Adopt the Environmental Stewardship of Batteries Act, the Extended Producer Responsibility Data Collection Act, and the Minimum Recycled Content Act, and change provisions relating to the Integrated Solid Waste Management Act, the Environmental Protection Act, and the Waste Reduction and Recycling Incentive Fund

LEGISLATURE OF NEBRASKA ONE HUNDRED NINTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 607 Introduced by Bostar, 29. Read first time January 22, 2025 Committee: Natural Resources A BILL FOR AN ACT relating to solid waste; to amend sections 13-2001,1 13-2003, 13-2010, 13-2034, 13-2042, 81-1502, and 81-15,160, Reissue2 Revised Statutes of Nebraska; to adopt the Environmental Stewardship3 of Batteries Act, the Extended Producer Responsibility Data4 Collection Act, and the Minimum Recycled Content Act; to define and5 redefine terms and change provisions relating to regulatory6 authority over manufacturing facilities and disposal fees under the7 Integrated Solid Waste Management Act; to define, redefine, and8 alphabetize terms under the Environmental Protection Act; to change9 provisions relating to the Waste Reduction and Recycling Incentive10 Fund; to harmonize provisions; to provide an operative date; and to11 repeal the original sections. 12 Be it enacted by the people of the State of Nebraska,13 LB607 2025 LB607 2025 -1- Section 1. Section 13-2001, Reissue Revised Statutes of Nebraska, is1 amended to read: 2 13-2001 Sections 13-2001 to 13-2043 and sections 3, 5 to 14, 17, and3 18 of this act shall be known and may be cited as the Integrated Solid4 Waste Management Act. 5 Sec. 2. Section 13-2003, Reissue Revised Statutes of Nebraska, is6 amended to read: 7 13-2003 For purposes of the Integrated Solid Waste Management Act,8 the definitions found in sections 13-2004 to 13-2016.01 and sections 39 and 5 to 14 of this act shall be used. 10 Sec. 3. Depolymerization means a manufacturing process where post-11 use polymers are broken into smaller molecules such as monomers and12 oligomers or raw, intermediate, or final products, plastic and chemical13 feedstocks, basic and unfinished chemicals, waxes, lubricants, and14 coatings. 15 Sec. 4. Section 13-2010, Reissue Revised Statutes of Nebraska, is16 amended to read: 17 13-2010 Facility shall mean any site owned and operated or utilized18 by any person for the collection, source separation, storage,19 transportation, transfer, processing, treatment, or disposal of solid20 waste and shall include a solid waste landfill. Facility shall not21 include a manufacturing facility. 22 Sec. 5. Gasification means a manufacturing process through which23 post-use polymers or recovered feedstocks are heated in an oxygen-24 controlled atmosphere and converted into syngas, followed by conversion25 into valuable raw, intermediate, and final products, including, but not26 limited to, plastic monomers, chemicals, waxes, lubricants, coatings, and27 plastic and chemical feedstocks that are returned to economic utility in28 the form of raw materials or products. 29 Sec. 6. Manufacturing facility means a facility engaging in any30 manufacturing process where sorted post-use polymers and recovered31 LB607 2025 LB607 2025 -2- feedstocks are purchased and then converted into basic raw materials,1 feedstocks, chemicals, and other products through processes including2 pyrolysis, gasification, depolymerization, catalytic cracking, reforming,3 hydrogenation, solvolysis, chemolysis, and other similar technologies.4 The products produced at manufacturing facilities include, but are not5 limited to, monomers, oligomers, plastics, plastic and chemical6 feedstocks, basic and unfinished chemicals, waxes, lubricants, coatings,7 and adhesives, but shall not include fuels. The manufacturing process of8 a manufacturing facility shall be considered recycling. The manufacturing9 process of a manufacturing facility shall not be considered solid waste10 management, solid waste processing, solid waste recovery, incineration,11 treatment, or waste-to-energy. 12 Sec. 7. Mass balance attribution means a chain of custody13 accounting methodology with rules defined by a third-party certification14 system that enables the attribution of the mass of manufacturing facility15 feedstocks to one or more manufacturing facility products.16 Sec. 8. Post-use polymer means a plastic to which all of the17 following apply: 18 (1) The plastic is derived from any industrial, commercial,19 agricultural, or domestic activities and includes plastic in pre-consumer20 recovered materials and post-consumer materials; 21 (2) The plastic has been sorted from solid waste and other regulated22 waste but may contain residual amounts of waste such as organic material23 and incidental contaminants or impurities such as paper labels and metal24 rings; 25 (3) The plastic is not mixed with solid waste or hazardous waste26 onsite or during processing at the manufacturing facility;27 (4) The plastic's use or intended use is as a feedstock for the28 manufacturing of feedstocks, raw materials, or other intermediate29 products or final products using manufacturing processes of a30 manufacturing facility; and 31 LB607 2025 LB607 2025 -3- (5) The plastic is processed at a manufacturing facility or held at1 such facility prior to processing. 2 Sec. 9. Pyrolysis means a manufacturing process through which post-3 use polymers or recovered feedstocks are heated in the absence of oxygen4 until melted and thermally decomposed, noncatalytically or catalytically,5 and are then cooled, condensed, and converted into valuable raw materials6 and intermediate and final products, including, but not limited to,7 plastic monomers, chemicals, naphtha, waxes, and plastic and chemical8 feedstocks that are returned to economic utility in the form of raw9 materials and products. 10 Sec. 10. Recovered feedstock means one or more of the following11 materials that has been processed so that it may be used as feedstock in12 a manufacturing facility: 13 (1) Post-use polymers; 14 (2) Materials for which the United States Environmental Protection15 Agency has made a nonwaste determination or has otherwise determined are16 feedstocks and not solid waste; 17 (3) Recovered feedstock that does not include unprocessed municipal18 solid waste; or 19 (4) Recovered feedstock that is not mixed with solid waste or20 hazardous waste onsite or during processing at a manufacturing facility.21 Sec. 11. Recycled plastic means a product that is produced from (1)22 mechanical recycling of pre-consumer recovered feedstocks or plastics and23 post-consumer plastics or (2) the manufacturing of pre-consumer recovered24 feedstocks or plastics and post-consumer plastics via mass balance25 attribution under a third-party certification system.26 Sec. 12. Recycling means the process of separating, cleaning,27 treating, and reconstituting waste or other discarded materials for the28 purpose of recovering and reusing the resources contained therein.29 Sec. 13. Solvolysis means a manufacturing process through which30 post-use polymers are purified with the aid of solvents while heated at31 LB607 2025 LB607 2025 -4- low temperatures or pressurized to make useful products allowing1 additives and contaminants to be removed. The products of solvolysis2 include monomers, intermediates, valuable chemicals, plastic and chemical3 feedstocks, and raw materials. Solvolysis includes, but is not limited4 to, hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis.5 Sec. 14. Third-party certification system means an international6 and multinational third-party certification system which consists of a7 set of rules for the implementation of mass balance attribution8 approaches for the manufacturing process of a manufacturing facility.9 Third-party certification system includes, but is not limited to, the10 International Sustainability and Carbon Certification, Underwriter11 Laboratories, SCS Recycled Content, Roundtable on Sustainable12 Biomaterials, Ecoloop, and REDcert2. 13 Sec. 15. Section 13-2034, Reissue Revised Statutes of Nebraska, is14 amended to read: 15 13-2034 (1) The council shall adopt and promulgate rules and16 regulations which shall include the following: 17 (a) (1) A permit program for facilities providing for permits to be18 issued to owners and operators; 19 (b) (2) Requirements for the collection, source separation, storage,20 transportation, transfer, processing, recycling, resource recovery,21 treatment, and disposal of solid wastes as well as developmental and22 operational plans for facilities. Regulations concerning operations may23 include waste characterization, composition, and source identification,24 site improvements, air and methane gas monitoring, ground water and25 surface water monitoring, daily cover, insect and rodent control, salvage26 operations, waste tire disposal, safety and restricted access, inspection27 of loads and any other necessary inspection or verification requirements,28 reporting of monitoring analysis, record-keeping requirements and other29 reporting requirements, handling and disposal of wastes with special30 characteristics, and any other operational criteria, location criteria,31 LB607 2025 LB607 2025 -5- or design criteria necessary to minimize environmental and health risks1 and to provide protection of the air, land, and waters of the state; and2 (c) (3) Requirements for closure, postclosure care and monitoring,3 and investigative and corrective action with respect to landfills. Such4 rules and regulations shall require financial assurance for such5 activities after April 9, 1996. Such rules and regulations shall impose6 any necessary requirements upon owners or operators in order to assure7 proper closure, care, monitoring, and investigative and corrective action8 with respect to landfills to minimize the need for future maintenance and9 eliminate, to the extent necessary to protect humans, animals, and the10 environment, releases or the threat of releases of contaminants or11 leachate. 12 (2) Rules and regulations adopted and promulgated pursuant to this13 section shall not apply to manufacturing processes of manufacturing14 facilities. 15 Sec. 16. Section 13-2042, Reissue Revised Statutes of Nebraska, is16 amended to read: 17 13-2042 (1) A disposal fee of one dollar and twenty-five cents is18 imposed for each six cubic yards of uncompacted solid waste, one dollar19 and twenty-five cents for each three cubic yards of compacted solid20 waste, and or one dollar and twenty-five cents per ton of solid waste (a)21 disposed of at landfills regulated by the department or (b) transported22 for disposal out of state from a solid waste processing facility holding23 a permit under the Integrated Solid Waste Management Act. Each operator24 of a landfill or solid waste processing facility shall make the fee25 payment quarterly. The fee shall be paid quarterly to the department on26 or before the forty-fifth day following the end of each quarter. For27 purposes of this section, landfill has the same definition as municipal28 solid waste landfill unit in 40 C.F.R. 258.2. 29 (2) Each fee payment shall be accompanied by a form prepared and30 furnished by the department and completed by the permitholder. The form31 LB607 2025 LB607 2025 -6- shall state the total volume of solid waste disposed of at the landfill1 or transported for disposal out of state from the solid waste processing2 facility during the payment period and shall provide any other3 information deemed necessary by the department. The form shall be signed4 by the permitholder. 5 (3) If a permitholder fails to make a timely payment of the fee, he6 or she shall pay interest on the unpaid amount at the rate specified in7 section 45-104.02, as such rate may from time to time be adjusted.8 (4) This section shall not apply to a site used solely for the9 reclamation of land through the introduction of landscaping rubble or10 inert material. 11 (5) Fifty percent of the total of such fees collected in each12 quarter shall be remitted to the State Treasurer for credit to the13 Integrated Solid Waste Management Cash Fund and shall be used by the14 department to cover the direct and indirect costs of responding to spills15 or other environmental emergencies, of regulating, investigating,16 remediating, and monitoring facilities during and after operation of17 facilities, or of performance of regulated activities under the18 Integrated Solid Waste Management Act, the Nebraska Litter Reduction and19 Recycling Act, and the Waste Reduction and Recycling Incentive Act. The20 department may seek recovery of expenses paid from the fund for21 responding to spills or other environmental emergencies or for22 investigation, remediation, and monitoring of a facility from any person23 who owned, operated, or used the facility in violation of the Integrated24 Solid Waste Management Act, the Nebraska Litter Reduction and Recycling25 Act, and the Waste Reduction and Recycling Incentive Act in a civil26 action filed in the district court of Lancaster County.27 (6)(a) The remaining fifty percent of the total of such fees28 collected per quarter shall be remitted to the State Treasurer for credit29 to the Waste Reduction and Recycling Incentive Fund. For purposes of30 determining the total fees collected, any amount of fees rebated pursuant31 LB607 2025 LB607 2025 -7- to section 13-2042.01 shall be included as if the fees had not been1 rebated, and the amount of the fees rebated pursuant to such section2 shall be deducted from the amount to be credited to the Waste Reduction3 and Recycling Incentive Fund. 4 (b) From the fees credited to the Waste Reduction and Recycling5 Incentive Fund under this subsection: 6 (i) Grants shall be awarded to counties, municipalities, and7 agencies, and private businesses for the purposes of planning and8 implementing facilities and systems to further the goals of the9 Integrated Solid Waste Management Act. The grant proceeds shall not be10 used to fund landfill closure site assessments, closure, monitoring, or11 investigative or corrective action costs for existing landfills or12 landfills already closed prior to July 15, 1992. The council shall adopt13 and promulgate rules and regulations to carry out this subdivision. Such14 rules and regulations shall base the awarding of grants on a project's15 reflection of the integrated solid waste management policy and hierarchy16 established in section 13-2018, the proposed amount of local matching17 funds, and community need; and 18 (ii) The department may disburse amounts to political subdivisions19 for costs incurred in response to and remediation of any solid waste20 disposed of or abandoned at dump sites or discrete locations along public21 roadways or ditches and on any contiguous area affected by such disposal22 or abandonment. Such reimbursement shall be by application to the23 department on forms prescribed by the department. The department shall24 prepare and make available a schedule of eligible costs and application25 procedures which may include a requirement of a demonstration of26 preventive measures to be taken to discourage future dumping. The27 department may not disburse to political subdivisions an amount which in28 the aggregate exceeds five percent of total revenue from the disposal29 fees collected pursuant to this section in the preceding fiscal year.30 These disbursements shall be made on a fiscal-year basis, and31 LB607 2025 LB607 2025 -8- applications received after funds for this purpose have been exhausted1 may be eligible during the next fiscal year but are not an obligation of2 the state. Any eligible costs incurred by a political subdivision which3 are not funded due to a lack of funds shall not be considered an4 obligation of the state. In disbursing funds under this subdivision, the5 director shall make efforts to ensure equal geographical distribution6 throughout the state and may deny reimbursements in order to accomplish7 this goal. 8 (7) The disposal fee shall be: 9 (a) Beginning January 1, 2026, and on or before December 31, 2026,10 two dollars and twenty-five cents; 11 (b) Beginning January 1, 2027, and on or before December 31, 2027,12 three dollars and twenty-five cents; and 13 (c) Beginning January 1, 2028, four dollars and twenty-five cents.14 Sec. 17. The owner or operator of a manufacturing facility shall be15 responsible for the proper disposal of all post-use polymers or recovered16 feedstocks stored on the premises of such manufacturing facility within17 sixty days after ceasing manufacturing operations.18 Sec. 18. Manufacturing facilities are subject to applicable19 Department of Environment and Energy manufacturing rules and regulations20 for air, water, waste, and land use. 21 Sec. 19. Sections 19 to 37 of this act shall be known and may be22 cited as the Environmental Stewardship of Batteries Act.23 Sec. 20. The Legislature finds that: 24 (1) It is in the public interest of the residents of Nebraska to25 encourage the recovery and reuse of materials, such as metals, that26 replace the output of mining and other extractive industries;27 (2) Without a dedicated battery stewardship program, battery user28 confusion regarding proper disposal options will continue to persist;29 (3) Ensuring the proper handling, recycling, and end-of-life30 management of used batteries prevents the release of toxic materials into31 LB607 2025 LB607 2025 -9- the environment and