The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 168: Product Stewardship for Primary Batteries and Rechargeable Batteries

• Subchapter 001: DEFINITIONS

• § 7581. Definitions

  As used in this chapter:

  (1) “Agency” means the Agency of Natural Resources.

  (2)(A) “Battery-containing product” means an electronic product that contains primary or rechargeable batteries that are easily removable or is packaged with rechargeable or primary batteries.

  (B) A “battery-containing product” does not include an electronic product regulated under an approved plan implemented under chapter 166 of this title.

  (C) A “battery-containing product” does not include an electronic product if:

  (i) the only batteries contained in or supplied with the battery- containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery; and

  (ii) the producer of the covered batteries that are included in a battery-containing product provides a written certification of that membership to both the producer of the battery-containing product containing one or more covered batteries and the battery stewardship organization of which the battery producer is a member.

  (3) “Brand” means a name, symbol, word, or traceable mark that identifies a primary or rechargeable battery and attributes the battery to the owner or licensee of the brand as the producer.

  (4) “Calendar year” means the period commencing January 1 and ending December 31 of the same year.

  (5) “Collection rate” means a percentage by weight that each producer or battery stewardship organization collects by an established date. The collection rate shall be calculated by dividing the total weight of the batteries that are collected during a calendar year by the average annual weight of batteries that were estimated to have been sold in the State by participating producers during the previous three calendar years. Estimates of batteries sold in the State may be based on a reasonable pro rata calculation based on national sales.

  (6) “Covered battery” means a primary battery or rechargeable battery.

  (7) “Covered entity” means a person who presents to a collection facility or event that is included in an approved collection plan any number of covered batteries.

  (8) “Damaged and defective lithium battery” means a lithium battery that has been damaged or is defective for safety reasons or that has the potential of producing a dangerous evolution of heat, fire, or short circuit, as referred to in 49 C.F.R. § 173.185(f) or as updated by the Secretary by rule to maintain consistency with federal standards.

  (9) “Easily removable” means the battery is readily detachable from a product by a person without the use of tools or with the use of common household tools.

  (10) “Participate” means to appoint a battery stewardship organization to operate on behalf of oneself and to have that appointment accepted by the stewardship organization.

  (11) “Primary battery” means a nonrechargeable battery weighing 4.4 pounds or less, including alkaline, silver oxide, zinc air, carbon-zinc, and lithium metal batteries. Beginning on January 1, 2026, “primary battery” includes a nonrechargeable battery weighing more than 4.4 pounds but not more than 25 pounds. “Primary battery” does not mean:

  (A) a battery that is not easily removable from a battery-containing product; or

  (B) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale at retail locations for personal use.

  (12) “Battery producer,” “battery-containing product producer,” or “producer” means one of the following with regard to a battery or battery-containing product that is sold or offered for sale in the State:

  (A) a person who manufactures a battery or battery-containing product and who sells or offers for sale that battery or battery-containing product in the State under the person’s own name or brand;

  (B) if subdivision (A) of this subdivision (12) does not apply, a person who owns or licenses a trademark or brand under which a battery or battery-containing product is sold or offered for sale whether or not the trademark is registered; or

  (C) if subdivisions (A) and (B) of this subdivision (12) do not apply, a person who imports a battery or battery-containing product into the State for sale.

  (13) “Battery stewardship organization” means an organization appointed by one or more producers to act as an agent on behalf of a producer or producers to design, submit, implement, and administer a battery stewardship plan under this chapter.

  (14) “Battery stewardship plan” or “plan” means a plan submitted to the Secretary pursuant to section 7584 of this title by an individual producer or a battery stewardship organization.

  (15) “Program” or “stewardship program” means the system for the collection, transportation, recycling, and disposal of batteries implemented pursuant to an approved battery stewardship plan.

  (16)(A) “Rechargeable battery” means:

  (i) one or more voltaic or galvanic cells, electrically connected to produce electric energy and designed to be recharged;

  (ii) weighing not more than 25 pounds; or

  (iii) having a watt-hour rating of not more than 2,000 watt-hours.

