Bill Text: CA AB1509 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Solid waste: lithium-ion batteries.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2019-06-25 - In committee: Hearing postponed by committee. [AB1509 Detail]

Download: California-2019-AB1509-Amended.html

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Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1509

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Introduced by Assembly Members Mullin and Berman
(Principal coauthor: Senator Hill)
(Coauthors: Assembly Members Bloom and Eggman)

February 22, 2019

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An act to amend Section 15013 of add Section 42450.6 to the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 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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Bill Text

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 California’s 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.