81-15,328.

Battery stewardship organization; civil actions; authorized.

(1) A battery stewardship organization implementing an approved battery stewardship plan may bring a civil action or actions to recover costs, damages, and fees, as specified in this subsection, from a producer who sells or otherwise makes available in Nebraska covered batteries or battery containing products not included under an approved plan in violation of the requirements of the Safe Battery Collection and Recycling Act. An action under this subsection may be brought against one or more defendants. An action under this subsection shall only be brought against a defendant producer if the battery stewardship organization incurs costs in Nebraska, including legal fees and expenses and reasonable incremental administrative and program promotional costs, in excess of one thousand dollars to collect, transport, and recycle or otherwise dispose of the covered batteries or battery containing products of a nonparticipating producer.

(2) A battery stewardship organization implementing an approved battery stewardship plan may bring a civil action against a producer of a recalled battery to recover costs associated with handling the recalled battery, including legal fees and expenses.

(3) A battery stewardship organization implementing an approved battery stewardship plan may bring a civil action against another battery stewardship organization that underperforms on its battery collection obligations under the Safe Battery Collection and Recycling Act by failing to collect and provide for the end-of-life management of batteries in an amount roughly equivalent to costs imposed on the plaintiff battery stewardship organization by virtue of the failures of the defendant battery stewardship organization, plus legal fees and expenses.