1. Battery Legislation/Regulation US State Actions
Presentation to the19th Trilateral Battery Working Group Meeting
NEMA Dry Battery Section
October 2016

2. US States - Battery Recycling Law
Primary Batteries
Vermont Primary Battery Recycling Law (Act 139)
Effective 1 Jan 2016, Call2Recycle is Stewardship Organization
Products with batteries excluded, but state will reevaluate this in 2019
NEMA sent notice to Trade Assns in Dec 2014
Lead Acid Batteries (new)
The Lead Acid Battery Recycling Act of 2016 (AB2153)
Covers Pb-acid batteries > 5 kg , 6 volts or more
Effective 1 Jan 2017, begins collecting fees on 1 April 2017
Creates Pb-acid battery fee to fund clean-up of areas contaminated by Pb-acid battery disposal
Consumers pay $1 at point of sale; manufacturers pay $1 for each battery sold in state; also consumers pay refundable deposit at each sale to encourage return of used batteries
October 20, 2016 – NEMA Hdqts 2
NEMA – TWG 2016
BUSINESS CONFIDENTIAL

3. 2016 Recycling Legislation Outcomes
Maine
New York
Connecticut
LD 1578
Scope: All batteries
Based on industry supported model
Limited carve-outs
Strong sponsor, supported by advo- cates and regulators
Intense, widespread opposition from product suppliers, others
Bill was defeated after long, difficult session
SB 4522
Scope: All batteries at first, then changed to primary only
Unexpected, came late in session
Many carve-outs, exemptions
Industry reacted quickly and effectively
Kept bill off the floor and it failed at end of session
SB 232
Scope: “consumer household” batteries, focus on primary
Did very little
Added batteries to state’s list of ‘designated recyclable items’
No support, failed early
October 20, 2016 – NEMA Hdqts 3
NEMA – TWG 2016
BUSINESS CONFIDENTIAL

4. Battery Recycling Legislation in 2017?
Yes!
2016 sponsor
will reintroduce
Limited to Pb-acid
and Ni-Cad
NEMA unlikely to
engage
Likely
Holdover from 2015
NEMA, PRBA have
urged sponsor to
withdraw
Could be all battery
bill
Depends
Legislation likely, but
chance of success
depends on outcome
of state elections
State Senate is
crucial factor
October 20, 2016 – NEMA Hdqts 4
NEMA – TWG 2016
BUSINESS CONFIDENTIAL

5. California - Proposition 65
Regulation
California - Proposition 65
Safe Drinking Water and Toxic Enforcement Act of 1986
Labeling and “consumer right2 know” program in California
Involves most products and environments; 850 listed substances
Enormous economic burden to comply, even without lawsuits
Recent Changes
New Clear & Reasonable Warning Rules finalized Sept 2nd
Revises the warning language, effective 30 August 2018
Warnings must now name specific chemicals in product
Shorter, ‘truncated’ warnings are allowed in some cases
There is unlimited sell-thru period for existing products
Home page for Prop 65 information:
NOTE: California is only US state that prohibits disposing primary batteries with household waste
October 20, 2016 – NEMA Hdqts 5
NEMA – TWG 2016
BUSINESS CONFIDENTIAL

6. Thanks for your attention!
Contact
Mark A. Kohorst
(fax)
NEMA
Suite 1752
1300 North 17th Street
Rosslyn, Va
October 20, 2016 – NEMA Hdqts 6
NEMA – TWG 2016
BUSINESS CONFIDENTIAL