Bill Text: CA SB615 | 2025-2026 | Regular Session | Amended
Bill Title: Vehicle traction batteries.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Engrossed) 2026-07-01 - Ordered to third reading. [SB615 Detail]
Download: California-2025-SB615-Amended.html
|
Amended
IN
Assembly
July 01, 2026 |
|
Amended
IN
Assembly
September 02, 2025 |
|
Amended
IN
Assembly
July 07, 2025 |
|
Amended
IN
Senate
May 23, 2025 |
|
Amended
IN
Senate
April 07, 2025 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 615
| Introduced by Senator Allen (Coauthor: Assembly Member Bauer-Kahan) |
February 20, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
SB 615, as amended, Allen.
Vehicle traction batteries.
Existing law requires the Secretary for Environmental Protection 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 vehicle batteries sold with motor vehicles in the state. Existing law also requires the advisory group to submit policy recommendations to the Legislature aimed at ensuring that as close to 100% as possible of lithium-ion vehicle batteries in the state are reused or recycled at end of life in a safe and cost-effective manner.
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. A violation of the hazardous waste control laws is a crime.
This bill would require a battery supplier, as defined, to be responsible for, among other duties, ensuring the responsible end-of-life management of a vehicle traction battery if it is removed from a vehicle that is still in service, as provided, or if the vehicle traction battery is offered or returned to its battery supplier, for which notice is given and reporting information regarding the sale, transfer, or receipt of a vehicle traction battery or battery module to the department, as provided. The bill would impose related duties on a secondary user, as defined, and a secondary handler, as defined, including, among other duties, ensuring the responsible end-of-life management for a vehicle
traction battery or returning a vehicle traction battery to the battery supplier, and reporting information regarding the sale, transfer, or receipt of a vehicle traction battery or battery module to the department,
as provided. The bill would also require an auctioneer, a remanufacturer, as defined, and salvage disposal auction, a battery recycler, as defined, to report similar information conduct various activities regarding a vehicle traction battery to the department.
battery, as provided.
This bill would require the battery supplier to pay the department’s actual and reasonable regulatory costs to implement and enforce these provisions. The bill would establish the Vehicle Traction Battery Recovery Fund (fund) in the State Treasury and would require the department to deposit all moneys received from the battery supplier into the fund, as specified. Moneys in the fund would be available, upon appropriation by the Legislature, to implement and enforce these provisions. The bill would authorize, upon appropriation by the Legislature, the Director of Finance to make a loan from an unspecified fund to the fund to meet regulatory and startup costs of the department’s activities pursuant to these provisions. The bill would require, upon appropriation by the Legislature, moneys in the fund to be expended to reimburse loans made from other funds for those purposes. The bill would require the department to conduct a study to
determine whether there is evidence of abandonment of orphaned batteries leading to environmental and health and safety hazards and, department, on or before January 1, 2030, and every 5 years thereafter, to conduct a survey on the functioning of the program, as provided, and post the results of its a summary of the survey findings along with other specified information on its internet
website. The bill would authorize the department to impose civil or administrative penalties for a violation of these requirements. The bill would exempt a violation of these requirements from the criminal penalties imposed pursuant to the hazardous waste control laws, but would require that all reports and records provided to the department pursuant to these provisions be provided under penalty of perjury. By expanding the scope of crimes, the bill would impose a state-mandated local program. The bill would restrict public access to certain information collected for the purpose of administering this program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be
adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature hereby finds and declares all of the following:(a) As the State of California continues its commitment to decarbonizing the on-road transportation sector, and as electric vehicles become more cost competitive and popular with consumers, the state will see an increase in the number of vehicle traction batteries.
(b) A vehicle traction battery that is no longer useful in a vehicle can be repurposed for another application, remanufactured, or recycled. Given the growth expected in California’s electric vehicle market, the value inherent in the material used to
manufacture vehicle batteries, and the potential hazard posed by these batteries if handled improperly, California has an interest in creating a coherent state policy designed to ensure all vehicle traction batteries are reused, repaired, repurposed, remanufactured, and eventually recycled.
(c) The Legislature passed and the Governor signed Assembly Bill 2832 of the 2017–18 Regular Session, calling for the formation of an advisory group of experts to develop policy recommendations aimed at ensuring that as close to 100 percent as possible of electric vehicle traction batteries in the state are reused or recycled at end of life in a safe and cost-effective manner. This advisory group published a report in March 2022 summarizing their work, detailing barriers and opportunities for improving management of these batteries, and
presenting policies designed to further the currently developing circular economy, avoid adverse impacts to public health and the environment, and to keep these batteries out of the waste stream.
(d) One key recommendation of the advisory group was to create a program that would require those involved in the production and use of electric vehicle traction batteries to take responsibility for the product’s end of life. The report articulated different approaches to accomplishing this goal and underscored the need to specify which entities should be responsible for coordinating and covering the costs associated with management of the batteries when those costs present a burden for the vehicle owner and the need to mitigate barriers that currently inhibit the reusing, repurposing, and recycling of these batteries.
SEC. 2.
It is the policy of the State of California that any program designed to ensure proper end-of-life management of vehicle traction batteries first strives to reuse, repair, repurpose, or remanufacture vehicle traction batteries when possible.SEC. 3.
Article 4 (commencing with Section 42451) is added to Chapter 8 of Part 3 of Division 30 of the Public Resources Code, to read:Article 4. Vehicle Traction Batteries
42451.
For purposes of this article, the following definitions apply:(a)“Auctioneer” has the same definition as in Section 1812.601 of the Civil Code, but includes a wholesale motor vehicle auction subject to regulation by the Department of Motor Vehicles. Auctioneer does not include a salvage disposal auction.
(b)
(a) “Automobile dismantler” has the same definition as in Section 220 of the Vehicle Code.
(c)
(b) “Automotive repair dealer” has the same definition as in Section 9880.1 of the Business and Professions Code.
