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California Assembly Bill AB1509

California 2019-2020 Regular Session

California Assembly Bill AB1509 Compare Versions

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1-Amended IN Assembly May 01, 2019 Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1509Introduced by Assembly Members Mullin and Berman(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Bloom and Eggman)February 22, 2019 An act to add Section 42450.6 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 1509, as amended, Mullin. Solid waste: lithium-ion batteries.Existing law, the Rechargeable Battery Recycling Act of 2006, requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law defines rechargeable battery for purposes of these provisions to mean a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium-ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. a covered entity, as defined, on or before March 1, 2021, to provide a list of covered products that it sells or offers for sale in the state to the department and the total number of each covered product it sold in the state during the prior year, and to update those lists annually. The bill would define covered product to mean a lithium-ion battery sold separately or sold with a product, or a product containing a lithium-ion battery or battery pack that is not designed to be removed from the product by a consumer. The bill would require manufacturers and retailers, as defined, a covered entity to annually achieve specified collection and recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, products, as provided. The bill would require a manufacturer covered entity to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization. The bill would authorize a retailer covered entity to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program. The bill would require a covered entity to pay the department an administrative fee, set by the department at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this program. The bill would require the department to deposit those administrative fees in the Lithium-Ion Battery Recycling Cost of Implementation Account, which would be established by the bill, and would authorize the expenditure of those funds, upon appropriation by the Legislature, for certain purposes. The bill would require the department, on or before January 1, 2022, to adopt regulations to implement the program.This bill would also state the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year. Some of these batteries are sold individually, some are removable from the product in which they are sold, and others are secured inside of products and are not removable.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire. Lithium-ion batteries are already banned from disposal in California and should not be ending up in the states solid waste and recycling system.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.SEC. 2. It is the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.SEC. 3. Section 42450.6 is added to the Public Resources Code, to read:42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic a product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(C) An electronic device, as defined in Section 25214.10.1 of the Health and Safety Code.(D) A motor vehicle, as defined in Section 415 of the Vehicle Code.(3) Covered entity means the following:(A) The person or company that manufactures a covered product and that sells, offers for sale, or distributes the covered product in the state.(B) If there is no person or company that meets the description in subparagraph (A), the covered entity is the person or company that imports the covered product into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the covered entity is the person or company that sells, offers for sale, or distributes the covered product in the state.(4) Covered product means a covered battery or a covered battery-embedded product.(3)(5) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4)Manufacturer means any of the following:(A)The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B)If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C)If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5)Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is established by a group of covered entities to develop, implement, and administer a stewardship program established pursuant to this section.(7)(8) Stewardship program means a program established by manufacturers pursuant to paragraph (4) (6) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2)By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3)Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(2) On or before March 1, 2021, a covered entity shall provide a list of covered products that it sells or offers for sale in the state to the department. The covered entity shall also provide the department with the total number of each covered product it sold in the state during the prior year.(3) On or before March 1, 2022, and on or before March 1 of each year thereafter, a covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (2) and provide the updated lists to the department.(4) (A) On or before July 1, 2021, and once every three months thereafter, a covered entity shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this section. The total amount of administrative fees collected shall not exceed the states actual and reasonable regulatory costs to implement and enforce this section.(B) The department shall deposit administrative fees paid by a covered entity pursuant to subparagraph (A) into the Lithium-Ion Battery Recycling Cost of Implementation Account, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, and by any other agency that assists in the regulatory activities of administering and enforcing this section, for the regulatory activities of this section and to reimburse any outstanding loans made from other funds used to finance the startup costs of the departments activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section.(5) Covered entities shall achieve the following annual collection and recycling rates for covered products, based on the total number of covered products sold in the previous year and a reasonable projection of covered products discarded in the state, as determined by the department based on information gathered pursuant to paragraphs (2) and (3):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4)(A)A manufacturer shall establish and implement(6) A covered entity shall establish a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization.(B)By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5)(7) A retailer covered entity may achieve the recycling rates specified in paragraph (3) (5) through any of the following mechanisms:(A) The retailer covered entity may establish a take-back program for covered battery-embedded products in which the retailer covered entity offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer covered entity may establish a deposit system in which the retailer covered entity charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer covered entity and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer. covered entity.(C) If a retailer covered entity is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer covered entity may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.(c) In order to further the objective that covered entities establish and implement programs that comply with the requirements of this chapter, each covered entity shall pay all administrative and operational costs, or the covered entitys share of costs if the covered entity is part of a stewardship organization, associated with establishing and implementing the program in which it participates, including the cost of collecting, transporting, and recycling covered products.(d) On or before January 1, 2022, the department shall adopt regulations to implement this section.
