewardship plan, to transport 21
electric vehicle batteries for the purpose of recycling.22
(c) "Damaged or defective electric vehicle battery" means an 23
electric vehicle battery that has been damaged or identified by the 24
manufacturer as being defective for safety reasons, that has the 25
potential of producing a dangerous evolution of heat, fire, or short 26
circuit, as referred to in 49 C.F.R. Sec. 173.185 (f) as of the 27
effective date of this section, or as updated by the department by 28
rule to maintain consistency with federal standards.29
Sec. 14. RCW 70A.555.070 and 2023 c 434 s 8 are each amended to 30
read as follows: 31
(1) Battery stewardship organizations implementing a battery 32
stewardship plan must provide for the collection of all covered 33
batteries, including all chemistries and brands of covered batteries, 34
on a free, continuous, convenient, visible, and accessible basis to 35
any person, business, government agency, or nonprofit organization. 36
Except as provided in subsection (2)(b) of this section, each battery 37
stewardship plan must allow any person, business, government agency, 38
or nonprofit organization to discard each chemistry and brand of 39
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covered battery at each collection site that counts towards the 1
satisfaction of the collection site criteria in subsection (3) of 2
this section. 3
(2)(a) Except for local government collection described in 4
subsection (4)(c) of this section, for each collection site utilized 5
by the program, each battery stewardship organization must provide 6
suitable collection containers for covered batteries that are 7
segregated from other solid waste or make mutually agreeable 8
alternative arrangements for the collection of batteries at the site. 9
The location of collection containers at each collection site used by 10
the program must be within view of a responsible person and must be 11
accompanied by signage made available to the collection site by the 12
battery stewardship organization that informs customers regarding the 13
end-of-life management options for batteries provided by the 14
collection site under this chapter. Each collection site must adhere 15
to the operations manual and other safety information provided to the 16
collection site by the battery stewardship organization.17
(b) Medium format batteries may only be collected at household 18
hazardous waste collection sites or other sites that are staffed by 19
persons who are certified to handle and ship hazardous materials 20
under federal regulations adopted by the United States department of 21
transportation pipeline and hazardous materials safety 22
administration. 23
(c)(i) Damaged and defective batteries are intended to be 24
collected at collection sites staffed by persons trained to handle 25
and ship those batteries. 26
(ii) Each battery stewardship organization must provide for 27
collection of damaged and defective batteries in each county of the 28
state, either through collection sites or collection events with 29
qualified staff as specified in (c)(i) of this subsection. Collection 30
events should be provided periodically throughout the year where 31
practicable, but must be provided at least once per year at a 32
minimum, in each county in which there are not permanent collection 33
sites providing for the collection of damaged and defective 34
batteries. 35
(iii) As used in this subsection, "damaged and defective 36
batteries" means batteries that have been damaged or identified by 37
the manufacturer as being defective for safety reasons, that have the 38
potential of producing a dangerous evolution of heat, fire, or short 39
circuit, as referred to in 49 C.F.R. Sec. 173.185 (f) as of January 1, 40
p. 19 SB 5045
2023, or as updated by the department by rule to maintain consistency 1
with federal standards. 2
(3)(a) Each battery stewardship organization implementing a 3
battery stewardship plan shall ensure statewide collection 4
opportunities for all covered batteries. Battery stewardship 5
organizations shall coordinate activities with other program 6
operators, including covered battery collection and recycle programs 7
and electronic waste recyclers, with regard to the proper management 8
or recycling of collected covered batteries, for purposes of 9
providing the efficient delivery of services and avoiding unnecessary 10
duplication of effort and expense. Statewide collection opportunities 11
must be determined by geographic information modeling that considers 12
permanent collection sites. A program may rely, in part, on 13
collection events to supplement the permanent collection services 14
required in (a) and (b) of this subsection. However, only permanent 15
collection services specified in (a) and (b) of this subsection 16
qualify towards the satisfaction of the requirements of this 17
subsection. 18
(b) For portable batteries, each battery stewardship organization 19
must provide statewide collection opportunities that include, but are 20
not limited to, the provision of: 21
(i) At least one permanent collection site for portable batteries 22
within a 15 mile radius for at least 95 percent of Washington 23
residents; 24
(ii) The establishment of collection sites that are accessible 25
and convenient to overburdened communities identified by the 26
department under chapter 70A.02 RCW, in an amount that is roughly 27
proportional to the number and population of overburdened communities 28
identified by the department under chapter 70A.02 RCW relative to the 29
population or size of the state as a whole; 30
(iii) At least one permanent collection site for portable 31
batteries in addition to those required in (b)(i) of this subsection 32
for every 30,000 residents of each urban area in this state. For the 33
purposes of compliance with this subsection (3)(b)(iii), a battery 34
stewardship organization and the department may rely upon new or 35
