Creates provisions relating to a battery recycling

SECOND REGULAR SESSION HOUSE BILL NO. 261 1 103RD GENERAL ASSEMBL Y INTRODUCED BY REPRESENT A TIVE VEIT . 6327H.01I JOSEPH ENGLER, Chief Clerk AN ACT T o amend chapter 701, RSMo, by adding thereto one new section relating to battery recycling, with penalty provisions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapter 701, RSMo, is amended by adding thereto one new section, to be 2 known as section 701.155, to read as follows: 701.155. 1. This section shall be known and may be cited as the "Lithium 2 Battery Recycling and Safety Act". 3 2. As used in this section, the following terms shall mean: 4 (1) "Battery", a medium-format re chargeable battery with a rating between 5 thr ee hundred to two thousand watt-hours, a lithium-ion recharg eable battery that uses 6 lithium ions to store energy , or a portable battery that can be carried by hand and is 7 used to charge or operate electr onic devices. A "Battery" does not mean: 8 (a) A battery contained within a medical device; 9 (b) A battery that contains an electr olyte as a free liquid; 10 (c) A lead-acid battery of any size; 11 (d) A battery that is a component of a motor vehicle or intended for use 12 exclusively in a motor vehicle; or 13 (e) A battery that is not intended or designed to be rem oved fr om any pr oduct 14 that is manufactur ed, distributed, or sold in the state; 15 (2) "Battery rec ycling pr ogram" or "pr ogram", a battery r ecycling pr ogram 16 sponsor ed by the department where the department pr ovides or contracts for the 17 transport, proce ssing, or recycli ng of batteries; EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language. 18 (3) "Collection site", any location, event, or other department-appro ved 19 collection service at which batteries are accepted into the battery recyc ling pro gram; 20 (4) "Department", the department of natural res ource s; 21 (5) "Dir ector", the dir ector of the department of natural r esources or the 22 dir ector's designee; 23 (6) "Repres entative organization", a nonprofi t organization established to 24 implement the battery r ecycling pr ogram. 25 3. Any person or entity engaged in the manufactur e, distribution, or sale of 26 batteries in the state shall establish or join a repr esentative organization. The 27 r epresent ative organization shall develop and submit to the dir ector for the director's 28 appr oval a plan for the establishment of a battery recycling pr ogram no less than every 29 five years. The plan shall: 30 (1) List contact information of each person or entity engaged in the 3 1 manufactur e, distribution, or sale of batteries and battery brands cover ed by the 32 pr ogram; 33 (2) Describe the education and communication strategies used to pro mote 34 participation in the battery r ecycling pr ogram; 35 (3) Describe the methods of funding the battery recycli ng pr ogram in a manner 36 that equitably distributes the pr ogram's costs between the members of the 3 7 r epresent ative organization; 38 (4) Establish battery collection rate goals for every year for the first thr ee years 39 after the implementation of the prog ram that are based on the estimated total weight of 40 batteries that have been sold in the state in the previ ous thr ee calendar years prior to the 41 implementation of the prog ram; 42 (5) Identify pro posed battery collection service prov iders, including sorters, 43 transporters, or pr ocessors, to be used by the pr ogram for the final disposition of 44 batteries; 45 (6) Establish a goal for the number and geographic distribution of sites for the 46 collection of batteries; 47 (7) Describe how the progra m will compensate service prov iders for activities 48 conducted under the pr ogram including, but not limited to, collection, transportation, 49 and final disposition of batteries; 50 (8) Describe the public outreach methods used to incr ease the public awaren ess 51 of the pro gram; and 52 (9) List any other information the department deems r elevant. 53 4. The department shall enforce the r epresent ative organization's compliance 54 with the plan under subsection 3 of this section and may , by regu lation or by using HB 261 1 2 55 existing regu lations pr omulgated under sections 260.230, 260.240, and 260.249, establish 56 enfor cement pro cedur es and penalties. 57 5. After the prog ram is implemented, a person or an entity shall not 58 manufactur e, distribute, sell, or make available for sale batteries in the state unless 59 the person or entity participates in a battery recycli ng pr ogram. A person or an entity 60 shall not charge a point-of-sale fee to consumers to cover the costs of the battery 61 r ecycling pr ogram. 62 6. After the pr ogram is implemented, all batteries shall be disposed of only into 63 r eceptacles at collection sites appr oved by the prog ram. A battery shall not be disposed 64 of into any household waste or household recycling r eceptacle or container . 65 7. A person or an entity engaged in the manufactur e, distribution, or sale of 66 batteries shall be deemed to be in compliance with this section if on the date a battery is 67 offer ed for sale, the person or entity is listed on the department's website as being 68 included in the pro gram. 69 8. Any person may rep ort violations of this section to the department. If the 70 department finds that the person or entity engaged in the manufactur e, distribution, or 71 sale of batteries violated pro visions of this section, the department shall ask the attorney 72 general to commence a civil action in a court of competent jurisdiction. If the court 73 finds that the person or entity violated pr ovisions of this section, the court may grant 74 injunctive rel ief, damages, attorney's fees, and any other reli ef the court finds 75 appr opriate. 76 9. By June 1, 2028, and by June first of each following year , a repr esentative 77 organization shall submit an annual r eport to the department covering the pr eceding 78 calendar year of the battery recycli ng prog ram. The rep ort shall contain the following: 79 (1) An independent financial assessment of the prog ram by a third-party 80 assessor , including a break down of the progra m's expenses including, but not limited to, 81 collection expenses, recycling expenses, and public outreac h expenses; 82 (2) The annual weight of batteries collected under the progr am; 83 (3) The collection rate achieved under the prog ram, including a description of 84 how the collection rate was calculated; 85 (4) A list of all facilities used in the collection, transportation, process ing, or 86 disposition of batteries; 87 (5) The estimated aggr egate sales of batteries sold in the state; and 88 (6) Any other information the department deems releva nt. 89 10. The rep ort under subsection 9 of this section shall be posted on the 90 department's website and on the websites of the repr esentative organizations. HB 261 1 3 91 1 1. The department shall promul gate rules to implement the pr ovisions of this 92 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is 93 cr eated under the authority delegated in this section shall become effective only if it 94 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable, 95 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 96 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the 97 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional, 98 then the grant of rulemaking authority and any rule pro posed or adopted after August 99 28, 2026, shall be invalid and void. ✔ HB 261 1 4