1+Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1509Introduced by Assembly Members Mullin and Berman(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Bloom and Eggman)February 22, 2019 An act to amend Section 15013 of add Section 42450.6 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 1509, as amended, Mullin. Solid waste: rechargeable batteries: rechargeable consumer products. lithium-ion batteries.Existing law, the Rechargeable Battery Recycling Act of 2006, requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law defines rechargeable battery for purposes of these provisions to mean a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium-ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. The bill would require manufacturers and retailers, as defined, to achieve specified recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, as provided. The bill would require a manufacturer to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization. The bill would authorize a retailer to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.This bill would also state the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.Existing law prohibits the sale or offer of sale of a rechargeable consumer product, as defined, unless the product meets certain requirements, including, if the product has a nonremovable rechargeable battery, that the rechargeable battery, battery pack, or product has a brand name affixed to it. A violation of these provisions is a crime.This bill would require, for a product with a nonremovable rechargeable battery, that the manufacturer of the product provide disassembly information to recyclers of rechargeable consumer products in the state for the purpose of ensuring the safe removal of the battery, and would prohibit the sale or offer of sale of that product if the manufacturer does not provide that information. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would also make technical nonsubstantive changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.SEC. 2. It is the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.SEC. 3. Section 42450.6 is added to the Public Resources Code, to read:42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(3) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4) Manufacturer means any of the following:(A) The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B) If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5) Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship program means a program established by manufacturers pursuant to paragraph (4) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2) By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3) Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4) (A) A manufacturer shall establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization.(B) By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5) A retailer may achieve the recycling rates specified in paragraph (3) through any of the following mechanisms:(A) The retailer may establish a take-back program for covered battery-embedded products in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer may establish a deposit system in which the retailer charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer.(C) If a retailer is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.SECTION 1.Section 15013 of the Public Resources Code is amended to read:15013.(a)A person shall not sell or offer for sale in this state 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, or the product meets the requirements specified in paragraph (4).(2)The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (c).(3)The instruction manual for the rechargeable consumer product includes information regarding the proper recycling or disposal of the used rechargeable battery.(4)If the rechargeable consumer product has a nonremovable rechargeable battery, the rechargeable battery, battery pack, or rechargeable consumer product has a brand name affixed to it and the manufacturer of the product provides the information specified in subdivision (b).(b)The manufacturer of a rechargeable consumer product that has a nonremovable rechargeable battery shall provide disassembly information to recyclers of rechargeable consumer products in the state for the purpose of ensuring the safe removal of the battery from the rechargeable consumer product.(c)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)A political subdivision of this state 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 regulations adopted by the department pursuant to this subdivision.(d)The department may adopt regulations that require substantially similar labeling requirements for rechargeable batteries with chemistries that are different from those covered by subdivision (a) of Section 15010 and the battery packs and products containing those batteries. Any 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.(e)A violation of this section is a misdemeanor.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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3- Amended IN Assembly May 01, 2019 Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1509Introduced by Assembly Members Mullin and Berman(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Bloom and Eggman)February 22, 2019 An act to add Section 42450.6 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 1509, as amended, Mullin. Solid waste: lithium-ion batteries.Existing law, the Rechargeable Battery Recycling Act of 2006, requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law defines rechargeable battery for purposes of these provisions to mean a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium-ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. a covered entity, as defined, on or before March 1, 2021, to provide a list of covered products that it sells or offers for sale in the state to the department and the total number of each covered product it sold in the state during the prior year, and to update those lists annually. The bill would define covered product to mean a lithium-ion battery sold separately or sold with a product, or a product containing a lithium-ion battery or battery pack that is not designed to be removed from the product by a consumer. The bill would require manufacturers and retailers, as defined, a covered entity to annually achieve specified collection and recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, products, as provided. The bill would require a manufacturer covered entity to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization. The bill would authorize a retailer covered entity to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program. The bill would require a covered entity to pay the department an administrative fee, set by the department at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this program. The bill would require the department to deposit those administrative fees in the Lithium-Ion Battery Recycling Cost of Implementation Account, which would be established by the bill, and would authorize the expenditure of those funds, upon appropriation by the Legislature, for certain purposes. The bill would require the department, on or before January 1, 2022, to adopt regulations to implement the program.This bill would also state the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1509Introduced by Assembly Members Mullin and Berman(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Bloom and Eggman)February 22, 2019 An act to amend Section 15013 of add Section 42450.6 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 1509, as amended, Mullin. Solid waste: rechargeable batteries: rechargeable consumer products. lithium-ion batteries.Existing law, the Rechargeable Battery Recycling Act of 2006, requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law defines rechargeable battery for purposes of these provisions to mean a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium-ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. The bill would require manufacturers and retailers, as defined, to achieve specified recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, as provided. The bill would require a manufacturer to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization. The bill would authorize a retailer to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.This bill would also state the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.Existing law prohibits the sale or offer of sale of a rechargeable consumer product, as defined, unless the product meets certain requirements, including, if the product has a nonremovable rechargeable battery, that the rechargeable battery, battery pack, or product has a brand name affixed to it. A violation of these provisions is a crime.This bill would require, for a product with a nonremovable rechargeable battery, that the manufacturer of the product provide disassembly information to recyclers of rechargeable consumer products in the state for the purpose of ensuring the safe removal of the battery, and would prohibit the sale or offer of sale of that product if the manufacturer does not provide that information. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would also make technical nonsubstantive changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
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5- Amended IN Assembly May 01, 2019 Amended IN Assembly April 01, 2019
5+ Amended IN Assembly April 01, 2019
66
7-Amended IN Assembly May 01, 2019
87 Amended IN Assembly April 01, 2019
98
109 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1110
1211 Assembly Bill No. 1509
1312
1413 Introduced by Assembly Members Mullin and Berman(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Bloom and Eggman)February 22, 2019
1514
1615 Introduced by Assembly Members Mullin and Berman(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Bloom and Eggman)
1716 February 22, 2019
1817
19- An act to add Section 42450.6 to the Public Resources Code, relating to solid waste.
18+ An act to amend Section 15013 of add Section 42450.6 to the Public Resources Code, relating to solid waste.
2019
2120 LEGISLATIVE COUNSEL'S DIGEST
2221
2322 ## LEGISLATIVE COUNSEL'S DIGEST
2423
25-AB 1509, as amended, Mullin. Solid waste: lithium-ion batteries.
24+AB 1509, as amended, Mullin. Solid waste: rechargeable batteries: rechargeable consumer products. lithium-ion batteries.
