Senate reinstates private right of action and passes S 254 to extend battery stewardship

The Senate considered S 254, a bill to include rechargeable batteries and battery-containing products under the state's battery stewardship program. A committee-drafted amendment restored a section mistakenly dropped during drafting that creates a limited private right of action to allow stewardship organizations to recover costs from nonparticipating manufacturers in defined circumstances.

Senators questioned whether extending the program would add costs to consumers. The committee reporter and other senators clarified the bill extends an existing voluntary program, that solid waste management facilities currently bear many handling and fire-related costs, and that the bill is intended to provide better compensation for collection sites rather than raise consumer prices. The reporter said industry stakeholders, including the Product Stewardship Institute and the Rechargeable Battery Association, provided testimony; debate established that the committee heard from manufacturers' trade groups but that testimony did not definitively guarantee no costs would ever be passed to consumers.

The Senate adopted the committee amendment as offered by the senator from Addison and then ordered third reading; later the presiding officer announced S 254 had been passed.

Next steps: S 254 will proceed per legislative calendar and implementation details will be set by the stewardship program and participating organizations.