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MaineLD 474132nd Maine Legislature (2025-2026)SenateWALLET

An Act to Establish a Stewardship Program for Primary and Rechargeable Batteries

Sponsored By: Denise Tepler (Democratic)

Became Law

ENVIRONMENTAL AWARENESSENVIRONMENTAL AWARENESS - PLANNING

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 2 costs, 5 mixed.

Waivers and legal shield for producers

A producer covered by both this program and existing battery rules can get a waiver from one set if it fully meets the other. A producer that meets this program’s rules is exempt from the other set for that battery. Producers and stewardship groups have limited antitrust immunity only for activities needed to plan and run the program.

Maker take-back and disposal ban

Makers of dry cell mercuric oxide or rechargeable batteries must run a system in Maine to collect, transport, and process returns. They must tell buyers about disposal bans and return options, name return sites, and include those costs in the sale; producers with a waiver are exempt. People who work for a government agency or an industrial, communications, or medical facility may not knowingly throw away these batteries outside an approved collection system.

Battery labels and embedded-battery reporting

Two years after the first plan is approved, covered batteries 1/2 inch or larger must be labeled with the producer, the chemistry, and “do not trash.” Starting March 1, 2027, producers in the program must give the operator yearly information on products with embedded batteries for the operator’s report; the operator notifies the department if a producer fails to report. This reporting rule ends January 1, 2030.

Lead-acid battery deposit and returns

When you buy a new lead‑acid battery, the store must take an old one back. If you do not bring one, you pay a $10 deposit and get it back if you return a used battery within 30 days. Dealers hold deposits in trust, keep the interest, and on July 1 keep deposits not returned from the prior year; stores must post an 8.5" x 11" notice. Approved collection sites in the stewardship program are exempt from the retailer acceptance and $10 deposit rules for covered batteries they manage.

Annual reports, state fees, and privacy

Starting the May 1 after a program begins, the operator files an annual report. It lists producers and brands, weights, recycling rates, money flows, audit results, performance changes, and greenhouse gas estimates; records must be kept at least 5 years. Operators pay a plan‑review fee when they file and a yearly oversight fee. The department also reports each year to lawmakers starting February 15, 2027. Information marked proprietary is kept confidential.

Free, statewide battery drop-off access

Within one year after collection starts, at least 95% of residents must have a permanent site within 15 miles. Each county must have a site, plus one more site per 30,000 people in population centers; embedded battery collection must begin by January 1, 2031 or one year after embedded collection starts, whichever is later. You cannot be charged a fee to drop off a covered battery. The operator must approve qualified sites within 90 days, provide containers and training, and reimburse reasonable costs. Sites must meet state rules to accept medium‑format or damaged batteries, and trained staff must handle damaged ones; the operator can warn, suspend, or end unsafe or noncompliant sites after consulting the department.

Producers must run battery recycling program

The law creates a producer‑paid program to collect and recycle covered batteries. Producers or groups must file a plan within 6 months after the department’s first rules take effect. The department decides on plans in 120 days, allows 60 days for fixes, reviews revisions in 90 days, posts plans for 30 days of public comment, and requires updates at least every 5 years. Beginning 180 days after the first plan is approved, producers may not sell covered batteries in Maine unless they participate in an approved program.

Program money, fees, and investments

The operator must keep program money in a separate stewardship fund. Money may only pay program costs, state fees, reimbursements to sites or retailers, and education or infrastructure projects; a third‑party audit can review spending. Before spending on education or infrastructure, the operator must get written department approval within 90 days. The department favors projects that expand recycling access, improve education, and support places that have not benefited before.

Sponsors & Cosponsors

Sponsor

  • Denise Tepler

    Democratic • Senate

Cosponsors

  • Joseph Martin

    Republican • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. ACTPUB Chapter 608

    5/1/2026

  2. PASSED TO BE ENACTED, in concurrence.

    3/30/2026Senate

  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    3/26/2026House

  4. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-565).In concurrence. ORDERED SENT FORTHWITH.

    3/25/2026House

  5. Report READ and ACCEPTED.Bill READ ONCE.Committee Amendment "A" (S-565) READ and ADOPTED.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (S-565).Ordered sent down forthwith for concurrence.

    3/24/2026Senate

  6. CARRIED OVER, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800.

    6/25/2025Senate

  7. CARRIED OVER, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025Senate

  8. Received by the Secretary of the Senate on February 5, 2025 and REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES pursuant to Joint Rule 308.2

    2/5/2025Senate

Bill Text

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