Bill Text: NJ A4922 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires manufacturers of electric vehicles to label electric vehicle batteries; establishes electric vehicle battery tracking database; establishes guidelines for safe disassembly of electric vehicle batteries.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-12-05 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4922 Detail]
Download: New_Jersey-2022-A4922-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
Requires manufacturers of electric vehicles to label electric vehicle batteries; establishes electric vehicle battery tracking database; establishes guidelines for safe disassembly of electric vehicle batteries.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the labeling and tracking of electric vehicle batteries and supplementing Title 13 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:
"Cathode" means the energy source of the electric vehicle battery.
"Cathode chemistry" means the active material, or combination of active materials, that are used in the cathode of an electric vehicle battery.
"Department" means the Department of Environmental Protection.
"Electric vehicle" means a vehicle that derives all or part of its power from electricity supplied by the electric grid, and that has a battery or equivalent energy storage device that can be charged from an electricity supply external to the vehicle with an electric plug. "Electric vehicle" includes a plug-in hybrid vehicle.
"Electric vehicle battery" or "battery" means a rechargeable battery that is used to power the electric motor of an electric vehicle. "Electric vehicle battery" includes, but is not limited to, lithium-ion batteries, nickel-metal hydride batteries, and lead-acid batteries.
"Electric vehicle battery label" or "label" means the label required to be affixed to the electric vehicle battery of an electric vehicle pursuant to section 3 of this act.
"Manufacturer" means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that produces electric vehicles for sale to retailers or consumers.
2. a. No later than one year after the effective date of this act, the Department of Environmental Protection shall develop standards for the form and content of a label to be affixed to the battery of an electric vehicle by an electric vehicle manufacturer. The purpose of these standards is to ensure that the labels, developed by electric vehicle manufacturers pursuant to section 3 of this act, contain all of the information required pursuant to this section, are legible, and are affixed properly to the battery of an electric vehicle.
b. The standards shall include, at a minimum:
(1) specific information required to be included on the electric vehicle battery label, such as:
(a) the company name of the electric vehicle;
(b) the battery manufacturer;
(c) the date of the battery's manufacture;
(d) the identification of the battery's cathode chemistry;
(e) the battery voltage performance and battery capacity;
(f) the battery composition and processing information; and
(g) a quick response (QR) code that can be scanned to provide access to the electric vehicle battery tracking database established pursuant to section 5 of this act;
(2) label placement information concerning where to affix the label on an electric vehicle battery, specifically requiring the label to be affixed to the exterior of the electric vehicle battery in such a manner that the label is visible and accessible when the battery is removed from the vehicle;
(3) label placement information that is specific to electric vehicle batteries that are designed to separate into different parts, including a requirement that the label be affixed to the exterior of each part of the electric vehicle battery;
(4) label formatting information; and
(5) any other information the department deems necessary.
c. To the maximum extent practicable, the department shall consider the electric vehicle battery labeling requirements of other states when creating the electric vehicle battery labeling standards required pursuant to this section. The department shall develop standards that are as consistent with those of other states as possible.
3. a. No later than 18 months after the effective date of this act, an electric vehicle manufacturer shall develop a label, in compliance with the standards established by the department pursuant to section 2 of this act, to affix to the batteries of the electric vehicles that the manufacturer produces, in a manner consistent with the standards established by the department pursuant to section 2 of this act.
b. A manufacturer shall submit a sample of the electric vehicle battery label and the location on the battery to which it is to be affixed to the department for approval. The department shall approve the label upon determining that the label meets the standards developed pursuant to section 2 of this act. If the department determines that the contents, format, or location of the label does not comply with the standards, the department may require that the label or its location be modified accordingly. Upon request, the department may approve an alternate label location adjacent to the battery if the application of the label to the battery will render the label illegible.
c. The department shall determine a process for the submission, review, and approval of electric vehicle battery labels pursuant to this section.
4. a. Beginning two years after the effective date of this act, no electric vehicle manufacturer shall sell an electric vehicle unless the electric vehicle contains an electric vehicle battery that is affixed with the label required pursuant to section 3 of this act that is consistent with the standards established by the department pursuant to section 2 of this act.
b. A manufacturer who violates the provisions of this section shall be subject to a civil penalty of $1,000 for a first offense and $3,000 for a second offense. Third and subsequent violations shall be subject to a civil penalty of not more than $5,000 for each offense. Each violation shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense. The department may institute an action or proceeding in the Superior Court for injunctive and other relief for any violation of this act or of any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner. Such relief may include prohibiting the person from selling or offering for sale electric vehicles in the State.
c. A civil penalty imposed pursuant to this section shall be collected in a summary manner under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). All monies collected by the department may be retained by the department for the costs of administering and enforcing the provisions of this act.
