Batteries

May 22nd, 2025

Batteries are powering a fire problem—Nebraska just took action. 

Batteries are everywhere. But when tossed in the trash, they can spark fires in garbage trucks, endanger workers, and damage recycling facilities. 

On May 20, 2025, Nebraska Governor Jim Pillen signed LB36 officially enacting the Safe Battery Collection and Recycling Act. The bill marks a major milestone for environmental protection, public safety, and extended producer responsibility (EPR) in the state. This new legislation tackles one of the fastest-growing, most valuable, and most dangerous waste streams in the country—lithium-ion and other household batteries. 

Championed by Senator Jana Hughes and developed through collaboration with Nebraska state  officials, local governments, and national partners–Including the Product Stewardship Institute–the new law establishes a statewide, producer-funded battery stewardship program for portable and medium-format batteries. It reflects years of policy development and incorporates best practices from states like Vermont, Washington, and Illinois. 

WHAT THE LAW DOES
LB36 establishes a producer-funded battery stewardship program for portable and medium-format batteries sold in Nebraska. That means battery producers—not taxpayers—will now be responsible for the safe collection, recycling, and education programs needed to manage battery waste.

Key elements of the law include: 

  • Producer responsibility: Beginning in 2028, producers must join a state-approved Battery Stewardship Organization (BSO) to sell batteries in Nebraska. 
  • Free statewide collection: Convenient drop-off sites must be available across the state, including rural and underserved areas. 
  • Safety protocols: Batteries can no longer be landfilled or incinerated, and new rules ensure proper handling of damaged or recalled batteries. 
  • State oversight: The Nebraska Department of Environment and Energy will approve and monitor all program plans. 
  • Clear performance goals: Programs must track consumer awareness, collection success, and recycling efficiency.


WHY IT MATTERS
Discarded batteries don’t just pose a fire risk—they also contain valuable materials like lithium, cobalt, and zinc that can be reused when collected properly. But right now, most of those batteries end up in the trash. LB36 shifts the burden away from local governments and toward the producers who profit from battery sales—creating a more sustainable, accountable system. 

“The Safe Battery Collection and Recycling Act is a big first step in addressing the ongoing public safety issue with the improper disposal of lithium batteries at the end of their useful life. This provides Nebraska with the ability to implement an industry led and industry funded solution to collect and recycle batteries instead of throwing them away or wish-cycling them. I am thankful for my colleagues’ overwhelming support and the battery industry’s willingness to help mitigate the increasing occurrence of devastating fires caused by these batteries being thrown away rather than recycled.” said Senator Jana Hughes. 

“This law is a major step forward in protecting public safety and the environment,” said Kent Holm, Director of Douglas County (Nebraska) Environmental Services. “By shifting responsibility to battery producers and ensuring convenient collection statewide, Nebraska is setting a strong example for how to manage battery waste responsibly and sustainably.” 

“This new law addresses critical public safety and environmental risks while promoting sustainable battery management,” said Scott Cassel, CEO and Founder of PSI. “It’s a pragmatic, well-structured solution that will reduce fires, protect workers, and conserve valuable materials.”

NEBRASKA JOINS A NATIONAL TREND 

With the passage of LB36, Nebraska becomes the latest in a growing list of states—alongside Vermont, Washington, Illinois, and Colorado—to adopt battery extended producer responsibility (EPR) laws 

PSI supported the development of Nebraska’s law by sharing model legislation, policy research, and lessons learned from other states. As implementation moves forward, PSI will continue to work with state leaders and local communities to ensure the program’s success.

WHAT’S NEXT? 

  • 2026: Nebraska Department of Environment and Energy begins rulemaking 
  • 2028: Battery producers must participate in a stewardship organization 
  • Ongoing: Collection, education, and recycling programs launch across the state 

Want to dive deeper into what’s next for battery policy? Join us at the 2025 U.S. Product Stewardship Forum, June 3-5 in Chicago, for a featured session on battery extended producer responsibility (EPR), where government officials, recyclers, and producers will explore how to safely manage used batteries, prevent fires, and build systems that recover critical materials. This session will spotlight how stakeholders are shaping the future of battery stewardship across the U.S. 

This blog post was prepared by Product Stewardship Institute (PSI), which supports policies that advance product stewardship and extended producer responsibility. 

May 19, 2025

Batteries power our phones, laptops, tools, toys—and increasingly, our waste and recycling systems are paying the price. Fires sparked by discarded lithium-ion batteries have damaged trucks and facilities, endangered workers, and cost businesses and taxpayers millions. Now, Colorado is tackling the problem head-on. 