  (B) “Rechargeable battery” does not mean:

  (i) a battery that is not easily removable from a battery-containing product;

  (ii) a battery that contains electrolyte as a free liquid;

  (iii) a battery that employs lead-acid technology, unless the battery:

  (I) is sealed;

  (II) contains no liquid electrolyte; and

  (III) weighs not more than 11 pounds;

  (iv) a battery recalled by the producer for safety reasons; or

  (v) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale principally at retail for personal use.

  (17) “Recycling” means any process by which discarded products, components, and byproducts are transformed into new usable or marketable materials in a manner in which the original products may lose their identity, but does not include energy recovery or energy generation by means of combusting discarded products, components, and byproducts with or without other waste products.

  (18) “Retailer” means a person who offers a covered battery or battery-containing product for sale in the State through any means, including remote offerings such as sales outlets, catalogues, or an internet website.

  (19) “Secretary” means the Secretary of Natural Resources. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• Subchapter 002: BATTERY STEWARDSHIP PROGRAM

• § 7582. Sale of primary batteries, rechargeable batteries, and battery-containing products

  (a) Sale prohibited. Except as set forth under subsection (b) of this section, a producer of a primary battery, of a rechargeable battery, or of a battery-containing product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a primary battery, a rechargeable battery, or a battery-containing product unless:

  (1) the producer or the battery stewardship organization in which the producer is participating is registered under an approved and implemented battery stewardship plan;

  (2) the producer or battery stewardship organization has paid the fee under section 7594 of this title; and

  (3) the name of the producer and the producer’s brand are designated on the Agency website as covered by an approved battery stewardship plan.

  (b) New producers.

  (1) A producer of a primary battery who, after January 1, 2016, seeks to sell, offer for sale, or offer for promotional purposes in the State a primary battery not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a primary battery not covered by an approved battery stewardship plan.

  (2) A producer of a rechargeable battery or battery-containing product who, after January 1, 2026, seeks to sell, offer for sale, or offer for promotional purposes in the State a rechargeable battery or battery-containing product not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a rechargeable battery or battery-containing product not covered by an approved battery stewardship plan.

  (3) The Secretary shall list a producer who supplies notice under this subsection as a “new producer” on the Agency’s website. A producer that supplies notice under this subsection shall have 90 days, not including the time required for public comment under subsection 7586(c) of this section, to either join an existing battery stewardship organization or submit a battery stewardship plan for approval to the State. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7583. Battery stewardship organization; requirements; registration

  (a) Participation in a battery stewardship organization. A producer of covered batteries or battery-containing products may meet the requirements of this chapter by participating in a battery stewardship organization that undertakes the producer’s responsibilities under sections 7582, 7584, and 7585 of this title.

  (b) Qualifications for a battery stewardship organization. To qualify as a battery stewardship organization under this chapter, an organization shall:

  (1) commit to assume the responsibilities, obligations, and liabilities of all producers participating in the battery stewardship organization;

  (2) not create unreasonable barriers for participation by producers in the battery stewardship organization; and

  (3) maintain a public website that lists all producers and producers’ brands covered by the battery stewardship organization’s approved collection plan.

  (c) Registration requirements.

  (1) Annually, a battery stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a battery stewardship organization. The registration form shall require submission of the following information:

  (A) a list of the producers participating in the battery stewardship organization;

  (B) the name, address, and contact information of a person responsible for ensuring a producer’s compliance with this chapter;

  (C) a description of how the battery stewardship organization proposes to meet the requirements of subsection (a) of this section, including any reasonable requirements for participation in the battery stewardship organization; and

  (D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the battery stewardship organization to satisfy the requirements of this chapter.

  (2) A renewal of a registration without changes may be accomplished through notifying the Secretary on a form provided by the Secretary. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7584. Battery stewardship plan

  (a) Battery stewardship plan required. Each producer selling, offering for sale, distributing, or offering for promotional purposes a primary battery, a rechargeable battery, or a battery-containing product in the State shall individually or as part of a battery stewardship organization submit a battery stewardship plan to the Secretary for review.

  (b) Battery stewardship plan; minimum requirements. Each battery stewardship plan shall include, at a minimum, all of the following elements:

  (1) List of producers and brands. Each battery stewardship plan shall list:

  (A) all participating producers and contact information for each of the participating producers; and

  (B) the brands of batteries or battery-containing products covered by the plan.

