Nebraska enforces Safe Battery Collection Act with penalties for violations

The Nebraska State Legislature convened on January 17, 2025, to introduce Legislature Bill 309, aimed at enhancing the management and recycling of covered batteries through a structured stewardship program. This bill seeks to address the growing environmental concerns associated with battery disposal and the potential hazards posed by improper handling.

Key provisions of LB 309 establish a framework for battery stewardship organizations to manage the collection and recycling of covered batteries. The bill mandates that these batteries must be disposed of at designated collection sites, explicitly stating that they are not accepted in regular waste disposal. This initiative is designed to mitigate the environmental impact of battery waste, which can contain harmful substances.

The legislation outlines penalties for violations, imposing a civil penalty of $10,000 for each infraction related to the Safe Battery Collection and Recycling Act. Additionally, individuals who knowingly provide false information regarding battery stewardship plans could face a Class IV felony charge. The Attorney General or county attorneys are empowered to take legal action against violators, further reinforcing the bill's enforcement mechanisms.

Debate surrounding LB 309 has highlighted concerns about the feasibility of establishing adequate collection sites and the potential economic burden on consumers and businesses. Proponents argue that the bill is a necessary step toward sustainable waste management, while opponents caution against the implications for small businesses involved in battery sales and disposal.

The bill also includes a provision for the Nebraska Department of Environment and Energy to review studies from other states, such as Illinois, Vermont, and Washington, to assess whether additional products should be included under the stewardship program by 2028. This forward-looking approach indicates a commitment to evolving the legislation based on best practices and emerging environmental data.

As the bill progresses through the legislative process, its implications could resonate beyond Nebraska, potentially influencing similar initiatives in other states. The outcome of LB 309 may set a precedent for how battery waste is managed nationally, reflecting a growing recognition of the need for responsible environmental stewardship.