 On May 8, the Colorado Legislature passed Senate Bill 25-163 (SB 25-163), the Battery Stewardship Act. The bill, which successfully passed both chambers of the legislature this week, establishes a comprehensive framework for the responsible collection, transportation, processing, and recycling of batteries throughout the state. This legislation makes Colorado the latest in a growing wave of states embracing extended producer responsibility (EPR) to manage dangerous and hard-to-recycle products. It now awaits the governor’s signature.  

As battery-powered devices become more common—and dangerous when improperly discarded—Colorado’s legislation responds to urgent public safety and environmental needs. 

What’s in the Battery Stewardship Act? 

 Under the new law, battery producers must join a battery stewardship organization that will finance and operate a statewide collection system by 2027. The law requires these programs to submit detailed plans to the Colorado Department of Public Health and Environment (CDPHE), outlining how they’ll ensure accessible drop-off options across the state—particularly in underserved communities. 

By 2029, retailers will no longer be allowed to sell batteries or battery-powered products from producers that aren’t part of an approved stewardship program. In 2030, disposal of covered batteries in landfills will be officially banned. 

Other key features include: 

  • Collection and recycling targets that build accountability into the system 
  • Consumer education to reduce improper disposal 
  • Performance reporting to ensure transparency and progress 
  • Landfill bans to protect the environment and spur recovery of critical materials 

Why It Matters 

Improper battery disposal creates serious risks—from fires at recycling centers to toxic chemicals in landfills. But batteries also contain valuable materials like lithium, cobalt, and nickel that can be recovered and reused when collected properly. 

By shifting responsibility from taxpayers to battery producers, Colorado’s law: 

  • Prevents costly fires and environmental damage 
  • Keeps critical resources in the supply chain 
  • Makes recycling easier and more accessible for residents 
  • Reduces burdens on local governments 

Local Leaders Champion the Cause 

Shelly Fuller, Manager of Boulder County’s Hazardous Materials Management Facility (HMMF) and a member of the Product Stewardship Institute (PSI), was instrumental in developing and advocating for the bill. 

“The passage of the Battery Stewardship Act represents years of collaborative work to address one of the fastest-growing waste streams in Colorado,” said Fuller. “Our facility has seen firsthand the dangers posed by improperly disposed batteries, from fires at materials recovery facilities to environmental contamination. This legislation creates a systematic approach to battery collection that will not only protect our waste management infrastructure but also recover valuable materials that would otherwise be lost to landfills.” 

Liz Chapman, Executive Director of Recycle Colorado and partner of PSI, also played a key role in building support for the legislation. 

“This bill is a win for consumers, businesses, and the environment,” Chapman said. “By establishing a producer-funded collection system, we’re removing the financial burden from local governments while making battery recycling more accessible to all Coloradans. The Battery Stewardship Act demonstrates how extended producer responsibility can create practical, sustainable solutions that benefit everyone involved in the product lifecycle.” 

The National Waste and Recycling Association (NWRA) – Rocky Mountain Chapter, co-led the bill with Recycle Colorado. Together they worked with supportive champions eager to move this bill across the finish line.  Waste Connections of Colorado’s Barrett Jensen, the Rocky Mountain Chapter’s Chairperson, provided the following comment in support of the collaboration and the legislation. 

“The waste and recycling industry has experienced firsthand the impacts of battery fires in our facilities and collection vehicles,” Jensen said. “This legislation addresses a critical safety issue for our workers while creating a sustainable funding mechanism for proper battery management. By bringing producers to the table to develop solutions for this difficult to manage waste stream, we’re building a system that works for everyone – consumers have convenient recycling options, local governments save money, and our facilities face fewer hazards. The collaborative approach taken to develop this bill shows that when all stakeholders work together, we can create practical solutions to complex waste management challenges.” 

Rachel Setzke from Eco-Cycle, another PSI partner who championed the bill alongside Recycle Colorado, emphasized the importance of this legislation for Colorado’s circular economy goals.  

“The Battery Stewardship Act is a crucial step toward creating systems that keep valuable resources in circulation while protecting our communities from hazards,” said Setzke. “At Eco-Cycle, we’ve long advocated for producer responsibility as a cornerstone of sustainable materials management. This bill ensures that the companies profiting from battery sales will now help build and fund the infrastructure needed for their safe end-of-life management. It’s exactly the kind of forward-thinking policy Colorado needs as we work toward zero waste.” 

