*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*
For the purposes of this chapter, the term:
(1) "Battery" means a device that consists of one or more electrically connected electrochemical cells and is designed to store and deliver electric energy.
(2) "Battery-containing product" means a product that contains or is packaged with a rechargeable or primary battery. The term "battery-containing product" does not include:
(A) Covered electronic equipment, as that term is defined in§ 8-1041.01(4);
(B) A product in which the only batteries used are supplied by a producer that:
(i) Is a member of a battery stewardship organization that has an approved battery stewardship plan pursuant to § 8-771.03(b) and is registered in accordance with § 8-771.04(b); and
(ii) Has provided written certification of that membership to both the producer of the covered battery-containing product and the battery stewardship organization of which the battery producer is a member;
(C) A medical device, as described in 21 U.S.C. § 360c; provided, that the medical device is not designed and marketed for sale or resale principally to consumers for personal use; or
(D) A motor vehicle, part of a motor vehicle, or a component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.
(3) "Battery stewardship organization" means an organization registered under § 8-771.04(b).
(4) "Brand" means a trademark, including both a registered and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered battery or covered battery-containing product, and identifies the owner or licensee of the brand.
(5) "Collection rate" means a percentage, by weight, that a battery stewardship organization collects that is calculated by dividing the total weight of batteries that were estimated to have been sold in the District by all producers participating in an approved battery stewardship plan during the previous 3 calendar years.
(6) "Covered battery" means a new or unused primary battery or rechargeable battery.
(7) "Covered battery-containing product" means a new or unused battery-containing product.
(8) "DOEE" means the District Department of Energy and Environment.
(9) "Performance goal" means a metric proposed in a battery stewardship plan to measure, on an annual basis, the performance of that plan, taking into consideration technical feasibility and economic practicality, in achieving continuous, meaningful progress to improve the rate of battery recycling in the District. The term "performance goal" includes target collection rates, target recycling efficiencies by battery recycling process, and goals for public awareness, convenience, and accessibility.
(10) "Primary battery" means a non-rechargeable battery that weighs 4.4 pounds (2 kilograms) or less, including alkaline, carbon-zinc, and lithium metal batteries.
(11) "Producer" means, with respect to a covered battery or covered battery-containing product that is sold, offered for sale, or distributed for sale in the District:
(A) A person who manufacturers a covered battery or covered battery-containing product and sells or offers for sale in the District that covered battery or battery-containing product under the person's own brand;
(B) If there is no person to which subparagraph (A) of this paragraph applies, the owner or licensee of a brand under which a covered battery or covered battery-containing product is sold, offered for sale, or distributed in the District, whether or not the trademark is registered; or
(C) If there is no person to which subparagraph (A) or (B) of this paragraph applies, a person that imports the covered battery or covered battery-containing product into the United States for sale or distribution in the District.
(12) "Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, designed to be recharged, that weighs less than 11 pounds (5 kilograms) and has a Watt-hour rating of no more than 300 Watt-hours. The term "rechargeable battery" does not include:
(A) A battery that contains electrolyte as a free liquid, or
(B) A battery that employs lead-acid technology, unless that battery is sealed and contains no free liquid electrolyte.
(13) "Recycling" means the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for use as raw materials or in the manufacture of products other than fuel.
(Feb. 26, 2015, D.C. Law 20-154, § 128; as added Mar. 16, 2021, D.C. Law 23-211, § 2(q), 68 DCR 00068; Aug. 23, 2021, D.C. Act 24-159, § 6062(e), 68 DCR 008602.)
ApplicabilityApplicability 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.
Emergency LegislationFor temporary (90 days) amendment of this section, see § 6062(e) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).