SUMMARY OF U.S. STATE LEAD-ACID BATTERY LAWS
 |
| STATE/COUNTY |
EFFECTIVE
DATE |
BCI
MODEL |
DEPOSIT
(REFUNDABLE) |
SPLIT OF DEPOSIT |
DEPOSIT
REFUND
PERIOD |
POINT OF
SALE SIGN |
FEE
(NONREFUNDABLE) |
| Arizona |
09/27/90 |
Yes |
$15 (C) |
100% Retailer |
45 days |
Retailer |
|
| Arkansas |
07/1/92 |
Yes |
$10 (C) |
100% Retailer |
30 Days |
State |
|
| California |
01/1/89 |
Yes |
|
|
|
No |
|
| Colorado |
7/1/07 |
Yes |
See v |
100 % Retailer |
30 Days |
No |
|
| Connecticut |
10/1/90 |
Yes |
$5 (C) |
100% Retailer |
30 days |
Retailer |
|
| Florida |
01/1/89 |
Yes |
|
|
|
No |
$1.50o |
| Georgia |
01/1/91 |
Yes |
|
|
|
Retailer |
|
| Hawaii |
01/1/90 |
Yes |
|
|
|
State |
|
| Idaho |
07/1/91 |
Yes |
$10 (C) |
100% Retailer |
30 days |
Retailer |
|
| Illinois |
09/1/90 |
Yes |
See w |
|
|
Retailer |
|
| Indiana |
01/1/91 |
Yes |
|
|
|
Retailer |
|
| Iowa |
07/1/90 |
Yes |
|
|
|
Retailer |
|
Missouri
Kansas City
|
03/14/90 |
Yes |
|
|
|
Retailer |
|
| Kentucky |
07/13/90 |
Yes |
|
|
|
Retailer |
|
| Louisiana |
09/1/89 |
Yes |
|
|
|
Retailer |
|
| Maine |
10/30/89 |
Yes |
$10 (C) |
100% Retailer |
7 days |
State |
$1.00p |
| Massachusetts |
12/31/90 |
Nog |
|
|
|
No |
|
| Michigan |
04/1/90 |
Yes |
|
|
|
State |
|
| Minnesota |
10/4/89 |
Yesf |
$10 min. |
100% Retailer |
|
State |
|
| Mississippi |
07/1/91 |
Yes |
|
|
|
State |
|
| Missouri |
01/1/91 |
Yes |
|
|
|
State |
$.50 |
| Nebraska |
09/1/94 |
Noi |
|
|
|
|
|
| Nevada |
01/1/92 |
Nog |
|
|
|
No |
|
| New Hampshire |
01/1/91 |
Nog |
|
|
|
No |
|
| New Jersey |
10/9/91 |
Yes |
|
|
|
Retailer |
|
| New Mexico |
12/31/91 |
Nog |
|
|
|
|
|
| New York |
01/1/91 |
Yes |
$5 (C) |
100% Retailer |
30 Days |
Retailer |
|
| North Carolina |
01/1/91 |
Yes |
|
|
|
Retailer |
|
| North Dakota |
01/1/92 |
Yes |
|
|
|
No |
|
| Ohio |
04/25/08 |
Yes |
|
|
|
Retailer |
|
| Oklahoma |
09/1/93 |
Yest |
|
|
|
Retailer |
|
| Oregon |
01/1/90 |
Yes |
|
|
|
Retailer |
|
| Pennsylvania |
07/26/89 |
Yes |
|
|
|
State |
|
| Rhode Island |
01/1/89 |
Yes |
See u |
|
|
State |
|
| South Carolina |
05/27/91 |
Yes |
$5x |
100% Retailer |
30 days |
State |
$2m |
| South Dakota |
07/1/92 |
Yes |
|
|
|
No |
|
| TennesSee |
07/1/90 |
Yesq |
|
|
|
No |
|
| Texas |
09/1/91 |
Yes |
|
|
|
State |
$2/$3n |
| Utah |
01/1/92 |
Yes |
|
|
|
Retailer/Wholesaler |
|
| Vermont |
06/17/94 |
Yes |
|
|
|
Retailer |
|
| Virginia |
07/1/90 |
Yes |
|
|
|
State |
|
| Washington |
07/23/89 |
Yes |
$5 min. |
100% Retailer |
30 days |
State |
|
| West Virginia |
04/6/94 |
Yess |
|
|
|
Retailer/Wholesaler |
|
| Wisconsin |
01/1/91 |
Yes |
$10j |
|
|
State |
|
| Wyoming |
06/8/89 |
Yes |
|
|
|
State |
|
| Footnotes: |
| a |
Deposits are flat fees, minimums or maximums. |
| b |
This refers to whose responsibility it is to make the educational signs, the state or the retailer.
