To be approved by DNR, a proposed battery stewardship plan must include
specific information, such as a list of all the brands of batteries the producer sells in
this state; provisions for collecting batteries at no cost, regardless of battery brand
or producer; the names of at least two collection facilities in each county in this state
that will provide battery collection throughout the calendar year; a method for
responsibly managing collected batteries to ensure that all of the components of
collected batteries are recycled or properly disposed of; a description of an education
and outreach program that the producer will undertake to provide notice of the
producer's battery collection program; a description of how the producer will develop
a strategy for collecting covered batteries in areas facing environmental justice
challenges associated with waste management; a collection rate performance goal;
and a description of how the producer and the collection facilities identified in the
plan will implement the program described in the plan.
Under the bill, DNR must provide notice of a proposed battery stewardship plan
and receive public comments on the proposed plan for 30 days. DNR must also
provide a public hearing on a proposed plan upon request. DNR has 90 days after
receiving a complete proposed plan, not including the period for public comment and
hearing, to either approve or deny a proposed plan. A plan that is not approved or
denied within this time period is deemed approved. Under the bill, a producer may
not amend an approved battery stewardship plan unless the proposed amendments
are approved by DNR. The bill also allows DNR to revoke an approved battery
stewardship plan if the producer is not complying with the plan.
The bill also requires DNR to maintain a website that lists the names of
producers with approved plans and the brands of batteries covered by an approved
battery stewardship plan and includes copies of all approved battery stewardship
plans. Under the bill, DNR must also promote public participation in the collection
and recycling of covered batteries through education and outreach activities. In
addition, DNR must report to the legislature and the governor every two years on the
implementation of any approved battery stewardship plans.
Under the bill, during the first year of implementing an approved battery
stewardship plan, and two years after that, a producer must conduct a statistically
significant survey of public awareness of the producer's battery collection program,
for the purpose of identifying areas that need additional education and outreach. A
producer must also conduct an audit after five years of implementing an approved
battery stewardship plan, to examine the effectiveness of the producer's battery
collection program.
Under the bill, a producer operating under an approved battery stewardship
plan, or a battery stewardship organization on behalf of the producer, may request
reimbursement from another producer for costs incurred in collecting, handling,

recycling, or properly disposing of batteries produced by the other producer. A
producer may request such reimbursement only after the producer has met the
collection rate performance goal included in the producer's approved battery
stewardship plan. A producer that receives a request for reimbursement may
request an independent audit of the requested reimbursement costs. A producer that
incurs more than $1,000 in such reimbursable costs may bring a civil action against
the other producer if the costs are not reimbursed.
Under the bill, any producer or retailer that violates the provisions of the bill
relating to battery stewardship plans is subject to a civil forfeiture of up to $10,000
per violation.
Finally, the bill prohibits the disposal of any covered battery in a solid waste
disposal facility beginning January 1, 2026.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1205,1 1Section 1. 20.370 (4) (ht) of the statutes is created to read:
AB1205,3,42 20.370 (4) (ht) Battery collection and recycling programs. From the
3environmental fund, a sum sufficient to implement the battery collection and
4recycling program under s. 287.175.
AB1205,2 5Section 2. 25.46 (1) (eL) of the statutes is created to read:
AB1205,3,76 25.46 (1) (eL) The fees imposed under s. 287.175 (3) (b) for environmental
7management.
AB1205,3 8Section 3. 227.01 (13) (pv) of the statutes is created to read:
AB1205,3,99 227.01 (13) (pv) Adjusts the amount of the fee under s. 287.175 (3) (b).
AB1205,4 10Section 4. 287.07 (6) of the statutes is created to read:
AB1205,3,1311 287.07 (6) Batteries. Beginning January 1, 2026, no person may dispose of or
12burn a covered battery, as defined in s. 287.175 (1) (b), in a solid waste disposal
13facility.
AB1205,5 14Section 5. 287.175 of the statutes is created to read:
AB1205,4,1
1287.175 Battery collection and recycling. (1) Definitions. In this section:
AB1205,4,52 (a) “Collection rate” means the total weight of covered batteries collected in this
3state by a producer in a calendar year divided by the average annual weight of
4covered batteries estimated to have been sold in this state by that producer during
5the same calendar year and the previous 2 calendar years.
AB1205,4,76 (b) “Covered battery” means a portable battery or, beginning January 1, 2029,
7a medium format battery. “Covered battery” does not include any of the following:
AB1205,4,108 1. A battery, contained in a medical device that is regulated under the federal
9food, drug and cosmetic act, 21 USC 301 to 394, that is not designed or marketed for
10sale or resale at retail locations for personal use.
