HB 2611

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2611
                           103RD GENERAL ASSEMBLY
                             INTRODUCED BY REPRESENTATIVE VEIT.
 6327H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To 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".
32. As used in this section, the following terms shall mean:
4(1) "Battery", a medium-format rechargeable battery with a rating between
5 three hundred to two thousand watt-hours, a lithium-ion rechargeable 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 electronic devices. A "Battery" does not mean:
8(a) A battery contained within a medical device;
9(b) A battery that contains an electrolyte 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 removed from any product
14 that is manufactured, distributed, or sold in the state;
15(2) "Battery recycling program" or "program", a battery recycling program
16 sponsored by the department where the department provides or contracts for the
17 transport, processing, or recycling of batteries;
 EXPLANATION — 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.
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18(3) "Collection site", any location, event, or other department-approved
19 collection service at which batteries are accepted into the battery recycling program;
20(4) "Department", the department of natural resources;
21(5) "Director", the director of the department of natural resources or the
22 director's designee;
23(6) "Representative organization", a nonprofit organization established to
24 implement the battery recycling program.
253. Any person or entity engaged in the manufacture, distribution, or sale of
26 batteries in the state shall establish or join a representative organization. The
27 representative organization shall develop and submit to the director for the director's
28 approval a plan for the establishment of a battery recycling program no less than every
29 five years. The plan shall:
30(1) List contact information of each person or entity engaged in the
31 manufacture, distribution, or sale of batteries and battery brands covered by the
32 program;
33(2) Describe the education and communication strategies used to promote
34 participation in the battery recycling program;
35(3) Describe the methods of funding the battery recycling program in a manner
36 that equitably distributes the program's costs between the members of the
37 representative organization;
38(4) Establish battery collection rate goals for every year for the first three years
39 after the implementation of the program that are based on the estimated total weight of
40 batteries that have been sold in the state in the previous three calendar years prior to the
41 implementation of the program;
42(5) Identify proposed battery collection service providers, including sorters,
43 transporters, or processors, to be used by the program 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 program will compensate service providers for activities
48 conducted under the program including, but not limited to, collection, transportation,
49 and final disposition of batteries;
50(8) Describe the public outreach methods used to increase the public awareness
51 of the program; and
52(9) List any other information the department deems relevant.
534. The department shall enforce the representative organization's compliance
54 with the plan under subsection 3 of this section and may, by regulation or by using
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55 existing regulations promulgated under sections 260.230, 260.240, and 260.249, establish
56 enforcement procedures and penalties.
575. After the program is implemented, a person or an entity shall not
58 manufacture, distribute, sell, or make available for sale batteries in the state unless
59 the person or entity participates in a battery recycling program. A person or an entity
60 shall not charge a point-of-sale fee to consumers to cover the costs of the battery
61 recycling program.
626. After the program is implemented, all batteries shall be disposed of only into
63 receptacles at collection sites approved by the program. A battery shall not be disposed
64 of into any household waste or household recycling receptacle or container.
657. A person or an entity engaged in the manufacture, distribution, or sale of
66 batteries shall be deemed to be in compliance with this section if on the date a battery is
67 offered for sale, the person or entity is listed on the department's website as being
68 included in the program.
698. Any person may report violations of this section to the department. If the
70 department finds that the person or entity engaged in the manufacture, distribution, or
71 sale of batteries violated provisions 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 provisions of this section, the court may grant
74 injunctive relief, damages, attorney's fees, and any other relief the court finds
75 appropriate.
769. By June 1, 2028, and by June first of each following year, a representative
77 organization shall submit an annual report to the department covering the preceding
78 calendar year of the battery recycling program. The report shall contain the following:
79(1) An independent financial assessment of the program by a third-party
80 assessor, including a breakdown of the program's expenses including, but not limited to,
81 collection expenses, recycling expenses, and public outreach expenses;
82(2) The annual weight of batteries collected under the program;
83(3) The collection rate achieved under the program, including a description of
84 how the collection rate was calculated;
85(4) A list of all facilities used in the collection, transportation, processing, or
86 disposition of batteries;
87(5) The estimated aggregate sales of batteries sold in the state; and
88(6) Any other information the department deems relevant.
8910. The report under subsection 9 of this section shall be posted on the
90 department's website and on the websites of the representative organizations.
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9111. The department shall promulgate rules to implement the provisions of this
92 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
93 created under the authority delegated in this section shall become effective only if it
94 complies with and is subject to all of the provisions 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 review, to delay the
97 effective date, or to disapprove and annul a rule are subsequently held unconstitutional,
98 then the grant of rulemaking authority and any rule proposed or adopted after August
99 28, 2026, shall be invalid and void.
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