Committee adopts amendment for battery‑recycling stewardship program; agencies and retailers weigh in

Environment and Agriculture Committee · February 3, 2026

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Summary

The committee approved an amendment to HB 16-02 creating a producer-funded battery stewardship program that allows independent collectors to operate with reporting requirements; stakeholders negotiated provisions on material forfeiture, data reporting, and antitrust waivers.

The committee considered a comprehensive amendment to HB 16-02 to establish a battery recycling stewardship program. Representative Ebel, who chairs the Solid Waste Working Group, and Representative Freeman explained the amendment is the product of negotiations among producers, independent collectors, recyclers and the Retailers Association. Key provisions include: statewide stewardship plans submitted to DES, free collection of batteries by stewardship organizations, reporting of quantities and locations, and a compromise that allows independent collectors to retain fees for materials they collect while requiring reporting and, where agreed, transfer to a stewardship organization.

Speakers from industry (PRBA, Redwood) and state officials described antitrust and logistics concerns: producers seek a limited antitrust waiver to coordinate this producer-funded effort, independent collectors asked for a level playing field, and retailers asked that the statute avoid duplicative requirements if other stewardship programs overlap in future. Committee members discussed cost implications and whether municipalities or producers would bear disposal costs; witnesses said the stewardship model internalizes costs and may reduce municipal burdens.

The committee adopted the amendment and moved HB 16-02 out (OTPA) with the amendment, and recommended putting it on the consent calendar.