Texas 2025 - 89th Regular

Texas Senate Bill SB2050 Compare Versions

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1+89R7757 DRS-F
12 By: Birdwell S.B. No. 2050
2- (In the Senate - Filed March 7, 2025; March 17, 2025, read
3- first time and referred to Committee on Natural Resources;
4- April 14, 2025, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 2050 By: Birdwell
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137 A BILL TO BE ENTITLED
148 AN ACT
159 relating to the recycling and disposal of consumer energy storage
1610 modules.
1711 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1812 SECTION 1. Chapter 361, Health and Safety Code, is amended
1913 by adding Subchapter P to read as follows:
2014 SUBCHAPTER P. CONSUMER ENERGY STORAGE MODULES
21- Sec. 361.471. DEFINITIONS. In this subchapter:
22- (1) "Consumer energy storage module" means a battery
23- or other electrochemical device that stores chemical energy and
24- transforms it into electrical energy to power a consumer product or
25- electronic device.
26- (2) "Steward organization" means a group consisting of
27- consumer energy storage module manufacturers, product
28- manufacturers, or other members organized to promote the recycling
29- of consumer energy storage modules.
30- Sec. 361.472. APPLICABILITY. This subchapter does not
31- apply to a lead-acid battery governed by Subchapter O.
32- Sec. 361.473. PLACEMENT IN CERTAIN SOLID WASTE DISPOSAL OR
33- RECYCLING STREAMS PROHIBITED. (a) Except as provided by
34- Subsection (b), a person may not place a consumer energy storage
35- module in:
36- (1) a mixed municipal solid waste facility or curbside
37- collection receptacle;
38- (2) a mixed metal recycling collection facility or
39- curbside collection receptacle; or
40- (3) a municipal mixed recyclable material collection
41- facility or curbside collection receptacle.
42- (b) This section does not apply to the placement of a
43- consumer energy storage module in a facility or receptacle
44- described by Subsection (a) in accordance with a local program that
45- provides for the collection for recycling of a consumer energy
46- storage module at a facility or by curbside collection.
47- Sec. 361.474. LIMITED LIABILITY FOR CERTAIN VIOLATIONS.
48- Notwithstanding any other law, an individual consumer is not
49- subject to civil, administrative, or criminal liability under
50- Chapter 7, Water Code, for a violation of Section 361.473 that is
51- inadvertent or incidental to noncommercial household use of a
52- consumer energy storage module.
53- Sec. 361.475. NO DUTY OF CERTAIN FACILITY OPERATORS.
54- Notwithstanding any other law, the owner or operator of a solid
55- waste disposal facility, mixed metal recycling collection
56- facility, or municipal mixed recyclable material collection
57- facility:
58- (1) is not subject to civil, administrative, or
59- criminal liability under Chapter 7, Water Code, if:
60- (A) a person places a consumer energy storage
61- module in the owner's or operator's facility; or
62- (B) a consumer energy storage module otherwise
63- arrives at the owner's or operator's facility through the
64- collection of solid waste or recyclable material for disposal or
65- recycling at the facility; and
66- (2) has no duty to locate or remove a consumer energy
67- storage module placed in or otherwise collected by the owner's or
68- operator's facility.
69- Sec. 361.476. CONSUMER ENERGY STORAGE MODULE COLLECTION FOR
15+ Sec. 361.471. DEFINITION. In this subchapter, "consumer
16+ energy storage module" means a battery or other electrochemical
17+ device that stores chemical energy and transforms it into
18+ electrical energy to power a consumer product or electronic device.
19+ The term includes an alkaline battery, lithium-ion battery, nickel
20+ cadmium battery, or nickel-metal hydride battery.
21+ Sec. 361.472. LAND DISPOSAL PROHIBITED. A person may not
22+ place a consumer energy storage module in mixed municipal solid
23+ waste.
24+ Sec. 361.473. CONSUMER ENERGY STORAGE MODULE COLLECTION FOR
7025 RECYCLING OR DISPOSAL. The commission by rule shall identify
71- businesses or facilities in this state where an individual
72- consumer, steward organization, or other person may place or
73- deliver a consumer energy storage module for recycling or disposal.
26+ businesses or facilities in this state where a customer may offer a
27+ consumer energy storage module for recycling or disposal.
7428 SECTION 2. As soon as practicable after the effective date
7529 of this Act, the Texas Commission on Environmental Quality shall
7630 adopt rules necessary to implement the changes in law made by this
7731 Act.
7832 SECTION 3. This Act takes effect September 1, 2025.
79- * * * * *