(d)
(c) “Battery cell” means the basic electrochemical unit of a battery
that consists of an anode, a cathode, and an electrolyte and is used to store and release electrical energy.
(e)
(d) “Battery management hierarchy” means a hierarchy of battery management wherein the entity in possession of the battery shall first strive to reuse, repair, repurpose, or remanufacture the battery when possible and cost effective. When that is not possible or cost effective, that entity shall ensure that the battery is either repurposed or recycled. If a battery can no longer be cost-effectively used in any application, that entity
shall ensure the battery is recycled.
(f)
(e) “Battery module” means an array of multiple battery cells connected in series or parallel and encased in one structure.
(f) (1) “Battery recycler” means an entity or facility that abides by all applicable federal, state, and local laws, and does either of the following:
(A) Refines the components of an end-of-life vehicle traction battery’s materials, such as aluminum, cobalt, copper, graphite, iron, lithium compounds, manganese, and nickel, back to usable materials suitable for reintroduction into battery manufacturing, or other industrial supply chains.
(B) Extracts and separates materials from end-of-life vehicle traction batteries, including metals, compounds, and intermediate fractions and sends the materials for further processing or refining to another battery recycler.
(2) The term “battery recycler” does not include either of the following:
(A) Entities or facilities that are only engaged in the collection or logistics of moving materials for recycling.
(B) Household hazardous waste collection facilities or solid waste enterprises that are only engaged in the collection and transportation of vehicle traction batteries for subsequent reuse, processing, recycling, or disposal.
(g) “Battery supplier” means all of the following:
(1) A person who initially sells, offers for sale, or distributes a vehicle traction battery into the state, including a vehicle manufacturer licensed pursuant to Section 11701 of the Vehicle Code, or
a vehicle traction battery manufacturer, who sells, offers for sale, or distributes a vehicle traction battery in or into the state under the person’s own name or brand. A vehicle manufacturer shall be considered a battery supplier with respect to vehicle traction batteries included in its vehicles that are sold in this state and with respect to replacement vehicle traction batteries provided, directly or indirectly, by the manufacturer to dealers in the state.
(2) If there is no vehicle manufacturer licensed pursuant to Section 11701 of the Vehicle Code, or no other person in the state who is the battery supplier for purposes of paragraph (1), the battery supplier is the owner or exclusive licensee of a brand or trademark under which the vehicle traction battery is sold or distributed into the state, whether or not the trademark is registered. For
purposes of this subdivision, an “exclusive licensee” is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the vehicle traction battery.
(3) If there is no person in the state who is the battery supplier for purposes of paragraph (1) or (2), the battery supplier is the person that imports the vehicle traction battery into the state for sale, distribution, or installation.
(4) If there is no other person in the state who is the battery supplier for the purpose of paragraph (1), (2), or (3), the battery supplier is the distributor, retailer, dealer, or wholesaler who sells the vehicle traction battery in or into the state.
(5) For purposes of this article, the sale of a vehicle traction battery shall be deemed to occur in the state if the vehicle traction battery, or the vehicle containing the vehicle traction battery, is delivered to a licensed dealer, as defined in Section 285 of the Vehicle Code, or to the consumer in the state.
(6) “Battery supplier” does not include a
either of the following:
(A) A secondary handler who sells, offers for sale, or distributes a vehicle traction battery in or into the state, except in the case of a secondary handler who remanufactures a vehicle traction battery pursuant to subdivision (d) of Section 25235.2. state.
(B) A person that sells a used vehicle into the state.
(h) “Brand” means a name, symbol, word, or mark that identifies a vehicle traction battery rather than its components, and attributes the vehicle traction battery to the owner or licensee of the brand as the battery supplier.
(i) “Dealer” has the same definition as in Section 285 of the Vehicle Code.
(j) “Department” means the Department of Toxic Substances Control. Resources Recycling and Recovery.
(k) “Dispositioned” or “dispositioning” means evaluating a vehicle traction
battery to determine the most suitable battery management option based on metrics, such as the chemistry, condition, format, and location of the vehicle traction battery. The terms include evaluating a vehicle traction battery for secondary use by a repurposer or a battery recycler.
(l) “Education and outreach plan” means a plan submitted to the department pursuant to Section 42451.3.
(k)
(m) “Motor vehicle” has the same definition as in Section 415 of the
Vehicle Code.
(l)
(n) “Orphaned battery” means a
either of the following:
(1) A vehicle traction battery for which the battery supplier, owner, or manufacturer cannot be identified or is no longer doing business.
(m)(1)“Qualified battery recycler” means an entity or facility that is certified by the department, abides by all applicable federal, state, and local laws, and does either of the following:
(A)Collects, sorts, separates, and refines the components of an end-of-life traction battery’s materials and refines the components back to usable battery intermediary components or battery chemicals such as cobalt sulfate, lithium salts, and nickel sulfates.
(B)Extracts and separates a composition of components such as aluminum, cobalt, copper, graphite, iron, lithium compounds, manganese, and nickel, and sends the material for further processing or refining to another battery recycler.
(2)The term “qualified battery recycler” does not include entities or facilities that are only engaged in the collection or logistics of moving materials for recycling or household hazardous waste collection facilities and solid waste enterprises that are only engaged in the collection and transportation of vehicle traction batteries for subsequent reuse, processing, recycling, or disposal.
(3)An entity or facility can be deemed a “qualified battery recycler” even if it relies on separate entities for the collection and sorting of vehicle traction batteries, if it fulfills the requirements stated in subparagraphs (A) and (B) of paragraph (1).
(2) An unwanted vehicle traction battery that has not been collected or managed in accordance with the battery management hierarchy.
(o) “Recovery” means the extraction, separation, or regeneration of critical minerals or cathode materials in their elemental, compound, or intermediate form, such as refined metals, salts,
oxides, hydroxides, or regenerated cathode materials, or other commercially usable forms. The term does not include lithium recovered as slag and used as a concrete additive.
(n)
(p) (1) “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
recovery of critical minerals that are present in a vehicle traction battery feedstock, using one or more battery recyclers.
