Creates provisions relating to a battery recycling

FIRST REGULAR SESSION SENATE BILL NO. 593 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BURGER. 2038S.02I 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 sectio n, 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 593 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) "Representative organization", a nonprofit 30 organization established to implement the battery recycling 31 program. 32 3. Any person or entity engaged in the manufacture, 33 distribution, or sale of batteries in the state shall 34 establish or join a representative organization. The 35 representative organization shall develop and submit to the 36 director for the director's approval a plan for the 37 establishment of a battery recycling program no less than 38 every five years. The plan shall: 39 (1) List contact information of each person or entity 40 engaged in the manufacture, distribution, or sale of 41 batteries and battery brands covered by the program; 42 (2) Describe the education and communication 43 strategies used to promote participation in the battery 44 recycling program; 45 (3) Describe the methods of funding the battery 46 recycling program in a manner that equitably distributes the 47 program's costs between the members of the representative 48 organization; 49 (4) Establish battery collection rate goals for every 50 year for the first three years after the implementation of 51 SB 593 3 the program that are based on the estimated total weight of 52 batteries that have been sold in the state in the previous 53 three calendar years prior to the implementation of the 54 program; 55 (5) Identify proposed battery collection service 56 providers, including sorters, transporters, or processors to 57 be used by the program for the final disposition of 58 batteries; 59 (6) Establish a goal for the number and geographic 60 distribution of sites for the collection of batteries; 61 (7) Describe how the program will compensate service 62 providers for activities conducted under the program, 63 including but not limited to collection, transportation, and 64 final disposition of batteries; 65 (8) Describe the public outreach methods used to 66 increase the public awareness of the program; and 67 (9) List any other information the department deems 68 relevant. 69 4. The department shall enforce the representative 70 organization's compliance with the plan under subsection 2 71 of this section and may, by regulation or by using existing 72 regulations promulgated under section 260.230, 260.240, and 73 260.249, establish enforcement procedures and penalties. 74 5. After the program is implemented, a person or an 75 entity shall not manufacture, distribute, sell, or make 76 available for sale batteries in the state unless the person 77 or entity participates in a battery recycling program. A 78 person or an entity shall not charge a point-of-sale fee to 79 consumers to cover the costs of the battery recycling 80 program. 81 6. After the program is implemented, all batteries 82 shall only be disposed into receptacles at collection sites 83 SB 593 4 approved by the program. A battery shall not be disposed 84 into any household waste or household recycle receptacle or 85 container. 86 7. A person or an entity engaged in the manufacture, 87 distribution, or sale of batteries shall be deemed to be in 88 compliance with this section if, on the date a battery is 89 offered for sale, the person or entity is listed on the 90 department's website as being included in the program. 91 8. Any person may report violations of this section to 92 the department. If the department finds that the person or 93 entity engaged in the manufacture, distribution, or sale of 94 batteries violated provisions of this section, the 95 department shall ask the attorney general to commence a 96 civil action in a court of competent jurisdiction. If the 97 court finds that the person or entity violated provisions of 98 this section, the court may grant injunctive relief, 99 damages, attorney fees, and any such other relief the court 100 finds appropriate. 101 9. By June 1, 2027, and by June first of each 102 following year, a representative organization shall submit 103 an annual report to the department covering the preceding 104 calendar year of the battery recycling program. The report 105 shall contain the following: 106 (1) An independent financial assessment of the program 107 by a third-party assessor, including a breakdown of the 108 program's expenses, including but not limited to collection 109 expenses, recycling expenses, and public outreach expenses; 110 (2) Annual weight of batteries collected under the 111 program; 112 (3) The collection rate achieved under the program, 113 including a description of how the collection rate was 114 calculated; 115 SB 593 5 (4) A list of all facilities used in the collection, 116 transportation, processing, or disposition of batteries; 117 (5) An estimated aggregate sales of batteries sold in 118 the state; and 119 (6) Any other information the department deems 120 relevant. 121 10. The report under subsection 9 of this section 122 shall be posted on the department's website and on the 123 website of the representative organization. 124 11. The department shall promulgate rules to implement 125 the provisions of this section. Any rule or portion of a 126 rule, as that term is defined in section 536.010, that is 127 created under the authority delegated in this section shall 128 become effective only if it complies with and is subject to 129 all of the provisions of chapter 536 and, if applicable, 130 section 536.028. This section and chapter 536 are 131 nonseverable and if any of the powers vested with the 132 general assembly pursuant to chapter 536 to review, to delay 133 the effective date, or to disapprove and annul a rule are 134 subsequently held unconstitutional, then the grant of 135 rulemaking authority and any rule proposed or adopted after 136 August 28, 2025, shall be invalid and void. 137 