A "No" indicates that there is no sign requirement." |
| c |
AZ requires all lead batteries sold to be labeled with a universally accepted recycling symbol.
AZ also requires that State agencies and political subdivisions comply with the battery recycling law. |
| d |
Retailers in CT must take back batteries one-for-one at the point of sale. |
| e |
Kansas City's ordinance requires that retailers take back up to 3 batteries not at the point of
sale, and it requires that junk batteries be stored in "an adequately ventilated enclosure in good repair
that protects its contents from any precipitation, etc." Any spilled acid must be immediately collected and
neutralized. |
| f |
MN limits the number of batteries that a consumer can return to retailers to 5 at a time. |
| g |
NH, NM, NV and MA placed a ban on the landfilling and incineration of lead batteries only. NV
will allow lead battery disposal at stat "permitted" facilities, however. |
| h |
OR requires that until 12/31/93 retailers must accept at least 1 battery from consumers, after
which they must only accept batteries one-for-one at the point of sale. |
| i |
NE placed a prohibition on only the landfilling of lead batteries. |
| j |
WI retailers may charge $3 per battery returned outside of the trade-in scheme. |
| k |
UT requires retailers to take back a maximum of two used lead batteries from customers. In addition
to the BCI model law, a 1998 regulation prohibits solid waste disposal of lead acid batteries. |
| l |
ID requires all lead batteries sold to be labeled with a universally accepted recycling symbol.
In addition, batteries used in motorcycles, off-road recreation vehicles or lawn and garden equipment are exempt
from the deposit in lieu of a trade-in requirement. |
| m |
SC requires retailers to collect a $2.00 fee for lead batteries sold to the ultimate consumer.
The retailer may retain three percent of the collected fees to cover administrative costs. Fees collected by the
state treasurer are to be deposited into a Solid Waste Management Trust Fund. Small sealed lead-acid batteries
are now exempt from the fee and BCI model provisions; however, a study on the recycling of these batteries is
required. See S.C. Code Ann. x 44-96-40(23). |
| n |
TX requires the collection of a $2.00 and $3.00 fee for batteries less than 12volts, and, equal
to or greater than 12 volts respectively. Exempted from the fee is any battery that is: 1) rated at less than
10 ampere hours; 2) sealed so that no access to the interior of the battery is possible without destroying the
battery; and 3) with dimensions (sum of height, width and length) less than 15 inches. The fees are to be collected
by any wholesaler or retailer who sells a battery not for resale. To cover administrative costs, the dealer may
retain 2-1/2 cents per unit. All remaining money, less four percent to cover state administrative costs, goes
to the state comptroller to be placed in a waste remediation fund. |
| o |
FL requires the collection of a $1.50 fee per battery at the retail level. |
| p |
ME requires the collection of a $1.00 fee per battery at the retail level. |
| q |
TN prohibits landfills or incinerators in the state from accepting lead-acid batteries for incineration
or disposal. Further, lead-acid battery retailers must accept used lead-acid batteries as trade-in batteries. |
| r |
SD requires wholesalers and retailers to "accept, on a one for one exchange basis, used lead-acid
batteries and . . . ensure the proper handling and disposal of the batteries." Further, after July 1, 1995,
all lead-acid batteries shall be eliminated from landfilled wastes." |
| s |
WV requires retailers and wholesalers to collect used lead-acid batteries from customers and post
point-of-sale signs. |
| t |
OK requires that retailers of lead-acid batteries post and maintain a sign at or near the point
of display or sale to inform the public that lead-acid batteries are accepted for recycling. |
| u |
RI law specifies that retailers may voluntarily add a core charge (amount unspecified) to the
price of a new vehicle battery. The core charge must be refunded if a used battery is returned within 7 days of
the date of purchase. |
| v |
CO law prohibits land disposal of residentially generated lead-acid batteries, and directs persons
to deliver used batteries to battery retailers or distributors engaged in lead-acid battery collection or recycling,
secondary lead smelters, or recycling centers. Retailers that accept used lead-acid batteries may charge at least
a$10 deposit, or more,on any lead-acid battery sale that is not accompanied by a used battery return. Waste haulers
shall notify customers of the disposal prohibition and return options. |
| w |
IL statute states that any person selling lead-acid batteries at retail may either charge a recycling
