Battery recycling.

Introduced Version HOUSE BILL No. 1231 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 13-11-2; IC 13-20.7. Synopsis: Battery recycling. Provides that a retailer may not sell, offer for sale, or distribute for sale a covered battery unless: (1) the producer joins a battery stewardship organization; and (2) the battery is approved under a battery stewardship plan. Provides that a battery stewardship organization shall submit a battery stewardship plan (plan) to the Indiana department of environmental management (department) for approval. Sets out certain requirements with respect to a plan. Establishes the battery stewardship fund to cover the department's expenses in administering this act. Requires the department to publish certain information regarding battery recycling on the department's website. Provides that a battery stewardship organization may recover, under certain circumstances, all costs associated with collecting a covered battery from the producer. Prohibits a person from improperly recycling a covered battery. Defines certain terms. Effective: July 1, 2026. Miller D, Baird, Errington, Hamilton January 5, 2026, read first time and referred to Committee on Environmental Affairs. 2026 IN 1231—LS 6858/DI 153 Introduced Second Regular Session of the 124th General Assembly (2026) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2025 Regular Session of the General Assembly. HOUSE BILL No. 1231 A BILL FOR AN ACT to amend the Indiana Code concerning environmental law. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 13-11-2-17.5 IS ADDED TO THE INDIANA 2 CODE AS A NEW SECTION TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2026]: Sec. 17.5. "Battery stewardship 4 organization", for purposes of sections 31.7 and 180.3 of this 5 chapter and IC 13-20.7, means an organization designated by a 6 producer to implement a battery stewardship plan approved by the 7 department under IC 13-20.7. 8 SECTION 2. IC 13-11-2-31.7 IS ADDED TO THE INDIANA 9 CODE AS A NEW SECTION TO READ AS FOLLOWS 10 [EFFECTIVE JULY 1, 2026]: Sec. 31.7. "Collection rate", for 11 purposes of IC 13-20.7, means the percentage calculated by 12 dividing: 13 (1) the total weight of covered batteries collected by a battery 14 stewardship organization in Indiana during a calendar year; 15 by 16 (2) the average annual weight of covered batteries estimated 17 to have been sold by all producers in Indiana during the 2026 IN 1231—LS 6858/DI 153 2 1 previous three (3) calendar years. 2 SECTION 3. IC 13-11-2-47.3 IS ADDED TO THE INDIANA 3 CODE AS A NEW SECTION TO READ AS FOLLOWS 4 [EFFECTIVE JULY 1, 2026]: Sec. 47.3. "Covered battery", for 5 purposes of this chapter and IC 13-20.7, means a portable battery 6 or a medium format battery. 7 SECTION 4. IC 13-11-2-128.1 IS ADDED TO THE INDIANA 8 CODE AS A NEW SECTION TO READ AS FOLLOWS 9 [EFFECTIVE JULY 1, 2026]: Sec. 128.1. "Medium format battery", 10 for purposes of section 47.3 of this chapter, means a: 11 (1) nonrechargeable battery that weighs more than four and 12 four-tenths (4.4) pounds but less than or equal to twenty-five 13 (25) pounds; or 14 (2) rechargeable battery that: 15 (A) weighs more than eleven (11) pounds or has a rating of 16 more than three hundred (300) watt hours; and 17 (B) weighs less than or equal to twenty-five (25) pounds 18 and has a rating of less than or equal to two thousand 19 (2,000) watt hours. 20 SECTION 5. IC 13-11-2-166.7 IS ADDED TO THE INDIANA 21 CODE AS A NEW SECTION TO READ AS FOLLOWS 22 [EFFECTIVE JULY 1, 2026]: Sec. 166.7. "Portable battery", for 23 purposes of section 47.3 of this chapter, means a: 24 (1) nonrechargeable battery that weighs less than or equal to 25 four and four-tenths (4.4) pounds; or 26 (2) rechargeable battery that weighs less than or equal to 27 eleven (11) pounds and has a rating of less than or equal to 28 three hundred (300) watt hours. 29 SECTION 6. IC 13-11-2-171.5 IS ADDED TO THE INDIANA 30 CODE AS A NEW SECTION TO READ AS FOLLOWS 31 [EFFECTIVE JULY 1, 2026]: Sec. 171.5. "Producer", for purposes 32 of sections 17.5 and 31.7 of this chapter and IC 13-20.7, means a 33 person who manufactures a covered battery. 34 SECTION 7. IC 13-11-2-178.3 IS ADDED TO THE INDIANA 35 CODE AS A NEW SECTION TO READ AS FOLLOWS 36 [EFFECTIVE JULY 1, 2026]: Sec. 178.3. "Rechargeable battery", 37 for purposes of sections 128.1 and 166.7 of this chapter, means a 38 battery that: 39 (1) contains one (1) or more voltaic or galvanic cells 40 electrically connected to produce electric energy; and 41 (2) is designed to be recharged. 42 SECTION 8. IC 13-11-2-180, AS AMENDED BY P.L.54-2023, 2026 IN 1231—LS 6858/DI 153 3 1 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2026]: Sec. 180. (a) "Recycling", for purposes of 3 IC 13-20-17.5 and IC 13-21: 4 (1) means a process by which materials that would otherwise 5 become solid waste are: 6 (A) collected; 7 (B) separated or processed; and 8 (C) converted into materials or products for reuse or sale; and 9 (2) includes advanced recycling. 