updated designations of urban locations by the United States census 36
bureau that are determined by the department to be similar to the 37
definition of urban areas in RCW 70A.555.010; 38
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(iv) Collection opportunities for portable batteries at special 1
locations where batteries are often spent and replaced, such as 2
supervised locations at parks with stores and campgrounds; and3
(v) Service to areas without a permanent collection site, 4
including service to island and geographically isolated communities 5
without a permanent collection site. 6
(c) For medium format batteries, a battery stewardship 7
organization must provide statewide collection opportunities that 8
include, but are not limited to, the provision of: 9
(i) At least 25 permanent collection sites in Washington;10
(ii) Reasonable geographic dispersion of collection sites 11
throughout the state; 12
(iii) A collection site in each county of at least 200,000 13
persons, as determined by the most recent population estimate of the 14
office of financial management; 15
(iv) The establishment of collection sites that are accessible to 16
public transit and that are convenient to overburdened communities 17
identified by the department under chapter 70A.02 RCW; and18
(v) Service to areas without a permanent collection site, 19
including service to island and geographically isolated communities. 20
A battery stewardship organization must ensure that there is a 21
collection site or annual collection event in each county of the 22
state. Collection events should be provided periodically throughout 23
the year where practicable, but must be provided at least once per 24
year at a minimum in each county in which there are not permanent 25
collection sites providing for the collection of damaged and 26
defective batteries. 27
(4)(a) Battery stewardship programs must use existing public and 28
private waste collection services and facilities, including battery 29
collection sites that are established through other battery 30
collection services, transporters, consolidators, processors, and 31
retailers, where cost-effective, mutually agreeable, and otherwise 32
practicable. 33
(b)(i) Battery stewardship programs must use as a collection site 34
for covered batteries any retailer, wholesaler, municipality, solid 35
waste management facility, or other entity that meets the criteria 36
for collection sites in the approved plan, upon the submission of a 37
request by the entity to the battery stewardship organization to 38
serve as a collection site. 39
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(ii) Battery stewardship programs must use as a site for a 1
collection event for covered batteries any retailer, wholesaler, 2
municipality, solid waste management facility, or other entity that 3
meets the criteria for collection events in the approved plan, upon 4
the submission of a request by the entity to the battery stewardship 5
organization to serve as a site for a collection event. A signed 6
agreement between a battery stewardship organization and the entity 7
requesting to hold a collection event must be established at least 60 8
days prior to any collection of covered batteries under a stewardship 9
program. All costs associated with collection events initiated by an 10
entity other than a battery stewardship organization are the sole 11
responsibility of the entity unless otherwise agreed upon by a 12
battery stewardship organization. A collection event under this 13
subsection (4)(b)(ii) must allow any person to discard each chemistry 14
and brand of covered battery at the collection event.15
(c)(i) A local government facility may collect batteries at its 16
own expense through a collection site or temporary collection event 17
that is not a collection site or event under the program implemented 18
by a battery stewardship organization. A local government facility 19
that collects covered batteries under this subsection must, in 20
accordance with procedures set forth in battery stewardship 21
organization plans approved by the department: 22
(A) Notify battery stewardship organizations of the local 23
government facility's decision to operate a collection site that is 24
not a collection site under a program established under this chapter;25
(B) Collect each chemistry and brand of covered battery at its 26
collection site or sites; 27
(C) Collect, sort, and package collected materials in a manner 28
that meets the standards established in a battery stewardship 29
organization plan approved by the department; 30
(D) Either provide the collected batteries to the battery 31
stewardship organization in lawful transportation containers for it 32
to transfer the collected batteries at a processing facility the 33
battery stewardship organization has approved, or transport to, or 34
arrange for the transportation of collected batteries for processing 35
at a facility that a battery stewardship organization has approved 36
under a plan approved by the department. 37
(ii) A local government facility that collects materials at a 38
collection site or temporary collection event operating outside of a 39
battery stewardship program must also report, to a battery 40
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stewardship organization, information necessary for the battery 1
stewardship organization to fulfill its reporting obligations under 2
RCW 70A.555.090. A battery stewardship organization may count 3
materials collected by a local government facility under this 4
subsection (4)(c) towards the achievement of performance requirements 5
established in RCW 70A.555.050. 6
(d) A battery stewardship organization may suspend or terminate a 7
collection site or service that does not adhere to the collection 8
site criteria in the approved plan or that poses an immediate health 9
and safety concern. 10
(5)(a) Stewardship programs are not required to provide for the 11
collection of battery-containing products. 12
