Bill Text: OR HB2938 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the recycling of batteries.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2938 Detail]

Download: Oregon-2013-HB2938-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2873

                         House Bill 2938

Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits persons from knowingly disposing of rechargeable
batteries as solid waste. Requires retailers and battery
manufacturers to establish recycling program and to fulfill
certain other requirements relating to rechargeable batteries.
  Establishes civil penalties for violation of provisions
relating to recycling of rechargeable batteries.
  Becomes operative on July 1, 2014.

                        A BILL FOR AN ACT
Relating to the recycling of batteries.
  Whereas the Legislative Assembly finds and declares that the
presence of toxic metals in discarded rechargeable batteries is a
matter of great concern in light of their adverse effect on
ground water quality when disposed of in sanitary landfill
facilities and their presence in emissions or residual ash when
incinerated at resource recovery facilities; and
  Whereas cadmium, lead and mercury found in rechargeable
batteries, on the basis of available scientific and medical
evidence, are of particular concern; and
  Whereas it is desirable to reduce the toxicity of waste
materials in the solid waste streams directed to resource
recovery and sanitary landfill facilities; and
  Whereas the removal of used rechargeable batteries containing
high levels of cadmium, lead or mercury from the solid waste
stream can have a significant beneficial impact on the quality of
the emissions and residual ash resulting from the incineration of
solid waste at resource recovery facilities and on ground water
quality in those regions where solid waste is disposed of in
sanitary landfill facilities; and
  Whereas the most effective and appropriate method to promote
the reduction of toxic metals from rechargeable battery disposal
is to require the battery industry to accept financial
responsibility for the environmentally sound collection,
transportation and recycling or proper disposal of used
rechargeable batteries; and
  Whereas the Legislative Assembly therefore determines that it
is in the best interests of all Oregonians to maximize the
removal of used rechargeable batteries from the solid waste
stream by banning the disposal of used rechargeable batteries
into the solid waste stream and requiring battery manufacturers

to take back and recycle the used rechargeable batteries that are
sold or disposed of in the State of Oregon; now, therefore,
Be It Enacted by the People of the State of Oregon:

                               { +
DECLARATION OF POLICY + }

  SECTION 1.  { + The Legislative Assembly declares that it is
the policy of this state:
  (1) To reduce environmental pollution from used rechargeable
batteries;
  (2) To reduce the toxicity of waste materials from used
rechargeable batteries in the solid waste stream directed to
resource recovery and sanitary landfill facilities;
  (3) To maximize the removal of used rechargeable batteries and
products that contain rechargeable batteries, and encourage the
recycling of used rechargeable batteries by battery
manufacturers, by banning the disposal of used rechargeable
batteries into the solid waste stream; and
  (4) To require battery manufacturers to take back and recycle
used rechargeable batteries sold or disposed of in Oregon. + }

                               { +
DEFINITIONS + }

  SECTION 2.  { + As used in sections 1 to 7 of this 2013 Act:
  (1) 'Battery manufacturer' means every person that:
  (a) Produces rechargeable batteries sold or distributed in
Oregon;
  (b) Packages rechargeable batteries sold or distributed in
Oregon;
  (c) Distributes rechargeable batteries produced or packaged for
sale in Oregon;
  (d) Has the right to produce or package rechargeable batteries
for sale or distribution in Oregon; or
  (e) Imports into the United States rechargeable batteries that
are sold or distributed in Oregon.
  (2) 'Consumer' means any individual who purchases one or more
rechargeable batteries, or products containing rechargeable
batteries at the time of sale, for personal use.
  (3) 'Place of business' means the location at which a retailer
sells or offers for sale to consumers rechargeable batteries or
products containing rechargeable batteries at the time of sale.
  (4)(a) 'Rechargeable battery' means:
  (A) Any rechargeable nickel-cadmium battery, sealed lead-acid
battery, lithium-ion battery or nickel-metal hydride battery;
  (B) A battery pack containing batteries specified in
subparagraph (A) of this paragraph; and
  (C) Any other dry cell battery weighing less than 25 pounds and
capable of being recharged.
  (b) 'Rechargeable battery' does not mean a battery used as the
principal electric power source for automobiles, boats, trucks,
tractors, golf carts or motorized wheelchairs, for storage of
electricity generated by solar or wind-driven generators or for
memory backup in an electronic device.
  (5)(a) 'Retailer' means a person that engages in the sale of
rechargeable batteries, or products containing rechargeable
batteries, to consumers in Oregon, through transactions conducted
through sales outlets or catalogs or by mail, telephone or the
Internet.
  (b) 'Retailer' does not mean a store selling primarily food and
food products for consumption or use off the premises and
occupying less than 14,000 square feet of display space. + }

                               { +
RECHARGEABLE BATTERY DISPOSAL BAN + }
  SECTION 3.  { + A person may not knowingly dispose of
rechargeable batteries as solid waste at any time in Oregon. + }