removes materials from the waste stream that, if1 mishandled, may present safety concerns to workers, such as by igniting2 fires at solid waste handling facilities. For this reason, batteries3 should not be placed into commingled recycling containers or disposed of4 via traditional garbage collection containers; and 5 (4) Jurisdictions around the world have successfully implemented6 battery stewardship laws that have helped address the challenges posed by7 the end-of-life management of batteries. Because it is difficult for8 customers to differentiate between types and chemistries of batteries, it9 is the best practice for battery stewardship programs to collect all10 battery types and chemistries. Furthermore, it is appropriate for larger11 batteries used in emerging market sectors such as electric vehicles,12 solar power arrays, and data centers, to be managed to ensure13 environmentally positive outcomes similar to those achieved by a battery14 stewardship program, both because of the potential economic value of15 large batteries used for these purposes and the anticipated profusion of16 these larger batteries as these market sectors mature.17 Sec. 21. For purposes of the Environmental Stewardship of Batteries18 Act, unless the context otherwise requires: 19 (1) Battery-containing product means a product that contains or is20 packaged with rechargeable or primary batteries that are covered21 batteries; 22 (2) Battery management hierarchy means a management system of23 covered batteries prioritized in descending order as follows:24 (a) Waste prevention and reduction; 25 (b) Reuse, when reuse is appropriate; 26 (c) Recycling; and 27 (d) Other means of end-of-life management, which may only be28 utilized after demonstrating to the department that it is not feasible to29 manage the batteries under the higher priority options in subdivisions30 (2)(a) through (c) of this section; 31 LB607 2025 LB607 2025 -10- (3) Battery stewardship organization means a producer that directly1 implements a battery stewardship plan required under the Environmental2 Stewardship of Batteries Act or a nonprofit organization designated by a3 producer or group of producers to implement a battery stewardship plan4 required under the act; 5 (4) Collection rate means a percentage, by weight, that a battery6 stewardship organization collects that is calculated by dividing the7 total weight of primary and rechargeable batteries collected during the8 previous calendar year by the average annual weight of primary and9 rechargeable batteries that were estimated to have been sold in the state10 by all producers participating in an approved battery stewardship plan11 during the previous three calendar years; 12 (5)(a) Covered battery means a portable battery or, beginning13 January 1, 2029, a medium format battery. 14 (b) Covered battery does not include: 15 (i) A battery contained within a medical device, as specified in 2116 U.S.C. 321(h), as such section existed on January 1, 2025, that is not17 designed and marketed for sale or resale principally to consumers for18 personal use; 19 (ii) A battery that contains an electrolyte as a free liquid;20 (iii) A lead acid battery weighing greater than eleven pounds; and21 (iv) A battery in a battery-containing product that is not intended22 or designed to be easily removable from the battery-containing product;23 (6) Department means the Department of Environment and Energy;24 (7) Easily removable means designed by the manufacturer to be25 removable by the user of the product with no more than commonly used26 household tools; 27 (8) Environmentally sound management practice means any practice28 that: 29 (a) Complies with all applicable laws and rules to protect workers,30 public health, and the environment; 31 LB607 2025 LB607 2025 -11- (b) Provides for adequate recordkeeping, tracking, and documenting1 of the fate of materials within the state and beyond; and2 (c) Includes comprehensive liability coverage for the battery3 stewardship organization, including environmental liability coverage that4 is commercially practicable; 5 (9) Final disposition means the final processing of a collected6 battery to produce usable end products, at the point where the battery7 has been reduced to its constituent parts, reusable portions made8 available for use, and any residues handled as wastes in accordance with9 applicable law; 10 (10) Large format battery means: 11 (a) A rechargeable battery that weighs more than twenty-five pounds12 or has a rating of more than two thousand watt-hours; or13 (b) A primary battery that weighs more than twenty-five pounds;14 (11) Medium format battery means the following primary or15 rechargeable covered batteries: 16 (a) For rechargeable batteries, a battery weighing more than eleven17 pounds or having a rating of more than three hundred watt-hours, or both,18 and weighing no more than twenty-five pounds and having a rating of no19 more than two thousand watt-hours; and 20 (b) For primary batteries, a battery weighing more than four and21 four-tenths pounds but not more than twenty-five pounds;22 (12) Portable battery means the following primary or rechargeable23 covered batteries: 24 (a) For rechargeable batteries, a battery weighing no more than25 eleven pounds and having a rating of no more than three hundred watt-26 hours; and 27 (b) For primary batteries, a battery weighing no more than four and28 four-tenths pounds; 29 (13) Primary battery means a battery that is not capable of being30 recharged; 31 LB607 2025 LB607 2025 -12- (14)(a) Producer means the following person responsible for1 compliance with requirements under the Environmental Stewardship of2 Batteries Act for a covered battery or battery-containing product sold,3 offered for sale, or distributed in or into this state:4 (i) For covered batteries: 5 (A) If the battery is sold under the brand of the battery6 manufacturer, the producer is the person that manufactures the battery;7 (B) If the battery is sold under a retail brand or under a brand8 owned by a person other than the manufacturer, the producer is the brand9 owner; 10 (C) If there is no person to which subdivision (14)(a)(i)(A) or (B)11 of this section applies, the producer is the person that is the licensee12 of a brand or trademark under which the battery is used in a commercial13 enterprise, sold, offered for sale, or distributed in or into this state,14 whether or not the trademark is registered in this state;15 (D) If there is no person described in subdivisions (14)(a)(i)(A)16 through (C) of this section within the United States, the producer is the17 person who is the importer of record for the battery into the United18 States for use in a commercial enterprise that sells, offers for sale, or19 distributes the battery in this state; and 20 (E) If there is no person described in subdivisions (14)(a)(i)(A)21 through (D) of this section with a commercial presence within the state,22 the producer is the person who first sells, offers for sale, or23 distributes the battery in or into this state; and24 (ii) For covered battery-containing products:25 (A) If the battery-containing product is sold under the brand of the26 product manufacturer, the producer is the person that manufactures the27 product; 28 (B) If the battery-containing product is sold under a retail brand29 or under a brand owned by a person other than the manufacturer, the30 producer is the brand owner; 31 LB607 2025 LB607 2025 -13- (C) If there is no person to which subdivision (14)(a)(ii)(A) or (B)1 of this section applies, the producer is the person that is the licensee2 of a brand or trademark under which the product is used in a commercial3 enterprise, sold, offered for sale, or distributed in or into this state,4 whether or not the trademark is registered in this state;5 (D) If there is no person described in subdivisions (14)(a)(ii)(A)6 through (C) of this section within the United States, the producer is the7 person who is the importer of record for the product into the United8 States for use in a commercial enterprise that sells, offers for sale, or9 distributes the product in this state; and 10 (E) If there is no person described in subdivisions (14)(a)(ii)(A)11 through (D) of this section with a commercial presence within the state,12 the producer is the person who first sells, offers for sale, or13 distributes the product in or into this state. 14 (b) A producer does not include any person who only manufactures,15 sells, offers for sale, distributes, or imports into the state a battery-16 containing product if the only batteries used by the battery-containing17 product are supplied by a producer that has joined a registered battery18 stewardship organization as the producer for that covered battery under19 the Environmental Stewardship of Batteries Act. Such a producer of20 covered batteries that are included in a battery-containing product shall21 provide written certification of that membership to both the producer of22 the covered battery-containing product and the battery stewardship23 organization of which the battery producer is a member.24 (c) A person is the producer of a covered battery or covered25 battery-containing product sold, offered for sale, or distributed in or26 into this state, as defined in subdivision (14)(a) of this section,27 except where another party has contractually accepted responsibility as a28 responsible producer and has joined a registered battery stewardship29 organization as the producer for that covered battery or covered battery-30 containing product under the Environmental Stewardship of Batteries Act;31 LB607 2025 LB607 2025 -14- (15) Program means a program implemented by a battery stewardship1 organization consistent with an approved battery stewardship plan;2 (16) Rechargeable battery means a battery that contains one or more3 voltaic or galvanic cells, electrically connected to produce electric4 energy, designed to be recharged; 5 (17) Recycling means transforming or remanufacturing waste materials6 into usable or marketable materials for use other than:7 (a) Combustion; 8 (b) Incineration; 9 (c) Energy generation; 10 (d) Fuel production; or 11 (e) Beneficial reuse in the construction and operation of a solid12 waste landfill, including use of alternative daily cover;13 (18) Recycling efficiency rate means the ratio of the weight of14 covered battery components and materials recycled by a program operator15 from covered batteries to the weight of those covered batteries collected16 by the program operator; 17 (19) Retailer means a person who sells covered batteries or battery-18 containing products in or into this state or offers or otherwise makes19 available covered batteries or battery-containing products to a customer,20 including other businesses, for use by the customer in this state; and21 (20) Urban area means an area delineated by the United States Bureau22 of the Census, based on a minimum threshold of two thousand housing units23 or five thousand residents, as of January 1, 2025.24 Sec. 22. Beginning January 1, 2027: 25 (1) Each producer selling, making available for sale, or26 distributing covered batteries or battery-containing products in or into27 the State of Nebraska shall participate in an approved Nebraska state28 battery stewardship plan through participation in and appropriate funding29 of a battery stewardship organization; and 30 (2) A producer that does not participate in a battery stewardship31 LB607 2025 LB607 2025 -15- organization and battery stewardship plan may not sell covered batteries1 or battery-containing products covered by the Environmental Stewardship2 of Batteries Act in or into Nebraska. 3 Sec. 23. (1) Beginning July 1, 2027, for portable batteries, and4 July 1, 2029, for medium format batteries, a retailer may not sell, offer5 for sale, distribute, or otherwise make available for sale a covered6 battery or battery-containing product unless the producer of the covered7 battery or battery-containing product certifies to the retailer that the8 producer participates in a battery stewardship organization whose plan9 has been approved by the department. 10 (2) A retailer is in compliance with the requirements of subsection11 (1) of this section and is not subject to penalties under section 31 of12 this act as long as the website made available by the department pursuant13 to section 30 of this act lists, as of the date a product is made14 available for retail sale, a producer or brand of covered battery or15 battery-containing product sold by the retailer as being a participant in16 an approved plan or the implementer of an approved plan.17 (3) Retailers of covered batteries or battery-containing products18 are not required to make retail locations available to serve as19 collection sites for a stewardship program operated by a battery20 stewardship organization. Retailers that serve as a collection site shall21 comply with the requirements for collection sites, consistent with22 section 27 of this act. 23 (4) A retailer may not sell, offer for sale, distribute, or24 otherwise make available for sale covered batteries, unless those25 batteries are marked consistent with the requirements of section 33 of26 this act. A producer of a battery-containing product containing a covered27 battery shall certify to the retailers of their product that the battery28 contained in the battery-containing product is marked consistent with the29 requirements of section 33 of this act. A retailer may rely on this30 certification for purposes of compliance under this subsection.31 LB607 2025 LB607 2025 -16- (5) A retailer selling or offering covered batteries or battery-1 containing products for sale in Nebraska may provide information,2 provided to the retailer by the battery stewardship organization,3 regarding available end-of-life management options for covered batteries4 collected by the battery stewardship organization. The information that a5 battery stewardship organization shall make available to retailers for6 voluntary use by retailers shall include, but is not limited to, in-store7 signage, written materials, and other promotional materials that8 retailers may use to inform customers of the available end-of-life9 management options for covered batteries collected by the battery10 stewardship organization. 11 (6) Retailers, producers, or battery stewardship organizations may12 not charge a specific point-of-sale fee to consumers to cover the13 administrative or operational costs of the battery stewardship14 organization or the battery stewardship program. 15 Sec. 24. (1) By July 1, 2026, or within six months after the16 adoption and promulgation of rules and regulations under section 30 of17 this act, whichever comes later, each battery stewardship organization18 shall submit a plan for covered portable batteries to the department for19 approval. Within twenty-four months after the date of the initial20 adoption and promulgation of rules and regulations under the21 Environmental Stewardship of Batteries Act by the department, each22 battery stewardship organization shall submit a plan for covered medium23 format batteries to the department for approval. A battery stewardship24 organization may submit a plan at any time to the department for review25 and approval. The department shall review and may approve a plan based on26 whether it contains and adequately addresses the following components:27 (a) Lists and provides contact information for each producer,28 battery brand, and battery-containing product brand covered in the plan;29 (b) Proposes performance goals, consistent with section 25 of this30 act, including establishing performance goals for each of the next three31 LB607 2025 LB607 2025 -17- upcoming calendar years of program implementation; 1 (c) Describes how the battery stewardship organization will make2 retailers aware of their obligation to sell only covered batteries and3 battery-containing products of producers participating in an approved4 plan; 5 (d) Describes the education and communications strategy being6 implemented to effectively promote participation in the approved covered7 battery stewardship program and provide the information necessary for8 effective participation of consumers, retailers, and others;9 (e) Describes how the battery stewardship organization will make10 available to retailers, for voluntary use, in-store signage, written11 materials, and other promotional materials that retailers may use to12 inform customers of the available end-of-life management options for13 covered batteries collected by the battery stewardship organization;14 (f) Lists promotional activities to be undertaken, and the15 identification of consumer awareness goals and strategies that the16 program will employ to achieve these goals after the program begins to be17 implemented; 18 (g) Includes collection site safety training procedures related to19 covered battery collection activities at collection sites, including20 appropriate protocols to reduce risks of spills or fires and response21 protocols in the event of a spill or fire, and a protocol for safe22 management of damaged batteries that are returned to collection sites;23 (h) Describes the method to establish and administer a means for24 fully funding the program in a manner that equitably distributes the25 program's costs among the producers that are part of the battery26 stewardship organization. For