Bill Text: CA SB615 | 2025-2026 | Regular Session | Amended

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Bill Title: Vehicle traction batteries.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Engrossed) 2026-08-20 - Ordered to third reading. [SB615 Detail]

Download: California-2025-SB615-Amended.html

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Amended  IN  Assembly  August 20, 2026

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

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Introduced by Senator Allen
(Coauthor: Assembly Member Bauer-Kahan)

February 20, 2025

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An act to add Article 4 (commencing with Section 42451) to Chapter 8 of Part 3 of Division 30 of the Public Resources Code, An act to add Part 11 (commencing with Section 44480) to Division 26 of the Health and Safety Code, relating to vehicle traction batteries.

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.

Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards and to regulate emissions from motor vehicles. Existing state board regulations require certain new motor vehicles to be equipped with specified traction battery labels.

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 for which notice is given and reporting information 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, as provided. The bill would also require a remanufacturer, as defined, and a battery recycler, as defined, to conduct various activities regarding a vehicle traction battery, as provided. require, commencing July 1, 2028, a battery supplier, as defined, to equip a new vehicle traction battery sold in the state with a permanent label containing only specified information, as provided. The bill would require a remanufacturer to rebrand and relabel a remanufactured vehicle traction battery, as provided.

The bill would require each battery supplier and remanufacturer, no later than 90 days after the chaptering of the act, to register with the state board and provide the state board with specified information. The bill would require those entities to update that registration and information annually and upon request of the board, as provided.

The bill would require the state board to adopt regulations no later than July 1, 2031, to implement and enforce these provisions and would require the state board to determine the most cost-effective means to accept required electronic submissions, 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. battery suppliers, beginning July 1, 2029, and annually thereafter, to pay the state board a fee sufficient to cover the state board’s full personnel, administrative, regulatory, and loan and interest costs related to implementing and enforcing these provisions. The bill would require the state board to create a tiered fee schedule based on each battery supplier’s share of total in-state vehicle registrations with vehicle traction batteries 10 years prior, and would exempt establishment of and updates to that schedule from the Administrative Procedure Act. The bill would establish the Vehicle Traction Battery Recovery Fund (fund) in the State Treasury and would require the department the state board to deposit all fee moneys received from the battery supplier into the fund, as specified. Moneys in the fund would be available, upon appropriation by the Legislature, only to implement and enforce these provisions. provisions, and to reimburse specified loans and interest. 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 state board’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, 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 a summary of the survey findings along with other specified information on its internet website. The bill would authorize the department to impose administrative penalties for a violation of these requirements. The bill 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. The state board’s duties under the bill would be contingent upon an appropriation for these purposes.

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: YESNO  

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Bill 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.

(d) Proper labeling of vehicle traction batteries is crucial for secondary handlers, such as automobile dismantlers, to identify the batteries and determine their disposition for potential reuse, repair, remanufacturing, or repurposing; for the safe handling and transport of the batteries; and for recyclers to properly recycle the batteries for efficient critical mineral recovery.

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. When a vehicle traction battery is no longer used in any application, the program shall ensure the vehicle traction batteries are recycled. Disposal of these vehicle traction batteries should be discouraged and ultimately eliminated in support of achieving a circular economy.

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:

4.Vehicle Traction Batteries

42451.

SEC. 3.

 Part 11 (commencing with Section 44480) is added to Division 26 of the Health and Safety Code, to read:

PART 11. Vehicle Traction Batteries

44480.

 For purposes of this article, part, the following definitions apply:

(a)“Automobile dismantler” has the same definition as in Section 220 of the Vehicle Code.

(b)“Automotive repair dealer” has the same definition as in Section 9880.1 of the Business and Professions Code.

(c)

(a) “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.

(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 the battery is recycled.

(e)

(b) “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)

(c) “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 either of the following:

(A)A secondary handler who sells, offers for sale, or distributes a vehicle traction battery in or into the state.

(B)A person that sells a used vehicle into the state.

(1) The vehicle manufacturer of the vehicle containing the vehicle traction battery, unless the vehicle traction battery is an aftermarket part. If a vehicle’s vehicle traction battery is replaced with an original equipment manufacturer’s vehicle traction battery, the battery supplier is the vehicle manufacturer.

(2) If a replacement vehicle traction battery is not an original equipment manufacturer’s vehicle traction battery for the vehicle but instead an aftermarket vehicle traction battery, the entity that owns or licenses the trademark of the replacement vehicle traction battery is the battery supplier, if that entity is in the state.

