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AB-1663 Lead-acid batteries.(2017-2018)

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Date Published: 04/18/2017 09:00 PM
AB1663:v97#DOCUMENT

Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1663


Introduced by Assembly Member Cristina Garcia Cristina Garcia

February 17, 2017


An act to amend Sections 25215.1 25215.1, 25215.2, 25215.25, and 25215.56 of, and to add Sections 25215.3 and 25215.48 to, the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1663, as amended, Cristina Garcia Cristina Garcia. Lead-acid batteries.
Existing law prohibits a person from disposing, or attempting to dispose, of a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters, but authorizes a person to dispose of a lead-acid battery at certain locations. Existing law, on and after April 1, 2017, until March 31, 2022, requires a manufacturer battery fee of $1 to be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California, or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California. Existing law requires the manufacturer battery fee to be paid to the State Board of Equalization. Existing law defines “manufacturer” for these purposes.

This bill would amend the definition of manufacturer to also include the person who manufactures the lead-acid battery, who is not a “retailer engaged in business in this state,” as defined, and who voluntarily elects to pay the manufacturer battery fee on behalf of another person, as specified.

This bill would authorize a person who manufacturers a lead-acid battery and is not subject to the jurisdiction of the state to agree in writing with the importer, as defined, of that lead-acid battery to pay the manufacturer battery fee on behalf of the importer.
Existing law requires manufacturer battery fees remitted pursuant to these provisions to be credited against amounts owed by the manufacturer to the state under a judgment or determination of liability under specific hazardous materials provisions or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility.
This bill would additionally require that manufacturer battery fees remitted pursuant to these provisions be credited to the account of the manufacturer remitting those fees. The bill would require that a person who meets the definition of manufacturer added by this bill agrees in writing to pay the manufacturer battery fee on behalf of an importer be credited for a payment of the manufacturer battery fee only if certain conditions are met, including that the person provide to the purchaser of a lead-acid battery a statement that includes specified information on the invoice, contract, or other record documenting the transaction. The bill would require that a purchaser of a lead-acid battery who receives that statement in a timely manner, and any subsequent purchaser of that battery, be relieved from liability for the manufacturer battery fee that would otherwise be imposed on the sale of that battery. battery, provided that the manufacturer remits payment of the manufacturer battery fee to the state for the sale of that battery. The bill would authorize a person an importer who pays has paid the manufacturer battery fee and who receives an untimely statement that the fee has been paid for that battery to file a claim for a refund of any overpaid fees pursuant to specified law. fees.
The bill would, notwithstanding specified law, authorize the board to disclose the name, address, account number, and account status of a person registered with the board to pay the manufacturer battery fee. The bill would provide that account status does not include the amount of the manufacturer battery fee paid by any person.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 25215.1 of the Health and Safety Code is amended to read:

25215.1.
 For purposes of this article, the following definitions shall apply:
(a) “Board” means State Board of Equalization.
(b) “Business” means any person, as defined in subdivision (j), except a natural person or a city, county, city and county, district, commission, the state, or any department, agency, or political subdivision of any of those, or an interstate body or, to the extent permitted by law, the United States and its agencies and instrumentalities.
(c) “California battery fee” means the fee imposed pursuant to Section 25215.25.
(d) “Dealer” means every person who engages in the retail sale of replacement lead-acid batteries directly to persons in California. “Dealer” includes a manufacturer of a new lead-acid battery that sells at retail that lead-acid battery directly to a person through any means, including, but not limited to, a transaction conducted through a sales outlet, catalog, or Internet Web site or any other similar electronic means.
(e) “Importer” means a person described in paragraph (2) of subdivision (h).

(e)

(f) “Lead-acid battery” means any battery weighing over five kilograms that is primarily composed of both lead and sulfuric acid, whether sulfuric acid is in liquid, solid, or gel state, with a capacity of six volts or more that is used for any of the following purposes:
(1) As a starting battery that is designed to deliver a high burst of energy to an internal combustion engine until it starts.
(2) As a motive power battery that is designed to provide the source of power for propulsion or operation of a vehicle, including a watercraft.
(3) As a stationary storage or standby battery that is designed to be used in systems where the battery acts as either electrical storage for electricity generation equipment or a source of emergency power, or otherwise serves as a backup in case of failure or interruption in the flow of power from the primary source.
(4) As a source of auxiliary power to support the electrical systems in a vehicle, as defined in Section 670 of the Vehicle Code, including a vehicle as defined in Section 36000 of the Vehicle Code, or an aircraft.