AB1205,4,1111 2. A battery that contains an electrolyte as a free liquid.
AB1205,4,1212 3. A lead acid battery.
AB1205,4,1313 4. A vehicle battery.
AB1205,4,1514 5. A battery in a battery-containing product that is not intended or designed
15to be easily removable from the battery-containing product.
AB1205,4,1616 (c) “Medium format battery” means any of the following:
AB1205,4,1817 1. For batteries that are not capable of being recharged, a battery that weighs
18more than 4.4 pounds but not more than 25 pounds.
AB1205,4,2119 2. For rechargeable batteries, a battery that weighs more than 11 pounds, or
20that has a rating of more than 300 watt-hours, or both, but that does not weigh more
21than 25 pounds or have a rating of more than 2,000 watt-hours.
AB1205,4,2222 (d) “Portable battery” means any of the following:
AB1205,4,2423 1. For batteries that are not capable of being recharged, a battery that weighs
24no more than 4.4 pounds.
AB1205,5,2
12. For rechargeable batteries, a battery that weighs no more than 11 pounds
2and that has a rating of no more than 300 watt-hours.
AB1205,5,43 (e) “Producer” means a person that sells, offers for sale, or distributes for sale
4a covered battery in or into this state and that is any of the following:
AB1205,5,65 1. If the covered battery is sold under a brand of the battery's manufacturer,
6the person that manufactures the battery.
AB1205,5,87 2. If the covered battery is sold under a retail brand or under a brand owned
8by a person other than the battery's manufacturer, the person that owns the brand.
AB1205,5,129 3. If subds. 1. and 2. do not apply, the person that is the licensee of a brand or
10trademark under which the covered battery is sold, offered for sale, or distributed for
11sale in or into this state, regardless of whether the trademark is registered in this
12state.
AB1205,5,1613 4. If subds. 1. to 3. do not apply to any person within the United States, the
14person that is the importer of record for the covered battery into the United States
15for the purpose of selling, offering for sale, or distributing for sale the battery in or
16into this state.
AB1205,5,1917 5. If subds. 1. to 4. do not apply to any person with a commercial presence in
18this state, the person who first sells, offers for sale, or distributes for sale the covered
19battery in or into this state.
AB1205,5,2220 (f) “Rechargeable battery” means a battery that contains one or more voltaic
21or galvanic cells electrically connected to produce electric energy and that is designed
22to be recharged.
AB1205,6,223 (g) “Recycling" means preparing batteries for use in manufacturing processes
24or for recovery of usable materials and delivering the materials for use. “Recycling"
25does not include destruction by incineration or other processes or land disposal of

1recyclable materials and does not include reuse, repair, or any other process through
2which batteries are returned in their original form.
AB1205,6,43 (h) “Retailer” means a person that offers a battery for sale in this state by any
4means, including through online sales.
AB1205,6,7 5(2) Prohibitions. (a) Producers. Beginning on January 1, 2026, no producer
6may sell, offer for sale, or distribute for sale in or into this state any covered battery
7unless the producer is in compliance with the requirements under sub. (3).
AB1205,6,118 (b) Retailers. Beginning on January 1, 2026, no retailer may sell or offer for
9sale in this state any covered battery unless the producer of the battery is in
10compliance with the requirements under sub. (3). This paragraph does not apply to
11covered batteries for which any of the following apply:
AB1205,6,1312 1. The retailer purchases the covered battery before January 1, 2026, and sells
13the battery on or before January 1, 2027.
AB1205,6,1614 2. If the producer's battery stewardship plan under this section expired or was
15revoked, the retailer purchased the covered battery before the producer's battery
16stewardship plan expired or was revoked.
AB1205,6,21 17(3) Producer requirements. (a) Stewardship plan. No later than June 1, 2025,
18each producer shall submit a battery stewardship plan to the department for review.
19No later than January 1, 2026, each producer shall operate under an approved
20battery stewardship plan. A battery stewardship plan submitted to the department
21shall have a term of no more than 5 years and shall include all of the following:
AB1205,6,2422 1. If the producer is a member of a battery stewardship organization under sub.
23(4), the names and contact information for each of the producers in the battery
24stewardship organization.
AB1205,7,3
12. The brands of all of the covered batteries that the producer sells, offers for
2sale, or distributes for sale in or into this state. All such brands shall be covered by
3the battery stewardship plan.
AB1205,7,54 3. Provisions for collecting covered batteries at no cost, regardless of the brand
5or producer of the covered battery.
