BILL ANALYSIS Senate Research Center S.B. 2050 89R7757 DRS-F By: Birdwell Natural Resources 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Rechargeable lithium-ion batteries pose a significant fire risk and are becoming increasingly common in waste and recycling streams due to their growing use in consumer goods. A January 2024 study conducted by the National Waste and Recycling Association, in collaboration with Resource Recycling Systems, highlighted an increasing connection between the prevalence of lithium-ion batteries at recycling and solid waste facilities and fires at these facilities. Texas law has established a procedure for the disposal of lead-acid batteries, such as those used in vehicles, but does not specify procedures for other types of batteries, also known as consumer energy storage modules. Lead-acid batteries are properly disposed of at recycling facilities or certain battery retailers and are prohibited from disposal at solid waste facilities. As such, it would benefit the state to also guide the disposal of batteries that are not lead-acid. S.B. 2050 aligns with disposal procedures for lead-acid batteries by prohibiting the improper disposal of any type of consumer energy storage module, including rechargeable lithium-ion batteries and alkaline batteries, which are commonly used to power consumer electronics and household devices. The bill grants the Texas Commission on Environmental Quality the rule-making authority to implement these changes. As proposed, S.B. 2050 amends current law relating to the recycling and disposal of consumer energy storage modules. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 1 (Section 361.473, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 361, Health and Safety Code, by adding Subchapter P, as follows: SUBCHAPTER P. CONSUMER ENERGY STORAGE MODULES Sec. 361.471. DEFINITION. Defines "consumer energy storage module." Sec. 361.472. LAND DISPOSAL PROHIBITED. Prohibits a person from placing a consumer energy storage module in mixed municipal solid waste. Sec. 361.473. CONSUMER ENERGY STORAGE MODULE COLLECTION FOR RECYCLING OR DISPOSAL. Requires the Texas Commission on Environmental Quality (TCEQ) by rule to identify businesses or facilities in this state where a customer is authorized to offer a consumer energy storage module for recycling or disposal. SECTION 2. Requires TCEQ, as soon as practicable after the effective date of this Act, to adopt rules necessary to implement the changes in law made by this Act. SECTION 3. Effective date: September 1, 2025. BILL ANALYSIS Senate Research Center S.B. 2050 89R7757 DRS-F By: Birdwell Natural Resources 3/28/2025 As Filed Senate Research Center S.B. 2050 89R7757 DRS-F By: Birdwell Natural Resources 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Rechargeable lithium-ion batteries pose a significant fire risk and are becoming increasingly common in waste and recycling streams due to their growing use in consumer goods. A January 2024 study conducted by the National Waste and Recycling Association, in collaboration with Resource Recycling Systems, highlighted an increasing connection between the prevalence of lithium-ion batteries at recycling and solid waste facilities and fires at these facilities. Texas law has established a procedure for the disposal of lead-acid batteries, such as those used in vehicles, but does not specify procedures for other types of batteries, also known as consumer energy storage modules. Lead-acid batteries are properly disposed of at recycling facilities or certain battery retailers and are prohibited from disposal at solid waste facilities. As such, it would benefit the state to also guide the disposal of batteries that are not lead-acid. S.B. 2050 aligns with disposal procedures for lead-acid batteries by prohibiting the improper disposal of any type of consumer energy storage module, including rechargeable lithium-ion batteries and alkaline batteries, which are commonly used to power consumer electronics and household devices. The bill grants the Texas Commission on Environmental Quality the rule-making authority to implement these changes. As proposed, S.B. 2050 amends current law relating to the recycling and disposal of consumer energy storage modules. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 1 (Section 361.473, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 361, Health and Safety Code, by adding Subchapter P, as follows: SUBCHAPTER P. CONSUMER ENERGY STORAGE MODULES Sec. 361.471. DEFINITION. Defines "consumer energy storage module." Sec. 361.472. LAND DISPOSAL PROHIBITED. Prohibits a person from placing a consumer energy storage module in mixed municipal solid waste. Sec. 361.473. CONSUMER ENERGY STORAGE MODULE COLLECTION FOR RECYCLING OR DISPOSAL. Requires the Texas Commission on Environmental Quality (TCEQ) by rule to identify businesses or facilities in this state where a customer is authorized to offer a consumer energy storage module for recycling or disposal. SECTION 2. Requires TCEQ, as soon as practicable after the effective date of this Act, to adopt rules necessary to implement the changes in law made by this Act. SECTION 3. Effective date: September 1, 2025.