HB 4144

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4144
Sponsored by Representative LEVY E, Senator NERON MISSLIN, Representatives PHAM H,
   RIEKE SMITH, Senator SOLLMAN; Representatives ANDERSEN, CHOTZEN, FRAGALA,
   GAMBA, GOMBERG, HELM, ISADORE, LEVY B, LIVELY, MARSH, MCDONALD,
   NATHANSON, NELSON, WALTERS, Senators BROADMAN, FREDERICK, PATTERSON,
   PHAM K, PROZANSKI, REYNOLDS (Presession filed.)
  CHAPTER .................................................
  AN ACT
Relating to batteries; creating new provisions; and amending ORS 459.995.
Be It Enacted by the People of the State of Oregon:
  BATTERY PRODUCER RESPONSIBILITY ORGANIZATIONS
    SECTION 1. Sections added to chapter. Sections 2 to 17 of this 2026 Act are added to and
made a part of ORS chapter 459A.
    SECTION 2. Definitions. As used in sections 2 to 17 of this 2026 Act:
    (1)(a) “Battery-containing product” means a product that contains or is packaged with
a covered battery.
    (b) “Battery-containing product” does not include a covered electronic device as defined
in ORS 459A.305.
    (2) “Battery producer responsibility organization” means a nonprofit organization desig-
nated by a group of five or more covered producers to act as an agent of the covered pro-
ducers to develop and implement a battery producer responsibility program on behalf of the
covered producers.
    (3) “Battery producer responsibility program” means a statewide program for the re-
sponsible management of covered batteries that is implemented by a battery producer re-
sponsibility organization pursuant to a plan approved by the Department of Environmental
Quality under section 5 of this 2026 Act.
    (4) “Brand” means any mark, word, name, symbol, design, device or graphical element,
or a combination thereof, including a registered or unregistered trademark, that identifies
a product and distinguishes the product from other products.
    (5)(a) “Covered battery” means a portable battery or a medium format battery.
    (b) “Covered battery” does not include:
    (A)(i) A battery contained within a medical device that is not designed and marketed for
sale or resale principally to consumers for personal use;
    (ii) A battery contained within a device, as defined in the Federal Food, Drug, and Cos-
metic Act, 21 U.S.C. 301 et seq., as in effect on the effective date of this 2026 Act; or
Enrolled House Bill 4144 (HB 4144-A)  Page 1
     (iii) A battery that is contained within a medical device and that satisfies criteria estab-
lished by the Environmental Quality Commission by rule to maintain consistency with fed-
eral laws concerning medical devices.
     (B) A battery that contains an electrolyte as a free liquid.
     (C) A lead-acid battery weighing greater than 11 pounds.
     (D) A battery contained within a product, if the battery is not intended or designed to
be easily removable from the product.
     (E) A battery designed to power a motor vehicle or a part of a motor vehicle, including
a part of a motor vehicle assembled by, or for, a motor vehicle manufacturer or motor ve-
hicle dealer or a replacement part for use in a motor vehicle.
     (F) Battery energy storage systems as defined in ORS 469.300.
     (G) A battery that is being recalled for safety reasons.
     (6) “Covered entity” means:
     (a) A resident of this state;
     (b) A business entity located in this state;
     (c) A public or private institution of learning in this state;
     (d) A local government, as defined in ORS 174.116; or
     (e) A nonprofit organization located in this state.
     (7)(a) “Covered producer” means any person:
     (A) That manufactures covered products under a brand that the manufacturer owns or
is licensed to use;
     (B) That sells, irrespective of the selling technique used, covered products manufactured
by others under a brand that the seller owns;
     (C) That manufactures covered products without affixing a brand;
     (D) That manufactures covered products to which it affixes a brand that it does not own;
or
     (E) On whose account covered products manufactured outside the United States are im-
ported into the United States.
     (b) “Covered producer” does not include a person described as the covered producer of
a battery-containing product under paragraph (a) of this subsection if:
     (A) The covered batteries packaged with or contained within the battery-containing
product are easily removable and supplied by a covered producer that has joined a battery
producer responsibility organization as the producer for that covered battery under sections
2 to 17 of this 2026 Act; and
     (B) The person provides a written statement to the department that:
     (i) Identifies the person that produces the battery-containing product and the covered
producer of the covered batteries packaged with or contained within the battery-containing
product;
     (ii) States that the covered producer is participating in the battery producer responsi-
bility organization on behalf of the person that produces the battery-containing product;
     (iii) States that the person that produces the battery-containing product and the covered
producer will notify the department if the covered producer ceases to participate in the
battery producer responsibility organization on behalf of the producer of the battery-
containing product; and
     (iv) Is signed by an authorized representative of the covered producer and the person
that produces the battery-containing product.
