Revision: Feb. 5, 2026, 8:53 a.m.
Rep. Ebel, Merr. 7
Rep. N. Germana, Ches. 15
Rep. Freeman, Belk. 8
January 29, 2026
2026-0405h
04/05
Amendment to HB 1602-FN
Amend RSA 149-M:65 as inserted by section 1 of the bill by replacing it with the following:
149-M:65 Definitions; Stewardship Program Established.
I. In this subdivision:
(a) "Battery-containing product" means a product that contains or is packaged with a rechargeable or primary battery that qualifies as a covered battery.
(b) "Battery material refining" means refining end-of-life batteries or battery materials back to usable battery materials suitable for reintroduction into the battery supply chain or for other beneficial manufacturing applications.
(c) "Battery recycler" means an entity or facility that abides by all applicable federal, state, local, and jurisdictional laws and performs either, or both, materials recovery and battery material refining.
(d) "Battery stewardship organization" means a producer that directly implements a battery stewardship plan required under this subdivision, or one or more third-party entities designated by a group of producers to implement such plan.
(e) "Collection rate" means the percentage, by weight, of covered batteries collected by a battery stewardship organization, calculated by dividing the total weight of primary and rechargeable batteries collected during the previous calendar year by the average annual weight of such batteries estimated to have been sold in New Hampshire by all producers participating in the approved plan during the prior three calendar years.
(f) "Covered battery" means a portable battery or a medium format battery. This does not include:
(1) Batteries contained in a medical device, as defined in 21 United States Code, section 321(h) as it existed as of the effective date of this section, not designed and marketed for sale or resale principally to consumers for personal use;
(2) Batteries that contains an electrolyte as a free liquid;
(3) Lead-acid batteries weighing more than 11 pounds;
(4) Batteries in a battery-containing product that is not intended or designed to be easily removable from the battery-containing product;
(5) Batteries that are being recalled for safety reasons; and
(6) Batteries designed to power a motor vehicle, part of a motor vehicle, or a component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.
(g) "Damaged and defective batteries" means batteries identified by the producer as defective for safety reasons, or that pose a risk of heat, fire, or short circuit, as described in 49 C.F.R. section 173.185(f) as of January 1, 2023, or as updated by department rule to align with federal standards.
(h) "Department" means the New Hampshire department of environmental services.
(i) “Easily removable" means designed by the manufacturer to be removed by the user with commonly available household tools.
(j) "Environmentally sound management practices" means practices that:
(1) Comply with all applicable laws and rules protecting workers, public health, and the environment;
(2) Provide for adequate record keeping, tracking, and documenting of material disposition; and
(3) Include comprehensive liability coverage for a battery stewardship organization, including environmental liability coverage that is commercially practicable.
(k) "Material recovery" means extracts and separates materials from end-of-life batteries into metals, compounds, intermediate fractions, and other components, and sending those materials, when appropriate, for further processing, refining, or use in batteries or other industry supply chains.
(l) "Medium format battery" means:
(1) A rechargeable battery weighing more than 11 pounds or rated above 300 watt-hours or both, but not exceeding 25 pounds of 2,000 watt-hours; or
(2) A primary battery weighing more than 4.4 pounds but not more than 25 pounds.
(m) “Motor vehicle” means a self-propelled mechanical device with a vehicle identification number (VIN) manufactured primarily for transporting people or property primarily on public roads, streets, and highways excluding rail-bound or airborne devices.
(n) "Portable battery" means:
(1) A rechargeable battery weighing no more than 11 pounds and rated at no more than 300 watt-hours; or
(2) A primary battery weighing no more than 4.4 pounds.
(o) "Primary battery" means a battery that is not capable of being recharged.
(p) "Producer" means the person responsible for compliance with requirements under this subdivision for a covered battery or battery-containing product sold, offered for sale, or distributed in or into New Hampshire, as follows:
(1) For covered batteries:
(A) If sold under the brand of battery manufacturer, the producer is the manufacturer;
(B) If sold under a retail or third-party brand, the producer is the brand owner;
(C) If no person is identified under RSA 149-M:65, I(m)(1)(A) or (B), the producer is the licensee of a brand or trademark under which the battery is used in a commercial enterprise, sold, offered for sale, or distributed in or into New Hampshire, whether or not the trademark is registered in New Hampshire;
(D) If no person is identified in RSA 149-M:65, I(m)(1)(A) through (C) within the United States, the producer is the importer of record for the battery into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the battery in New Hampshire;
(E) If no person is identified in RSA 149-M:65, I(m)(1)(A) through (D) with a commercial presence in New Hampshire, the producer is the person who first sells, offers for sale, or distributes the battery in or into New Hampshire.
(2) For battery-containing products:
(A) If the product is sold under the brand of the product manufacturer, the producer is the manufacturer of the product;
(B) If the product is sold under a retail or third-party brand, the producer is the brand owner;
(C) If no person is identified in RSA 149-M:65, I(m)(2)(A) or (B), the producer is the licensee of a brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in or into New Hampshire, whether or not the trademark is registered in New Hampshire;
(D) If no person is identified in RSA 149-M:65, I(m)(2)(A) through (C) located within the United States, the producer is the importer of record for the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in New Hampshire;
(E) If no person is identified in RSA 149-M:65, I(m)(2)(A) through (D) with a commercial presence in New Hampshire, the producer is the person who first sells, offers for sale, or distributes the product in or into New Hampshire.