A National Shift Toward Battery EPR 

With this new law, Colorado joins the District of Columbia, Vermont, California, Illinois, and Washington in enacting statewide battery stewardship legislation. It’s part of a broader national movement to make producers more responsible for the full lifecycle of the products they create. 

The Product Stewardship Institute (PSI) supported the development of this law by sharing policy models and best practices from other states and countries. As Colorado moves toward implementation, PSI will continue to provide guidance and technical support to help local and state leaders build a safer, more circular battery economy. 

What’s next? 

 Colorado’s phased implementation timeline ensures time to build infrastructure and public awareness: 

  • July 2027: Battery stewardship organizations must submit plans to the state 
  • August 2027: Battery producers must participate in a stewardship organizations 
  • July 2029: Retailers prohibited from selling batteries from non-participating producers 
  • January 2030: Disposal of covered batteries in landfills is banned 

Join the Conversation at PSI’s June 2025 Forum in Chicago 

Want to dive deeper into what’s next for battery policy? Join us at the 2025 U.S. Product Stewardship Forum, June 3-5 in Chicago, for a featured session on battery extended producer responsibility (EPR), where government officials, recyclers, and producers will explore how to safely manage used batteries, prevent fires, and build systems that recover critical materials. This session will spotlight how stakeholders are shaping the future of battery stewardship across the U.S. For more information on the Battery Stewardship Act and how it may affect consumers and businesses, visit Colorado Department of Public Health and Environment. 

This blog post was prepared by Product Stewardship Institute (PSI), which supports policies that advance product stewardship and extended producer responsibility. 

By Kristina Benoist, Marketing & Communications Director

March 26, 2025

California’s Plastic Pollution Producer Responsibility Act (SB 54) was designed to be a groundbreaking shift in how plastic waste is managed, requiring producers—not taxpayers—to take responsibility for packaging waste. However, less than two years after its enactment in 2022, Governor Gavin Newsom has ordered a revision, citing rising compliance costs, delays in implementation, and growing resistance from both industry and environmental groups.

While this decision has generated debate, it does not signal a reversal of producer responsibility in California or across the country. Instead, California is refining SB 54—making targeted adjustments to improve the feasibility of implementation while maintaining the law’s core objectives.

ADJUSTMENTS, NOT A ROLLBACK 

When SB 54 was signed into law in 2022, it introduced some of the most progressive plastic reduction and recycling targets in the country, including: 

  • A 25% reduction in single-use plastic packaging by 2032. 
  • A requirement that 65% of covered materials be recycled and certified through an approved process by 2032. 
  • A $5 billion producer-funded mitigation fund over a 10-year period, specifically $500 million annually from 2027 to 2037, to address the environmental impacts of plastic pollution and support affected communities.

As implementation began, producers raised financial and operational feasibility concerns. In response, Governor Newsom declined to approve the rules as drafted, acknowledging industry concerns and directing regulatory agencies to refine them before they could proceed to the California Commission on Recycling Markets and Curbside Recycling for formal adoption. 

Rather than a rollback, California is expected to make targeted revisions that ease the transition for producers while preserving the law’s key goals. 

The Office of Administrative Law (OAL) review process, which is standard for regulatory changes, could take up to a year. However, to accelerate certain adjustments, an “urgency bill” could be introduced in the California Senate, allowing a limited number of critical revisions to be fast-tracked. 

WHAT THIS MEANS FOR EPR IN OTHER STATES 

While California’s experience with SB 54 is being closely watched, this revision process is unlikely to slow momentum for EPR nationwide. States like Minnesota, Colorado, Oregon, and Maine are continuing to quickly move forward with their own packaging EPR programs, each tailored to their specific regulatory and economic landscapes. 

WHAT ADJUSTMENTS ARE BEING DISCUSSED 

California Senator Ben Allen—the lead sponsor of SB 54—recently outlined proposed adjustments and clarifications in a letter to Jeff Fielkow, CEO of Circular Action Alliance (CAA). These proposals were part of a negotiation effort to encourage CAA’s support for the draft regulations. While not changes to the law, the suggestions emphasized collaboration, regulatory flexibility, and timeline adjustments to support smoother implementation. CAA ultimately declined to endorse the proposals.  

Key points included:
1. Producer Responsibility Organization (PRO) Plan Adjustments

The deadline for the initial PRO plan submission is proposed to be moved to July 1, 2026, providing producers more time to develop their compliance strategies.