     (8) “Covered product” means a covered battery or a battery-containing product.
     (9) “Damaged or defective battery” means a battery that has been damaged or identified
by the manufacturer as being defective for safety reasons and must be transported and
packaged as required by rules adopted by the federal Pipeline and Hazardous Materials Safety
Administration.
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    (10) “Easily removable” means designed by a manufacturer to be removable without the
use of tools or removable with the use of only common household tools.
    (11) “Medium format battery” means:
    (a) A rechargeable battery that:
    (A)(i) Weighs more than 11 pounds; or
    (ii) Has a rating of more than 300 watt-hours; and
    (B)(i) Weighs no more than 25 pounds; and
    (ii) Has a rating of no more than 2,000 watt-hours.
    (b) A primary battery that weighs more than 4.4 pounds but less than or equal to 25
pounds.
    (12) “Nonprofit organization” means an organization or group of organizations described
in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under
section 501(a) of the Internal Revenue Code.
    (13) “Portable battery” means:
    (a) A rechargeable battery that weighs 11 pounds or less and has a rating of 300 watt-
hours or less; or
    (b) A primary battery that weighs 4.4 pounds or less.
    (14) “Primary battery” means a battery that is not capable of being recharged.
    (15) “Processor” means a facility that processes covered batteries after collection and
prepares covered batteries for recycling or management through the final destination of the
collected covered battery material.
    (16) “Rechargeable battery” means a battery that contains one or more voltaic or
galvanic cells, electrically connected to produce electric energy, and that is designed to be
recharged.
    (17) “Responsible end market” means a materials market in which the recycling or re-
covery of materials or the disposal of contaminants is conducted in a way that benefits the
environment and minimizes risks to public health and worker health and safety.
    (18) “Responsible management” means the handling, tracking, processing, disposition and
other management of covered batteries and materials from covered batteries, from the point
of collection through the final destination of the collected material, in a way that complies
with section 8 of this 2026 Act and all other applicable laws, and ensures continuous im-
provement in environmental outcomes, reduction of environmental impacts and protection
of health, safety and data privacy in the management of covered batteries for final disposi-
tion.
    SECTION 3. Requirement to participate in a battery producer responsibility organization.
(1) A covered producer may not sell, offer for sale or distribute in or into this state a covered
product unless the covered producer satisfies the requirements of sections 2 to 17 of this
2026 Act by participating in a battery producer responsibility organization that successfully
implements a battery producer responsibility program.
    (2) The failure of a battery producer responsibility organization to satisfy any of the re-
sponsibilities delegated to it by a covered producer for developing and implementing a battery
producer responsibility program does not relieve the covered producer of the covered
producer’s responsibility to satisfy the requirements of sections 2 to 17 of this 2026 Act.
    SECTION 4. Plans for battery producer responsibility programs. (1) In the form and
manner prescribed by the Department of Environmental Quality, a battery producer re-
sponsibility organization shall submit to the department a plan for implementing a battery
producer responsibility program as provided in this section.
    (2) A battery producer responsibility program plan must describe how the battery pro-
ducer responsibility organization will implement a battery producer responsibility program
that satisfies the requirements of sections 2 to 17 of this 2026 Act. The plan must include:
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     (a) A list of all covered producers participating in the battery producer responsibility
organization and a list of each brand of covered product sold, offered for sale or distributed
in or into this state by each participating covered producer.
     (b) A description of how the battery producer responsibility organization will:
     (A) Provide for the responsible management of covered batteries consistent with section
8 of this 2026 Act and the policies set forth in ORS 459.015 (2).
     (B) Provide for convenient and equitable service as required by section 7 of this 2026 Act,
including a list of all service providers involved in the management of collected batteries,
including all collection sites, transporters and processors the battery producer responsibility
organization will contract with or use to provide services required by sections 2 to 17 of this
2026 Act.
     (C) Provide for education and public awareness as required by section 9 of this 2026 Act,
including a description of the biennial survey to measure public awareness required by sec-
tion 9 of this 2026 Act.
     (D) Establish a schedule of membership fees sufficient to meet the financial obligations
of the battery producer responsibility organization as described in section 11 of this 2026 Act.
