KRS 224.50-422: Covered Battery Stewardship Program -- Establishment -- Duties of

cabinet -- Registration of voluntary battery stewardship organizations --

Submission of plans -- Reporting requirements.

(1) No later than March 31, 2027, the cabinet shall establish the Covered Battery

Stewardship Program in order to:

(a) Educate the public on the prohibition on covered battery disposal in KRS

224.50-420;

(b) Foster the creation of voluntary battery stewardship organizations in the

Commonwealth;

(c) Oversee the implementation of a voluntary take -back program for recovery of

rechargeable covered batteries in an efficient and safe manner;

(d) Investigate the feasibility of establishing a voluntary take -back program for

imbedded batteries;

(e) Promote a market for the recovery of covered batteries; and

(f) Prevent damage to solid waste collection equipment and disposal facilities due

to the improper disposal of covered batteries.

(2) To facilitate the establishment of the Covered Battery Stewardship Program, the

cabinet shall collaborate with, at a minimum, the following stakeholders or

representatives thereof:

(a) Manufacturers, wholesalers, distributors, and retailers of covered batteries and

covered battery-containing products;

(b) Material recyclers, as defined in KRS 177.905;

(c) Solid waste collectors and solid waste disposal facilities;

(d) Municipalities;

(e) Counties;

(f) Voluntary battery stewardship organizations, if any; and

(g) Waste management districts established under KRS Chapter 109.

(3) Once the program is established, the cabinet shall publish, update, and maintain on

its website:

(a) A listing of covered battery collection sites that will accept covered batteries

for recovery; and

(b) Contact information for transporters that will accept covered batteries for

transportation to a collection site or recovery facility.

(4) (a) To be designated as a voluntary battery stewardship organization by the

cabinet, the registrant shal l submit its registration in the form and manner as

the cabinet may require. For approval, at a minimum, the registration shall

include the following:

1. The business structure of the voluntary battery stewardship organization;

2. The names and contact inf ormation for all officers of, and participants

in, the voluntary battery stewardship organization; and

3. Evidence that the voluntary battery stewardship organization is currently

in good standing with the Secretary of State.

(b) Within ten (10) business days of receiving a complete registration, the cabinet

shall inform the registrant that the registration is approved.

(5) After the cabinet has approved its registration under subsection (4) of this section,

but before operation, a voluntary battery steward ship organization shall submit to

the cabinet a voluntary battery stewardship organization plan for approval or

disapproval, which shall contain, at a minimum:

(a) Requirements for participating retailers of covered batteries or battery -

containing products to conspicuously display on their products notice of the:

1. Prohibition on covered battery disposal in KRS 224.50-420; and

2. Website address maintained by the cabinet pursuant to subsection (3) of

this section;

(b) Requirements for participating covered battery manufacturers or producers to

ensure that the covered battery:

1. Including a battery in a battery -containing product, is marked with an

identification of the manufacturer or producer of the battery; and

2. Is marked to ensure proper collection an d recovery by identifying the

chemistry of the battery and including an indication that the battery

should not be disposed of as household waste;

(c) Consumer awareness goals and a description of the education and outreach

strategy that the voluntary battery stewardship organization will implement;

(d) 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 pro tocols in the event of a spill or fire,

and protocols for safe management of damaged batteries that are returned to

collection sites;

(e) Provisions for recordkeeping, tracking, and documenting the management and

disposition of collected covered batteries; and

(f) A method for fully funding the voluntary battery stewardship organization's

plan in a manner that equitably distributes the plan's costs among the

members of the battery stewardship organization, without adding a point -of-

sale cost or fee to the consumer.

(6) Each voluntary battery stewardship organization shall submit to the cabinet on or

before June 30, 2027, and each June 30 thereafter, a report that includes:

(a) The weight, by chemistry, of covered batteries collected;

(b) The weight of materials recovered from covered batteries collected, in total,

and by method of battery recovery;

(c) A calculation of the recovery efficiency rate;

(d) Identification of all facilities utilized by the organization for recovery or other

management of covered batteries and battery components and a description of

how the facility recovered or otherwise managed covered batteries and battery

components;

(e) The weight and chemistry, us ing approximations or actual amounts, of

covered batteries sent to each facility that is used for the final disposition of

batteries; and

(f) A detailed description of education and outreach efforts supporting plan

implementation and an evaluation of the e ffectiveness of education and

outreach activities.