2625
27-Existing law, the Rechargeable Battery Recycling Act of 2006, requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law defines rechargeable battery for purposes of these provisions to mean a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium-ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. a covered entity, as defined, on or before March 1, 2021, to provide a list of covered products that it sells or offers for sale in the state to the department and the total number of each covered product it sold in the state during the prior year, and to update those lists annually. The bill would define covered product to mean a lithium-ion battery sold separately or sold with a product, or a product containing a lithium-ion battery or battery pack that is not designed to be removed from the product by a consumer. The bill would require manufacturers and retailers, as defined, a covered entity to annually achieve specified collection and recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, products, as provided. The bill would require a manufacturer covered entity to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization. The bill would authorize a retailer covered entity to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program. The bill would require a covered entity to pay the department an administrative fee, set by the department at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this program. The bill would require the department to deposit those administrative fees in the Lithium-Ion Battery Recycling Cost of Implementation Account, which would be established by the bill, and would authorize the expenditure of those funds, upon appropriation by the Legislature, for certain purposes. The bill would require the department, on or before January 1, 2022, to adopt regulations to implement the program.This bill would also state the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.
26+Existing law, the Rechargeable Battery Recycling Act of 2006, requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law defines rechargeable battery for purposes of these provisions to mean a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium-ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. The bill would require manufacturers and retailers, as defined, to achieve specified recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, as provided. The bill would require a manufacturer to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization. The bill would authorize a retailer to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.This bill would also state the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.Existing law prohibits the sale or offer of sale of a rechargeable consumer product, as defined, unless the product meets certain requirements, including, if the product has a nonremovable rechargeable battery, that the rechargeable battery, battery pack, or product has a brand name affixed to it. A violation of these provisions is a crime.This bill would require, for a product with a nonremovable rechargeable battery, that the manufacturer of the product provide disassembly information to recyclers of rechargeable consumer products in the state for the purpose of ensuring the safe removal of the battery, and would prohibit the sale or offer of sale of that product if the manufacturer does not provide that information. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would also make technical nonsubstantive changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
2827
2928 Existing law, the Rechargeable Battery Recycling Act of 2006, requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. Existing law requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery of the type or brand that the retailer sold or previously sold at no cost to the consumer. Existing law defines rechargeable battery for purposes of these provisions to mean a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium-ion, or sealed lead-acid battery, or a battery pack containing these types of batteries.
3029
31-This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. a covered entity, as defined, on or before March 1, 2021, to provide a list of covered products that it sells or offers for sale in the state to the department and the total number of each covered product it sold in the state during the prior year, and to update those lists annually. The bill would define covered product to mean a lithium-ion battery sold separately or sold with a product, or a product containing a lithium-ion battery or battery pack that is not designed to be removed from the product by a consumer. The bill would require manufacturers and retailers, as defined, a covered entity to annually achieve specified collection and recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, products, as provided. The bill would require a manufacturer covered entity to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization. The bill would authorize a retailer covered entity to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program. The bill would require a covered entity to pay the department an administrative fee, set by the department at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this program. The bill would require the department to deposit those administrative fees in the Lithium-Ion Battery Recycling Cost of Implementation Account, which would be established by the bill, and would authorize the expenditure of those funds, upon appropriation by the Legislature, for certain purposes. The bill would require the department, on or before January 1, 2022, to adopt regulations to implement the program.
30+This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. The bill would require the department, by March 1, 2021, and by March 1 of each year thereafter, to track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year. The bill would require manufacturers and retailers, as defined, to achieve specified recycling rates for covered batteries and covered battery-embedded products based on the number of covered batteries and covered battery-embedded products disposed of in the previous year, as provided. The bill would require a manufacturer to establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization. The bill would authorize a retailer to achieve the recycling rates for covered battery-embedded products through any of specified mechanisms, including through a take-back program in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.
3231
3332 This bill would also state the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.
33+
34+Existing law prohibits the sale or offer of sale of a rechargeable consumer product, as defined, unless the product meets certain requirements, including, if the product has a nonremovable rechargeable battery, that the rechargeable battery, battery pack, or product has a brand name affixed to it. A violation of these provisions is a crime.
35+
36+
37+
38+This bill would require, for a product with a nonremovable rechargeable battery, that the manufacturer of the product provide disassembly information to recyclers of rechargeable consumer products in the state for the purpose of ensuring the safe removal of the battery, and would prohibit the sale or offer of sale of that product if the manufacturer does not provide that information. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would also make technical nonsubstantive changes.
39+
40+
41+
42+The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
43+
44+
45+
46+This bill would provide that no reimbursement is required by this act for a specified reason.