(f)

(g) “Lead-acid battery recycling facility” means any site at which lead-acid batteries are or have been disassembled for the purpose of making components available for reclamation to produce elemental lead or lead alloys or at which lead-acid batteries or their components, or both, are or have been reclaimed to produce elemental lead or lead alloys.

(g)

(h) “Manufacturer” means any either of the following:
(1) The person who manufactures the lead-acid battery and who sells, offers for sale, or distributes the lead-acid battery in the state.

(2)(A)The person who manufactures the lead-acid battery, who is not a “retailer engaged in business in this state” pursuant to subdivision (c) of Section 6203 of the Revenue and Taxation Code, and who voluntarily elects to pay the manufacturer battery fee imposed pursuant to Section 25215.35 on behalf of a person described in paragraph (3).

(B)A person described in subparagraph (A) is subject to the jurisdiction of the state, and the manufacturer battery fee imposed pursuant to Section 25215.35 constitutes a liability on that person owed to the state.

(3)

(2) (A) If there is no person described in paragraph (1) or (2) that is subject to the jurisdiction of the state, the manufacturer is the person who imports the lead-acid battery into the state for sale or distribution.
(B) For purposes of this article, a person is subject to the jurisdiction of the state with respect to a lead-acid battery if the person is a retailer engaged in business in this state, as defined in subdivision (c) of Section 6203 of the Revenue and Taxation Code, with respect to that lead-acid battery.

(h)

(i) “Manufacturer battery fee” means the fee imposed pursuant to Section 25215.35.

(i)

(j) “Owner or operator” has the same meaning given in Section 9601(20) of Title 42 of the United States Code and any person that previously met that definition or is the legal successor to a person that meets the definition or previously met the definition.

(j)

(k) “Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, city and county, district, commission, the state, or any department, agency, or political subdivision of any of those, interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law.

(k)

(l) “Remedial action” has the same meaning as in Section 25322.

(l)

(m) “Removal” has the same meaning as in Section 25323.

(m)

(n) “Replacement lead-acid battery” means a new lead-acid battery that is sold at retail subsequent to the original sale or lease of the equipment or vehicle in which the lead-acid battery is intended to be used. “Replacement lead-acid battery” does not include a spent, discarded, refurbished, reconditioned, rebuilt, or reused lead-acid battery.

(n)

(o) “Response action” has the same meaning as in Section 25323.3.

(o)

(p) (1) A “retail sale” or a “sale at retail” has the same meaning as defined in Section 6007 of the Revenue and Taxation Code.
(2) “Retail sale” does not include any of the following:
(A) The sale of a battery for which a California battery fee has previously been paid.
(B) The sale of a replacement lead-acid battery that is temporarily stored or used in California for the sole purpose of preparing the replacement lead-acid battery for use thereafter solely outside of the state and that is subsequently transported outside the state and thereafter used solely outside of the state.
(C) The sale of a battery for incorporation into new equipment for subsequent resale.
(D) The replacement of a lead-acid battery pursuant to a warranty or a vehicle service contract described under Section 12800 of the Insurance Code.
(E) The sale of any battery intended for use with or contained within a medical device, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) as that definition may be amended.

(p)

(q) “Used lead-acid battery” means a lead-acid battery no longer fully capable of providing the power for which it was designed or that a person no longer wants for any other reason.

(q)

(r) “Wholesaler” means any person who purchases a lead-acid battery from a manufacturer for the purpose of selling the lead-acid battery to a dealer, high-volume customer, or to a person for incorporation into new equipment for resale.

SEC. 2.

