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SECOND REGULAR SESSION
SENATE BILL NO. 1210
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
3831S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 701, RSMo, by adding thereto one new section relating to battery recycling.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 701, RSMo, is amended by adding thereto 1
one new section, to be known as section 701.155, to read as 2
follows:3
701.155. 1. This section shall be known and may be 1
cited as the "Lithium Battery Recycling and Safety Act". 2
2. As used in this section, the following terms shall 3
mean: 4
(1) "Battery", a medium-format rechargeable battery 5
with a rating between three hundred to two thousand watt- 6
hours, a lithium-ion rechargeable battery that uses lithium 7
ions to store energy, or a portable battery that can be 8
carried by hand and is used to charge or operate electronic 9
devices. A battery does not mean: 10
(a) A battery contained within a medical device; 11
(b) A battery that contains an electrolyte as a free 12
liquid; 13
(c) A lead-acid battery of any size; 14
(d) A battery that is a component of a motor vehicle 15
or intended for use exclusively in a motor vehicle; or 16
(e) A battery that is not intended or designed to be 17
removed from any product that is manufactured, distributed, 18
or sold in the state; 19
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(2) "Battery recycling program" or "program", a 20
battery recycling program sponsored by the department where 21
the department provides or contracts for the transport, 22
processing, or recycling of batteries; 23
(3) "Collection site", any location, event, or other 24
department-approved collection service at which batteries 25
are accepted into the battery recycling program; 26
(4) "Department", the department of natural resources; 27
(5) "Director", the director of the department of 28
natural resources or the director's designee; 29
(6) "Manufacturer", a person or entity that designs, 30
creates, develops, and produces batteries. A manufacturer 31
does not mean a person or entity who sells batteries; 32
(7) "Recycler", a person or entity engaged in the 33
process of collecting elements from batteries, including, 34
but not limited to, heavy metals and chemicals by physical 35
or chemical recycling methods; 36
(8) "Representative organization", a nonprofit 37
organization established to implement the battery recycling 38
program. 39
3. Any manufacturer or recycler of batteries in the 40
state shall establish or join a representative 41
organization. The representative organization shall develop 42
and submit to the director for the director's approval a 43
plan for the establishment of a battery recycling program no 44
less than every five years. The plan shall: 45
(1) List contact information of each manufacturer or 46
recycler of batteries and battery brands covered by the 47
program; 48
(2) Describe the education and communication 49
strategies used to promote participation in the battery 50
recycling program; 51
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(3) Describe the methods of funding the battery 52
recycling program in a manner that equitably distributes the 53
program's costs between the members of the representative 54
organization; 55
(4) Establish battery collection rate goals for every 56
year for the first three years after the implementation of 57
the program that are based on the estimated total weight of 58
batteries that have been sold in the state in the previous 59
three calendar years prior to the implementation of the 60
program; 61
(5) Identify proposed battery collection service 62
providers, including sorters, transporters, or processors to 63
be used by the program for the final disposition of 64
batteries; 65
(6) Establish a goal for the number and geographic 66
distribution of sites for the collection of batteries; 67
(7) Describe how the program will compensate service 68
providers for activities conducted under the program, 69
including, but not limited to, collection, transportation, 70
and final disposition of batteries; 71
(8) Describe the public outreach methods used to 72
increase the public awareness of the program; and 73
(9) List any other information the department deems 74
relevant. 75
4. The department shall enforce the representative 76
organization's compliance with the plan under subsection 2 77
of this section and may, by regulation or by using existing 78
regulations promulgated under sections 260.230, 260.240, and 79
260.249, establish enforcement procedures and penalties. 80
5. After the program is implemented, a manufacturer or 81
recycler shall not manufacture or recycle batteries in the 82
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state unless the manufacturer or recycler participates in a 83
battery recycling program. 84
6. After the program is implemented, all batteries 85
shall only be disposed into receptacles at collection sites 86
approved by the program. A battery shall not be disposed 87
into any household waste or household recycle receptacle or 88
container. 89
7. Nothing in this section shall prevent or prohibit a 90
manufacturer or recycler from offering a fee-based, 91
household collection, or a mail back service for end-of-life 92
batteries independently of a battery recycling program under 93
this section, provided that such manufacturer's or 94
recycler's services under this subsection shall be 95
performed, and such manufacturer or recycler's facilities 96
are operated, in compliance with all applicable federal, 97
state, and local laws and regulations. 98
8. Any person may report violations of this section to 99
the department. If the department finds that a manufacturer 100
or recycler violated provisions of this section, the 101
department shall ask the attorney general to commence a 102
civil action in a court of competent jurisdiction. If the 103
court finds that the manufacturer or recycler violated 104
provisions of this section, the court may grant injunctive 105
relief, damages, attorney fees, and any such other relief 106
the court finds appropriate. 107
9. By June 1, 2028, and by June first of each 108
following year, a representative organization shall submit 109
an annual report to the department covering the preceding 110
calendar year of the battery recycling program. The report 111
shall contain the following: 112
(1) An independent financial assessment of the program 113
by a third-party assessor, including a breakdown of the 114
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program's expenses, including, but not limited to, 115
collection expenses, recycling expenses, and public outreach 116
expenses; 117
(2) Annual weight of batteries collected under the 118
program; 119
(3) The collection rate achieved under the program, 120
including a description of how the collection rate was 121
calculated; 122
(4) A list of all facilities used in the collection, 123
transportation, processing, or disposition of batteries; 124
(5) An estimated aggregate sales of batteries sold in 125
the state; and 126
(6) Any other information the department deems 127
relevant. 128
10. The report under subsection 9 of this section 129
shall be posted on the department's website and on the 130
website of the representative organization. 131
11. The department may promulgate rules to implement 132
the provisions of this section. Any rule or portion of a 133
rule, as that term is defined in section 536.010, that is 134
created under the authority delegated in this section shall 135
become effective only if it complies with and is subject to 136
all of the provisions of chapter 536 and, if applicable, 137
section 536.028. This section and chapter 536 are 138
nonseverable and if any of the powers vested with the 139
general assembly pursuant to chapter 536 to review, to delay 140
the effective date, or to disapprove and annul a rule are 141
subsequently held unconstitutional, then the grant of 142
rulemaking authority and any rule proposed or adopted after 143
August 28, 2026, shall be invalid and void. 144
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