Batteries

by Suna Bayrakal, Director, Policy & Programs

After Governor Jay Inslee signed Washington State’s new legislation on May 11th, it became the 10th state – plus Washington D.C. – to enact a battery EPR law. This law shows the strong and steady trend towards state battery EPR laws that include a broad scope of both single and rechargeable batteries, with best practices that are standards in all effective EPR laws – such as performance goals and convenience standards. Each passage of an EPR for batteries law has increased the types that are included: Washington is the first state to include e-mobility devices and to study the opportunities and challenges of managing large-format batteries and batteries that are embedded in products, such as electronics.

Vermont enacted the nation’s first single-use household battery EPR law in 2014, which PSI helped pass: In its first year of implementation, that state increased collection by more than 180 percent. More recently, PSI provided technical support to incorporate best practices from our model battery EPR legislation into the Washington DC law enacted in 2021, which is the first single-use and rechargeables battery EPR law in the nation that also addresses battery-containing products. PSI is currently working in New York State to amend the 2010 Rechargeable Battery Law so that it includes e-Mobility devices, in order to decrease the potential for fires that have been rampant in New York City because of lithium-ion batteries in e-bicycles. 

Last year, representatives from 10 states joined our battery stakeholder group to develop PSI’s next-generation battery EPR legislative model, elements of which were included in the California law enacted in 2022 that was championed by the California Product Stewardship Council and Californians Against Waste, which also covered single use and rechargeable batteries. 

Washington’s new law was spearheaded by Heather Trim at Zero Waste Washington and PSI’s state and local members including Megan Warfield at the Washington State Department of Ecology and McKenna Morrigan at Seattle Public Utilities. The law includes best practice elements of battery EPR legislation, which are also included in PSI’s model. This law will create a statewide battery stewardship program for Washington that is managed and sustainably funded by producers, reducing greenhouse gas emissions and removing toxic substances from the waste stream. It is consistent with EPR best practices as it includes: 

• Performance goals to drive program effectiveness. 
• Convenience standards to ensure that the program is accessible state-wide. 
• Education and outreach, including resources targeted at overburdened and vulnerable communities to raise public awareness about how to recycle batteries. 
• Annual reporting to monitor program implementation. 

The law also contains other elements of successful programs, including material fees that incentivize environmental performance, a stewardship plan, and opportunities to improve the plan as the program is implemented and matures. Local governments will have the opportunity to participate in the program and be reimbursed by producers for their costs of collection; they will also save money as transportation and processing costs are assumed by producers.  

By October 2027, the Department of Ecology must complete an assessment and submit findings to the legislature on the opportunities and challenges associated with the end-of-life management of batteries not covered by the legislation, including large-format batteries and those in battery-containing products that are embedded and/or not designed to be easily removed. The assessment must consider which criteria of the legislation should apply to these batteries and battery-containing products. By April 2024, the Department of Ecology must also submit a report to the legislature on policy recommendations for the collection and management of electric vehicle batteries.   

Large format batteries that weigh more than 25 pounds, such as those used in electric vehicles, solar power systems, and data centers, are expected to experience significant market growth in the coming years. If these batteries are not collected and recycled, they will increase in the waste stream. Similarly, battery-embedded products either end up in the waste stream or are sent to battery/electronics recycling centers, where they are expensive to dispose of. Leading EPR battery programs in British Columbia and the European Union have already taken a step toward including a broader product scope that covers larger batteries and battery-embedded products. Some battery producers have global markets and sell into these jurisdictions and will have to meet these requirements there.  

Washington already has significant experience passing and implementing EPR programs for electronics and mercury-containing lamps and has more recently enacted stewardship programs for solar panels, pharmaceuticals, and paint, all of which are based on the fundamental principles of EPR. These laws improve collection convenience, build better supply chains, protect the environment and human health, and create jobs – all while significantly reducing the financial and management burden on local governments. We look forward to similarly positive outcomes from this new battery law! 

by Rachel Lincoln Sarnoff, Marketing and Communications Director

2023 legislative sessions are now underway and many extended producer responsibility (EPR) bills were first out of the gate! There is an unprecedented momentum for these bills. Both Connecticut Governor Ned Lamont and New York Governor Kathy Hochul have indicated their backing, representing an unprecedented level of support for the passage of packaging EPR legislation in these states.  

