Bill Text: CA AB142 | 2019-2020 | Regular Session | Amended
Bill Title: Lead-acid batteries.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-10-13 - Chaptered by Secretary of State - Chapter 860, Statutes of 2019. [AB142 Detail]
Download: California-2019-AB142-Amended.html
Amended
IN
Senate
June 24, 2019 |
Amended
IN
Assembly
May 22, 2019 |
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
February 25, 2019 |
Assembly Bill | No. 142 |
Introduced by Assembly Member Cristina Garcia (Coauthors: Assembly Members Carrillo and Santiago) |
December 13, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
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:SEC. 2.
Section 25215.11 is added to the Health and Safety Code, immediately following Section 25215.1, to read:25215.11.
(a) It is the intent of the Legislature in enacting this chapter that existing and future lead-acid battery recycling, resale, refurbishing, and reuse operations that are in compliance with state and federal law shall not be adversely affected by this chapter.SEC. 3.
Section 25215.2 of the Health and Safety Code is amended to read:25215.2.
(a) A dealer shall accept from a person at the point of transfer a used lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (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 a fee to receive a used lead-acid battery.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. |
SEC. 4.
Section 25215.25 of the Health and Safety Code is amended to read:25215.25.
(a) (1) A California battery fee shall be imposed on a person for each replacement lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (f) of Section 25215.1 purchased from a dealer, except as specified in subdivision (c). On and after April 1, 2017, until March 31, 2022, the amount of the fee shall be one dollar ($1). On and after April 1, 2022, the amount of the fee shall be two dollars ($2).SEC. 5.
Section 25215.3 is added to the Health and Safety Code, to read:25215.3.
(a) A person who manufactures 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.SEC. 6.
Section 25215.35 of the Health and Safety Code is amended to read:25215.35.
(a) Until April 1, 2022, a manufacturer battery fee of one dollar ($1) shall 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.SEC. 7.
Section 25215.45 of the Health and Safety Code is amended to read:25215.45.
(a) (1) Except as provided in paragraph (2), the lead-acid battery fees imposed pursuant to Sections 25215.25 and 25215.35 shall be collected by the California Department of Tax and Fee Administration in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For the purposes of this section, the reference to “feepayer” shall include a dealer and manufacturer.SEC. 8.
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 California Department of Tax and Fee Administration may disclose the name, address, account number, and account status of a person registered with the California Department of Tax and Fee Administration to pay the manufacturer battery fee. Account status shall not include the amount of the manufacturer battery fee paid by any person.SEC. 9.
Section 25215.5 of the Health and Safety Code is amended to read:25215.5.
(a) Lead-acid battery fees collected pursuant to this article shall be managed as follows:SEC. 10.
Section 25215.51 is added to the Health and Safety Code, to read:25215.51.
(a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.(2)
SEC. 11.
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 (b) of Section 25215.3, be credited to the account of the manufacturer remitting those fees to the California Department of Tax and Fee Administration 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.(a)A qualified industry association shall implement a lead-acid battery recycling awareness plan to promote the goals established in this section within 90 days after the qualified industry association’s grant proposal is approved by the Department of Resources Recycling and Recovery pursuant to subdivision (a) of Section 25215.62 and grant funds are disbursed to the qualified industry association.
(b)On or before April 1, 2020, a qualified industry association may submit a grant proposal that includes a lead-acid battery recycling awareness plan to the Department of Resources Recycling and Recovery.
(c)A lead-acid battery recycling awareness plan shall include, at a minimum, all of the following:
(1)The creation of a program to develop and implement a public education program to inform consumers regarding the availability of lead-acid battery recycling, promote the safe and environmentally sound collection of lead-acid batteries by retailers in the state, and promote the safe and environmentally sound recycling of lead-acid batteries collected by retailers and others in the state. The program shall include both of the following:
(A)Consumer, collector, contractor, and retailer education and outreach efforts to promote the goals of the program established pursuant to this paragraph.
(B)The development of
retail signage and consumer information materials. This information may include, but is not limited to, developing, and updating as necessary, educational and other outreach materials aimed at consumers and retailers of lead-acid batteries. These materials may include, but are not limited to, one or more of the following:
(i)Signage designed to be prominently displayed and easily visible to the consumer, including, but not limited to, the signage required pursuant to subdivision (c) of Section 25215.2.
(ii)Written materials and templates of materials for reproduction by retailers to be provided to the consumer at the time of purchase or delivery, or both. Written materials shall include information on the prohibition of improper disposal of lead-acid batteries.
(iii)Advertising or other promotional materials, or both, that include references to lead-acid battery recycling opportunities.
(2)A description of milestones and deliverables established by the qualified industry association to achieve elements of the program described in paragraph (1).
(3)The total cost of implementing the program described in paragraph (1).
(4)A description of methods that would be used to disseminate the public education statements or materials described in paragraph (1).
(5)Examples of educational materials that would be provided to consumers, retailers, and others.
(d)Any retailer may participate, on a voluntary basis, as a lead-acid battery recycling awareness outlet pursuant to the approved plan if the retailer is in compliance with this chapter.
(a)(1)The Department of Resources Recycling and Recovery
SEC. 12.
Section 25215.61 is added to the Health and Safety Code, to read:25215.61.
(a) The department is hereby authorized to expend up to five hundred thousand dollars ($500,000) per year, pursuant to the appropriation in paragraph (1) of subdivision (c) and upon appropriation pursuant to paragraph (2) of subdivision (c), to issue grants to qualified industry associations for projects designed to improve lead-acid battery technology. If the department identifies a regulatory response pursuant to its evaluation of lead-acid batteries pursuant to Article 14 (commencing with Section 25251), the department may issue a grant for the implementation of that regulatory response. Nothing in this section
requires the department to choose any regulatory response identified pursuant to subdivision (b) of Section 25253 for lead-acid batteries.
(2)The Department of Resources Recycling and Recovery shall approve a grant proposal if it meets the requirements of Section 25215.61.
(b)
(c)