AB1205,7,106 4. A process for providing packaging, consistent with any state or federal
7requirements related to transporting hazardous materials, for the safe collection and
8transportation of covered batteries. Such packaging shall be provided at no cost if
9the purpose of the packaging will be to collect and transport damaged, defective, or
10recalled covered batteries.
AB1205,7,1211 5. A process for allowing retailers, municipalities, and solid waste facilities to
12opt in to being a collection facility under the plan.
AB1205,7,1513 6. The name, address, and contact information of at least two collection
14facilities in each county in this state that will provide covered battery collection
15throughout the calendar year.
AB1205,7,2016 7. The name, address, and contact information of any transporter or contractor
17that will collect covered batteries from collection facilities and a statement as to
18whether such transporters or contractors have obtained any required state and
19federal licenses for transporting batteries; and the name, address, and contact
20information of any recycling facility that will process the collected batteries.
AB1205,7,2321 8. A provision that ensures that each collection facility will accept up to 100
22covered batteries per person per visit. A collection facility may agree to accept more
23covered batteries per person per visit.
AB1205,8,3
19. A list of collection facilities that will collect damaged, defective, or recalled
2covered batteries. Other collection facilities under the plan shall not be required to
3collect damaged, defective, or recalled covered batteries.
AB1205,8,74 10. A method for responsibly managing collected covered batteries to ensure
5that all of the components of collected batteries are recycled, to the extent
6economically and technically feasible, and that any components or batteries that
7cannot be recycled are properly disposed of.
AB1205,8,158 11. A description of an education and outreach program that the producer will
9undertake to provide notice of the producer's covered battery collection program to
10businesses, municipalities, solid waste facilities, retailers, and transporters; to
11provide information about available safety training for collection facilities; and to
12notify the public that there is a free covered battery collection program and the
13location of collection facilities. If more than one producer has an approved battery
14stewardship plan, all producers with an approved battery stewardship plan shall
15coordinate in carrying out their education and outreach programs.
AB1205,8,1916 12. A description of how the producer will develop strategies, in consultation
17with the department and other relevant parties, for collecting covered batteries in
18areas and communities that face environmental justice challenges associated with
19waste management.
AB1205,8,2020 13. A procedure for collecting and providing reimbursement under sub. (6).
AB1205,8,2121 14. A collection rate performance goal.
AB1205,8,2522 15. A description of how the producer and the collection facilities identified in
23the plan will implement the program described in the plan, including by providing
24products and equipment to collection facilities to set up a collection site and by
25providing for the management and transportation of collected covered batteries.
AB1205,9,5
1(b) Fee. A producer operating under an approved battery stewardship plan
2shall pay an annual fee of $20,000 to the department. Fees paid under this
3paragraph shall be deposited into the environmental fund. The department may
4adjust the amount of this fee as necessary to maintain the program under this
5section.
AB1205,9,76 (c) Reporting. No later than March 1, 2027, and annually thereafter, a producer
7shall submit to the department a report that contains all of the following:
AB1205,9,98 1. The total weight of covered batteries collected by the producer in the previous
9calendar year.
AB1205,9,1110 2. The estimated percentage of the total weight under subd. 1. that is
11attributable to rechargeable batteries.
AB1205,9,1412 3. The estimated percentage of the total weight under subd. 1. that is
13attributable to producers that are not operating under an approved battery
14stewardship plan under this section.
AB1205,9,1515 4. The collection rate achieved by the producer in the previous calendar year.
AB1205,9,1816 5. The estimated total weight of covered batteries sold, offered for sale, or
17distributed for sale in or into this state by the producer in the previous 3 calendar
18years.
AB1205,9,2119 6. The location and contact information for each collection facility and
20collection site that collected covered batteries under the producer's approved battery
21stewardship plan in the previous calendar year.
AB1205,9,2422 7. Examples and descriptions of educational materials provided and outreach
23activities conducted by the producer in the previous calendar year to increase
24covered battery collection, and a description of how the producer coordinated with

1other producers with approved battery stewardship plans in carrying out its
2education and outreach program.
AB1205,10,43 8. A description of how collected covered batteries were managed in the
4previous calendar year.
AB1205,10,65 9. Any material amendment to the producer's battery stewardship plan
6approved by the department under sub. (5) (b) in the previous calendar year.
AB1205,10,97 10. The producer's cost of implementing its battery stewardship plan in the
8previous calendar year, including the costs of collection, recycling, education, and
9outreach.