     (E) Ensure continuous improvement of the battery producer responsibility program by
establishing and working to achieve measurable performance goals for the program. Per-
formance goals must include the date by which the goal will be met. Beginning with the
fourth program year and thereafter, performance goals must include annual goals for:
     (i) Collection rates;
     (ii) Recycling efficiency; and
     (iii) Achieving, maintaining and improving high public awareness of the program, in-
cluding awareness in low-income, rural and other historically underserved communities.
     (F) Coordinate with other battery producer responsibility organizations, if applicable.
     (c) A program budget that describes how the battery producer responsibility organization
will finance the battery producer responsibility program, with all costs to carry out a pro-
gram that satisfies the requirements of sections 2 to 17 of this 2026 Act apportioned among
each covered producer participating in the battery producer responsibility organization, as
required by section 11 of this 2026 Act.
     SECTION 5. Approval of battery producer responsibility program plans. (1) The Depart-
ment of Environmental Quality shall approve a battery producer responsibility program plan
submitted to the department under section 4 of this 2026 Act if the department determines
that the plan meets the requirements of section 4 of this 2026 Act and that the battery
producer responsibility organization will successfully implement the program in accordance
with the plan.
     (2) Not later than 90 days after receiving a plan under section 4 of this 2026 Act, the
department shall either approve, approve with conditions or reject the plan. If the depart-
ment rejects the plan, the department shall provide the reason or reasons for the rejection
to the battery producer responsibility organization in writing. A battery producer responsi-
bility organization shall submit a revised plan to the department no later than 60 days after
the date of the rejection.
     (3) No later than 60 days after receiving a revised plan under subsection (2) of this sec-
tion, the department shall either approve, approve with conditions or reject the revised plan.
If the department rejects the revised plan, the department shall provide the reason or rea-
sons for the rejection to the battery producer responsibility organization in writing. A bat-
tery producer responsibility organization shall submit a second revised plan to the
department no later than 45 days after the date of the rejection.
     (4)(a) No later than 45 days after receiving a second revised plan under subsection (3) of
this section, the department shall either approve the second revised plan or make such
modifications to the plan as necessary for approval.
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    (b) Notwithstanding paragraph (a) of this subsection, if, after receiving a second revised
plan, the department determines that the battery producer responsibility organization will
be unable to successfully implement a battery producer responsibility program in accordance
with a proposed or modified plan, the department shall specify the date on which the battery
producer responsibility organization must cease to operate a battery producer responsibility
program in this state and the date on which all covered producers participating in the bat-
tery producer responsibility program must participate in another battery producer respon-
sibility program. The department may consider the past performance of a battery producer
responsibility organization when making a determination under this paragraph.
    (5)(a) A plan approved by the department under this section is valid for three program
years. No less than 180 days before a plan approved under this section expires, a battery
producer responsibility organization shall submit an updated plan to be approved as provided
in this section for an additional three program years. An updated plan must satisfy the re-
quirements of section 4 of this 2026 Act and describe any substantive changes from the pre-
viously approved plan.
    (b) The department’s rejection of a plan does not relieve a battery producer responsibility
organization from continuing to implement a battery producer responsibility program in
compliance with a previously approved plan pending a final action by the department on the
updated plan.
    (6) Subject to section 16 of this 2026 Act, the department may make available to the
public battery producer responsibility program plans, and any revisions thereto.
    (7) Beginning no later than 90 days after a plan is approved under this section, a battery
producer responsibility organization shall implement a battery producer responsibility pro-
gram as described in the approved plan.
    SECTION 6. Changes to battery producer responsibility programs. (1) In a form and
manner prescribed by the Department of Environmental Quality, a battery producer re-
sponsibility organization shall request preapproval from the department for any change to a
battery producer responsibility program plan that substantively alters the program. Except
as provided in subsection (3) of this section, a battery producer responsibility organization
shall make a request under this subsection not later than 60 days before the change is to
occur. For purposes of this subsection, changes that substantively alter a battery producer
responsibility program include, but are not limited to:
    (a) Changes involving the methods used to collect covered batteries;
    (b) Changes involving methods used to dispose of covered batteries;
    (c) Changes to the policies and procedures for handling and disposing of covered bat-
teries;
    (d) Changes involving methods used to foster public awareness of the battery producer
responsibility program; and
    (e) Changes to the location of a collection site.
    (2) The department shall approve or reject a request submitted pursuant to subsection
(1) of this section within 60 days of receiving the request. If the department does not approve
or reject the request, and provide written notice to the battery producer responsibility or-
ganization of the department’s decision within 60 days of the date on which the department
received the request, the proposed change shall be considered approved.