producers that elect to meet the27 requirements of the Environmental Stewardship of Batteries Act28 individually, without joining a battery stewardship organization, the29 plan shall describe the proposed method to establish and administer a30 means for fully funding the program; 31 LB607 2025 LB607 2025 -18- (i) Describes the financing methods used to implement the plan,1 consistent with section 26 of this act, including how producer fees and2 fee modulation will incorporate design for recycling and resource3 conservation as objectives, and a template reimbursement agreement,4 developed in consultation with local governments and other program5 stakeholders; 6 (j) Describes how the program will collect all covered battery7 chemistries and brands on a free, continuous, convenient, visible, and8 accessible basis, and consistent with the requirements of section 27 of9 this act, including a description of how the statewide convenience10 standard will be met and a list of collection sites, including the11 address and latitude and longitude of collection sites;12 (k) Describes the criteria to be used in the program to determine13 whether an entity may serve as a collection site for discarded batteries14 under the program; 15 (l) Establishes collection goals for each of the first three years16 of implementation of the battery stewardship plan that are based on the17 estimated total weight of primary and rechargeable covered batteries that18 have been sold in the state in the previous three calendar years by the19 producers participating in the battery stewardship plan;20 (m) Identifies proposed brokers, transporters, processors, and21 facilities to be used by the program for the final disposition of22 batteries and how collected batteries will be managed in:23 (i) An environmentally sound and socially just manner at facilities24 operating with human health and environmental protection standards that25 are broadly equivalent to or better than those required in the United26 States and other countries that are members of the battery stewardship27 organization for economic cooperation and development; and28 (ii) A manner consistent with the battery management hierarchy,29 including how each proposed facility used for the final disposition of30 batteries will recycle or otherwise manage batteries;31 LB607 2025 LB607 2025 -19- (n) Details how the program will achieve a recycling efficiency1 rate, calculated consistent with section 29 of this act, of at least2 sixty percent for rechargeable batteries and at least seventy percent for3 primary batteries; 4 (o) Proposes goals for increasing public awareness of the program,5 including subgoals applicable to public awareness of the program in6 vulnerable populations and overburdened communities identified by the7 department, and describes how the public education and outreach8 components of the program under section 28 of this act will be9 implemented; and 10 (p) Specifies procedures to be employed by a local government11 seeking to coordinate with a battery stewardship organization pursuant to12 subdivision (4)(c) of section 27 of this act. 13 (2)(a) If required by the department, a battery stewardship14 organization shall submit a new plan to the department for approval:15 (i) If there are significant changes to the methods of collection,16 transport, or end-of-life management of covered batteries under section17 28 of this act that are not provided for in the plan. The department may,18 by rule and regulation, identify the types of significant changes that19 require a new plan to be submitted to the department for approval;20 (ii) To address the novel inclusion of medium format batteries or21 large format batteries as covered batteries under the plan; and22 (iii) No less than every five years. 23 (b) For purposes of this subsection, adding or removing a processor24 or transporter under the plan is not considered a significant change that25 requires a plan resubmittal. 26 (3) If required by the department, a battery stewardship27 organization shall provide plan amendments to the department for28 approval: 29 (a) When proposing changes to the performance goals under section 2630 of this act based on the up-to-date experience of the program;31 LB607 2025 LB607 2025 -20- (b) When there is a change to the method of financing plan1 implementation under section 26 of this act. This does not include2 changes to the fees or fee structure established in the plan; or3 (c) When adding or removing a processor or transporter, as part of a4 quarterly update submitted to the department. 5 (4) As part of a quarterly update, a battery stewardship6 organization shall notify the department after a producer begins or7 ceases to participate in a battery stewardship organization. The8 quarterly update submitted to the department shall also include a current9 list of the producers and brands participating in the plan.10 (5) No earlier than five years after the initial approval of a plan,11 the department may require a battery stewardship organization to submit a12 revised plan, which may include improvements to the collection site13 network or increased expenditures dedicated to education and outreach if14 the approved plan has not met the performance goals under section 25 of15 this act. 16 Sec. 25. (1) Each battery stewardship plan shall include17 performance goals that measure, on an annual basis, the achievements of18 the program. Performance goals shall take into consideration technical19 feasibility and economic practicality in achieving continuous, meaningful20 progress in improving: 21 (a) The rate of battery collection for recycling in Nebraska;22 (b) The recycling efficiency of the program; and23 (c) Public awareness of the program. 24 (2) The performance goals established in each battery stewardship25 plan shall include, but are not limited to: 26 (a) Target collection rates; 27 (b) Target recycling efficiency rates of at least sixty percent for28 rechargeable batteries and at least seventy percent for primary29 batteries; and 30 (c) Goals for public awareness, convenience, and accessibility that31 LB607 2025 LB607 2025 -21- meet or exceed the minimum requirements established in section 27 of this1 act. 2 Sec. 26. (1) Each battery stewardship organization shall ensure3 adequate funding is available to fully implement approved battery4 stewardship plans, including the implementation of aspects of the plan5 addressing: 6 (a) Battery collection, transporting, and processing;7 (b) Education and outreach; 8 (c) Program evaluation; and 9 (d) Payment of the administrative fees to the department under10 section 30 of this act. 11 (2) A battery stewardship organization implementing a battery12 stewardship plan on behalf of producers shall develop, and continually13 improve over the years of program implementation, a system to collect14 charges from participating producers to cover the costs of plan15 implementation in an environmentally sound and socially just manner that16 encourages the use of design attributes that reduce the environmental17 impacts of covered batteries, such as through the use of eco-modulated18 fees. Examples of fee structures that meet the requirements of this19 subsection include using eco-modulated fees to: 20 (a) Encourage designs intended to facilitate reuse and recycling;21 (b) Encourage the use of recycled content; 22 (c) Discourage the use of problematic materials that increase system23 costs of managing covered batteries; and 24 (d) Encourage other design attributes that reduce the environmental25 impacts of covered batteries. 26 (3)(a) Except for costs incurred by a local government or local27 government facility exercising the authority specified in subdivision (4)28 (c) of section 27 of this act, each battery stewardship organization is29 responsible for all costs of participating covered battery collection,30 transportation, processing, education, administration, agency31 LB607 2025 LB607 2025 -22- reimbursement, recycling, and end-of-life management in accordance with1 the battery management hierarchy and environmentally sound management2 practices. 3 (b) Each battery stewardship organization shall meet the collection4 goals as specified in section 24 of this act. 5 (c) A battery stewardship organization is not authorized to reduce6 or cease collection, education and outreach, or other activities7 implemented under an approved plan based on achievement of program8 performance goals. 9 (4)(a) Except for costs incurred by a local government or local10 government facility exercising the authority granted by subdivision (4)11 (c) of section 27 of this act, a battery stewardship organization shall12 reimburse local governments for demonstrable costs, as defined by rules13 adopted by the department, incurred as a result of a local government14 facility or solid waste handling facility serving as a collection site15 for a program including, but not limited to, associated labor costs and16 other costs associated with accessibility and collection site standards17 such as storage. 18 (b) Except as to the costs of containers and other materials and19 services requirements addressed by a local government or local government20 facility exercising the authority granted by subdivision (4)(c) of21 section 27 of this act, a battery stewardship organization shall at a22 minimum provide collection sites with appropriate containers for covered23 batteries subject to its program, training, signage, safety guidance, and24 educational materials, at no cost to the collection sites.25 (c) A battery stewardship organization shall include in its battery26 stewardship plan a template of the service agreement and any other forms,27 contracts, or other documents for use in distribution of reimbursements.28 The service agreement template shall be developed with local government29 input. The entities seeking or receiving reimbursement from the battery30 stewardship organization are not required to use the template agreement31 LB607 2025 LB607 2025 -23- included in the program plan and are not limited to the terms of the1 template agreement included in the program plan. 2 Sec. 27. (1) Battery stewardship organizations implementing a3 battery stewardship plan shall provide for the collection of all covered4 batteries, including all chemistries and brands of covered batteries, on5 a free, continuous, convenient, visible, and accessible basis to any6 person, business, government agency, or nonprofit organization. Except as7 provided in subdivision (2)(b) of this section, each battery stewardship8 plan shall allow any person, business, government agency, or nonprofit9 organization to discard each chemistry and brand of covered battery at10 each collection site that counts towards the satisfaction of the11 collection site criteria in subsection (3) of this section.12 (2)(a) Except for local government collection described in13 subdivision (4)(c) of this section, for each collection site utilized by14 the program, each battery stewardship organization shall provide suitable15 collection containers for covered batteries that are segregated from16 other solid waste or make mutually agreeable alternative arrangements for17 the collection of batteries at the site. The location of collection18 containers at each collection site used by the program shall be within19 view of a responsible person and shall be accompanied by signage made20 available to the collection site by the battery stewardship organization21 that informs customers regarding the end-of-life management options for22 batteries provided by the collection site under the Environmental23 Stewardship of Batteries Act. Each collection site shall adhere to the24 operations manual and other safety information provided to the collection25 site by the battery stewardship organization. 26 (b) Medium format batteries may only be collected at household27 hazardous waste collection sites or other sites that are staffed by28 persons who are certified to handle and ship hazardous materials under29 federal regulations adopted by the United States Department of30 Transportation Pipeline and Hazardous Materials Safety Administration.31 LB607 2025 LB607 2025 -24- (c)(i) Damaged and defective batteries are intended to be collected1 at collection sites staffed by persons trained to handle and ship those2 batteries. 3 (ii) Each battery stewardship organization shall provide for4 collection of damaged and defective batteries in each county of the5 state, either through collection sites or collection events with6 qualified staff as specified in subdivision (2)(c)(i) of this section.7 Collection events should be provided periodically throughout the year8 where practicable, but shall be provided at least once per year at a9 minimum, in each county in which there are not permanent collection sites10 providing for the collection of damaged and defective batteries.11 (d) For purposes of this subsection, damaged and defective battery12 means any battery that has been damaged or identified by the manufacturer13 as being defective for safety reasons or that has the potential of14 producing a dangerous evolution of heat, fire, or short circuit, as15 referred to in 49 C.F.R. 173.185(f), as such regulation existed on16 January 1, 2025, or as updated by the department by rule and regulation17 to maintain consistency with federal standards. 18 (3)(a) Each battery stewardship organization implementing a battery19 stewardship plan shall ensure statewide collection opportunities for all20 covered batteries. Battery stewardship organizations shall coordinate21 activities with other program operators, including covered battery22 collection and recycle programs and electronic waste recyclers, with23 regard to the proper management or recycling of collected covered24 batteries, for purposes of providing the efficient delivery of services25 and avoiding unnecessary duplication of effort and expense. Statewide26 collection opportunities shall be determined by geographic information27 modeling that considers permanent collection sites. A program may rely,28 in part, on collection events to supplement the permanent collection29 services required in subdivisions (3)(b) and (c) of this section.30 However, only permanent collection services specified in subdivisions (3)31 LB607 2025 LB607 2025 -25- (b) and (c) of this section qualify towards the satisfaction of the1 requirements of this subsection. 2 (b) For portable batteries, each battery stewardship organization3 shall provide statewide collection opportunities that include, but are4 not limited to, the provision of: 5 (i) At least one permanent collection site for portable batteries6 within a fifteen-mile radius for at least ninety percent of Nebraska7 residents; 8 (ii) The establishment of collection sites that are accessible and9 convenient to overburdened communities identified by the department, in10 an amount that is roughly proportional to the number and population of11 overburdened communities identified by the department relative to the12 population or size of the state as a whole; 13 (iii) At least one permanent collection site for portable batteries14 in addition to those required in subdivision (3)(b)(i) of this section15 for every thirty thousand residents of each urban area in this state. For16 the purposes of compliance with this subdivision (3)(b)(iii), a battery17 stewardship organization and the department may rely upon new or updated18 designations of urban locations by the United States Bureau of the Census19 that are determined by the department to be similar to the definition of20 urban area; 21 (iv) Collection opportunities for portable batteries at special22 locations where batteries are often spent and replaced, such as23 supervised locations at parks with stores and campgrounds; and24 (v) Service to areas without a permanent collection site, including25 service to island and geographically isolated communities without a26 permanent collection site. 27 (c) For medium format batteries, a battery stewardship organization28 shall provide statewide collection opportunities that include, but are29 not limited to, the provision of: 30 (i) At least twenty-five permanent collection sites in Nebraska;31 LB607 2025 LB607 2025 -26- (ii) Reasonable geographic dispersion of collection sites throughout1 the state; 2 (iii) A collection site in each county of at least two hundred3 thousand residents, as determined by the most recent population estimate;4 (iv) The establishment of collection sites that are accessible to5 public transit and that are convenient to overburdened communities6 identified by the department; and 7 (v) Service to areas without a permanent collection site, including8 service to geographically isolated communities. 