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". 3 2. 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. HB 2611 2
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. 25 3. 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. 53 4. 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 HB 2611 3
55 existing regulations promulgated under sections 260.230, 260.240, and 260.249, establish 56 enforcement procedures and penalties. 57 5. 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. 62 6. 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. 65 7. 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. 69 8. 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. 76 9. 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. 89 10. 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. HB 2611 4
91 11. 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. ✔
Statutes affected: