Oregon would set statewide rules for managing covered batteries

Covered producers would have to join a battery producer responsibility organization before selling, offering, or distributing covered products in Oregon. This applies to producers of portable and medium-format batteries and products containing those batteries, with exceptions for certain medical, vehicle, storage, recalled, and other batteries. The organization must operate a program approved by the Department of Environmental Quality. The producer remains responsible even when it delegates program duties to the organization. Producers would pay membership fees, while consumers and other covered entities could not be charged for required program services at the point of sale or collection. An initial program plan would be due by September 1, 2028, and the program would have to be operating by July 1, 2029.

Battery producer responsibility organizations would have to provide statewide battery collection and responsible management services. Portable batteries would need collection sites covering 95 percent of Oregon residents within 15 miles, with additional location rules for counties and cities. Medium-format and damaged or defective batteries would need at least one free collection option in every county. Collection sites would accept covered battery brands and types at no cost to covered entities, except that the portable-battery site rule does not cover medium-format batteries. Organizations would pay collection and management costs, with exceptions for some retail and subscription-service collection. Programs would need trained staff, public education, safety practices, tracking, audits, and delivery to responsible recycling or disposal markets. These service requirements would apply when an approved battery producer responsibility program operates; the initial program must be operational by July 1, 2029.

People would be prohibited from knowingly disposing of covered batteries in mixed municipal solid waste, and the Department of Environmental Quality could issue penalties for violations. The disposal rule applies to covered batteries. Producers and battery responsibility organizations could face daily penalties of up to $10,000 for a producer’s failure to join a required organization and up to $1,000 for other violations. A disposal site would not violate the disposal rule if it posts a visible sign directing the public to a battery producer responsibility program. The department could inspect property, order compliance, impose civil penalties, and suspend or revoke a program plan when violations threaten the environment or public health or materially affect the program.