Bill Text: VA HB1155 | 2024 | Regular Session | Prefiled
Bill Title: Electric vehicle battery suppliers; certification, penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Left in Agriculture, Chesapeake and Natural Resources [HB1155 Detail]
Download: Virginia-2024-HB1155-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 3.2-102.1 and by adding in Title 59.1 a chapter numbered 57, consisting of sections numbered 59.1-603, 59.1-604, and 59.1-605, as follows:
§3.2-102.1. Electric vehicle battery suppliers; certification required.
A. For purposes of this section, "supplier" means a seller, lessor, licensor, or professional who advertises, solicits, or engages in consumer transactions of electric vehicle batteries or a manufacturer, distributor, or licensor who advertises and sells, leases, or licenses electric vehicle batteries to be resold, leased, or sublicensed by other persons in consumer transactions. As used in this section, "consumer transaction" means the same as that term is defined in §59.1-198, except that "consumer transaction" also means the advertisement, sale, lease, license, or offering for sale, lease, or license of electric vehicle batteries to be used for business or commercial purposes.
B. No later than July 1, 2025, and annually thereafter, each supplier of electric vehicle batteries operating in the Commonwealth shall certify under penalty of perjury to the Commissioner that no electric vehicle batteries sold by such supplier in consumer transactions are manufactured in or sourced from African cobalt mines and that the manufacture or sourcing of such electric vehicle batteries involves no child or slave labor. An electric vehicle battery supplier may be required to submit other information as the Commissioner deems necessary for the issuance of a certificate of compliance.
C. The Commissioner shall develop regulations regarding the issuance of a certificate of compliance for electric vehicle battery suppliers operating in the Commonwealth pursuant to the requirements of this section.
§59.1-603. Definitions.
As used in this chapter:
"Commissioner" means the Commissioner of Agriculture and Consumer Services.
"Consumer transaction" means the same as that term is defined in §59.1-198, except that "consumer transaction" also means the advertisement, sale, lease, license, or offering for sale, lease, or license of electric vehicle batteries to be used for business or commercial purposes.
"Supplier" means a seller, lessor, licensor, or professional who advertises, solicits, or engages in consumer transactions of electric vehicle batteries or a manufacturer, distributor, or licensor who advertises and sells, leases, or licenses electric vehicle batteries to be resold, leased, or sublicensed by other persons in consumer transactions. As used in this section,
§59.1-604. Certification required.
It is unlawful for any supplier to sell, lease, or license, or to offer to sell, lease, or license any electric vehicle battery as part of a consumer transaction in the Commonwealth without first obtaining a valid and current certificate of compliance from the Commissioner pursuant to § 3.2-102.1.
§59.1-605. Enforcement; penalties.
Any violation of this chapter shall constitute a prohibited practice under the provisions of §59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§59.1-196 et seq.).
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1 of the Acts of Assembly of 2023, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
