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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1907 By: Alonso-Sandoval
AS INTRODUCED
An Act relating to the environment; creating the
Battery Stewardship Act; defining terms; restricting
the sale of certain batter ies unless in compliance ;
making certain exceptions; requiring submittal of
certain plan for review; requiring operation under
certain plan; limiting term of plan; listing
requirements of plan; requiring certain calculation
of cost; requiring payment of ce rtain annual fee;
requiring deposit of collected fees into certain
fund; authorizing adjustment of certain fee;
requiring certain annual report; listing certain
report content requirements; requiring certain public
awareness survey; stating survey requirem ents;
requiring certain audit; stating audit requirements;
requiring submission of audit results; requiring
certain materials be provided; requiring the
collection and recycling of certain batteries;
authorizing certain separate collection facilities;
requiring convenient collection points; requiring
certain targets be met; requirin g annual reports
contain certain details; listing details; providing
for certain punishments; requiring certain
collections be used; creating penalty for certain
improper disposal; allowing certain requirements to
be met by certain participation; requiring Department
of Environmental Quality to make certain
determination; requiring certain notification;
providing for the submission of revised plan;
allowing certain plans to be dee med approved if no
action taken; prohibiting amendments to plan unless
approved; authorizing Department to require certain
amendments to approved plans; authorizing the
revocation of certain plans; authorizing Department
to make certain determination ; requiring Department
maintain certain plans and plan information on its
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website; requiring Department promote certain public
participation; stating certain information shall not
be made public; allowing for certain information to
be summarized or redacted; mak ing certain exception;
requiring each county have certain facility;
providing certain alternatives; requiring Department
provide certain report; stating report requirements;
authorizing the promulgation of rules; authorizing
certain reimbursement; allowing reimbursement after
certain occurrences; allowing request of certain
independent audit; requiring payment of certain costs
and requested reimbursement; authorizing certain
cause of action if certain conditions are met;
establishing fine for violations; pr oviding for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2120 of Title 27 A, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Battery
Stewardship Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as S ection 2121 of Title 27A, unless there
is created a duplication in numbering, reads as follows:
As used in the Battery Stewardship Act:
1. "Department" means the Oklahoma Department of Environmental
Quality or its successor agency ;
2. "Collection rate" means the total weight of covered
batteries collected in this state by a producer in a calendar year
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divided by the average annual weight of covered batteries estimated
to have been sold in this state by that producer during the same
calendar year and the p revious two (2) calendar years;
3. "Covered battery" means a portable battery or a medium
format battery, regardless of the end user, sold for:
a. residential purposes,
b. commercial, industrial, institutional purposes,
hereinafter referred to as "B2B bat teries" or
"Business-to-Business batteries".
4. "Covered battery" does not include any of the following:
a. a battery, contained in a medical device that is
regulated under the federal Food, Drug , and Cosmetic
Act, 21 U.S.C., Sections 301 to 394, that is not
designed or marketed for sale or resale at retail
locations for personal u se,
b. a battery that contains an electrolyte as a free
liquid,
c. a lead acid battery,
d. a vehicle battery, or
e. a battery in a battery -containing product that is not
intended or designed to be easily removable from the
battery-containing product;
5. "Covered Entities" means:
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a. producers who are manufacturers, importers, or
distributors of covered batteries sold in Oklahoma,
b. retailers who are entities selling covered batte ries
directly to consumers or businesses in Oklahoma, and
c. end users who are:
(1) residential consumers, or
(2) businesses that are organizations purchasing
batteries for commercial, industrial, or
institutional purposes.
6. "Medium-format battery" means the following primary or
rechargeable covered batteries:
a. for rechargeable batteries, a battery weighing more
than 11 pounds or having a rating of more than 300
watt-hours, or both, and no more than 25 pounds and
having a rating of no more than 2,000 watt-hours, or
b. for primary batteries, a battery weighing at least 4.4
pounds, but not more than 25 pounds.
7. "Portable battery" means the following primary or
rechargeable covered batteries:
a. for rechargeable batteries, a battery weighing no more
than 11 pounds and having a rating of no more than 300
watt-hours, or
b. for primary batteries, a battery weighing no more than
4.4 pounds.