(2) “Recycle” or “recycling” does not include any of the following: disposal or sham recycling under the federal Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), or other applicable federal law. For the purposes of this paragraph, sham recycling is determined in accordance with the legitimacy criteria in Section 260.43 of Title 40 of the Code of Federal Regulations.
(A)Smelting. For purposes of this subparagraph, “smelting” means to melt or fuse a metalliferous mineral, often with an accompanying chemical change, usually to separate the metal.
(B)Energy generation.
(C)Fuel production.
(D)Other forms of disposal.
(q) “Remanufacturer” means a secondary handler who engages in remanufacturing of vehicle traction batteries.
(o)
(r) “Remanufacturing” means the process of refurbishing a battery, battery cells, or battery modules through the replacement of worn or deteriorated components a standardized industrial process through which battery cores are returned to same-as-new, or better, condition and performance for use in the same application as the one for which the battery was originally designed.
performance, which process is in line with specific technical specifications including engineering, quality, and testing standards.
(p)
(s) “Repair” means the process of fixing or replacing components of a vehicle traction battery to restore the vehicle traction battery to operational condition.
(q)
(t) “Repurposing” means a vehicle traction battery being
the process of modifying a vehicle traction battery or battery pack, module, or cell to be used to fulfill a different use than the one for which the battery was originally designed, such as secondary use.
(r)
(u) “Responsible end-of-life management” means ensuring a vehicle traction battery that is eligible to be recycled pursuant to the battery management hierarchy is ultimately sent to a qualified battery recycler. This may include initial processing by secondary handlers if the material is ultimately sent to a qualified battery recycler.
dispositioned and, pursuant to the battery management hierarchy, is no longer suitable for use as a vehicle traction battery or for repurposing, is directed for battery recycling by a battery recycler.
(s)
(v) “Reuse” means the use of a propulsion battery in another vehicle that does not require modification to the battery.
(t)“Salvage disposal auction” has the same definition as in Section 24020 of the Vehicle Code.
(u)
(w) “Secondary handler” means any either of the following:
(1) A commercial entity, other than the vehicle manufacturer or a secondary user, that takes possession of a vehicle traction battery permanently removed from the vehicle or that permanently removes a vehicle traction battery from the vehicle for purposes, including, but not limited to,
selling, dispositioning, reusing, repairing, remanufacturing, and recycling. This may include, but is not limited to, automobile dismantlers and automotive repair dealers.
(2) A solid waste disposal facility or household hazardous waste facility.
(v)
(x) “Secondary user” means an entity that repurposes a vehicle traction battery to fulfill a different use than what was originally intended.
(y) “State of charge” means the measure of a propulsion battery’s remaining capacity, expressed as a percentage of its total capacity.
(w)
(z) “State of health” or “battery state of health” has the meaning set forth in Section 1962.5(c)(4)(A)4. c. to e., inclusive, of Title 13 of the California Code of Regulations as amended November 30, 2022, or as further amended by the State Air Resources Board.
means a calculated parameter that correlates to usable vehicle traction battery energy for the certified range value and is normalized from 0 to 100 percent.
(x)“Stranded battery” means a vehicle traction battery in which the costs associated with recycling the vehicle traction battery present a burden for the owner of the vehicle or an entity that has removed the vehicle traction battery from the vehicle.
(aa) “Unwanted vehicle traction battery” means a vehicle traction battery that is no longer wanted by the owner. The term may include a vehicle traction battery that has
been damaged, including in a thermal runaway incident.
(y)
(ab) “Vehicle manufacturer” has the same definition as in Section 672 of the Vehicle Code.
(z)
(ac) “Vehicle traction battery” means an advanced battery technology used as a traction battery to propel a motor
vehicle that is required to be registered pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, also known as a battery pack, including battery modules that comprise a battery.
pack. This definition does not include a “lead-acid battery,” as defined in Section 25215.1 of the Health and Safety Code and does not include any battery less than seven kilowatthours.
25235.2.42451.1.
(a) A battery supplier shall do all of the following:(1) (A) Ensure the responsible end-of-life management of a vehicle traction battery under the following circumstances:
(A)
(i) A vehicle traction battery is removed from a vehicle that is still in service, while the vehicle traction battery is still under warranty, pursuant to state and federal laws.
(B)(i)(I)A vehicle traction battery is offered or returned to its battery supplier. “Returned to its battery supplier” for purposes of this section may include sending a vehicle traction battery to a secondary user or qualified battery recycler determined by the battery supplier.
(II)For purposes of this subparagraph, “offered” means notifying the battery supplier that there is a battery in need of responsible end-of-life management.
(ii)Clause (i)
(ii) A vehicle traction battery for which notification has been given pursuant to Section 42451.2.
(B) Subparagraph (A) does not apply to a
either of the following:
(i) A vehicle traction battery that has been branded, embedded, imported, repurposed, or retailed, into a product application by a secondary user, user or remanufacturer, unless the secondary user or remanufacturer is in a contractual relationship with the original battery supplier pursuant to subdivision (b).
(b) or (e).
(ii) A vehicle traction battery that has been disassembled into modules or cells, or is contained within a vehicle or product that is directly owned or controlled by an insurance company.
(2) Retrieve an unwanted vehicle traction battery for which notice has been given pursuant to Section 42451.2 in accordance with either of the following:
(A) Within 60 days after receiving notice from a secondary handler, unless mutually agreeable terms for a longer collection
timeline are made with the secondary handler or there is an unexpected delay due to a force majeure event.
(B) Within 30 days after receiving notice from a solid waste or household hazardous waste facility.
(2)
(3) Adhere to the battery management hierarchy for a vehicle traction battery in their
its
possession.
(3)
(4) Report information regarding the sale, transfer, or receipt of a vehicle traction battery or battery module
to the department pursuant to subdivision (b) of Section 25235.3. 42451.4.
