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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to electric vehicle battery 2
management; providing a short title; creating s. 3
403.7722, F.S.; providing definitions; providing 4
requirements for the end-of-life of propulsion 5
batteries; prohibiting disposal of specified batteries 6
by landfilling; providing requirements for solid waste 7
collectors and facilities; providing responsibilities 8
for certain persons and entities; requiring specified 9
annual reports; providing rulemaking authority to the 10
Department of Environmental Protection; providing an 11
effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. This act may be cited as the "Promoting 16
Responsible End-of-Life Management for Electric Vehicle 17
Batteries Act." 18
Section 2. Section 403.7722, Florida Statutes, is created 19
to read: 20
403.7722 End-of-life management for electric vehicle 21
batteries.— 22
(1) DEFINITIONS.—As used in this section, the term: 23
(a) "Battery" means a device consisting of one or more 24
electrically connected electrochemical cells that is designed to 25
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receive, store, and deliver electric energy. 26
(b) "Battery management hierarchy" means the preference 27
for salvage motor vehicle dealers, secondary handlers, secondary 28
users, or battery providers to first strive to reuse, repair, 29
repurpose, or remanufacture batteries when possible and cost -30
effective before management via a specialized battery recycler. 31
(c) "Battery provider": 32
1. Means: 33
a. A person or entity that initially sells, offers for 34
sale, or distributes a propulsion battery or a vehicle 35
containing such a battery in or into this state, including 36
licensed vehicle manufacturers or propulsion battery 37
manufacturers that distribute propulsion ba tteries under the 38
person's or entity's own name or brand. 39
b. If there is no vehicle manufacturer or primary seller 40
as defined in subparagraph 1., the owner or licensee of a brand 41
or trademark under which the propulsion battery is sold or 42
distributed in or into the state. This includes an exclusive 43
licensee with the exclusive right to use the trademark or brand 44
in connection with the distribution or sale of propulsion 45
batteries. 46
c. If no person or entity meets the criteria in 47
subparagraphs 1. or 2., the battery provider is the person or 48
entity who imports for sale, distribution, or installation a 49
propulsion battery into this state. 50
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d. If no other person or entity is designated as the 51
battery provider under subparagraphs 1., 2., or 3., the 52
distributor, retailer, dealer, or wholesaler that sells or 53
distributes the propulsion battery in or into this state shall 54
be deemed the battery provider. 55
2. Does not include a secondary handler who sells, offers 56
for sale, or distributes a battery in or into the state, if the 57
battery has not been modified, remanufactured, or repurposed. 58
59
For the purposes of this paragraph, the sale of a propulsion 60
battery is considered to occur in this state if the battery, or 61
the vehicle containing the battery, is delivered to a licens ed 62
dealer or directly to the consumer in this state. 63
(d) "Battery state of health" means a figure of merit, 64
measured in kilowatt -hours and a percentage of remaining 65
kilowatt-hours as compared to its initial capacity, provided to 66
facilitate understanding of the battery's remaining energy 67
retention capacity as compared to its original specifications 68
when it was new. 69
(e) "End-of-life" means the stage when a propulsion 70
battery is removed from its initial intended application and is 71
evaluated by a secondary handler, secondary user, or specialized 72
battery recycler for reuse, remanufacture, repair, repurpose, or 73
recycling. 74
(f) "Propulsion battery" means a battery that supplies 75
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power to propel an electric or hybrid vehicle. 76
(g) "Remanufacture" means the proc ess of refurbishing end -77
of-life battery modules or cells to fulfill a battery module's 78
or cell's primary intended purpose. 79
(h) "Repurpose" means the use of a propulsion battery, or 80
any battery modules or battery cells thereof, to store and 81
supply electricity in a manner other than its primary intended 82
purpose. 83
(i) "Reuse" means the use of a propulsion battery in 84
another vehicle that does not require modification to the 85
battery. 86
(j) "Secondary handler" means any entity that takes 87
possession of a propul sion battery to sort, reuse, repair, 88
remanufacture, or prepare the battery for repurposing by a 89
secondary user or end -of-life management by a specialized 90
battery recycler. The term includes a salvage motor vehicle 91
dealer, as defined in s. 320.27(1)(c)5., o r a secondary metals 92
