2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 7E - Battery Producer Responsibility › § 8–771.03. Battery stewardship plan

§ 8–771.03. Battery stewardship plan.
(a) A proposed battery stewardship plan shall include, at a minimum:
(1) A list of producers and brands, including:
(A) All producers participating in the battery stewardship plan and contact information for each of the participating producers;
(B) The brands of batteries and battery-containing products covered by the battery stewardship plan; and
(C) Brands of products meeting the exemption described in § 8-771.01(2)(B) that contain batteries supplied by producers participating in the battery stewardship plan;
(2) An anticipated annual budget for the battery stewardship plan, broken down into administrative, collection, transportation, disposition, and communication costs, along with a description of the financing method used to implement the battery stewardship plan. The budget shall fund, at a minimum, staff responsible for implementing the battery stewardship plan in the District and include funds for fees administered by DOEE. The budget may not include legal fees or costs related to legislative efforts;
(3) Economically and technically feasible performance goals for each of the first 3 years of implementation of the battery stewardship plan that are based on the estimated total weight of primary and rechargeable batteries that have been sold in the District in the previous 3 calendar years by the producers participating in the battery stewardship plan;
(4) A description of how the battery stewardship organization will provide for the convenient collection of primary and rechargeable batteries from consumers as required by § 8-771.02(a). At a minimum, the battery stewardship plan shall provide for a minimum of one collection site per 10,000 people in the District, with a reasonable geographic spread of collection sites across all 8 wards, taking into account accessibility to public transit, and an explanation for the geographic spread; except, that DOEE shall not require the collection site minimum in this paragraph to be met in the first year of implementation of the plan if the plan provides a reasonable timetable for achieving that requirement;
(4A) A description of how the battery stewardship organization will develop strategies, in consultation with DOEE and other relevant parties, for collecting primary and rechargeable batteries in areas and communities that face environmental justice challenges associated with waste management;
(5) A description of how the battery stewardship organization will arrange for components of the discarded batteries to be recycled to the maximum extent economically and technically feasible, in a manner that is environmentally sound and safe for waste management workers;
(6) A list of all key participants in the battery collection program, including:
(A) The names of the collection sites accepting batteries under the plan, including the address and contact information for each collection site;
(B) The name and contact information of a transporter or contractor collecting batteries from the collection sites; and
(C) The name, address, and contact information of the recycling facilities that process the collected batteries;
(7) A description of the education and outreach that will be used to inform consumers about the battery collection program, which must, at a minimum, notify the public that there is a free collection program for all primary and rechargeable batteries as well as the location of the collection sites and how to access the battery collection program; and
(8) Other information as required by the Mayor through rulemaking.
(b)(1)(A) Within 120 days after receipt of a proposed battery stewardship plan or a proposed amendment to a plan, DOEE shall determine whether the plan or amendment complies with the requirements of this section. DOEE shall notify the applicant of the plan or amendment approval or rejection in writing. If DOEE rejects a proposed plan or amendment, DOEE shall include the reasons for rejecting the plan or amendment.
(B) An applicant whose plan or amendment to a plan is rejected by DOEE shall submit a revised plan or amendment within 45 days after receiving the notice of rejection. DOEE shall review the revised plan or amendment, issue an order approving or disapproving the revised plan or amendment, and notify the applicant of the decision within 45 days after receipt of the revised plan or amendment. An applicant whose revised plan or amendment is rejected by DOEE may appeal the decision to the Office of Administrative Hearings, pursuant to Chapter 18 of Title 2.
(C) In the event of an appeal of an initial plan's disapproval, obligations of the battery stewardship organization and producers under this chapter may be stayed in their entirety until final disposition of the appeal. In the event of an appeal of an amended plan's disapproval, obligations of the battery stewardship organization and producers, including collection and remittance of fees to the battery stewardship organization, under this chapter shall remain in accordance with the previously approved plan until final disposition of the appeal.
(2) DOEE shall post all proposed battery stewardship plans, and any proposed amendments pursuant to subsection (c) of this section or § 8-771.05(b), on its website for 30 days after the date the application is submitted and provide an opportunity for public review and comment.
(b-1) The battery stewardship organization may propose or DOEE may require an amendment to a battery stewardship plan to improve program functioning or if a change in District law or regulation necessitates a revision in the plan.
(c) Every 2 years following approval of the battery stewardship plan, the battery stewardship organization shall submit amended performance goals to DOEE for approval, based on the implementation of the program up until that point and current economic and technical feasibility. DOEE may require a battery stewardship organization to make other revisions to the plan at this time through a plan amendment if the performance goals under the battery stewardship plan are not being met after 2 years of plan implementation.
(d) Any battery collection site designated under a plan shall:
(1) Complete a safety tutorial on how to safely manage batteries, to be provided by the battery stewardship organization implementing the stewardship plan;
(2) Prominently display the availability of drop-off at their location; and
(3) Provide for the acceptance of up to 100 batteries per visit, and accept all primary and rechargeable batteries regardless of type or brand.
(Feb. 26, 2015, D.C. Law 20-154, § 130; as added Mar. 16, 2021, D.C. Law 23-211, § 2(q), 68 DCR 00068; Nov. 13, 2021, D.C. Law 24-45, § 6062(f), 68 DCR 010163; Mar. 10, 2023, D.C. Law 24-320, § 2(c), 70 DCR 859.)
Applicability
Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.
Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.
Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the creation of this section by § 2(q) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(c) of Battery and Electronic Stewardship Emergency Amendment Act of 2022 (D.C. Act 24-559, Oct. 17, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 6062(f) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(c) of Battery and Electronic Stewardship Temporary Amendment Act of 2022 (D.C. Law 24-223, Dec. 21, 2022, 69 DCR 13973).