Bill Text: CA AB1663 | 2017-2018 | Regular Session | Amended

California Assembly Bill 1663 (Prior Session Legislation)

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

Bill Title: Group homes: immigrant children.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2018-06-26 - Re-referred to Com. on RLS. [AB1663 Detail]

Download: California-2017-AB1663-Amended.html

Amended IN Assembly March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1663

Introduced by Assembly Member Cristina Garcia

February 17, 2017

An act to amend ~~Section 39021.5 of~~ Sections 25215.1 and 25215.56 of, and to add Sections 25215.3 and 25215.48 to, the Health and Safety Code, relating to ~~air resources.~~ hazardous waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 1663, as amended, Cristina Garcia. ~~Air resources: emissions control.~~ 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.
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 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. The bill would authorize a person who pays the manufacturer battery fee and who receives an untimely statement to file a claim for a refund of any overpaid fees pursuant to specified law.
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.
Existing law generally gives responsibility for the control of air pollution from vehicular sources to the State Air Resources Board and from all other sources to local and regional authorities, as provided. Existing law defines various terms for these purposes.
~~This bill would correct an obsolete reference.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES 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.

(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) “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) “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) “Manufacturer” means ~~either~~ any 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.
~~(2)~~

(3) 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.

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

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

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

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

(o) (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.

(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) “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) “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 25215.3 is added to the Health and Safety Code, to read:

25215.3.
(a) A person described in paragraph (2) of subdivision (g) of Section 25215.1 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, 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 subject to the manufacturer battery fee.
(C) A statement that the person has paid or will pay the manufacturer battery fee to the state.
(3) The person retains records sufficient to document that the lead-acid battery for which the person has elected 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). 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) (1) A purchaser of a lead-acid battery who receives a timely statement from a manufacturer pursuant to paragraph (2) of subdivision (a), and any subsequent purchaser of that battery, shall be relieved from liability for the manufacturer battery fee that would otherwise be imposed on 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, 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.

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.

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

25215.56.

(a) Any manufacturer battery fees ~~paid~~ remitted pursuant to this article shall, subject to subdivision (a) 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.

SECTION 1.Section 39021.5 of the Health and Safety Code is amended to read:
39021.5.
“Components of emissions control systems” are those parts included in the state board’s “Emissions Warranty Parts List,” dated December 14, 1978, referenced in subdivision (c) of Section 2036 of Title 13 of the California Code of Regulations.