5. a. No later than 18 months after the effective date of this act, the department shall establish and maintain a database to track electric vehicle batteries throughout the State. The purpose of the electric vehicle battery tracking database shall be to provide information on the quantity of electric vehicle batteries within the State, battery-specific information to the owners of electric vehicles, and educational materials on the safe disassembly, recycling, repurposing, and disposal of electric vehicle batteries.
b. The database shall be accessible by the quick response (QR) code on the label required to be affixed to an electric vehicle battery pursuant to section 3 of this act.
c. The database shall include, at a minimum:
(1) all of the information required to be included on the electric vehicle battery label pursuant to the standards established by the department pursuant to section 2 of this act;
(2) any disclosure of hazardous materials or heavy metals present in the electric vehicle battery;
(3) any product safety information or recall information, as applicable;
(4) instructions for the safe disassembly of an electric vehicle battery from an electric vehicle;
(5) contact information of the original equipment manufacturer to request the safe disposal of the battery; and
(6) information concerning electric vehicle battery recycling, reuse, repurposing, and disposal options.
d. The department shall review the information in the database and submit a report annually to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the effectiveness of the database in tracking electric vehicle batteries throughout the State, providing battery-specific information to the owners of electric vehicles, and educating owners of electric vehicles, employees of motor vehicle repair shops, and electric vehicle manufacturers on how to safely dissemble, recycle, repurpose, and properly dispose of electric vehicle batteries.
6. a. No later than one year after the effective date of this act, the department shall establish guidelines for the safe disassembly of electric vehicle batteries from electric vehicles and for the recycling, reuse, repurposing, and proper disposal of electric vehicle batteries within the State. The guidelines shall include, at a minimum:
(1) informational resources, training, and safety measures for the safe disassembly of an electric vehicle battery from an electric vehicle; and
(2) information about recycling, reuse, repurposing, and disposal options for electric vehicle batteries within the State.
b. The guidelines shall serve as an educational guide for any person who may be in the position to disassemble an electric vehicle, but shall also be accessible to any person in the State.
c. The guidelines established pursuant to this section shall be published on the department's Internet website and updated annually.
7. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules or regulations necessary to implement the provisions of this act.
8. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection (DEP), no later than one year after the bill's effective date, to develop standards for the form and content of a label to be affixed to the battery of an electric vehicle by an electric vehicle manufacturer. The purpose of these standards is to ensure that the labels, developed by electric vehicle manufacturers pursuant to the bill, contain all of the information required by the DEP, are legible, and are affixed properly to the battery of an electric vehicle. The standards would be required to include, at a minimum:
(1) specific information required to be included on the electric vehicle battery label, such as:
(a) the company name of the electric vehicle;
(b) the battery manufacturer;
(c) the date of the battery's manufacture;
(d) the identification of the battery's cathode chemistry;
(e) the battery voltage performance and battery capacity;
(f) the battery composition and processing information; and
(g) a quick response (QR) code that can be scanned to provide access to the electric vehicle battery tracking database established pursuant to section 5 of the bill;
(2) label placement information concerning where to affix the label on an electric vehicle battery, specifically requiring the label to be affixed to the exterior of the electric vehicle battery in such a manner that the label is visible and accessible when the battery is removed from the vehicle;
(3) label placement information that is specific to electric vehicle batteries that are designed to separate into different parts, including a requirement that the label be affixed to the exterior of each part of the electric vehicle battery;
(4) label formatting information; and
(5) any other information the department deems necessary.
The bill would also require manufacturers of electric vehicles, no later than 18 months after the bill's effective date, to develop a label, in compliance with the standards established by the department pursuant to the bill, to affix to the batteries of the electric vehicles that the manufacturer produces. A manufacturer would be required to submit a sample of the electric vehicle battery label to the DEP for approval. The DEP would be required to approve the label upon a determination that the label meets the DEP's standards. If the DEP determines that the format or location of the label does not comply with the standards, the DEP may require that the label or its location be modified accordingly. Upon request, the DEP may approve an alternate label location adjacent to the battery if the application of the label to the battery will render the label illegible. The DEP would also be required to determine a process for the submission, review, and approval of electric vehicle battery labels.
