Battery producers would fund free drop-off collection across Iowa

Battery producers would submit collection and recycling plans to the Iowa Department of Natural Resources for approval. Approved plans would collect covered batteries from anyone, regardless of brand. Larger covered batteries would go only to staffed sites that meet safety rules. Covered batteries would weigh up to 25 pounds. Rechargeable batteries would also have a limit of 2,000 watt-hours. Exclusions would include vehicle batteries, lead-acid batteries, batteries containing free liquid, and batteries users cannot easily remove with common household tools. Batteries in federally regulated medical devices not designed or marketed for retail sale for personal use would also be excluded. Operators would not have to accept whole products or batteries still inside them. Each plan operator would pay $100,000 upon plan approval or January 1, 2027, whichever is later, and annually thereafter. Operators would cover program costs and reimburse local governments for proven collection-site costs. Portable-battery sites would reach at least 95 percent of residents within 15 miles. Larger covered batteries would have at least 10 sites spread across Iowa and events at least every three years in counties without permanent sites. Producers would submit plans by January 1, 2027. The required collection network would be in place no later than December 31, 2028.

Producers and retailers would sell covered batteries and products only when the producer operates under an approved plan and the batteries meet applicable marking rules. These rules would cover sales within and into Iowa. The rules for products containing batteries would exclude listed electronics, including computers, televisions, and video game consoles. Retailers would be exempt from the approved-plan sales restriction if the state's website listed the producer or brand as covered when the item was made available for retail sale. Producer-identification markings would not be required if a battery is less than one-half inch in diameter or has no surface longer than one-half inch. Violations other than individual disposal violations could bring penalties up to $10,000 each. Unpaid fees would instead bring a penalty twice the fee. Knowingly making an important false statement to the Iowa Department of Natural Resources would be a felony. The plan and producer-marking sales rules would apply on and after January 1, 2028. Chemistry markings and warnings against household disposal would apply on and after January 1, 2029.

People would take covered batteries to approved collection sites or events unless they manage them separately as hazardous waste. These rules would apply to people disposing of the portable and medium-size batteries covered by the program. People could not knowingly mix covered batteries with ordinary trash or recycling, put them in landfills, or burn them. Waste facilities would be protected from violations if they clearly posted that covered batteries must go to program collection sites and are not accepted for disposal. Waste collectors would be protected when someone else puts a battery in a disposal container. The bill's general monetary penalties and court orders stopping violations would not apply to these individual disposal rules.

Approved plan operators could sue to recover certain battery-handling costs. Businesses would receive protection from certain lawsuits for conduct that follows an approved plan. The legal protections would cover producers, retailers, and plan operators. Only operators implementing approved plans would have these rights to sue. A claim against a producer selling without an approved plan would require the operator to have incurred more than $1,000 in handling costs for that producer's batteries or products. Operators could also seek handling costs from producers of recalled batteries and costs from other operators that fail to meet their approved plans. Protection would cover claims under competition laws and laws against fraudulent, deceptive, or unfair trade practices, but only for conduct that complies with an approved plan.

The Iowa Department of Natural Resources would review plans, publish program information, and study whether other batteries and products should be covered. The study would examine batteries and products outside the program. Its recommendations would not themselves bring those items into the program. The agency would allow 30 days for written public comments on proposed plans and major amendments. It would approve, conditionally approve, or deny them within 120 days of receipt, including the comment period. Approved plans, collection-site lists, and annual reports would be public, but confidential business information would stay private. Plan operators would report annually and arrange a one-time independent audit after five years of implementation. A dedicated account receiving program fees and other deposits would pay for state oversight. Operators would report by June 1, 2029, and each June 1 thereafter. The agency's study report would be due by May 30, 2028. Its account-spending reports would be due annually on or before January 1.