47+
48+
3449
3550 ## Digest Key
3651
3752 ## Bill Text
3853
39-The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year. Some of these batteries are sold individually, some are removable from the product in which they are sold, and others are secured inside of products and are not removable.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire. Lithium-ion batteries are already banned from disposal in California and should not be ending up in the states solid waste and recycling system.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.SEC. 2. It is the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.SEC. 3. Section 42450.6 is added to the Public Resources Code, to read:42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic a product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(C) An electronic device, as defined in Section 25214.10.1 of the Health and Safety Code.(D) A motor vehicle, as defined in Section 415 of the Vehicle Code.(3) Covered entity means the following:(A) The person or company that manufactures a covered product and that sells, offers for sale, or distributes the covered product in the state.(B) If there is no person or company that meets the description in subparagraph (A), the covered entity is the person or company that imports the covered product into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the covered entity is the person or company that sells, offers for sale, or distributes the covered product in the state.(4) Covered product means a covered battery or a covered battery-embedded product.(3)(5) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4)Manufacturer means any of the following:(A)The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B)If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C)If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5)Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is established by a group of covered entities to develop, implement, and administer a stewardship program established pursuant to this section.(7)(8) Stewardship program means a program established by manufacturers pursuant to paragraph (4) (6) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2)By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3)Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(2) On or before March 1, 2021, a covered entity shall provide a list of covered products that it sells or offers for sale in the state to the department. The covered entity shall also provide the department with the total number of each covered product it sold in the state during the prior year.(3) On or before March 1, 2022, and on or before March 1 of each year thereafter, a covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (2) and provide the updated lists to the department.(4) (A) On or before July 1, 2021, and once every three months thereafter, a covered entity shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this section. The total amount of administrative fees collected shall not exceed the states actual and reasonable regulatory costs to implement and enforce this section.(B) The department shall deposit administrative fees paid by a covered entity pursuant to subparagraph (A) into the Lithium-Ion Battery Recycling Cost of Implementation Account, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, and by any other agency that assists in the regulatory activities of administering and enforcing this section, for the regulatory activities of this section and to reimburse any outstanding loans made from other funds used to finance the startup costs of the departments activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section.(5) Covered entities shall achieve the following annual collection and recycling rates for covered products, based on the total number of covered products sold in the previous year and a reasonable projection of covered products discarded in the state, as determined by the department based on information gathered pursuant to paragraphs (2) and (3):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4)(A)A manufacturer shall establish and implement(6) A covered entity shall establish a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization.(B)By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5)(7) A retailer covered entity may achieve the recycling rates specified in paragraph (3) (5) through any of the following mechanisms:(A) The retailer covered entity may establish a take-back program for covered battery-embedded products in which the retailer covered entity offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer covered entity may establish a deposit system in which the retailer covered entity charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer covered entity and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer. covered entity.(C) If a retailer covered entity is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer covered entity may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.(c) In order to further the objective that covered entities establish and implement programs that comply with the requirements of this chapter, each covered entity shall pay all administrative and operational costs, or the covered entitys share of costs if the covered entity is part of a stewardship organization, associated with establishing and implementing the program in which it participates, including the cost of collecting, transporting, and recycling covered products.(d) On or before January 1, 2022, the department shall adopt regulations to implement this section.
54+The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.SEC. 2. It is the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.SEC. 3. Section 42450.6 is added to the Public Resources Code, to read:42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(3) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4) Manufacturer means any of the following:(A) The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B) If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5) Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship program means a program established by manufacturers pursuant to paragraph (4) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2) By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3) Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4) (A) A manufacturer shall establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization.(B) By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5) A retailer may achieve the recycling rates specified in paragraph (3) through any of the following mechanisms:(A) The retailer may establish a take-back program for covered battery-embedded products in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer may establish a deposit system in which the retailer charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer.(C) If a retailer is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.SECTION 1.Section 15013 of the Public Resources Code is amended to read:15013.(a)A person shall not sell or offer for sale in this state 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, or the product meets the requirements specified in paragraph (4).(2)The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (c).(3)The instruction manual for the rechargeable consumer product includes information regarding the proper recycling or disposal of the used rechargeable battery.(4)If the rechargeable consumer product has a nonremovable rechargeable battery, the rechargeable battery, battery pack, or rechargeable consumer product has a brand name affixed to it and the manufacturer of the product provides the information specified in subdivision (b).(b)The manufacturer of a rechargeable consumer product that has a nonremovable rechargeable battery shall provide disassembly information to recyclers of rechargeable consumer products in the state for the purpose of ensuring the safe removal of the battery from the rechargeable consumer product.(c)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)A political subdivision of this state 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 regulations adopted by the department pursuant to this subdivision.(d)The department may adopt regulations that require substantially similar labeling requirements for rechargeable batteries with chemistries that are different from those covered by subdivision (a) of Section 15010 and the battery packs and products containing those batteries. Any 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.(e)A violation of this section is a misdemeanor.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
4055
4156 The people of the State of California do enact as follows:
4257
4358 ## The people of the State of California do enact as follows:
4459
45-SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year. Some of these batteries are sold individually, some are removable from the product in which they are sold, and others are secured inside of products and are not removable.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire. Lithium-ion batteries are already banned from disposal in California and should not be ending up in the states solid waste and recycling system.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.
60+SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.
4661
47-SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year. Some of these batteries are sold individually, some are removable from the product in which they are sold, and others are secured inside of products and are not removable.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire. Lithium-ion batteries are already banned from disposal in California and should not be ending up in the states solid waste and recycling system.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.
62+SECTION 1. The Legislature finds and declares all of the following:(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year.(b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.(c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.(d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire.(f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.
4863
4964 SECTION 1. The Legislature finds and declares all of the following:
5065
5166 ### SECTION 1.
5267
53-(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year. Some of these batteries are sold individually, some are removable from the product in which they are sold, and others are secured inside of products and are not removable.
68+(a) Lithium-ion batteries are commonly found in everyday electronics, including cell phones, tablets, laptops, power tools, and toys. According to Call2Recycle, California consumes approximately 64 million lithium-ion batteries a year.
5469
5570 (b) These batteries store high levels of energy. If improperly disposed of, they pose a serious fire and safety hazard to waste collecting and processing infrastructure and workers.
5671
5772 (c) According to Fire Rover, more than 1,700 fires occurred in the United States and Canada in 2017 as a result of lithium-ion batteries. Resource Recycling Systems estimates that between 75 percent and 92 percent of lithium-ion batteries are disposed of improperly.
5873
5974 (d) In 2016, a lithium-ion battery started a fire at the Shoreway Recycling Center in the County of San Mateo, which threatened the safety of workers at the center, caused millions of dollars in damage, and shut the center down for 90 days.
6075
61-(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire. Lithium-ion batteries are already banned from disposal in California and should not be ending up in the states solid waste and recycling system.
76+(e) Each new lithium-ion battery deposited into the waste stream could cause another catastrophic fire.
6277
6378 (f) Given the increased consumption of lithium-ion batteries, the state must ensure the proper disposal of those batteries to protect Californias communities and workers from these hazards.
