Bill Text: MI HB6160 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Environmental protection: recycling and waste utilization; recycling of single-use and rechargeable batteries; provide for. Amends heading of pt. 171 & secs. 17101, 17104, 17105b & 17107 of 1994 PA 451 (MCL 324.17101 et seq.); designates secs. 17101 - 17109 as subpt.1 of pt. 171, adds subpt. 2 to pt. 171 & repeals sec. 17105c of 1994 PA 451 (MCL 324.17105c). TIE BAR WITH: HB 6159'26
Sponsorship: Bipartisan Bill
Status: (Introduced) 2026-07-14 - Bill Electronically Reproduced 07/03/2026 [HB6160 Detail]
Download: Michigan-2025-HB6160-Introduced.html
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:
BATTERIES
SUBPART 1
BATTERY DISPOSAL
Sec. 17101. As used in this part:subpart:
(a) "Alkaline manganese battery" means a dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte.
(b) "Distributor" means a person who that sells batteries to retailers in this state.
(c) "Lead acid battery" means a storage battery, that is used to start an internal combustion engine or as the principal electrical power source for a vehicle, in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid.
(d) "Manufacturer" means a person who that produces batteries for sale in this state.
(e) "Mercuric oxide battery" means a dry cell battery that delivers an essentially constant output voltage throughout its useful life by means of a chemical reaction between zinc and mercuric oxide.
(f) "Nickel cadmium battery" means a sealed storage battery that has a nickel anode, a cadmium cathode, and an alkaline electrolyte, that is widely used in cordless appliances.
(f) (g) "Retailer" means a person who that sells or offers to sell batteries to consumers within this state.
(h) "Solid waste disposal area" means a disposal area as defined in part 115.
(g) (i) "Zinc carbon battery" means a dry cell battery containing manganese dioxide and zinc electrodes and an electrolyte consisting of ammonium chloride or a zinc chloride solution, or both.
Sec. 17104. (1) The department shall produce, print, and make available to retailers notices required by section 17103.
(2) A retailer who fails to post a notice required by this part subpart following warning by the department is subject to a civil fine of $25.00 per day of violation.
(3) A default in the payment of a civil fine ordered under this part subpart may be remedied by any means authorized under the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.101 to 600.9947 of the Michigan Compiled Laws.1961 PA 236, MCL 600.101 to 600.9947.
Sec. 17105b. (1) Beginning on January 1, 1996, a A person shall not sell, offer for sale, or offer for promotional purposes a button cell mercuric oxide battery for use in this state.
(2) Beginning on January 1, 1996, a person shall not sell, offer for sale, or offer for promotional purposes a mercuric oxide battery for use in this state unless the manufacturer does all of the following:
(a) Identifies a collection site that has all required government approvals, to which a person may send used mercuric oxide batteries for recycling or proper disposal after mercury is recovered from the battery.
(b) Informs each of its purchasers of mercuric oxide batteries of the collection site identified under subdivision (a).
(c) Informs each of its purchasers of mercuric oxide batteries of a telephone number that the purchaser may call to get information about returning mercuric oxide batteries for recycling or proper disposal.
(3) Subsection (2) does not apply to mercuric oxide button cell batteries.
Sec. 17107. (1) The department shall enforce this part.subpart.
(2) A person other than a retailer, distributor, or manufacturer who that knowingly disposes of lead acid batteries or mercuric oxide batteries in violation of this part subpart is guilty of a misdemeanor punishable by a fine of not more than $25.00, $100.00 plus the costs of prosecution. Each battery that is unlawfully disposed of is represents a separate violation.
(3) Except as otherwise provided in this part, subpart, a retailer, manufacturer, or distributor who that violates this part subpart is guilty of a misdemeanor punishable by imprisonment for not more than 60 days or a fine of not more than $1,000.00, or both, plus the costs of prosecution.
SUBPART 2
BATTERY STEWARDSHIP
Sec. 17123. (1) Beginning January 1, 2028, a producer shall not dispose of a covered battery or battery from a battery-containing product except through a stewardship program or other method approved by the department.