2. Financial and Reporting Adjustments

Temporary Simplified Eco-Modulation Fees – A simplified fee structure will be used until the end of 2029 to ease the transition for producers.

3. Annual Reports & Fee Schedules: 

Annual Budget and Fee Schedules – Producers must submit budget and fee schedules annually by October 1, 2026, separate from the full program report.

4. Compliance and Data Collection

Source Reduction Data – Producers must submit baseline source reduction data before the PRO plan submission deadline of July 1, 2026. CalRecycle will have the authority to update this baseline before 2027.

5. De Minimis Exemption

CalRecycle will clarify its current rules for small producers (de minimis criteria) through emergency regulations before the July 1, 2026 deadline for PRO plan submission.

6. Regulatory & Technological Considerations

  • Chemical Recycling Review: Any company using chemical recycling technologies will need to fund and commission peer-reviewed studies to demonstrate compliance. 
  • Reusable Packaging Standards: Durability standards for reusable food serviceware will be refined. 
  • Life Sciences Exemption: Secondary and tertiary packaging used in life sciences (e.g., medical and pharmaceutical industries) are proposed to be explicitly exempted. 

7. Reporting Flexibility
Annual, not Monthly, Reporting: To reduce administrative burden, producers will submit data annually rather than in monthly increments. 

WHAT’S NEXT FOR SB 54? 

With the Governor signaling the need for refinements to SB 54, the next steps focus on how these adjustments will be implemented. The process will move forward through multiple avenues, each operating at a different pace: 

  • Legislative Action – Lawmakers will introduce a bill to formally adopt revisions, incorporating stakeholder input to ensure the changes balance feasibility with the law’s original intent. 
  • Regulatory Adjustments – CalRecycle and the advisory board will refine program rules, clarify compliance requirements, and establish updated guidelines for producers through the regulatory process. 
  • Urgency Bill Option – If certain revisions require immediate implementation, an urgency bill could be introduced in the California Senate to fast-track specific changes, allowing them to take effect sooner than the standard legislative timeline. 
  • Administrative Review – The Office of Administrative Law (OAL) will oversee regulatory refinements. While this review process can take up to a year, select revisions may be expedited depending on legislative and agency priorities. 

The combination of these pathways ensures that SB 54 moves forward with adjustments that improve feasibility while keeping California’s producer responsibility framework intact. 

LOOKING AHEAD 

Extended deadlines and regulatory flexibility ensure that producers and the PRO can better prepare for compliance. Clarity on financial obligations helps industries transition smoothly into the eco-modulation fee structure. More specific guidelines on exemptions, reporting, and technology provide clearer expectations for producers and regulators. The continued dialogue and adjustments reinforce the state’s commitment to a workable and effective EPR system under SB 54. 

California’s adjustments to SB 54 will shape how the state fine-tunes its approach to producer responsibility, but its unique economic and regulatory environment means that its experience will likely not dictate how other states implement their programs. These adjustments intend to make SB 54 more easily implementable while still advancing California’s ambitious waste reduction and recycling goals. 

PSI diligently monitors and tracks all legislative developments, stakeholder responses and the evolution of these laws, not only in California, but for all 50 states.

Stay connected with PSI for updates on California’s plastics EPR law, industry reactions, and the future of producer responsibility nationwide. Want to learn how this legislation—and similar efforts in other states—could impact your business? Reach out to Darla Arians at darla.arians@productstewardship.us to explore how we can work together.

September 5, 2024

This week, the California Legislature passed significant EPR bills to establish several new programs and strengthen existing ones. Now awaiting Governor Newsom’s signature, the bills include first-in-the-nation EPR programs for textiles and marine flares, the second EPR law for EV batteries in the country, and meaningful amendments to California’s carpet and paint stewardship programs. These bills incorporate best practices learned in the past 10 years and put on display the blossoming of the EPR movement in the U.S. They also exemplify the important state-based advocacy of the California Product Stewardship Council, Californians Against Waste, and the National Stewardship Action Council. The Governor has until September 30 to sign the bills.

Textiles (SB 707)
California is poised to be the first state to enact an EPR law for textiles. The law would require producers of clothing, footwear, and household textiles to participate in and fund a statewide reuse and recycling program for their products. The California Product Stewardship Council (CPSC) sponsored the landmark legislation, which seeks to reduce the environmental impact of the fashion industry by increasing the reuse and recycling of textiles, which are major contributors to landfill waste and pollution. The bill garnered broad support from environmental organizations, municipal waste managers, and key players in the fashion and textile industries. California will join the European Union, which already has textiles recycling mandates.