6479
6580 SEC. 2. It is the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.
6681
6782 SEC. 2. It is the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.
6883
6984 SEC. 2. It is the intent of the Legislature to enact legislation to amend the Electronic Waste Recycling Act of 2003 to allow for the recovery and recycling of lithium-ion batteries and products containing lithium-ion batteries under the existing program established by the act.
7085
7186 ### SEC. 2.
7287
73-SEC. 3. Section 42450.6 is added to the Public Resources Code, to read:42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic a product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(C) An electronic device, as defined in Section 25214.10.1 of the Health and Safety Code.(D) A motor vehicle, as defined in Section 415 of the Vehicle Code.(3) Covered entity means the following:(A) The person or company that manufactures a covered product and that sells, offers for sale, or distributes the covered product in the state.(B) If there is no person or company that meets the description in subparagraph (A), the covered entity is the person or company that imports the covered product into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the covered entity is the person or company that sells, offers for sale, or distributes the covered product in the state.(4) Covered product means a covered battery or a covered battery-embedded product.(3)(5) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4)Manufacturer means any of the following:(A)The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B)If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C)If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5)Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is established by a group of covered entities to develop, implement, and administer a stewardship program established pursuant to this section.(7)(8) Stewardship program means a program established by manufacturers pursuant to paragraph (4) (6) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2)By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3)Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(2) On or before March 1, 2021, a covered entity shall provide a list of covered products that it sells or offers for sale in the state to the department. The covered entity shall also provide the department with the total number of each covered product it sold in the state during the prior year.(3) On or before March 1, 2022, and on or before March 1 of each year thereafter, a covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (2) and provide the updated lists to the department.(4) (A) On or before July 1, 2021, and once every three months thereafter, a covered entity shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this section. The total amount of administrative fees collected shall not exceed the states actual and reasonable regulatory costs to implement and enforce this section.(B) The department shall deposit administrative fees paid by a covered entity pursuant to subparagraph (A) into the Lithium-Ion Battery Recycling Cost of Implementation Account, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, and by any other agency that assists in the regulatory activities of administering and enforcing this section, for the regulatory activities of this section and to reimburse any outstanding loans made from other funds used to finance the startup costs of the departments activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section.(5) Covered entities shall achieve the following annual collection and recycling rates for covered products, based on the total number of covered products sold in the previous year and a reasonable projection of covered products discarded in the state, as determined by the department based on information gathered pursuant to paragraphs (2) and (3):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4)(A)A manufacturer shall establish and implement(6) A covered entity shall establish a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization.(B)By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5)(7) A retailer covered entity may achieve the recycling rates specified in paragraph (3) (5) through any of the following mechanisms:(A) The retailer covered entity may establish a take-back program for covered battery-embedded products in which the retailer covered entity offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer covered entity may establish a deposit system in which the retailer covered entity charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer covered entity and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer. covered entity.(C) If a retailer covered entity is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer covered entity may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.(c) In order to further the objective that covered entities establish and implement programs that comply with the requirements of this chapter, each covered entity shall pay all administrative and operational costs, or the covered entitys share of costs if the covered entity is part of a stewardship organization, associated with establishing and implementing the program in which it participates, including the cost of collecting, transporting, and recycling covered products.(d) On or before January 1, 2022, the department shall adopt regulations to implement this section.
88+SEC. 3. Section 42450.6 is added to the Public Resources Code, to read:42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(3) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4) Manufacturer means any of the following:(A) The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B) If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5) Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship program means a program established by manufacturers pursuant to paragraph (4) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2) By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3) Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4) (A) A manufacturer shall establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization.(B) By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5) A retailer may achieve the recycling rates specified in paragraph (3) through any of the following mechanisms:(A) The retailer may establish a take-back program for covered battery-embedded products in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer may establish a deposit system in which the retailer charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer.(C) If a retailer is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.
7489
7590 SEC. 3. Section 42450.6 is added to the Public Resources Code, to read:
7691
7792 ### SEC. 3.
7893
79-42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic a product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(C) An electronic device, as defined in Section 25214.10.1 of the Health and Safety Code.(D) A motor vehicle, as defined in Section 415 of the Vehicle Code.(3) Covered entity means the following:(A) The person or company that manufactures a covered product and that sells, offers for sale, or distributes the covered product in the state.(B) If there is no person or company that meets the description in subparagraph (A), the covered entity is the person or company that imports the covered product into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the covered entity is the person or company that sells, offers for sale, or distributes the covered product in the state.(4) Covered product means a covered battery or a covered battery-embedded product.(3)(5) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4)Manufacturer means any of the following:(A)The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B)If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C)If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5)Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is established by a group of covered entities to develop, implement, and administer a stewardship program established pursuant to this section.(7)(8) Stewardship program means a program established by manufacturers pursuant to paragraph (4) (6) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2)By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3)Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(2) On or before March 1, 2021, a covered entity shall provide a list of covered products that it sells or offers for sale in the state to the department. The covered entity shall also provide the department with the total number of each covered product it sold in the state during the prior year.(3) On or before March 1, 2022, and on or before March 1 of each year thereafter, a covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (2) and provide the updated lists to the department.(4) (A) On or before July 1, 2021, and once every three months thereafter, a covered entity shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this section. The total amount of administrative fees collected shall not exceed the states actual and reasonable regulatory costs to implement and enforce this section.(B) The department shall deposit administrative fees paid by a covered entity pursuant to subparagraph (A) into the Lithium-Ion Battery Recycling Cost of Implementation Account, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, and by any other agency that assists in the regulatory activities of administering and enforcing this section, for the regulatory activities of this section and to reimburse any outstanding loans made from other funds used to finance the startup costs of the departments activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section.(5) Covered entities shall achieve the following annual collection and recycling rates for covered products, based on the total number of covered products sold in the previous year and a reasonable projection of covered products discarded in the state, as determined by the department based on information gathered pursuant to paragraphs (2) and (3):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4)(A)A manufacturer shall establish and implement(6) A covered entity shall establish a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization.(B)By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5)(7) A retailer covered entity may achieve the recycling rates specified in paragraph (3) (5) through any of the following mechanisms:(A) The retailer covered entity may establish a take-back program for covered battery-embedded products in which the retailer covered entity offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer covered entity may establish a deposit system in which the retailer covered entity charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer covered entity and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer. covered entity.(C) If a retailer covered entity is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer covered entity may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.(c) In order to further the objective that covered entities establish and implement programs that comply with the requirements of this chapter, each covered entity shall pay all administrative and operational costs, or the covered entitys share of costs if the covered entity is part of a stewardship organization, associated with establishing and implementing the program in which it participates, including the cost of collecting, transporting, and recycling covered products.(d) On or before January 1, 2022, the department shall adopt regulations to implement this section.