(2) Beginning January 1, 2029, a person shall not knowingly dispose of a covered battery or battery from a battery-containing product except through a stewardship program or other method approved by the department.
Sec. 17125. (1) Beginning July 1, 2028, a manufacturer, distributor, wholesaler, or retailer shall not sell, offer for sale, distribute for sale, or offer for promotional purposes a covered battery or battery-containing product unless the producer is an independent producer that has an approved stewardship plan or is a member of a stewardship organization that has an approved stewardship plan.
(2) Notwithstanding subsection (1), a manufacturer, distributor, wholesaler, or retailer may continue to sell, offer for sale, distribute for sale, or offer for promotional purposes a covered battery or battery-containing product if the battery or battery-containing product was manufactured before July 1, 2028 and meets 1 of the following requirements:
(a) For a battery, by October 1, 2028, the battery is sold and the entity sells or otherwise divests or disposes of the entity's remaining stock of batteries.
(b) For a battery-containing product, by October 1, 2029, the battery-containing product is sold and the entity sells or otherwise divests or disposes of the entity's remaining stock of battery-containing products.
Sec. 17127. (1) Not later than 180 days after the effective date of the amendatory act that added this section, each stewardship organization or independent producer shall submit to the department an application for approval of a proposed stewardship plan. The application must be in a format specified by the department and include a copy of the stewardship plan.
(2) For 30 days after the date the department receives an application under subsection (1), the department shall post the proposed stewardship plan on the department's publicly accessible website and provide an opportunity for public review and comment.
(3) Not later than 120 days after the receipt of an application under subsection (1), the department shall approve or reject the proposed stewardship plan and notify the applicant in writing. The department shall approve the proposed stewardship plan if the proposed stewardship plan complies with the requirements of this subpart.
(4) If the department rejects a proposed stewardship plan, the notice under subsection (3) must include the specific reasons for the rejection.
(5) Not later than 45 days after receiving a notice of rejection under subsection (3), the applicant shall resubmit an application with a modified proposed stewardship plan. Not later than 45 days after receipt of the resubmitted application, the department shall do both of the following:
(a) Approve the modified proposed stewardship plan or revise the modified proposed stewardship plan to meet the requirements of this subpart and approve the modified proposed stewardship plan as revised.
(b) Notify the applicant in writing of the department's action under subdivision (a). If the department revises the modified proposed stewardship plan, the notice must include the specific reasons for the revision.
(6) A stewardship organization or independent producer shall implement its stewardship program no later than 180 days after the department approves the stewardship plan.
(7) A stewardship plan must be amended using the same procedure as provided for the adoption of the original stewardship plan.
Sec. 17129. (1) A stewardship plan must include all of the following:
(a) The name of and contact information for all of the following:
(i) Each producer covered by the stewardship plan.
(ii) The stewardship organization, if there is more than 1 producer covered by the stewardship plan.
(b) The brands of batteries and battery-containing products covered by the stewardship plan.
(c) A description of how the stewardship program's performance is assessed, including the use of the performance goals under section 17135.
(d) A description of how the stewardship organization or independent producer shall provide for the convenient collection of batteries from consumers as required by the convenience standard provided for in this subpart.
(e) A list of all key participants in the stewardship program, including all of the following:
(i) The name and address of, and other contact information for, each collection site accepting batteries under the plan.
(ii) The name and address of, and other contact information for, each transporter or contractor collecting batteries from a collection site.
(iii) The name and address of, and other contact information for, the processing and recycling facilities engaged in end-of-life management of the collected batteries.
(f) A description of the education and outreach required by this subpart.
(g) Other information as required by this subpart.
(h) Relevant information required by the department by rule.
(2) A stewardship plan must have a term not to exceed 4 years, subject to the independent producer or stewardship organization remaining in compliance with the requirements of this subpart and the terms of the stewardship plan.
Sec. 17131. (1) A stewardship plan must provide for battery collection that meets all of the following requirements:
(a) Is without cost to consumers, retailers, local governments, or this state.