Beginning two years after the bill's effective date, electric vehicle manufacturers would be prohibited from selling an electric vehicle unless the electric vehicle contains an electric vehicle battery that is affixed with the label required by the bill that is consistent with the standards set by the DEP. A manufacturer who violates the bill's provisions would be subject to a civil penalty of $1,000 for a first offense and $3,000 for a second offense. Third and subsequent violations would be subject to a civil penalty of not more than $5,000 for each offense. Each violation would constitute a separate offense, and each day that such violation continues shall constitute a separate offense.
The DEP, no later than 18 months after the bill's effective date, would be required to establish and maintain a database to track electric vehicle batteries throughout the State. The purpose of the electric vehicle battery tracking database would be to provide information on the quantity of electric vehicle batteries within the State, battery-specific information to the owners of electric vehicles, and educational material on the safe disassembly, recycling, repurposing, and disposal of electric vehicle batteries. The database would be accessible by the QR code on the electric vehicle battery labels established pursuant to this bill. The database would be required to include, at a minimum:
(1) all of the information required to be included on the electric vehicle battery label pursuant to the standards set by the department pursuant to section 2 of the bill;
(2) any disclosure of hazardous materials or heavy metals present in the electric vehicle battery;
(3) any product safety information or recall information, as applicable;
(4) instructions for the safe disassembly of an electric vehicle battery from an electric vehicle;
(5) contact information of the original equipment manufacturer to request the safe disposal of the battery; and
(6) information concerning electric vehicle battery recycling, reuse, repurposing, and disposal options.
The DEP would be required to review the information in the database and submit a report annually to the Governor and the Legislature on the effectiveness of the database in tracking electric vehicle batteries throughout the State, providing battery-specific information to the owners of electric vehicles, and educating the owners of electric vehicles, employees of motor vehicle repair shops, and electric vehicle manufacturers on how to safely dissemble, recycle, repurpose, and properly dispose of electric vehicle batteries.
Lastly, the bill would require the DEP, no later than one year after the bill's effective date, to establish guidelines for the safe disassembly of electric vehicle batteries from electric vehicles and for the recycling, reuse, repurposing, and proper disposal of electric vehicle batteries within the State. The guidelines would serve as an educational guide for any person who may be in the position to disassemble an electric vehicle, but would also be accessible to any person in the State. The DEP would be required to publish the guidelines on the department's Internet website and update the guidelines annually. The guidelines would be required to include, at a minimum: (1) informational resources, training, and safety measures for the safe disassembly of an electric vehicle battery from an electric vehicle; and (2) information about recycling, reuse, repurposing, and disposal options for electric vehicle batteries within the State.
Millions of electric vehicles have been sold in the United States during recent years. This recent increase in electric vehicle use, while positive for the fight against climate change, has presented new environmental challenges, such as where and how to properly dispose of used electric vehicle batteries, how to reuse or repurpose used electric vehicle batteries in a cost-effective way, and how to properly disassemble an electric vehicle battery from an electric vehicle.
This bill would require important information about an electric vehicle battery to be labeled on the battery and also linked to an electric vehicle battery tracking database. The database would also provide educational resources concerning battery disassembly from an electric vehicle and battery recycling, reuse, repurposing, and disposal options.
Lithium-ion electric vehicle batteries, which are the most commonly used electric vehicle batteries today, contain toxic chemicals that should not be placed into landfills, since they could be hazardous, cause pollution, contaminate nearby soil and water, and potentially explode if mishandled. Many used electric vehicle batteries also still retain up to 70 percent of their battery capacity when they are no longer able to power a vehicle effectively. For this reason, it is cost-effective for these used electric vehicle batteries to be reused for alternate purposes, such as home energy storage, power for streetlights, power to back-up elevators, and solar energy storage, until they are fully expired of their battery life prior to recycling or disposal.
According to the California Air Resources Board, electric vehicle battery labeling will also help to enable the efficient sorting of batteries, improve the economic efficiency of material recovery, enable the reuse of used batteries for second-life applications, and prevent improper battery disposal or exposure to hazards.