    (3) If a battery producer responsibility organization intends to make a proposed change
to a battery producer responsibility program but, for good cause as determined by the de-
partment, is unable to make a request 60 days before the proposed change is to occur as
required under subsection (1) of this section, the battery producer responsibility organization
shall notify the department of the proposed change as far in advance of the proposed change
as practicable. Upon receipt of notice described in this subsection, the department shall
consult with the battery producer responsibility organization regarding the proposed change.
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Not later than seven business days after receiving the notice, the department may tempo-
rarily approve the proposed change.
    (4) The department may require a battery producer responsibility organization to modify
a battery producer responsibility program plan and submit to the department changes for
approval as described in subsections (1) to (3) of this section if the department determines
that the battery producer responsibility organization is not meeting program goals described
in an approved battery producer responsibility program plan.
    (5) In a form and manner prescribed by the department, a battery producer responsibility
organization shall notify the department within 90 days after any change to:
    (a) The contact information for the battery producer responsibility organization;
    (b) Which covered producers are participating in the battery producer responsibility or-
ganization; or
    (c) The contact information for a covered producer participating in the battery producer
responsibility organization.
    SECTION 7. Convenient and equitable service. (1) A battery producer responsibility or-
ganization shall provide convenient and equitable service throughout this state as provided
in this section, including to rural areas and low-income and other historically underserved
communities.
    (2) For portable batteries, convenient and equitable service must include a network of
collection sites distributed to ensure that 95 percent of the residents of this state are within
15 miles of a collection site, and must also include:
    (a) At least one collection site in each county;
    (b) At least one collection site in each city with a population of at least 4,000 but less
than 10,000;
    (c) In each city with a population of at least 10,000 but less than 200,000, at least one
collection site, plus one additional collection site for every additional 20,000 residents of the
city over 10,000; and
    (d) In each city with a population of 200,000 or greater, at least 10 collection sites, plus
one additional collection site for every additional 50,000 residents of the city over 200,000.
    (3)(a) A collection site for a county may be the same as a collection site for a city in the
county.
    (b) For purposes of calculating the population of a city within a metropolitan service
district established under ORS chapter 268, the population of any adjacent unincorporated
area of a county that is within the metropolitan service district shall be included in the
population of the city.
    (c) Collection sites shall be staffed and open to the public at a frequency adequate to
meet the needs of the area being served.
    (d) A battery producer responsibility organization may provide collection service jointly
with another battery producer responsibility organization.
    (4) The department may waive the requirements of subsections (2) and (3) of this section
with respect to a county or city if a proposed battery producer responsibility program plan
demonstrates to the department’s satisfaction that alternative collection methods would
provide substantially equivalent collection convenience.
    (5) A collection site described in this section shall:
    (a) Accept each brand and type of covered battery, other than medium format batteries,
at no cost to covered entities;
    (b) Use appropriate containers provided by the battery producer responsibility organiza-
tion for the collection of covered batteries;
    (c) Be staffed by adequately trained employees;
    (d) Display signs or other visual aids provided by the battery producer responsibility or-
ganization to inform covered entities and staff on how to properly and safely collect and
handle discarded covered batteries; and
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    (e) Provide covered entities with educational materials provided by a battery producer
responsibility organization for the purpose of promoting safe and secure handling of covered
batteries.
    (6) A battery producer responsibility organization shall:
    (a) Except as provided in subsection (7) of this section, provide to collection sites fair
financial compensation calculated to cover the costs of collecting, storing, managing and
transporting covered batteries; and
    (b) Enter into agreements with all willing transfer stations, landfills, household hazard-
ous waste facilities and material recovery facilities, provided that each transfer station,
landfill or facility is covered under a solid waste disposal permit issued by the Department
of Environmental Quality, to operate as collection sites. Covered batteries collected pursu-
ant to an agreement described in this paragraph must be collected in accordance with all
applicable laws, the approved battery producer responsibility program plan and battery safety
training provided to collection workers.
    (7) A battery producer responsibility organization is not required to provide financial
compensation to collection sites operated by a retail establishment or for collection by
third-party subscription services.
    (8)(a) A battery producer responsibility organization shall provide for collection of me-
dium format and damaged or defective batteries by providing at no charge to covered enti-
ties, in each county of this state:
    (A) Collection by trained individuals at one or more household hazardous waste collection
sites; or
    (B) Collection by trained individuals at one or more collection events held in the county
each year.
    (b) A battery producer responsibility organization is responsible for all costs associated
with the collection of medium format and damaged or defective batteries, including the costs
of providing containers at collection sites.
    (9) A battery producer responsibility organization shall accept for processing and further
management, at no cost to the collection service providers, covered batteries collected
through on-route battery collection service administered by a local government.