(b) Is regular, convenient, and accessible.
(c) Is statewide. This subdivision does not apply to an independent producer that is a retailer with retail locations in this state and collects batteries at all the locations on a continuous basis.
(2) Subject to section 17135, a stewardship plan must provide for not less than 2 collection sites per county and 1 collection site per 10,000 people in a county, with a reasonable geographic distribution of collection sites, considering accessibility to public transit. The stewardship plan must explain the geographic distribution described under this subsection.
(3) The stewardship organization shall ensure the availability of at least 1 collection site per county that accepts all batteries and 1 additional per 100,000 people in this state.
(4) A retailer may collect batteries if the batteries the retailer collects are similar in shape, size, and function to those sold by the retailer. A retailer of covered batteries is not required to make retail locations available to serve as collection sites for a stewardship program operated by a stewardship organization. A retailer that serves as a collection site may participate in an approved stewardship plan and comply with the requirements for collection sites, consistent with section 17129.
(5) A retailer that is not participating as a collection site under subsection (4) or section 17121(t)(iii) may participate, on a voluntary basis, as a designated collection site under a stewardship program.
(6) Any retailer participating as a collection site shall do all of the following:
(a) Accept from consumers at any time during normal business hours batteries of a similar size and shape as the retailer offers for sale.
(b) Accept the greater of the following, as applicable:
(i) Up to 10 batteries per day from any person regardless of whether the person purchases replacement batteries.
(ii) As many batteries as the consumer has purchased from the retailer.
(7) If a retailer participates as a collection site under subsection (4) or section 17121(t)(iii), a retailer that sells batteries to consumers in this state by a means other than a retail store, including, but not limited to, by catalog, mail, telephone, or the internet, shall provide to the consumer, at the time of purchase or delivery, notice of an opportunity to return used batteries for reuse or recycling at no cost to the consumer.
(8) The operator of a battery collection site designated under a stewardship plan shall do all of the following:
(a) Complete a safety tutorial on how to safely manage batteries and review safety guidance that is provided by the stewardship organization or independent producer.
(b) Prominently display at the collection site the availability of drop-off for batteries.
(c) Staff and operate the collection site to ensure that batteries are safely collected and handled.
(9) The department shall provide guidance to collection sites on safe storage and collection of batteries.
(10) A stewardship organization or independent producer is responsible for the costs of all of the following:
(a) Providing battery collection containers to each collection site designated under its stewardship program. The operator of a collection site is not required to make available more than 1 battery collection container at the collection site.
(b) Ongoing safety training of collection site staff.
(c) Items necessary for safe collection, including, but not limited to, both of the following:
(i) Materials to collect and manage batteries.
(ii) Scale-appropriate equipment to prevent battery fires or thermal events in storage and transport, including, but not limited to, containers and cushioning materials.
(11) A stewardship organization or independent producer shall provide a collection container and a safety tutorial on how to safely manage batteries to any business that requests a collection container for collection of batteries generated solely by the operations of that business.
(12) In consultation with the department and other relevant parties, a stewardship organization or independent producer shall develop strategies for collecting batteries in areas that face special challenges regarding proper waste management, including, but not limited to, poverty, language barriers, and illegal dumping.
(13) A stewardship organization shall use existing public and nonprofit waste collection services and facilities, and may use private waste collection services and facilities, including, if cost-effective, mutually agreeable, and otherwise practicable, collection sites established through other battery collection programs, services, transporters, consolidators, processors, and retailers.
(14) If a stewardship organization or independent producer operates a collection site or facility that handles medium-format batteries, the stewardship organization or independent producer shall ensure the collection site or facility staff is trained in accordance with federal law regarding the handling of medium-format batteries.
Sec. 17132. (1) A battery recycler may operate a publicly accessible fee-based battery collection program independently of a stewardship organization at no cost to a consumer. A battery recycler may operate not more than 10 publicly accessible non-fee-based collection sites.
