PolicyBrief
H.R. 5686
119th CongressOct 3rd 2025
Battery Fire Prevention Act
IN COMMITTEE

The Battery Fire Prevention Act establishes a tax credit for battery detectors, imposes a federal excise tax on battery sales to fund a dedicated recycling trust, and creates a National Battery Recycling Program offering grants and buy-back incentives.

Donald Norcross
D

Donald Norcross

Representative

NJ-1

LEGISLATION

New 5% Battery Tax Funds National Recycling Program, Kicking Off 2026

The newly introduced Battery Fire Prevention Act is basically a two-for-one deal: it aims to stop catastrophic fires in recycling plants while simultaneously setting up a national system to handle the lithium batteries powering everything from our phones to our cars. Starting in 2026, it creates a new 30% tax credit for recyclers who buy battery detection tech and, crucially, imposes a new 5% federal excise tax on all battery sales to fund a national buy-back program.

The Cost of Convenience: Who Pays for Recycling?

Let’s cut right to the part that hits the wallet: Section 3 introduces a brand-new 5% federal excise tax on the sale price of batteries, paid by the manufacturer or importer. While this tax is aimed at the supply chain, history tells us this cost rarely stays put. If you’re buying a new laptop, a power tool, or even a replacement battery for your electric scooter after December 31, 2025, expect that 5% to be baked into the price tag. For busy people already watching every dollar, this is a direct cost increase on essential electronics and tools.

This revenue isn't just going into the general government fund, though. Section 4 funnels every dollar from that 5% tax into a brand-new savings account called the Lithium Battery Buy-back Trust Fund. This fund is earmarked exclusively for the National Battery Recycling Program established in Section 5. Think of it as a closed-loop system: the tax you pay on a new battery directly funds the infrastructure needed to safely recycle it later.

The Carrot: Cash for Your Old Batteries

Section 5 details the National Battery Recycling Program, which the Department of Energy (DOE) and the EPA must set up within five years. The goal is simple: make it easy to drop off used lithium batteries and keep them out of the regular trash stream, where they cause fires. The program will approve recycling facilities and, here’s the interesting part, use competitive grants to help these facilities set up drop-off systems that offer a cash incentive to individuals who bring in their used batteries.

For the average person, this means that instead of tossing that dead power tool battery or old tablet into a drawer, you might actually get a few bucks back for taking it to an approved drop-off point. The DOE also gets the power to run this whole operation using the money from the new Trust Fund, meaning the program’s success hinges entirely on the revenue generated by that 5% excise tax.

The Stick: Tax Breaks for the Recycling Industry

To help recycling facilities handle this influx of batteries safely, Section 2 offers a significant financial incentive. Recycling businesses can claim a tax credit equal to 30% of the cost of new equipment—like X-ray scanners or AI systems—specifically designed to detect batteries hidden within loads of scrap metal or paper. This is a big deal because batteries cause massive fires in recycling centers, making detection technology critical for safety. However, the bill is clear: you can’t claim this 30% credit and take a standard tax deduction for the same expense. You have to choose, which is a key detail for business owners planning their taxes.

Finally, the bill also quietly changes how the federal government buys batteries. Section 5 mandates that federal agencies must prioritize purchasing lithium batteries from the very facilities approved under this new recycling program. This gives approved recyclers a guaranteed customer base and helps build up the market for recycled battery materials.