  (2) Free collection. Each battery stewardship plan shall provide for the collection of covered batteries from covered entities at no cost to covered entities. A producer shall not refuse the collection of a covered battery based on the brand or producer of the battery.

  (3) Collection; convenience. Except for damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours, each battery stewardship plan shall:

  (A) Allow all retailers, all municipalities, certified solid waste management facilities, and certified salvage yards that meet requirements specified in the plan to opt in to be a collection facility.

  (B) Provide, at a minimum, not fewer than two collection facilities in each county in the State that provide for collection throughout the year.

  (C) Provide for the acceptance of up to 100 batteries per visit. A collection facility may agree to accept more than 100 batteries per visit.

  (4) Collection of damaged and defective lithium batteries and lithium- ion batteries with over 300 watt-hours. Each battery stewardship plan shall:

  (A) allow any certified solid waste facility to collect damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours, provided that facility can meet the safety requirements as outlined in the stewardship plan;

  (B) include how the program will provide packaging consistent with the requirements found in the U.S. Department of Transportation Hazardous Materials Regulations and the necessary forms and instructions for the safe transportation of damaged or defective lithium batteries and lithium-ion batteries with over 300 watt-hours at no cost to certified solid waste facilities; and

  (C) unless otherwise approved by the Secretary, provide throughout the year not fewer than two collection facilities, at a minimum, in each county in the State for the collection of damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours.

  (5) Method of disposition. Each battery stewardship plan shall include a description of the method that will be used to responsibly manage discarded batteries to ensure that the components of the discarded batteries, to the extent economically and technically feasible, are recycled.

  (6) Roles and responsibilities. A battery stewardship plan shall list all key participants in the battery collection chain, including:

  (A) the number and name of the collection facilities accepting the batteries to be collected under the plan, including the address and contact information for each facility;

  (B) the name and contact information of a transporter or contractor collecting batteries from collection facilities; and

  (C) the name, address, and contact information of the recycling facilities that process the collected batteries.

  (7) Education and outreach. A battery stewardship plan shall include an education and outreach program. The education and outreach program may include mass media advertising in radio or television broadcasts newspaper publications of general circulation in the State, retail displays, articles in trade and other journals and publications, social media and internet sites, and other public educational efforts. The education and outreach program shall describe the outreach procedures that will be used to provide notice of the program to businesses, municipalities, certified solid waste management facilities, retailers, wholesalers, and haulers. At a minimum, the education and outreach program shall notify the public of the following:

  (A) that there is a free collection program for all batteries; and

  (B) the location of collection points and how to access the collection program.

  (8) Reimbursement. A battery stewardship plan shall include a reimbursement procedure that is consistent with the requirements of subchapter 4 of this chapter.

  (9) Performance goal; collection rate. A battery stewardship plan shall include a collection rate performance goal for the primary batteries and rechargeable batteries subject to the plan. The collection rate includes the estimated total weight of primary batteries and rechargeable batteries that will be sold or offered for sale in the State by the producer or the producers participating in the battery stewardship plan.

  (10) Safety training. A battery stewardship plan shall describe how it shall provide safety training for collection locations, including handling damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours.

  (11) Fair compensation. Each battery stewardship plan shall provide a description of how municipalities and certified solid waste management facilities acting as battery collection facilities for the program shall be fairly compensated for labor and material costs associated with collecting, sorting, storing, and shipping batteries.

  (c) Implementation.

  (1) A producer or a battery stewardship organization shall implement the collection plan not later than six months after the date of a final decision by the Secretary on the adequacy of the collection plan.

