Meant to address the growing issues of battery safety and waste management, LB36 – the Safe Battery Collection and Recycling Act was signed into law on 20 May 2025, becoming Nebraska’s first EPR law.
The Safe Battery Collection and Recycling Act mandates the establishment of Battery Stewardship Organizations (BSO), will require specific battery labeling, and bans battery incineration or landfill disposal.
This Act does not have any recycling targets, but does require regular reviews of recycling activities, and comparisons against what is happening in Illinois, Vermont, and Washington state, which also have battery EPR laws.
Obligated parties:
Producers – a person that sells, offers for sale, or distributes for sale a covered battery or battery containing product (a product that contains or is packaged with a covered battery).
In-scope batteries:
Portable and medium-format batteries. Medium format battery means any of the following:
(a) For batteries that are not capable of being recharged, a battery that weighs more than 4.4 pounds but not more than 25 pounds; or
(b) For rechargeable batteries, a battery that weighs more than 11 pounds or that has a rating of more than 300 watt-hours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watt-hours
Portable battery means any of the following:
(a) For batteries that are not capable of being recharged, a battery that weighs no more than 4.4 pounds; or
(b) For rechargeable batteries, a battery that weighs no more than 11 pounds and that has a rating of no more than 300 watt-hours
Out of scope batteries:
Batteries that are less than 1/2 inch thick in diameter, that contain an electrolyte as a free liquid, are for use in motor vehicles or medical devices, is in a product that is not intended or designed to be easily removable from the product; or is not designed or marketed for sale or resale at retail locations for personal use
Obligations:
BSO in addition to establishing battery collection and recycling programs, BSOs must also track and report on consumer awareness, collection success, and recycling efficiency.
Producers must join a BSO, label their products, and submit annual reports to the BSO that include the weight of batteries sold and collected by battery chemistry.
Key Dates:
- 2026 – Nebraska Department of Environment and Energy begins rulemaking
- 1 January 2027 – Battery Stewardship Organizations (BSO) must file a plan for review and approval
- 1 January 2028 – Producers must join a Battery BSO, and disposal of batteries in landfills is banned
- 1 January 2029 – All batteries must be labeled with producer identification, chemistry type, and proper disposal information
- 1 June 2029 – BSO must file first annual report
Get a charge out of batteries or staying informed about new EPR laws? Contact H2 Compliance sales@erpsas.onmicrosoft.com
Published May 28, 2025
This article was generated with the assistance of Artificial Intelligence.