During legislative session, we monitor activity on bills requiring new EPR programs or amending existing EPR laws in the United States; this information is shared with our Members and Partners through emailed Legislative Updates and is also available to them in our Legislation Library. At press time, these are the bills that had been introduced: 

• Battery EPR in New York and Washington; on January 17th, the District of Columbia enacted their Batteries and Electronics amendment. Our model EPR legislation informed the first EPR law for all single-use household batteries, enacted in Vermont, as well as battery bills introduced in states across the country from 2015 to 2020, and, in 2021, the first battery EPR law for single-use and rechargeable batteries, as well as battery-containing products, which was enacted in Washington, D.C. Learn more about our perspective on battery EPR by clicking here. 
• Household hazardous waste (HHW) EPR in Vermont. Although no HHW EPR program currently exists in the United States, they have operated successfully in Canada since the 1990s: In Manitoba, collection volumes increased four-fold in the first five years of program implementation. PSI’s research fueled the introduction of HHW EPR bills in both Oregon and Vermont. Learn more about our perspective on HHW EPR by clicking here.
• Packaging EPR in Maryland, New York, Washington, and New Jersey (originally introduced in 2022 and still active). In 2016, we developed our model packaging EPR legislation, then updated it in 2019 with input from industry and government. Maine and Oregon used our model to enact packaging EPR laws in 2021, Colorado followed suit in 2022 and, that same year, California also enacted legislation that was informed by our model. Learn more about our perspective on packaging EPR by clicking here.
• Paint EPR in Missouri, which, if passed, would be the state’s first EPR law. Beginning in 2003, PSI convened and facilitated a multi-stakeholder dialogue that included participation and support from the paint industry, state and local governments, the U.S. Environmental Protection Agency (EPA), and recycled paint manufacturers to develop a consensus model for paint EPR legislation. In 2009, Oregon used our model to enact the country’s first paint EPR law; since then, we have helped pass paint EPR legislation built on the same model. Today, there are paint EPR laws in 10 states and the District of Columbia. Learn more about our perspective on paint EPR by clicking here.
• Mercury-containing lighting EPR in Washington. In 2007, PSI initiated a dialogue on fluorescent lighting that resulted in a national action plan on lamp recycling and contributed to the enactment of EPR laws in five states; we also partnered with rural governments in 13 other states to boost collection of lamps and other mercury-containing products. Learn more about our perspective on lighting EPR by clicking here. 
• Pharmaceuticals law EPR amendment in Oregon. In 2010, PSI led a national coalition to pass the Secure and Responsible Drug Disposal Act and change related regulations that made it possible for retail pharmacies to host drug take-back programs for unwanted medicines, including controlled substances. That year, we developed model pharmaceuticals EPR legislation with our national coalition; by 2012, PSI Member Alameda County had used our model to establish the first pharmaceuticals EPR ordinance in the country, which was upheld by the courts despite industry appeals. Since then, our work has helped pass pharmaceuticals EPR laws in eight states and 23 local jurisdictions. Learn more about our perspective on pharmaceuticals EPR by clicking here. 
• Refrigerant-containing appliances EPR in Washington. In 2014, PSI provided research and policy analysis to New York City, which passed the first-ever law to safely manage refrigerant-containing appliances; since its passage, manufacturers collected more than 90,000 products and saved the city more than $1.3 million. PSI also helped defend New York City’s law against a legal challenge from the Association of Home Appliance Manufacturers, and we contributed to the hydrofluorocarbons emissions reduction law enacted by Washington State in 2021. Learn more about our perspective on refrigerant-containing appliance EPR by clicking here. 
• Solar panel EPR in Minnesota. Washington state passed the first state solar panels EPR law in 2017. In 2021, PSI helped develop the solar panels EPR law enacted by Niagara County, New York – the first such local law in the country. Learn more about our perspective on solar panel EPR by clicking here. 

We also expect to see introductions of additional battery, carpet, electronics, mattress, packaging, paint, and pharmaceuticals EPR bills and amendments in additional states. We appreciate the leadership of legislators and stakeholders who are leading the charge, and look forward to celebrating with our community when these bills become law. 

by Rachel Lincoln Sarnoff, Marketing and Communications Director

Have you checked our EPR Laws Map lately? California just changed color! This month, Governor Gavin Newsom signed into law battery EPR legislation, championed by the California Product Stewardship Council and Californians Against Waste, that includes strong collection convenience standards and performance goals, comprehensive education and outreach requirements, and aspects that seek to advance equity. The state now has 11 EPR laws in place – a national record.   

