Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H964 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3657 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 964
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Richard M. Haggerty
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act promoting responsible end-of-life management for electric and hybrid vehicle batteries.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Richard M. Haggerty30th Middlesex1/17/2025 1 of 6
16	16	HOUSE DOCKET, NO. 3657 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 964
18	18	By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 964) of
19	19	Richard M. Haggerty relative to end-of-life management for electric and hybrid vehicle batteries.
20	20	Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act promoting responsible end-of-life management for electric and hybrid vehicle batteries.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 21A of the general laws is hereby amended by adding at the end
30	30	2thereof the following new section:
31	31	3 Section 29. (a) As used in this section, the following words shall have the following
32	32	4meanings:
33	33	5 “Battery” means a device consisting of one or more electrically connected
34	34	6electrochemical cells which is designed to receive, store, and deliver electric energy.
35	35	7 "Vehicle traction battery" means a battery with the primary intended purpose to supply
36	36	8power to propel an electric or hybrid vehicle.
37	37	9 “Battery provider” means any of the following:
38	38	10 (1)A person or entity that initially sells, offers for sale, or distributes a vehicle
39	39	11traction battery or a vehicle containing such a battery in or into the state, including vehicle 2 of 6
40	40	12manufacturers licensed pursuant to applicable state codes or vehicle traction battery
41	41	13manufacturers that distribute vehicle traction batteries under their own name or brand.
42	42	14 (2)If there is no vehicle manufacturer or primary seller as defined above, the battery
43	43	15provider is the owner or licensee of a brand or trademark under which the vehicle traction battery
44	44	16is sold or distributed in or into the state. This includes an exclusive licensee with the exclusive
45	45	17right to use the trademark or brand in connection with the distribution or sale of vehicle traction
46	46	18batteries.
47	47	19 (3)If no person or entity meets the criteria in (1) or (2), the battery provider is the
48	48	20person or entity who imports the vehicle traction battery into the state for sale, distribution, or
49	49	21installation.
50	50	22 (4)If no other person or entity is designated as the battery provider under (1), (2), or
51	51	23(3), the distributor, retailer, dealer, or wholesaler that sells or distributes the vehicle traction
52	52	24battery in or into the state shall be deemed the battery provider.
53	53	25 (5)For the purposes of this definition, the sale of a vehicle traction battery is
54	54	26considered to occur in the state if the battery, or the vehicle containing the battery, is delivered to
55	55	27a licensed dealer or directly to the consumer in the state.
56	56	28 A secondary handler who sells, offers for sale, or distributes a vehicle traction battery
57	57	29within the state shall not be considered a "battery provider."
58	58	30 “Secondary handler” means any entity, other than the battery provider, that takes
59	59	31possession of a vehicle traction battery to sort, reuse, repair, remanufacture, or prepare the 3 of 6
60	60	32battery for repurposing by a secondary user or end-of-life management by a specialized battery
61	61	33recycler.
62	62	34 “Secondary user” means an entity that repurposes a vehicle traction battery before
63	63	35ensuring the battery is directed to a specialized battery recycler.
64	64	36 “Specialized battery recycler” means an entity or facility that is authorized by the
65	65	37department or an equivalent agency in another state and performs one or both of the following:
66	66	38 A) Refines end-of-life vehicle traction batteries or battery materials back to useable
67	67	39battery materials.
68	68	40 B) Extracts and separates end-of-life vehicle traction battery materials (e.g., lithium
69	69	41compounds, cobalt, nickel, copper, aluminum, iron, manganese, and graphite) and sends the
70	70	42material for further processing or refining to another specialized battery recycler.
71	71	43 “Specialized battery recycler” does not include entities or facilities that are only engaged
72	72	44in the collection or logistics of moving materials for recycling or whose primary method of
73	73	45processing battery materials is done by smelting.
74	74	46 “End-of-life” means the stage at which a vehicle traction battery is no longer suitable for
75	75	47its primary intended purpose, such as powering a vehicle, and may be evaluated for potential
76	76	48repurposing or recycling. For purposes of this Act, “end-of-life” does not mean that a vehicle
77	77	49traction battery is waste.