    SECTION 8. Responsible management. (1) A battery producer responsibility organization
shall, in compliance with all applicable laws, ensure that the organization’s battery producer
responsibility program uses responsible management in collecting, transporting, processing,
recycling or otherwise managing covered batteries and materials from covered batteries.
Responsible management includes:
    (a) Adequate record keeping;
    (b) Tracking the fate of covered batteries;
    (c) Conducting performance audits and inspections;
    (d) Complying with worker health and safety requirements;
    (e) Ensuring that materials from covered batteries are delivered to responsible end
markets;
    (f) Maintaining liability insurance and other financial assurances; and
    (g) Carrying out other practices related to the duties of a battery producer responsibility
organization, as may be adopted by rule by the Environmental Quality Commission.
    (2) A battery producer responsibility organization shall ensure that all collection sites
and processors that manage covered batteries or materials from covered batteries collected
through the battery producer responsibility program use responsible management with re-
spect to covered batteries and materials from covered batteries.
    SECTION 9. Public education and awareness. (1) A battery producer responsibility or-
ganization shall develop educational resources and conduct public awareness activities across
multiple types of media to advertise and promote, on a regular basis, recycling of covered
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batteries and collection opportunities statewide. In addition, a battery producer responsibility
organization shall:
    (a) Establish a toll-free telephone number and a website address that a covered entity
may use to contact the battery producer responsibility organization to provide feedback
about the battery producer responsibility program and to obtain information about the pro-
gram, including:
    (A) The location of collection sites;
    (B) The time and location of collection events; and
    (C) Other collection services.
    (b) Develop educational materials, including educational web-based content, press re-
leases, advertisements and promotional materials. Educational materials must:
    (A) Be made available to sites that sell covered products, collection sites and sites that
accept damaged or defective batteries; and
    (B) Include materials that address the needs of rural, low-income and other historically
underserved communities.
    (c) Conduct a biennial survey to measure public awareness, using questions and methods
that have been outlined in the battery producer responsibility program plan.
    (2) A battery producer responsibility organization shall coordinate with other battery
producer responsibility organizations under this section to ensure that program users can
easily identify, understand and access the services provided by all battery producer respon-
sibility programs that are operational in this state. At a minimum, all of the battery pro-
ducer responsibility programs that are operational in this state must provide a single website
address that a covered entity may use to contact battery producer responsibility organiza-
tions and to acquire information about battery producer responsibility programs.
    SECTION 10. Annual report. (1) A battery producer responsibility organization shall
submit to the Department of Environmental Quality, in a form and manner prescribed by the
department, an annual report on the development, implementation and operation of the
battery producer responsibility program that contains information required by the depart-
ment to evaluate whether the program complied with the requirements of sections 2 to 17
of this 2026 Act. The annual report must include:
    (a) A list of covered producers participating in the battery producer responsibility pro-
gram, the brands associated with each covered producer and the date the covered producer
began participating in the organization.
    (b) The amount, by weight, chemistry and method of collection, of covered batteries
collected under the program.
    (c) The amount, by weight and chemistry, of covered batteries collected at each col-
lection site.
    (d) An assessment of whether the battery producer responsibility organization imple-
mented the program in accordance with the plan approved under section 5 of this 2026 Act.
    (e) A description of whether the program provided responsible management of covered
batteries from collection to final disposition and an affirmation that all covered batteries
were responsibly managed and delivered to responsible end markets.
    (f) A list of collection sites, processors, transporters or other service providers involved
in battery management and used by the program during the preceding program year, and the
responsible end markets used by the program during the preceding program year.
    (g) A summary of public awareness and education activities performed by the battery
producer responsibility organization, alone or in coordination with one or more battery pro-
ducer responsibility organizations, sufficient to demonstrate to the department that the or-
ganization has satisfied the requirements of section 9 of this 2026 Act.
    (h) The results of the most recent biennial survey conducted under section 9 of this 2026
Act.
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     (i)(A) An analysis of whether the battery producer responsibility organization met per-
formance goals proposed by the battery producer responsibility program plan or adopted by
the Environmental Quality Commission; and
     (B) If the battery producer responsibility organization did not meet performance goals,
a description of actions the battery producer responsibility organization will take to meet
those goals.
     (j) A summary of annual expenditures, including amounts aggregated by categories
specified by the department, and a report by an independent certified public accountant, re-
tained by the battery producer responsibility organization at the battery producer responsi-
bility organization’s expense, on the accountant’s audit of the battery producer responsibility
organization’s financial statements.
