The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Battery-containing product" means a product that contains or is packaged with rechargeable or primary batteries that are covered batteries.
(b) A "battery-containing product" does not include a covered electronic product under an approved plan implemented under chapter
70A.500 RCW.
(2) "Battery management hierarchy" means a management system of covered batteries prioritized in descending order as follows:
(a) Waste prevention and reduction;
(b) Reuse, when reuse is appropriate;
(c) Recycling, as defined in this chapter; and
(d) Other means of end-of-life management, which may only be utilized after demonstrating to the department that it is not feasible to manage the batteries under the higher priority options in (a) through (c) of this subsection.
(3) "Battery stewardship organization" means a producer that directly implements a battery stewardship plan required under this chapter or a nonprofit organization designated by a producer or group of producers to implement a battery stewardship plan required under this chapter.
(4) "Collection rate" means a percentage, by weight, that a battery stewardship organization collects that is calculated by dividing the total weight of primary and rechargeable batteries collected during the previous calendar year by the average annual weight of primary and rechargeable batteries that were estimated to have been sold in the state by all producers participating in an approved battery stewardship plan during the previous three calendar years.
(5)(a) "Covered battery" means a portable battery or, beginning January 1, 2029, a medium format battery.
(b) "Covered battery" does not include:
(i) A battery contained within a medical device, as specified in Title 21 U.S.C. Sec. 321(h) as it existed as of July 23, 2023, that is not designed and marketed for sale or resale principally to consumers for personal use;
(ii) A battery that contains an electrolyte as a free liquid;
(iii) A lead acid battery weighing greater than 11 pounds;
(v) A battery in a battery-containing product that is not intended or designed to be easily removable from the battery-containing product.
(6) "Department" means the department of ecology.
(7) "Easily removable" means designed by the manufacturer to be removable by the user of the product with no more than commonly used household tools.
(8) "Environmentally sound management practices" means practices that: (a) Comply with all applicable laws and rules to protect workers, public health, and the environment; (b) provide for adequate recordkeeping, tracking, and documenting of the fate of materials within the state and beyond; and (c) include comprehensive liability coverage for the battery stewardship organization, including environmental liability coverage that is commercially practicable.
(9) "Final disposition" means the final processing of a collected battery to produce usable end products, at the point where the battery has been reduced to its constituent parts, reusable portions made available for use, and any residues handled as wastes in accordance with applicable law.
(10) "Large format battery" means:
(a) A rechargeable battery that weighs more than 25 pounds or has a rating of more than 2,000 watt-hours; or
(b) A primary battery that weighs more than 25 pounds.
(11) "Medium format battery" means the following primary or rechargeable covered batteries:
(a) For rechargeable batteries, a battery weighing more than 11 pounds or has a rating of more than 300 watt-hours, or both, and no more than 25 pounds and has a rating of no more than 2,000 watt-hours;
(b) For primary batteries, a battery weighing more than 4.4 pounds but not more than 25 pounds.
(12) "Portable battery" means the following primary or rechargeable covered batteries:
(a) For rechargeable batteries, a battery weighing no more than 11 pounds and has a rating of no more than 300 watt-hours;
(b) For primary batteries, a battery weighing no more than 4.4 pounds.
(13) "Primary battery" means a battery that is not capable of being recharged.
(14)(a) "Producer" means the following person responsible for compliance with requirements under this chapter for a covered battery or battery-containing product sold, offered for sale, or distributed in or into this state:
(i) For covered batteries:
(A) If the battery is sold under the brand of the battery manufacturer, the producer is the person that manufactures the battery;
(B) If the battery is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner;
(C) If there is no person to which (a)(i)(A) or (B) of this subsection applies, the producer is the person that is the licensee of a brand or trademark under which the battery is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state;
(D) If there is no person described in (a)(i)(A) through (C) of this subsection within the United States, the producer is the person who is the importer of record for the battery into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the battery in this state;
(E) If there is no person described in (a)(i)(A) through (D) of this subsection with a commercial presence within the state, the producer is the person who first sells, offers for sale, or distributes the battery in or into this state.
(ii) For covered battery-containing products:
(A) If the battery-containing product is sold under the brand of the product manufacturer, the producer is the person that manufactures the product;
(B) If the battery-containing product is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner;
(C) If there is no person to which (a)(ii)(A) or (B) of this subsection applies, the producer is the person that is the licensee of a brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state;
(D) If there is no person described in (a)(ii)(A) through (C) of this subsection within the United States, the producer is the person who is the importer of record for the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in this state;
(E) If there is no person described in (a)(ii)(A) through (D) of this subsection with a commercial presence within the state, the producer is the person who first sells, offers for sale, or distributes the product in or into this state;
(F) A producer does not include any person who only manufactures, sells, offers for sale, distributes, or imports into the state a battery-containing product if the only batteries used by the battery-containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery under this chapter. Such a producer of covered batteries that are included in a battery-containing product must provide 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.
(b) A person is the "producer" of a covered battery or covered battery-containing product sold, offered for sale, or distributed in or into this state, as defined in (a) of this subsection, except where another party has contractually accepted responsibility as a responsible producer and has joined a registered battery stewardship organization as the producer for that covered battery or covered battery-containing product under this chapter.
(15) "Program" means a program implemented by a battery stewardship organization consistent with an approved battery stewardship plan.
(16) "Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, designed to be recharged.
(17) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than:
(a) Combustion;
(b) Incineration;
(c) Energy generation;
(d) Fuel production; or
(e) Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.
(18) "Recycling efficiency rate" means the ratio of the weight of covered battery components and materials recycled by a program operator from covered batteries to the weight of those covered batteries collected by the program operator.
(19) "Retailer" means a person who sells covered batteries or battery-containing products in or into this state or offers or otherwise makes available covered batteries or battery-containing products to a customer, including other businesses, for use by the customer in this state.
(20) "Urban area" means an area delineated by the United States census bureau, based on a minimum threshold of 2,000 housing units or 5,000 people, as of January 1, 2023.