fee on each new lead-acid battery sold for which the customer does not return a used battery to the retailer,
or provide a recycling credit to each customer who returns a used battery for recycling at the time of purchasing
a new one. |
| x |
SC’s Department of Health and Environmental Control (DHEC) has declined to
state whether the $5 is a maximum or minimum. However, DHEC instructed retailers that “if you determine that you,
as a retailer, can charge more than the $ 5.00 regulatory amount, you should make sure that the consumer is aware
that the amount in excess of the $ 5.00 regulatory amount is not a state-mandated fee, but is an additional fee
being charged by you, the retailer.” If an additional deposit is charged, it should be disclosed as being in addition
to the $5 state mandated deposit in POS signage and as a separate line-item on receipts. |
Final Note:
Several states have adopted separate household or dry cell battery
recycling laws that include provisions strictly applicable to small sealed lead-acid batteries. These states are
California, Florida, Illinois, Iowa, Maine, Maryland, Minnesota, New Hampshire, New Jersey, New York, South Carolina,and
Vermont. |
| Lead-Acid Battery Definitions by State |
| Arizona |
"A battery with a core of elemental lead and a capacity of six or more volts which is suitable
for use in a vehicle or boat." |
| Arkansas |
"A battery with a core of elemental lead and a capacity of six or more volts." |
| California |
"Any battery which is primarily composed of both lead and sulfuric acid, with a capacity
of six volts or more, and which is used for any of the following purposes: 1) as a starting battery which is designed
to deliver a high burst of energy necessary to crank an engine until it starts; 2) as a motive power battery which
is designed to provide the sources of power for propulsion or operation; or 3) as a stationary standby battery
which is designed to be used in systems where the battery acts as a source of emergency power, serving as a backup
in case of failure or interruption in the flow of power from the primary source." |
| Colorado |
A battery that: a) consists of lead and sulfuric acid; b) is used as a power source; and c) is
not intended as a power source for consumer products. |
| Connecticut |
"A lead-acid battery or a motor vehicle battery." |
| Florida |
Under the recycling provisions, the term lead-acid battery is undefined. Under the battery fee
provisions, the term is defined as follows: "[T]hose lead-acid batteries designed for use in motor vehicles,
vessels, and aircraft, and includes such batteries when sold as a component part of a motor vehicle, vessel, or
aircraft, but not when sold to recycle components." |
| Georgia |
The term lead-acid battery is undefined, however, the law applies only to "lead-acid vehicle
batteries. . ." |
| Hawaii |
The term lead-acid battery is undefined, however, the law appears to apply to "motor vehicle
or other lead-acid batteries. . ." |
| Idaho |
"A battery with a core of elemental lead and a capacity of six or more volts which is suitable
for use in farm equipment, construction equipment, a motor vehicle or a boat. Batteries only suitable for motor
cycles, off-road recreation vehicles or lawn and garden equipment are exempt from the fees in this chapter." |
| Illinois |
"A battery containing lead and sulfuric acid that has a nominal voltage of at least six volts
and is intended for use in motor vehicles." |
| Indiana |
"A battery that: 1) contains lead and sulfuric acid; and 2) has a nominal voltage of at least
six volts." |
| Iowa |
The term lead-acid battery is undefined. |
| Kansas |
"Any battery that consists of lead and sulfuric acid, is used as a power source, and has
a capacity of six (6) volts or more." |
| Kentucky |
The term lead-acid battery is undefined. |
| Louisiana |
The term lead-acid battery is undefined, however, the law applies to "motor vehicle batteries
or other lead-acid batteries. . ." |
| Maine |
"A device designed and used to store electrical energy through chemical reactions involving
lead and acid." |
| Massachusetts |
The term lead battery is undefined and unqualified in the regulation. |
| Michigan |
"A storage battery, that is used to start an internal combustion engine or as the principal
electrical power source for a vehicle, in which the electrodes are grids of lead containing lead oxides that change
in composition during charging and discharging, and the electrolyte is dilute sulfuric acid." |
| Minnesota |
The term lead-acid battery is undefined and unqualified in the law. |
| Mississippi |
The term lead-acid battery is undefined, however, the law applies to "motor vehicle batteries
or other lead-acid batteries. . ." |
| Missouri |
"A battery designed to contain lead and sulfuric acid with a nominal voltage of at least