9 (d) A battery stewardship organization shall ensure that there is a10 collection site or annual collection event in each county of the state.11 Collection events should be provided periodically throughout the year12 where practicable, but shall be provided at least once per year at a13 minimum in each county in which there are not permanent collection sites14 providing for the collection of damaged and defective batteries.15 (4)(a) Battery stewardship programs shall use existing public and16 private waste collection services and facilities, including battery17 collection sites that are established through other battery collection18 services, transporters, consolidators, processors, and retailers, where19 cost-effective, mutually agreeable, and otherwise practicable.20 (b)(i) Battery stewardship programs shall use as a collection site21 for covered batteries any retailer, wholesaler, municipality, solid waste22 management facility, or other entity that meets the criteria for23 collection sites in the approved plan, upon the submission of a request24 by the entity to the battery stewardship organization to serve as a25 collection site. 26 (ii) Battery stewardship programs shall use as a site for a27 collection event for covered batteries any retailer, wholesaler,28 municipality, solid waste management facility, or other entity that meets29 the criteria for collection events in the approved plan, upon the30 submission of a request by the entity to the battery stewardship31 LB607 2025 LB607 2025 -27- organization to serve as a site for a collection event. A signed1 agreement between a battery stewardship organization and the entity2 requesting to hold a collection event shall be established at least sixty3 days prior to any collection of covered batteries under a stewardship4 program. All costs associated with collection events initiated by an5 entity other than a battery stewardship organization are the sole6 responsibility of the entity unless otherwise agreed upon by a battery7 stewardship organization. A collection event under this subdivision (4)8 (b)(ii) shall allow any person to discard each chemistry and brand of9 covered battery at the collection event. 10 (c)(i) A local government facility may collect batteries at its own11 expense through a collection site or temporary collection event that is12 not a collection site or event under the program implemented by a battery13 stewardship organization. A local government facility that collects14 covered batteries under this subsection shall, in accordance with15 procedures set forth in battery stewardship organization plans approved16 by the department: 17 (A) Notify battery stewardship organizations of the local government18 facility's decision to operate a collection site that is not a collection19 site under a program established under the Environmental Stewardship of20 Batteries Act; 21 (B) Collect each chemistry and brand of covered battery at its22 collection site or sites; 23 (C) Collect, sort, and package collected materials in a manner that24 meets the standards established in a battery stewardship organization25 plan approved by the department; 26 (D) Either provide the collected batteries to the battery27 stewardship organization in lawful transportation containers for it to28 transfer the collected batteries at a processing facility the battery29 stewardship organization has approved, or transport to or arrange for the30 transportation of collected batteries for processing at a facility that a31 LB607 2025 LB607 2025 -28- battery stewardship organization has approved under a plan approved by1 the department. 2 (ii) A local government facility that collects materials at a3 collection site or temporary collection event operating outside of a4 battery stewardship program shall also report, to a battery stewardship5 organization, information necessary for the battery stewardship6 organization to fulfill its reporting obligations under section 29 of7 this act. A battery stewardship organization may count materials8 collected by a local government facility under this subdivision (4)(c) of9 this section towards the achievement of performance requirements10 established in section 25 of this act. 11 (d) A battery stewardship organization may suspend or terminate a12 collection site or service that does not adhere to the collection site13 criteria in the approved plan or that poses an immediate health and14 safety concern. 15 (5)(a) Stewardship programs are not required to provide for the16 collection of battery-containing products. 17 (b) Stewardship programs are not required to provide for the18 collection of batteries that: 19 (i) Are not easily removable from the product other than by the20 manufacturer; and 21 (ii) Remain contained in a battery-containing product at the time of22 delivery to a collection site. 23 (c) Stewardship programs are required to provide for the collection24 of loose batteries. 25 (6) Batteries collected by the program shall be managed consistent26 with the battery management hierarchy. Lower priority end-of-life battery27 management options on the battery management hierarchy may be used by a28 program only when a battery stewardship organization documents to the29 department that all higher priority battery management options on the30 battery management hierarchy are not technologically feasible or31 LB607 2025 LB607 2025 -29- economically practical. 1 Sec. 28. (1) Each battery stewardship organization shall carry out2 promotional activities in support of plan implementation including, but3 not limited to, the development: 4 (a) And maintenance of a website; 5 (b) And distribution of periodic press releases and articles;6 (c) And placement of advertisements for use on social media or other7 relevant media platforms; 8 (d) Of promotional materials about the program and the restriction9 on the disposal of covered batteries in section 34 of this act to be used10 by retailers, government agencies, and nonprofit organizations;11 (e) And distribution of collection site safety training procedures12 that are in compliance with state law to collection sites to help ensure13 proper management of covered batteries at collection sites; and14 (f) And implementation of outreach and educational resources15 targeted to overburdened communities and vulnerable populations16 identified by the department that are conceptually, linguistically, and17 culturally accurate for the communities served and reach the state's18 diverse ethnic populations, including through meaningful consultation19 with communities that bear disproportionately higher levels of adverse20 environmental and social justice impacts. 21 (2) Each battery stewardship organization shall provide:22 (a) Consumer-focused educational promotional materials to each23 collection site used by the program and accessible by customers of24 retailers that sell covered batteries or battery-containing products; and25 (b) Safety information related to covered battery collection26 activities to the operator of each collection site, including appropriate27 protocols to reduce risks of spills or fires and response protocols in28 the event of a spill or fire. 29 (3)(a) Each battery stewardship organization shall provide30 educational materials to the operator of each collection site for the31 LB607 2025 LB607 2025 -30- management of recalled batteries, which are not intended to be part of1 collection as provided under section 27 of this act, to help facilitate2 transportation and processing of recalled batteries.3 (b) A battery stewardship organization may seek reimbursement from4 the producer of the recalled battery for expenses incurred in the5 collection, transportation, or processing of those batteries.6 (4) Upon request by a retailer, the battery stewardship organization7 shall provide the retailer educational materials describing collection8 opportunities for batteries. 9 (5) If multiple battery stewardship organizations are implementing10 plans approved by the department, the battery stewardship organizations11 shall coordinate in carrying out their education and outreach12 responsibilities under this section and shall include in their annual13 reports to the department under section 29 of this act a summary of their14 coordinated education and outreach efforts. 15 (6) During the first year of program implementation and every five16 years thereafter, each battery stewardship organization shall carry out a17 survey of public awareness regarding the requirements of the program18 established under the Environmental Stewardship of Batteries Act. Each19 battery stewardship organization shall share the results of the public20 awareness surveys with the department. 21 Sec. 29. (1) By June 1, 2028, and each June 1 thereafter, each22 battery stewardship organization shall submit an annual report to the23 department covering the preceding calendar year of battery stewardship24 plan implementation. The report shall include: 25 (a) An independent financial assessment of a program implemented by26 the battery stewardship organization, including a breakdown of the27 program's expenses, such as collection, recycling, education, and28 overhead, when required by the department; 29 (b) A summary financial statement documenting the financing of a30 battery stewardship organization's program and an analysis of program31 LB607 2025 LB607 2025 -31- costs and expenditures, including an analysis of the program's expenses,1 such as collection, transportation, recycling, education, and2 administrative overhead. The summary financial statement shall be3 sufficiently detailed to provide transparency that funds collected from4 producers as a result of their activities in Nebraska are spent on5 program implementation in Nebraska. Battery stewardship organizations6 implementing similar battery stewardship programs in multiple states may7 submit a financial statement including all covered states, as long as the8 statement breaks out financial information pertinent to Nebraska;9 (c) The weight, by chemistry, of covered batteries collected under10 the program; 11 (d) The weight of materials recycled from covered batteries12 collected under the program, in total, and by method of battery13 recycling; 14 (e) A calculation of the recycling efficiency rates, as measured15 consistent with subsection (2) of this section; 16 (f) For each facility used for the final disposition of batteries, a17 description of how the facility recycled or otherwise disposed of18 batteries and battery components; 19 (g) The weight and chemistry of batteries sent to each facility used20 for the final disposition of batteries. The information in this21 subdivision (1)(g) may be approximated for program operations in Nebraska22 based on extrapolations of national or regional data for programs in23 operation in multiple states; 24 (h) The collection rate achieved under the program, including a25 description of how this collection rate was calculated;26 (i) The estimated aggregate sales, by weight and chemistry, of27 batteries and batteries contained in or with battery-containing products28 sold in Nebraska by participating producers for each of the previous29 three calendar years; 30 (j) A description of the manner in which the collected batteries31 LB607 2025 LB607 2025 -32- were managed and recycled, including a discussion of best available1 technologies and the recycling efficiency rate; 2 (k) A description of education and outreach efforts supporting plan3 implementation including, but not limited to, a summary of education and4 outreach provided to consumers, collection sites, manufacturers,5 distributors, and retailers by the program operator for the purpose of6 promoting the collection and recycling of covered batteries, a7 description of how that education and outreach met the requirements of8 section 28 of this act, samples of education and outreach materials, a9 summary of coordinated education and outreach efforts with any other10 battery stewardship organizations implementing a plan approved by the11 department, and a summary of any changes made during the previous12 calendar year to education and outreach activities;13 (l) A list of all collection sites and accompanying latitude and14 longitude data and an address for each listed site, and an up-to-date map15 indicating the location of all collection sites used to implement the16 program, with links to appropriate websites where there are existing17 websites associated with a site; 18 (m) A description of methods used to collect, transport, and recycle19 covered batteries by the battery stewardship organization;20 (n) A summary on progress made towards the program performance goals21 established under section 25 of this act, and an explanation of why22 performance goals were not met, if applicable; and23 (o) An evaluation of the effectiveness of education and outreach24 activities. 25 (2) The weight of batteries or recovered resources from those26 batteries shall only be counted once and may not be counted by more than27 one battery stewardship organization. 28 (3) In addition to the requirements of subsection (1) of this29 section, with respect to each facility used in the processing or30 disposition of batteries collected under the program, the battery31 LB607 2025 LB607 2025 -33- stewardship organization shall report: 1 (a) Whether the facility is located domestically, in an organization2 for economic cooperation and development country, or in a country that3 meets organization for economic cooperation and development operating4 standards; and 5 (b) What facilities processed the batteries, including a summary of6 any violations of environmental or labor laws and regulations over the7 previous three years at each facility. 8 (4) If a battery stewardship organization has disposed of covered9 batteries though energy recovery, incineration, or landfilling during the10 preceding calendar year of program implementation, the annual report11 shall specify the steps that the battery stewardship organization will12 take to make the recycling of covered batteries cost-effective, where13 possible, or to otherwise increase battery recycling rates achieved by14 the battery stewardship organization. 15 (5) A producer or battery stewardship organization that submits16 information or records to the department under the Environmental17 Stewardship of Batteries Act may request that the information or records18 be made available only for the confidential use of the department, the19 Director of Environment and Energy, or the appropriate division of the20 department. The director shall consider the request and if this action is21 not detrimental to the public interest, the director shall grant the22 request for the information to remain confidential.23 Sec. 30. (1) The department shall adopt and promulgate rules and24 regulations as necessary for the purpose of implementing, administering,25 and enforcing the Environmental Stewardship of Batteries Act. The26 department shall by rule and regulation establish fees, to be paid27 annually by a battery stewardship organization, that are adequate to28 cover the department's full costs of implementing, administering, and29 enforcing the act and allocates costs between battery stewardship30 organizations, if applicable. All fees shall be based on costs related to31 LB607 2025 LB607 2025 -34- implementing, administering, and enforcing the act, not to exceed1 expenses incurred by the department for these activities.2 (2) The responsibilities of the department in implementing,3 administering, and enforcing the Environmental Stewardship of Batteries4 Act include, but are not limited to: 5 (a)(i) Reviewing submitted stewardship plans and plan amendments and6 making determinations as to whether to approve the plan or plan7 amendment. 8 (ii) The department shall provide a letter of approval for the plan9 or plan amendment if it provides for the establishment of a stewardship10 program that meets the requirements of sections 22 to 28 of this act.11 (iii) If a plan or plan amendment is rejected, the department shall12 provide the reasons for rejecting the plan to the battery stewardship13 organization. The battery stewardship organization shall submit a new14 plan within sixty days after receipt of the letter of disapproval.15 (iv) When a plan or an amendment to an approved plan is submitted16 under this section, the department shall make the proposed plan or17 amendment available for public review and comment for at least thirty18 days; 19 (b) Reviewing annual reports submitted under section 29 of this act20 within ninety days after submission to ensure compliance with such21 section; 22 (c)(i) Maintaining a website that lists producers and their brands23 that are participating in an approved plan, and that makes available to24 the public each plan, plan amendment, and annual report received by the25 department under the Environmental Stewardship of Batteries Act.26 (ii) Upon the date the first plan is approved, the department shall27 post on its website a list of producers and their brands for which the28 department has approved a plan. The department shall update the list of29 producers and brands participating under an approved program plan based30 on information provided to the department from battery stewardship31 LB607 2025 LB607 2025 -35- organizations; and 1 (d) Providing technical assistance to producers and retailers2 related to the requirements of the Environmental Stewardship of Batteries3 Act and issuing orders or imposing civil penalties authorized under4 section 31 of this act if the technical assistance efforts do not lead to5 compliance by a producer or retailer. 6 (3) Beginning January 1, 2032, and every five years thereafter,7 after consultation with battery stewardship organizations, the department8 may by rule and regulation increase the minimum recycling efficiency9 rates established in section 25 of this act based on the most10 economically and technically feasible processes and methodology11 available. 