81-15,317.

Battery stewardship plan; amendments; approval required; contents; fee.

(1) Each battery stewardship organization shall submit a battery stewardship plan to the department for review and approval by January 1, 2027.

(2) A battery stewardship plan shall have a term of no more than five years and shall include all of the following:

(a) The names and contact information for each producer member covered under a battery stewardship organization's plan;

(b) The brands of all of the covered batteries that the battery stewardship organization's producer members sell, offer for sale, or distribute for sale in or into this state. All such brands shall be covered by the battery stewardship plan;

(c) Performance goals under the plan and a process for achieving these goals. Performance goals shall include target recycling efficiency rates of at least sixty percent for rechargeable batteries and seventy percent for batteries that are not capable of being recharged and goals for public awareness, convenience, and accessibility;

(d) A process for making retailers aware of the prohibitions contained in section 81-15,316;

(e) Consumer awareness goals and a description of the education and outreach strategy that the battery stewardship organization will implement pursuant to section 81-15,320;

(f) A process for making available to collection sites, for voluntary use, signage, written materials, and other promotional materials to inform consumers of the available end-of-life management options for covered batteries collected under the battery stewardship plan;

(g) Collection site safety training procedures related to covered battery collection activities at collection sites, including a description of operating protocols to reduce risks of spills or fires, response protocols in the event of a spill or fire, and protocols for safe management of damaged batteries that are returned to collection sites;

(h) A method for fully funding the battery stewardship organization's plan in a manner that equitably distributes the plan's costs among the members of the battery stewardship organization;

(i) Provisions for collecting covered batteries at no cost, regardless of the brand or producer of the covered battery, on a continuous, convenient, visible, and accessible basis and a description of how the battery stewardship organization will comply with section 81-15,319;

(j) The addresses of collection sites that will accept covered batteries under the plan and the criteria used to determine whether an entity may serve as a collection site;

(k) The names of proposed service providers, including sorters, transporters, and processors, to be used for the final disposition of batteries;

(l) Provisions for recordkeeping, tracking, and documenting the management and disposition of collected covered batteries; and

(m) An explanation for any delay anticipated by the battery stewardship organization in managing medium format batteries.

(3) A battery stewardship organization whose battery stewardship plan is approved under this section shall submit a new plan to the department for approval no less than once every five years. If the performance goals under the previously approved plan have not been met, the new plan shall include corrective measures to be implemented by the battery stewardship organization to meet those performance goals, which may include improvements to the collection site network or increased expenditures dedicated to education and outreach.

(4) A battery stewardship organization whose battery stewardship plan is approved under this section shall provide plan amendments to the department for approval when proposing any material changes to an approved plan.

(5)(a) Within one hundred twenty days after receiving a proposed battery stewardship plan or a proposed amendment described in subsection (4) of this section, the department shall approve, conditionally approve, or deny the plan or amendment.

(b) If the department denies the plan or amendment:

(i) The department shall notify the battery stewardship organization of the denial in writing and explain how the proposed plan or amendment does not comply with the Safe Battery Collection and Recycling Act;

(ii) The battery stewardship organization shall submit a revised plan or amendment or notice of plan or amendment withdrawal within sixty days after the denial; and

(iii) The department shall approve or deny the revised plan or amendment within ninety days after resubmittal. The denial of a revised plan or amendment may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

(6) A battery stewardship organization operating under a plan approved by the department under this section shall notify the department within ninety days of a producer beginning or ceasing participation in the battery stewardship organization, or within ninety days of adding or removing a processor or transporter under the approved plan.

(7) A battery stewardship organization shall pay a fee to the department upon approval of a plan under this section or on January 1, 2027, whichever is later, and on an annual basis thereafter. The amount of the fee shall be set by the department and shall be sufficient to cover all costs incurred by the department to administer and enforce the Safe Battery Collection and Recycling Act for fiscal year 2027-28 and each fiscal year thereafter. Through June 30, 2027, the department shall use the Waste Reduction and Recycling Incentive Fund to pay all costs incurred by the department to implement, administer, and enforce the act. Fees paid under this subsection shall be remitted to the State Treasurer for credit to the Battery Stewardship Cash Fund.