EV Batteries (SB 615)
This EPR law would be the second in the nation (after New Jersey) to require suppliers of electric vehicle traction batteries to ensure the collection and management of those batteries at end-of-life. The bill establishes a “battery management hierarchy” that prioritizes reuse, repair, and remanufacturing and requires that each battery have a unique identifier so that it can be tracked for responsible management. As the largest U.S. market for electric vehicles, California’s law could “fuel” the growth of EV battery recycling in the U.S., providing essential materials for renewable energy manufacturing in the U.S. Californians Against Waste led bill advocacy with support from recycler Redwood Materials and others. 

Marine Flares (SB1066) 
This bill, if enacted, would be another first-in-the-nation EPR law. It would require any manufacturer (currently just Orion) of marine flares  – pyrotechnic devices used to signal distress in boating – to establish and fund a program for collection and proper disposal. Additionally, the bill bans perchlorate from marine flares sold to California consumers. The chemical is increasingly found in groundwater, surface water, and soil and is known to damage human thyroid functions that are essential to mental function, metabolism, and fetal development. This bill was championed by the National Stewardship Action Council and Zero Waste Sonoma. 

Carpet Amendment (AB 863)  
This amendment to California’s carpet stewardship program – the latest of three to improve the original carpet industry program – adds several elements to boost recycling, including a requirement for 5% carpet-to-carpet recycled content by 2028; mandatory sorting at approved collection sites by 2029, including proper storage and transportation of recyclable carpet to a recycler; standardized backstamping of carpet to support more efficient material sorting; and components of carpets published on the manufacturer website for better recycling. The amendment also includes nonvoting representation on the CARE board for a retailer, a circular economy NGO, and labor; funding for workforce development; audit transparency; and higher enforcement penalties. The original bill, which has since been amended, pushed even further, calling for a needs assessment to determine if the scope of the program should include other flooring such as luxury vinyl tile, sheet vinyl, and linoleum, which compete with carpet in the marketplace. This provision was intended to address a key carpet industry concern about leveling the playing field for all flooring. The original bill also contained higher targets for recycling and recycled content. This amendment was championed by the National Stewardship Action Council. 

Paint Amendment (SB 1143
PaintCare, the California paint stewardship program, added aerosol paints in 2023 to the original program established in 2007 by PSI, the American Coatings Association, and numerous government and private sector stakeholders. If enacted, this amendment would further expand the scope of the program to include furniture paint, marine paint, and other related products. Since adding aerosols to the California program, PaintCare has expressed interest in adding additional paint products to its programs in the other 12 jurisdictions with laws – yet another sign of the growing influence of EPR on materials management. This amendment, as well as the 2023 amendment, were championed by the National Stewardship Action Council.

Gas Cylinders (SB 1280) 
Although not EPR, this CPSC-sponsored bill would prohibit the sale of non-reusable or non-refillable propane cylinders. The bill would effectually require that all 1lb cylinders be reusable, just as 20lb barbeque tanks currently are.  

by Suna Bayrakal, Director, Policy & Programs

After Governor Jay Inslee signed Washington State’s new legislation on May 11th, it became the 10th state – plus Washington D.C. – to enact a battery EPR law. This law shows the strong and steady trend towards state battery EPR laws that include a broad scope of both single and rechargeable batteries, with best practices that are standards in all effective EPR laws – such as performance goals and convenience standards. Each passage of an EPR for batteries law has increased the types that are included: Washington is the first state to include e-mobility devices and to study the opportunities and challenges of managing large-format batteries and batteries that are embedded in products, such as electronics.

Vermont enacted the nation’s first single-use household battery EPR law in 2014, which PSI helped pass: In its first year of implementation, that state increased collection by more than 180 percent. More recently, PSI provided technical support to incorporate best practices from our model battery EPR legislation into the Washington DC law enacted in 2021, which is the first single-use and rechargeables battery EPR law in the nation that also addresses battery-containing products. PSI is currently working in New York State to amend the 2010 Rechargeable Battery Law so that it includes e-Mobility devices, in order to decrease the potential for fires that have been rampant in New York City because of lithium-ion batteries in e-bicycles. 

Last year, representatives from 10 states joined our battery stakeholder group to develop PSI’s next-generation battery EPR legislative model, elements of which were included in the California law enacted in 2022 that was championed by the California Product Stewardship Council and Californians Against Waste, which also covered single use and rechargeable batteries. 