AB1205,10,1410 (d) Public survey. During the first year of implementing an approved battery
11stewardship plan, and two years thereafter, a producer shall conduct a statistically
12significant survey of public awareness of the battery stewardship plan and its
13implementation. The results of the survey shall identify communities that have
14disparities in awareness and that need additional education and outreach.
AB1205,10,2215 (e) Audit. After 5 years of implementing an approved battery stewardship plan,
16a producer shall contract with an independent 3rd party to conduct a one-time audit
17of the battery stewardship plan and its implementation. The audit shall examine the
18effectiveness of the battery stewardship plan in collecting and recycling covered
19batteries; examine the cost-effectiveness of the battery stewardship plan; and
20compare the battery stewardship plan to other covered battery collection plans in
21other jurisdictions. The auditor shall submit the results of the audit directly to the
22department and provide a copy to the producer.
AB1205,10,2523 (f) Educational materials for retailers. A producer that supplies covered
24batteries to a retailer shall provide the retailer with educational materials
25describing collection opportunities for those batteries.
AB1205,11,6
1(4) Battery stewardship organizations. A producer may meet the
2requirements under sub. (3) by participating in a battery stewardship organization,
3made up of at least 5 producers, that complies with the requirements of sub. (3) on
4behalf of the producer. A battery stewardship organization may exercise the rights
5under subs. (6) and (7) on behalf of any of the producers participating in the
6organization.
AB1205,11,17 7(5) Department duties. (a) Plan approvals. Within 90 days after receiving a
8complete proposed battery stewardship plan under sub. (3) (a), not including any
9time required for public comment and hearing under par. (d), the department shall
10determine whether the proposed plan complies with the requirements under sub. (3)
11(a). If the proposed plan complies with the requirements under sub. (3) (a), the
12department may approve the plan and shall notify the producer of the approval in
13writing. If the proposed plan does not comply with the requirements under sub. (3)
14(a), the department shall deny the plan and notify the producer of the denial in
15writing; the producer shall have 45 days after receiving a denial to submit a revised
16plan to the department for approval. A proposed plan that is not approved or denied
17by the department within 90 days shall be deemed approved.
AB1205,11,2018 (b) Plan amendments. A producer may not amend an approved battery
19stewardship plan unless the proposed amendments are approved by the department
20in writing. The department may require a producer to amend an approved plan.
AB1205,11,2421 (c) Plan revocations. The department may revoke an approved battery
22stewardship plan if the department determines that the producer is not complying
23with the approved plan and the producer fails to comply with or amend the plan
24within a reasonable time after receiving a request to do so from the department.
AB1205,12,11
1(d) Public notice and comment. The department shall publish a class 1 notice
2under ch. 985, shall publish notice on its website, and shall provide notice, upon
3request, to interested persons, announcing the opportunity for written public
4comment and the opportunity to request a public hearing on a battery stewardship
5plan submitted under sub. (3) (a). The department's notice to interested persons may
6be given through an electronic notification system established by the department.
7For the purpose of determining the date on which notice is provided under this
8paragraph, the date on which the department first publishes the notice on its website
9shall be considered the date of notice. The department shall receive public comments
10on the proposed battery stewardship plan for a 30-day period beginning on the date
11the department gives notice.
AB1205,12,1312 (e) Website. Subject to par. (g), the department shall maintain on its website
13all of the following:
AB1205,12,1414 1. A copy of all approved battery stewardship plans.
AB1205,12,1515 2. The names of producers with approved battery stewardship plans.
AB1205,12,1716 3. A list of brands of covered batteries listed in approved battery stewardship
17plans under sub. (3) (a) 2.
AB1205,12,2018 (f) Outreach and communication. The department shall promote public
19participation in the collection and recycling of covered batteries through education
20and outreach activities.
AB1205,13,221 (g) Confidentiality. Information submitted to the department under this
22section that is a protected trade secret shall not be open to public inspection and
23copying under s. 19.35 (1). The department may publish such information in a
24summary or aggregated form that does not identify individual producers or retailers.
25The department may require a producer, as part of a report submitted under sub. (3)

1(c), to omit or redact trade secret information. The total weight of covered batteries
2collected under an approved battery stewardship plan is not a protected trade secret.
AB1205,13,73 (h) Reporting. No later than July 1, 2027, and every two years thereafter, the
4department shall provide a report on the program under this section to the
5legislature under s. 13.172 (2) and to the governor. The department shall include in
6the report a summary of annual reports received under sub. (3) (c) and any
7recommendations for changes to the program under this section.
Loading...
Loading...