California Assembly Bill AB1189 Introduced / Bill

 BILL NUMBER: AB 1189INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Mendoza FEBRUARY 18, 2011 An act to amend Sections 15004, 15013, and 15014 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGEST AB 1189, as introduced, Mendoza. Recycling: batteries. Existing law creates the Department of Resources Recycling and Recovery in the Natural Resources Agency, which succeeds to the duties and authority of the former California Integrated Waste Management Board. Existing law, the Dry Cell Battery Management Act, imposes requirements upon the sale of rechargeable consumer products containing rechargeable batteries and imposes certain labeling requirements upon rechargeable batteries and products containing these batteries. This bill would make conforming changes with regard to the authority of the department in administering the act, and make technical, nonsubstantive changes. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15004 of the Public Resources Code is amended to read: 15004.  "Board" means the California Integrated Waste Management Board.   "Department" means the Department of Resources Recycling and Recovery.  SEC. 2. Section 15013 of the Public Resources Code is amended to read: 15013. (a)  On and after January 1, 1995, no   A  person shall  not sell or offer for sale in this state  any   a  rechargeable consumer product unless the product meets all of the following requirements: (1) The rechargeable battery is easily removable from the rechargeable consumer product or is contained in a battery pack that is easily removable from  ,  the product. (2) The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (b). (3) The rechargeable battery, battery pack, or rechargeable consumer product, if the product has a nonremovable rechargeable battery, has a brand name affixed to it. (4) The instruction manual for the rechargeable consumer product includes information regarding the proper recycling or disposal of the used rechargeable battery. (b)  On and after July 1, 1994, each   A    rechargeable battery, consumer product package containing a rechargeable battery or battery pack, and the package for each such item, which is sold or offered for sale in this state, shall meet all of the following requirements: (1) Be labeled in a conspicuous manner that is visible to consumers. (2) Include the chemical name or the standard abbreviation for the chemical composition of the battery or battery pack. (3) Contain the following statement: (A) On each easily removable battery or easily removable battery pack: "NICKEL-CADMIUM BATTERY. MUST BE RECYCLED OR DISPOSED OF PROPERLY." OR "SEALED LEAD BATTERY. MUST BE RECYCLED OR DISPOSED OF PROPERLY." (B) On each rechargeable consumer product, granted an exemption pursuant to Section 15014, without an easily removable battery or battery pack: "CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY." OR "CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY." (C) On the packaging of each rechargeable consumer product, rechargeable battery, or battery pack, unless the specified label is clearly visible through the packaging: "CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY." OR "CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY." (4) The label and messages specified in paragraphs (1), (2), and (3) shall use contrasting colors to differentiate the label message and background to enhance readability. (5)  No   A  political subdivision of this state  may   shall not  enact or enforce any environmental labeling requirement for a rechargeable battery or battery pack, or a rechargeable consumer product, that is not identical to the labeling requirements contained in this subdivision or  any   the  regulations adopted by the  board   department  pursuant to this subdivision. (c) The  board may   department shall  adopt regulations that require substantially similar labeling requirements for rechargeable batteries with chemistries that are different from those covered by subdivision (a) and the battery packs and products containing those batteries.  Any   The  regulations shall be adopted, amended, or repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) Any violation of this section is a misdemeanor. SEC. 3. Section 15014 of the Public Resources Code is amended to read: 15014. (a)  Any   A  manufacturer of, or  any   a  manufacturer trade organization with respect to,  any   a  rechargeable battery or rechargeable consumer product may submit an application to the  board   department  for an exemption from the requirements of paragraph (1) of subdivision (a) of Section  51013   15013  in accordance with the procedures prescribed in subdivision (b). Within 60 days of receipt of an application for an exemption, the  board   department  shall either approve or deny the request. The exemption shall be issued for a period that is determined to be appropriate by the  board   department  , but shall not exceed two years. (b) The application for an exemption shall include both of the following: (1) A statement of the specified basis for the exemption. (2) The name, business address, and telephone number of the applicant. (c) The  board   department  shall grant the exemption if the  board   department  finds that the manufacturer has been unable to commence manufacture of the rechargeable consumer product in compliance with this chapter and with an equivalent level of product performance without causing either of the following: (1) Danger to human health and safety or to the environment. (2) Violation of requirements for approvals from governmental agencies or the Underwriters Laboratories or a similar widely recognized private standard-setting organization. (d) The  board   department  may, by regulation, establish an application fee in an amount sufficient to offset the cost of processing requests for exemptions. (e) A manufacturer or manufacturer trade organization granted an exemption may apply for an extension of the exemption in accordance with the requirements and procedures in subdivisions (b) and (c). However, in considering an extension of any exemption, the  board   department  shall evaluate whether other rechargeable consumer product manufacturers have developed technology or methods that permit access to the rechargeable battery in the same or similar type application. The  board   department  may grant up to three extensions of not more than two years each after the date of the original exemption.