From: Garrett Iannella
Date: 8/4/97 4:35pm
Subject: Vehicle Batteries

The state of Rhode Island requires vehicle battery distributors to take in either: (1) an old battery or (2) a $5 fee when a consumer purchases a new battery. This program was implemented to keep old batteries out of landfills. Every year, battery distributors are required to submit collected battery fees to the Department of Environmental Management. This program generates a little more than $40k per year that goes directly into the state's general fund. For many years, battery distributors have argued that this law is not necessary because old batteries have a value and, therefore, they will not be landfilled regardless of whether a law exists.

A few questions:

1. Are there any states out there that have a law similar to Rhode Island's? If so, what is industry's reaction to that law?

2. Does anyone have evidence that a sufficient market incentive exists for keeping batteries out of landfills and ensuring they make it to appropriate recyclers?

From:Kim Trella
Date: 8/5/97 8:56am
Subject: Vehicle Batteries -Reply

We have a similar law in CT, the only difference is that the retailers are allowed to keep the $5 if the customer does not return a battery. We have not had any complaints about this.

There is a pretty good return rate on batteries anyway, but I'm certain that the $5 makes more people recycle them. Maybe you could change your law to allow the retailers to keep the $5 for unreturned batteries. All complaints would cease. Amazing how that works.

From: Mike Winka
Date: 8/5/97 11:11am
Subject: Vehicle Batteries -Reply

We have two similar laws:

1. NJSA 13:1E-199 Recycling of Lead Acid (Vehicle) Batteries Act prohibits the disposal of lead-acid batteries as solid waste and requires retailers to accept them for proper recycling. The Department is required to establish a public education program with no funding. So, DSHW has a minimal program.

2. NJSA 13:1E-99.56 Dry Cell Battery Management Act requires manufacturers to develop and get approval for a battery management plan that designates a collection system, funding source, strategy for informing consumers about the program, and statewide education and implementation of an industrywide labeling system for rechargeable nickel-cadmium (Ni-Cd) sealed lead-acid and mercuric-oxide batteries. We have an approved plan for Ni-Cd batteries and a plan for small sealed lead-acid batteries that requires modifications, and no plan by any mercuric-oxide battery manufacturer. The law states that a manufacturer must have an approved plan if they are to sell their batteries in New Jersey; consequently, mercuric-oxide manufacturers cannot legally sell their product in New Jersey. There was no specific funding for this program because it was supposed to operate without oversight. We have a report by Gershman, Brickner & Bratton (GBB) that shows a problem with small sealed lead acid batteries.

From: johnm@wasteman.anr.state.vt.us
Date: 8/5/97 11:11am
Subject: Vehicle Batteries -Reply

In Vermont the battery recycling market has pretty much taken care of itself. Auto batteries rarely show up in the trash.

Lead-acid batteries have been banned from landfill disposal since 1990. In 1993, the legislature enacted mandatory take-back provisions for both battery wholesalers and retailers. However, no deposits or fees were included in that legislation.

In addition to retailer take back and junk yards that buy batteries, about a quarter of the local recycling programs in the state also accept lead-acid batteries.

From: Michael Ohlsen TAL 904-487-4937
Date: 8/5/97 4:41pm
Subject: Vehicle Batteries -Reply

1. Are there any states out there that have a law similar to Rhode Island's? If so, what is industry's reaction to that law?

Florida has a required take-back provision for retailers. There is also a $1.50 fee assessed on each battery sold in Florida. That fee goes into a Water Quality Assurance Trust Fund for cleaning up hazardous waste sites. The main reaction has been from used car dealers who object to the double fee collection (i.e., once during the sale of the new car and once for the sale of the used car).

2. Does anyone have evidence that sufficient market incentives exist for keeping batteries out of landfills and ensuring they make it to appropriate recyclers?

BCI has claimed a high rate (~ 95 percent) of recycling over the last few years, but last year this dropped to <90 percent. We don't have a Florida-specific estimate on how successful market forces (the price of lead) has had on battery diversion from MSW.>

For more details on Florida's battery program, contact David Kelley, Florida Department of Environmental Protection, at 850 488-0300.

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