SF5174

Purpose

Introduce a statewide program to collect and recycle batteries and battery-containing products, reduce environmental and public health risks, and shift program costs to producers. The plan aims to ensure safe, environmentally sound end-of-life management and to create a clear framework for how batteries are collected, transported, processed, and funded.

Key Provisions (What the bill does)

• Creates a formal battery stewardship framework covering batteries and battery-containing products sold in Minnesota, with rules for collection, transportation, processing, and reporting.
• Establishes definitions for terms such as battery-containing product, covered battery, producer, battery stewardship organization, stewardship plan, and collection site to standardize responsibilities and activities.
• Requires producers to participate in a stewardship program starting January 1, 2028; certain activities (selling, offering for sale, or distributing covered batteries or battery-containing products) are prohibited if the producer does not participate.
• Requires stewardship plans to be submitted by battery stewardship organizations, detailing participating producers, brands, collection sites, facilities, and how the plan will meet environmental and health standards.
• Sets up a process for plan approval, public comment, amendments, and periodic updates (at least every five years) to reflect changes in collection or processing methods.
• Sets performance goals in each plan, including:
  • Annual targets for the quantity of batteries collected.
  • Goals for public awareness.
  • Recycling efficiency rate targets (60% for rechargeable batteries; 70% for primary batteries).
• Mandates full funding of each stewardship plan, including costs for collection, transport, processing, education, administration, reimbursement to local governments, and management of end-of-life materials. Prohibits specific point-of-sale charges to cover program costs.
• Requires statewide collection opportunities for all covered batteries, with minimum site requirements and coordination among plans to avoid duplication.
• Requires special collection site rules for portable, medium-format, and other batteries, including site distribution (e.g., permanent sites, events, geographic dispersion), safety and handling requirements, and the handling of damaged and defective batteries.
• Allows use of existing services and facilities (retailers, municipalities, waste facilities) as collection sites or collection events, with minimum site requirements.
• Provides for suspension or termination of collection sites that fail to meet criteria or pose health/safety concerns.
• Addresses collection and management of damaged and defective batteries, including training and potential cost recovery from manufacturers for recalled batteries.
• Requires education and outreach components, including a website, social media, promotional materials, and safety and handling information for collection sites and the public.
• Requires annual reporting to the state (by June 1 each year) with detailed financial statements, production-weighted battery data, recycling efficiency, facility descriptions, and collection rates, with Minnesota-specific data clearly separated if the program operates across multiple states.

Significant Changes to Existing Law

• Repeals or supersedes several preexisting Minnesota statutes related to electronic waste and battery disposal (specific sections listed in the bill), consolidating battery collection and recycling under the new stewardship framework.
• Introduces new authority for rulemaking and civil penalties related to battery stewardship activities, complementing the enforcement framework.

Implementation Timeline

• Full participation and the new collection requirements begin January 1, 2028, with ongoing plan approvals, amendments, and periodic updates as part of the stewardship framework.

Important Roles and Terms

• Battery stewardship organization: A producer or group of producers, or an entity acting on their behalf, responsible for implementing a stewardship plan.
• Stewardship plan: The formal program outlining how batteries will be collected, processed, and financed, including listed producers and collection sites.
• Covered battery: A portable or medium-format battery defined by weight, chemistry, and design characteristics, excluding certain batteries (e.g., those in medical devices or designed for vehicle propulsion under specified conditions).
• Battery-containing product: A product that includes one or more covered batteries but is not itself a covered electronic device.
• Producer: The person or entity responsible for compliance for a covered battery or battery-containing product sold or distributed in Minnesota, with detailed rules for identifying the correct producer.
• Collection site / collection events: Locations and activities where batteries are collected from the public or businesses for end-of-life management.
• Recycling efficiency rate: The ratio of weight of materials recycled to weight of batteries collected, used to measure program performance.
• End-of-life management: The environmentally sound handling, processing, and disposition of collected batteries and materials.

Outcomes and Impacts

• A standardized, funded, and transparent system for battery collection and recycling across Minnesota.
• Clear responsibilities for producers and organized plans to ensure widespread access to battery recycling.
• Regular reporting and performance targets to monitor progress and drive improvements.
• Safer handling and disposal practices for damaged, defective, or recalled batteries.

Relevant terms - battery stewardship organization - stewardship plan - producer - covered battery - battery-containing product - collection site - collection opportunities - portable battery - medium-format battery - recycling efficiency rate - end-of-life management - environmentally sound manner - statewide collection - public awareness - education and outreach - reporting requirements - funding and charges (no point-of-sale charges) - plan approval and amendments - recall handling - damaged and defective batteries - civil penalties - rulemaking - local government reimbursement - hazardous waste considerations - coordination among multiple stewardship plans - repeal of existing statutes (115A.1310 series, 115A.132x series, 325E.125, etc.) (noting that the bill repeals certain older laws and replaces them with the new framework)