(4)(A)
(5) Fully fund the cost of collection of a vehicle traction battery for which they are
the battery supplier is required to ensure responsible end-of-life management pursuant to paragraph (1).
(B)A battery supplier may require a secondary handler who owns and possesses a vehicle with the vehicle traction battery installed who wishes to return the vehicle traction battery to the battery supplier to return the battery within the vehicle, subject to agreement on compensation. In this case, the battery supplier shall be responsible for the cost to transport the vehicle from the secondary handler, and shall pay the fair market value of that vehicle in its current condition. If the secondary handler and the battery supplier do not agree on the fair market value for the vehicle, the battery supplier remains obligated for the responsible end-of-life management of the vehicle traction battery pursuant to paragraph (1) and shall be responsible for the cost of transporting the battery without the vehicle.
(5)Ensure battery state of health data that is easily interpretable and accessible to secondary handlers and secondary users, either while the vehicle traction battery is inside the vehicle or, if feasible, pursuant to paragraph (4) of subdivision (b) of Section 25235.3, once it has been removed.
(6) (A) Except as provided in subparagraph (B), provide the state of health of a vehicle traction battery embedded in a vehicle through the vehicle’s in-vehicle display or through a nonproprietary on board diagnostic scan tool, for a vehicle that is model year 2028 or later.
(B) A battery supplier may, but is not required to, supply state of health information for a vehicle traction battery that has been removed from or is outside of a vehicle.
(C) For a vehicle traction battery embedded in a hybrid vehicle, a battery supplier satisfies subparagraph (A) by making the state of health available through a nonproprietary on board diagnostic scan tool.
(7) Submit and implement an education and outreach plan.
(b) A secondary user shall do all of the following:
(1) Adhere to the battery management hierarchy.
(2) If the vehicle traction battery has been removed from the secondary application to which the vehicle traction battery has been used and is at the end of its useful life, do either of the following:
(A) Ensure the responsible end-of-life management for a vehicle traction battery.
(B) Return a vehicle traction battery to the battery supplier if the secondary user is in a contractual relationship with the original battery supplier, which provides for the retention of responsibility for the end-of-life
management of the vehicle traction battery by the primary battery supplier.
(3) Report information regarding the sale, transfer, or receipt of a vehicle traction battery or battery module
to the department pursuant to subdivision (b) (a) of Section 25235.3. 42451.4.
(4) Relabel a vehicle traction battery that is repurposed in the state to ensure that the secondary user’s brand is clearly marked on the label. If the original label remains, the secondary user shall place the new label adjacent to the original label and clearly identify the original label as obsolete.
(c) A secondary handler in possession of a vehicle traction battery that has been removed from the vehicle shall do all of the following:
(1) Adhere to the battery management hierarchy.
(2) Except as specified in subdivision (d), (e), ensure the responsible end-of-life management of the vehicle traction battery or return the vehicle traction battery to a battery supplier. If the battery supplier requires a vehicle traction battery to be returned within the vehicle from which it was removed,
the secondary handler shall return the vehicle and be compensated at fair market value if that value is agreed upon pursuant to paragraph (4) of subdivision (a). supplier pursuant to the notice process in Section 42451.2
(3)Report information regarding the sale, transfer, or receipt of a vehicle traction battery or battery module to the department pursuant to subdivision (b) of Section 25235.3.
(d)(1)A secondary handler who remanufactures a vehicle traction battery
(3) Maintain records for three years on each vehicle traction battery sold or transferred by the secondary handler and on the person to whom the vehicle traction battery was sold or transferred.
(4) When shipping a vehicle traction battery, ensure compliance with proper personnel training requirements for shipping under Sections 172.700 to 172.704, inclusive, of Title 49 of the Code of Federal Regulations.
(5) When removing a vehicle traction battery from a vehicle, record the last known state of health and state of charge, if available, and disclose these values at the time of sale or transfer of the vehicle traction battery to another person.
(6) (A) In order to promote the battery management hierarchy, store a vehicle traction
battery not suspected of damage or instability in a covered area, minimizing exposure to precipitation and extreme heat or cold.
(B) Store a vehicle traction battery that is visibly damaged or otherwise suspected to have the potential for thermal runaway in an isolated area away from flammable materials.
(7) Obtain relevant safety training to assist with the safe handling and storage of vehicle traction batteries.
(d) Paragraphs (3), (5), (6), and (7) of subdivision (c) do not apply to a solid waste facility, household hazardous waste facility, or a remanufacturer.
(e) A
remanufacturer shall be considered the battery supplier and subject to the obligations in subdivision (a). However,
do all of the following in addition to the requirements of a secondary handler in subdivision (c):
(1) (A) Ensure the responsible end-of-life management of a vehicle traction battery that the secondary handler remanufactured. However, the secondary handler
remanufacturer may return the vehicle traction battery to the original battery supplier if the secondary handler remanufacturer is in a contractual relationship with the original battery supplier, which provides for the retention of responsibility for the end-of-life management of the vehicle traction battery by the original battery supplier.
(B) Subparagraph (A) does not apply to any of the following:
(i) A vehicle traction
battery that has been branded, embedded, imported, repurposed, or retailed, into a product application by a secondary user, unless the secondary user is in a contractual relationship with the remanufacturer.
(ii) A vehicle traction battery that has been disassembled into modules or cells.
(iii) A vehicle traction battery that is contained within a vehicle or product that is directly owned or controlled by an insurance company.
(2) A secondary handler who remanufactures a vehicle traction battery
remanufacturer shall rebrand and label the vehicle traction battery in a form and manner determined by the department so as to be easily identified as remanufactured by that secondary handler.
pursuant to Section 42451.5. If the original label remains, the remanufacturer shall place the new label adjacent to the original label and clearly identify the original label as obsolete. If the remanufacturer alters the vehicle traction battery’s composition or chemistry, the remanufacturer shall update the label or provide a new data repository internet website link or quick response (QR) code to reflect the new composition.