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8. "Primary battery" means a battery that is not capable of
being recharged.
9. "Producer" means a person that sells , offers for sale, or
distributes for sale a covered battery in or into this s tate and
that qualifies as any of the following:
a. if the covered battery is sold under a brand of the
battery's manufacturer, the person that manufactures
the battery,
b. if the covered battery is sold under a retail brand or
under a brand owned by a person other than the
battery's manufacturer, the person that owns the
brand,
c. if subparagraphs a and b of this paragraph do not
apply, the person that is the licensee of a brand or
trademark under which the covered battery is sold,
offered for sale, or dis tributed for sale in or into
this state, regardless of whether the trademark is
registered in this state ,
d. if subparagraphs a, b, or c of this paragraph do not
apply to any person within the United States, the
person that is the importer of record for the covered
battery into the United States for the purpose of
selling, offering for sale, or distributing for sale
the battery in or into this state , and
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e. if subparagraphs a, b, c, or d of this paragraph do
not apply to any person with a commercial presenc e in
this state, the person who first sells, offers for
sale, or distributes for sale the covered battery in
or into this state;
10. "Rechargeable battery " means a battery that contains one or
more voltaic or galvanic cells electrically connected to produce
electric energy and that is designed to be recharged;
11 "Recycling" means preparing covered batteries for use in
manufacturing processes or for recovery of usable materials and
delivering the materials for use. Recycling does not include
destruction by incineration or other processes or land disposal of
recyclable materials and does not include reuse, repair, or any
other process through which batteries are returned in their original
form; and
12. "Retailer" means a person who offers a battery for sale in
this state by any means, including via online sales.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2122 of Title 27A, unless there
is created a duplication in numbering, reads as fo llows:
A. Beginning on January 1, 2027, no producer may sell, offer
for sale, or distribute for sale in or into this state any covered
battery unless the producer is in complian ce with the requirements
of Section 4 of this act.
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B. Beginning on January 1, 2027, no retailer may sell or offer
for sale in this state any covered battery unless the producer of
the battery is in compliance with the requirements of Section 4 of
this act. This paragraph does not apply to covered batteries for
which any of the fol lowing apply:
1. The retailer purchases the covered battery before January 1,
2027, and sells the battery on or before January 1, 2028; or
2. If the producer's battery stewardship plan under Section 4
of this act is expired or has been revoked, the retailer purchased
the covered battery before the producer 's battery stewardship plan
expired or was revoked.
SECTION 4. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 2123 of Title 27A, unless there
is created a duplication in numbering, reads as follows:
A. No later than June 1, 2026, each producer shall submit a
battery stewardship plan to the Department of Environmental Qual ity
for review. No later than January 1, 2027, each producer shall
operate under an approved battery stewardship plan. A battery
stewardship plan submitted to the Department shall have a term of no
more than five (5) years and shall include all of the fo llowing:
1. If the producer is a member of a battery stewardship
organization pursuant to Section 5 of this act, the names and
contact information for each of the producers in the battery
stewardship organization;
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2. The brands of all of the covered batt eries that the producer
sells, offers for sale, or distributes for sale in or into this
state. All such brands shall be covered by the battery stewardship
plan;
3. Provisions for collecting covered batteries at no cost to
the end user, regardless of the brand or producer of the covered
battery and provisions for collecting damaged , defective, or
recalled batteries considering storage container requirements or
other safety measures ;
4. A process for providing packaging, consistent with any state
and federal requirements related to transporting hazardous
materials, for the safe collection and transportation of covered
batteries. Such packaging shall be provided at no cost if the
purpose of the packaging will be to collect and transport damaged,
defective, or recalled covered batteries;
5. A process for allowing retailers, municipal ities, and solid
waste facilities to opt in to being a collection facility under the
plan;
6. The name, address, and contact information of at least one
(1) collection facility in each county in this state that will
provide covered battery collection throughout the calendar year;
7. The name, address, and contact information of any
transporter or contractor that will collect covered batteries from
collection facilities and a sta tement as to whether such
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transporters or contractors have obtained the necessary state and
federal licenses for transporting batteries; and the name, address,
and contact information of any recycling facility that will process
the collected batteries;
8. A provision that ensures that each collection facility will
accept up to one hundred covered batteries per person per visit. A
collection facility may agree to accept more covered batteries per
person per visit;
