Bill Text: HI SB2311 | 2024 | Regular Session | Introduced
Bill Title: Relating To Electric Vehicle Batteries.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2024-02-13 - The committee on AEN deferred the measure. [SB2311 Detail]
Download: Hawaii-2024-SB2311-Introduced.html
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THE SENATE |
S.B. NO. |
2311 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to electric vehicle batteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part . electric vehicle battery recycling and
disposal program
342I-A Definitions. As used in this part:
"Battery cell" means the basic electrochemical component of a battery, that provides a source of electrical energy and consists of an assembly of a cathode, an anode, and an electrolyte.
"Battery management plan" means a plan using environmentally sound management practices for the collection, transportation, remanufacturing, reuse, recycling, and disposal of used propulsion batteries.
"Battery module" means an array of multiple battery cells connected in series or parallel and encased in one structure.
"Department" means the department of health.
"Director" means director of health.
"Electric vehicle" means a vehicle that derives all or part of its power from electricity supplied by the electric grid and has a battery or equivalent energy storage device that can be charged from an electricity supply external to the vehicle with an electric plug.
"Environmentally sound management practices" means the policies and procedures for the collection, transportation, reuse, and recycling or disposal of used electric vehicle batteries, implemented by a producer to ensure compliance with all applicable federal, state, and county laws to protect human health, safety, and the environment, and to provide for the adequate recordkeeping, tracking, and documentation of the disposal of used propulsion batteries in the State.
"Producer" means a propulsion battery manufacturer, remanufacturer, or importer; a person who repurposes propulsion batteries; or a motor vehicle manufacturer, brand, or trademark licensee, or importer, who manufactures, sells, offers for sale, or imports a propulsion battery in or into the State.
"Propulsion battery" means an electrical energy storage device, consisting of one or more individual battery modules or battery cells, which are used to supply power to propel an electric vehicle. "Propulsion battery" includes lithium-ion batteries and nickel-metal hydride batteries. "Propulsion battery" does not include a starter battery or a battery used for, or embedded in, products for industrial applications.
"Remanufacture" means any repair or modification to a propulsion battery that results in the complete battery, or any battery modules or battery cells being used for the same purpose or application as the one for which the battery was originally designed.
"Repurpose" means any operation to a propulsion battery that results in the complete battery, or any battery modules or battery cells being used for a different purpose or application than the one the battery was originally designed.
"Reuse" means the use of a propulsion battery in another vehicle of the same type that does not require modification to the battery.
"Solid waste" has the same meaning as defined in section 342J-2.
342I-B Propulsion batteries; disposal as solid waste; prohibited. (a) No person shall dispose of a propulsion battery, battery module, or battery cell as solid waste.
(b) No propulsion battery retailer or wholesaler, or authorized collection or recycling facility, in the State shall accept for collection or disposal any propulsion batteries as solid waste. A solid waste collector may refuse to collect a solid waste container containing a propulsion battery or any battery module.
(c) No solid waste facility in the State shall accept for disposal a propulsion battery, battery module, or battery cell, or a truckload or roll-off container of solid waste containing a propulsion battery, battery module, or battery cell.
342I-C Consumer disposal of propulsion batteries. A person seeking to discard a propulsion battery may deliver the battery or the vehicle that contains the battery to:
(1) A location designated by the producer of the battery, as specified in the producer's battery management plan; or
(2) A recycling center authorized by the department to recycle electric vehicle batteries.
342I-D Collection of used propulsion batteries; refusal for collection; prohibited. (a) No producer of propulsion batteries shall refuse to recover a used propulsion battery that it has manufactured, branded, imported, or imbedded into a product in the State if the battery is collected from a location or using a mechanism designated by the producer in its battery management plan. The producer shall provide for the proper reuse, remanufacturing, repurposing, or recycling of a propulsion battery returned pursuant to this subsection.
(b) This section shall not apply to the original producer of a propulsion battery that has been remanufactured, repurposed, branded, imported, retailed, or embedded into a product application by a secondary producer, unless the secondary producer is in a contractual relationship with the original producer pursuant to section 342I-F.