(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 importer, distributor, retailer, dealer, or wholesaler who sells, offers for sale, distributes, deals, leases, or offers for lease the aftermarket vehicle traction battery in or into the state.

(d) “Board” means the State Air Resources Board.

(h)

(e) “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. supplier, such as a trademark as defined in subdivision (a) of Section 14202 of the Business and Professions Code, whether registered or unregistered.

(i)

(f) “Dealer” has the same definition meaning as in Section 285 of the Vehicle Code.

(j)“Department” means the Department of 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.

(m)

(g) “Motor vehicle” has the same definition meaning as in Section 415 of the Vehicle Code.

(n)“Orphaned battery” means 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.

(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.

(p)(1)“Recycle” or “recycling” means the 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 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.

(h) “Person” has the same meaning as in Section 40170 of the Public Resources Code.

(q)

(i) “Remanufacturer” means a secondary handler person, other than the battery supplier regarding its own batteries, who engages in remanufacturing of vehicle traction batteries. A person is a remanufacturer even if the person never makes modifications to the battery or the person’s modifications to the battery are unsuccessful.

(r)

(j) “Remanufacturing” means a standardized industrial process through which battery cores are returned to same-as-new, or better, condition and performance, which process is in line with specific technical specifications specifications, including engineering, quality, and testing standards.

(s)“Repair” means the process of fixing or replacing components of a vehicle traction battery to restore the vehicle traction battery to operational condition.

(t)“Repurposing” means 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.

(u)“Responsible end-of-life management” means ensuring a vehicle traction battery that is 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.

(v)“Reuse” means the use of a propulsion battery in another vehicle that does not require modification to the battery.

(w)“Secondary handler” means 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.

(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.

(z)“State of health” or “battery state of health” 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.

(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.

(ab)

(k) “Vehicle manufacturer” has the same definition meaning as in Section 672 of the Vehicle Code.

(ac)

(l) “Vehicle traction battery” means an advanced battery technology used as a traction battery to propel a motor vehicle vehicle, including a plug-in hybrid electric 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. 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. 25215.1.

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:

(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.

(ii)A vehicle traction battery for which notification has been given pursuant to Section 42451.2.

(B)Subparagraph (A) does not apply to 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 or remanufacturer, unless the secondary user or remanufacturer is in a contractual relationship with the original battery supplier pursuant to subdivision (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.

(3)Adhere to the battery management hierarchy for a vehicle traction battery in its possession.

(4)Report information to the department pursuant to subdivision (b) of Section 42451.4.

(5)Fully fund the cost of collection of a vehicle traction battery for which the battery supplier is required to ensure responsible end-of-life management pursuant to paragraph (1).

(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 to the department pursuant to subdivision (a) of Section 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 (e), ensure the responsible end-of-life management of the vehicle traction battery or return the vehicle traction battery to a battery supplier pursuant to the notice process in Section 42451.2

(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 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 remanufacturer may return the vehicle traction battery to the original battery supplier if the 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 remanufacturer shall rebrand and label the vehicle traction battery 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.

(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).

42451.5.44480.1.

 (a) A Commencing July 1, 2028, a new 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: sold in the state shall be equipped by its battery supplier with a permanent label. The label shall include only the following information:

(1) The name of the battery supplier for the vehicle traction battery.

(2) The date of manufacture for the vehicle traction battery.

(1)

(3) An identification of the chemistry of the propulsion vehicle traction battery, including the cathode type and anode type, such as in accordance with standards developed by SAE International. SAE International standard SAE J2984, “Chemical Identification of Transportation Batteries for Recycling.”

(2)

(4) The rated capacity or energy as measured by the SAE International standard, standard SAE J2288, “Life cycle testing of electric vehicle battery modules.” “Life Cycle Testing of Electric Vehicle Battery Modules.”

(3)

(5) The hazardous substances contained in the propulsion vehicle traction battery.

(4)

(6) Product safety and recall information.

(5)

(7) 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 paragraphs (3) to (7), inclusive, of subdivision (a), a battery supplier may apply a quick response (QR) code to the propulsion battery pack 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.

(d) A remanufacturer shall rebrand and relabel the vehicle traction battery with the remanufacturer’s brand. 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 QR code to reflect the new composition.

42451.6.44480.2.

 (a) The department, board, 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 part with an effective date no later than July 1, 2029. 2031. This subdivision does not preclude the board from adopting additional or differing battery labeling requirements for battery suppliers.

(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 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.

(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.

(b) The board shall determine the most cost-effective means to accept electronic submissions from battery suppliers and remanufacturers that are required to submit information pursuant to this part. For submissions due before the most cost-effective means is accessible, the battery supplier or remanufacturer shall provide submissions to the board electronically in a form and manner provided by the board.

