*NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) All producers of covered batteries and covered battery-containing products sold or offered for sale in the District of Columbia, including retail, wholesale, business-to-business, and online sales, shall:
(1) Be a member of a battery stewardship organization pursuant to § 8-771.04; and
(2) As part of a battery stewardship organization, implement a battery collection program as set forth in an approved battery stewardship plan that provides for collection of all primary and rechargeable batteries on a free, regular, convenient, and accessible basis. At the time of collection, there shall be no cost to consumers, retailers, or the District.
(b) On or before January 1, 2023, a battery stewardship organization shall submit a proposed battery stewardship plan to DOEE for review. A battery stewardship organization shall implement the battery stewardship plan no later than 90 days after the plan is approved.
(c) A producer shall not be subject to the requirements in subsection (a) of this section if the producer sells or offers for sale in the District only batteries or battery-containing products that were imported into the District before October 1, 2021.
(Feb. 26, 2015, D.C. Law 20-154, § 129; as added Mar. 16, 2021, D.C. Law 23-211, § 2(q), 68 DCR 00068; Oct. 17, 2022, D.C. Act 24-559, § 2(b), 0 DCR 0.)
Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.
Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.
Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the creation of this section by § 2(q) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
For temporary (90 days) amendment of this section, see § 2(b) of Battery and Electronic Stewardship Emergency Amendment Act of 2022 (D.C. Act 24-559, Oct. 17, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2 of Battery Stewardship Program Emergency Amendment Act of 2021 (D.C. Act 24-249, Dec. 22, 2021, 68 DCR 014061).
For temporary (225 days) amendment of this section, see § 2 of Battery Stewardship Program Temporary Amendment Act of 2021 (D.C. Law 24-99, Mar. 15, 2022, 69 DCR 000593).
Structure District of Columbia Code
Title 8 - Environmental and Animal Control and Protection
Chapter 7E - Battery Producer Responsibility
§ 8–771.02. Battery collection
§ 8–771.03. Battery stewardship plan
§ 8–771.04. Battery stewardship organization
§ 8–771.06. DOEE responsibilities
§ 8–771.08. Immunity from liability; confidential information