 Section 25215.2 of the Health and Safety Code is amended to read:

25215.2.
 (a) A dealer shall accept from persons at the point of transfer a used lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (e) (f) of Section 25215.1, but shall not be required to accept from any person more than six used lead-acid batteries per day. A dealer shall not charge any fee to receive a used lead-acid battery.
(b) On and after April 1, 2017, a dealer shall charge to each person who purchases a replacement lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (e) (f) of Section 25215.1 and who does not simultaneously provide the dealer with a used lead-acid battery of the same type and size a refundable deposit for each such battery purchased. The dealer shall display the amount of the deposit separately on the receipt provided to the purchaser. The dealer shall refund the deposit to that person if, within 45 days of the sale of the replacement lead-acid battery, the person presents to the dealer a used lead-acid battery of the same type and size. A dealer may require the person to provide a receipt documenting the payment of the deposit before refunding any deposit. A dealer may keep any lead-acid battery deposit moneys that are not properly claimed within 45 days after the date of sale of the replacement lead-acid battery, not including any sales tax reimbursement charged to the consumer. Sales tax reimbursement charged to the consumer on the amount of the deposit shall be remitted to the board.
(c) A dealer shall post a written notice that is clearly visible in the public sales area of the establishment, or include on the purchaser’s receipt, the following language:
This dealer is required by law to charge a nonrefundable $1 California battery fee and a refundable deposit for each lead-acid battery purchased.
A credit of the same amount as the refundable deposit will be issued if a used lead-acid battery is returned at the time of purchase or up to 45 days later along with this dealer’s receipt.
(d) The department shall provide notice of an alleged violation of subdivision (c) to any person alleged to be in violation of that subdivision no less than 60 days before the issuance of an order or filing an action imposing a civil penalty pursuant to subdivision (b) of Section 25189.2. If the person corrects the alleged violation before the order is issued or the action is filed the department shall not impose the civil penalty.
(e) Subdivision (c) does not apply to any of the following:
(1) A person whose ordinary course of business does not include the sale of lead-acid batteries.
(2) A person that does not sell lead-acid batteries directly to consumers, such as over-the-counter, but instead removes nonfunctional or damaged batteries and installs new lead-acid batteries as a part of an automotive repair dealer service.
(3) A business that removes lead-acid batteries and installs new lead-acid batteries as a part of roadside services. “Roadside services,” for purposes of this paragraph, means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by or on behalf of a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code.
(f) Except as authorized by this article, a dealer shall not collect a refundable deposit for a lead-acid battery from a person.

SEC. 3.

 Section 25215.25 of the Health and Safety Code is amended to read:

25215.25.
 (a) (1) On and after April 1, 2017, until March 31, 2022, a California battery fee of one dollar ($1) shall be imposed on a person for each replacement lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (e) (f) of Section 25215.1 purchased from a dealer. On and after April 1, 2022, the amount of the fee shall be two dollars ($2).
(2) Except for sales to businesses, the dealer shall charge a person the amount of the California battery fee as a charge that is separate from, and not included in, any other fee, charge, or other amount paid by the person.
(3) The dealer shall collect the California battery fee at the time of sale and may retain 11/2 percent of the fee as reimbursement for any costs associated with the collection of the fee. The remainder of the California battery fee collected by the dealer shall be paid to the board in a manner and form prescribed by the board and at the time the return is required to be filed, as specified in Section 25215.47.
(4) All moneys required to be collected by a dealer pursuant to this section that are not properly remitted to the board pursuant to paragraph (3) shall be deemed to be a debt owed to the state by the dealer.
(5) A person who purchases a replacement lead-acid battery in this state is liable for the California battery fee until that fee has been paid to the board, except that payment to a dealer registered under this article is sufficient to relieve the person from further liability of the fee.
(6) All moneys remitted to the board pursuant to this subdivision shall be expended in accordance with Section 25215.5.
(b) (1) Except for sales to businesses, the California battery fee imposed pursuant to subdivision (a) shall be separately stated by the dealer on the invoice given to a person at the time of sale. Any other fee charged by the dealer related to the lead-acid battery purchase, including any deposit charged, credited, or both, pursuant to Section 25215.2, shall be identified separately from the California battery fee.
(2) If a person purchases more than one lead-acid battery in a single transaction, and is therefore imposed more than one California lead-acid battery fee in that transaction, the dealer shall not be required to individually list on the invoice each California lead-acid battery fee imposed, but may instead condense the fees to a single-line item.

SEC. 2.SEC. 4.

