Bill Text: NJ A4464 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires DEP to establish licensing program for persons engaged in dismantling of electric batteries for disposal or recycling purposes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-09-15 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4464 Detail]
Download: New_Jersey-2022-A4464-Introduced.html
Sponsored by:
Assemblywoman MARILYN PIPERNO
District 11 (Monmouth)
Assemblywoman KIM EULNER
District 11 (Monmouth)
SYNOPSIS
Requires DEP to establish licensing program for persons engaged in dismantling of electric batteries for disposal or recycling purposes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the dismantling of electric vehicle batteries for disposal or recycling purposes, and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Department" means the Department of Environmental Protection.
"Electric vehicle battery" means a battery that is used to power an electric vehicle.
"Electric vehicle battery dismantling services" means the taking apart of an electric vehicle battery, the separation of the battery's component parts, and the proper handling and disposal or recycling of the separated component battery parts, which activities are done in accordance with all applicable laws.
"Hazardous substance" means any substance recognized by the department, or by the United States Environmental Protection Agency, as constituting a hazardous substance, including, but not limited to, a heavy metal such as lead, cadmium, or mercury.
"Leak" means the release of a hazardous substance from a battery, either during or after the dismantling process.
"Person" means an individual, partnership, company, corporation, consortium, joint venture, commercial or other legal entity, the State of New Jersey, or the United States Government.
2. a. Within 12 months after the effective date of this act, the Department of Environmental Protection shall establish a program for the licensure of persons who provide electric vehicle battery dismantling services in the State. The licensure program shall require any person engaged in electric vehicle battery dismantling services to have training and education in at least the following subject areas:
(1) health and safety issues associated with the dismantling of electric vehicle batteries, including, but not limited to, the types of, and dangers associated with, hazardous substances commonly found in electric vehicle batteries;
(2) standards, methods, and procedures for the safe handling and disassembling of electric vehicle batteries, including methods to prevent fires, leaks, and electrical risks associated therewith;
(3) proper methods to be used in the disposal or recycling of component battery parts;
(4) the laws, rules, and regulations relevant to the dismantling of electric vehicle batteries, including, but not limited to, State and federal hazardous substances laws, rules, and regulations; and
(5) any other subject area the department deems relevant.
b. The department may:
(1) beginning 10 years after the effective date of this act, charge an annual fee for any persons licensed pursuant to subsection a. of this section;
(2) require the successful completion of a course of continuing education or training for licensed individuals at least once every two years;
(3) conduct examinations to determine whether an applicant has sufficient knowledge of the State and federal laws, rules, and regulations, and any standards or requirements, applicable to the dismantling of electric vehicle batteries;
(4) maintain a list of the names and addresses of all persons licensed pursuant to this act and make the list available online; and
(5) adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to provide for the enforcement of, and to require compliance with, the licensure program established pursuant to subsection a. of this section, which rules and regulations shall include, at a minimum, provisions providing for the suspension or revocation of an existing license, the denial of an application for a new or renewed license, the imposition of penalties on persons who violate the licensure program or any provision of a license issued thereunder, and the inspection of facilities where electric vehicle battery dismantling services are provided, in order to determine compliance with this act.
c. The department may grant a license to an applicant who demonstrates that the applicant has successfully completed an accredited program in electric vehicle dismantling or electric vehicle battery dismantling, which program is accredited by a nationally recognized accreditation organization and is deemed, by the department, to provide training that is equal to or greater than the level of training and education required pursuant to subsection a. of this section. Any person licensed pursuant to this subsection shall still be required to:
(1) pay the appropriate annual fee charged by the department, pursuant to paragraph (1) of subsection b. of this section;
(2) successfully complete any course of continuing education or training required pursuant to paragraph (2) of subsection b. of this section; and
(3) comply with any rules or regulations adopted pursuant to paragraph (5) of subsection b. of this section.
d. Commencing on the first day of the sixth month next following the adoption of the rules and regulations required by paragraph (5) of subsection b. of this section, any person who dismantles an electric vehicle battery in the State shall be licensed by the department pursuant to subsection a. of section, and no person shall dismantle an electric vehicle battery or present himself to the public as an expert in, or as being qualified to perform, electric vehicle battery dismantling services, unless the person is so licensed.
3. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection to establish a licensure system for persons who engage in the dismantling of electric vehicle batteries in the State. The licensure program would require that any person engaged in electric vehicle battery dismantling services have training and education in at least the following subject areas: health and safety issues associated with the electric vehicle battery dismantling; standards, methods, and procedures for the safe handling and disassembling of electric vehicle batteries, including methods to prevent fires, leaks, and electrical risks associated therewith; proper methods to be used in the disposal or recycling of component battery parts; (4) the laws, rules, and regulations relevant to the dismantling of electric vehicle batteries, including, but not limited to, State and federal hazardous substances laws, rules, and regulations; and (5) any other subject area the department deems relevant.
The department would be authorized, to charge an annual fee for a license beginning 10 years after the effective date of the bill; require a licensee to successfully complete a course of continuing education or training at least once every two years; conduct examinations to determine whether an applicant has sufficient knowledge of the State and federal laws, rules, and regulations, and any standards or requirements, applicable to the dismantling of electric vehicle batteries; maintain a list of the names and addresses of all licensed persons and make the list available online; and adopt rules and regulations to provide for the enforcement of, and to require compliance with, the licensure program. The rules and regulations are to include, at a minimum, provisions providing for the suspension or revocation of an existing license, the denial of an application for a new or renewed license, the imposition of penalties on persons who violate the licensure program or any provision of a license issued thereunder, and the inspection of facilities where electric vehicle battery dismantling services are provided, in order to determine compliance with this act.
The department would be authorized to grant a license to any applicant who demonstrates that the applicant has successfully completed an accredited program in electric vehicle dismantling or electric vehicle battery dismantling, which program is accredited by a nationally recognized accreditation organization and is deemed, by the department, to provide training that is equal to or greater than the level of training and education required pursuant to subsection a. of this section. Any such person would still be required to pay the appropriate annual licensure fee charged by the department, successfully complete any course of continuing education or training, and comply with the department's rules and regulations.
The bill would provide that, commencing on the first day of the sixth month next following the department's adoption of the rules and regulations, pursuant to the bill, any person who dismantles an electric vehicle battery in the State will be required to be licensed, and no person may dismantle an electric vehicle battery or present himself to the public as an expert in, or as being qualified to perform, electric vehicle battery dismantling services, unless the person is so licensed.