78	78	50 “Battery management hierarchy” means the preference to reuse, repair, remanufacture, or
79	79	51repurpose batteries before recycling, and to prioritize recycling over disposal. 4 of 6
80	80	52 "Remanufacture" means any repair or modification to a vehicle traction battery that
81	81	53results in the complete battery, or any battery modules or battery cells thereof, being used for the
82	82	54same purpose or application as the one for which the battery was originally designed.
83	83	55 "Repurpose" means use of a vehicle traction battery, or any battery modules or battery
84	84	56cells thereof, to store and supply electricity in a manner other than its primary intended purpose.
85	85	57 "Reuse" means the use of a vehicle traction battery in another vehicle from the same
86	86	58manufacturer, which does not require modification to the battery.
87	87	59 "Department" means the Department of Environmental Protection.
88	88	60 All vehicle traction batteries in the state shall be managed responsibly at end-of-life, in
89	89	61accordance with this act. Disposal of vehicle traction batteries through landfilling is prohibited.
90	90	62 (b). RESPONSIBILITIES OF BATTERY PROVIDERS
91	91	63 (A) A battery provider shall:
92	92	64 (1)Ensure the end-of-life management of vehicle traction batteries under the
93	93	65following circumstances:
94	94	66 a. If a vehicle traction battery is removed from a vehicle still in service while under
95	95	67warranty, in accordance with state and federal laws.
96	96	68 b. If a vehicle traction battery is offered or returned to the battery provider. For the
97	97	69purposes of this act, "returned to the battery provider" may include directing the battery to a
98	98	70specialized battery recycler designated by the battery provider. 5 of 6
99	99	71 (2)Consider the battery management hierarchy when managing any vehicle traction
100	100	72batteries in their possession.
101	101	73 (3)Coordinate with specialized battery recyclers for the end-of-life management of
102	102	74vehicle traction batteries, including recycling, to ensure compliance with this act.
103	103	75 (B) A battery provider shall not be held liable for remanufactured or repurposed batteries
104	104	76unless they performed the remanufacturing or repurposing or agreed to accept responsibility by
105	105	77contract.
106	106	78 (c). RESPONSIBILITIES OF SECONDARY HANDLERS AND SECONDARY
107	107	79USERS
108	108	80 (A)Upon taking possession of a vehicle traction battery, secondary handlers and
109	109	81secondary users are responsible for end-of-life battery management, including consideration of
110	110	82the battery management hierarchy.
111	111	83 (B)Secondary handlers and secondary users shall coordinate with a specialized
112	112	84battery recycler for end-of-life management, including recycling, to ensure compliance with this
113	113	85act.
114	114	86 (d). DOCUMENTING AND REPORTING
115	115	87 Battery providers, secondary handlers, and secondary users shall submit an annual report
116	116	88to the Department detailing the quantity and type of end-of-life vehicle traction batteries
117	117	89managed in accordance with this act. A specialized battery recycler may submit this report on
118	118	90behalf of any entity for which they have received vehicle traction batteries for end-of-life 6 of 6
119	119	91management in accordance with this act, provided the report includes all required data from
120	120	92those entities.
121	121	93 Reports should include data on:
122	122	94 (A)The total volume of propulsion batteries managed at end-of-life, including those
123	123	95repurposed or recycled.
124	124	96 (B)The volume of batteries that will be sent to a specialized battery recycler
125	125	97 (C)The recovery rates of lithium, nickel, cobalt, copper, aluminum, and graphite, as
126	126	98applicable.
127	127	99 (e). RESPONSIBILITIES FOR THE DEPARTMENT
128	128	100 A. To implement the provisions of this act, the department shall
129	129	101 (1) review, evaluate, and compare the federal requirements to those established
130	130	102under this act. It shall, if necessary, revise the regulations to ensure compliance with federal
131	131	103standards and to achieve greater efficiency and feasibility.
132	132	104 B. The department is authorized to determine compliance with and enforce the provisions
133	133	105of this act and any rules adopted hereunder as provided by State law.