AB 2440 — Responsible Battery Recycling Act of 2022.

Summary

The Rechargeable Battery Recycling Act of 2006 requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. The Cell Phone Recycling Act of 2004 prohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a take-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. This bill would make the Rechargeable Battery Recycling Act of 2006 inoperative as of September 30, 2026, and would repeal that act as of January 1, 2027, and would make the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2027, and would repeal that act as of January 1, 2028. This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries, as defined. The bill would require a program operator, as defined, to develop, and to submit to the Department of Resources Recycling and Recovery (department) and the Department of Toxic Substances Control for review and for approval by the department, as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries. The bill would require the department, in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the act with an effective date of no earlier than April 1, 2025. The bill would require a program operator to have a complete stewardship plan approved by the department no later than 24 months after the effective date of the regulations adopted by the department in order for the program operator to be in compliance with the act. This bill would require a program operator to be audited annually, and submit a report and budget to the department, as prescribed, and would require a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site to, among other things, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with the act. The bill would require reports and records provided to the department to be provided under penalty of perjury, thereby creating a state-mandated local program by expanding the crime of perjury. The bill would restrict public access to certain information collected for the purpose of administering a stewardship program. The bill would preempt all rules, regulations, codes, ordinances, or other laws adopted by a city, county, city and county, municipality, or a local agency on or after January 1, 2023, regarding stewardship programs for covered batteries. This bill would require the department, within 24 months of the effective date of the regulations to implement these provisions, and each year thereafter, to post on its internet website a list of producers that are in compliance with the act, including the reported brands of covered batteries of each producer. The bill would require the department to remove from the list any producer, including its brands and covered batteries, that is not in compliance with the act. The bill would prohibit, on and after the date that a stewardship plan is approved by the department, a retailer or distributor from selling, distributing, offering for sale, or importing a covered battery in or into the state unless the producer of the covered battery is listed on that list as in compliance on the act, except as specified. The bill would require the department to relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with the act. This bill would require a program operator to reimburse the department and the Department of Toxic Substances Control for their respective actual and reasonable regulatory costs that are directly related to implementing and enforcing the act in relation to the program operator's activities. The bill would require the department and the Department of Toxic Substances Control to deposit those moneys into the Covered Battery Recycling Fund, which the bill would establish, and would authorize the department and the Department of Toxic Substances Control to expend those moneys, upon appropriation by the Legislature, to implement and enforce the act. This bill would provide for enforcement of the act, including authorizing the department to impose an administrative civil penalty on a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site in violation of the act not to exceed $10,000 per day, unless the violation is intentional, knowing, or reckless, then in that case not to exceed $50,000 per day. The bill would require the department to deposit those moneys into the Covered Battery Recycling Penalty Account, which the bill would establish in the fund, and would make those moneys available for expenditure upon appropriation by the Legislature. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.

Bill Text

• Chaptered 09/16/22 - Chaptered Current pdf September 16, 2022
• Enrolled 09/02/22 - Enrolled pdf September 02, 2022
• Amended 08/25/22 - Amended Senate pdf August 25, 2022
• Amended 08/11/22 - Amended Assembly pdf August 11, 2022
• Amended 06/08/22 - Amended Senate pdf June 08, 2022
• Amended 06/06/22 - Amended Senate pdf June 06, 2022
• Amended 04/27/22 - Amended Assembly pdf April 27, 2022
• Amended 03/28/22 - Amended Assembly pdf March 28, 2022
• Introduced 02/17/22 - Introduced pdf February 17, 2022
• AB2440 View text html

Action History

1. September 16, 2022

   Chaptered by Secretary of State - Chapter 351, Statutes of 2022.

2. September 16, 2022

   Approved by the Governor.

3. September 13, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 31, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 10.).

5. August 30, 2022

   Measure version as amended on August 25 corrected.

6. August 29, 2022

   In Assembly. Concurrence in Senate amendments pending.

7. August 29, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 5212.).

8. August 25, 2022

   Read third time and amended. Ordered to third reading.

9. August 15, 2022

   Read second time. Ordered to third reading.

10. August 11, 2022

    Read second time and amended. Ordered returned to second reading.

11. August 11, 2022

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

12. August 02, 2022

    In committee: Referred to suspense file.

13. June 29, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28). Re-referred to Com. on APPR.

14. June 27, 2022

    Re-referred to Com. on JUD.

15. June 27, 2022

    Withdrawn from committee.

16. June 22, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on APPR.

17. June 08, 2022

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

18. June 06, 2022

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

19. June 01, 2022

    Referred to Coms. on E.Q. and JUD.

20. May 24, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

21. May 23, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 7. Page 4850.)

22. May 19, 2022

    Read second time. Ordered to third reading.

23. May 19, 2022

    From committee: Do pass. (Ayes 12. Noes 4.) (May 19).

24. May 11, 2022

    In committee: Set, first hearing. Referred to suspense file.

25. April 28, 2022

    Re-referred to Com. on APPR.

26. April 27, 2022

    Read second time and amended.

27. April 26, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 25).

28. April 06, 2022

    From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 7. Noes 1.) (April 5). Re-referred to Com. on NAT. RES.

29. March 29, 2022

    Re-referred to Com. on E.S. & T.M.

30. March 28, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

31. March 03, 2022

    Referred to Coms. on E.S. & T.M. and NAT. RES.

32. February 18, 2022

    From printer. May be heard in committee March 20.

33. February 17, 2022

    Read first time. To print.

Sponsors

• Jacqui Irwin · Primary
• Newman · Cosponsor
• Alex Lee · Cosponsor
• Mullin · Cosponsor
• Cottie Petrie-Norris · Cosponsor
• Ting · Cosponsor
• Buffy Wicks · Cosponsor
• Bob Archuleta · Cosponsor
• Josh Becker · Cosponsor
• Eggman · Cosponsor
• Wieckowski · Cosponsor
• Scott D. Wiener · Cosponsor
• Mark Stone · Cosponsor

Votes

Subjects