SB702: Bill Text

2025 - 2026 LEGISLATURE

LRB-5265/1

ZDW:amn&wlj

2025 SENATE BILL 702

December 2, 2025 - Introduced by Senator Tomczyk, cosponsored by Representatives Kitchens, Novak, Goodwin, Kreibich and Mursau. Referred to Committee on Transportation and Local Government.

SB702,1,3 An Act to create 287.07 (6) and 287.175 of the statutes; relating to: requiring battery stewardship organizations to administer battery collection and recycling programs and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill requires battery stewardship organizations to operate programs in this state to collect and recycle covered batteries. A “battery stewardship organization” is defined in the bill as an entity, other than a state agency, that has been designated by one or more battery manufacturers (producers) to implement a battery stewardship plan. The bill defines “covered battery” as either a “portable battery” (a rechargeable battery weighing no more than 11 pounds and having a rating of no more than 300 watt-hours or a nonrechargeable battery weighing no more than 4.4 pounds) or a “medium format battery” (a rechargeable battery weighing more than 11 pounds or having a rating of more than 300 watt-hours, or both, but not exceeding 25 pounds or 2,000 watt-hours; or a nonrechargeable battery weighing more than 4.4 pounds but not more than 25 pounds). Under the bill, a “covered battery” does not include a battery that is contained in a medical device and that is not designed or marketed for retail sale; a battery that contains a liquid electrolyte; a lead acid battery; a battery that is not intended or designed to be easily removed from its product; or an alkaline battery.

Under the bill, beginning on January 1, 2027, or one year after the bill’s enactment, whichever occurs first, no producer may sell a covered battery, or a product containing or packaged with a covered battery (battery containing product), in this state unless the battery stewardship organization designated by the producer of the battery or battery containing product 1) is operating under a battery stewardship plan that has been approved by the Department of Natural Resources; 2) submits certain annual reports to DNR; and 3) provides outreach and education to consumers, retailers, and others about its battery stewardship program.

In addition, beginning on January 1, 2027, or one year after the bill’s enactment, whichever occurs first, no producer may sell a covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked with an identification of the producer of the battery. Further, beginning on January 1, 2029, no producer may sell a covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked to identify the chemistry of the battery and to indicate that the battery should not be disposed of as household waste.

To be approved by DNR, a proposed battery stewardship plan must include specific information, such as a list of all the brands of covered batteries sold in this state by producers that are members of the battery stewardship organization; performance goals under the plan, including target collection and recycling rates and goals for public awareness, and a process for achieving these goals; an education and outreach strategy; a process for making signage and other materials available to collection sites to inform consumers about management options for covered batteries; collection site safety training procedures relating to covered batteries; provisions for collecting covered batteries at no cost; the addresses of collection sites that will accept covered batteries under the plan; provisions for recordkeeping; and a method for fully funding the plan. The bill specifies that DNR may approve plans from more than one battery stewardship organization, and that DNR may approve plans that share the costs of implementing those plans among the battery stewardship organizations that benefit under those plans.

Under the bill, DNR must provide notice of a proposed battery stewardship plan. DNR has 120 days after receiving a proposed plan to approve, conditionally approve, or deny a proposed plan. Under the bill, a producer may not amend an approved battery stewardship plan unless the proposed amendments are approved by DNR. The bill provides that DNR must approve a plan or amendment if it meets the requirements of the bill.

The bill also requires DNR to maintain a website that includes a list of the names of producers with approved battery stewardship plans, copies of those plans and any reports submitted to DNR under such a plan, and a list of the brands of batteries covered under an approved plan.

The bill provides that a battery stewardship organization implementing a plan approved by DNR is responsible for all costs associated with implementing the plan, unless the approved plan allows for cost sharing among other battery stewardship organizations with approved plans. The bill requires a battery stewardship organization to collect reasonable fees from participating producers, and to reimburse local governmental units for costs incurred as a result of a local government facility or solid waste facility serving as a collection site under the plan.

Under the bill, a battery stewardship organization implementing a plan approved by DNR must provide for the collection of all covered batteries from any person, regardless of the chemistry or brand of the battery, on a free, continuous, convenient, visible, and accessible basis; provide free collection containers to collection sites under the plan; ensure that medium format batteries are collected only at certain staffed collection sites such as household hazardous waste collection sites; provide for the collection of damaged and defective batteries at certain sites; ensure statewide collection opportunities for all covered batteries; coordinate activities with other actors to provide efficient delivery of services and avoid unnecessary duplication of effort and expense; and ensure a certain number and location of collection sites and collection events for both portable batteries and medium format batteries. The bill does not require a battery stewardship organization to provide for the collection of recalled batteries, battery containing products, or covered batteries that remain contained in a battery containing product at the time of delivery to a collection site or collection event.