(2) An entity that does not meet the definition of a battery recycler but operates a battery collection program, including, but not limited to, environmental services companies, recycling and solid waste collectors, e-waste collectors, and scrap yards, may collect or receive covered batteries if the entity has an agreement with a stewardship organization or a battery recycler to collect or receive covered batteries.
(3) A battery recycler collecting or receiving covered batteries independent of a stewardship organization shall satisfy all of the following:
(a) Register with the department on an annual basis regarding the entity's intent to receive or collect batteries in accordance with subsection (4).
(b) Offer collection site training to staff.
(c) Accept all covered batteries.
(d) Receive no compensation from a stewardship organization unless the entity has an agreement with the stewardship organization.
(e) Before June 1, 2030 and each June 1 after, provide an annual report to the department that includes all of the following information:
(i) The addresses of all publicly accessible collection sites.
(ii) The weight of the covered batteries collected.
(iii) The recycling efficiency rate of covered batteries.
(iv) Description of how covered batteries are transported, sorted, managed, and processed.
(f) A description of how covered batteries are transported to, and sorted, managed, and processed by, a treatment, storage, and disposal facility permitted under 42 USC 6925.
(4) The department shall create and maintain a registry of battery recyclers collecting batteries under this section.
(5) A battery recycler registered with the department in accordance with subsection (4) shall pay an annual fee of $1,000.00.
(6) The department shall count the weight of covered batteries collected by a battery recycler toward a stewardship organization's total weight of batteries and report the total weight of batteries to the stewardship organization not later than 1 month before the stewardship organization is required to submit its annual report under section 17143.
Sec. 17133. (1) A stewardship plan must require the stewardship organization or independent producer to pay all costs for end-of-life management of batteries, education and outreach, and administration. These activities must comply with all applicable local, state, and federal laws.
(2) A stewardship plan must include an anticipated annual budget for the stewardship program, itemized as costs for end-of-life management of batteries, education and outreach, and administration, along with a description of the financing method used to implement the stewardship plan. The budget must fund, at a minimum, the staff responsible for implementing the stewardship plan in this state and include funds for costs under subsection (6) and fees under section 17147.
(3) A stewardship plan must contain provisions regarding the management of damaged and defective batteries, including, but not limited to, all of the following:
(a) Damaged and defective batteries must be collected at collection sites staffed by individuals trained to handle and process damaged and defective batteries.
(b) Each stewardship organization must equitably share the cost of collecting damaged and defective batteries in each county of this state, either through collection sites or collection events. Collection events must be provided periodically throughout the year, if practicable, and a minimum of once a year in each county without a permanent collection site for the collection of damaged and defective batteries.
(c) As used in this subsection, "damaged and defective battery" means any of the following:
(i) A battery that has been damaged or is identified by the manufacturer as being defective for safety reasons.
(ii) A battery that has the potential to produce a dangerous evolution of heat or fire, or short circuit, as described in 49 CFR 173.185(f).
(4) A stewardship organization or independent producer shall establish a funding mechanism that will generate sufficient funds to carry out its stewardship program, including the administrative, operational, and capital costs of the stewardship program. The funding mechanism must be structured with different rates that take into account the financial burden that each particular type of battery has on the stewardship program and the battery's environmental and natural resource costs.
(5) The rates established under subsection (4) may be based on weight of batteries sold, the market share of the producer, or another unit of measurement.
(6) A stewardship organization or independent producer shall reimburse local governments for actual, reasonable costs incurred as a result of a local government facility serving as a collection site under a stewardship plan.
(7) A stewardship organization or independent producer shall not expend revenue from the stewardship program for either of the following purposes:
(a) To pay a fine under section 17159.
(b) To pay costs associated with litigation between the stewardship organization or an independent producer and this state.
Sec. 17135. (1) A stewardship plan must include annual performance goals that are approved by the department as reasonable based on the purposes of this subpart.
(2) Performance goals for each of the first 3 years of implementation of the stewardship plan must be based on the estimated total weight of batteries that have been sold or offered for sale in this state in the previous 3 calendar years by a stewardship organization or independent producer.