10 (b) "Recycling", for purposes of section 179.9 of this chapter and 11 IC 13-20.5, means the process of collecting and preparing video display 12 devices or covered electronic devices for use in manufacturing 13 processes or for recovery of useable materials followed by delivery of 14 the materials for use. The term does not include the following: 15 (1) Destruction of recyclable materials by incineration or another 16 process. 17 (2) Land disposal of recyclable materials. 18 (3) Reuse, repair, or any other process through which video 19 display devices or covered electronic devices are returned to use 20 for covered entities in their original form. 21 (c) "Recycling", for purposes of IC 13-20.7, means the process 22 of collecting and preparing a covered battery for: 23 (1) use in a manufacturing process; or 24 (2) the recovery and delivery of usable materials. 25 However, the term does not include the destruction of a covered 26 battery, land disposal of recyclable materials, or any process by 27 which a covered battery is returned to its original form such as a 28 repair. 29 SECTION 9. IC 13-11-2-180.3 IS ADDED TO THE INDIANA 30 CODE AS A NEW SECTION TO READ AS FOLLOWS 31 [EFFECTIVE JULY 1, 2026]: Sec. 180.3. "Recycling efficiency 32 rate", for purposes of IC 13-20.7, means the percentage calculated 33 by dividing: 34 (1) the weight of components and materials recycled by a 35 battery stewardship organization; by 36 (2) the weight of covered batteries collected by the battery 37 stewardship organization. 38 SECTION 10. IC 13-11-2-194, AS AMENDED BY P.L.176-2023, 39 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2026]: Sec. 194. (a) "Retailer", for purposes of IC 13-20-14, 41 means a person engaged in the business of selling new tires at retail in 42 Indiana. 2026 IN 1231—LS 6858/DI 153 4 1 (b) "Retailer", for purposes of IC 13-20-16, means a person engaged 2 in the business of selling lead acid batteries at retail in Indiana. 3 (c) "Retailer", for purposes of section 195.7 of this chapter and 4 IC 13-20.5, means a person that sells, rents, or leases, through sales 5 outlets, catalogs, or the Internet, a video display device to a covered 6 entity and not for resale in any form. 7 (d) "Retailer", for purposes of IC 13-20.7, means a person that: 8 (1) sells; 9 (2) offers for sale; or 10 (3) distributes; 11 a covered battery. 12 (d) (e) "Retailer", for purposes of section 0.4 of this chapter and 13 IC 13-23, means a person who purchases motor fuel for sale to the 14 general public for ultimate consumption. 15 SECTION 11. IC 13-20.7 IS ADDED TO THE INDIANA CODE 16 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 17 1, 2026]: 18 ARTICLE 20.7. RECYCLING OF BATTERIES 19 Chapter 1. Applicability 20 Sec. 1. Except as provided in IC 13-20.7-5-2, this article does not 21 apply to a covered battery: 22 (1) regulated by IC 13-20-16; 23 (2) sold or packaged with a product; 24 (3) that is: 25 (A) in a product; and 26 (B) not designed to be easily removable from the product; 27 (4) that contains an electrolyte as a free liquid; 28 (5) designed to power a motor vehicle, in whole or part, or a 29 component of a motor vehicle; or 30 (6) that has been recalled for safety reasons. 31 Chapter 2. Requirements 32 Sec. 1. Beginning January 1, 2030, a retailer may not sell, offer 33 for sale, or distribute for sale a covered battery unless: 34 (1) the producer has joined a battery stewardship 35 organization; and 36 (2) the battery is approved under a battery stewardship plan 37 described in this article. 38 Sec. 2. (a) This section applies to a covered battery that: 39 (1) is greater than or equal to one-half (1/2) inch in diameter; 40 or 41 (2) contains a surface with a length that exceeds one-half (1/2) 42 inch. 2026 IN 1231—LS 6858/DI 153 5 1 (b) Except as provided in subsection (c), beginning January 1, 2 2030, a covered battery must include the following on the battery: 3 (1) The identity of the producer. 4 (2) The chemistry of the battery. 5 (3) A disclaimer that the battery should not be disposed of as 6 ordinary waste. 7 (c) If a covered battery can fit entirely, in any orientation, into 8 the small parts cylinder described in 16 CFR 1501.4, the marks 9 described in subsection (b)(1) and (b)(3) must be placed on the 10 packaging of the covered battery. 11 Chapter 3. Battery Stewardship Plans 12 Sec. 1. A battery stewardship organization shall submit to the 13 department a battery stewardship plan focused on improving the 14 quantity and effectiveness of recycling. 15 Sec. 2. A battery stewardship plan must include the following: 16 (1) A list of each: 17 (A) producer; and 18 (B) brand of covered battery; 19 intended to be covered by the battery stewardship plan. 20 (2) A list of each collection site and producer intended to be 21 used as part of the battery stewardship plan. 22 (3) A performance plan that includes: 23 (A) collection rate goals; 24 (B) recycling efficiency rate goals; and 25 (C) education and safety standards; 26 with respect to covered batteries intended to be covered by 27 the battery stewardship plan. 28 (4) A financial plan that fully funds compliance with this 29 article without shifting costs to consumers. 30 (5) Any other information required by the department. 