The bill also requires a battery stewardship organization implementing an approved plan to undertake certain education and outreach activities to promote the implementation of the plan, including developing and maintaining a website; providing consumer-focused educational materials, to each collection site used under the plan, that are accessible by customers; providing safety information to collection sites; providing educational materials to the operators of collection sites for the management of recalled batteries; and providing educational materials describing collection opportunities for covered batteries to retailers and other potential collection sites. In addition, the bill provides that a battery stewardship organization implementing an approved plan may develop and distribute periodic press releases, articles, and advertisements; develop promotional materials about the plan and about the restriction on disposing of covered batteries; and conduct a survey, during the first year of implementing the plan and every five years thereafter, of public awareness of the provisions of this bill, and to share the results of the surveys with DNR.

Under the bill, a battery stewardship organization must submit annual reports to DNR with information about the implementation of its approved plan, including an independent financial disclosure of the organization’s revenue, expenditures, and liabilities relating to its activities in this state and assessment of implementing the plan; a summary financial statement documenting the financing of the plan and an analysis of plan costs and expenditures; the weight of covered batteries collected under the plan and the weight of materials recycled from covered batteries collected under the plan; a calculation of the collection rate and the recycling efficiency rate under the plan; a list of all facilities used in processing or disposing of covered batteries under the plan and, for domestic facilities, a summary of any violations of environmental laws and regulations during the previous three years at each facility; a description of how collected batteries were managed and recycled; a description of education and outreach efforts supporting plan implementation and an evaluation of their effectiveness; an up-to-date map indicating the location of all collection sites used to implement the plan; and a summary of progress made toward the performance goals under the plan, and an explanation of why performance goals were not met, if applicable. The bill also requires a battery stewardship organization to ensure that an annual audit is conducted, by an independent third party, of the approved battery stewardship plan and the operation of that plan. Annual audits and reports must be made available to the public on the battery stewardship organization’s website.

Under the bill, any person that intentionally and substantially violates the provisions of the bill relating to battery stewardship plans is subject to a civil forfeiture of up to $7,000 per violation. The bill clarifies that a failure to meet the requirements of the bill despite a good faith effort does not constitute a violation.

In addition, under the bill, beginning on January 1, 2028, a person may not 1) knowingly cause or allow the disposal of a covered battery in a landfill or the burning of a covered battery; 2) dispose of a covered battery other than by delivery to a collection site or collection event operated under an approved battery stewardship plan; or 3) knowingly cause or allow the mixing of a covered battery with recyclable materials that are intended for processing and sorting at a material recovery facility, with municipal waste that is intended for disposal at a landfill, or with waste that is intended for burning or incineration.

Finally, the bill requires a battery stewardship organization implementing an approved plan to submit, by July 1, 2027, a report to DNR on any assessments prepared in other states, if available, of the opportunities and challenges associated with the end-of-life management of certain portable and medium format batteries that are not intended or designed to be easily removed by a customer. Under the bill, DNR must submit this report to the legislature with recommendations as to whether the provisions of this bill can be applied to batteries that are not intended or designed to be easily removed from the device in which they are contained.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB702,1 Section 1. 287.07 (6) of the statutes is created to read:

SB702,3,2 287.07 (6) Batteries. Beginning on January 1, 2028, no person may dispose of or burn a covered battery, as defined in s. 287.175 (1) (d), in a solid waste disposal facility. Such a battery may be disposed of only by delivery to a collection site or collection event operated under a battery stewardship plan under s. 287.175.

SB702,2 Section 2. 287.175 of the statutes is created to read:

SB702,3,5 287.175 Battery collection and recycling. (1) Definitions. In this section:

SB702,3,8 (a) “Battery containing product” means a product that contains or is packaged with a covered battery. “Battery containing product” does not include a product that is an eligible electronic device, as defined in s. 287.17 (1) (gs).

SB702,3,12 (b) “Battery stewardship organization” means an entity that has been designated by one or more producers to implement a battery stewardship plan under this section. “Battery stewardship organization” does not include a state agency, as defined in s. 16.004 (12) (a).

