By: Birdwell S.B. No. 2050
(In the Senate - Filed March 7, 2025; March 17, 2025, read
first time and referred to Committee on Natural Resources;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2050 By: Birdwell
A BILL TO BE ENTITLED
AN ACT
relating to the recycling and disposal of consumer energy storage
modules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 361, Health and Safety Code, is amended
by adding Subchapter P to read as follows:
SUBCHAPTER P. CONSUMER ENERGY STORAGE MODULES
Sec. 361.471. DEFINITIONS. In this subchapter:
(1) "Consumer energy storage module" means a battery
or other electrochemical device that stores chemical energy and
transforms it into electrical energy to power a consumer product or
electronic device.
(2) "Steward organization" means a group consisting of
consumer energy storage module manufacturers, product
manufacturers, or other members organized to promote the recycling
of consumer energy storage modules.
Sec. 361.472. APPLICABILITY. This subchapter does not
apply to a lead-acid battery governed by Subchapter O.
Sec. 361.473. PLACEMENT IN CERTAIN SOLID WASTE DISPOSAL OR
RECYCLING STREAMS PROHIBITED. (a) Except as provided by
Subsection (b), a person may not place a consumer energy storage
module in:
(1) a mixed municipal solid waste facility or curbside
collection receptacle;
(2) a mixed metal recycling collection facility or
curbside collection receptacle; or
(3) a municipal mixed recyclable material collection
facility or curbside collection receptacle.
(b) This section does not apply to the placement of a
consumer energy storage module in a facility or receptacle
described by Subsection (a) in accordance with a local program that
provides for the collection for recycling of a consumer energy
storage module at a facility or by curbside collection.
Sec. 361.474. LIMITED LIABILITY FOR CERTAIN VIOLATIONS.
Notwithstanding any other law, an individual consumer is not
subject to civil, administrative, or criminal liability under
Chapter 7, Water Code, for a violation of Section 361.473 that is
inadvertent or incidental to noncommercial household use of a
consumer energy storage module.
Sec. 361.475. NO DUTY OF CERTAIN FACILITY OPERATORS.
Notwithstanding any other law, the owner or operator of a solid
waste disposal facility, mixed metal recycling collection
facility, or municipal mixed recyclable material collection
facility:
(1) is not subject to civil, administrative, or
criminal liability under Chapter 7, Water Code, if:
(A) a person places a consumer energy storage
module in the owner's or operator's facility; or
(B) a consumer energy storage module otherwise
arrives at the owner's or operator's facility through the
collection of solid waste or recyclable material for disposal or
recycling at the facility; and
(2) has no duty to locate or remove a consumer energy
storage module placed in or otherwise collected by the owner's or
operator's facility.
Sec. 361.476. CONSUMER ENERGY STORAGE MODULE COLLECTION FOR
RECYCLING OR DISPOSAL. The commission by rule shall identify
businesses or facilities in this state where an individual
consumer, steward organization, or other person may place or
deliver a consumer energy storage module for recycling or disposal.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt rules necessary to implement the changes in law made by this
Act.
SECTION 3. This Act takes effect September 1, 2025.
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