SB 1210 - The act creates the "Lithium Battery Recycling and Safety Act". Under the act, any manufacturer or recycler of batteries in the state shall establish or join a representative organization, as defined in the act. The representative organization shall develop a plan for the establishment of a battery recycling program and submit it to the Director of the Department of Natural Resources for approval no less than every five years. Specifics of the plan are described in the act. The Department shall enforce the representative organization's compliance with the plan pursuant to provisions of current law and establish enforcement procedures and penalties. After the battery recycling program is implemented, a manufacturer or recycler shall not manufacture or recycle batteries in the state unless the manufacturer or recycler participates in the battery recycling program. After the program is implemented, all batteries shall only be disposed into receptacles at collection sites approved by the program and shall not be disposed into household waste or recycle containers. The act shall not prevent a manufacturer or recycler from offering a fee-based battery collection service or a battery mail back service independent of a battery recycling program, provided that the manufacturer or recycler complies with all applicable federal, state, and local laws. Any person may report violations of this act to the Department. If the Department finds that a manufacturer or recycler violated provisions of the act, the Department shall ask the Attorney General to commence a civil action. If the court finds that the manufacturer or recycler violated provisions of the act, the court may grant relief as described in the act. By June 1, 2028, and by June 1st of each following year, a representative organization shall submit an annual report to the Department covering the preceding calendar year of the battery recycling program. Specifics of the report are described in the act. The report shall be posted on the Department's and the representative organization's website. The act is similar to SB 593 (2025). JULIA SHEVELEVA

SECOND REGULAR SESSION SENATE BILL NO. 1210 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BURGER. 3831S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 701, RSMo, by adding thereto one new section relating to battery recycling. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 701, RSMo, is amended by adding thereto 1 one new section, to be known as section 701.155, to read as 2 follows:3 701.155. 1. This section shall be known and may be 1 cited as the "Lithium Battery Recycling and Safety Act". 2 2. As used in this section, the following terms shall 3 mean: 4 (1) "Battery", a medium-format rechargeable battery 5 with a rating between three hundred to two thousand watt- 6 hours, a lithium-ion rechargeable battery that uses lithium 7 ions to store energy, or a portable battery that can be 8 carried by hand and is used to charge or operate electronic 9 devices. A battery does not mean: 10 (a) A battery contained within a medical device; 11 (b) A battery that contains an electrolyte as a free 12 liquid; 13 (c) A lead-acid battery of any size; 14 (d) A battery that is a component of a motor vehicle 15 or intended for use exclusively in a motor vehicle; or 16 (e) A battery that is not intended or designed to be 17 removed from any product that is manufactured, distributed, 18 or sold in the state; 19 SB 1210 2 (2) "Battery recycling program" or "program", a 20 battery recycling program sponsored by the department where 21 the department provides or contracts for the transport, 22 processing, or recycling of batteries; 23 (3) "Collection site", any location, event, or other 24 department-approved collection service at which batteries 25 are accepted into the battery recycling program; 26 (4) "Department", the department of natural resources; 27 (5) "Director", the director of the department of 28 natural resources or the director's designee; 29 (6) "Manufacturer", a person or entity that designs, 30 creates, develops, and produces batteries. A manufacturer 31 does not mean a person or entity who sells batteries; 32 (7) "Recycler", a person or entity engaged in the 33 process of collecting elements from batteries, including, 34 but not limited to, heavy metals and chemicals by physical 35 or chemical recycling methods; 36 (8) "Representative organization", a nonprofit 37 organization established to implement the battery recycling 38 program. 