31 Sec. 3. The department shall approve or deny a battery 32 stewardship plan not later than one hundred twenty (120) days 33 after a plan is submitted. 34 Sec. 4. The department shall notify a battery stewardship 35 organization in writing of a denial, including the reason for the 36 denial. 37 Sec. 5. If a battery stewardship organization intends to 38 materially change an approved plan, the battery stewardship 39 organization shall submit an amendment to the department for 40 approval. An amendment is subject to the same procedures 41 described in sections 3 and 4 of this chapter. 42 Sec. 6. An updated battery stewardship plan must be submitted 2026 IN 1231—LS 6858/DI 153 6 1 to the department every five (5) years after an initial plan is 2 approved by the department unless the battery stewardship 3 organization files a notice with the department of the 4 organization's intent to disband. 5 Sec. 7. The department shall impose an annual fee of one 6 hundred thousand dollars ($100,000) on each battery stewardship 7 organization that has: 8 (1) submitted an approved battery stewardship plan; and 9 (2) not filed a notice described in section 6 of this chapter. 10 Sec. 8. A person may not charge a fee to a consumer to defray 11 the costs of implementing a battery stewardship plan under this 12 chapter. 13 Sec. 9. (a) A battery stewardship organization that has: 14 (1) submitted an approved battery stewardship plan; and 15 (2) not filed a notice described in section 6 of this chapter; 16 shall submit an annual progress report to the department. 17 (b) The department shall provide standards for the contents of 18 progress reports described in subsection (a). 19 Chapter 4. Battery Stewardship Fund 20 Sec. 1. (a) The battery stewardship fund is established. 21 (b) The expenses of administering the fund shall be paid from 22 the money in the fund. 23 (c) The treasurer of state shall invest the money in the fund not 24 currently needed to meet the obligations of the fund in the same 25 manner as other public money may be invested. Interest that 26 accrues from these investments shall be deposited in the fund. 27 (d) Money in the fund at the end of a state fiscal year does not 28 revert to the state general fund. 29 (e) The sources of money for the fund are the following: 30 (1) Annual fees paid under IC 13-20.7-3-7. 31 (2) Appropriations made by the general assembly, gifts, and 32 donations intended for deposit in the fund. 33 (f) The commissioner shall use money in the fund to pay the 34 expenses of administering this article. 35 Chapter 5. Miscellaneous Provisions 36 Sec. 1. The department shall publish the following on the 37 department's website: 38 (1) A copy of each active battery stewardship plan approved 39 by the department under this article, including any 40 amendments. 41 (2) The name of each producer covered by a battery 42 stewardship plan approved by the department under this 2026 IN 1231—LS 6858/DI 153 7 1 article. 2 (3) The name of each brand of covered batteries covered by a 3 battery stewardship plan approved by the department under 4 this article. 5 (4) A copy of each annual progress report submitted to the 6 department under IC 13-20.7-3-9. 7 Sec. 2. (a) A battery stewardship organization is not required to 8 collect a covered battery that is: 9 (1) sold or packaged with a product; or 10 (2) recalled for safety reasons. 11 (b) If: 12 (1) a battery stewardship organization collects a covered 13 battery described in subsection (a)(1); and 14 (2) the producer is not covered by the organization's battery 15 stewardship plan approved by the department under this 16 article; 17 the battery stewardship organization may recover all costs 18 associated with collecting the covered battery from the producer, 19 including legal fees. 20 (c) If a battery stewardship organization collects a covered 21 battery described in subsection (a)(2), the battery stewardship 22 organization may recover all costs associated with collecting the 23 covered battery from the producer, including legal fees. 24 Sec. 3. Nothing in this article prohibits a person from collecting 25 and sending a covered battery to a battery stewardship 26 organization for recycling pursuant to a battery stewardship plan 27 approved by the department under this article. 28 Sec. 4. Beginning January 1, 2029, a person may not knowingly 29 cause or allow: 30 (1) the placing of a covered battery into a container intended 31 for collection and disposal at a facility that is not authorized 32 under IC 13-22 or federal law for operation as a hazardous 33 waste facility; or 34 (2) the disposal of a covered battery in a facility that is not 35 authorized under IC 13-22 or federal law for operation as a 36 hazardous waste facility. 37 Sec. 5. (a) A person that violates section 4 of this chapter is not 38 subject to: 39 (1) a criminal or civil action or penalty; or 40 (2) any other sanction; 41 under this title or any other state law. 42 (b) A violation of this chapter does not create a cause of action. 2026 IN 1231—LS 6858/DI 153 8 1 Sec. 6. The department may adopt rules under IC 4-22-2 and 2 IC 13-14-9 to implement this article. 2026 IN 1231—LS 6858/DI 153