342I-E Propulsion battery disposal; producer responsibility. A producer shall be deemed responsible for the end-of-life management of propulsion batteries as follows:
(1) For a propulsion battery embedded in a vehicle that is sold in the State, or sold or distributed in or into the State via remote sale or distribution:
(A) If the battery is sold in a vehicle under the vehicle manufacturer's own brand, the vehicle manufacturer shall be responsible for the battery;
(B) If the battery is sold in a vehicle under a different brand than that of the vehicle manufacturer, the person that is the licensee of the brand or trademark under which the vehicle is sold, offered for sale, or distributed in or into the State, whether or not the trademark is registered in the State, shall be responsible for the battery; or
(C) If there is no person described by subparagraph (A) or (B) within the United States, the person that imports the battery-containing vehicle into the United States for sale, offering for sale, or distribution in the State shall be deemed responsible for the battery; and
(2) For a propulsion battery that is not embedded in a vehicle that is sold in the State, or sold or distributed in or into the State via remote sale or distribution:
(A) If the battery was manufactured in the United States and has not been remanufactured or repurposed, the battery manufacturer shall be responsible for the battery;
(B) If the battery has been remanufactured or repurposed in the United States, the person that remanufactures or repurposes the battery shall be responsible for the battery, except as otherwise provided in section 342I-F(b); or
(C) If there is no person described by subparagraph (A) or (B) within the United States, the person that imports the battery into the United States for sale, offering for sale, or distribution in the State shall be responsible for the battery.
342I-F Battery management plan. (a) By January 1, 2025, each producer of propulsion batteries sold within the State, either individually or as a part of a group of producers, shall develop and submit a battery management plan to the department for review and approval. Each producer shall consult with the department to develop a battery management plan. The plan shall provide for each producer to be responsible for the collection and management of the producer's used propulsion batteries that are offered to the producer for take-back by the current battery owner.
(b) Notwithstanding section 342I-E to the contrary, the original producer of a propulsion battery shall not be responsible for the management of a battery that a secondary producer has remanufactured or repurposed unless:
(1) The secondary producer is in a contractual relationship with the original producer, which provides for the retention of responsibility for the end-of-life management of the battery by the primary producer; and
(2) The contract has been provided to the department as part of a battery management plan or through another means approved by the department.
(c) A battery management plan prepared and submitted pursuant to this section shall include:
(1) Methods that will be used to collect and store the used propulsion batteries returned to the producer, including proposed collection services;
(2) Methods that will be utilized to transport used propulsion batteries to authorized recycling facilities, including the name and location of all authorized recyclers to be directly utilized pursuant to the plan;
(3) Processes and methods that will be utilized to remanufacture, repurpose, or recycle propulsion batteries that have reached the end of their service life, including a plan for a final disposal of batteries in accordance with environmentally sound management practices, if necessary;
(4) A strategy for informing consumers, vehicle repair facilities, and vehicle dismantlers in the State of the requirement to properly manage propulsion batteries, the environmental impact of the improper handling or disposal of used propulsion batteries, and the mechanisms for the management of propulsion batteries that are available pursuant to the battery management plan;
(5) The means that will be used to implement and finance the battery management plan; and
(6) Any other information, policies, or procedures that the department deems appropriate.
(d) Within one hundred twenty days after receipt by the department of a complete battery management plan, the department shall approve, approve in part, or disapprove of the plan. In making a determination pursuant to this section, the department may solicit information from producers or other stakeholders as the department deems appropriate. The department may assess a producer a reasonable fee to cover the department's costs for plan review, program implementation, and enforcement costs.
If the department approves the battery management plan, the producer shall implement the plan within ninety days after receipt of approval from the department or as otherwise agreed to by the department.