     (k) An analysis of program costs and expenditures incurred in this state, including an
analysis of the program’s expenses, such as collection, transportation, recycling, education
and administrative overhead.
     (2) The department shall review and approve a report submitted under this section within
90 days of receiving the report, provided that the department determines that the report
satisfies the requirements of this section. If the department does not approve the report, the
department shall provide the battery producer responsibility organization with written notice
of the reasons for the rejection. A battery producer responsibility organization shall submit
a revised report as required by the department.
     (3) Subject to section 16 of this 2026 Act, the department may make reports submitted
under this section available to the public.
     (4) Upon the request of the department, a battery producer responsibility organization
shall provide to the department:
     (a) A description of each type of material sent to each processor;
     (b) The method of processing used by each processor; and
     (c) The responsible end market for each material managed under the program.
     SECTION 11. Membership fees. (1)(a) A battery producer responsibility organization shall
establish a schedule of membership fees to be paid by covered producers participating in the
organization. Membership fees established pursuant to this section must be sufficient to
meet the financial obligations of the organization under sections 2 to 17 of this 2026 Act.
     (b) A battery producer responsibility organization and any service provider that con-
tracts with a battery producer responsibility organization may not charge a fee to a covered
entity for any services necessary to satisfy the battery producer responsibility organization’s
obligations under sections 2 to 17 of this 2026 Act. A covered producer may not charge a fee
to a consumer at the point of sale to cover the cost of meeting the covered producer’s obli-
gations under sections 2 to 17 of this 2026 Act.
     (2) The schedule of membership fees may incentivize covered producers to continually
reduce the environmental and human health impacts of covered products. A fee schedule
that satisfies the requirements of this section may include a fee structure that:
     (a) Encourages designs intended to facilitate reuse and recycling of covered batteries;
     (b) Encourages the use of recycled content in covered batteries;
     (c) Discourages the use of materials that increase system costs of managing covered
batteries; or
     (d) Encourages other design attributes that reduce the environmental impacts of covered
batteries.
     SECTION 12. Enforcement. (1) The Department of Environmental Quality shall have the
power to enter upon and inspect, at any reasonable time, any public or private property,
premises or place for the purpose of investigating either an actual or suspected violation of
sections 2 to 17 of this 2026 Act or rules adopted under sections 2 to 17 of this 2026 Act.
     (2) A battery producer responsibility organization shall retain all records related to the
implementation and administration of a battery producer responsibility program for not less
Enrolled House Bill 4144 (HB 4144-A)  Page 9
than three years from the time the record was created and make the records available for
inspection by the department upon request.
     (3) In accordance with the applicable provisions of ORS chapter 183 relating to contested
case proceedings, the department may issue an order requiring compliance with the pro-
visions of sections 2 to 17 of this 2026 Act.
     (4) In accordance with the applicable provisions of ORS chapter 183 relating to contested
case proceedings, and in accordance with ORS 468.130 and rules adopted pursuant to ORS
468.130, the department may issue civil penalties for violations of the provisions of sections
2 to 17 of this 2026 Act and rules adopted under sections 2 to 17 of this 2026 Act. All penalties
recovered for violations of sections 2 to 17 of this 2026 Act and rules adopted under sections
2 to 17 of this 2026 Act shall be paid into the State Treasury and credited to the Battery
Producer Responsibility Fund established under section 14 of this 2026 Act.
     (5) The department may issue an order under subsection (3) of this section to suspend
or revoke a battery producer responsibility program plan if the department determines that:
     (a) A violation or repeated violations of sections 2 to 17 of this 2026 Act present a risk
to the environment or public health; or
     (b) A violation has had a material impact on the implementation and administration of
the battery producer responsibility program plan.
     SECTION 13. Fees. (1) The Environmental Quality Commission shall establish by rule the
following fees for the purpose of paying the costs of administering, implementing and en-
forcing sections 2 to 17 of this 2026 Act:
     (a) A plan review fee for reviewing a battery producer responsibility program plan sub-
mitted under section 4 of this 2026 Act.
     (b) An annual fee for expenses associated with the ongoing costs of administering
sections 2 to 17 this 2026 Act.
     (2) Each battery producer responsibility organization that operates a battery producer
responsibility program in this state is responsible for paying the fees established by this
section. If more than one battery producer responsibility organization operates a battery
producer responsibility program in this state, the fee established under subsection (1)(b) of
this section shall be paid in equal parts by each battery producer responsibility organization
operating in this state.
     (3) Fees established under subsection (1) of this section must be reasonably calculated
and adequate to cover the costs of administering, implementing and enforcing sections 2 to
17 of this 2026 Act.
