81-15,321.

Battery stewardship organization; report to department; contents; audit.

(1) No later than June 1, 2029, and no later than June 1 of each year thereafter, a battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317 shall submit to the department a report that includes:

(a) A summary financial statement documenting the financing of the plan and an analysis of plan costs and expenditures, including an analysis of the plan's expenses, such as collection, transportation, recycling, education, and administrative overhead. The summary financial statement shall be sufficiently detailed to provide transparency that funds collected from producers are spent on plan implementation in this state;

(b) The weight, by chemistry, of covered batteries collected under the plan;

(c) The weight of materials recycled from covered batteries collected under the plan, in total, and by method of battery recycling;

(d) A calculation of the recycling efficiency rate under the plan;

(e) A list of all facilities used in the processing or disposition of covered batteries under the plan and a summary of any violations of environmental laws and regulations during the previous three years at each facility;

(f) For each facility used for the final disposition of covered batteries under the plan, a description of how the facility recycled or otherwise managed batteries and battery components;

(g) The weight and chemistry of covered batteries sent to each facility that is used for the final disposition of batteries. This information may be approximated based on extrapolations of national or regional data for programs in operation in multiple states;

(h) The estimated aggregate sales, by weight and chemistry, of covered batteries, including covered batteries contained in or packaged with battery containing products, sold in this state by the battery stewardship organization's participating producers for each of the previous three calendar years;

(i) A description of how collected batteries were managed and recycled, including a discussion of best available technologies and the recycling efficiency rate;

(j) A description of education and outreach efforts supporting plan implementation, including:

(i) A summary of education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers to promote the collection and recycling of covered batteries;

(ii) A description of how that education and outreach met the requirements of section 81-15,320;

(iii) Samples of education and outreach materials;

(iv) A summary of coordinated education and outreach efforts with any other battery stewardship organizations implementing a battery stewardship plan; and

(v) A summary of any changes made during the previous calendar year to education and outreach activities;

(k) A list of all collection sites used to implement the plan, an address for each listed site, a link to the website of each listed site, if available, and an up-to-date map indicating the location of each site;

(l) A description of methods used to collect, transport, and recycle covered batteries under the plan;

(m) A summary of progress made toward the performance goals under the plan, and an explanation of why performance goals were not met, if applicable;

(n) An evaluation of the effectiveness of education and outreach activities; and

(o) If a battery stewardship organization has disposed of covered batteries through energy recovery, incineration, or landfilling during the preceding calendar year of plan implementation, the steps that the battery stewardship organization will take to make the recycling of covered batteries cost-effective, when possible, or to otherwise increase battery recycling efficiency rates achieved by the battery stewardship organization.

(2) After five years of implementation of an approved battery stewardship plan, a battery stewardship organization or a producer member of such 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 auditor shall also examine the cost-effectiveness of the plan and compare it to the cost-effectiveness of collection plans and programs for covered batteries in other jurisdictions. A copy of such audit shall be submitted to the department.