(3) Every 2 years following approval of its stewardship plan, a stewardship organization or independent producer shall update the performance goals by amending the stewardship plan under section 17127.
(4) If a stewardship organization or independent producer does not meet a performance goal, the stewardship organization or independent producer shall amend the stewardship plan under section 17127 to provide for more outreach, additional education and outreach materials, or improved collection accessibility as needed.
(5) A stewardship organization or independent producer shall not reduce or cease collection, education and outreach, or other activities implemented under its stewardship plan even if it has achieved the performance goals.
(6) Two years and then 5 years after the implementation of a stewardship plan, and every 5 years after, a stewardship organization shall conduct a survey of public awareness of outreach efforts and participation in programs administered under this subpart. Stewardship organizations may conduct this survey jointly. The results of the surveys conducted under this subsection must be shared with the department.
Sec. 17137. (1) A stewardship plan must include a description of the education and outreach that will be undertaken by the stewardship organization or independent producer for the following purposes:
(a) To inform consumers about the stewardship program, including, at a minimum, all of the following:
(i) That there is a free collection program for batteries.
(ii) The location of the collection sites.
(iii) How to access the stewardship program.
(b) To establish, train staff for, and monitor collection sites.
(c) To encourage participation by collection sites and consumers throughout this state on an ongoing basis.
(2) The education and outreach described under subsection (1) must be suitable for this state's diverse ethnic populations and employ translated and culturally appropriate materials.
(3) If multiple stewardship organizations or independent producers are implementing stewardship plans, the stewardship organizations or independent producers shall coordinate in complying with this section.
Sec. 17139. (1) A stewardship organization or independent producer shall do all of the following:
(a) Maintain a publicly accessible website that includes all of the following:
(i) A copy of its stewardship plan.
(ii) The name of the producer or names of the producers covered by each stewardship plan.
(iii) A list of brands covered by each stewardship plan.
(iv) A copy of all annual reports submitted under section 17143.
(b) Provide consumers, participating retailers, distributors, government agencies, nonprofit organizations, and all collection sites with education and outreach materials describing collection opportunities for batteries under the stewardship plan.
(c) Provide collection sites designated under the stewardship plan with identifying signs.
(2) If a retailer sells or offers for sale batteries, the stewardship organization of which the producer is a member or the producer, if it is an independent producer, shall notify the retailer of the stewardship program and provide the retailer with information necessary to comply with this subpart.
(3) A retailer that sells a battery or battery-containing product to a consumer in this state shall, at the time of sale, provide the consumer with information received by the retailer from the stewardship organization or independent producer under subsection (1)(b).
(4) Beginning January 1, 2029, a producer or retailer may sell, distribute, or offer for sale in this state a covered battery, or battery-containing product that contains a battery that is designed or intended to be easily removable from the product, only if the battery is marked with all of the following:
(a) Identification of the producer of the battery.
(b) Identification of the chemistry of the battery.
(c) An indication that the battery should not be disposed of as household waste.
(5) If a battery can fit entirely, in any orientation, into a small parts cylinder as described in 16 CFR 1501.4, the markings described in subsection (4)(a) and (c) may be placed on the packaging of the battery or battery-containing product.
Sec. 17141. (1) A stewardship plan must ensure that transfer and recycling occur in a manner that complies with applicable federal, state, and local laws and regulations.
(2) The stewardship plan must address all of the following:
(a) How the stewardship organization or independent producer ensures that responsible management is maintained up to and through final disposition of the battery.
(b) Arrangements the stewardship organization or independent producer has made with processors to ensure that materials are recycled.
(c) How the program will help this state achieve this state's target recycling efficiency rate of not less than 60% for rechargeable batteries and not less than 70% for primary batteries.
Sec. 17143. (1) Before June 1, 2030 and each June 1 after, a stewardship organization or independent producer shall submit to the department an annual report describing the activities carried out under the stewardship plan during the previous calendar year. The report must include, at a minimum, all of the following information:
(a) Any update to the information under section 17129(1)(a) or (b).