  (2) A producer or battery stewardship organization shall include provisions in the plan for the implementation of the program in conjunction with those retailers, municipalities, and certified solid waste management facilities acting as collection facilities under a program. No transportation or recycling cost shall be imposed on retailers, municipalities, or certified solid waste management facilities acting as collection facilities under a program. A producer or a battery stewardship organization shall provide retailers, municipalities, and certified solid waste management facilities acting as collection facilities products or equipment for setting up a collection point and for providing for the pickup of collected batteries, including arranging for the management of those batteries. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7585. Annual report; plan audit

  (a) Annual report. Annually, a battery producer or a battery stewardship organization shall submit a report to the Secretary that contains the following:

  (1) the weight of covered batteries collected by chemistry by the producer or the battery stewardship organization in the prior calendar year;

  (2) the percentage of covered batteries collected in the prior calendar year that are from producers who are not participating in any approved stewardship plan, based on periodic sorting of batteries by the reporting producer;

  (3) the collection rate achieved in the prior calendar year under the battery stewardship plan, including a report of the estimated total sales data by weight for covered batteries sold in the State for the previous three calendar years;

  (4) the locations for all collection points set up by the battery stewardship plan and contact information for each location;

  (5) examples and description of educational materials used to increase collection;

  (6) the manner in which the collected covered batteries were managed;

  (7) any material change to the battery stewardship plan approved by the Secretary pursuant to section 7586 of this title; and

  (8) the cost of implementation of the battery stewardship plan, including the costs of collection, recycling, education, and outreach.

  (b) Plan audit. After five years of implementation of an approved battery stewardship plan, a covered battery producer or battery stewardship organization shall hire an independent third party to conduct a one-time audit of the battery stewardship plan and plan operation. The auditor shall examine the effectiveness of the battery stewardship plan in collecting and recycling covered batteries. The independent auditor shall examine the cost-effectiveness of the plan and compare it to that of collection plans or programs for covered batteries in other jurisdictions. The independent auditor shall submit the results of the audit to the Secretary as part of the annual report required under subsection (a) of this section. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7586. Agency responsibilities; approval of plans

  (a) Approval of plan. Within 90 days after receipt of a proposed battery stewardship plan, not including the time required for public comment under chapter 170 of this title, the Secretary shall determine whether the plan complies with the requirements of section 7584 of this title. If the Secretary determines that a plan complies with the requirements of section 7584 of this title, the Secretary shall notify the applicant of the plan approval in writing. If the Secretary rejects a battery stewardship plan, the Secretary shall notify the applicant in writing of the reasons for rejecting the plan. An applicant whose plan is rejected by the Secretary shall submit a revised plan to the Secretary within 45 days following receiving notice of rejection. A battery stewardship plan that is not approved or rejected by the Secretary within 90 days, not including the time required for public comment under chapter 170 of this title, following submission by a producer shall be deemed approved.

  (b) Plan amendment; changes. Any changes to a proposed battery stewardship plan shall be approved by the Secretary in writing. The Secretary, in the Secretary’s discretion or at the request of a producer, may require a producer or a battery stewardship organization to amend an approved plan.

  (c) Public review. When the Secretary receives a request to approve or amend a battery stewardship plan under this subchapter, the Secretary shall proceed in accordance with chapter 170 of this title.

  (d) [Repealed.]

  (e) Registrations. The Secretary shall accept, review, and approve or deny battery stewardship organization registrations submitted under section 7583 of this title.

  (f) Agency website. The Secretary shall maintain a website that includes a copy of all approved battery stewardship plans, the names of producers with approved plans, participation in approved plans, or other compliance with this chapter. The website shall list all of an approved primary battery producer’s, rechargeable battery producer’s, and battery-containing product producer’s brands covered by a battery stewardship plan filed with the Secretary. The Secretary shall update information on the website within 10 days following receipt of notice of any change to the listed information. The website shall list all known primary battery producers, rechargeable battery producers, and battery-containing product producers exempt from the requirements of this chapter under subsection 7582(c) of this title.

  (g) Term of battery stewardship plan. A battery stewardship plan approved by the Secretary under this section shall have a term not to exceed five years, provided that the battery producer or battery stewardship organization remains in compliance with the requirements of this chapter and the terms of the approved plan. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2015, No. 150 (Adj. Sess.), § 31, eff. Jan. 1, 2018; 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7587. Retailer obligations [Effective until January 1, 2026; see also 10 V.S.A. § 7587 effective January 1, 2026, set out below]

  (a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery on or after January 1, 2016 unless the producer of the primary battery is implementing an approved primary battery stewardship plan, is a member of a primary battery stewardship organization implementing an approved primary battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.