six volts and of the type intended for use in motor vehicles and watercraft." |
| Nebraska |
Automotive recyclers who generate, collect, transport, store, or regenerate lead-acid batteries
for reclamation purposes may be exempt from certain hazardous waste management requirements. The basic rule of
thumb is that the batteries must be either reclaimed either through regeneration or another means. If the batteries
are not reclaimed, you must follow the hazardous waste regulations. |
| Nevada |
The term lead-acid battery is undefined, however, the law applies to "motor vehicle batteries." |
| New Hampshire |
The term lead-acid battery is undefined, however, the law applies to "motor vehicle or wet
cell batteries." |
| New Jersey |
"A lead-acid electric storage battery designed for use in motor vehicles, aviation equipment
or marine vessels." |
| New Mexico |
The term lead-acid battery is undefined and unqualified in the regulation. |
| New York |
"Any battery with a capacity of six or more volts which contains lead and sulfuric acid and
which is used as a power source in a vehicle." |
| North Carolina |
The term lead-acid battery is undefined, however, the law applies to "motor vehicle batteries
or other lead-acid batteries. . ." |
| North Dakota |
The term lead-acid battery is undefined. |
| Ohio |
"Lead-acid battery" means a battery that contains lead and sulfuric acid, is "used
as a power source, and is not intended as a power source for consumer products." |
| Oklahoma |
"A lead-acid electrical device used in boats, planes and motor vehicles." |
| Oregon |
The term lead-acid battery is undefined. |
| Pennsylvania |
The term lead-acid battery is undefined, however, the law applies to ""motor vehicle
batteries or other lead-acid batteries. . ." |
| Rhode Island |
"Batteries used in any vehicle, or of a capacity of six (6) volts or more, and of one hundred
fifty (150) pounds or less in weight, and like batteries in stationary uses." |
| South Carolina |
"Any battery that consists of lead and sulfuric acid, is used as a power source, and has
a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery. A small
sealed lead-acid battery weighs twenty-five pounds or less, and is used in non-vehicular, non-SLI (starting lighting
ignition) applications." |
| South Dakota |
The term lead-acid battery is undefined. |
| TennesSee |
The term lead-acid battery is undefined, however, the law applies to "automobile batteries." |
| Texas |
Under the recycling provisions, the term lead-acid battery is undefined, however, the law applies
to "motor vehicle batteries or other lead-acid batteries. . ." Under the battery fee provisions, the
term is defined as follows: "any battery with a capacity of six or more volts which contains lead and sulfuric
acid." |
| Utah |
The term lead-acid battery is undefined, however, the law applies to any "motor vehicle battery
or other lead-acid battery. . ."
"Lead-acid battery means a battery that consists of lead and sulfuric
acid and is used as a power source."" Nevertheless, the law exempts small sealed lead-acid batteries
(weighs less than twenty-five pounds, is used in non-vehicular applications and is not used as the principal source
for transportation, including automobiles, motorcycles, and boats)." |
| Vermont |
"Lead-acid battery means a battery that consists of lead and sulfuric acid and is used as
a power source." Nevertheless, the law exempts small sealed lead-acid batteries (weighs less than twenty-five
pounds, is used in non-vehicular applications and is not used as the principal source for transportation, including
automobiles, motorcycles, and boats). |
| Virginia |
The term lead-acid battery is defined as "any wet cell battery." |
| Washington |
"Batteries capable for use in any vehicle, having a core consisting of elemental lead, and
a capacity of six or more volts." |
| West Virginia |
"Lead-acid battery means an encasement which contains or contained lead and sulfuric acid
to produce an electrical charge." |
| Wisconsin |
The term lead-acid battery is undefined, however, the law applies to any "motor vehicle battery
or other lead-acid battery. . ." |
| Wyoming |
The term lead-acid battery is undefined, however, the law applies to any "motor vehicle battery
or other lead-acid battery. . ." |
|
Summary (Total = 44 States and 1 City)
39 States and 1 City with the BCI Model (with and without deposit).
3 States with a $5 deposit in lieu of a trade-in requirement.
States with a $10 deposit in lieu of a trade-in requirement.
1 State with a maximum $15 deposit in lieu of a trade-in requirement.
1 State with a minimum $5 deposit inlieu of a trade-in requirement and1 State with a minimum $10 deposit in lieu of a trade-in requirement.
5 States with a ban on municipal solid waste disposal (landfills and/or incinerators) |