94+42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(3) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4) Manufacturer means any of the following:(A) The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B) If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5) Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship program means a program established by manufacturers pursuant to paragraph (4) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2) By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3) Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4) (A) A manufacturer shall establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization.(B) By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5) A retailer may achieve the recycling rates specified in paragraph (3) through any of the following mechanisms:(A) The retailer may establish a take-back program for covered battery-embedded products in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer may establish a deposit system in which the retailer charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer.(C) If a retailer is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.
8095
81-42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic a product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(C) An electronic device, as defined in Section 25214.10.1 of the Health and Safety Code.(D) A motor vehicle, as defined in Section 415 of the Vehicle Code.(3) Covered entity means the following:(A) The person or company that manufactures a covered product and that sells, offers for sale, or distributes the covered product in the state.(B) If there is no person or company that meets the description in subparagraph (A), the covered entity is the person or company that imports the covered product into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the covered entity is the person or company that sells, offers for sale, or distributes the covered product in the state.(4) Covered product means a covered battery or a covered battery-embedded product.(3)(5) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4)Manufacturer means any of the following:(A)The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B)If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C)If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5)Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is established by a group of covered entities to develop, implement, and administer a stewardship program established pursuant to this section.(7)(8) Stewardship program means a program established by manufacturers pursuant to paragraph (4) (6) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2)By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3)Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(2) On or before March 1, 2021, a covered entity shall provide a list of covered products that it sells or offers for sale in the state to the department. The covered entity shall also provide the department with the total number of each covered product it sold in the state during the prior year.(3) On or before March 1, 2022, and on or before March 1 of each year thereafter, a covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (2) and provide the updated lists to the department.(4) (A) On or before July 1, 2021, and once every three months thereafter, a covered entity shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this section. The total amount of administrative fees collected shall not exceed the states actual and reasonable regulatory costs to implement and enforce this section.(B) The department shall deposit administrative fees paid by a covered entity pursuant to subparagraph (A) into the Lithium-Ion Battery Recycling Cost of Implementation Account, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, and by any other agency that assists in the regulatory activities of administering and enforcing this section, for the regulatory activities of this section and to reimburse any outstanding loans made from other funds used to finance the startup costs of the departments activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section.(5) Covered entities shall achieve the following annual collection and recycling rates for covered products, based on the total number of covered products sold in the previous year and a reasonable projection of covered products discarded in the state, as determined by the department based on information gathered pursuant to paragraphs (2) and (3):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4)(A)A manufacturer shall establish and implement(6) A covered entity shall establish a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization.(B)By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5)(7) A retailer covered entity may achieve the recycling rates specified in paragraph (3) (5) through any of the following mechanisms:(A) The retailer covered entity may establish a take-back program for covered battery-embedded products in which the retailer covered entity offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer covered entity may establish a deposit system in which the retailer covered entity charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer covered entity and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer. covered entity.(C) If a retailer covered entity is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer covered entity may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.(c) In order to further the objective that covered entities establish and implement programs that comply with the requirements of this chapter, each covered entity shall pay all administrative and operational costs, or the covered entitys share of costs if the covered entity is part of a stewardship organization, associated with establishing and implementing the program in which it participates, including the cost of collecting, transporting, and recycling covered products.(d) On or before January 1, 2022, the department shall adopt regulations to implement this section.
96+42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(3) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4) Manufacturer means any of the following:(A) The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B) If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5) Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship program means a program established by manufacturers pursuant to paragraph (4) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2) By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3) Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4) (A) A manufacturer shall establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization.(B) By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5) A retailer may achieve the recycling rates specified in paragraph (3) through any of the following mechanisms:(A) The retailer may establish a take-back program for covered battery-embedded products in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer may establish a deposit system in which the retailer charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer.(C) If a retailer is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.