     (4) The Department of Environmental Quality shall deposit fee moneys collected pursuant
to this section into the Battery Producer Responsibility Fund established under section 14
of this 2026 Act.
     (5) The department may not charge a plan review or annual fee that exceeds the fees
established by the Environmental Quality Commission under this section.
     SECTION 14. Battery Producer Responsibility Fund. (1) The Battery Producer Responsi-
bility Fund is established in the State Treasury, separate and distinct from the General
Fund. Interest earned by the Battery Producer Responsibility Fund shall be credited to the
fund.
     (2) The Battery Producer Responsibility Fund shall consist of:
     (a) Amounts deposited in the fund by the Department of Environmental Quality under
section 13 of this 2026 Act;
     (b) Amounts credited to the fund under section 12 of this 2026 Act;
     (c) Amounts appropriated or otherwise transferred to the fund by the Legislative As-
sembly; and
     (d) Other amounts deposited in the fund from any other source.
Enrolled House Bill 4144 (HB 4144-A)  Page 10
     (3) Moneys in the Battery Producer Responsibility Fund are continuously appropriated
to the Department of Environmental Quality for the purpose of carrying out sections 2 to
17 of this 2026 Act.
     SECTION 15. Antitrust immunity. The Legislative Assembly declares that the collab-
oration of covered producers through battery producer responsibility organizations to de-
velop and implement battery producer responsibility program plans is in the best interests
of the public. Therefore, the Legislative Assembly declares its intent that participating in a
battery producer responsibility organization to implement a battery producer responsibility
program plan as required by sections 2 to 17 of this 2026 Act shall be exempt from state
antitrust laws. The Legislative Assembly further declares its intent to provide immunity for
participating in a battery producer responsibility organization to implement a battery pro-
ducer responsibility program plan as required by sections 2 to 17 of this 2026 Act from federal
antitrust laws. This section does not authorize any person to engage in activities or to
conspire to engage in activities that constitute per se violations of state or federal antitrust
laws that are not authorized under sections 2 to 17 of this 2026 Act.
     SECTION 16. Confidentiality. A covered producer or battery producer responsibility or-
ganization that submits information or records to the Department of Environmental Quality
under sections 2 to 17 of this 2026 Act may request that the information or records be made
available only for the confidential use of the department. The department shall consider the
request and weigh the harm suffered by the person making the request against the public
interest in disclosure. Information or records for which the department grants a request
under this section are confidential and not subject to public disclosure under ORS 192.311 to
192.478, except that the department may disclose summarized information or aggregated data
if the information or data does not directly or indirectly identify the confidential information
of a specific covered producer or battery producer responsibility organization.
     SECTION 17. Rules. The Environmental Quality Commission may adopt any rules neces-
sary for the effective administration of sections 2 to 17 of this 2026 Act.
     SECTION 18. ORS 459.995 is amended to read:
     459.995. (1) Except as provided in subsection (2) of this section, in addition to any other penalty
provided by law:
     (a) Any person who violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.485, 459.705
to 459.790, 459A.005 to 459A.620, 459A.310 to 459A.335, 459A.860 to 459A.975 or 646A.080, or any
rule or order of the Environmental Quality Commission pertaining to the disposal, collection, stor-
age or reuse or recycling of solid wastes, as defined by ORS 459.005, or any rule or order pertaining
to the disposal, storage or transportation of waste tires, as defined by ORS 459.705, or any rule or
order pertaining to the sale of novelty items that contain encapsulated liquid mercury or any rule
or order pertaining to compact fluorescent lamps or linear fluorescent lamps, as defined by ORS
459.485, incurs a civil penalty not to exceed $25,000 per day for each day of the violation.
     (b) Any person who violates the provisions of ORS 459.420 to 459.426 incurs a civil penalty not
to exceed $500 for each violation. Each battery that is disposed of improperly is a separate violation.
Each day an establishment fails to post the notice required under ORS 459.426 is a separate vio-
lation.
     (c) For each day a city, county or metropolitan service district fails to provide the opportunity
to recycle as required under ORS 459A.005, the city, county or metropolitan service district incurs
a civil penalty not to exceed $500 for each violation.
     (d) Any person who violates the provisions of ORS 459.247 (1)(f) incurs a civil penalty not to
exceed $500 for each violation. Each covered electronic device that is disposed of improperly is a
separate violation.
     (e) Any retailer that violates the provisions of ORS 459A.156 or 459A.825 (1) or (2)(b) incurs a
civil penalty not to exceed $100 per day for each day of the violation.
