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Battery recycling laws enacted by 37 states

Battery recycling laws enacted by 37 states

PHILADELPHIA - Three quarters of the states and at least one city have enacted legislation designed to encourage recycling of lead-acid batteries while both houses of Congress are considering similar bills.

South Carolina and Texas became the latest to join the list of states that have enacted battery recycling laws, which now has climbed to 37. Six additional states are entertaining passage of similar proposals.

The state laws have been passed as environmental measures, primarily to keep lead out of the waste stream. But they differ in how they work and the techniques they use to promote recycling.

Several state laws require purchasers to pay a cash deposit that could run as high as $10 in lieu of a trade-in battery. Other states rely on a fee of $2 or $3, which actually is a form of tax used in part to help fund solid waste programs. Some states use a combination of the deposit and fee systems.

The top of $10-per-battery deposit is required by two states, Arkansas and Maine, according to Siskia Mooney, a regulatory analyst for the Washington law firm of Weinberg, Bergeson & Neuman, which represents Battery Council International. Other states having a deposit provision require deposits of only $5, Mooney said.

Unclaimed deposits are the property of the retailer in most states, but in Rhode Island the retailer keeps only 20 percent and turns the balance over to the state. Michigan, a state having a battery recycling law with no deposit provision, is making a study to determine the need for a deposit, according to Mooney.

States currently considering adopting "junk battery" legislation are Maryland, Delaware, Ohio, Oklahoma, Kansas and New Mexico. States having no such legislation on the books or pending are Alaska, Montana, South Dakota, Nebraska, Colorado, West Virginia and Alabama. Mooney said Kansas City, Mo., is the only city so far that has its own battery recycling law.

Twenty-two states have adopted laws patterned after a model proposed by Battery Council International, which would prohibit mixing lead-acid batteries with municipal solid waste, discarding or land dumping. The trade organization's model also calls for compulsory recycling of used batteries with appropriate fines and prison terms for violations.

The proliferation of state laws mandating lead-acid battery recycling is not being lost on the secondary lead business. One industry spokesman said, "These laws are bringing more batteries back into the marketplace. It's something that will continue to happen as more and more states have this type of law. They are encouraging the return of junked batteries into the recycling stream, which is an advantage for the smelter."

He added, however, "There are several federal bills being considered for the return and recycling of junked batteries ... maybe a tax on primary or secondary lead. Somewhere in the mill we are going to receive some type of legislation to control batteries, recycle batteries and to definitely reduce the usage of lead in the U.S."

Bills requiring lead-acid battery makers to increase the amount of recycled lead they use are pending in the House and Senate. But no action is expected to be taken on either bill until next year when Congress is expected to update the Resource Conservation and Recovery Act.

Another bill pending in the House would impose heavy taxes on both virgin and recycled lead, costing consumers approximately $15 more per car battery. It would provide funding for cleanup of lead paint hazards in older houses and child care centers. But Congress is not expected to enact any tax proposals this election year.

The Senate is considering yet another bill aimed at reducing lead in such applications as plumbing, food packaging and new products. It also would impose mandatory recycling of lead-acid batteries and fund lead-exposure studies and public education efforts.