Batteries are powering a fire problem鈥擭ebraska just took action.聽Batteries are everywhere. But when tossed in the trash, they can spark fires in garbage trucks, endanger workers, and damage recycling facilities.聽On May 20, Nebraska Governor Jim Pillen signed LB36 officially enacting the Safe Battery Collection and Recycling Act. The bill marks a major milestone for environmental protection, public safety, and extended producer responsibility (EPR) in the state. This new legislation tackles one of the fastest-growing, most valuable, and most dangerous waste streams in the country鈥攍ithium-ion and other household batteries.
Championed by Senator Jana Hughes and developed through collaboration with Nebraska state聽 officials, local governments, and national partners鈥揑ncluding the Product Stewardship Institute鈥搕he new law establishes a statewide, producer-funded battery stewardship program for portable and medium-format batteries. It reflects years of policy development and incorporates best practices from states like Vermont, Washington, and Illinois.
What the Law Does聽
LB36 establishes a producer-funded battery stewardship program for portable and medium-format batteries sold in Nebraska. That means battery producers鈥攏ot taxpayers鈥攚ill now be responsible for the safe collection, recycling, and education programs needed to manage battery waste.
Key elements of the law include:
- Producer responsibility: Beginning in 2028, producers must join a state-approved Battery Stewardship Organization (BSO) to sell batteries in Nebraska.
- Free statewide collection: Convenient drop-off sites must be available across the state, including rural and underserved areas.
- Safety protocols: Batteries can no longer be landfilled or incinerated, and new rules ensure proper handling of damaged or recalled batteries.
- State oversight: The Nebraska Department of Environment and Energy will approve and monitor all program plans.
- Clear performance goals: Programs must track consumer awareness, collection success, and recycling efficiency.
Why it Matters
Discarded batteries don鈥檛 just pose a fire risk鈥攖hey also contain valuable materials like lithium, cobalt, and zinc that can be reused when collected properly. But right now, most of those batteries end up in the trash. 聽LB36 shifts the burden away from local governments and toward the producers who profit from battery sales鈥攃reating a more sustainable, accountable system.
“The Safe Battery Collection and Recycling Act is a big first step in addressing the ongoing public safety issue with the improper disposal of lithium batteries at the end of their useful life. This provides Nebraska with the ability to implement an industry led and industry funded solution to collect and recycle batteries instead of throwing them away or wish-cycling them. I am thankful for my colleagues’ overwhelming support and the battery industry’s willingness to help mitigate the increasing occurrence of devastating fires caused by these batteries being thrown away rather than recycled.” said Senator Jana Hughes.
鈥淭his law is a major step forward in protecting public safety and the environment,鈥� said Kent Holm, Director of Douglas County (Nebraska) Environmental Services. 鈥淏y shifting responsibility to battery producers and ensuring convenient collection statewide, Nebraska is setting a strong example for how to manage battery waste responsibly and sustainably.鈥�
鈥淭his new law addresses critical public safety and environmental risks while promoting sustainable battery management,鈥� said Scott Cassel, CEO and Founder of PSI. 鈥淚t鈥檚 a pragmatic, well-structured solution that will reduce fires, protect workers, and conserve valuable materials.鈥�
With the passage of LB36, Nebraska becomes the latest in a growing list of states鈥攁longside Vermont, Washington, Illinois, and Colorado鈥攖o adopt battery extended producer responsibility (EPR) laws
PSI supported the development of Nebraska鈥檚 law by sharing model legislation, policy research, and lessons learned from other states. As implementation moves forward, PSI will continue to work with state leaders and local communities to ensure the program鈥檚 success.
What’s Next?
- 2026: Nebraska Department of Environment and Energy begins rulemaking
- 2028: Battery producers must participate in a stewardship organization
- Ongoing: Collection, education, and recycling programs launch across the state