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HF 4997

Safe Battery Collection and Recycling Stewardship Act enacted, covered electronics device manufacturer electronic waste recycling program established, Electronics Recycling Advisory Task Force established, civil penalties created, and money appropriated.

2025-2026 Regular Session Introduced by Joe McDonald

Establishes a statewide, producer-financed system for battery and e-waste collection, processing, and recycling with defined targets, site access, and strict producer responsibilit

Introduction and first reading, referred to Environment and Natural Resources Finance and Policy
#appropriations #environment #wasteandwastemanagement
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Bill Summary · HF 4997

Summary of HF 4997 (Safe Battery Collection and Recycling Stewardship Act; Minnesota)

Date: 2026 (Session: 2025-2026) | Jurisdiction: Minnesota

This bill enacts a comprehensive battery stewardship framework and a separate Electronics Recycling program, creates an Electronics Recycling Advisory Task Force, establishes penalties, permits rulemaking, and authorizes funding and reporting. It repeals several existing statutes and consolidates e-waste and battery-related requirements into new chapters.

1) Purpose and overall goal

  • Establish a state-wide, producer-financed system for the collection, transportation, processing, and environmentally sound management of battery-containing products and covered batteries.
  • Create a parallel framework for managing covered electronic devices (e-waste) via a manufacturer e-waste program, with statewide collection, reporting, and accountability requirements.
  • Improve environmental protection, public health, and recycling outcomes while ensuring financial sustainability and clarity of responsibilities among producers, retailers, collectors, and local governments.

2) Key provisions and changes

A. Battery Stewardship (Article 1: 115A.9165 to 115A.9184)

  • Short title: “Safe Battery Collection and Recycling Stewardship Act.”
  • Definitions streamlined for batteries:
    • Battery-containing product, covered battery, portable/medium-format/primary/rechargeable battery, battery stewardship organization, and related terms.
    • Distinguishes batteries excluded from certain coverage (e.g., medical devices, vehicle batteries, non-removable batteries, etc.).
  • Producer responsibilities (Section 115A.9167; 115A.9168):
    • Producers may participate directly or via stewardship organizations.
    • By 2028, producers cannot sell, offer for sale, or distribute covered batteries unless they participate in a stewardship program.

  • Stewardship plans (Section 115A.9169):

    • Plans must include participating producers, program operations, end-of-life management facilities, collection site criteria, and coordination with other plans.
    • Commissioner review and time-bound approval/disapproval (120 days for initial review; revisions within defined timeframes).
    • Public comment on drafts (minimum 30 days).

  • Performance goals (Section 115A.9170):

    • Annual goals for battery collections, public awareness, and recycling efficiency (60% for rechargeable; 70% for primary).
    • Goals cannot be used to reduce ongoing collection activities.

  • Funding and costs (Section 115A.9171):

    • Stewardship plans must be fully funded, with producer fees covering collection, transport, processing, administration, and local government reimbursement.
    • Prohibits point-of-sale charges to cover program costs.

  • Collection and management requirements (Section 115A.9172):

    • Statewide collection availability for all battery types on free, accessible terms.
    • Coordination among multiple plans to avoid duplication.
    • Specific collection site requirements by battery type:
    • Portable batteries: statewide access within two years of plan approval; certain density requirements (e.g., 30k residents per permanent site; 95% within 15 miles).
    • Medium-format batteries: at least 10 permanent sites in first five years; progression to at least one site per county with 200k+ population after initial period; triannual county collection events where necessary.
    • Collection site operations: proper containers, signage, safety training, and compliance with regulations.
    • Reimbursement for collection of recalled batteries; use of existing services and facilities where feasible.
    • Suspension/termination authority for noncompliant sites.

  • Education and outreach (Section 115A.9173):

    • Establish a program website, social media presence, promotional materials, and safety/recall education for sites and retailers.

  • Reporting (Section 115A.9174):

    • Annual reports detailing finances, battery weights by chemistry, facilities, collection rates, education activities, site lists with locations, processing details, and progress toward performance goals.
    • Five-year independent assessment requirement to evaluate program effectiveness and cost-efficiency, with a report to the Legislature and ranking members.

  • Fees and agency responsibilities (Section 115A.9175):

    • One-time plan/revision/amendment review fees (amounts placeholders in text).
    • Annual fees to fund agency administration (to be set to cover costs but not exceed necessary amounts).
    • Public postings of participating manufacturers, plans, and fee information.
    • Technical assistance to producers/retailers.

  • Penalties (Section 115A.9176):

    • Civil penalties of $2,500 per violation for failure to comply with 115A.9165–115A.9184; double the applicable fee if a fee is unpaid.
    • No penalties for improper disposal in residential/noncommercial settings.

  • Marking and retailer requirements (Sections 115A.9177 to 115A.9179):

    • Marking: begun Jan 1, 2028, batteries must bear producer and chemistry identification and disposal instructions; packaging exceptions allowed in certain forms.
    • Retailer requirements (July 1, 2028): retailers may not sell unless producer confirms plan participation and battery shows proper markings; retailer may rely on agency website for plan participation status.
    • Retailers not required to be collection sites, but must comply if they operate as such.