Washington’s new law was spearheaded by Heather Trim at Zero Waste Washington and PSI’s state and local members including Megan Warfield at the Washington State Department of Ecology and McKenna Morrigan at Seattle Public Utilities. The law includes best practice elements of battery EPR legislation, which are also included in PSI’s model. This law will create a statewide battery stewardship program for Washington that is managed and sustainably funded by producers, reducing greenhouse gas emissions and removing toxic substances from the waste stream. It is consistent with EPR best practices as it includes: 

  • Performance goals to drive program effectiveness. 
  • Convenience standards to ensure that the program is accessible state-wide. 
  • Education and outreach, including resources targeted at overburdened and vulnerable communities to raise public awareness about how to recycle batteries. 
  • Annual reporting to monitor program implementation. 

The law also contains other elements of successful programs, including material fees that incentivize environmental performance, a stewardship plan, and opportunities to improve the plan as the program is implemented and matures. Local governments will have the opportunity to participate in the program and be reimbursed by producers for their costs of collection; they will also save money as transportation and processing costs are assumed by producers.  

By October 2027, the Department of Ecology must complete an assessment and submit findings to the legislature on the opportunities and challenges associated with the end-of-life management of batteries not covered by the legislation, including large-format batteries and those in battery-containing products that are embedded and/or not designed to be easily removed. The assessment must consider which criteria of the legislation should apply to these batteries and battery-containing products. By April 2024, the Department of Ecology must also submit a report to the legislature on policy recommendations for the collection and management of electric vehicle batteries.   

Large format batteries that weigh more than 25 pounds, such as those used in electric vehicles, solar power systems, and data centers, are expected to experience significant market growth in the coming years. If these batteries are not collected and recycled, they will increase in the waste stream. Similarly, battery-embedded products either end up in the waste stream or are sent to battery/electronics recycling centers, where they are expensive to dispose of. Leading EPR battery programs in British Columbia and the European Union have already taken a step toward including a broader product scope that covers larger batteries and battery-embedded products. Some battery producers have global markets and sell into these jurisdictions and will have to meet these requirements there.  

Washington already has significant experience passing and implementing EPR programs for electronics and mercury-containing lamps and has more recently enacted stewardship programs for solar panels, pharmaceuticals, and paint, all of which are based on the fundamental principles of EPR. These laws improve collection convenience, build better supply chains, protect the environment and human health, and create jobs – all while significantly reducing the financial and management burden on local governments. We look forward to similarly positive outcomes from this new battery law! 

by Rachel Lincoln Sarnoff, Marketing and Communications Director

2023 legislative sessions are now underway and many extended producer responsibility (EPR) bills were first out of the gate! There is an unprecedented momentum for these bills. Both Connecticut Governor Ned Lamont and New York Governor Kathy Hochul have indicated their backing, representing an unprecedented level of support for the passage of packaging EPR legislation in these states.  

During legislative session, we monitor activity on bills requiring new EPR programs or amending existing EPR laws in the United States; this information is shared with our Members and Partners through emailed Legislative Updates and is also available to them in our Legislation Library. At press time, these are the bills that had been introduced: 