SB702,3,17 (c) “Collection rate” means the percentage calculated by dividing the total weight of covered batteries collected in this state by a battery stewardship organization in a calendar year by the average annual weight of covered batteries estimated to have been sold in this state by all producers during that same calendar year and the previous 2 calendar years.

SB702,3,21 (d) “Covered battery” means a portable battery or a medium format battery that is intended or designed to be easily removed, or is capable of being easily removed, using common household tools. “Covered battery” does not include any of the following:

SB702,3,24 1. A battery, contained in a medical device that is regulated under the federal food, drug and cosmetic act, 21 USC 301 to 394, that is not designed or marketed for sale or resale at retail locations for personal use.

SB702,4,2 2. A battery that contains an electrolyte as a free liquid or a product that contains such a battery.

SB702,4,4 3. A lead acid battery subject to the requirements of s. 287.18 or a product that contains such a battery.

SB702,4,5 4. An alkaline battery in which the electrolyte has a pH value above 7.

SB702,4,6 (e) “Medium format battery” means any of the following:

SB702,4,8 1. For primary batteries, a battery that weighs more than 4.4 pounds but not more than 25 pounds.

SB702,4,11 2. For rechargeable batteries, a battery that weighs more than 11 pounds, or that has a rating of more than 300 watt-hours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watt-hours.

SB702,4,12 (f) “Portable battery” means any of the following:

SB702,4,13 1. For primary batteries, a battery that weighs no more than 4.4 pounds.

SB702,4,15 2. For rechargeable batteries, a battery that weighs no more than 11 pounds and that has a rating of no more than 300 watt-hours.

SB702,4,16 (g) “Primary battery” means a battery that is not capable of being recharged.

SB702,4,19 (h) 1. “Producer” means a person that sells, offers for sale, or distributes for sale a covered battery or battery containing product in or into this state and that is any of the following:

SB702,4,22 a. If the covered battery or battery containing product is sold under a brand of the battery’s or product’s manufacturer, the person that manufactures the battery or product.

SB702,5,2 b. If the covered battery or battery containing product is sold under a retail brand or under a brand owned by a person other than the battery’s or product’s manufacturer, the person that owns the brand.

SB702,5,6 c. If subd. 1. a. and b. do not apply, the person that is the licensee of a brand or trademark under which the covered battery or battery containing product is sold, offered for sale, or distributed for sale in or into this state, regardless of whether the trademark is registered in this state.

SB702,5,10 d. If subd. 1. a. to c. do not apply to any person within the United States, the person that is the importer of record for the covered battery or battery containing product into the United States for the purpose of selling, offering for sale, or distributing for sale the battery or product in or into this state.

SB702,5,12 2. “Producer” does not include a retailer unless the retailer owns the brand under which a covered battery or battery containing product is sold.

SB702,5,15 (i) “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.

SB702,5,22 (j) “Recycling” means the process by which covered batteries or battery containing products are returned to productive use as material or energy, including the collection and transport of batteries for recycling. “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 by which batteries or battery containing products are returned in their original form or in a form for secondary use.

SB702,6,2 (k) “Recycling efficiency rate” means the percentage calculated by dividing the weight of components and materials recycled by a battery stewardship organization by the weight of covered batteries collected by the battery stewardship organization.

SB702,6,4 (L) “Retailer” means a person that only sells or offers for sale a covered battery or battery containing product in this state. “Retailer” does not include a producer.

SB702,6,13 (2) Prohibitions. (a) Beginning on January 1, 2027, or one year after the effective date of this paragraph .... [LRB inserts date], whichever occurs first, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the producer has designated a battery stewardship organization to implement a battery stewardship plan approved by the department under this section and listed by the department on its website under sub. (8) (f) 3. A producer may contract their obligations under this paragraph to another producer if the producer being contracted is a member of a battery stewardship organization in this state.

SB702,6,20 (b) Beginning on January 1, 2027, or one year after the effective date of this paragraph .... [LRB inserts date], whichever occurs first, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked with an identification of the producer of the battery. This paragraph does not apply if the battery is less than one-half inch in diameter or does not contain a surface with a length that exceeds one-half inch.

SB702,7,2 (c) Beginning on January 1, 2029, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked to ensure proper collection and recycling, by identifying the chemistry of the battery and including an indication that the battery should not be disposed of as household waste.

SB702,7,5 (d) A producer, retailer, or battery stewardship organization may not charge a point-of-sale fee to consumers to cover the costs of implementing a battery stewardship plan approved under this section.