Bill Text: CA SB1156 | 2019-2020 | Regular Session | Introduced

California Senate Bill 1156 (Prior Session Legislation)

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

Bill Title: Lithium-ion batteries: illegal disposal: fire prevention.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file. [SB1156 Detail]

Download: California-2019-SB1156-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1156

Introduced by Senator Archuleta

February 20, 2020

An act to add Article 10.6.1 (commencing with Section 25216.5) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL'S DIGEST

SB 1156, as introduced, Archuleta. Lithium-ion batteries: illegal disposal: penalties.

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, defined to include lithium-ion batteries, for reuse, recycling, or proper disposal. The act 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 at no cost to the consumer.

The Hazardous Waste Control Law, among other things, vests the Department of Toxic Substances Control with the authority to regulate the generation and disposal of hazardous waste. The law defines “hazardous waste” to include wastes that may pose a substantial hazard to human health or to the environment. The law prohibits the disposal of hazardous waste at any unauthorized location. Under existing department-adopted regulations, specified hazardous wastes, including certain batteries, are designated as “universal waste” and are regulated separately pursuant to universal waste management provisions. A violation of the Hazardous Waste Control Law, including a regulation adopted pursuant to that law, is a crime.

This bill would prohibit a person from knowingly disposing of a lithium-ion battery in a container or receptacle that is intended for the collection of solid waste or recyclable materials. The bill would require a violation of that prohibition to be charged as a misdemeanor if the violation resulted in a fire that damaged property, as specified, but would otherwise allow a violation to be charged as a misdemeanor or an infraction. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.

Article 10.6.1 (commencing with Section 25216.5) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

Article 10.6.1. Lithium-Ion Batteries

25216.5.

(a) A person shall not knowingly dispose of a lithium-ion battery by depositing it in a container or receptacle that is intended for the collection of solid waste or recyclable materials.

(b) (1) Notwithstanding any other law, except as provided in paragraph (2), a violation of this article may be charged as either a misdemeanor or an infraction.

(2) A violation of this article that results in a fire causing damage to a solid waste collection vehicle, a waste processing facility, or to any other property in excess of one thousand dollars ($1,000) shall be charged as a misdemeanor.

(3) A violation of this article charged as a misdemeanor shall be punishable pursuant to Section 19 of the Penal Code.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.