12 Sec. 31. (1)(a) A battery stewardship organization implementing an13 approved plan may bring a civil action or actions to recover costs,14 damages, and fees, as specified in this section, from a producer who15 sells or otherwise makes available in Nebraska covered batteries or16 battery-containing products not included in an approved plan in violation17 of the requirements of the Environmental Stewardship of Batteries Act. An18 action under this section may be brought against one or more defendants.19 An action may only be brought against a defendant producer when the20 stewardship program incurs costs in Nebraska, including reasonable21 incremental administrative and program promotional costs, in excess of22 one thousand dollars to collect, transport, and recycle or otherwise23 dispose of the covered batteries or battery-containing products of a24 nonparticipating producer. 25 (b) A battery stewardship organization may bring a civil action26 against a producer of a recalled battery to recover costs associated with27 handling a recalled battery. 28 (c) A battery stewardship organization implementing an approved29 stewardship plan may bring a civil action against another battery30 stewardship organization that under-performs on its battery collection31 LB607 2025 LB607 2025 -36- obligations under the Environmental Stewardship of Batteries Act by1 failing to collect and provide for the end-of-life management of2 batteries in an amount roughly equivalent to costs imposed on the3 plaintiff battery stewardship organization by virtue of the failures of4 the defendants, plus attorney's fees and expenses. 5 (d) The remedies provided in this subsection are in addition to the6 enforcement authority of the department and do not limit and are not7 limited by a decision by the department to impose a civil penalty or8 issue an order under subsection (2) of this section. The department is9 not required to audit, participate in, or provide assistance to a battery10 stewardship organization pursuing a civil action authorized under this11 subsection. 12 (2)(a) The department may administratively impose a civil penalty on13 a person who violates the Environmental Stewardship of Batteries Act in14 an amount of up to one thousand dollars per violation per day.15 (b) The department may administratively impose a civil penalty of up16 to ten thousand dollars per violation per day on a person for repeated17 violations of the Environmental Stewardship of Batteries Act or failure18 to comply with an order issued under subdivision (c) of this subsection.19 (c) Whenever, on the basis of any information, the department20 determines that a person has violated or is in violation of the21 Environmental Stewardship of Batteries Act, the department may issue an22 order requiring compliance. A person who fails to take corrective action23 as specified in a compliance order is liable for a civil penalty as24 provided in subdivision (b) of this subsection, without receiving a25 written warning prescribed in subdivision (e) of this subsection.26 (d) A person who is issued an order or incurs a penalty under this27 section may appeal the order or penalty to the department.28 (e) Prior to imposing penalties under this section, the department29 shall provide a producer, retailer, or battery stewardship organization30 with a written warning for the first violation by the producer, retailer,31 LB607 2025 LB607 2025 -37- or battery stewardship organization of the requirements of the1 Environmental Stewardship of Batteries Act. The written warning shall2 inform a producer, retailer, or battery stewardship organization that it3 shall participate in an approved plan or otherwise come into compliance4 with the requirements of the act within thirty days after the notice. A5 producer, retailer, or battery stewardship organization that violates the6 act after the initial written warning may be assessed a penalty as7 provided in this subsection. 8 (3) No penalty may be assessed on an individual or resident for the9 improper disposal of covered batteries as described in section 34 of this10 act in a noncommercial or residential setting. 11 (4) Civil penalties collected under this section shall be remitted12 to the State Treasurer for distribution in accordance with Article VII,13 section 5, of the Constitution of Nebraska. 14 Sec. 32. The Responsible Battery Management Fund is created. The15 fund shall consist of all receipts from fees paid under the Environmental16 Stewardship of Batteries Act. Only the Director of Environment and Energy17 or the director's designee may authorize expenditures from the fund.18 Money in the fund may be used solely by the department for administering,19 implementing, and enforcing the requirements of the act. Any money in the20 fund may not be diverted for any purpose or activity other than those21 specified in this section. Any money in the fund available for investment22 shall be invested by the state investment officer pursuant to the23 Nebraska Capital Expansion Act and the Nebraska State Funds Investment24 Act. 25 Sec. 33. (1) Beginning January 1, 2028, a producer or retailer may26 only sell, distribute, or offer for sale in or into Nebraska a large27 format battery, covered battery, or battery-containing product that28 contains a battery that is designed or intended to be easily removable29 from the product, if the battery is: 30 (a) Marked with an identification of the producer of the battery,31 LB607 2025 LB607 2025 -38- unless the battery is less than one-half inch in diameter or does not1 contain a surface whose length exceeds one-half inch; and2 (b) Beginning January 1, 2030, marked with proper labeling to ensure3 proper collection and recycling, by identifying the chemistry of the4 battery and including an indication that the battery should not be5 disposed of as household waste. 6 (2) A producer shall certify to its customers, or to the retailer if7 the retailer is not the customer, that the requirements of this section8 have been met, as provided in section 23 of this act.9 (3) The department may amend, by rule and regulation, the10 requirements of subsection (1) of this section to maintain consistency11 with the labeling requirements or voluntary standards for batteries12 established in federal law. 13 Sec. 34. (1) Beginning on July 1, 2027, for portable batteries, and14 on July 1, 2029, for medium format batteries, or beginning on the first15 date on which an approved plan begins to be implemented under the16 Environmental Stewardship of Batteries Act by a battery stewardship17 organization, whichever comes first, all persons shall dispose of18 unwanted covered batteries through one of the following disposal options:19 (a) Disposal using the collection sites established by or included20 in the programs created by the act; 21 (b) For covered batteries generated by persons that are regulated22 generators of covered batteries under federal or state hazardous or solid23 waste laws, disposal in a manner consistent with the requirements of24 those laws; or 25 (c) Disposal using local government collection facilities that26 collect batteries consistent with subdivision (4)(c) of section 27 of27 this act. 28 (2)(a) A fee may not be charged at the time unwanted covered29 batteries are delivered or collected for management.30 (b) All covered batteries may only be collected, transported, and31 LB607 2025 LB607 2025 -39- processed in a manner that meets the standards established for a battery1 stewardship organization in a plan approved by the department, unless the2 batteries are being managed as described in subdivision (1)(b) of this3 section. 4 (3) A person may not place covered batteries in waste containers for5 disposal at incinerators, waste-to-energy facilities, or landfills.6 (4) A person may not place covered batteries in or on a container7 for mixed recyclables unless there is a separate location or compartment8 for the covered battery that complies with local government collection9 standards or guidelines. 10 (5) An owner or operator of a solid waste facility may not be found11 in violation of this section if the facility has posted in a conspicuous12 location a sign stating that covered batteries shall be managed through13 collection sites established by a battery stewardship organization and14 are not accepted for disposal. 15 (6) A solid waste collector may not be found in violation of this16 section for a covered battery placed in a disposal container by the17 generator of the covered battery. 18 Sec. 35. (1) By July 1, 2027, the department shall complete an19 assessment of the opportunities and challenges associated with the end-20 of-life management of batteries that are not covered batteries,21 including: 22 (a) Large format batteries; 23 (b) Lead acid batteries that weigh greater than eleven pounds;24 (c) Batteries contained in medical devices, as specified in 2125 U.S.C. 360c, as such section existed on January 1, 2025, that are not26 designed and marketed for sale or resale principally to consumers for27 personal use; and 28 (d) Batteries not intended or designed to be easily removed by a29 customer that are contained in battery-containing products, including30 medical devices. 31 LB607 2025 LB607 2025 -40- (2) The department shall consult with interested stakeholders in1 completing the assessment, including consultation with overburdened2 communities and vulnerable populations identified by the department. The3 assessment shall identify any needed adjustments to the stewardship4 program requirements established in the Environmental Stewardship of5 Batteries Act that are necessary to maximize public health, safety, and6 environmental benefits, such as battery reuse. 7 (3) The assessment shall consider: 8 (a) The different categories and uses of batteries and battery-9 containing products listed in subsection (1) of this section;10 (b) The current economic value and reuse or recycling potential of11 large format batteries or large format battery components and a summary12 of studies examining the environmental and equity implications of13 displacing demand for new rare earth materials, critical materials, and14 other conflict materials through the reuse and recycling of batteries;15 (c) The current methods by which unwanted batteries and battery-16 containing products listed in subsection (1) of this section are managed17 in Nebraska and nearby states; 18 (d) Challenges posed by the potential collection, management, and19 transport of batteries and battery-containing products listed in20 subsection (1) of this section, including challenges associated with21 removing batteries that were not intended or designed to be easily22 removable from products, other than by the manufacturer; and23 (e) Which criteria of the act should apply to batteries and battery-24 containing products listed in subsection (1) of this section in a manner25 that is identical or analogous to the requirements applicable to covered26 batteries. 27 (4) By October 1, 2027, the department shall submit a report28 electronically to the Legislature containing the findings of the29 assessment required in this section. 30 Sec. 36. Producers or battery stewardship organizations acting on31 LB607 2025 LB607 2025 -41- behalf of producers that prepare, submit, and implement a battery1 stewardship program plan pursuant to the Environmental Stewardship of2 Batteries Act and who are thereby subject to regulation by the department3 are granted immunity from state laws relating to antitrust, restraint of4 trade, unfair trade practices, and other regulation of trade and5 commerce, for the limited purpose of planning, reporting, and operating a6 battery stewardship program, including: 7 (1) The creation, implementation, or management of a battery8 stewardship organization and any battery stewardship plan regardless of9 whether it is submitted, denied, or approved; 10 (2) The determination of the cost and structure of a battery11 stewardship plan; and 12 (3) The types or quantities of batteries being recycled or otherwise13 managed pursuant to the act. 14 Sec. 37. Nothing in the Environmental Stewardship of Batteries Act15 changes or limits the authority of a city or village to provide for the16 collection of solid waste, including curbside collection of residential17 recyclable materials. 18 Sec. 38. Sections 38 to 41 of this act shall be known and may be19 cited as the Extended Producer Responsibility Data Collection Act.20 Sec. 39. For purposes of the Extended Producer Responsibility Data21 Collection Act: 22 (1) Covered product means packaging and paper products sold or23 supplied to consumers for personal, noncommercial use and disposed of24 through residential curbside or drop-off site collection systems;25 (2) Department means the Department of Environment and Energy; and26 (3)(a) Producer means the following person responsible for27 compliance with requirements under the act for a covered material28 introduced: 29 (i) For items sold in or with packaging at a physical retail30 location in this state: 31 LB607 2025 LB607 2025 -42- (A) If the item is sold in or with packaging under the brand of the1 item manufacturer or is sold in packaging that lacks identification of a2 brand, the producer is the person that manufactures the item;3 (B) If there is no person to which subdivision (3)(a)(i)(A) of this4 section applies, the producer is the person that is licensed to5 manufacture and sell or offer for sale to consumers in this state an item6 with packaging under the brand or trademark of another manufacturer or7 person; 8 (C) If there is no person to which subdivision (3)(a)(i)(A) or (B)9 of this section applies, the producer is the brand owner of the item;10 (D) If there is no person described in subdivision (3)(a)(i)(A),11 (B), or (C) of this section within the United States, the producer is the12 person who is the importer of record for the item into the United States13 for use in a commercial enterprise that sells, offers for sale, or14 distributes the item in this state; or 15 (E) If there is no person described in subdivisions (3)(a)(i)(A)16 through (D) of this section, the producer is the person that first17 distributes the item in or into this state; 18 (ii) For items sold or distributed in packaging in or into this19 state via e-commerce, remote sale, or distribution:20 (A) For packaging used to directly protect or contain the item, the21 producer of the packaging is the same as the producer identified under22 subdivision (3)(a)(i) of this section; and 23 (B) For packaging used to ship the item to a consumer, the producer24 of the packaging is the person that packages the item to be shipped to25 the consumer; 26 (iii) For packaging that is a covered material and is not included27 in subdivisions (3)(a)(i) and (ii) of this section, the producer of the28 packaging is the person that first distributes the item in or into this29 state; 30 (iv) For paper products that are magazines, catalogs, telephone31 LB607 2025 LB607 2025 -43- directories, or similar publications, the producer is the publisher;1 (v) For paper products not described in subdivision (3)(a)(iv) of2 this section: 3 (A) If the paper product is sold under the manufacturer's own brand,4 the producer is the person that manufactures the paper product;5 (B) If there is no person to which subdivision (3)(a)(v)(A) of this6 section applies, the producer is the person that is the owner or licensee7 of a brand or trademark under which the paper product is used in a8 commercial enterprise, sold, offered for sale, or distributed in or into9 this state, whether or not the trademark is registered in this state;10 (C) If there is no person to which subdivision (3)(a)(v)(A) or (B)11 of this section applies, the producer is the brand owner of the paper12 product; 13 (D) If there is no person described in subdivision (3)(a)(v)(A),14 (B), or (C) of this section within the United States, the producer is the15 person that imports the paper product into the United States for use in a16 commercial enterprise that sells, offers for sale, or distributes the17 paper product in this state; or 18 (E) If there is no person described in subdivisions (3)(a)(v)(A)19 through (D) of this section, the producer is the person that first20 distributes the paper product in or into this state; and21 (vi) A person is the producer of a covered material sold, offered22 for sale, or distributed in or into this state, as defined in23 subdivisions (3)(a)(i) through (v) of this section, except:24 (A) Where another person has mutually signed an agreement with a25 producer as defined in subdivisions (3)(a)(i) through (v) of this section26 that contractually assigns responsibility to the person as the producer,27 and the person has joined a registered producer responsibility28 organization as the responsible producer for that covered material under29 the Extended Producer Responsibility Data Collection Act. In the event30 that another person is assigned responsibility as the producer under this31 LB607 2025 LB607 2025 -44- subdivision (3)(a)(vi), the producer under subdivisions (3)(a)(i) through1 (v) of this section shall provide written certification of that2 contractual agreement to the producer responsibility organization; and3 (B) If the producer described in subdivisions (3)(a)(i) through (v)4 of this section is a business operated wholly or in part as a franchise,5 the producer is the franchisor if that franchisor has franchisees that6 have a commercial presence within the state. 