(e)An auctioneer and salvage disposal auction shall report information regarding the sale or transfer of a vehicle containing a vehicle traction battery to the department pursuant to subdivision (b) of Section 25235.3.
(f)A qualified battery recycler shall report to the department pursuant to subdivision (b) of Section 25235.3.
(3) Retrieve an unwanted vehicle traction battery for which notice has been given pursuant to Section 42451.2 in accordance with either of the following:
(A) Within 60 days after receiving notice from a secondary handler, unless mutually agreeable terms for a longer collection timeline are made with the secondary handler or there is an unexpected delay due to a force majeure event.
(B) Within 30 days after receiving notice from a solid waste or household hazardous waste facility.
(4) Fully fund the cost of collection of a vehicle traction battery for which the remanufacturer is required to ensure responsible end-of-life management.
(5) Submit and implement an education and outreach plan.
(f) (1) A battery recycler shall recover the following critical minerals in the elemental, compound, or intermediate form at the following minimum rates, which rates are calculated based on the battery recycler’s facility-level yearly average:
(A) By 2031, 90 percent of cobalt, 90 percent of nickel, and 50 percent of lithium.
(B) By 2035, 90 percent of cobalt, 90 percent of nickel, and 80 percent of lithium.
(2) The recovery rate for each target critical mineral shall be calculated on an annual basis for each battery recycler using a mass balance approach. The calculation shall account for the mass of the target critical mineral contained in materials entering the recycling process, including waste vehicle traction batteries or
intermediate materials, and the mass of the target critical mineral recovered in materials leaving the recycling process that meet the definition of “recovery.” The recovery rate of a target critical mineral equals the mass of target critical mineral recovered in materials leaving the recycling process divided by the mass of target critical mineral present in materials entering the recycling process. The mass of target critical minerals entering and leaving the recycling process shall be determined based on their chemical composition, using analytical methods and sampling procedures that are representative of the material flows.
(3) A battery recycler shall determine the proportion of different battery chemistries present in materials entering the recycling process by means of a sorting analysis based on continuous sampling or representative sampling methods consistent with generally accepted industry standards.
(g) A battery supplier or remanufacturer may contract with a third party to manage vehicle traction batteries to satisfy this article.
42451.2.
A secondary handler shall notify the battery supplier or remanufacturer of an unwanted vehicle traction battery by submitting the information in paragraph (3) of subdivision (b) of Section 42451.3 through an online application provided on the internet website of the battery supplier or remanufacturer pursuant to paragraph (3) of subdivision (c) of Section 42451.3.42451.3.
(a) No later than 120 days after the effective date of the regulations adopted pursuant to Section 42451.6, a battery supplier or remanufacturer, either individually or jointly with other battery suppliers or remanufacturers, shall submit an education and outreach plan to the department.(b) The education and outreach plan shall include all of the following:
(1) A public education and outreach strategy for secondary handlers that includes all of the following:
(A) The requirements for a secondary handler pursuant to this article.
(B) The process
for how a secondary handler may notify the battery supplier or remanufacturer that an unwanted vehicle traction battery needs collection.
(C) Information about secondary handler registration, including a link to the registration form created by the department pursuant to paragraph (4) of subdivision (c) of Section 42451.6.
(2) A description of how the battery supplier’s or remanufacturer’s contact information may be accessed by a secondary handler.
(3) Information that the battery supplier or remanufacturer requires to determine the eligibility of a vehicle traction battery that needs collection, including each of the following:
(A) Confirmation that the battery is a vehicle traction battery that has been removed from a vehicle.
(B) Confirmation that, to the best of the secondary handler’s knowledge, the vehicle traction battery has not been modified to be ineligible or taken apart.
(C) Confirmation that the vehicle traction battery is fully owned by the secondary handler with no known pending claims for loss or damages by an insurance provider.
(D) The make, model, and year of the vehicle from which the vehicle traction battery came, if available.
(E) The dimensions and weight of the vehicle traction battery, if available.
(F) A photograph of the vehicle traction battery and a photograph of the label on the vehicle traction battery.
(G) An assessment
as to whether, to the best of the secondary handler’s knowledge, the vehicle traction battery is damaged or defective.
(H) A copy of the secondary handler’s federal department of transportation hazmat transportation shipping certification, if available.
(I) The secondary handler’s contact and facility information.
(4) A description of how a secondary handler and a first responder may access emergency response guides for electric vehicles.
(c) A battery supplier or remanufacturer shall develop and maintain one or more internet websites or equivalent means, available in both English and Spanish, that include the information in the education and outreach plan. At least one internet website shall include all of the following:
(1) A link to the battery supplier’s emergency response guide for electric vehicles, if applicable.
(2) The battery supplier’s or remanufacturer’s contact information for a secondary handler.
(3) An online application for a secondary handler to easily provide the battery supplier or remanufacturer the information described in paragraph (3) of subdivision (b).
42451.4.
(a) A secondary user shall annually report to the department, no later than June 1 of each year, both of the following for the preceding year:(1) The number of vehicle traction batteries from California that the secondary user repurposed.
(2) The name and address of the entity for which the repurposed vehicle traction batteries were sold or transferred, including for vehicle traction batteries sent for use in a secondary application and those sent for battery recycling.
(b) A battery supplier or remanufacturer shall annually report to the department, no later than June 1 of each year, all of the following for
the preceding year:
(1) Any updates to the education and outreach plan and how the updates were communicated.
(2) The number of unwanted vehicle traction batteries that needed to be collected from a secondary handler and the number of unwanted vehicle traction batteries collected, by chemistry.
(3) For each request received to collect an unwanted vehicle traction battery, all of the following:
(A) The date that the secondary handler notified the battery supplier or remanufacturer that the unwanted vehicle traction battery needed to be collected and provided the eligibility information.
(B) The date a plan was communicated to the secondary handler for collecting the unwanted vehicle
traction battery.
(C) The date the unwanted vehicle traction battery was collected or, if applicable, the reasons that the unwanted vehicle traction battery was not collected, including supporting information, such as photographs.
