Substitute House Bill No. 5019, also known as Public Act No. 25-34, establishes a comprehensive Extended Producer Responsibility (EPR) framework for the management and recycling of consumer batteries, set to take effect on October 1, 2025. The bill introduces new legal language defining key terms such as "battery stewardship organization," "covered battery," and "producer," while mandating that producers implement a battery stewardship plan that includes collection and recycling efforts compliant with environmental regulations. Notably, the bill specifies that certain batteries, such as lead acid batteries and those within medical devices, are excluded from the definition of "covered battery." Producers must participate in an approved stewardship organization by January 1, 2027, and retailers are prohibited from selling covered batteries unless the producer is part of this organization.
The legislation further outlines the responsibilities of battery stewardship organizations, requiring them to submit a comprehensive plan to the Commissioner of Energy and Environmental Protection by July 1, 2026, detailing performance goals, collection site safety protocols, and financing methods. The bill emphasizes equitable cost distribution among producers and mandates accessible collection sites for covered batteries. Additionally, it introduces new labeling requirements for producers and retailers, including identification markings for covered batteries starting January 1, 2028, and recycling labels by January 1, 2030. The bill also provides immunity from liability for producers and retailers concerning antitrust law violations when acting under its provisions, except in cases of intentional misrepresentation or fraud. Overall, the legislation aims to enhance battery recycling efficiency, promote responsible disposal practices, and reduce environmental impacts associated with battery waste.