  • Battery EPR in New York and Washington; on January 17th, the District of Columbia enacted their Batteries and Electronics amendment. Our model EPR legislation informed the first EPR law for all single-use household batteries, enacted in Vermont, as well as battery bills introduced in states across the country from 2015 to 2020, and, in 2021, the first battery EPR law for single-use and rechargeable batteries, as well as battery-containing products, which was enacted in Washington, D.C. Learn more about our perspective on battery EPR by clicking here. 
  • Household hazardous waste (HHW) EPR in Vermont. Although no HHW EPR program currently exists in the United States, they have operated successfully in Canada since the 1990s: In Manitoba, collection volumes increased four-fold in the first five years of program implementation. PSI’s research fueled the introduction of HHW EPR bills in both Oregon and Vermont. Learn more about our perspective on HHW EPR by clicking here.
  • Packaging EPR in Maryland, New York, Washington, and New Jersey (originally introduced in 2022 and still active). In 2016, we developed our model packaging EPR legislation, then updated it in 2019 with input from industry and government. Maine and Oregon used our model to enact packaging EPR laws in 2021, Colorado followed suit in 2022 and, that same year, California also enacted legislation that was informed by our model. Learn more about our perspective on packaging EPR by clicking here.
  • Paint EPR in Missouri, which, if passed, would be the state’s first EPR law. Beginning in 2003, PSI convened and facilitated a multi-stakeholder dialogue that included participation and support from the paint industry, state and local governments, the U.S. Environmental Protection Agency (EPA), and recycled paint manufacturers to develop a consensus model for paint EPR legislation. In 2009, Oregon used our model to enact the country’s first paint EPR law; since then, we have helped pass paint EPR legislation built on the same model. Today, there are paint EPR laws in 10 states and the District of Columbia. Learn more about our perspective on paint EPR by clicking here.
  • Mercury-containing lighting EPR in Washington. In 2007, PSI initiated a dialogue on fluorescent lighting that resulted in a national action plan on lamp recycling and contributed to the enactment of EPR laws in five states; we also partnered with rural governments in 13 other states to boost collection of lamps and other mercury-containing products. Learn more about our perspective on lighting EPR by clicking here. 
  • Pharmaceuticals law EPR amendment in Oregon. In 2010, PSI led a national coalition to pass the Secure and Responsible Drug Disposal Act and change related regulations that made it possible for retail pharmacies to host drug take-back programs for unwanted medicines, including controlled substances. That year, we developed model pharmaceuticals EPR legislation with our national coalition; by 2012, PSI Member Alameda County had used our model to establish the first pharmaceuticals EPR ordinance in the country, which was upheld by the courts despite industry appeals. Since then, our work has helped pass pharmaceuticals EPR laws in eight states and 23 local jurisdictions. Learn more about our perspective on pharmaceuticals EPR by clicking here. 
  • Refrigerant-containing appliances EPR in Washington. In 2014, PSI provided research and policy analysis to New York City, which passed the first-ever law to safely manage refrigerant-containing appliances; since its passage, manufacturers collected more than 90,000 products and saved the city more than $1.3 million. PSI also helped defend New York City’s law against a legal challenge from the Association of Home Appliance Manufacturers, and we contributed to the hydrofluorocarbons emissions reduction law enacted by Washington State in 2021. Learn more about our perspective on refrigerant-containing appliance EPR by clicking here. 
  • Solar panel EPR in Minnesota. Washington state passed the first state solar panels EPR law in 2017. In 2021, PSI helped develop the solar panels EPR law enacted by Niagara County, New York – the first such local law in the country. Learn more about our perspective on solar panel EPR by clicking here. 

We also expect to see introductions of additional battery, carpet, electronics, mattress, packaging, paint, and pharmaceuticals EPR bills and amendments in additional states. We appreciate the leadership of legislators and stakeholders who are leading the charge, and look forward to celebrating with our community when these bills become law. 

by Julia Wagner, Marketing and Communications Coordinator

When this organization was founded by Scott Cassel in 2000, producer responsibility was in place in Europe and Canada, but had barely made a mark in the United States. Now, U.S. EPR is snowballing. As the 2023 legislative sessions begin, we would like to reflect on the accomplishments of those across the country who have, together with PSI, moved EPR forward in 2022 and increased the momentum for additional producer responsibility legislation in 2023 and beyond.

In 2022, 65 EPR bills were active across 20 states and Washington, D.C. These bills covered 14 product areas and included 58 bills to establish new programs as well as seven bills to amend existing programs. These bills included EPR programs for emerging product areas such as smoke detectors, solar panels, and wind turbine blades.

Most significantly, a total of seven new laws establishing programs were enacted in 2022, including packaging EPR in California (SB 54) and Colorado (HB 22-1355), gas cylinders EPR in Connecticut (HB 5142), batteries EPR in California (AB 2440), pharmaceuticals EPR in Illinois (HB 1780), carpet EPR in New York (A 9279), and mattress EPR in Oregon (SB 1576).

These laws bring the U.S. national total to 131 EPR laws across 16 different products in 33 states and Washington, D.C. In the coming year, PSI expects EPR legislation to be introduced in over a dozen states for several different product areas, including batteries, electronics, household hazardous waste, mattresses, packaging, paint, pharmaceuticals, and tires. We look forward to working with our community on these bills!

by Rachel Lincoln Sarnoff, Marketing and Communications Director

Have you checked our EPR Laws Map lately? California just changed color! This month, Governor Gavin Newsom signed into law battery EPR legislation, championed by the California Product Stewardship Council and Californians Against Waste, that includes strong collection convenience standards and performance goals, comprehensive education and outreach requirements, and aspects that seek to advance equity. The state now has 11 EPR laws in place – a national record.   