If the department approves in part the battery management plan, the department shall indicate the portions of the plan that do not comply with this part or any rules adopted. The producer shall implement the components of the plan, as approved, within ninety days after the receipt of approval by the department or as otherwise agreed to by the department. To bring the entire plan into compliance with this part and any rules adopted, the producer shall submit a revised battery management plan within thirty days after receipt of notification of the approval in part by the department. The department shall review and approve, conditionally approve, or disapprove a revised battery management plan within thirty days after receipt of the revised plan.
If the battery management plan is disapproved, the department shall inform the producer of the reasons for the disapproval. The producer shall have thirty days to submit a revised battery management plan to the department.
The department may review a battery management plan approved pursuant to this section and recommend modifications at any time upon a finding that the approved battery management plan, as implemented, is deficient.
(e) If one hundred twenty days after receipt by the department of a complete battery management plan, the department has not approved, approved in part, or disapproved the battery management plan pursuant to this section, the battery management plan shall be deemed to be conditionally approved. A producer, subject to any modifications required by the department, shall implement a conditionally approved battery management plan within ninety days after the plan has been deemed conditionally approved by the department.
(f) After January 1, 2025, the department may impose additional plan requirements for any portion of a battery management plan that does not comply with this part, and any rules adopted, for a plan component that has not been approved pursuant to this section.
(g) Within ninety days after the department's approval of a battery management plan submitted in accordance with this section, the department shall post each battery management plan and a list identifying each of the producers participating in a battery management plan at a publicly accessible location on the department's website.
(h) In implementing a battery management plan approved pursuant to this part, a producer shall provide consumers with educational materials related to the producer's approved battery management plan and the collection services that are available. The educational materials shall include but are not limited to information identifying the end-of-life management options that are available for propulsion batteries through the battery management plan.
The department shall establish a system to address consumer complaints and a public education program to assure the widespread dissemination of information concerning the purpose of this part.
342I-G Recovery of costs. (a) Upon request from the department, any costs incurred and payable from the fund as a result of electric vehicle battery cleanups and associated environmental assessments and remediation shall be recovered by the attorney general from the liable entity. The amount of any cost that may be recovered pursuant to this section for an electric vehicle battery cleanup and associated assessment and remedial action paid from the fund shall include the amount paid from the fund and legal interest.
(b) Moneys recovered by the attorney general pursuant to this section shall be deposited to the special account of the environmental management special fund.
(c) Any action for recovery of response costs shall commence within two years after the date of completion of all response actions.
342I-H Entry and inspection of facilities. The department or other authorized party may enter and inspect any building or place at any reasonable time for the purpose of:
(1) Investigating an actual or suspected violation of this part;
(2) Conducting reasonable tests;
(3) Taking samples; and
(4) Reviewing and copying records.
342I-I Enforcement The department shall enforce this part. Authorized employees of the department may issue warnings, citations, or administrative orders, or commence civil action in the appropriate circuit environmental court against persons who fail to comply with this part.
342I-J Penalties. (a) Any person that violates this part shall be fined not more than $ for each separate offense; provided that the failure to post the notice under section 342I-F(h), following a warning issued by the director, shall be subject to a fine of $ for each separate offense. Each battery improperly disposed of or accepted shall constitute a separate offense. The fines imposed pursuant to this subsection shall be cumulative.
(b) Any person who knowingly or wilfully violates this part shall be guilty of a misdemeanor.
(c) Remedies shall be by citations, civil actions, or as provided under sections 342H-10 and 342H-11.
342I-K Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund, established by section 128D-2."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DOH; Electric Vehicle Battery Recycling and Disposal Program; Electric Vehicles; Propulsion Batteries; Hazardous Substances; Fines
Description:
Establishes an electric vehicle battery recycling and disposal program. Prohibits disposal of propulsion batteries as solid waste. Prohibits producers of propulsion batteries from refusing propulsion batteries for reuse, remanufacturing, repurposing, or recycling. Establishes producer responsibility for propulsion batteries embedded into vehicles or sold separately in the State or through remote sale. Authorizes the Department of Health to inspect any place, building, or premise and issue warnings and citations for failure to comply. Establishes requirements for a battery management plan. Establishes fines.
The summary description
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not legislation or evidence of legislative intent.