(4) The number of vehicle traction batteries, separated by chemistry, sent for reuse, remanufacturing, repurposing, and recycling, respectively.
(5) For each battery recycler used, all of the following:
(A) The battery recycler’s contact information, including identification of the battery recycler’s location.
(B) A description of the general processes used by the battery recycler to achieve required recovery rates.
(C) The recovery rate of lithium, cobalt, and nickel present in the propulsion battery feedstock, using the calculations described in subdivision (f) of Section 42451.1. The targeted critical minerals and specific ratios shall be listed separately. A mineral that is not targeted in the recovery process may be listed as a percent or it may be stated that the mineral is not targeted and recovered by the propulsion battery recycler.
(D) The form of the majority of recovered battery material shall be identified as elemental, compound, or intermediate, consistent with the definition of recovery.
(c) An annual report submitted pursuant to this section may be unique to California or may include information for multiple states. If multiple states are included in the report, the information in paragraphs (1), (2), (3), and (4) of
subdivision (b) shall be identifiable for each state.
(d) A secondary user that is also a battery supplier may submit one annual report that includes all of the information required by subdivisions (a) and (b).
42451.5.
(a) A vehicle traction battery label shall include the name of the battery supplier responsible for the propulsion battery, its date of manufacture, and all of the following:(1) An identification of the chemistry of the propulsion battery, including the cathode type and anode type, such as in accordance with standards developed by SAE International.
(2) The rated capacity or energy as measured by the SAE International standard, SAE J2288, “Life cycle testing of electric vehicle battery modules.”
(3) The hazardous substances contained in the propulsion battery.
(4) Product safety and recall information.
(5) Safe disposal information.
(b) A battery supplier that applies a label shall attach the label to the exterior of the vehicle traction battery so that the label is visible and accessible when the vehicle traction battery is removed from the vehicle in accordance with the manufacturer's recommended procedures for battery removal. The label shall remain legible, adhered, and functionally intact under expected environmental and life-cycle conditions within the vehicle.
(c) To comply with subdivision (a), a battery supplier may apply a quick response (QR) code to the propulsion battery that links to a data repository internet website. The data repository internet website may include information that covers a period of
time representing multiple dates of manufacture if the rest of the label information required by subdivision (a) is consistent across the multiple dates of manufacture and the data repository internet website entry includes the applicable range of dates of manufacture.
(d) The label requirements in subdivision (a) are in addition to any other labeling requirements for vehicle traction batteries under federal or state law.
25235.3.42451.6.
(a) The department, acting in accordance with Article 1 (commencing with Section 11340) to Article 8 (commencing with Section 11350), inclusive, of the Administrative Procedure Act, as set forth in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, shall adopt regulations to implement and enforce this article with an effective date no later than July 1,(b)The regulations shall include a method and form for battery suppliers, secondary users, secondary handlers, auctioneers, salvage disposal auctions, and qualified battery recyclers to annually report information pursuant to this section on a vehicle traction
battery, or the individual battery module if these components are removed from a vehicle traction battery before receipt by a qualified battery recycler. The information reported annually shall include all of the following:
(1)The initial sale or delivery of a vehicle traction battery into the state, either within a vehicle or separately, and when a vehicle containing a vehicle traction battery is sold by an auctioneer.
(2)The vehicle traction batteries shipped out of the state and exported to other countries.
(3)The date the vehicle traction battery was sold, transferred, or received, the name of the entity selling or transferring the vehicle traction battery and the name of the entity receiving it, the vehicle traction battery’s unique identifier, and, if the vehicle traction battery has been removed from the vehicle or is subject to paragraph (4) of subdivision (a) of Section 25235.2, whether the vehicle traction battery will be repaired, reused, remanufactured, repurposed, or recycled. The regulations shall include criteria for when a vehicle traction battery’s unique identifier is not required to be reported, including when it is not present or not possible to access.
(A)When a vehicle containing a vehicle traction battery is sold by a salvage disposal auction, the salvage disposal auction shall be required to report the unique identifier for each vehicle traction battery only if the vehicle traction battery’s unique identifier is present and reasonably accessible through visible inspection of the vehicle without removing parts or dismantling the vehicle.
(B)If the salvage disposal auction cannot access the unique identifier, the salvage disposal auction shall instead include the vehicle identification number and inform the buyer of the vehicle that this information was not reported to the department and of the buyer’s responsibility to report the unique identifier.
(C)Regulations related to the unique identifier of a vehicle traction battery shall be developed in consultation with the State Air Resources Board and include necessary elements for battery traceability and recyclability, including, but not limited to, chemistry identification, voltage, and rated capacity as described in Section 1962.6 of Title 13 of the California Code of Regulations as amended November 30, 2022. For vehicle traction batteries installed in the vehicle by the vehicle manufacturer, the department shall consider using all or part of the vehicle identification number of the vehicle as the unique identifier.
(4)For purposes of facilitating the potential reuse, repair, repurpose, or remanufacture of a vehicle traction battery pursuant to the battery management hierarchy, the department may consider requiring battery suppliers to make available a vehicle traction battery’s state of health if it determines that there is a feasible, safe, and cost-effective way to do so and that there is adequate training and education among battery suppliers and secondary users to safely assess battery state of health. At least 12 months prior to doing so, the department shall conduct a public workshop and seek input from stakeholders. Any regulations related to the state of health of a vehicle traction battery shall be developed in consultation with the State Air Resources Board.
(5)The department shall require qualified battery recyclers to annually report where treatment of vehicle traction batteries takes place along with data on recycling efficiency for recycled vehicle traction batteries, recovery of materials from recycled vehicle traction batteries, and the yield of the final output fractions of lithium, cobalt, nickel, and copper, or other relevant metals, as applicable.
(c)The regulations shall include a process and criteria for determining how the department will assign costs for implementing this article to each battery supplier.