7 (b) Producer does not include: 8 (i) Government agencies, municipalities, or other political9 subdivisions of the state; 10 (ii) Charitable organizations described in section 501(c)(3) of the11 Internal Revenue Code as defined in section 49-801.01 and social welfare12 organizations described in section 501(c)(4) of the Internal Revenue Code13 as defined in section 49-801.01; or 14 (iii) De minimis producers that: 15 (A) Annually sell, offer for sale, distribute, or import in or into16 the country for sale in Nebraska less than one ton of covered products17 each year; or 18 (B) Have a global gross revenue of less than five million dollars19 for the most recent fiscal year of the organization. The department shall20 calculate an adjusted rate to maintain the de minimis exemption by the21 rate of inflation. The adjusted rate shall be calculated to the nearest22 cent using the Consumer Price Index for All Urban Wage Earners. Each23 adjusted rate calculated under this subdivision takes effect on the24 following January 1. 25 Sec. 40. (1) Beginning January 1, 2026, a producer that offers for26 sale, sells, or distributes in or into Nebraska covered products shall27 register with the department individually or through a third-party28 representative registering on behalf of a group of producers.29 (2) The registration information submitted to the department under30 this section shall include a list of the producers of covered products31 LB607 2025 LB607 2025 -45- and the brand names of the covered products represented in the1 registration submittal. Beginning in 2027, a producer may submit2 registration information at the same time as the information submitted3 through the annual reporting in subsection (3) of this section.4 (3)(a) Beginning April 1, 2027, each producer of covered products,5 individually or through a third party representing a group of producers,6 shall provide an annual report to the department that includes, by7 material category, the volume in pounds of covered products sold, offered8 for sale, or distributed in or into Nebraska during the preceding9 calendar year. 10 (b) The report shall be submitted in a format and manner prescribed11 by the department. A manufacturer may submit national data allocated on a12 per capita basis for Nebraska to approximate the information required in13 this subsection if the producer or third-party representative14 demonstrates to the department that state-level data is not available or15 feasible to generate. 16 (c) The department shall post the information reported under this17 subsection on its website, except as provided in subdivision (d) of this18 subsection. 19 (d) A producer that submits information or records to the department20 under the Extended Producer Responsibility Data Collection Act may21 request that the information or records be made available only for the22 confidential use of the department, the Director of Environment and23 Energy, or the appropriate division of the department. The director shall24 give consideration to the request, and if this action is not detrimental25 to the public interest, the director shall grant the request for the26 information. 27 Sec. 41. (1) The department shall adopt and promulgate rules and28 regulations as necessary to administer, implement, and enforce the29 Extended Producer Responsibility Data Collection Act.30 (2)(a) The department may conduct audits and investigations for the31 LB607 2025 LB607 2025 -46- purpose of ensuring compliance with the act. 1 (b) The department shall annually publish a list of registered2 producers of covered products and associated brand names, their3 compliance status, and other information the department deems appropriate4 on the department's website. 5 (3)(a) By January 31, 2026, and every January 31 thereafter, the6 department shall prepare an annual workload analysis for public comment7 that identifies the annual costs it expects to incur to implement,8 administer, enforce, and carry out the Extended Producer Responsibility9 Data Collection Act. 10 (b) By April 1, 2026, and every April 1 thereafter, producers shall11 submit a fee payment of one thousand dollars. Fee payments shall be12 deposited in the Waste Reduction and Recycling Incentive Fund.13 (c) The department may adjust the fee prescribed in subdivision (b)14 of this subsection as needed to cover its costs. 15 (d) The department may set a single fee for third-party16 representatives of producers to be paid on behalf of all producers which17 are members. 18 (e) The department shall: 19 (i) Apply any remaining annual payment funds from the current year20 to the annual payment for the coming year, if the collected annual21 payment exceeds the department's costs for a given year; and22 (ii) Increase annual payments for the coming year to cover the23 department's costs, if the collected annual payment was less than the24 department's costs for a given year. 25 (4) For producers out of compliance with the registration or26 reporting requirements of the Extended Producer Responsibility Data27 Collection Act, the department shall provide written notification and28 offer information to producers. For purposes of this section, written29 notification serves as notice of the violation. The department shall30 issue at least two notices of violation by certified mail prior to31 LB607 2025 LB607 2025 -47- assessing a penalty under subsection (5) of this section.1 (5) The department may assess a penalty in an amount not to exceed2 one thousand dollars for each day for a violation of the Extended3 Producer Responsibility Data Collection Act. 4 (6) Penalties issued under this section are appealable to the5 Environmental Quality Council. 6 (7) Penalties collected under this section shall be remitted to the7 State Treasurer for distribution in accordance with Article VII, section8 5, of the Constitution of Nebraska. 9 Sec. 42. Sections 42 to 58 of this act shall be known and may be10 cited as the Minimum Recycled Content Act. 11 Sec. 43. For purposes of the Minimum Recycled Content Act:12 (1) Covered product means covered product as described in section 4413 of this act; 14 (2) De minimis manufacturer means a person that annually sells,15 offers for sale, distributes, or imports into the country for sale in the16 state: 17 (a) Less than one ton of a single category of recycled content18 products; or 19 (b) A single category of a covered product that, in aggregate,20 generates less than five million dollars each year in global revenue;21 (3) Department means the Department of Environment and Energy;22 (4) Food means articles used for food or drink for consumption by23 humans or other animals, and articles used for components of any such24 article; 25 (5) Hazardous waste means any solid waste defined as hazardous waste26 by the department; 27 (6) Licensee means a manufacturer or entity who licenses a brand and28 manufactures a covered product under that brand; 29 (7)(a) Manufacturer means: 30 (i) A person that produces or generates a covered product that is31 LB607 2025 LB607 2025 -48- sold or offered for sale in the state; 1 (ii) A person that is the brand owner of a covered product that is2 sold or offered for sale in the state unless the brand owner identifies a3 licensee who agrees to accept responsibility under the Minimum Recycled4 Content Act and the licensee informs the department in writing of the5 agreement; or 6 (iii) In the absence of a person meeting the criteria in subdivision7 (6)(a)(i) or (ii) of this section over whom the state may exercise8 jurisdiction, a person who imports or distributes a covered product into9 or within the state. 10 (b) Manufacturer does not include: 11 (i) A person who only licenses a brand or trademark for a product12 and does not produce, package, or sell the product in the state, except13 as agreed upon pursuant to subdivision (6)(a)(ii) of this section;14 (ii) A person who, at a single physical location, produces,15 packages, and sells a product directly to a consumer at retail, which may16 include a grocery store, restaurant, bar, cafeteria, café, food truck,17 food cart, or similar establishment; or 18 (iii) Notwithstanding any other provision of the Minimum Recycled19 Content Act to the contrary, a de minimis manufacturer;20 (8) Person means an individual, corporation, company, association,21 society, firm, partnership, or joint stock company;22 (9)(a) Plastic means a synthetic material made from linking monomers23 through a chemical reaction to create an organic polymer chain that can24 be molded or extruded at high heat into various solid forms retaining25 their defined shapes during the life cycle and after disposal.26 (b) Plastic does not include material that is designed to be27 composted in a municipal or industrial aerobic composting facility and28 that is certified by a recognized third-party independent verification29 body as meeting the standards therefore established by ASTM International30 publications D6400 or D6868; 31 LB607 2025 LB607 2025 -49- (10) Plastic trash bag means a bag that is made of plastic, is at1 least 0.7 mils thick, and is designed and manufactured for use as a2 container to hold, store, or transport materials to be discarded,3 composted, or recycled, and includes, but is not limited to, a garbage4 bag, lawn or leaf bag, can-liner bag, kitchen bag, or compactor bag;5 (11) Portfolio means the suite of product sub-types with the same6 primary resin composition that a manufacturer may produce under a single7 covered product type as listed in section 44 of this act;8 (12) Portfolio standard means a standard for calculating average9 postconsumer recycled content across covered product sub-types provided10 that all covered recycled content products in a manufacturer's portfolio11 are accounted for in the calculation; 12 (13)(a) Postconsumer recycled content means material generated by13 households or by commercial, industrial, and institutional facilities in14 their role as end-users of the product which has been used for its15 intended use or can no longer be used for its intended purpose. This16 includes the return of material from the distribution chain.17 (b) Postconsumer recycled content does not include secondary waste18 material or materials and byproducts generated from, and commonly used19 within, an original manufacturing and fabrication process;20 (14) Recycled content product means all products listed under21 subsection (1) of section 44 of this act; 22 (15) Refillable container means a rigid plastic container that is23 routinely returned to and refilled by the manufacturer with the same24 product packaged by the container; 25 (16) Representative organization means an organization created or26 selected by a manufacturer or manufacturers for the purposes of complying27 with the annual registration and reporting requirements described in28 sections 48 and 51 of this act; 29 (17) Reusable container means a rigid plastic container that is30 routinely reused by consumers to store the original product packaged by31 LB607 2025 LB607 2025 -50- the container; and 1 (18) Rigid plastic container means a container made of plastic that2 has a relatively inflexible finite shape or form, has a minimum capacity3 of eight fluid ounces or its equivalent volume, and is capable of4 maintaining its shape while empty or while holding other products.5 Sec. 44. (1) For purposes of the Minimum Recycled Content Act,6 covered product includes: 7 (a) Rigid plastic containers; 8 (b) Rigid plastic products used for: 9 (i) Plastic buckets and pails; 10 (ii) Household storage containers; 11 (iii) Indoor trash bins; 12 (iv) Nursery packaging; 13 (v) Trash and recycling carts; and 14 (vi) Secondary packaging such as crates, totes, and gaylords;15 (c) Plastic trash bags; and 16 (d) Film plastic used as: 17 (i) Packaging overwrap; 18 (ii) Lawn and garden plastic film bags; and 19 (iii) Heavy duty industrial plastic film bags.20 (2)(a) The department is hereby authorized to issue guidance related21 to covered recycled content product definitions as needed.22 (b) Covered recycled content products shall be exempt from the23 Minimum Recycled Content Act if any of the following conditions apply:24 (i) The product is a package or container that contains food;25 (ii) The product is associated with a product produced in or brought26 into the state that is destined for shipment to a destination outside the27 state, and that remains with the product upon shipment;28 (iii) The product contains drugs, dietary supplements, medical29 devices, or cosmetics as those terms are defined in the Federal Food,30 Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as such act existed on31 LB607 2025 LB607 2025 -51- January 1, 2025; 1 (iv) The product contains toxic or hazardous products regulated2 under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.3 136 et seq., as such act existed on January 1, 2025;4 (v) The product is manufactured for use in the shipment of hazardous5 materials and is: 6 (A) Prohibited from being manufactured with used material by federal7 packaging material specifications set forth in 49 C.F.R. 178.509 and 498 C.F.R. 178.522; 9 (B) Is subject to the testing standards set forth in 49 C.F.R.10 178.600 through 49 C.F.R. 178.609; or 11 (C) Is subject to the recommendations of the United Nations on the12 transport of dangerous goods; or 13 (vi) The product is a refillable container or a reusable container.14 Sec. 45. (1) A manufacturer of a covered product shall meet the15 following annual minimum postconsumer recycled content percentages on16 average for the total quantity of covered recycled content products, by17 weight, that are sold, offered for sale, or distributed in or into the18 state: 19 (a) Beginning January 1, 2028, for covered recycled content20 products, no less than thirty percent postconsumer recycled content21 plastic by weight; and 22 (b) Beginning January 1, 2028, for trash and recycling carts, no23 less than ten percent postconsumer recycled content plastic by weight.24 (2) This section does not apply to: 25 (a) Containers certified by the Biodegradable Products Institute as26 compostable; 27 (b) A bag that is designed and manufactured to hold, store, or28 transport hazardous waste or regulated medical waste; and29 (c) Other items as designated by the department.30 Sec. 46. (1) A manufacturer shall achieve compliance with the31 LB607 2025 LB607 2025 -52- postconsumer recycled content requirements of the Minimum Recycled1 Content Act based on the average amount of postconsumer recycled content,2 by weight, contained in its covered recycled content products. A3 manufacturer may calculate the average amount of postconsumer recycled4 content contained in its products using data specific to products sold or5 offered for sale in the state or nationwide. Beginning four years after6 the operative date of this act, a manufacturer shall calculate the7 average amount of postconsumer recycled content in its products using8 data specific to products sold or offered for sale in this state only, if9 such data is available. If a manufacturer demonstrates to the department10 that state-specific data is not available or feasible to generate, then11 the manufacturer may utilize national data to calculate the average12 amount of postconsumer recycled content contained in its products.13 (2) The calculation of averages may be based on portfolio standards.14 Beginning five years after the effective date of each postconsumer15 content requirement described in this section, a manufacturer shall be16 required to calculate the amount of postconsumer recycled content in each17 individual covered product sold or offered for sale within the state.18 (3) If a manufacturer relies on national data to calculate the19 average amount of postconsumer recycled content contained in its20 products, the manufacturer shall: 21 (a) Prorate the national data based on market share or population,22 to ensure that the percentage of postconsumer recycled content calculated23 for products sold in the state is the same percentage as calculated for24 the nation; and 25 (b) Document the methodology used to prorate the national data in26 the report required pursuant to this section. 27 Sec. 47. (1) A manufacturer may apply to the department for a28 temporary waiver or an extended timeline for compliance from the29 postconsumer recycled content requirements established pursuant to the30 Minimum Recycled Content Act. The department may grant a waiver pursuant31 LB607 2025 LB607 2025 -53- to this subsection if the manufacturer demonstrates, and the department1 finds that: 2 (a) The manufacturer cannot achieve the postconsumer recycled3 content requirements and remain in compliance with applicable regulations4 adopted by the United States Food and Drug Administration, or any other5 state or federal law, rule, or regulation; 6 (b) It is not technologically feasible for the manufacturer to7 achieve the postconsumer recycled content requirements;8 (c) The manufacturer cannot comply with the postconsumer recycled9 content requirements due to supply limitations; or10 (d) The manufacturer cannot comply for another reason as determined11 by the department pursuant to rules and regulations based on factors12 described in section 50 of this act. 13 (2) In order to qualify for a waiver from the postconsumer recycled14 content requirements of the Minimum Recycled Content Act, a manufacturer15 shall submit to the department documentation from a federal or state16 agency or certified third-party expert, as appropriate, demonstrating17 that the manufacturer cannot comply with the postconsumer recycled18 content requirements for one of the reasons set forth in subsection (1)19 of this section, and pay a waiver fee of one thousand dollars. The20 department may modify the amount of the waiver fee, pursuant to the21 Administrative Procedure Act, as necessary to reflect the department's22 costs to administer, monitor, and enforce this section.23 (3) The department may grant a waiver from the postconsumer recycled24 content requirements for a period of not less than two years, as25 determined by the department. The department shall publish any26 determination to grant a waiver from the postconsumer recycled content27 requirements on its website. The department shall develop a standardized28 form and procedure for manufacturers to apply for a waiver pursuant to29 this section. 