recycler, as defined in s. 538.18, when they are managing 93
propulsion batteries. 94
(k) "Secondary user" means an entity that repurposes a 95
propulsion battery before ensuring that the battery is directed 96
to a specialized battery recycler. 97
(l) "Solid waste collector" means a person who operates 98
collection routes for the removal of solid waste from 99
residential, multi-residential, commercial, or industrial 100
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premises. 101
(m)1. "Specialized battery recycler" means an entity or 102
facility that is authorized by the department or an equivalent 103
agency in another state, or an applicable federal regulatory 104
body, and performs one or both of the following: 105
a. Refines end-of-life vehicle propulsion batteries or 106
battery materials back to useable materials . 107
b. Extracts and separates materials from end -of-life 108
vehicle traction batteries, including, but not limited to, 109
lithium compounds, cobalt, nickel, copper, aluminum, iron, 110
manganese, graphite, or intermediate fractions, and sends the 111
material for further processing or refining to another 112
specialized battery recycler. 113
2. The term "specialized battery recycler" does not 114
include entities or facilities that are only engaged in the 115
collection or logistics of moving materials for recycling. 116
(n) "Spent battery" means a propulsion battery for which 117
the costs associated with recycling the battery presents an 118
economical, physical, informational, or a digital communication 119
burden for the owner of the vehicle or an entity that has 120
removed the battery from the veh icle. 121
(2) DISPOSAL OF PROPULSION BATTERIES. — 122
(a) All propulsion batteries shall be managed responsibly 123
at end-of-life in accordance with this section. Disposal of 124
propulsion batteries through landfilling is prohibited. 125
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(b) A solid waste collector may not knowingly collect a 126
propulsion battery, or any module or cell thereof, placed for 127
collection and disposal as solid waste. A solid waste collector 128
shall refuse to collect a solid waste container containing a 129
propulsion battery, or any battery component s thereof. 130
(c) A solid waste facility may not knowingly accept for 131
disposal a propulsion battery, or any module or cell components 132
thereof, or a truckload or roll -off container of solid waste 133
containing a propulsion battery, or any module or cell 134
components thereof. The owner or operator of a solid waste 135
facility shall refuse to accept for disposal a propulsion 136
battery, or any module or cell thereof, or any truckload or 137
roll-off container of solid waste containing a propulsion 138
battery, or any module or ce ll components thereof. 139
(3) RESPONSIBILITIES OF SECONDARY HANDLERS, AND SECONDARY 140
USERS.— 141
(a) Upon taking possession of a propulsion battery, 142
secondary handlers, including automobile wreckers managing 143
propulsion batteries, and secondary users shall mana ge 144
propulsion batteries in accordance with the battery management 145
hierarchy in this section. If a secondary handler identifies a 146
propulsion battery as a spent battery the handler shall notify 147
the battery provider who will assume responsibility for the end - 148
of-life management for that battery. 149
(b) For batteries that are unable to be further reused, 150
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repurposed, or remanufactured, secondary handlers and secondary 151
users shall coordinate with a specialized battery recycler for 152
end-of-life management to ensure compliance with this section. 153
When a battery provider acts as a secondary handler or secondary 154
user, the battery provider is subject to the responsibilities of 155
secondary handlers and secondary users in this section. A 156
battery provider who is also acting as a secondary handler or 157
secondary user may file a single annual report that shows proof 158
of meeting all of the requirements in this section. 159
(c) If a secondary handler or secondary user modifies a 160
propulsion battery, the secondary handler or secondary use r must 161
provide updated labeling which identifies the secondary handler 162
or secondary user as the entity responsible for end -of-life 163
management of the modified battery before it may be provided for 164
sale back on the market. 165
(d) Secondary handlers and second ary users shall submit 166
annual reports to the department containing all of the 167
following, as applicable: 168
1. The total volume of batteries that have been procured. 169
2. The secondary handlers involved in battery collections. 170
3. A brief overview of the methods used to transport used 171
propulsion batteries. 172
4. The volume of batteries that will be reused, 173
repurposed, remanufactured, or sent to a specialized battery 174
recycler to be recycled. 175