  • Disposal prohibition (Section 115A.9183 to 115A.9184):

    • Prohibits disposal of covered batteries in solid waste facilities; prohibits disposal in mixed recyclables without designation for batteries.
    • Clear signage at facilities; effective January 1, 2028.

  • Effective date and severability:

    • Battery provisions effective January 1, 2028; general severability preserved; repeals targeted Minnesota statutes (2024) related to prior battery/e-waste programs.

B. Electronic Waste (E-Waste) Program (Article 2: 115A.1341 et seq.)

  • Definitions (115A.1341) to cover covered electronic devices (CEDs), manufacturers, retailers, collection sites, recyclers, etc.
  • Manufacturer and retailer requirements (115A.1342; 115A.1343):
    • By July 1, 2027, manufacturers must register, list brands, and indicate whether they participate as part of a group or clearinghouse.
    • Registration fees set annually to fund the program; fees based on market share and prior-year costs.
    • By 2027, manufacturers must submit a plan for a manufacturer e-waste program (MEWP) to collect, transport, and recycle CEDs; include cost allocation, collection standards, and outreach obligations.
    • MEWP plans must ensure free collection for residents, with clear standards for recyclers and certification (R2/e-Stewards).
  • MEWP plan approval and oversight (115A.1345; 115A.1346):
    • Commissioner approves/rejects plans within set timelines; enforcement and noncompliance refer to the commissioner (not direct enforcement by MEWP operator).
    • Provisions for handling noncompliance, and avoidance of anticompetitive conduct (antitrust protections for MEWP participants, with oversight by authorities).
  • Independent MEWP operations (115A.1350 et seq.):
    • Independent right to operate collection/recycling outside MEWP, with standards for coordination and reporting.
    • Post-collection reporting requirements: annual reporting by MEWP operators detailing site weights, facility processing, and public awareness efforts.
  • Collection site requirements (115A.1344; 115A.1348):
    • Statewide collection site coverage; defined minimum site counts and geographic distribution; emphasis on accessibility (e.g., 90% of residents within 15 miles of a site; at least one site per county; per-city site requirements based on population).
    • Requirement to maintain listing of participating sites, recyclers, and brands; public postings of compliance data.
  • Fees and reporting:
    • Plan-specific and MEWP operation costs funded by registration fees; annual reporting and record retention requirements (three years minimum).
  • Private right of action for e-waste:
    • MEWP may sue nonparticipating producers to recover costs; producers may sue for noncompliance by MEWP or other parties (civil actions outlined with cost-recovery provisions).
  • Manufacturer anti-competitive provisions:
    • Limited antitrust immunity for MEWP participants acting within the program framework, with supervision by state agencies as necessary.
  • Purchase requirements by state agencies (115A.1351):
    • State procurements must comply with these sections; contracting sanctions for violations, including voiding contracts and potential suspension/disbarment.

3) Who and what is affected

  • Producers of covered batteries and battery-containing products.
  • Battery stewardship organizations and battery producers (including potential clearinghouses).
  • Retailers selling covered batteries and battery-containing products.
  • Collection sites, municipalities, waste management facilities, and household hazardous waste programs.
  • Local governments and solid waste infrastructure (cost-sharing and site operations).
  • Manufacturers of covered electronic devices and those participating in MEWP or independent e-waste programs.
  • Recyclers and processing facilities (R2/e-Stewards certified entities).
  • Consumers and households (through expanded collection points and education).
  • State agencies (Pollution Control Agency, Department of Administration, and related oversight bodies).

4) Procedural and timeline aspects

  • Effective dates:
    • Battery provisions: January 1, 2028.
    • E-waste program (MEWP) operations and reporting: plan years begin February 1 of each year; various reporting timelines; facility/collection requirements phased in over time (e.g., 2027–2028 for producer registrations; July 1, 2027 for MEWP plans).
  • Public participation and transparency:
    • Public posting of plans, amendments, and annual reports on the state agency website.
  • Inspections and enforcement:
    • Penalties for noncompliance; authority to refer to commissioners for enforcement; private rights of action for certain cost-recovery against nonparticipating producers or underperforming MEWPs.
  • Repeal and modernization:
    • Repeals several existing 2024 provisions (124+ sections) related to prior battery/e-waste statutes, consolidating them into the new framework.

5) Notable details

  • Recycling efficiency and performance targets are explicit (60% for rechargeable; 70% for primary batteries).
  • Clear site-density and geography requirements for both portable and medium-format batteries, including long-range planning for counties and cities.
  • Independent MEWP oversight and a biennial (every two years) reporting cycle to legislators after the initial years.
  • Antitrust protections for MEWP participants within the authorized framework.
  • Civil penalties for violations: $2,500 per violation; penalties for unpaid fees equal double the fee.
  • Marks and labeling requirements for batteries beginning in 2028, with retailer compliance standards by 2028–2029 depending on rollout.

This act represents a sweeping framework to modernize Minnesota’s approach to battery and electronics end-of-life management, balancing producer responsibility, consumer access, and environmental safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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