30 Sec. 48. (1) Beginning three years after the operative date of this31 LB607 2025 LB607 2025 -54- act, and annually thereafter, a manufacturer shall, individually or as1 part of a representative organization, register with the department in a2 form and manner as prescribed by the department, and pay an annual3 registration fee of one thousand dollars. 4 (2) The department may modify the amount of the annual registration5 fee, pursuant to the Administrative Procedure Act, as necessary to6 reflect the department's costs to implement, administer, monitor, and7 enforce the Minimum Recycled Content Act. 8 (3) Notwithstanding any other provision of this section to the9 contrary: 10 (a) A de minimis manufacturer shall not be required to pay the11 registration fee established pursuant to this section if the manufacturer12 demonstrates to the department and the department finds that, upon annual13 registration, the manufacturer is a de minimis manufacturer; or14 (b) A manufacturer that produces or generates only products that are15 exempt from the Minimum Recycled Content Act shall be required to16 register with the department only once and shall be exempt from the17 registration fee. 18 (4)(a) The department shall establish an electronic registration19 process on its website. 20 (b) The lack of an electronic registration process shall not negate21 the requirement for a manufacturer to register pursuant to this section.22 (5) The registration shall include information regarding:23 (a) Each producer included under the registration;24 (b) Each brand name of a covered product included under the25 registration; 26 (c) The total weight of covered recycled content products sold in27 the state in the immediately preceding calendar year, including the total28 weight by each category of a covered product; 29 (d) The average percentage of postconsumer recycled content for each30 category of a covered product sold in the state in the immediately31 LB607 2025 LB607 2025 -55- preceding calendar year; 1 (e) Proof of third-party certification in accordance with this2 section; and 3 (f) Any additional information required by the department by rule4 and regulation. 5 (6) Notwithstanding any other provision of this section to the6 contrary, a manufacturer that fails to register with the department7 pursuant to this section shall first receive a written warning. A8 manufacturer that receives a written warning shall register with the9 department no later than ninety days after receipt of the warning.10 (7) A manufacturer that receives a written warning and that fails to11 register with the department within ninety days after receipt of the12 warning shall be subject to the penalties set forth in section 55 of this13 act. 14 Sec. 49. (1) Beginning January 1, 2028, and annually thereafter, a15 producer shall include proof of third-party certification of the16 postconsumer recycled content of each covered product included in the17 registration in a manner required by the department.18 (2) The certification required under subsection (1) of this section19 shall be completed by an independent, accredited certifying body as20 required by the International Organization for Standardization.21 Sec. 50. (1) Notwithstanding any other provision of the Minimum22 Recycled Content Act to the contrary, the department may, at any time,23 pursuant to the Administrative Procedure Act, review and adjust any of24 the postconsumer recycled content requirements established in the act.25 (2) In making an adjustment pursuant to this section, the department26 shall consider: 27 (a) Changes in market conditions, including supply and demand for28 postconsumer recycled content, collection rates, and bale availability29 both domestically and globally; 30 (b) Recycling rates, as may be determined by the department;31 LB607 2025 LB607 2025 -56- (c) The availability of recycled material suitable for manufacturers1 to meet the postconsumer recycled content requirements, including the2 availability of high-quality recycled plastic and food-grade recycled3 plastic; 4 (d) The capacity of recycling or processing infrastructure;5 (e) The progress made by manufacturers in meeting the postconsumer6 recycled content requirements; and 7 (f) Any other factors as determined by the department pursuant to8 rule and regulation. 9 (3) Any adjustment to the postconsumer recycled content requirements10 made pursuant to this section shall be only for a time period, and only11 under such conditions, as the department may by rule and regulation12 establish. 13 Sec. 51. (1) Beginning January 1, 2027, a manufacturer shall,14 individually or as part of a representative organization, provide an15 annual report to the department that includes the amount, in pounds, of16 virgin plastic by resin type, and the amount, in pounds, of postconsumer17 recycled content by resin type used and the source, by country of origin,18 for each category of covered recycled content products that are sold,19 offered for sale, or distributed in or into the state, including the20 total postconsumer recycled content resins as a percentage of total21 plastic weight. 22 (2) The report shall be submitted in a format and manner prescribed23 by the department. 24 (3) The department shall post the information reported under this25 section on its website, except as provided in subsection (4) of this26 section. 27 (4) A producer that submits information or records to the department28 under the Minimum Recycled Content Act may request that the information29 or records be made available only for the confidential use of the30 department, the Director of Environment and Energy, or the appropriate31 LB607 2025 LB607 2025 -57- division of the department. The director shall give consideration to the1 request, and if this action is not detrimental to the public interest,2 the director shall grant the request for the information to remain3 confidential. 4 Sec. 52. The department may participate in the establishment and5 implementation of a multistate clearinghouse to assist in carrying out6 the requirements of the Minimum Recycled Content Act, including to:7 (1) Help coordinate the review of registrations, waiver requests,8 and certifications described in the act; and 9 (2) Implement education and outreach activities.10 Sec. 53. (1) With respect to violations related to the amount of11 recycled content contained in a manufacturer's covered recycled content12 products, the department shall assess a civil penalty on a per-pound13 basis for each pound of virgin material that is used by a manufacturer in14 its products where recycled material is required pursuant to the Minimum15 Recycled Content Act. The penalty shall be set at twenty cents per pound16 for the first year. 17 (2) After January 1, 2029, the department may develop a formula and18 methodology for calculating a per-pound penalty for each resin type that19 is, over the average of the previous six months, greater than the market20 price differential between postconsumer resin and virgin resin varieties21 according to one or more national price indices as selected by the22 department. 23 (3) Civil penalties collected under this section shall be remitted24 to the State Treasurer for distribution in accordance with Article VII,25 section 5, of the Constitution of Nebraska. 26 Sec. 54. (1) The department may grant a reduction in the civil27 penalties imposed under section 53 of this act if a producer submits to28 the department a corrective action plan and the department approves the29 corrective action plan. 30 (2) A corrective action plan submitted under this section shall31 LB607 2025 LB607 2025 -58- include: 1 (a) The reasons the producer will fail to meet or failed to meet the2 minimum postconsumer recycled content percentage requirements; and3 (b) The steps that the producer will take to comply with the4 requirements during the subsequent reporting years.5 (3) In determining whether to grant a reduction in the civil6 penalties, the department shall consider: 7 (a) Anomalous market conditions; 8 (b) Disruption in supply or lack of supply of recycled plastics;9 (c) Efforts undertaken by the producer to increase the recyclability10 of the producer's product and the supply of postconsumer recycled11 plastic; 12 (d) Efforts taken to increase the use of postconsumer recycled13 plastics in other applications; and 14 (e) Other factors that prevent a producer from meeting the minimum15 postconsumer recycled content percentage requirements.16 Sec. 55. (1) For manufacturers that are out of compliance with the17 registration or reporting requirements of sections 48 and 51 of this act,18 the department shall provide written notification and offer information19 to producers. For purposes of this section, written notification serves20 as notice of the violation. The department shall issue at least two21 notices of violation by certified mail prior to assessing a penalty under22 subsection (2) of this section. 23 (2) A manufacturer out of compliance with the registration or24 reporting requirements of sections 48 and 51 of this act is subject to a25 civil penalty for each day of violation in an amount not to exceed one26 thousand dollars. 27 Sec. 56. For each pound of postconsumer resin purchased from a28 source in this state or in adjacent regions, as determined by the29 department, for use in the manufacture of covered recycled content30 products with recycled plastic postconsumer material in compliance with31 LB607 2025 LB607 2025 -59- the Minimum Recycled Content Act, the department shall credit the1 certifying manufacturer with having used one and two-tenths pounds of2 postconsumer resin toward compliance with the requirements of the act.3 Sec. 57. Civil penalties collected under the Minimum Recycled4 Content Act shall be remitted to the State Treasurer for distribution in5 accordance with Article VII, section 5, of the Constitution of Nebraska.6 Sec. 58. The department shall adopt and promulgate rules and7 regulations to carry out the Minimum Recycled Content Act.8 Sec. 59. Section 81-1502, Reissue Revised Statutes of Nebraska, is9 amended to read: 10 81-1502 For purposes of the Environmental Protection Act, unless the11 context otherwise requires: 12 (1) Air contaminant or air contamination means shall mean the13 presence in the outdoor atmosphere of any dust, fume, mist, smoke, vapor,14 gas, other gaseous fluid, or particulate substance differing in15 composition from or exceeding in concentration the natural components of16 the atmosphere; 17 (2) Air pollution means shall mean the presence in the outdoor18 atmosphere of one or more air contaminants or combinations thereof in19 such quantities and of such duration as are or may tend to be injurious20 to human, plant, or animal life, property, or the conduct of business;21 (3) Chairperson means shall mean the chairperson of the22 Environmental Quality Council and council means shall mean the23 Environmental Quality Council; 24 (4) Complaint means shall mean any charge, however informal, to or25 by the council, that any person or agency, private or public, is26 polluting the air, land, or water or is violating the Environmental27 Protection Act or any rule or regulation of the department in respect28 thereof; 29 (5) Control and controlling includes shall include prohibition and30 prohibiting as related to air, land, or water pollution;31 LB607 2025 LB607 2025 -60- (6) Department means shall mean the Department of Environment and1 Energy, which department is hereby created; 2 (7) Director means shall mean the Director of Environment and3 Energy, which position is hereby established; 4 (8) Disposal system means shall mean a system for disposing of5 wastes, including hazardous wastes, either by surface or underground6 methods, and includes sewerage systems and treatment works, disposal7 wells and fields, and other systems; 8 (9) Effluent limitation means any restriction, including a schedule9 of compliance, established by the council on quantities, rates, and10 concentrations of chemical, physical, biological, and other constituents11 which are discharged from point sources into waters of the state;12 (10) (9) Emissions means shall mean releases or discharges into the13 outdoor atmosphere of any air contaminant or combination thereof;14 (11) Fluid means a material or substance which flows or moves15 whether in a semisolid, liquid, sludge, gas, or other form or state;16 (12) Garbage means rejected food wastes, including waste17 accumulation of animal, fruit, or vegetable matter used or intended for18 food or that attend the preparation, use, cooking, dealing in, or storing19 of meat, fish, fowl, fruit, or vegetables, and dead animals rejected by20 rendering plants; 21 (13) Hazardous waste means a solid waste, or combination of solid22 wastes, which because of its quantity, concentration, or physical,23 chemical, or infectious characteristics may (a) cause or significantly24 contribute to an increase in mortality or an increase in serious25 irreversible, or incapacitating reversible, illness or (b) pose a26 substantial present or potential hazard to human or animal health or the27 environment when improperly treated, stored, transported, disposed of, or28 otherwise managed; 29 (14) Injection well means a well into which fluids are injected;30 (15) Junk means old scrap, copper, brass, iron, steel, rope, rags,31 LB607 2025 LB607 2025 -61- batteries, paper, trash, rubber debris, waste, dismantled or wrecked1 automobiles, or parts thereof, and other old or scrap ferrous or2 nonferrous material; 3 (16) Land pollution means the presence upon or within the land4 resources of the state of one or more contaminants or combinations of5 contaminants, including, but not limited to, refuse, garbage, rubbish, or6 junk, in such quantities and of such quality as will or are likely to (a)7 create a nuisance, (b) be harmful, detrimental, or injurious to public8 health, safety, or welfare, (c) be injurious to plant and animal life and9 property, or (d) be detrimental to the economic and social development,10 the scenic beauty, or the enjoyment of the natural attractions of the11 state; 12 (17) Livestock waste control facility has the same meaning as in13 section 54-2417; 14 (18) Manifest means the form used for identifying the quantity,15 composition, origin, routing, and destination of hazardous waste during16 its transportation from the point of generation to the point of disposal,17 treatment, or storage; 18 (19) Manufacturing facility has the same meaning as in section 6 of19 this act; 20 (20) Mineral exploration hole means a hole bored, drilled, driven,21 or dug in the act of exploring for any mineral other than oil or gas;22 (21) Mineral production well means a well drilled to promote23 extraction of mineral resources or energy, including, but not limited to,24 a well designed for (a) mining of sulfur by the Frasch process, (b)25 solution mining of sodium chloride, potash, phosphate, copper, uranium,26 or any other mineral which can be mined by this process, (c) in situ27 combustion of coal, tar sands, oil shale, or any other fossil fuel, or28 (d) recovery of geothermal energy for the production of electric power.29 Mineral production well shall not include any well designed for30 conventional oil or gas production, for use of fluids to promote enhanced31 LB607 2025 LB607 2025 -62- recovery of oil or natural gas, or for injection of hydrocarbons for1 storage purposes; 2 (22) (10) Person means shall mean any: Individual; partnership;3 limited liability company; association; public or private corporation;4 trustee; receiver; assignee; agent; municipality or other governmental5 subdivision; public agency; other legal entity; or any officer or6 governing or managing body of any public or private corporation,7 municipality, governmental subdivision, public agency, or other legal8 entity; 9 (23) Point source means any discernible confined and discrete10 conveyance, including, but not limited to, any pipe, ditch, channel,11 tunnel, conduit, well, discrete fissure, container, rolling stock, or12 vessel or other floating craft from which pollutants are or may be13 discharged; 14 (24) Post-use polymer has the same meaning as in section 8 of this15 act; 16 (25) Processing means to treat, detoxify, neutralize, incinerate,17 biodegrade, or otherwise process a hazardous waste