CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1509

Introduced 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 the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1509, as introduced, Mullin. Solid waste: rechargeable batteries: rechargeable consumer products.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 15013 of the Public Resources Code is amended to read:

15013.
 (a) On and after January 1, 1995, no A person shall not sell or offer for sale in this state any a rechargeable consumer product unless the product meets all of the following requirements:
(1) The rechargeable battery is easily removable from the rechargeable consumer product or is contained in a battery pack that is easily removable from, the product. 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 (b). (c).

(3)The rechargeable battery, battery pack, or rechargeable consumer product, if the product has a nonremovable rechargeable battery, has a brand name affixed to it.

(4)

(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.

(b)On and after July 1, 1994, each

(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) No A political subdivision of this state may shall not enact or enforce any environmental labeling requirement for a rechargeable battery or battery pack, or a rechargeable consumer product, that is not identical to the labeling requirements contained in this subdivision or any regulations adopted by the board department pursuant to this subdivision.

(c)The board

(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.

(d)Any

(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.