HF4997

Purpose

This bill creates a new state program to collect and recycle batteries and battery-containing products in Minnesota. It shifts responsibility to producers to finance and run a statewide stewardship program, with rules for how batteries are collected, processed, and reported. It also repeals several existing statute sections to replace them with the new framework.

Key Definitions (essential terms used in the bill)

• battery-containing product: a product that contains or is packaged with one or more covered batteries (but not a covered electronic device itself).
• covered battery: portable or medium-format battery meeting specific size/weight and design rules, with certain exclusions (e.g., not designed for sale mainly to consumers for personal use, not included if part of a medical device, etc.).
• battery stewardship organization: an entity that runs a stewardship plan (either directly or on behalf of multiple producers) or has submitted a plan once approved.
• stewardship plan / stewardship program: the plan and ongoing program for collecting and disposing of covered batteries in an environmentally sound manner.
• producer: the person or entity responsible for compliance under the plan, determined by brand ownership, importer, or presence in Minnesota.
• collection site and collection event: approved locations and events where batteries are collected.
• recycling efficiency rate: the weight of batteries recycled relative to batteries collected.
• environmentally sound manner: practices that follow laws, protect workers and the environment, and ensure proper record-keeping and liability coverage.

Main Provisions and What It Seeks to Accomplish

• Establishment of a Battery Stewardship Program

  • Beginning January 1, 2028, a producer may not sell, offer to sell, or distribute a covered battery or a battery-containing product in Minnesota unless they participate in a stewardship program.
  • The program is overseen by a battery stewardship organization and approved by the state commissioner through a stewardship plan.

• Requirements for Stewardship Plans

  • Each plan must list participating producers and brands, provide contact information, explain how compliance will occur, identify collection and processing facilities, and describe coordination with other plans.
  • Plans must specify criteria for collection sites and how the program will work with other plans to meet statewide battery collection goals.
  • Plans are reviewed by the commissioner, who must approve, disapprove, or conditionally approve within 120 days; disapproved plans can be revised and resubmitted.

• Performance Goals and Funding

  • Each plan must set annual performance goals, including:
  • a quantity goal for collected batteries (based on sales in prior years),
  • goals for public awareness,
  • recycling efficiency rate targets: at least 60% for rechargeable batteries and 70% for primary (non-rechargeable) batteries.
  • Plans must be funded fully by producer charges to cover all program costs (collection, transport, processing, education, administration, reimbursement to local governments, etc.). No point-of-sale charges may be added to cover these costs.

• Collection and Management Requirements

  • statewide collection opportunities must be available for all covered batteries, across all chemistries and brands, at no cost and in a visible, accessible way.
  • If more than one stewardship plan is active, they must coordinate to avoid duplication and ensure statewide access.
  • Portable batteries: within two years of plan approval, there must be at least one permanent site for every 30,000 residents and coverage within a 15-mile radius for at least 95% of Minnesota residents.
  • Medium-format batteries: within two years, at least 10 permanent sites with broad geographic dispersion; within five years, at least one site in each county with 200,000+ people; counties without permanent sites must have a collection event at least every three years.
  • Collection sites must meet safety, storage, and regulatory requirements, provide suitable containers, clear signage, and safety training. Sites must be reachable and monitored.
  • Damaged and defective batteries require special handling: collection events every three years in counties lacking permanent sites and only at trained sites; producers may be reimbursed for costs of collecting recalled batteries.
  • Use of existing services and facilities is encouraged to minimize costs and expand reach.

• Public Education and Outreach

  • Plans must include a public-facing website, social media/advertising, promotional materials, and education for battery users, collection site operators, retailers, and government agencies.
  • Safety information and training materials must be provided to collection sites, including procedures for spills, fires, and handling damaged batteries.
  • Materials must help with managing recalled batteries.

• Reporting and Transparency

  • Annual reports due by June 1 each year, starting in 2028, detailing:
  • financing and cost analysis, with Minnesota-specific accounting,
  • weight by battery chemistry collected in Minnesota,
  • recycling efficiency rates by facility,
  • where batteries were sent for final disposition,
  • descriptions of how batteries were managed and recycled, and the technologies used,
  • progress toward performance goals and explanations if goals were not met,
  • a map/list of all collection sites and their addresses.
  • If a stewardship program operates in multiple states, Minnesota-specific financials and program data must be reported separately.

• Civil Penalties and Rulemaking

  • The act includes civil penalties for non-compliance and directs the commissioner to establish rulemaking to implement the program.

• Repeals and New Framework

  • The bill repeals several existing Minnesota statutes related to battery and electronics recycling to replace them with the new battery stewardship framework.

Timeline and Implementation

• 2028: Producers must participate to sell or distribute covered batteries or battery-containing products in Minnesota.
• 2028 onward: Stewardship plans begin implementation; statewide collection systems must be in place per the outlined site and event requirements.
• Ongoing: Public reporting, plan adjustments, and potential plan amendments as required.

Significant Changes to Existing Law

• Introduces a mandatory, producer-funded battery stewardship program with statewide collection targets and performance goals.
• Replaces portions of the current statutes with new sections establishing definitions, program structure, funding, collection requirements, and reporting.
• Creates a formal framework for civil penalties and state rulemaking to enforce battery stewardship.
• Requires coordination across multiple stewardship plans if more than one is in effect at the same time.

Practical Impact

• Producers will bear the cost and responsibility for financing and operating battery collection and recycling programs.
• Residents and businesses will have Access to free, convenient battery recycling options statewide.
• Local governments and waste facilities may receive reimbursement for certain program-related costs.
• The state will monitor and publish annual performance and financial data to ensure transparency and progress toward recycling goals.

Potential Considerations

• The scope and interpretation of “significant changes” to require a new stewardship plan.
• The process and timelines for plan approval and amendments.
• The balance between statewide coverage and local convenience, especially in rural areas.

Relevant Terms

• covered battery
• battery-containing product
• portable battery
• medium-format battery
• rechargeable battery
• primary battery
• damaged and defective battery
• easily removable
• environmentally sound manner
• battery stewardship organization
• stewardship plan
• stewardship program
• producer
• collection site
• collection event
• recycling efficiency rate
• collection rate
• statewide collection
• civil penalties
• rulemaking
• end-of-life management
• cost-sharing with local governments
• operations manual
• publicly accessible reporting

Relevant Terms - battery-containing product - covered battery - portable battery - medium-format battery - rechargeable battery - primary battery - damaged and defective battery - collection site - collection event - stewardship plan - battery stewardship organization - producer - recycling efficiency rate - collection rate - environmentally sound manner - statewide collection - civil penalties - rulemaking - end-of-life management - performance goals - funding (producer charges) - public reporting and transparency