to remove the harmful18 properties or characteristics of such waste for disposal in accordance19 with regulations established by the council; 20 (26) Recovered feedstock has the same meaning as in section 10 of21 this act; 22 (27) Refuse means putrescible and nonputrescible solid wastes,23 except body wastes, and includes garbage, rubbish, ashes, incinerator24 ash, incinerator residue, street cleanings, and solid market and25 industrial wastes; 26 (28) Rubbish means nonputrescible solid wastes, excluding ashes,27 consisting of both combustible and noncombustible wastes, such as paper,28 cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or29 litter of any kind that will be a detriment to the public health and30 safety; 31 LB607 2025 LB607 2025 -63- (29) (11) Rule or regulation means shall mean any rule or regulation1 of the department; 2 (30) Schedule of compliance means a schedule of remedial measures3 including an enforceable sequence of actions or operations leading to4 compliance with an effluent limitation, other limitation, prohibition, or5 standard; 6 (31) (12) Sewerage system means shall mean pipelines, conduits,7 pumping stations, force mains, and all other constructions, devices,8 appurtenances, and facilities used for collecting or conducting wastes to9 an ultimate point for treatment or disposal; 10 (32) Solid waste means any garbage, refuse, or sludge from a waste11 treatment plant, water supply treatment plant, or air pollution control12 facility and other discarded material, including solid, liquid,13 semisolid, or contained gaseous material resulting from industrial,14 commercial, and mining operations and from community activities. Solid15 waste shall not include slag, a product that is a result of the steel16 manufacturing process and is managed as an item of value in a controlled17 manner and not as a discarded material; solid or dissolved materials in18 irrigation return flows or industrial discharges which are point sources19 subject to permits under section 402 of the Clean Water Act, 33 U.S.C.20 1251 et seq., as such section existed on January 1, 2025; source21 material, special nuclear material, or byproduct material as defined by22 the Atomic Energy Act of 1954, 42 U.S.C. 2014, as such section existed on23 January 1, 2025; or post-use polymers and recovered feedstocks converted24 at a manufacturing facility or held at such manufacturing facility prior25 to conversion through a manufacturing process; 26 (33) Solid waste management facility means a facility as defined in27 section 13-2010; 28 (34) Solution mining means the use of an injection well and fluids29 to promote the extraction of mineral resources; 30 (35) Storage, when used in connection with hazardous waste, means31 LB607 2025 LB607 2025 -64- the containment of hazardous waste, either on a temporary basis or for a1 period of years, in such manner as not to constitute disposal of such2 hazardous waste; 3 (36) (13) Treatment works means shall mean any plant or other works4 used for the purpose of treating, stabilizing, or holding wastes;5 (37) Uranium means tri-uranium oct-oxide; 6 (38) (14) Wastes means shall mean sewage, industrial waste, and all7 other liquid, gaseous, solid, radioactive, or other substances which may8 pollute or tend to pollute any air, land, or waters of the state;9 (39) Water pollution means the manmade or man-induced alteration of10 the chemical, physical, biological, or radiological integrity of water;11 (40) Waters of the state means all waters within the jurisdiction of12 this state, including all streams, lakes, ponds, impounding reservoirs,13 marshes, wetlands, watercourses, waterways, wells, springs, irrigation14 systems, drainage systems, and all other bodies or accumulations of15 water, surface or underground, natural or artificial, public or private,16 situated wholly or partly within or bordering upon the state; and17 (41) Well means a bored, drilled, or driven shaft or a dug hole, the18 depth of which is greater than the largest surface dimension of such19 shaft or hole. 20 (15) Refuse shall mean putrescible and nonputrescible solid wastes,21 except body wastes, and includes garbage, rubbish, ashes, incinerator22 ash, incinerator residue, street cleanings, and solid market and23 industrial wastes; 24 (16) Garbage shall mean rejected food wastes, including waste25 accumulation of animal, fruit, or vegetable matter used or intended for26 food or that attend the preparation, use, cooking, dealing in, or storing27 of meat, fish, fowl, fruit, or vegetables, and dead animals rejected by28 rendering plants; 29 (17) Rubbish shall mean nonputrescible solid wastes, excluding30 ashes, consisting of both combustible and noncombustible wastes, such as31 LB607 2025 LB607 2025 -65- paper, cardboard, tin cans, yard clippings, wood, glass, bedding,1 crockery, or litter of any kind that will be a detriment to the public2 health and safety; 3 (18) Junk shall mean old scrap, copper, brass, iron, steel, rope,4 rags, batteries, paper, trash, rubber debris, waste, dismantled or5 wrecked automobiles, or parts thereof, and other old or scrap ferrous or6 nonferrous material; 7 (19) Land pollution shall mean the presence upon or within the land8 resources of the state of one or more contaminants or combinations of9 contaminants, including, but not limited to, refuse, garbage, rubbish, or10 junk, in such quantities and of such quality as will or are likely to (a)11 create a nuisance, (b) be harmful, detrimental, or injurious to public12 health, safety, or welfare, (c) be injurious to plant and animal life and13 property, or (d) be detrimental to the economic and social development,14 the scenic beauty, or the enjoyment of the natural attractions of the15 state; 16 (20) Water pollution shall mean the manmade or man-induced17 alteration of the chemical, physical, biological, or radiological18 integrity of water; 19 (21) Waters of the state shall mean all waters within the20 jurisdiction of this state, including all streams, lakes, ponds,21 impounding reservoirs, marshes, wetlands, watercourses, waterways, wells,22 springs, irrigation systems, drainage systems, and all other bodies or23 accumulations of water, surface or underground, natural or artificial,24 public or private, situated wholly or partly within or bordering upon the25 state; 26 (22) Point source shall mean any discernible confined and discrete27 conveyance, including, but not limited to, any pipe, ditch, channel,28 tunnel, conduit, well, discrete fissure, container, rolling stock, or29 vessel or other floating craft from which pollutants are or may be30 discharged; 31 LB607 2025 LB607 2025 -66- (23) Effluent limitation shall mean any restriction, including a1 schedule of compliance, established by the council on quantities, rates,2 and concentrations of chemical, physical, biological, and other3 constituents which are discharged from point sources into waters of the4 state; 5 (24) Schedule of compliance shall mean a schedule of remedial6 measures including an enforceable sequence of actions or operations7 leading to compliance with an effluent limitation, other limitation,8 prohibition, or standard; 9 (25) Hazardous waste shall mean a solid waste, or combination of10 solid wastes, which because of its quantity, concentration, or physical,11 chemical, or infectious characteristics may (a) cause or significantly12 contribute to an increase in mortality or an increase in serious13 irreversible, or incapacitating reversible, illness or (b) pose a14 substantial present or potential hazard to human or animal health or the15 environment when improperly treated, stored, transported, disposed of, or16 otherwise managed; 17 (26) Solid waste shall mean any garbage, refuse, or sludge from a18 waste treatment plant, water supply treatment plant, or air pollution19 control facility and other discarded material, including solid, liquid,20 semisolid, or contained gaseous material resulting from industrial,21 commercial, and mining operations and from community activities. Solid22 waste shall not include slag, a product that is a result of the steel23 manufacturing process and is managed as an item of value in a controlled24 manner and not as a discarded material; solid or dissolved materials in25 irrigation return flows or industrial discharges which are point sources26 subject to permits under section 402 of the Clean Water Act, as amended,27 33 U.S.C. 1251 et seq.; or source, special nuclear, or byproduct material28 as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 201129 et seq.; 30 (27) Storage, when used in connection with hazardous waste, shall31 LB607 2025 LB607 2025 -67- mean the containment of hazardous waste, either on a temporary basis or1 for a period of years, in such manner as not to constitute disposal of2 such hazardous waste; 3 (28) Manifest shall mean the form used for identifying the quantity,4 composition, origin, routing, and destination of hazardous waste during5 its transportation from the point of generation to the point of disposal,6 treatment, or storage; 7 (29) Processing shall mean to treat, detoxify, neutralize,8 incinerate, biodegrade, or otherwise process a hazardous waste to remove9 such waste's harmful properties or characteristics for disposal in10 accordance with regulations established by the council;11 (30) Well shall mean a bored, drilled, or driven shaft or a dug12 hole, the depth of which is greater than the largest surface dimension of13 such shaft or hole; 14 (31) Injection well shall mean a well into which fluids are15 injected; 16 (32) Fluid shall mean a material or substance which flows or moves17 whether in a semisolid, liquid, sludge, gas, or other form or state;18 (33) Mineral production well shall mean a well drilled to promote19 extraction of mineral resources or energy, including, but not limited to,20 a well designed for (a) mining of sulfur by the Frasch process, (b)21 solution mining of sodium chloride, potash, phosphate, copper, uranium,22 or any other mineral which can be mined by this process, (c) in situ23 combustion of coal, tar sands, oil shale, or any other fossil fuel, or24 (d) recovery of geothermal energy for the production of electric power.25 Mineral production well shall not include any well designed for26 conventional oil or gas production, for use of fluids to promote enhanced27 recovery of oil or natural gas, or for injection of hydrocarbons for28 storage purposes; 29 (34) Mineral exploration hole shall mean a hole bored, drilled,30 driven, or dug in the act of exploring for a mineral other than oil and31 LB607 2025 LB607 2025 -68- gas; 1 (35) Solution mining shall mean the use of an injection well and2 fluids to promote the extraction of mineral resources;3 (36) Uranium shall mean tri-uranium oct-oxide;4 (37) Solid waste management facility shall mean a facility as5 defined in section 13-2010; and 6 (38) Livestock waste control facility shall have the same meaning as7 in section 54-2417. 8 Sec. 60. Section 81-15,160, Reissue Revised Statutes of Nebraska, is9 amended to read: 10 81-15,160 (1) The Waste Reduction and Recycling Incentive Fund is11 created. The department shall deduct from the fund amounts sufficient to12 reimburse itself for its costs of administration of the fund. The fund13 shall be administered by the department. The fund shall consist of14 proceeds from the fees imposed pursuant to the Waste Reduction and15 Recycling Incentive Act and the Extended Producer Responsibility Data16 Collection Act. 17 (2) The fund may be used for purposes which include, but are not18 limited to: 19 (a) Technical and financial assistance to political subdivisions for20 creation of recycling systems and for modification of present recycling21 systems; 22 (b) Recycling and waste reduction projects, including public23 education, planning, and technical assistance; 24 (c) Market development for recyclable materials separated by25 generators, including public education, planning, and technical26 assistance; 27 (d) Capital assistance for establishing private and public28 intermediate processing facilities for recyclable materials and29 facilities using recyclable materials in new products;30 (e) Programs which develop and implement composting of yard waste31 LB607 2025 LB607 2025 -69- and composting with sewage sludge; 1 (f) Technical assistance for waste reduction and waste exchange for2 waste generators; 3 (g) Programs to assist communities and counties to develop and4 implement household hazardous waste management programs;5 (h) Capital assistance for establishing private and public6 facilities to manufacture combustible waste products and to incinerate7 combustible waste to generate and recover energy resources, except that8 no disbursements shall be made under this section for scrap tire9 processing related to tire-derived fuel; and 10 (i) Grants for reimbursement of costs to cities of the first class,11 cities of the second class, villages, and counties of five thousand or12 fewer population for the deconstruction of abandoned buildings. Eligible13 deconstruction costs will be related to the recovery and processing of14 recyclable or reusable material from the abandoned buildings.15 (3) Grants up to one million five hundred thousand dollars annually16 shall be available until June 30, 2029, for new scrap tire projects only,17 if acceptable scrap tire project applications are received. Eligible18 categories of disbursement under section 81-15,161 may include, but are19 not limited to: 20 (a) Reimbursement for the purchase of crumb rubber generated and21 used in Nebraska, with disbursements not to exceed fifty percent of the22 cost of the crumb rubber; 23 (b) Reimbursement for the purchase of tire-derived product which24 utilizes a minimum of twenty-five percent recycled tire content, with25 disbursements not to exceed twenty-five percent of the product's retail26 cost; 27 (c) Participation in the capital costs of building, equipment, and28 other capital improvement needs or startup costs for scrap tire29 processing or manufacturing of tire-derived product, with disbursements30 not to exceed fifty percent of such costs or five hundred thousand31 LB607 2025 LB607 2025 -70- dollars, whichever is less; 1 (d) Participation in the capital costs of building, equipment, or2 other startup costs needed to establish collection sites or to collect3 and transport scrap tires, with disbursements not to exceed fifty percent4 of such costs; 5 (e) Cost-sharing for the manufacturing of tire-derived product, with6 disbursements not to exceed twenty dollars per ton or two hundred fifty7 thousand dollars, whichever is less, to any person annually;8 (f) Cost-sharing for the processing of scrap tires, with9 disbursements not to exceed twenty dollars per ton or two hundred fifty10 thousand dollars, whichever is less, to any person annually;11 (g) Cost-sharing for the use of scrap tires for civil engineering12 applications for specified projects, with disbursements not to exceed13 twenty dollars per ton or two hundred fifty thousand dollars, whichever14 is less, to any person annually; 15 (h) Disbursement to a political subdivision up to one hundred16 percent of costs incurred in cleaning up scrap tire collection and17 disposal sites; and 18 (i) Costs related to the study provided in section 81-15,159.01.19 The director shall give preference to projects which utilize scrap20 tires generated and used in Nebraska. 21 (4) Priority for grants made under section 81-15,161 shall be given22 to grant proposals demonstrating a formal public/private partnership23 except for grants awarded from fees collected under subsection (6) of24 section 13-2042. 25 (5) Grants awarded from fees collected under subsection (6) of26 section 13-2042 may be renewed for up to a five-year grant period. Such27 applications shall include an updated integrated solid waste management28 plan pursuant to section 13-2032. Annual disbursements are subject to29 available funds and the grantee meeting established grant conditions.30 Priority for such grants shall be given to grant proposals showing31 LB607 2025 LB607 2025 -71- regional participation and programs which address the first integrated1 solid waste management hierarchy as stated in section 13-2018 which shall2 include toxicity reduction. Disbursements for any one year shall not3 exceed fifty percent of the total fees collected after rebates under4 subsection (6) of section 13-2042 during that year.5 (6) Any person who stores waste tires in violation of section6 13-2033, which storage is the subject of abatement or cleanup, shall be7 liable to the State of Nebraska for the reimbursement of expenses of such8 abatement or cleanup paid by the department. 9 (7) The department may receive gifts, bequests, and any other10 contributions for deposit in the Waste Reduction and Recycling Incentive11 Fund. Transfers may be made from the fund to the General Fund at the12 direction of the Legislature. Any money in the Waste Reduction and13 Recycling Incentive Fund available for investment shall be invested by14 the state investment officer pursuant to the Nebraska Capital Expansion15 Act and the Nebraska State Funds Investment Act. 16 Sec. 61. This act becomes operative on January 1, 2026.17 Sec. 62. Original sections 13-2001, 13-2003, 13-2010, 13-2034,18 13-2042, 81-1502, and 81-15,160, Reissue Revised Statutes of Nebraska,19 are repealed. 20 LB607 2025 LB607 2025 -72-