  (b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery under this subsection if:

  (1) the retailer purchased the primary battery prior to January 1, 2016 and sells the primary battery on or before January 1, 2017; or

  (2) the producer’s primary battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries prior to the expiration or revocation of the producer’s primary battery stewardship plan.

  (c) Educational material. A producer or primary battery stewardship organization supplying primary batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries. The retailer shall make the educational materials available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)

• § 7587. Retailer obligations [Effective January 1, 2026; see also 10 V.S.A. § 7587 effective until January 1, 2026, set out above]

  (a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery, rechargeable battery, or battery-containing product on or after January 1, 2026 unless the producer of the primary battery, rechargeable battery, or battery-containing product is implementing an approved battery stewardship plan, is a member of a battery stewardship organization implementing an approved battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.

  (b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery, rechargeable battery, or battery-containing product under this subsection if:

  (1) the retailer purchased the primary battery weighing 4.4 pounds or less prior to January 1, 2016 and sells the primary battery on or before January 1, 2017;

  (2) the retailer purchased the primary battery weighing more than 4.4. pounds, battery-containing product, or rechargeable battery, prior to January 1, 2026 and sells the primary battery, battery-containing product, or rechargeable battery on or before January 1, 2027; or

  (3) the producer’s battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries, rechargeable batteries, or battery-containing products prior to the expiration or revocation of the producer’s battery stewardship plan.

  (c) Educational material. A producer or battery stewardship organization supplying covered batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries and rechargeable batteries. The retailer shall make the educational materials available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. January 1, 2026.)

• Subchapter 003: REGISTRATION OF RECHARGEABLE BATTERY STEWARDSHIP ORGANIZATION

• § 7588. Repealed. 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.

  (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)

• Subchapter 004: REIMBURSEMENT

• § 7589. Reimbursement; authorization

  (a) Reimbursement of primary battery producers and rechargeable battery producers.

  (1) A producer or a battery stewardship organization operating under an approved battery stewardship plan that collects primary batteries and rechargeable batteries that are not listed under its approved plan shall be entitled to reimbursement from the following entities of reimbursable costs per unit of weight incurred in collecting the batteries: the producer of the collected primary battery or rechargeable battery or the battery stewardship organization representing the producer of the collected primary battery or rechargeable battery.

  (2) Reimbursement may be requested by a collecting primary battery producer or rechargeable battery producer or battery stewardship organization only after that producer or battery stewardship organization has achieved the collection rate performance goal approved by the Secretary under section 7584 of this title.

  (b) Reimbursable costs. Under this subchapter, reimbursement shall be allowed only for those costs incurred in collecting the batteries subject to the reimbursement request. Reimbursable costs include:

  (1) costs of collection, transport, recycling, and other methods of disposition identified in a battery stewardship plan approved pursuant to section 7586 of this title; and

  (2) reasonable educational, promotional, or administrative costs. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7590. Reimbursement process

  (a) Reimbursement request.

  (1) A battery producer or battery stewardship organization that incurs reimbursable costs under section 7589 of this title shall submit a request to the producer of the collected battery or the battery stewardship organization in which the producer is participating for the collected covered battery.

  (2) A producer or battery stewardship organization that receives a request for reimbursement may, prior to payment and within 30 days following receipt of the request for reimbursement, request an independent audit of submitted reimbursement costs.

  (3) The independent auditor shall be responsible for verifying the reasonableness of the reimbursement request, including the costs sought for reimbursement, the amount of reimbursement, and the reimbursable costs assessed by each of the two programs.

  (4) If the independent audit confirms the reasonableness of the reimbursement request, the producer or battery stewardship organization, requesting the audit shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor. If the independent audit indicates the reimbursement request was not reasonable, the producer or battery stewardship organization that initiated the reimbursement request shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor.