8297
83-42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic a product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(C) An electronic device, as defined in Section 25214.10.1 of the Health and Safety Code.(D) A motor vehicle, as defined in Section 415 of the Vehicle Code.(3) Covered entity means the following:(A) The person or company that manufactures a covered product and that sells, offers for sale, or distributes the covered product in the state.(B) If there is no person or company that meets the description in subparagraph (A), the covered entity is the person or company that imports the covered product into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the covered entity is the person or company that sells, offers for sale, or distributes the covered product in the state.(4) Covered product means a covered battery or a covered battery-embedded product.(3)(5) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4)Manufacturer means any of the following:(A)The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B)If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C)If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5)Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is established by a group of covered entities to develop, implement, and administer a stewardship program established pursuant to this section.(7)(8) Stewardship program means a program established by manufacturers pursuant to paragraph (4) (6) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2)By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3)Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(2) On or before March 1, 2021, a covered entity shall provide a list of covered products that it sells or offers for sale in the state to the department. The covered entity shall also provide the department with the total number of each covered product it sold in the state during the prior year.(3) On or before March 1, 2022, and on or before March 1 of each year thereafter, a covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (2) and provide the updated lists to the department.(4) (A) On or before July 1, 2021, and once every three months thereafter, a covered entity shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this section. The total amount of administrative fees collected shall not exceed the states actual and reasonable regulatory costs to implement and enforce this section.(B) The department shall deposit administrative fees paid by a covered entity pursuant to subparagraph (A) into the Lithium-Ion Battery Recycling Cost of Implementation Account, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, and by any other agency that assists in the regulatory activities of administering and enforcing this section, for the regulatory activities of this section and to reimburse any outstanding loans made from other funds used to finance the startup costs of the departments activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section.(5) Covered entities shall achieve the following annual collection and recycling rates for covered products, based on the total number of covered products sold in the previous year and a reasonable projection of covered products discarded in the state, as determined by the department based on information gathered pursuant to paragraphs (2) and (3):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4)(A)A manufacturer shall establish and implement(6) A covered entity shall establish a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization.(B)By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5)(7) A retailer covered entity may achieve the recycling rates specified in paragraph (3) (5) through any of the following mechanisms:(A) The retailer covered entity may establish a take-back program for covered battery-embedded products in which the retailer covered entity offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer covered entity may establish a deposit system in which the retailer covered entity charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer covered entity and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer. covered entity.(C) If a retailer covered entity is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer covered entity may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.(c) In order to further the objective that covered entities establish and implement programs that comply with the requirements of this chapter, each covered entity shall pay all administrative and operational costs, or the covered entitys share of costs if the covered entity is part of a stewardship organization, associated with establishing and implementing the program in which it participates, including the cost of collecting, transporting, and recycling covered products.(d) On or before January 1, 2022, the department shall adopt regulations to implement this section.
98+42450.6. (a) For purposes of this section, the following definitions apply:(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic product.(2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:(A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.(B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.(3) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.(4) Manufacturer means any of the following:(A) The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.(B) If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.(C) If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.(5) Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.(6) Program means the Lithium-Ion Battery Recycling Program.(7) Stewardship program means a program established by manufacturers pursuant to paragraph (4) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.(b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.(2) By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.(3) Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):(A) Twenty-five percent by December 31, 2025.(B) Fifty percent by December 31, 2028.(C) Seventy-five percent by December 31, 2031.(D) Ninety percent by December 31, 2034.(4) (A) A manufacturer shall establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization.(B) By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.(5) A retailer may achieve the recycling rates specified in paragraph (3) through any of the following mechanisms:(A) The retailer may establish a take-back program for covered battery-embedded products in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.(B) The retailer may establish a deposit system in which the retailer charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer.(C) If a retailer is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.
8499
85100
86101
87102 42450.6. (a) For purposes of this section, the following definitions apply:
88103
89-(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic a product.
104+(1) Covered battery means a lithium-ion battery or battery pack that is sold separately or is sold with an electronic product and is removable from the electronic product.
90105
91106 (2) Covered battery-embedded product means a product containing a lithium-ion battery or battery pack that is not designed to be removed from the electronic product by the consumer. Covered battery-embedded product does not include either of the following:
92107
93108 (A) A Class III medical device, as specified in Section 360c of Title 21 of the United States Code.
94109
95110 (B) A Class II medical device, as specified in Section 360c of Title 21 of the United States Code, that is not exempt from Section 360(k) of Title 21 of the United States Code.
96111
97-(C) An electronic device, as defined in Section 25214.10.1 of the Health and Safety Code.
98-
99-(D) A motor vehicle, as defined in Section 415 of the Vehicle Code.
100-
101-(3) Covered entity means the following:
102-
103-(A) The person or company that manufactures a covered product and that sells, offers for sale, or distributes the covered product in the state.
104-
105-(B) If there is no person or company that meets the description in subparagraph (A), the covered entity is the person or company that imports the covered product into the state for sale or distribution.
106-
107-(C) If there is no person or company that meets either description in subparagraph (A) or (B), the covered entity is the person or company that sells, offers for sale, or distributes the covered product in the state.
108-
109-(4) Covered product means a covered battery or a covered battery-embedded product.
110-
111-(3)
112-
113-
114-
115-(5) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.
112+(3) Mail-back program has the same meaning specified in subdivision (m) of Section 42030 of the Public Resources Code.
116113
117114 (4) Manufacturer means any of the following:
118115
119-
120-
121116 (A) The person or company that manufactures covered batteries and that sells, offers for sale, or distributes the covered batteries in the state.
122-
123-
124117
125118 (B) If there is no person or company that meets the description in subparagraph (A), the manufacturer of the covered batteries is the person or company that imports the covered batteries into the state for sale or distribution.
126119
127-
128-
129120 (C) If there is no person or company that meets either description in subparagraph (A) or (B), the manufacturer is the person or company that sells the covered batteries in the state.
130-
131-
132121
133122 (5) Retailer means a person or company who sells, offers for sale, imports, or distributes a covered battery-embedded product in the state.
134123
135-
136-
137124 (6) Program means the Lithium-Ion Battery Recycling Program.
138125
139-(7) Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is established by a group of covered entities to develop, implement, and administer a stewardship program established pursuant to this section.
140-
141-(7)
142-
143-
144-
145-(8) Stewardship program means a program established by manufacturers pursuant to paragraph (4) (6) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.
126+(7) Stewardship program means a program established by manufacturers pursuant to paragraph (4) of subdivision (b) for the free and convenient collection, transportation, and disposal of covered batteries.
146127
147128 (b) (1) The Lithium-Ion Battery Recycling Program is hereby established in the department.
148129
149130 (2) By March 1, 2021, and by March 1 of each year thereafter, the department shall track the total number of covered batteries and the total number of covered battery-embedded products disposed of in the state in the previous year.
