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HOUSE DOCKET, NO. 3657 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 964
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Richard M. Haggerty
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act promoting responsible end-of-life management for electric and hybrid vehicle batteries.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Richard M. Haggerty30th Middlesex1/17/2025 1 of 6
HOUSE DOCKET, NO. 3657 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 964
By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 964) of
Richard M. Haggerty relative to end-of-life management for electric and hybrid vehicle batteries.
Environment and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act promoting responsible end-of-life management for electric and hybrid vehicle batteries.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 21A of the general laws is hereby amended by adding at the end
2thereof the following new section:
3 Section 29. (a) As used in this section, the following words shall have the following
4meanings:
5 “Battery” means a device consisting of one or more electrically connected
6electrochemical cells which is designed to receive, store, and deliver electric energy.
7 "Vehicle traction battery" means a battery with the primary intended purpose to supply
8power to propel an electric or hybrid vehicle.
9 “Battery provider” means any of the following:
10 (1)A person or entity that initially sells, offers for sale, or distributes a vehicle
11traction battery or a vehicle containing such a battery in or into the state, including vehicle 2 of 6
12manufacturers licensed pursuant to applicable state codes or vehicle traction battery
13manufacturers that distribute vehicle traction batteries under their own name or brand.
14 (2)If there is no vehicle manufacturer or primary seller as defined above, the battery
15provider is the owner or licensee of a brand or trademark under which the vehicle traction battery
16is sold or distributed in or into the state. This includes an exclusive licensee with the exclusive
17right to use the trademark or brand in connection with the distribution or sale of vehicle traction
18batteries.
19 (3)If no person or entity meets the criteria in (1) or (2), the battery provider is the
20person or entity who imports the vehicle traction battery into the state for sale, distribution, or
21installation.
22 (4)If no other person or entity is designated as the battery provider under (1), (2), or
23(3), the distributor, retailer, dealer, or wholesaler that sells or distributes the vehicle traction
24battery in or into the state shall be deemed the battery provider.
25 (5)For the purposes of this definition, the sale of a vehicle traction battery is
26considered to occur in the state if the battery, or the vehicle containing the battery, is delivered to
27a licensed dealer or directly to the consumer in the state.
28 A secondary handler who sells, offers for sale, or distributes a vehicle traction battery
29within the state shall not be considered a "battery provider."
30 “Secondary handler” means any entity, other than the battery provider, that takes
31possession of a vehicle traction battery to sort, reuse, repair, remanufacture, or prepare the 3 of 6
32battery for repurposing by a secondary user or end-of-life management by a specialized battery
33recycler.
34 “Secondary user” means an entity that repurposes a vehicle traction battery before
35ensuring the battery is directed to a specialized battery recycler.
36 “Specialized battery recycler” means an entity or facility that is authorized by the
37department or an equivalent agency in another state and performs one or both of the following:
38 A) Refines end-of-life vehicle traction batteries or battery materials back to useable
39battery materials.
40 B) Extracts and separates end-of-life vehicle traction battery materials (e.g., lithium
41compounds, cobalt, nickel, copper, aluminum, iron, manganese, and graphite) and sends the
42material for further processing or refining to another specialized battery recycler.
43 “Specialized battery recycler” does not include entities or facilities that are only engaged
44in the collection or logistics of moving materials for recycling or whose primary method of
45processing battery materials is done by smelting.
46 “End-of-life” means the stage at which a vehicle traction battery is no longer suitable for
47its primary intended purpose, such as powering a vehicle, and may be evaluated for potential
48repurposing or recycling. For purposes of this Act, “end-of-life” does not mean that a vehicle
49traction battery is waste.
50 “Battery management hierarchy” means the preference to reuse, repair, remanufacture, or
51repurpose batteries before recycling, and to prioritize recycling over disposal. 4 of 6
52 "Remanufacture" means any repair or modification to a vehicle traction battery that
53results in the complete battery, or any battery modules or battery cells thereof, being used for the
54same purpose or application as the one for which the battery was originally designed.
55 "Repurpose" means use of a vehicle traction battery, or any battery modules or battery
56cells thereof, to store and supply electricity in a manner other than its primary intended purpose.
57 "Reuse" means the use of a vehicle traction battery in another vehicle from the same
58manufacturer, which does not require modification to the battery.
59 "Department" means the Department of Environmental Protection.
60 All vehicle traction batteries in the state shall be managed responsibly at end-of-life, in
61accordance with this act. Disposal of vehicle traction batteries through landfilling is prohibited.
62 (b). RESPONSIBILITIES OF BATTERY PROVIDERS
63 (A) A battery provider shall:
64 (1)Ensure the end-of-life management of vehicle traction batteries under the
65following circumstances:
66 a. If a vehicle traction battery is removed from a vehicle still in service while under
67warranty, in accordance with state and federal laws.
68 b. If a vehicle traction battery is offered or returned to the battery provider. For the
69purposes of this act, "returned to the battery provider" may include directing the battery to a
70specialized battery recycler designated by the battery provider. 5 of 6
71 (2)Consider the battery management hierarchy when managing any vehicle traction
72batteries in their possession.
73 (3)Coordinate with specialized battery recyclers for the end-of-life management of
74vehicle traction batteries, including recycling, to ensure compliance with this act.
75 (B) A battery provider shall not be held liable for remanufactured or repurposed batteries
76unless they performed the remanufacturing or repurposing or agreed to accept responsibility by
77contract.
78 (c). RESPONSIBILITIES OF SECONDARY HANDLERS AND SECONDARY
79USERS
80 (A)Upon taking possession of a vehicle traction battery, secondary handlers and
81secondary users are responsible for end-of-life battery management, including consideration of
82the battery management hierarchy.
83 (B)Secondary handlers and secondary users shall coordinate with a specialized
84battery recycler for end-of-life management, including recycling, to ensure compliance with this
85act.
86 (d). DOCUMENTING AND REPORTING
87 Battery providers, secondary handlers, and secondary users shall submit an annual report
88to the Department detailing the quantity and type of end-of-life vehicle traction batteries
89managed in accordance with this act. A specialized battery recycler may submit this report on
90behalf of any entity for which they have received vehicle traction batteries for end-of-life 6 of 6
91management in accordance with this act, provided the report includes all required data from
92those entities.
93 Reports should include data on:
94 (A)The total volume of propulsion batteries managed at end-of-life, including those
95repurposed or recycled.
96 (B)The volume of batteries that will be sent to a specialized battery recycler
97 (C)The recovery rates of lithium, nickel, cobalt, copper, aluminum, and graphite, as
98applicable.
99 (e). RESPONSIBILITIES FOR THE DEPARTMENT
100 A. To implement the provisions of this act, the department shall
101 (1) review, evaluate, and compare the federal requirements to those established
102under this act. It shall, if necessary, revise the regulations to ensure compliance with federal
103standards and to achieve greater efficiency and feasibility.
104 B. The department is authorized to determine compliance with and enforce the provisions
105of this act and any rules adopted hereunder as provided by State law.