                               { +
RECHARGEABLE BATTERY RECYCLING PROGRAM + }

  SECTION 4.  { + (1)(a) Rechargeable batteries must be returned
to a retailer that sells rechargeable batteries that are similar
in shape, size and function to those to be disposed of.
  (b) Rechargeable batteries contained in electronic products
must be removed prior to disposal of the electronic products.
  (2)(a) A retailer having a place of business in Oregon must
accept from consumers during normal business hours used
rechargeable batteries of a similar shape, size and function as
the rechargeable batteries that the retailer offers for sale.
  (b)(A) A retailer having a place of business in Oregon must
accept up to 10 used rechargeable batteries per day from any
individual regardless of whether the individual purchases
replacement batteries; and
  (B) A retailer having a place of business in Oregon must accept
as many used rechargeable batteries as a consumer purchases from
that retailer.
  (c) A retailer having a place of business in Oregon must
conspicuously post and maintain, at or near the point of entry to
the retailer's place of business, a legible sign, not less than
8.5 inches by 11 inches in size, stating that used rechargeable
batteries of the shape, size and function sold or offered for
sale by the retailer may not enter the solid waste stream and
that the retailer's place of business is a collection site for
recycling of used rechargeable batteries. The sign shall state
the following in letters at least one inch in height: 'It is
illegal to dispose of rechargeable batteries in Oregon as solid
waste. We accept used rechargeable batteries for return to the
manufacturer. '
  (3) A retailer that sells rechargeable batteries through
catalogs or by mail, telephone or the Internet must provide at
the time of purchase or delivery to the consumer notice of an
opportunity to return used rechargeable batteries for recycling
at no cost to the consumer.
  (4) A retailer having a place of business in Oregon must
conspicuously maintain, at a location within the place of
business that is convenient for use by consumers, collection
boxes or other suitable receptacles, supplied by battery
manufacturers, into which consumers may deposit used rechargeable
batteries. + }
  SECTION 5.  { + (1) A battery manufacturer, or any group of
battery manufacturers working together, shall be responsible for:
  (a) At the battery manufacturer's or group's own expense,
arranging for the return and recycling of all used rechargeable
batteries collected by retailers.
  (b) By January 31 of each calendar year, submitting a plan to
the Director of the Department of Environmental Quality that
identifies the methods by which the battery manufacturer or group
will collect, transport and recycle used rechargeable batteries
collected by retailers at the expense of the battery manufacturer
or group.
  (c) By January 31 of each calendar year, submitting a report
concerning the amount of used rechargeable batteries received and
recycled within Oregon during the preceding calendar year, either
by number or by weight, the costs of such efforts and any other
information required pursuant to rules adopted by the
Environmental Quality Commission.
  (d) Undertaking efforts to educate consumers in Oregon about
the importance of recycling used rechargeable batteries.
  (2) The Director of the Department of Environmental Quality
shall:
  (a) Approve or reject any battery manufacturer's or group's
collection, transportation and recycling plan described in this
section within 30 days of submission and, if rejected, inform the
battery manufacturer or group in writing as to any deficiencies
in the plan. A battery manufacturer or group shall amend and
resubmit any rejected plan for reconsideration within 60 days of
notification of the rejection of the plan. The director shall
approve or reject the plan within 30 days of resubmission.
  (b) Analyze the information provided by battery manufacturers
or groups pursuant to subsection (1) of this section and report
by February 28 of each odd-numbered year to the Legislative
Assembly as provided in ORS 192.245. + }

                               { +
PENALTIES + }

  SECTION 6.  { + (1) Any person that violates section 3 of this
2013 Act is subject to a civil penalty in the amount of $50 for
the first violation, $100 for a second violation committed within
12 months of a prior violation and $200 for each subsequent
violation committed within 12 months of any prior violation.
  (2) Any retailer that violates section 4 of this 2013 Act is
subject to a civil penalty in the amount of $200 for the first
violation, $400 for a second violation committed within 12 months
of a prior violation and $500 for each subsequent violation
committed within 12 months of any prior violation.
  (3) Any battery manufacturer that violates section 5 of this
2013 Act is subject to a civil penalty in the amount of $2,000
for the first violation, $4,000 for a second violation committed
within 12 months of a prior violation and $5,000 for each
subsequent violation committed within 12 months of any prior
violation.
  (4) Civil penalties under this section shall be imposed by the
Department of Environmental Quality in the manner provided by ORS
183.745.
  (5) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses. + }
  SECTION 7.  { + The Environmental Quality Commission may adopt
rules as necessary to implement sections 1 to 7 of this 2013
Act. + }

                               { +
MISCELLANEOUS + }

  SECTION 8.  { + (1) Except as provided in subsection (2) of
this section, sections 1 to 7 of this 2013 Act become operative
on July 1, 2014.
  (2) The Environmental Quality Commission may adopt rules and
take any other action before the operative date specified in
subsection (1) of this section that is necessary to implement, on
and after the operative date specified in subsection (1) of this
section, sections 1 to 7 of this 2013 Act. + }
  SECTION 9.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
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