150131
151-
152-
153132 (3) Manufacturers and retailers shall achieve the following recycling rates for covered batteries and covered battery-embedded products, respectively, based on the total number of covered batteries and covered battery-embedded products disposed of in the previous year, as determined pursuant to paragraph (2):
154-
155-
156-
157-(2) On or before March 1, 2021, a covered entity shall provide a list of covered products that it sells or offers for sale in the state to the department. The covered entity shall also provide the department with the total number of each covered product it sold in the state during the prior year.
158-
159-(3) On or before March 1, 2022, and on or before March 1 of each year thereafter, a covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (2) and provide the updated lists to the department.
160-
161-(4) (A) On or before July 1, 2021, and once every three months thereafter, a covered entity shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the departments, and any other state agencys, full costs of administering and enforcing this section. The total amount of administrative fees collected shall not exceed the states actual and reasonable regulatory costs to implement and enforce this section.
162-
163-(B) The department shall deposit administrative fees paid by a covered entity pursuant to subparagraph (A) into the Lithium-Ion Battery Recycling Cost of Implementation Account, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, and by any other agency that assists in the regulatory activities of administering and enforcing this section, for the regulatory activities of this section and to reimburse any outstanding loans made from other funds used to finance the startup costs of the departments activities pursuant to this section. Moneys in the fund shall not be expended for any purpose not enumerated in this section.
164-
165-(5) Covered entities shall achieve the following annual collection and recycling rates for covered products, based on the total number of covered products sold in the previous year and a reasonable projection of covered products discarded in the state, as determined by the department based on information gathered pursuant to paragraphs (2) and (3):
166133
167134 (A) Twenty-five percent by December 31, 2025.
168135
169136 (B) Fifty percent by December 31, 2028.
170137
171138 (C) Seventy-five percent by December 31, 2031.
172139
173140 (D) Ninety percent by December 31, 2034.
174141
175-(4)(A)A manufacturer shall establish and implement
142+(4) (A) A manufacturer shall establish and implement a stewardship program for covered batteries independently or as part of a group of manufacturers through membership in a stewardship organization.
143+
144+(B) By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.
145+
146+(5) A retailer may achieve the recycling rates specified in paragraph (3) through any of the following mechanisms:
147+
148+(A) The retailer may establish a take-back program for covered battery-embedded products in which the retailer offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.
149+
150+(B) The retailer may establish a deposit system in which the retailer charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer.
151+
152+(C) If a retailer is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.
176153
177154
178155
179-(6) A covered entity shall establish a stewardship program for covered batteries independently or as part of a group of manufacturers covered entities through membership in a stewardship organization.
180156
181-(B)By January 1, 2022, the department shall adopt regulations requiring manufacturers to establish or join a stewardship program for covered batteries.
157+
158+(a)A person shall not sell or offer for sale in this state a rechargeable consumer product unless the product meets all of the following requirements:
182159
183160
184161
185-(5)
162+(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, or the product meets the requirements specified in paragraph (4).
186163
187164
188165
189-(7) A retailer covered entity may achieve the recycling rates specified in paragraph (3) (5) through any of the following mechanisms:
166+(2)The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (c).
190167
191-(A) The retailer covered entity may establish a take-back program for covered battery-embedded products in which the retailer covered entity offers consumers covered battery-embedded product take-back services through collection receptacles or a mail-back program.
192168
193-(B) The retailer covered entity may establish a deposit system in which the retailer covered entity charges a refundable deposit sufficient to encourage recovery of a covered battery-embedded product sold by the retailer covered entity and refunds the deposit if the consumer returns the covered battery-embedded product to the retailer. covered entity.
194169
195-(C) If a retailer covered entity is participating in an existing battery recycling program that includes covered batteries, in addition to any other type of batteries, the retailer covered entity may include covered battery-embedded products in that program if the department determines that the inclusion of covered battery-embedded products in that battery recycling program would accomplish the intent of the program.
170+(3)The instruction manual for the rechargeable consumer product includes information regarding the proper recycling or disposal of the used rechargeable battery.
196171
197-(c) In order to further the objective that covered entities establish and implement programs that comply with the requirements of this chapter, each covered entity shall pay all administrative and operational costs, or the covered entitys share of costs if the covered entity is part of a stewardship organization, associated with establishing and implementing the program in which it participates, including the cost of collecting, transporting, and recycling covered products.
198172
199-(d) On or before January 1, 2022, the department shall adopt regulations to implement this section.
173+
174+(4)If the rechargeable consumer product has a nonremovable rechargeable battery, the rechargeable battery, battery pack, or rechargeable consumer product has a brand name affixed to it and the manufacturer of the product provides the information specified in subdivision (b).
175+
176+
177+
178+(b)The manufacturer of a rechargeable consumer product that has a nonremovable rechargeable battery shall provide disassembly information to recyclers of rechargeable consumer products in the state for the purpose of ensuring the safe removal of the battery from the rechargeable consumer product.
179+
180+
181+
182+(c)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:
183+
184+
185+
186+(1)Be labeled in a conspicuous manner that is visible to consumers.
187+
188+
189+
190+(2)Include the chemical name or the standard abbreviation for the chemical composition of the battery or battery pack.
191+
192+
193+
194+(3)Contain the following statement:
195+
196+
197+
198+(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.
199+
200+
201+
202+(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.
203+
204+
205+
206+(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.
207+
208+
209+
210+(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.
211+
212+
213+
214+(5)A political subdivision of this state 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 regulations adopted by the department pursuant to this subdivision.
215+
216+
217+
218+(d)The department may adopt regulations that require substantially similar labeling requirements for rechargeable batteries with chemistries that are different from those covered by subdivision (a) of Section 15010 and the battery packs and products containing those batteries. Any 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.
219+
220+
221+
222+(e)A violation of this section is a misdemeanor.
223+
224+
225+
226+
227+
228+No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.