(d)
(b) (1) Annually, the department shall publicly post on the department’s internet website aggregated data on the disposition of vehicle traction batteries removed from vehicles, including data on the number of vehicle traction batteries sold or distributed for reusing,
remanufacturing, repurposing, and recycling. The
department shall not disclose proprietary or confidential information. information as marked by a battery supplier, remanufacturer, or battery recycler and shall be aggregated so that no individual battery supplier, remanufacturer, or battery recycler is identifiable.
(e)The regulations shall include a process for certifying a qualified battery recycler by facility, including an appeals process, a reasonable standard of review, and the ability for entities to cure identified deficiencies and be reevaluated for certification. The process may include, but not be limited to, the following:
(1)Requiring qualified battery recyclers to demonstrate that employees undergo mandatory safety training to ensure the proper management and recycling of vehicle traction batteries. The department may require, develop, or select appropriate training modules for this purpose or may allow a recycler to submit its own safety training plan for approval.
(2)Reassessment and recertification timelines.
(2) Information described in paragraphs (1), (2), and (4) of, subparagraph (A) of paragraph (5) of, and, if aggregated, paragraphs (3) of (5) of, subdivision (b) of Section 42451.4 for the annual report shall not be considered proprietary.
(c) The department shall do all of the following:
(1) Notify solid waste collectors that secondary handlers may contact a battery supplier to take responsibility for an unwanted vehicle traction battery.
(2) Provide a link on the department's public internet website to each battery supplier’s internet website to expedite the collection of unwanted batteries.
(3) Assess the annual reports submitted pursuant to Section 42451.4.
(4) Provide a link on the department's public internet website to a digital registration form that an entity may use to register to comply with Section 42451.1.
(f)
(d) If the federal government creates a battery labeling requirement, the department shall review, evaluate, and compare the federal requirements to those established under this article. It shall, if necessary, revise the regulations pursuant to paragraph (2) of subdivision (b)
Section 42451.6 to ensure consistency and achieve greater efficiency and feasibility. Any revisions shall continue to ensure vehicle traction batteries can be uniquely identified to meet the requirements of this article. If deemed necessary, the department may update the reporting system established under subdivision (b).
(g)When determining the requirements for a qualified battery recycler, the department’s
regulations shall encourage recycling that minimizes generation of hazardous waste, generation of greenhouse gases, environmental impacts, environmental justice impacts, and public health impacts. The regulations shall include criteria to exclude recycling technologies that produce significant amounts of hazardous waste. The regulations may include criteria regarding benefits to the environment and minimization of risks to public health and worker health and safety.
25235.4.42451.7.
(a) No later than 30 days after the effective date of the regulations adopted pursuant to subdivision (a) of Section(1) Provide to the department, in a form and manner established by the department in regulation, the battery supplier’s contact information, including their name, physical and mailing address, email address, and telephone number, and a list of vehicle traction battery types and brands of vehicle traction batteries that the battery supplier sells, distributes for sale, imports for sale, or offers for sale in or into the state.
(2) Inform the department whether the battery supplier plans to file its
education and outreach plan individually or jointly. A battery supplier intending to file jointly shall provide to the department the names of the other battery suppliers or remanufacturers in the group, if feasible. A battery supplier may participate in a group education and outreach plan without participating in group vehicle traction battery collection activities.
(b) A battery supplier shall update the list described in subdivision (a) and provide the updated list to the department on or before January 15 of each year, and upon request of the department.
(c) (1) A battery supplier may not sell, offer for sale, import, or distribute a vehicle traction battery in the state unless the vehicle traction battery has been reported to the department pursuant to subdivision (b) of Section 25235.3.
the battery supplier has submitted an education and outreach plan.
(2) If an entity does not meet the definition of a battery supplier and is not subject to this article but, at any point, meets the definition of a battery supplier, the entity shall comply with the requirements of this article prior to beginning to sell, offer for sale, import, or distribute vehicle traction batteries in the state.
(d)A battery supplier is not in compliance
with this article and is subject to penalties pursuant to Section 25235.11 if, commencing two years from the effective date of regulations adopted pursuant to Section 25235.3, a vehicle traction battery sold or offered for sale by the battery supplier is not accounted for in the reports to the department made pursuant to subdivision (b) of Section 25235.3.
(d) No later than 30 days after the effective date of the regulations adopted pursuant to subdivision (a) of Section 42451.6, a secondary handler shall provide to the department, in a form and manner established by the department in regulation, the secondary handler’s contact information, including their name, physical and mailing address, email address, and telephone number. A secondary handler shall not
be subject to a registration fee.
(e) No later than 30 days after the effective date of the regulations adopted pursuant to subdivision (a) of Section 42451.6, a remanufacturer shall inform the department whether the remanufacturer plans to file its education and outreach plan individually or jointly. A remanufacturer intending to file jointly shall provide to the department the names of the other battery suppliers or remanufacturers in the group, if feasible. A remanufacturer may participate in a group education and outreach plan without participating in group vehicle traction battery collection activities.
25235.5.42451.8.
(a) Within four months of the effective date of the regulations implementing this article, the department shall notify the battery supplier of the estimated regulatory costs as the criteria for those costs are defined in the regulations adopted pursuant to(b) Failure of a battery supplier, or its respective agent who holds records, to produce documents or data that is requested by the department as part of a department audit, or review of a third-party audit, constitutes a violation of this article.
(c) The battery supplier shall, on a schedule determined by the department, pay the department’s actual and reasonable regulatory costs to implement and enforce this article.
(d) (1) The department shall deposit all moneys received from the battery
supplier pursuant to this section into the Vehicle Traction Battery Recovery Fund, which is hereby established in the State Treasury.
(2) Upon appropriation by the Legislature, moneys in the Vehicle Traction Battery Recovery Fund shall be expended to implement and enforce this article, as well as to reimburse any standing loans made from other funds used to finance the regulatory and startup costs of the department’s activities pursuant to this article.
(3) The moneys in the Vehicle Traction Battery Recovery Fund shall not be expended for any other purpose.