9. A method for responsibly managing coll ected covered
batteries to ensure that all of the components of collected
batteries are recycled, to the extent economically and technically
feasible, and that any components or batteries that cannot be
recycled are properly disposed of;
10. A description of an education and outreach program that the
producer will undertake to provide notice of the producer 's covered
battery collection program to businesses, municipalities, solid
waste facilities, retailers, and transporters; to provide
information about available safety training for collection
facilities; and to notify the public t hat there is a free covered
battery collection program and the location of collection
facilities. If more than one producer has an approved battery
stewardship plan, all produce rs with an approved battery stewardship
plan shall coordinate in carrying out their education and outreach
programs;
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11. A description of how the producer will develop strategies,
in consultation with the Department and other relevant parties, for
collecting covered batteries in areas and communities that face
environmental justice challenges associated with waste management;
12. A procedure for collecting and providing reimbursement
pursuant to Section 7 of this act;
13. a. each battery stewardship pla n shall include
performance goals that measure, on an annual basis,
the achievements of the program. Performance goals
must take into consideration technical feasibility and
economic practicality in achieving continuous,
meaningful progress in improving:
(1) the rate of battery collection for recycling in
Oklahoma,
(2) the recycling efficiency of the program, and
(3) public awareness of the program;
b. the performance goals established in each battery
stewardship plan shall include, but are not limited
to:
(1) target collection rates,
(2) target recycling efficiency rates of at least
sixty percent (60%) for rechargeable batteries
and at least seventy percent (70%) for primary
batteries, and
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(3) goals for public awareness, convenience, and
accessibility that meet or exceed the minimum
requirements established in Oklahoma Statute.
15. A description of how the producer and the collection
facilities identified in the plan will implement the program
described in the plan, including providing products and equipme nt to
collection facilities to set up a collection site and providing for
the management and transportation of collected covered batteries ;
and
16. Methods for safe recycling or disposal that adhere to
environmental, transportation , and Occupational Safet y and Health
Administration (OSHA) standards and regulations.
B. The Department of Environmental Quality shall calculate the
total cost of administering and implementing the battery stewardship
program on an annual basis. This cost may include, but not b e
limited to, public education and outreach efforts, administrative
expenses incurred by the Department, and compliance monitoring and
enforcement activities. A producer operating under an approved
battery stewardship plan shall pay an annual fee determined by the
Department based on market share of covered batteries sold in the
state during the preceding calendar year . Fees paid under this
subsection shall be deposited into the Department of Environmental
Quality Revolving Fund established pursuant to Se ction 2-3-401 of
Title 27A of the Oklahoma Statutes. The Department may adjust the
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amount of this fee as necessary to maintain the program under this
section.
C. No later than March 1, 2028, and annually thereafter, a
producer shall submit to the Department a report that contains all
of the following:
1. The total weight of cover ed batteries collected by the
producer in the previous calendar year;
2. The estimated percentage of the total weight under paragraph
1 of this subsection that is attributable t o rechargeable batteries;
3. The estimated percentage of the total weight under paragraph
1 of this subsection that is attributable to producers that are not
operating under an approved battery stewardship plan under this
section;
4. The collection rate achieved by the producer in the previous
calendar year;
5. The estimated total weight of covered batteries sold,
offered for sale, or distributed for sale in or into this state by
the producer in the previous three (3) calendar years;
6. The location and contact information for each collection
facility and collection site that collected covered batteries under
the producer's approved battery stewardship plan in the previous
calendar year;
7. Examples and descriptions of educational materials provided
and outreach activities conducted by the producer in the previous
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calendar year to increase covered battery collection, and a
description of how the producer coordinated with other producers
with approved battery stewardship plans in carrying out its
education and outreach program;
8. A description of how collected covered batteries were
managed in the previous calendar year;
9. Any material amendment to the producer 's battery stewardship
plan approved by the Department under Section 6 of this act in the
previous calendar year;
10. The producer's cost of implementing its battery stew ardship
plan in the previous calendar year, including the costs of
collection, recycling, education, and outreach ; and
11. Any information deemed necessary by the Department to
measure the program’s progress toward environmental and operational
goals, identify areas for improvement, and ensure that producers and
the battery stewardship organization are fulfilling their
obligations under the stewardship plan.