(b) Stewardship programs are not required to provide for the 13
collection of batteries that: 14
(i) Are not easily removable from the product other than by the 15
manufacturer; and 16
(ii) Remain contained in a battery-containing product at the time 17
of delivery to a collection site. 18
(c) Stewardship programs are required to provide for the 19
collection of loose batteries. 20
(d) Stewardship programs are not required to provide for the 21
collection of batteries still contained in covered electronic 22
products under chapter 70A.500 RCW. 23
(6) Batteries collected by the program must be managed consistent 24
with the battery management hierarchy. Lower priority end-of-life 25
battery management options on the battery management hierarchy may be 26
used by a program only when a battery stewardship organization 27
documents to the department that all higher priority battery 28
management options on the battery management hierarchy are not 29
technologically feasible or economically practical.30
(7) The requirements of this section do not apply to electric 31
vehicle batteries, which must be collected in accordance with section 32
13 of this act.33
Sec. 15. RCW 70A.555.130 and 2023 c 434 s 14 are each amended to 34
read as follows: 35
(1) Beginning January 1, 2028, a producer or retailer may only 36
sell, distribute, or offer for sale in or into Washington a large 37
format battery, covered battery, or battery-containing product that 38
p. 23 SB 5045
contains a battery that is designed or intended to be easily 1
removable from the product, if the battery is: 2
(a) Marked with an identification of the producer of the battery, 3
unless the battery is less than one-half inch in diameter or does not 4
contain a surface whose length exceeds one-half inch; and5
(b) Beginning January 1, 2030, marked with proper labeling to 6
ensure proper collection and recycling, by identifying the chemistry 7
of the battery and including an indication that the battery should 8
not be disposed of as household waste. 9
(2) A producer shall certify to its customers, or to the retailer 10
if the retailer is not the customer, that the requirements of this 11
section have been met, as provided in RCW 70A.555.030.12
(3) The department may amend, by rule, the requirements of 13
subsection (1) of this section to maintain consistency with the 14
labeling requirements or voluntary standards for batteries 15
established in federal law. 16
(4)(a) Beginning January 1, 2029, any person who remanufactures 17
or repurposes an electric vehicle battery must relabel the 18
remanufactured or repurposed battery in accordance with labeling 19
standards adopted by rule by the department prior to selling, 20
distributing, or offering for sale in or into Washington the electric 21
vehicle battery.22
(b) For the purposes of this subsection:23
(i) "Remanufacture" means any repair or modification to an 24
electric vehicle battery resulting in the complete battery, or any 25
modules or cells of the battery, being used for the same purpose or 26
application as the one for which the battery was originally designed; 27
and28
(ii) "Repurpose" means any operations to an electric vehicle 29
battery resulting in the complete battery, or any modules or cells of 30
the battery, being used for a different purpose or application than 31
the one for which the battery was originally designed.32
Sec. 16. RCW 70A.555.140 and 2023 c 434 s 15 are each amended to 33
read as follows: 34
Effective July 1, 2027, for portable batteries and July 1, 2029, 35
for medium format batteries and electric vehicle batteries , or the 36
first date on which an approved plan begins to be implemented under 37
this chapter by a battery stewardship organization, whichever comes 38
first: 39
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(1) All persons must dispose of unwanted covered batteries 1
through one of the following disposal options: 2
(a) Disposal using the collection sites established by or 3
included in the programs created by this chapter; 4
(b) For covered batteries generated by persons that are regulated 5
generators of covered batteries under federal or state hazardous or 6
solid waste laws, disposal in a manner consistent with the 7
requirements of those laws; or 8
(c) Disposal using local government collection facilities that 9
collect batteries consistent with RCW 70A.555.070(4)(c).10
(2)(a) A fee may not be charged at the time unwanted covered 11
batteries are delivered or collected for management.12
(b) All covered batteries may only be collected, transported, and 13
processed in a manner that meets the standards established for a 14
battery stewardship organization in a plan approved by the 15
department, unless the batteries are being managed as described in 16
subsection (1)(b) of this section. 17
(3) A person may not place covered batteries in waste containers 18
for disposal at incinerators, waste to energy facilities, or 19
landfills. 20
(4) A person may not place covered batteries in or on a container 21
for mixed recyclables unless there is a separate location or 22
compartment for the covered battery that complies with local 23
government collection standards or guidelines. 24
(5) An owner or operator of a solid waste facility may not be 25
found in violation of this section if the facility has posted in a 26
conspicuous location a sign stating that covered batteries must be 27
managed through collection sites established by a battery stewardship 28
organization and are not accepted for disposal. 29
(6) A solid waste collector may not be found in violation of this 30
section for a covered battery placed in a disposal container by the 31
generator of the covered battery. 32
NEW SECTION. Sec. 17. A new section is added to chapter 70A.555 33
RCW to read as follows: 34
Nothing in this chapter repeals, limits, or alters the 35
department's authority under chapter 70A.300 RCW. 36
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