Legislative record

Responsible Battery Recycling Act of 2022: covered batteries.

Existing law, the Responsible Battery Recycling Act of 2022, establishes a stewardship program, administered by the Department of Resources Recycling and Recovery, with the Department of Toxic Substances Control, as provided, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. The act defines a "covered battery" to mean a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. Existing law defines a "covered battery" to include a loose battery that is designed to be easily removed from a product by the user of the product with no more than common household tools. Existing law excludes from the definition of a covered battery a primary battery weighing over 2 kilograms. Existing law defines a "primary battery" for this purpose to mean a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. Existing law also excludes from the definition of a covered battery a rechargeable battery weighing over 5 kilograms and having a watthour rating of more than 300 watthours. This bill would revise the description of a loose battery, for purposes of the definition of a covered battery, by providing that a key, application, or other locking device provided to the consumer by the producer of the product or battery that is warranted by the producer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumer's ability to remove, replace, or recycle the battery would not prevent a battery from being considered designed to be easily removed from a product by the user of the product with no more than common household tools. The bill would remove the exclusions from the definition of a covered battery for a primary battery and a rechargeable battery, described above. The bill would categorize all covered batteries as either a small format battery or a medium format battery. The bill would define a "small format battery" to include a rechargeable battery weighing no more than 11 pounds with a rating of no more than 300 watthours and a nonrechargeable battery weighing no more than 4.4 pounds. The bill would define a "medium format battery" to include a rechargeable battery that weighs more than 11 pounds or that has a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating more than 2,000 watthours, and a nonrechargeable battery weighing more than 4.4 pounds but fewer than 25 pounds. The act requires a producer of covered batteries, individually or through a stewardship organization, to develop and implement a stewardship plan for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state. The act requires the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for covered batteries in each county, as provided. This bill would instead require the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for small format batteries and medium format batteries, as specified. The act requires a stewardship plan to include, among other things, consultation with the California Environmental Protection Agency's Environmental Justice Task Force and coordination with certain entities, including, but not limited to, other program operators, as provided. This bill would require a stewardship plan to include consultation with the department's Office of Environmental Justice, Tribal Relations, Education and Outreach instead of the Environmental Justice Task Force. The bill would require the stewardship to additionally include coordination with California Native American Tribes. The bill would require a stewardship plan to demonstrate that the stewardship organization has adequate financial responsibility and financial controls in place to ensure proper management of funds. The act requires the program operator to retain an independent public accountant to annually audit the accounting books for the program operator. This bill would require the annual audit to be prepared in accordance with the Financial Accounting Standards Board's accounting standards codification. The bill would require a program operator to annually demonstrate achievement of minimum recycling rates for rechargeable, nonrechargeable, and primary batteries. This bill would authorize the Department of Toxic Substances Control and certain local officers and agencies to enter and inspect any collection site, establishment, or any other place or environment, where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources, as a result of the requirements of the act, as specified. The bill would, to ensure compliance with the act, authorize the department to inspect and investigate producers, program operators, stewardship organizations, manufacturers, distributors, retailers, importers, recyclers, and collection sites. The act requires records required by the act to be maintained and accessible to the department for 3 years. The act requires all reports and records provided to the department to be provided under penalty of perjury. This bill would require records required by the act to be maintained and accessible to the department for 5 years. By expanding the document retention period and by expanding the scope of the act, the bill would expand the scope of the crime of perjury, thereby imposing a state-mandated local program. 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.