(b) The weight of batteries collected. The weight of batteries must be counted only once and may not be counted by more than 1 stewardship organization or independent producer. The weight of batteries must be itemized in accordance with all of the following:
(i) County or collection site.
(ii) Chemistry type and whether rechargeable or nonrechargeable.
(c) A description of progress made toward the stewardship organization or independent producer's performance goals, including, but not limited to, all of the following:
(i) A summary of how program implementation compared to performance goals.
(ii) An explanation of why performance goals were not met, if applicable.
(iii) An evaluation of the effectiveness of methods and processes used to achieve the performance goals and how methods and processes can be improved.
(d) A description of the collection sites that includes all of the following information:
(i) The address and contact information, including website links, for each collection site.
(ii) A map identifying the location of each collection site.
(iii) An assessment of collection convenience and accessibility.
(e) A description of the manner in which batteries were collected, transported, sorted, consolidated, and otherwise processed, including, but not limited to, all of the following:
(i) How the collected batteries were recycled, including the weight and chemistry of material recycled.
(ii) What facilities processed the batteries, including a summary of any violations of environmental laws and regulations over the previous 3 years at each facility.
(iii) Recycling efficiency rates.
(f) A description of the education and outreach materials disseminated under the stewardship plan and examples of those materials.
(g) A description of any coordination between the stewardship organization or independent producer and other stewardship organizations or independent producers in undertaking education and outreach under this subpart.
(h) An evaluation of the success of the education and outreach efforts and ideas for improvement.
(i) A description of the effectiveness of strategies described in section 17131(12).
(j) The costs of implementation of the stewardship plan, including the costs of end-of-life management of batteries, and education and outreach efforts and an anticipated budget for the next calendar year.
(2) A stewardship organization or independent producer shall retain all records related to a stewardship program for not less than 7 years and make the records available to the department for inspection on request during normal business hours.
Sec. 17147. (1) The department shall charge a reasonable annual administrative fee to stewardship organizations and independent producers to cover the department's costs following the submission of a stewardship plan. The department shall provide notice to a stewardship organization or independent producer by April 1 each year of the annual fee for the upcoming calendar year. The department shall forward fees collected by the department under this section to the state treasurer for deposit as provided in subsection (3).
(2) The battery stewardship fund is established in the state treasury.
(3) The state treasurer shall deposit into the fund money and other assets received from fees under subsection (1) or from any other source directed to the fund. The state treasurer shall control the investment of money in the fund and credit interest and earnings from the investments to the fund.
(4) The department is the administrator of the fund for audits of the fund.
(5) The department shall expend money from the fund, on appropriation, only to pay the costs of implementing this subpart.
Sec. 17149. Every year, the department shall prepare, post on the department's publicly accessible website, and submit to the legislature a report on the implementation of this subpart. The report must include all of the following:
(a) The weight of batteries collected under stewardship programs.
(b) Recommendations for any amendments to this subpart.
Sec. 17151. A local unit of government that separately collects batteries at multifamily dwellings shall ensure that container placement is accessible to residents, including individuals who use a wheelchair.
Sec. 17155. (1) Except as provided in subsections (2) and (3), information obtained by the department under this subpart is a public record subject to disclosure as provided in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) A person regulated under this subpart may designate a record, application, other information, or a portion of a record, application, or other information furnished to or obtained by the department or the department's agents as being only for the confidential use of the department. The total collective weight of batteries collected under a stewardship plan may not be designated as confidential.
(3) The department may release any information obtained under this subpart, including a record, permit application, or other information designated as confidential under subsection (2), to the United States Environmental Protection Agency or other agency authorized to receive information, including confidential information, under 42 USC 6901 to 6922k.
(4) The department may publish information designated as confidential under subsection (2) in a summary or aggregated form that does not directly or indirectly identify stewardship organizations, producers, distributors, or retailers.