     (f) Any producer or renovator that violates the provisions of ORS 459A.156 or 459A.825 (1) in-
curs a civil penalty not to exceed $1,000 per day for each day of the violation.
Enrolled House Bill 4144 (HB 4144-A)  Page 11
    (g) Any stewardship organization that violates the provisions of ORS 459A.150 to 459A.189,
459A.825 (2)(a), 459A.827, 459A.830 to 459A.837 or 459A.842 incurs a civil penalty not to exceed
$1,000 per day for each day of the violation.
    (h) Any food vendor that violates ORS 459.468 incurs a civil penalty not to exceed $100 for each
day of the violation.
    (i) Any person that violates ORS 459.471 or 459.474 incurs a civil penalty not to exceed $500
per day for each day of the violation.
    (j)(A) Except as provided in subparagraph (B) of this paragraph, a covered producer or
battery producer responsibility organization that violates sections 2 to 17 of this 2026 Act
incurs a civil penalty not to exceed $1,000 per day for each day of the violation.
    (B) A covered producer that fails to satisfy the requirement to join a battery producer
responsibility organization under section 3 of this 2026 Act incurs a civil penalty not to ex-
ceed $10,000 for each day that covered products that the covered producer is responsible for
are sold in this state.
    (k) Any person that violates section 20 of this 2026 Act incurs a civil penalty not to ex-
ceed $500 for each violation. Each removable lithium-ion battery that is disposed of improp-
erly is a separate violation.
    (2) Any product manufacturer or package manufacturer who violates ORS 459A.650 to 459A.665
or any rule adopted under ORS 459A.650 to 459A.665 incurs a civil penalty not to exceed $1,000 per
day for each day of the violation. A violation of ORS 459A.650 to 459A.665 is not subject to addi-
tional penalties under subsection (1) of this section.
    (3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the
manner provided by ORS 468.135.
    SECTION 19. Section 20 of this 2026 Act is added to and made a part of ORS 459.205 to
459.385.
    SECTION 20. (1) A person may not knowingly dispose of a covered battery in mixed mu-
nicipal solid waste.
    (2) The owner or operator of a disposal site is not in violation of this section if the dis-
posal site has posted in a conspicuous location a sign directing the public to a battery pro-
ducer responsibility program.
  TEMPORARY PROVISIONS
    SECTION 21. Required date for initial plan. (1) A battery producer responsibility organ-
ization shall first submit a battery producer responsibility program plan to the Department
of Environmental Quality for approval under section 4 of this 2026 Act no later than Sep-
tember 1, 2028.
    (2) A battery producer responsibility program plan described in this section must be op-
erational by July 1, 2029.
    SECTION 22. Report. (1) The Department of Environmental Quality shall review and
evaluate studies or assessments regarding whether products or batteries that are not cur-
rently covered by a state’s battery extended producer responsibility law should be covered
at a later date.
    (2) The department shall review and evaluate studies or assessments described in sub-
section (1) of this section carried out by Illinois, Vermont and Washington. The department
may review similar studies or assessments carried out by any other state or person.
    (3) No later than May 30, 2028, the department shall submit a report to the interim
committees of the Legislative Assembly related to the environment, in the manner provided
by ORS 192.245. The report must include the findings and recommendations of any study or
assessment reviewed by the department under this section. The report may include recom-
mendations for legislation based on the department’s evaluation of the studies or assess-
ments reviewed by the department.
Enrolled House Bill 4144 (HB 4144-A)  Page 12
    SECTION 23. Notwithstanding any other law limiting expenditures, the limitation on ex-
penditures established by section 2 (3), chapter 426, Oregon Laws 2025, for the biennium
ending June 30, 2027, as the maximum limit for payment of expenses from fees, moneys or
other revenues, including Miscellaneous Receipts, the proceeds of bonds for the Orphan Site
Account and federal funds from congestion mitigation and air quality grants, drinking water
protection, laboratory accreditation and woodstove grants and for smoke monitoring labo-
ratory services, but excluding lottery funds and federal funds not described in section 2,
chapter 426, Oregon Laws 2025, collected or received by the Department of Environmental
Quality, for land quality, is increased by $142,317, to carry out the provisions of this 2026 Act.
  UNIT AND SECTION CAPTIONS
    SECTION 24. Unit and section captions. The unit and section captions used in this 2026
Act are provided only for the convenience of the reader and do not become part of the
statutory law of this state or express any legislative intent in the enactment of this 2026 Act.
Passed by House February 27, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate March 5, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4144 (HB 4144-A)  Page 13