D. During the first year of implementing an approved battery
stewardship plan, and two (2) years thereafter, a producer shall
conduct a statistically significant survey of public awareness of
the battery stewardship plan and its implementation. The results of
the survey shall identify communities that have disparities in
awareness and that need additional education and outreach.
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E. After five (5) years of implementing an approved battery
stewardship plan, a producer shall contract with an independent
third party to conduct a one-time audit of the battery stewardship
plan and its implementation. The audit shall examine the financial
self-sufficiency and effectiveness of the battery stewardship plan
in collecting and recycling covered batteries; examine the cost -
effectiveness of the battery stewardship plan; and compare the
battery stewardship plan to other covered battery collection plans
in other jurisdictions. The auditor shall submit the results of the
audit directly to the Department and provide a copy to the producer.
F. A producer that supplies covered batteries to a retailer
shall provide the retailer with educational materials describing
collection opportunities for those batteries.
G. 1. Producers shall ensure the collection and recycling of
all covered batteries s old, including Business -to-Business (B2B)
batteries under the stewardship plan. Producers may establish
separate collection systems tailored to B2B batteries, provided
these systems ensure accessible recycling options for businesses,
comply with recycling efficiency and environmental standards as
specified by the program, and inclu de options for direct collection
or scheduled pickup for large -volume battery users.
2. Producers shall provide convenient collection points for
residential and B2B batteries, i ncluding drop-off locations
accessible to businesses and direct collection options for
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businesses generating large volumes of battery waste. All collected
batteries, including B2B batteries, shall meet the program's
recycling efficiency targets.
3. Producers shall include the following details regarding B2B
batteries in their annu al reports:
a. total weight of B2B batteries collected and recycled,
b. industries or sectors served under the B2B battery
program,
c. performance metrics, including recycling e fficiency
rates for B2B batteries,
d. challenges encountered in managing B2B battery waste
and steps taken to address them, and
e. a summary of B2B battery recycling performance to
ensure transparency and accountability.
4. Failure to include B2B batteri es in the program or meet
established performance targets may result in financ ial penalties
proportional to the uncollected or unrecycled volume of B2B
batteries or suspension of sales privileges within the state until
compliance is achieved, or both.
5. Businesses shall utilize the designated collection systems
for B2B batteries.
6. Improper disposal of B2B batteries shall be subject to
penalties under existing hazardous waste regulations.
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SECTION 5. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 2124 of Title 27A, unless th ere
is created a duplication in numbering, reads as follows:
A producer may meet the requirements under Section 4 of this act
by participating in a battery stewardship organizati on, made up of
at least five producers, that complies with the requirements of
Section 4 of this act on behalf of the producer. A battery
stewardship organization may exercise the rights under Sections 7
and 8 of this act on behalf of any of the producers participating in
the organization.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2125 of Title 27A, unless there
is created a duplication in numbering, reads as follows:
A. Within ninety (90) days after receiving a complete proposed
battery stewardship plan under subsection A of Section 4 of this
act, not including any time required for public comment and hearing
under subsection D of this section, the Department of Environmental
Quality shall determine whether the proposed plan complies with the
requirements under subsection A of Section 4 of this act. If the
proposed plan complies with the requirements under subsection A of
Section 4 of this act, the Department may approve the plan and shall
notify the producer of the approval in writing. If the proposed
plan does not comply with the requirements under subsection A of
Section 4 of this act, the Department shall deny the plan and notify
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the producer of the denial in writing; the produce r shall have
forty-five (45) days after receiving a denial to submit a revised
plan to the Department for approval. A proposed plan that is not
approved or denied by the Department within ninety (90) days shall
be deemed approved.
B. A producer may not a mend an approved battery stewardship
plan unless the proposed amendments are approved by the Department
in writing. The Department may require a producer to amend an
approved plan.
C. The Department may revoke an approved battery stewardship
plan if the Department determines that the producer is not complying
with the approved pla n and the producer fails to comply with or
amend the plan within a reasonable time after receiving a request to
do so from the Department.
D. The Department shall determine whet her public comment is
necessary for battery stewardship plans.