(d)

(c) If the federal government creates a battery labeling requirement, the department board shall review, evaluate, and compare the federal requirements to those established under this article. part. It shall, if necessary, revise the regulations pursuant to Section 42451.6 this section to ensure consistency and achieve greater efficiency and feasibility.

42451.7.

(a)No later than 30 days after the effective date of the regulations adopted pursuant to subdivision (a) of Section 42451.6, each battery supplier shall do both of the following:

(1)Provide to the department, in a form and manner established by the department in regulation,

44480.3.

 (a) No later than 90 days after the chaptering of the act adding this part, each battery supplier and remanufacturer shall register with the board by providing the board with the battery supplier’s or remanufacturer’s contact information, including their the battery supplier’s or remanufacturer’s 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 or remanufacturer 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) (1) A battery supplier or remanufacturer shall update its registry and the list described in subdivision (a) and provide the updated list to the department board on or before January 15 July 1 of each year, and upon request of the department. board.

(c)(1)A battery supplier may not sell, offer for sale, import, or distribute a vehicle traction battery in the state unless 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)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.

(2) All notifications shall be submitted to the board in the form and manner established pursuant to Section 44480.2.

(3) If a battery supplier or remanufacturer is already registered with the board and has provided the information in subdivision (a), the entity shall be deemed to have met the requirements of subdivision (a).

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 Section 42451.6 which includes full personnel costs, as related to implementing and enforcing this article. This shall include the costs associated with regulations development and other startup activities.

(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.

44480.4.

 (a) Beginning July 1, 2029, and annually thereafter, battery suppliers shall pay to the board a fee covering the board’s full personnel, administrative, regulatory, and loan and interest costs related to implementing and enforcing this part.

(b) The board shall create a tiered fee schedule for fees owed pursuant to subdivision (a) that shall generate fee revenue sufficient to cover the board’s full personnel, administrative, regulatory, and loan and interest costs related to implementing and enforcing this part. Subject to subdivision (d), the board may update the tiered fee schedule at any time but shall evaluate annually whether an update is necessary to ensure the fees are sufficient to cover the board’s full personnel, administrative, regulatory, and loan and interest costs as related to implementing and enforcing this part.

(c) In creating the tiered fee schedule, the board shall use the battery supplier’s share of total vehicle registrations with vehicle traction batteries in the state 10 years prior to the date on which the tiered fee schedule is created, as determined by state registration data, except that vehicle registrations shall not include test vehicles that do not enter commerce.

(d) The board shall adopt the tiered fee schedule and any changes to the tiered fee schedule through a public process that allows for public comment on the proposed tiered fee schedule or changes to the tiered fee schedule. Establishment of and updates to the tiered fee schedule required by this section shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and shall remain in effect until updated by the board.

(d)

(e) (1) The department board 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 part, and to reimburse any standing loans and interest made from other funds used to finance the regulatory administration, regulation, and startup costs of the department’s board’s activities pursuant to this article. part.

(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 board’s activities pursuant to this article. part.

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 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 administrative penalties pursuant to Section 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.

42451.10.

A person who is not otherwise described in this article but is in possession of a vehicle traction battery that has been removed from a vehicle is responsible for ensuring the responsible end of life management of the vehicle traction battery by working with a secondary handler, battery supplier, secondary user, or battery recycler.

42451.11.

(a)The department shall, on or before January 1, 2030, and every five years thereafter, conduct a survey with entities registered pursuant to Section 42451.7, solid waste facilities, and household hazardous waste facilities to request feedback on the functioning of the program and to understand their experience, any knowledge of orphaned batteries, and any recommended program improvements. Based on the findings of the survey, the department shall assess the effectiveness of the responsibility framework outlined in Section 42451.1 to collect unwanted vehicle batteries. The department shall include a summary of the survey findings and the department’s assessment with the aggregated nonproprietary data posted annually on the department’s public internet website.

(b)The department may include recommendations in the report required pursuant to subdivision (a) to improve the program established in this article.

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.

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)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.

(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.

(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.

(e)For purposes of this section, “noncompliance” means a violation that is severe or willful in nature.

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.

44480.5.

 The board’s duties to implement or enforce any requirement of this part are contingent upon an appropriation by the Legislature for purposes of implementing and enforcing this part.

SEC. 4.

The Legislature finds and declares that Section 3 of this act, which adds Section 42451.6 to the Public Resources Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In 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.

SEC. 5.

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.