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AB-2832 Recycling: lithium-ion vehicle batteries: advisory group.(2017-2018)

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Date Published: 06/11/2018 09:00 PM
AB2832:v97#DOCUMENT

Amended  IN  Senate  June 11, 2018
Amended  IN  Assembly  May 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2832


Introduced by Assembly Member Members Dahle and Ting
(Coauthors: Assembly Members Acosta, Burke, Lackey, Mathis, Melendez, Quirk, and Rodriguez)

February 16, 2018


An act to add Chapter 7.5 (commencing with Section 42420) to and repeal Article 3 (commencing with Section 42450.5) of Chapter 8 of Part 3 of Division 30 of the Public Resources Code, relating to recycling.


LEGISLATIVE COUNSEL'S DIGEST


AB 2832, as amended, Dahle. Recycling and reuse: Recycling: lithium-ion batteries. vehicle batteries: advisory group.
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 at no cost to the consumer of a used rechargeable battery of the type or brand that the retailer sold or previously sold. 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 require the Secretary for Environmental Protection, on or before April 1, 2019, to convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion batteries sold with motor vehicles in the state, and would require the secretary to appoint members to the committee from specified departments, vocations, and organizations. The bill would require the advisory group to consult with specified entities and, on or before April 1, 2020, to submit policy recommendations to the Legislature aimed at ensuring that 90% of end-of-life lithium-ion batteries discarded in the state are recycled in a safe and cost-effective manner in the state. The bill would repeal these provisions on January 1, 2022.

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 require the Department of Toxic Substances Control to work collaboratively with specified state entities and stakeholders to identify approaches for the reuse or recycling of lithium-ion batteries from electric vehicles when the batteries are no longer suitable for their intended purposes, identify processes for the proper disposal of those lithium-ion batteries, and develop recommendations for the creation of, and funding for, a grant program that would provide assistance for the development of recycling and reuse opportunities for those lithium-ion batteries, as provided, and to submit a report to the Legislature, on or before July 1, 2020, based on their findings.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 3 (commencing with Section 42450.5) is added to Chapter 8 of Part 3 of Division 30 of the Public Resources Code, to read:
Article  3. Lithium-Ion Batteries

42450.5.
 (a) For purposes of this section, the following definitions apply:
(1) “Automobile dismantler” has the same definition as in Section 220 of the Vehicle Code.
(2) “Motor vehicle” has the same definition as in Section 415 of the Vehicle Code.
(3) “Vehicle manufacturer” has the same definition as in Section 672 of the Vehicle Code.
(b) On or before April 1, 2019, the Secretary for Environmental Protection shall convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Until April 1, 2020, the advisory group shall meet at least quarterly. The advisory group shall consult with universities and research institutions that have conducted research in the area of battery recycling, with manufacturers of electric and hybrid vehicles, and with the recycling industry. The Secretary for Environmental Protection shall appoint at least one member to the advisory group from each of the following:
(1) The Department of Resources Recycling and Recovery.
(2) The Department of Toxic Substances Control.
(3) A vehicle manufacturer or an organization that represents one or more vehicle manufacturers.
(4) An electronic waste recycler or an organization that represents one or more electronic waste recyclers.
(5) An automotive repair dealer or an organization that represents one or more automotive repair dealers.
(6) An automobile dismantler or an organization that represents one or more automobile dismantlers.
(7) An environmental organization that specializes in waste reduction and recycling.
(8) A representative of the energy storage industry.
(9) A lithium-ion vehicle battery manufacturer.
(10) A standards-developing organization that has a focus on automotive engineering.
(c) On or before April 1, 2020, the Lithium-Ion Car Battery Recycling Advisory Group shall submit policy recommendations to the Legislature, in compliance with Section 9795 of the Government Code, aimed at ensuring that 90 percent of end-of-life lithium-ion vehicle batteries discarded in the state are recycled in a safe and cost-effective manner in the state.
(d)  This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SECTION 1.

It is the intent of the Legislature to do both of the following:

(a)Avoid the disposal in landfills of lithium-ion batteries from electric vehicles, as electric vehicles become a larger portion of the vehicle fleet, by identifying opportunities for the reuse and recycling of those lithium-ion batteries that are no longer suitable for their intended purposes.

(b)Provide consumers with an opportunity to properly dispose of lithium-ion batteries from electric vehicles, at no cost to consumers.

SEC. 2.Chapter 7.5 (commencing with Section 42420) is added to Part 3 of Division 30 of the Public Resources Code, to read:
7.5.Lithium-Ion Electric Vehicle Batteries
42420.

For purposes of this chapter, “department” means the Department of Toxic Substances Control.

42420.2.

The department shall work collaboratively with the State Air Resources Board, the Department of Resources Recycling and Recovery, the State Energy Resources Conservation and Development Commission, the Bureau of Automotive Repair, and stakeholders to do all of the following:

(a)Identify approaches for the reuse or recycling of lithium-ion batteries from electric vehicles when the batteries are no longer suitable for their intended purposes, in order to minimize the amount of potentially hazardous materials that enter the state’s waste disposal system.

(b)Identify processes for the proper disposal of lithium-ion batteries from electric vehicles, including, but not limited to, disposal at no cost to the consumer.

(c)Develop recommendations for the creation of, and funding for, a grant program that would provide assistance for the development of recycling and reuse opportunities for lithium-ion batteries from electric vehicles when the batteries are no longer suitable for their intended purposes. The recommendations shall provide that entities and persons who would be eligible for a grant include, but are not limited to, manufacturers of lithium-ion batteries for electric vehicles.

(d)(1)On or before July 1, 2020, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, based on findings pursuant to subdivisions (a), (b), and (c).

(2)Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by this subdivision is inoperative on January 1, 2024.