(5) The department may require that a stewardship organization or battery recycler submit a version of a report required under this subpart that does not contain trade secret information and is available for public inspection and review.
Sec. 17157. (1) By January 1, 2029, a stewardship organization shall complete an assessment of the opportunities and challenges associated with the end-of-life management of portable and medium-format batteries that are not intended or designed to be easily removed by a user and that are contained either in battery-containing products, that are not covered electronic devices subject to part 173. A stewardship organization handling a battery-containing product is required to manage only the battery from the product, not the product itself.
(2) The stewardship organization shall consult with the department and interested stakeholders when completing the assessment under subsection (1). The assessment must identify adjustments to the stewardship program established under this act that would maximize public health, safety, and environmental benefit.
(3) The assessment under subsection (1) must consider all of the following:
(a) Different battery-containing products.
(b) Current categories and methods by which uses of unwanted battery-containing products are managed in this state, nearby states, and other jurisdictions.
(c) Challenges posed by the potential collection, management, and transport of battery-containing products, including, but not limited to, challenges associated with removing embedded batteries.
(d) Which criteria of this act may apply to battery-containing products in a manner that is identical or analogous to the requirements applicable to covered batteries.
Sec. 17159. (1) The department may request that the attorney general bring an action in the name of the people of this state, or a municipality or county may bring an action based on facts arising within its boundaries, for any appropriate relief, including injunctive relief, for a violation of this subpart.
(2) In addition to any other relief provided by this section, the court may impose on a consumer that disposes of a battery in violation of this subpart a civil fine of not more than $100.00.
(3) Except as provided in subsection (2), the court may impose on a person that violates this subpart a civil fine as follows:
(a) Except as provided in subdivision (b), not more than $10,000.00 for each day of violation.
(b) For a second or subsequent violation, not more than $25,000.00 for each day of violation.
(4) Each day that a violation of this subpart continues or exists represents a separate offense. The prosecutor of the county in which a violation occurred or the attorney general may bring an action to collect a civil fine under this section. A civil fine collected must be deposited in the battery stewardship fund created in section 17147.
Sec. 17161. (1) Stewardship organizations and independent producers acting in compliance with this subpart may negotiate, enter into agreements, share costs, and conduct business with each other in compliance with this subpart in ways that may affect competition. A stewardship organization or independent producer must not be prosecuted, held liable, or subject to penalties or damages under the Michigan antitrust reform act, 1984 PA 274, MCL 445.771 to 445.788, for actions in compliance with this subpart, including, but not limited to, the following:
(a) The creation, implementation, or management of a stewardship organization or stewardship plan.
(b) The cost and structure of a stewardship program.
(c) The types or quantities of batteries recycled or otherwise managed under this subpart.
(2) An action taken by a producer, a group of producers, or a stewardship organization to increase the recycling of batteries in compliance with this subpart that affects the types or quantities of batteries recycled or the cost and structure of any stewardship program is not a violation of the Michigan antitrust reform act, 1984 PA 274, MCL 445.771 to 445.788, if the action does not constitute an agreement that restricts the geographic area in which batteries are sold or the consumers to whom batteries are sold.
(3) An owner or operator of a solid waste or material utilization facility may not be found in violation of this subpart if the facility has posted in a conspicuous location a sign stating that covered batteries must be managed through collection sites established by a stewardship organization or independent producer and are not accepted for disposal.
(4) A solid waste or recycling hauler may not be found in violation of this subpart for a covered battery placed in a disposal container by the generator of the covered battery.
(5) This subpart does not preempt a state law or local ordinance that does any of the following:
(a) Requires the collection and recycling of recyclables in a greater quantity than required under this subpart.
(b) Prohibits the sale or distribution of products that are not prohibited under this subpart.
(c) In any other way exceeds the requirements of this subpart.
Enacting section 1. Section 17105c of the natural resources and environmental protection act, 1994 PA 451, MCL 324.17105c, is repealed.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S06474'26) or House Bill No. 6159 (request no. H06474'26) of the 103rd Legislature is enacted into law.
