Indiana would require approved recycling plans for covered battery sales

Retailers could sell covered batteries and products containing or packaged with them only when the producer joins a recycling group and the battery is approved under its plan. The rule covers portable and medium-sized batteries and some products containing or packaged with them. Exclusions include vehicle batteries, batteries that cannot easily be removed from products, and recalled batteries. Many electronics are also excluded. The state would review recycling plans before approving them. The sales rule would begin January 1, 2030.

Recycling groups would submit plans to the state and collect loose covered batteries. The collection duty covers loose covered batteries. Plans must list collection sites and set collection and recycling goals. Plans must pay local governments for collecting covered batteries. Groups would pay state review and yearly fees, but could not charge consumers to fund the plans. Groups could choose whether to collect products containing batteries or recalled items. If enacted, these provisions would take effect July 1, 2026.

Covered batteries would carry the responsible company’s name, their chemical type, and a warning against ordinary trash disposal. The rule applies if a covered battery is at least half an inch in diameter or has a surface longer than half an inch. If a battery fits completely into the specified small-parts test cylinder, the company name and trash warning would go on its packaging. The marking rule would begin January 1, 2030.

People could not knowingly send covered batteries to a disposal facility without hazardous waste approval. It covers portable and medium-sized batteries that are not excluded from the program. The rule applies when someone knowingly causes or allows the disposal. Breaking this rule would bring no penalty under state law, and a violation would not give someone grounds to sue. The disposal rule would begin January 1, 2029.

Indiana would exempt producers and their recycling groups from state competition rules for program work. It would cover planning, reporting, and running a battery recycling program. The exemption would cover decisions about plan costs and the types or amounts of batteries handled. It would also cover plans the state has not approved or has denied. If enacted, the exemption would take effect July 1, 2026.