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A BILL TO BE ENTITLED
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AN ACT
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relating to the recycling and disposal of consumer energy storage |
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modules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 361, Health and Safety Code, is amended |
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by adding Subchapter P to read as follows: |
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SUBCHAPTER P. CONSUMER ENERGY STORAGE MODULES |
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Sec. 361.471. DEFINITIONS. In this subchapter: |
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(1) "Consumer energy storage module" means a battery |
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or other electrochemical device that stores chemical energy and |
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transforms it into electrical energy to power a consumer product or |
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electronic device. |
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(2) "Steward organization" means a group consisting of |
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consumer energy storage module manufacturers, product |
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manufacturers, or other members organized to promote the recycling |
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of consumer energy storage modules. |
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Sec. 361.472. APPLICABILITY. This subchapter does not |
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apply to: |
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(1) a lead-acid battery governed by Subchapter O; |
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(2) an alkaline battery; or |
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(3) a battery that the commission by rule determines |
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is safe for disposal. |
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Sec. 361.473. PLACEMENT IN CERTAIN SOLID WASTE DISPOSAL OR |
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RECYCLING STREAMS PROHIBITED. (a) Except as provided by |
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Subsection (b), a person may not place a consumer energy storage |
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module in: |
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(1) a mixed municipal solid waste facility or curbside |
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collection receptacle; |
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(2) a mixed metal recycling collection facility or |
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curbside collection receptacle; or |
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(3) a municipal mixed recyclable material collection |
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facility or curbside collection receptacle. |
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(b) This section does not apply to the placement of a |
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consumer energy storage module in a facility or receptacle |
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described by Subsection (a) in accordance with a local program that |
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provides for the collection for recycling of a consumer energy |
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storage module at a facility or by curbside collection. |
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Sec. 361.474. LIMITED LIABILITY FOR CERTAIN VIOLATIONS. |
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Notwithstanding any other law, an individual consumer is not |
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subject to civil, administrative, or criminal liability under |
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Chapter 7, Water Code, for a violation of Section 361.473 that is |
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inadvertent or incidental to noncommercial household use of a |
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consumer energy storage module. |
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Sec. 361.475. NO DUTY OF CERTAIN FACILITY OPERATORS. |
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Notwithstanding any other law, the owner or operator of a solid |
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waste disposal facility, mixed metal recycling collection |
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facility, or municipal mixed recyclable material collection |
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facility: |
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(1) is not subject to civil, administrative, or |
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criminal liability under Chapter 7, Water Code, if: |
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(A) a person places a consumer energy storage |
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module in the owner's or operator's facility; or |
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(B) a consumer energy storage module otherwise |
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arrives at the owner's or operator's facility through the |
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collection of solid waste or recyclable material for disposal or |
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recycling at the facility; and |
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(2) has no duty to locate or remove a consumer energy |
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storage module placed in or otherwise collected by the owner's or |
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operator's facility. |
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Sec. 361.476. COMMISSION RULEMAKING REGARDING |
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IDENTIFICATION OF COLLECTION BUSINESSES OR FACILITIES AND |
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BATTERIES SAFE FOR DISPOSAL. The commission by rule shall |
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identify: |
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(1) businesses or facilities in this state where an |
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individual consumer, steward organization, or other person may |
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place or deliver a consumer energy storage module for recycling or |
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disposal; and |
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(2) types of batteries that the commission determines |
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are safe for disposal for purposes of Section 361.472(3). |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules necessary to implement the changes in law made by this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2025. |