  (b) Role of Agency. The Agency shall not be required to provide assistance or otherwise participate in a reimbursement request, audit, or other action under this section, unless subject to subpoena before a court of jurisdiction (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• Subchapter 005: PRIVATE RIGHT OF ACTION

• § 7591. Private right of action

  (a) Action against producer with no battery stewardship plan. A producer or a battery stewardship organization implementing an approved battery stewardship plan in compliance with the requirements of this chapter may bring a civil action against another producer or battery stewardship organization for damages when:

  (1) the plaintiff producer or battery stewardship organization incurs more than $1,000.00 in actual reimbursable costs collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries sold or offered for sale in the State by that other producer;

  (2) the producer from whom damages are sought:

  (A) can be identified as the producer of the collected primary batteries or rechargeable batteries from a brand or marking on the discarded battery or from other information available to the plaintiff producer or battery stewardship organization; and

  (B) does not operate or participate in an approved battery stewardship organization in the State or is not otherwise in compliance with the requirements of this chapter.

  (b) Action against producer with an approved battery stewardship plan. A battery producer or a battery stewardship organization in compliance with the requirements of this chapter may bring a civil action for damages against a battery producer or a battery stewardship organization in the State that is in compliance with the requirements of this chapter, provided that the conditions of subsection (c) of this section have been met.

  (c) Condition precedent to cause of action. Except as authorized under subsection (a) of this section, a cause of action under this section shall be allowed only if:

  (1) a plaintiff producer or battery stewardship organization submitted a reimbursement request to another producer or battery stewardship organization under subchapter 4 of this chapter; and

  (2) the plaintiff producer or stewardship organization does not receive reimbursement within:

  (A) 90 days of the reimbursement request, if no independent audit is requested under subchapter 4 of this chapter; or

  (B) 60 days after completion of an audit if an independent audit is requested under subchapter 4 of this chapter, and the audit confirms the validity of the reimbursement request.

  (d) Role of Agency. The Agency shall not be a party to or be required to provide assistance or otherwise participate in a civil action authorized under this section solely due to its regulatory requirements under this chapter, unless subject to subpoena before a court of jurisdiction.

  (e) Damages; definitions. As used in this section, “damages” means the actual, reimbursable costs a plaintiff producer or battery stewardship organization incurs in collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries reasonably identified as having originated from another primary battery producer or battery stewardship organization. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• Subchapter 006: GENERAL PROVISIONS

• § 7592. Confidentiality of submitted data

  (a) Confidentiality. Reports and data submitted under this chapter shall be available for public inspection and copying, provided that:

  (1) Information protected under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under the Public Records Act.

  (2) The Secretary may publish information confidential under subdivision (1) of this subsection in a summary or aggregated form that does not directly or indirectly identify individual producers, battery stewards, distributors, or retailers.

  (b) Omission of trade secret information. The Secretary may require, as a part of a report submitted under this chapter, that the producer or battery stewardship organization submit a report that does not contain trade secret information and is available for public inspection and review.

  (c) Total weight of batteries. The total weight of batteries collected under an approved battery stewardship plan is not confidential business information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, and shall be subject to inspection and review under the Public Records Act, 1 V.S.A chapter 5, subchapter 3. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7593. Antitrust; conduct authorized

  (a) Activity authorized. A producer, group of producers, or a battery stewardship organization implementing or participating in an approved battery stewardship plan under this chapter for the collection, transport, processing, and end-of-life management of primary batteries and rechargeable batteries is individually or jointly immune from liability for the conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the conduct is reasonably necessary to plan, implement, and comply with the producer’s, group of producers’, or battery stewardship organization’s chosen system for managing discarded primary batteries and rechargeable batteries. This subsection shall also apply to conduct of a retailer or wholesaler participating in a producer or battery stewardship organization’s approved battery stewardship plan when the conduct is necessary to plan and implement the producer’s or battery stewardship organization’s organized collection or recycling system for discarded batteries.

  (b) Limitations on anti-trust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of producers, retailers, wholesalers, or battery stewardship organizations affecting the price of primary batteries or rechargeable batteries or any agreement restricting the geographic area in which, or customers to whom, primary batteries or rechargeable batteries shall be sold. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7594. Administrative fee

  (a) Fees assessed. A battery producer or battery stewardship organization shall pay a fee of $15,000.00 annually for operation under a battery stewardship plan approved by the Secretary under section 7586 of this title.

  (b) Disposition of fees. The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund under 3 V.S.A. § 2805. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 7595. Rulemaking; procedure

  The Secretary may adopt rules or procedures to implement the requirements of this chapter. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)