Known as the Responsible Battery Recycling Act of 2022, AB 2440 requires producers to establish, fund, and operate a stewardship program to collect and recycle covered batteries and battery-containing products, including primary, rechargeable, and lithium-ion batteries, which can explode or cause fires. 

Over a decade ago, PSI began hosting meetings with state and local governments and other key stakeholders from across the United States to develop an evolved model for EPR batteries legislation based on global best practices. These ongoing discussions and the updated model helped shape legislation introduced in multiple states, which led to Vermont’s first-in-the-country single-use household battery EPR law (2014) and the District of Columbia’s first-in-the-nation single-use and rechargeable battery law that also covers battery-containing products (2021).  

Newsom also signed SB 1215, the AB 2240 companion bill, which was stripped of its EPR elements but still amends California’s existing electronics recycling law to include batteries that are “embedded” in products and not designed to be easily removed. 

by Scott Cassel, CEO and Founder 

We’re thrilled to announce our partnership with LANDBELL GROUP, which delivers chemical stewardship and risk assessment services in the United States and Canada through its consultancy, H2 Compliance. Established as a packaging compliance scheme in Germany in 1995, LANDBELL GROUP has since evolved into a global platform for EPR and regulatory compliance and is now a leading provider of environmental and chemical compliance solutions with local expertise and global presence. With its comprehensive core services – compliance, consulting and software – LANDBELL GROUP helps companies meet their EPR obligations worldwide. The company’s PROs have collected and treated more than 10 million tonnes of waste batteries, electronics, and packaging.

LANDBELL GROUP is a recognised expert for waste portable battery compliance and takeback, having collected and treated over 100,000 tonnes of waste portable batteries; with an established reverse supply chain in over 40 countries, LANDBELL GROUP also has more than 10 years’ experience managing international takeback activities for lithium batteries. The company will present our forthcoming “Powering Up for Battery EPR” webinar, with panelist Martin Tobin, CEO of European Recycling Platform (ERP) in Ireland. ERP, a LANDBELL GROUP company, is the only multi-national organisation operating producer responsibility organisations (PROs) for batteries, packaging and WEEE in 16 countries for over 38,000 companies, and Martin is a key member of LANDBELL GROUP’s global leadership team. ERP is actively involved in the proposed revision of the European Union’s Battery Directive, contributing its experience and expertise to the ongoing discussions.

Recently, LANDBELL GROUP began a takeback program in the USA and Canada for ICT equipment; it also delivers environmental compliance services, such as registration and reporting, to ensure producers meet their extended producer responsibility (EPR) obligations in the relevant US and Canadian states and provinces. With LANDBELL GROUP’s Knowledge Database (KDB), the company offers a web-based regulatory information service, which provides relevant information on EPR globally. The KDB covers more than 180 jurisdictions, including 28 states in the USA, and all Canadian provinces and territories.

In the United States and Canada, H2 Compliance supports North American and pharmaceutical businesses with chemical services, providing technical and strategic support for global chemical control regulations; for example, TSCA and EU REACH, and hazard communication services such as Safety Data Sheets. Last month, the Resource Productivity and Recovery Authority in Ontario, Canada registered H2 Compliance as a producer responsibility organization, which will provide collection, management and administrative services to help producers meet their regulatory obligations under the EEE and Batteries Regulations.

For more information, please visit: www.landbell-group.com

Every two weeks, PSI members and partners receive updates on product stewardship news from around the world. A recent NY Times article on battery recycling caught my attention because it illustrated how product sustainability requires a full lifecycle perspective — not only a focus on end of life. The December 8 front-page story described how processing methods used at a Mexican plant for recycling vehicle and industrial batteries from the U.S. are poisoning workers and citizens. The batteries are recovered — mostly voluntarily — at a very high rate in the U.S., without the need for an extended producer responsibility system, because there is great demand for the lead in the batteries. However, those collecting the batteries are skirting U.S. laws by shipping the batteries to poorly run facilities in Mexico. The money saved by companies is at the expense of the health of workers, citizens, and the environment. It is also at the expense of U.S. companies that are abiding by more protective standards in the U.S. There is truly no such thing as a free lunch. We need to level the global playing field so that U.S. companies do not lose business to companies operating abroad under insufficient standards. We should require U.S. companies to certify that they are using material processors that truly protect the environment all throughout the product lifecycle. This is real product sustainability. It is time for U.S. citizens to demand global environmental and social standards of protection for the products they consume.