(4) Upon appropriation by the Legislature, the Director of Finance may make a loan to the Vehicle Traction Battery Recovery Fund to meet regulatory and
startup costs of the department’s activities pursuant to this article.
25235.6.42451.9.
(a) A battery supplier, a secondary user, a secondary handler, or a qualified battery recycler shall do both of the following:(1) Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this article.
(2) Upon request, within 14 days, provide the department with relevant records, as determined by the
department, necessary to determine compliance with this article.
(b) The records required by this article shall be maintained and accessible for five three years. All reports and records provided to the department pursuant to this article shall be provided under penalty of perjury.
(c) (1) The department may impose civil administrative penalties pursuant to Section 25235.11
42451.14 on a battery supplier, a secondary user, a secondary handler, or a qualified battery recycler that fails to provide the department with the access required pursuant to this section.
(2) The department may post a notice on the department’s internet website that a battery supplier that fails to provide the
department with access pursuant to this section is no longer in compliance with this article.
(a)A
42451.10.
A person who is not(1)Offer or return the vehicle traction battery or the vehicle containing the vehicle traction battery to the battery supplier.
(2)Sell or transfer the vehicle traction battery or the vehicle containing the vehicle traction battery to a secondary handler, secondary user, or qualified battery recycler.
(b)For purposes of this section, “offer” means notifying the battery
supplier that there is a battery in need of responsible end-of-life management.
25235.8.42451.11.
(a) (2)The department shall revise the regulations adopted pursuant to Section 25235.3 in order to include requirements for battery suppliers and secondary users to address the issue of orphaned batteries if determined necessary by the department.
(b) The department may include recommendations in the report required pursuant to subdivision (a) to improve the program established in this article.
25235.9.42451.12.
(a) This article does not exempt a secondary handler from applicable licensing and certification requirements of the Department of Motor Vehicles and the Bureau of Automotive Repair. This section is declaratory of existing law.(b) This article does not exempt an entity from applicable hazardous waste management requirements.
25235.10.42451.13.
(a) Within 12 months of the effective date of the regulations and on or before July 1 of each year thereafter, the department shall publish on the department’s internet website, a list of the names of battery suppliers that are compliant with this article. The department shall list, as appropriate, the reported brands of vehicle traction batteries for each battery supplier.(b)(1)A retailer, dealer, importer, or distributor shall monitor the department’s internet website to determine if a battery supplier, brand, or vehicle traction battery is in compliance with this article for that brand of vehicle traction battery.
(2)A retailer, dealer, importer, or distributor shall not sell, distribute, offer for sale, or import a vehicle traction battery, manufactured on or after the publishing of the most recent list, in or into the state unless the battery supplier of the vehicle traction battery is listed as a compliant battery supplier.
(3)This shall not apply to secondary handlers who return a vehicle traction battery to the vehicle from which it was removed and return that vehicle to its owner after repairs or other maintenance have been completed.
(4)If a vehicle manufacturer, or affiliate thereof, delivers to a dealer a vehicle or vehicle traction battery that cannot be sold pursuant to this article, upon request from the dealer, the vehicle manufacturer, or affiliate thereof, shall buy back the vehicle or vehicle traction battery at the dealer’s cost. For this paragraph, “affiliate” shall have the same meaning as in Section 11713.3 of the Vehicle Code.
(c)
(b) Notwithstanding any other provision of this article, upon identification of a noncompliant battery supplier, the department shall issue a notice of noncompliance to the battery supplier.
(d)
(c) If the department determines a battery supplier is not in compliance with this article, the department shall remove the battery supplier, along with its brands of vehicle traction batteries, from the compliance list.
(e)
(d) A battery supplier that is not listed on the department’s internet website that demonstrates compliance with this article before the next list is posted by the department shall be added to the internet website list within five business days of becoming compliant.
(f)Within 12 months of the effective date of the regulations and on or before July 1 of each year thereafter, the department shall publish on the department’s internet website a list of the names of qualified battery recyclers.
(e) For purposes of this section, “noncompliance” means a violation that is severe or willful in nature.
(a)Except as provided in subdivision (b), the department may impose civil or administrative penalties for a violation of this article pursuant to Article 8 (commencing with Section 25180).
(b)A violation of this article is not subject to the criminal penalties set forth in Article 8 (commencing with Section 25180).
42451.14.
(a) Subject to subdivision (c), an administrative penalty up to the following amounts may be imposed by the department on any person who is in violation of any provision of this article:(1) Ten thousand dollars ($10,000) per day.
(2) Fifty thousand dollars ($50,000) per day if the violation is intentional or knowing.
(b) In assessing or reviewing the amount of an administrative penalty imposed pursuant to subdivision (a) for a violation of this article, the department shall consider all of the following:
(1) The nature and extent of the
violation.
(2) The number and severity of the violation or violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to comply with this article and the period of time over which these measures were taken.
(5) The willfulness of the violator’s misconduct.
(6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
(7) Any other factor that justice may require.
(c) An administrative penalty shall not be imposed for a first-time violation that
is technical or procedural in nature and does not result in significant harm to public health, safety, or the environment, provided the violation is corrected within 30 days after written notice from the department. This subdivision does not apply to knowing, intentional, or repeated violations.
(d) The department shall deposit all penalties collected pursuant to this section into the Vehicle Traction Battery Recovery Penalty Account, which is hereby created in the Vehicle Traction Battery Recovery Fund. Upon appropriation by the Legislature, moneys in the Vehicle Traction Battery Recovery Penalty Account shall be available for expenditure by the department on activities related to the collection, reuse, and recycling of vehicle traction batteries, grants for related purposes, and the administration and enforcement of this article.
(e) The Administrative Adjudication Bill of
Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this article and mandates minimum due process.
SEC. 4.
The Legislature finds and declares that Section 3 of this act, which adds SectionIn order to ensure that the competitive market in the state for the manufacture and sale of vehicle traction batteries is not compromised, it is necessary that confidential or proprietary information collected for the purpose of administering a stewardship program be confidential.