39 3. Any manufacturer or recycler of batteries in the 40 state shall establish or join a representative 41 organization. The representative organization shall develop 42 and submit to the director for the director's approval a 43 plan for the establishment of a battery recycling program no 44 less than every five years. The plan shall: 45 (1) List contact information of each manufacturer or 46 recycler of batteries and battery brands covered by the 47 program; 48 (2) Describe the education and communication 49 strategies used to promote participation in the battery 50 recycling program; 51 SB 1210 3 (3) Describe the methods of funding the battery 52 recycling program in a manner that equitably distributes the 53 program's costs between the members of the representative 54 organization; 55 (4) Establish battery collection rate goals for every 56 year for the first three years after the implementation of 57 the program that are based on the estimated total weight of 58 batteries that have been sold in the state in the previous 59 three calendar years prior to the implementation of the 60 program; 61 (5) Identify proposed battery collection service 62 providers, including sorters, transporters, or processors to 63 be used by the program for the final disposition of 64 batteries; 65 (6) Establish a goal for the number and geographic 66 distribution of sites for the collection of batteries; 67 (7) Describe how the program will compensate service 68 providers for activities conducted under the program, 69 including, but not limited to, collection, transportation, 70 and final disposition of batteries; 71 (8) Describe the public outreach methods used to 72 increase the public awareness of the program; and 73 (9) List any other information the department deems 74 relevant. 75 4. The department shall enforce the representative 76 organization's compliance with the plan under subsection 2 77 of this section and may, by regulation or by using existing 78 regulations promulgated under sections 260.230, 260.240, and 79 260.249, establish enforcement procedures and penalties. 80 5. After the program is implemented, a manufacturer or 81 recycler shall not manufacture or recycle batteries in the 82 SB 1210 4 state unless the manufacturer or recycler participates in a 83 battery recycling program. 84 6. After the program is implemented, all batteries 85 shall only be disposed into receptacles at collection sites 86 approved by the program. A battery shall not be disposed 87 into any household waste or household recycle receptacle or 88 container. 89 7. Nothing in this section shall prevent or prohibit a 90 manufacturer or recycler from offering a fee-based, 91 household collection, or a mail back service for end-of-life 92 batteries independently of a battery recycling program under 93 this section, provided that such manufacturer's or 94 recycler's services under this subsection shall be 95 performed, and such manufacturer or recycler's facilities 96 are operated, in compliance with all applicable federal, 97 state, and local laws and regulations. 98 8. Any person may report violations of this section to 99 the department. If the department finds that a manufacturer 100 or recycler violated provisions of this section, the 101 department shall ask the attorney general to commence a 102 civil action in a court of competent jurisdiction. If the 103 court finds that the manufacturer or recycler violated 104 provisions of this section, the court may grant injunctive 105 relief, damages, attorney fees, and any such other relief 106 the court finds appropriate. 107 9. By June 1, 2028, and by June first of each 108 following year, a representative organization shall submit 109 an annual report to the department covering the preceding 110 calendar year of the battery recycling program. The report 111 shall contain the following: 112 (1) An independent financial assessment of the program 113 by a third-party assessor, including a breakdown of the 114 SB 1210 5 program's expenses, including, but not limited to, 115 collection expenses, recycling expenses, and public outreach 116 expenses; 117 (2) Annual weight of batteries collected under the 118 program; 119 (3) The collection rate achieved under the program, 120 including a description of how the collection rate was 121 calculated; 122 (4) A list of all facilities used in the collection, 123 transportation, processing, or disposition of batteries; 124 (5) An estimated aggregate sales of batteries sold in 125 the state; and 126 (6) Any other information the department deems 127 relevant. 128 10. The report under subsection 9 of this section 129 shall be posted on the department's website and on the 130 website of the representative organization. 131 11. The department may promulgate rules to implement 132 the provisions of this section. Any rule or portion of a 133 rule, as that term is defined in section 536.010, that is 134 created under the authority delegated in this section shall 135 become effective only if it complies with and is subject to 136 all of the provisions of chapter 536 and, if applicable, 137 section 536.028. This section and chapter 536 are 138 nonseverable and if any of the powers vested with the 139 general assembly pursuant to chapter 536 to review, to delay 140 the effective date, or to disapprove and annul a rule are 141 subsequently held unconstitutional, then the grant of 142 rulemaking authority and any rule proposed or adopted after 143 August 28, 2026, shall be invalid and void. 144 ✓