Bill Text: CA SB1215 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Electronic Waste Recycling Act of 2003: covered battery-embedded products.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2022-09-16 - Chaptered by Secretary of State. Chapter 370, Statutes of 2022. [SB1215 Detail]

Download: California-2021-SB1215-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1215


Introduced by Senator Newman
(Principal coauthor: Assembly Member Irwin)
(Coauthors: Senators Archuleta, Becker, Eggman, Wieckowski, and Wiener)
(Coauthors: Assembly Members Lee, Mullin, Petrie-Norris, Stone, Ting, and Wicks)

February 17, 2022


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


LEGISLATIVE COUNSEL'S DIGEST


SB 1215, as introduced, Newman. Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 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. 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 at no cost to the consumer of a used rechargeable battery of the type or brand that the retailer sold or previously sold.
The hazardous waste control laws, among other things, authorize the Department of Toxic Substances Control to regulate the generation and disposal of hazardous waste. Existing law prohibits a person from intentionally disposing of or causing the disposal of a hazardous or extremely hazardous waste at a point not authorized by the hazardous waste control laws, as provided. Under existing department 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 laws, including a regulation adopted pursuant to those laws, is a crime.
The bill would enact the Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022, which 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, unless the container or receptacle is designated for the collection of batteries for recycling, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 7.5 (commencing with Section 42420) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  7.5. Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022
Article  1. General Provisions

42420.
  (a) The Legislature finds and declares both of the following:
(1) In order to reduce incidents of fires and illegal dumping, increase recycling, and substantially reduce public agency costs for the end-of-life management of discarded batteries, battery packs, and battery-embedded products, the Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022 is hereby established to require producers of batteries, battery packs, and battery-embedded products offered for sale or sold in this state to develop, finance, and implement a convenient and cost-effective stewardship program to recover and recycle batteries, battery packs, and battery-embedded products.
(2) In order to promote a circular economy, all batteries, battery packs, and battery-embedded products should enter a recycling process at end of life, and the incorporation of the resulting residual materials into new products should be pursued to the extent that it is economically and technically feasible.
(b) In enacting this chapter, the Legislature intends all of the following:
(1) That consumers have the opportunity to drop off their waste batteries, battery packs, and battery-embedded products free of charge, and that the program established by this chapter leverages existing local infrastructure.
(2) To ensure batteries, battery packs, and battery-embedded products are recycled to the extent that is economically and technically feasible.
(3) That producers fund the free and convenient collection, transportation, and recycling, and the safe and proper management of, batteries, battery packs, and battery-embedded products.
(4) At the time of collection, there is no additional cost to the consumer, local governments, collection sites, or the state to recycle batteries, battery packs, and battery-embedded products.

Article  2. Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act

42422.
 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, unless the container or receptacle is designated for the collection of batteries for recycling pursuant to the universal waste provisions in Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and implementing regulations. Nothing in this section precludes the enforcement of any state law, including Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, or federal hazardous waste law with respect to waste batteries, including lithium-ion batteries.

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