SB 2050 amends Chapter 361 of the Texas Health and Safety Code by creating a new Subchapter P to regulate the recycling and disposal of consumer energy storage modules — primarily batteries and electrochemical devices used to power consumer electronics. The bill prohibits individuals from disposing of these modules through regular municipal solid waste streams, mixed metal recycling facilities, or municipal recycling programs unless done through a specific local recycling initiative. This aims to prevent improper disposal, which could pose environmental and safety hazards.
The bill provides important limited liability protections. Individual consumers are shielded from civil, administrative, or criminal penalties for inadvertent violations related to household use. Likewise, operators of solid waste disposal facilities, metal recyclers, and municipal recycling centers are not held liable if energy storage modules are incorrectly placed in their systems by third parties. This protection balances environmental safety with reasonable expectations for individual and business responsibility.
Finally, SB 2050 tasks the Texas Commission on Environmental Quality (TCEQ) with identifying and designating locations where consumers and stewardship organizations may properly deliver these modules for recycling or disposal. The bill emphasizes voluntary participation and cooperation between private manufacturers, recyclers, and the public, with a minimal new regulatory burden.
The originally filed version of SB 2050 was narrowly focused, prohibiting the disposal of "consumer energy storage modules" — specifically including alkaline, lithium-ion, nickel-cadmium, and nickel-metal hydride batteries — in mixed municipal solid waste. It also required the Texas Commission on Environmental Quality (TCEQ) to identify businesses or facilities where consumers could take these modules for recycling or disposal. The original bill was simple, targeting only landfill disposal and mandating minimal administrative rulemaking.
In contrast, the Committee Substitute substantially broadens both the scope and detail of the legislation. It removes the list of specific battery types and adopts a more general definition of "consumer energy storage modules," allowing for flexibility as technology evolves. It expands the disposal prohibition to include not just municipal landfills but also mixed metal recycling facilities and municipal recycling streams unless part of a specialized local recycling program. Additionally, the substitute introduces significant new protections: it grants liability shields to individual consumers for inadvertent disposal violations and to facility operators who unknowingly receive banned modules.
Moreover, the substitute introduces the concept of “steward organizations” — groups of manufacturers or recyclers organized to support module recycling — and directs the TCEQ to identify collection points more comprehensively. Overall, the substitute transforms the bill from a simple landfill disposal ban into a broader framework that promotes responsible recycling while protecting consumers and businesses from undue legal risk.