 Section 25215.3 is added to the Health and Safety Code, to read:

25215.3.
 (a) A person who manufacturers a lead-acid battery and is not subject to the jurisdiction of the state may agree in writing with the importer of that lead-acid battery to pay the manufacturer battery fee imposed pursuant to Section 25215.35 on behalf of the importer.
(b) A person described in paragraph (2) of subdivision (g) of Section 25215.1 who pays the manufacturer battery fee on behalf of an importer pursuant to subdivision (a) shall be credited, pursuant to Section 25215.56, for a payment of the manufacturer battery fee on behalf of a person described in paragraph (3) of subdivision (g) of Section 25215.1, that payment, if the person does all of the following:
(1) The person submits to the jurisdiction of the state for purposes of the fees imposed under this article and registers with the board to pay and remit the manufacturer battery fee.
(2) The person provides to the purchaser a statement on the invoice, contract, or other record documenting the transaction that includes the following information:
(A) The person’s manufacturer account number with the board.
(B) An identification of the lead-acid battery or batteries sold that are will be subject to the manufacturer battery fee.
(C) A statement that the person has paid or will pay the manufacturer battery fee to the state. state on behalf of the importer.
(3) The person retains records sufficient to document that the lead-acid battery for which the person has elected agreed to pay the manufacturer battery fee was delivered for retail sale in California, the identity of the purchaser of that battery, and that the statement required by paragraph (2) was provided to the purchaser of the battery in a timely manner pursuant to subdivision (b). (c). The person shall retain these records for a period of no less than three years and shall make the records reasonably available to the board upon request.

(b)

(c) (1) A purchaser of a lead-acid battery who receives a timely statement from a manufacturer pursuant to paragraph (2) of subdivision (a), (b), and any subsequent purchaser of that battery, shall be relieved from liability for the manufacturer battery fee that would otherwise be imposed any obligation imposed pursuant to Section 25215.35 on the sale of that battery. battery, provided that the manufacturer remits payment of the manufacturer battery fee to the state for the sale of that battery. A statement shall be considered timely if it is issued before the manufacturer bills the purchaser for the lead-acid battery, within the manufacturer’s normal billing and payment cycle, before delivery of the battery to the purchaser, or before the date on which a return would be due pursuant to Section 25215.47.
(2) A person, not including a person described in paragraph (2) of subdivision (g) of Section 25215.1, An importer who has paid the manufacturer battery fee for a lead-acid battery and who subsequently receives an untimely statement that the fee has already been paid for that battery may file a claim for a refund for any overpaid fees as provided in Article 3 (commencing with Section 55081) of Chapter 3 of, and Article 1 (commencing with Section 55221) of Chapter 5 of, Part 30 of Division 2 of the Revenue and Taxation Code.

SEC. 3.SEC. 5.

 Section 25215.48 is added to the Health and Safety Code, to read:

25215.48.
 Notwithstanding subdivision (b) of Section 55381 of the Revenue and Taxation Code, the board may disclose the name, address, account number, and account status of a person registered with the board to pay the manufacturer battery fee. Account status shall not include the amount of the manufacturer battery fee paid by any person.

SEC. 4.SEC. 6.

 Section 25215.56 of the Health and Safety Code is amended to read:

25215.56.
 (a) Any manufacturer battery fees remitted pursuant to this article shall, subject to subdivision (a) (b) of Section 25215.3, be credited to the account of the manufacturer remitting those fees to the board and shall be credited against amounts owed by the manufacturer to the state pursuant to a judgment or determination of liability under Chapter 6.8 (commencing with Section 25300) or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility. A manufacturer shall not seek more than one credit for the same fee amount. This subdivision does not apply to any manufacturer who is also an owner or operator of a lead-acid battery recycling facility in California.
(b) The amount paid by a manufacturer for a manufacturer battery fee shall be considered to reduce the manufacturer’s share of liability in the allocation or apportionment of costs among potentially responsible parties in a contribution action brought by a private party related to a release of hazardous substances from a lead-acid battery recycling facility. This subdivision does not apply to any manufacturer who is also an owner or operator or a former owner or operator of a lead-acid battery recycling facility in California where a release occurred.
(c) This article does not create a private cause of action. Nothing in this article shall be construed to affect, expand, alter, or limit any requirements, duties, rights, or remedies under other law, or limit the state or any other party from bringing any cause of action that may exist under any law.