Known as the Responsible Battery Recycling Act of 2022, AB 2440 requires producers to establish, fund, and operate a stewardship program to collect and recycle covered batteries and battery-containing products, including primary, rechargeable, and lithium-ion batteries, which can explode or cause fires. 

Over a decade ago, PSI began hosting meetings with state and local governments and other key stakeholders from across the United States to develop an evolved model for EPR batteries legislation based on global best practices. These ongoing discussions and the updated model helped shape legislation introduced in multiple states, which led to Vermont’s first-in-the-country single-use household battery EPR law (2014) and the District of Columbia’s first-in-the-nation single-use and rechargeable battery law that also covers battery-containing products (2021).  

Newsom also signed SB 1215, the AB 2240 companion bill, which was stripped of its EPR elements but still amends California’s existing electronics recycling law to include batteries that are “embedded” in products and not designed to be easily removed. 

by Scott Cassel, CEO and Founder 

We’re thrilled to announce our partnership with LANDBELL GROUP, which delivers chemical stewardship and risk assessment services in the United States and Canada through its consultancy, H2 Compliance. Established as a packaging compliance scheme in Germany in 1995, LANDBELL GROUP has since evolved into a global platform for EPR and regulatory compliance and is now a leading provider of environmental and chemical compliance solutions with local expertise and global presence. With its comprehensive core services – compliance, consulting and software – LANDBELL GROUP helps companies meet their EPR obligations worldwide. The company’s PROs have collected and treated more than 10 million tonnes of waste batteries, electronics, and packaging.

LANDBELL GROUP is a recognised expert for waste portable battery compliance and takeback, having collected and treated over 100,000 tonnes of waste portable batteries; with an established reverse supply chain in over 40 countries, LANDBELL GROUP also has more than 10 years’ experience managing international takeback activities for lithium batteries. The company will present our forthcoming “Powering Up for Battery EPR” webinar, with panelist Martin Tobin, CEO of European Recycling Platform (ERP) in Ireland. ERP, a LANDBELL GROUP company, is the only multi-national organisation operating producer responsibility organisations (PROs) for batteries, packaging and WEEE in 16 countries for over 38,000 companies, and Martin is a key member of LANDBELL GROUP’s global leadership team. ERP is actively involved in the proposed revision of the European Union’s Battery Directive, contributing its experience and expertise to the ongoing discussions.

Recently, LANDBELL GROUP began a takeback program in the USA and Canada for ICT equipment; it also delivers environmental compliance services, such as registration and reporting, to ensure producers meet their extended producer responsibility (EPR) obligations in the relevant US and Canadian states and provinces. With LANDBELL GROUP’s Knowledge Database (KDB), the company offers a web-based regulatory information service, which provides relevant information on EPR globally. The KDB covers more than 180 jurisdictions, including 28 states in the USA, and all Canadian provinces and territories.

In the United States and Canada, H2 Compliance supports North American and pharmaceutical businesses with chemical services, providing technical and strategic support for global chemical control regulations; for example, TSCA and EU REACH, and hazard communication services such as Safety Data Sheets. Last month, the Resource Productivity and Recovery Authority in Ontario, Canada registered H2 Compliance as a producer responsibility organization, which will provide collection, management and administrative services to help producers meet their regulatory obligations under the EEE and Batteries Regulations.

For more information, please visit: www.landbell-group.com

Every two weeks, PSI members and partners receive updates on product stewardship news from around the world. A recent NY Times article on battery recycling caught my attention because it illustrated how product sustainability requires a full lifecycle perspective — not only a focus on end of life. The December 8 front-page story described how processing methods used at a Mexican plant for recycling vehicle and industrial batteries from the U.S. are poisoning workers and citizens. The batteries are recovered — mostly voluntarily — at a very high rate in the U.S., without the need for an extended producer responsibility system, because there is great demand for the lead in the batteries. However, those collecting the batteries are skirting U.S. laws by shipping the batteries to poorly run facilities in Mexico. The money saved by companies is at the expense of the health of workers, citizens, and the environment. It is also at the expense of U.S. companies that are abiding by more protective standards in the U.S. There is truly no such thing as a free lunch. We need to level the global playing field so that U.S. companies do not lose business to companies operating abroad under insufficient standards. We should require U.S. companies to certify that they are using material processors that truly protect the environment all throughout the product lifecycle. This is real product sustainability. It is time for U.S. citizens to demand global environmental and social standards of protection for the products they consume.