E. Subject to subsection G of this section, the Department
shall maintain on its website all of the following:
1. A copy of all approved battery stewardship plans ;
2. The names of producers with approved battery stewardship
plans; and
3. A list of brands of covered b atteries listed in approved
battery stewardship plans under subsection A of Section 4 of this
act.
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F. The Department shall promote public participation in the
collection and recycling of covered batteries through education and
outreach activities which shall include, but shall not be limited
to, safe battery recycling practices, handling techniques,
collection locations, available services, and the importance and
impact of battery recycling.
G. Information submitted to the Department under this section
that is a protected trade secret shall not be open to public
inspection and copying. The Department may publish such information
in a summary or aggregated form that does not iden tify individual
producers or retailers. The Department may require a producer, as
part of a report submitted under subsection C of Section 4 of this
act, to omit or redact trade secret information. The total weight
of covered batteries collected under an approved battery stewardship
plan is not a protected trade secret.
H. Each county shall have at least one year -round collection
facility. Additional facilities may be required based upon review
of population density, geographic distribution, and estimat ed waste
volume, as determined by the Department of Environmental Quality.
For counties with low population density or minimal waste volume,
alternative collection methods, such as mobile collection events,
partnerships with retailers, or mail -back programs, may fulfill
collection facility requirements.
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I. No later than July 1, 202 8, and every two (2) years
thereafter, the Department shall provide a report on the program
under this section to the Legislature and to the Governor. The
Department shall inclu de in the report a summary of annual reports
received under subsection C of Section 4 of this act and any
recommendations for changes to the program under this section.
J. The Department may promulgate rules to implement and
administer this section.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2126 of Title 27A, unless there
is created a duplication in numbering, reads as follows:
A. A producer operating under an approved battery stewar dship
plan that collects covered batteries that are not included under the
producer's approved plan is entitled to reimbursement from the
producer of the collected batteries for reasonable costs incurred in
collecting, handling, recycling, or properly disp osing of such
batteries. A producer may request reimbursement only after the
producer has met the collection rate performance goal included in
the producer's approved battery stewardship plan. Reimbursement may
be requested only for costs actually incurr ed in the collection,
transport, recycling, and other methods proper of disposal of
covered batteries identified in the producer 's approved battery
stewardship plan, and reasonable administrative costs.
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B. A producer that receives a request for reimbursem ent under
this subsection may, prior to payment and within thirty (30) days of
receiving the request for reimbursement, request an independent
audit of the requested reimbursement costs. If the independent
audit confirms that the requested reimbursement c osts are
reasonable, the producer requesting the audit shall pay the cost of
the audit and the amount of the reimbursement requested. If the
independent audit finds that the reimbursement request , or any
portion thereof, was not reasonable, the producer t hat submitted the
reimbursement request shall pay the cost of the audit. The producer
requesting the audit shall only be required to pay the portion of
the reimbursement costs that the independent audit determines to be
reasonable.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2127 of Title 27A, unless there
is created a duplication in numbering, reads as follows:
A producer operating under an approved battery stewardship plan
that is in compliance with the requirements under Section 4 of this
act may bring a civil action against another producer for costs
incurred in collecting, handling, recycling, or properly disposing
of covered batteries produced by the other producer, if all of the
following apply:
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1. The producer bringing the action has incurred more than One
Thousand Dollars ($1,000.00) in actual costs that are reimbursable
under Section 7 of this act;
2. The producer against whom the action is brought can be
identified as the pro ducer of the collected covered batteries, from
a brand or marking on the colle cted batteries or from other
information available; and
3. The producer bringing the action submitted a request for
reimbursement under Section 7 of this act and did not receive
reimbursement within ninety (90) days if no independent audit was
requested or within sixty (60) days after completion of an
independent audit if an audit was requested and the independent
audit confirmed that the requested reimbursement costs are
reasonable.
SECTION 9. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 2128 of Title 27A, unless there
is created a duplication in numbering, reads as follows:
Any producer or retailer that violates the prov isions of this
act may be fined by the Department of Environmental Quality up to
Ten Thousand Dollars ($10,000.00) for each violation.
SECTION 10. This act shall become effective November 1, 2025.
60-1-11185 JBH 01/16/25