(F) A person shall not be considered a producer if they only manufacture, sell, offer for sale, distribute, or import a battery-containing product into New Hampshire, and the batteries used in that product are supplied by a producer that is a member of a registered battery stewardship organization under this subdivision. The battery producer must provide written certification of such membership to both the product manufacturer and the battery stewardship organization of which the battery producer is a member.
(q) "Program" means a program implemented by a battery stewardship organization under an approved battery stewardship plan.
(r) "Rechargeable battery" means a battery containing one or more voltaic or galvanic cells, electrically connected to produce energy, and designed to be recharged.
(s) "Recycling" has the same meaning as in RSA 149-M:4, XX.
(t) "Recycling efficiency rate" means the ratio of the weight of covered battery components and materials recycled by a program operator to the weight of covered batteries collected.
(u) "Retailer" means a person who sells or offers for sale covered batteries or battery-containing products in or into New Hampshire, including to other businesses.
II. Requirement that Producers Implement a Stewardship Plan. Beginning July 1, 2028, a producer that sells, offers for sale, or distributes covered batteries or battery-containing products in or into New Hampshire shall participate in an approved New Hampshire state battery stewardship plan through participation in and appropriate funding of a battery stewardship organization. A producer that does not participate in such an organization and plan shall not sell, offer for sale, or distribute covered batteries or battery-containing products in or into the state.
Amend the introductory paragraph of RSA 149-M:67, I as inserted by section 1 of the bill by replacing it with the following:
I. Each battery stewardship organization shall submit a stewardship plan to the department for approval by January 1, 2028, for covered batteries. The department may extend the submission deadline for good cause shown. A battery stewardship organization may submit a revised plan to update an approved plan. Each plan shall include the following elements:
Amend RSA 149-M:67, I(c) as inserted by section 1 of the bill by replacing it with the following:
(c) A description of how covered batteries and battery-containing products will be managed using environmentally sound management practices, including criteria for collection sites, safety training procedures, and a list of proposed sorters, transporters, processors, and battery recyclers used for recycling;
Amend RSA 149-M:68, I as inserted by section 1 of the bill by replacing it with the following:
I. Each battery stewardship plan shall include annual performance goals to measure the effectiveness of the program, including:
(a) The weight, by chemistry, of covered batteries collected;
(b) The weight of materials recovered from covered batteries collected, in total and by battery recycling method;
(c) The public convenience and accessibility of the collection system; and
(d) Targeted recycling efficiency rates for covered batteries by recycling method.
Amend RSA 149-M:70, II(d) as inserted by section 1 of the bill by replacing it with the following:
(d) Ensure medium format, recalled and damaged or defective batteries are collected in compliance with all applicable regulatory requirements;
Amend RSA 149-M:72, I as inserted by section 1 of the bill by replacing it with the following:
I. Each battery stewardship organization submitting a battery stewardship plan, revision, or amendment shall reimburse the department for administrative costs incurred in implementing, administering, and enforcing this chapter. Each person collecting batteries independent of a battery stewardship organization pursuant to 149-M:74 shall reimburse the department for administrative costs incurred in implementing, administering, and enforcing this chapter. The reimbursement shall be sufficient to cover the department’s full costs, including costs associated with rulemaking and other startup activities necessary prior to the initial plan submissions. The department shall calculate the reimbursement amount to be paid by battery stewardship organizations and independent collectors on a proportional basis relative to its costs. No later than 90 days before a plan is due, and every two years thereafter, the department shall identify its incurred costs and determine the reimbursement amount necessary to fully recover those costs. The total reimbursement collected shall not exceed the amount necessary to administer this chapter. The timing and method of payment shall be determined in consultation with the department.
Amend RSA 149-M:74 as inserted by section 1 of the bill by replacing it with the following:
149-M:74 Collection of Batteries Independent of a Battery Stewardship Program.
I. A person may operate a fee-based collection and recycling program for covered batteries independent of a battery stewardship organization, with up to 10 sites that are not fee-based for political subdivision sites, if the following conditions are met:
(a) The person’s services and facilities shall comply with all applicable federal, state, and local laws and regulations, including U.S. Department of Transportation requirements and all applicable provisions of the department;
(b) The person accepts all covered batteries;
(c) The person receives no compensation from a battery stewardship organization with respect to the covered batteries, unless the battery stewardship organization has an agreement with the person;
(d) The person provides the following information to the department annually:
(1) The weight, by chemistry, of covered batteries collected;
(2) The weight of materials recovered from covered batteries collected, in total and by battery recycling method;
(3) The recycling efficiency rate for covered batteries by recycling method;
(4) A description of how each facility used for the disposition of covered batteries, whether recycled or otherwise, managed the batteries and battery components; and
(5) The weight and chemistry of covered batteries sent to each facility that is used for disposition of the batteries; and
(e) If a battery stewardship organization's performance goals would be impacted by the independent collection information provided under this section, the department shall:
(1) Consider the information when calculating the collection and recycling efficiency rate of the battery stewardship organization; and
(2) Provide the information to the battery stewardship organization.
II. Battery-containing products regulated pursuant to any statutorily created product stewardship program for electronic device collection and recycling will not be subject to duplicative obligations under this chapter.
Amend the bill by replacing section 2 with the following:
2 Effective Date. This act shall take effect upon its passage.