Introduction
On March 5, 2026, the Oregon Legislature passed House Bill 4144 (the Bill), which would require producers of batteries or battery-containing products sold in Oregon to participate in a battery producer responsibility organization (PRO) and fund a statewide battery collection and recycling program. The Bill now awaits Governor Tina Kotek’s signature.
This Bill reflects a growing trend among states to adopt extended producer responsibility (EPR) programs for batteries. Like other recent state laws, it applies to most battery chemistries and shifts responsibility for end-of-life management from municipalities and taxpayers to the companies that manufacture and sell batteries and battery-powered products.
Key Takeaways
- Producers of covered batteries or battery-containing products must participate in a battery PRO to sell or distribute those products in Oregon beginning July 1, 2029.
- The battery PRO must submit a battery producer responsibility program plan to the Oregon Department of Environmental Quality (DEQ) by September 1, 2028.
- DEQ must evaluate studies or assessments from other states to determine whether it should address additional products or batteries. DEQ must report its findings to the Oregon Legislature by May 30, 2028, which may inform future program expansions or regulatory updates.
Covered Batteries and Battery-Containing Products
The Bill establishes requirements for covered batteries and battery-containing products sold or distributed in Oregon. It defines covered batteries to include:
- Portable batteries; and
- Medium-format batteries.
Based on the applicable definitions, most rechargeable and primary batteries weighing less than 25 pounds would be in scope of the Bill. Companies should consider this wide coverage when assessing potential compliance obligations; however, the legislation excludes several categories of batteries and products, including:
- Batteries contained in certain medical devices;
- Batteries containing an electrolyte as a free liquid;
- Lead-acid batteries weighing more than 11 pounds;
- Batteries used in motor vehicles;
- Batteries not designed to be easily removable from products; and
- Battery energy storage systems.
Producer Requirements and Producer Responsibility Program Plan
The Bill would require producers of covered batteries or battery-containing products to join and fund a battery PRO that operates a statewide battery stewardship program. Each participating producer would fund the battery PRO’s program based on apportioned membership fees. Notably, the Bill would also permit the battery PRO to structure fees to incentivize environmental goals, such as redesigning batteries to facilitate reuse and recycling, increasing recycled content in batteries, and using fewer materials that increase battery management costs.
Under this legislation, the battery PRO must submit a battery producer responsibility program plan to DEQ for approval by September 1, 2028. The program plan must include, among other elements:
- A list of participating producers and brands covered by the program;
- A description of how the PRO will create a network of convenient and equitable collection sites throughout the state. For example, the program must ensure that 95 percent of residents live within 15 miles of a portable battery collection site;
- Information about implementing public education and outreach programs to increase awareness of battery recycling opportunities;
- Performance goals and metrics, such as collection rates and recycling efficiency; and
- A program budget and fee structure to fund operations.
The battery PRO would also be tasked with submitting an annual report to the DEQ on the implementation of its program.
The Bill authorizes DEQ to administer and enforce the program, including approving or rejecting program plans, conducting inspections, and issuing civil penalties for noncompliance.
In passing this Bill, Oregon joins 15 other states that have enacted similar battery extended producer responsibility programs. Entities assessing their regulatory obligations should review each program’s requirements on a state-by-state basis. For example, Oregon’s program covers battery types similar to those covered in legislation recently passed in several other states, including Nebraska, Connecticut, Colorado, and Washington. Unlike these other states, Oregon’s Bill does not include battery labelling or marking requirements or create any express requirements for retailers.
Looking Ahead
If signed into law, companies that manufacture or sell batteries or battery-containing products in or into Oregon should evaluate whether they qualify as covered producers and monitor DEQ rulemaking and implementation activities, with an eye towards the July 1, 2029, program launch. The Bill also underscores the ongoing trend toward state-level battery EPR legislation. Companies operating nationally may already be facing a patchwork of similar requirements across multiple jurisdictions.