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5. A brief overview of the processes used to reuse, 176
repurpose, remanufacture, or recycle used propulsion batteries. 177
(e) A specialized battery recycler may submit the report 178
on behalf of a secondary handler or secondary user from which 179
the specialized battery recycler has received propulsion 180
batteries for end-of-life management if the report includes all 181
the information required under paragraph (d). 182
(4) RESPONSIBILITIES OF BATTERY PROVIDERS. — 183
(a) A battery provider shall: 184
1. Ensure the responsible end -of-life management of a 185
propulsion battery that is returned t o a battery provider in 186
accordance with the battery management hierarchy. 187
2. Upon receiving notification from a secondary handler or 188
secondary user regarding a spent battery, be responsible for 189
retrieving the battery in a timely and safe manner. 190
3. Coordinate with specialized battery recyclers for the 191
end-of-life management of propulsion batteries. 192
(b) A propulsion battery in a vehicle sold in this state 193
shall enable easily interpretable and accessible battery state -194
of-health data either while the bat tery is in the vehicle or 195
once it has been removed for the purpose of potential reuse, 196
repurposing, or remanufacture of the battery pursuant to the 197
battery management hierarchy. A propulsion battery sold in the 198
state while embedded in a vehicle shall also include a physical 199
indication and information on the battery type and chemistry, 200
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known pollutants and composition, and safe handling information. 201
A battery provider is not responsible for the end -of-life 202
management of remanufactured or repurposed batteries unless they 203
performed the remanufacturing or repurposing or agreed to accept 204
responsibility by contract. 205
(c) Battery providers shall submit an annual report to the 206
department containing the following information: 207
1. The total volume of propulsion batt eries managed at 208
end-of-life. 209
2. The total volume of propulsion batteries managed by 210
specialized battery recyclers. 211
(d) A specialized battery recycler may submit the report 212
on behalf of a battery provider from which the specialized 213
battery recycler has received propulsion batteries for end -of-214
life management if the report includes all the information 215
required under paragraph (c). 216
(5) RESPONSIBILITIES OF A PERSON OR ENTITY. —A person or 217
entity who is not a battery provider, secondary handler, or 218
secondary user seeking to discard a propulsion battery shall: 219
(a) Arrange for the return or pickup of the propulsion 220
battery or the vehicle containing the propulsion battery to the 221
battery provider, remanufacturer, or repurposer identified on 222
the battery label; or 223
(b) Sell or transfer the propulsion battery or the vehicle 224
containing the propulsion battery to a secondary handler, 225
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secondary user, or specialized battery recycler. 226
(6) RESPONSIBILITIES OF SPECIALIZED BATTERY RECYCLERS. —227
Specialized battery recycle rs shall submit an annual report to 228
the department containing all of the following information: 229
(a) The total volume of propulsion batteries managed at 230
end-of-life, including those repurposed or recycled. 231
(b) The total volume of propulsion batteries re cycled. 232
(c) The recovery rates of lithium, nickel, cobalt, copper, 233
aluminum, and graphite, as applicable. 234
(7) RESPONSIBILITIES OF THE DEPARTMENT. —To implement the 235
provisions of this section, the department shall: 236
(a) Communicate to the regulated comm unity the prohibition 237
against landfilling propulsion batteries. 238
(b) Authorize specialized battery recyclers. 239
(c) Notify battery providers, secondary handlers, 240
secondary users, and specialized battery recyclers of their 241
responsibilities under this secti on. 242
(d) Determine how to proceed if the federal government 243
creates any laws or regulations pertaining to propulsion 244
batteries which may impact the requirements provided under this 245
section. The department shall review, evaluate, and compare the 246
federal requirements and shall, if necessary, revise state 247
regulations to ensure compliance with federal standards and to 248
achieve greater efficiency and feasibility. 249
(e) Determine and enforce violations and penalties for 250
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battery providers, specialized battery recy clers, secondary 251
handlers, and secondary users who fail to meet the requirements 252
outlined in this act, in alignment with section 5 of the 253
Mercury-Containing and Rechargeable Battery Management Act, 42 254
U.S.C. 14301. 255
(f) Adopt any other necessary rules or regulations. 256
Section 3. This act shall take effect July 1, 2025. 257