California 2015-2016 Regular Session Status: Enacted 1 D cosponsors

AB 2153 — The Lead-Acid Battery Recycling Act of 2016.

Last action — Chaptered by Secretary of State - Chapter 666, Statutes of 2016.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2016. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Existing law prohibits a person from disposing, or attempting to dispose, of a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters, but authorizes a person to dispose of a lead-acid battery at certain locations. Existing law requires a dealer to accept, when offered at the point of transfer, a lead-acid battery from a consumer in exchange for the new lead-acid battery purchased by that consumer from the dealer. A violation of these provisions is a misdemeanor. This bill, the Lead-Acid Battery Recycling Act of 2016, would, as of January 1, 2017, revise these provisions to require a dealer to accept, at the point of transfer, specified types of used lead-acid batteries and would prohibit the dealer from charging any fee to accept these used lead-acid batteries. The bill, on and after April 1, 2017, would require a dealer to collect a refundable deposit for each new lead-acid battery of these types from a person who purchases the battery and who does not simultaneously provide a used lead-acid battery of the same size and type, and would require the dealer to refund the deposit to the person if, within 45 days of the sale of that lead-acid battery, the person presents a used lead-acid battery of the same type and size. The bill would require a dealer to post a specified notice or include specified information on the purchaser's receipt for one of these lead-acid batteries with regard to these provisions. The bill would allow the dealer to keep any lead-acid battery refundable deposit that is not properly claimed within 45 days after the date of sale of the new lead-acid battery. This bill, on and after April 1, 2017, until March 31, 2022, would require a California battery fee in the amount of $1 to be imposed on a person, except as specified, for each replacement lead-acid battery purchased that is of one of the specified types. The bill would authorize the dealer to retain 112% of the fee as reimbursement for any costs associated with the collection of the fee and would require the dealer to remit the remainder to the State Board of Equalization (state board) for deposit into the Lead-Acid Battery Cleanup Fund, except as specified. On and after April 1, 2022, the bill would increase the California battery fee to $2. This bill, on and after April 1, 2017, until March 31, 2022, would require a manufacturer battery fee of $1 to be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California, or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California, for deposit into the Lead-Acid Battery Cleanup Fund. The bill would require manufacturer battery fees remitted pursuant to these provisions to be credited against amounts owed by the manufacturer to the state under a judgment or determination of liability under specific hazardous materials provisions or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility. The bill would require that the amount paid by a manufacturer for a manufacturer battery fee be considered to reduce the manufacturer's share of liability in the allocation of costs among potentially responsible parties in a contribution action brought by a private party related to a release of hazardous substances from a lead-acid battery recycling facility. Of moneys collected pursuant to this act, the bill would require the board to retain moneys necessary for the payment of refunds and to reimburse the board for expenses in the collection of the California battery fee and the manufacturer battery fee. The bill would require that the remaining moneys be deposited into the Lead-Acid Battery Cleanup Fund, which would be created by the bill, and would make the moneys available upon appropriation by the Legislature for purposes of response actions at any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility, administration of the fund, the department's administration and implementation of the act's provisions, and reimbursement of certain loans for lead cleanup. The bill would make the reimbursement money available for further loans, as specified. The bill would require $1,200,000 be loaned from the California Tire Recycling Management Fund to the board for implementing the collection of the California battery fee and the manufacturer battery fee and would require that the loan be repaid before October 1, 2017. This bill would require, on and after July 1, 2017, a manufacturer to place a recycling symbol, as specified, and other information on all replacement lead-acid batteries sold in California. This bill would require, by February 1, 2018, and annually thereafter, the department to report to the Legislature on the status of the Lead-Acid Battery Cleanup Fund and on the department's progress in implementing these provisions. This bill would authorize the board to adopt regulations to implement these lead-acid battery management provisions. Because a violation of these regulations would be a crime, this bill would impose a state-mandated local program. This bill would require, on or before January 1, 2017, manufacturers to notify distributors, wholesalers, and dealers of the lead-acid batteries it manufactures of the bill's requirements, as specified. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 666, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 23. Page 6602.).

  5. Assembly Rule 63 suspended. (Page 6602.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 5602.).

  8. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 2.) (August 31).

  10. Re-referred to Com. on E.Q.

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

  12. Senate Rule 29.3(b) suspended. (Ayes 26. Noes 10. Page 5565.)

  13. Joint Rules 61 and 62(a) suspended. (Ayes 28. Noes 10. Page 5564.)

  14. Re-referred to Com. on RLS.

  15. Read second time. Ordered to third reading.

  16. Read third time and amended. Ordered to second reading.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

  19. In committee: Referred to APPR. suspense file.

  20. Re-referred to Com. on APPR.

  21. Withdrawn from committee.

  22. Read second time and amended. Re-referred to Com. on JUD.

  23. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (August 3).

  24. 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.

  25. In committee: Set, first hearing. Hearing canceled at the request of author.

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

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

  28. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 55. Noes 16. Page 5250.).

  29. Assembly Rule 63 suspended. (Ayes 52. Noes 27. Page 5166.)

  30. Read second time. Ordered to third reading.

  31. From committee: Do pass. (Ayes 5. Noes 0.) (June 2).

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

  33. Joint Rule 62(a), file notice suspended. (Page 5094.)

  34. Re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.

  35. Read third time and amended. Ordered to third reading. (Ayes 60. Noes 2. Page 5075.)

  36. Read second time. Ordered to third reading.

  37. From committee: Do pass. (Ayes 14. Noes 6.) (May 27).

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

  39. Re-referred to Com. on APPR.

  40. Read second time and amended.

  41. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (April 12).

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

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

  44. Referred to Com. on E.S. & T.M.

  45. From printer. May be heard in committee March 19.

  46. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (1)

  • Santiago

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 55 Yea · 23 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 501802
Democratic 5000
Republican 0500
Total 552302
% of votes cast 69%29%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Nay
Brough — Nay
Brown — Yea
Holden — Yea
Low — Yea
Maienschein — Nay
O'Donnell — Yea
Obernolte — Nay
Rendon — Yea
Ting — Yea
Wilk — Nay
Wood — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Daly — Yea
Burke — Yea
Campos — Yea
Salas — Yea
Chau — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Harper — Nay
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
McCarty — Yea
Chiu — Yea
Atkins — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Baker — Yea
Bloom — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Olsen — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Williams — Yea
Mayes — Nay
Melendez — Nay
Wagner — Nay
Waldron — Nay
Chang — Nay
Gray — Not Voting
Kim — Nay
Mathis — Nay
Steinorth — Nay
Gatto — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Passed 27 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 251001
Democratic 2100
Total 271101
% of votes cast 69%28%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Hertzberg — Yea
Leno — Yea
Liu — Yea
Nielsen — Nay
Pavley — Yea
Vidak — Nay
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hernandez — Yea
Beall — Yea
Hill — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Pan — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Nay
Hueso — Not Voting
Bates — Nay
Morrell — Nay
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Pavley — Yea
Leno — Yea
Wieckowski — Yea
Beth Gaines — Nay
Jackson, Corey A. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Mendoza — Yea
Hill — Yea
Bates — Nay
Beall — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Passed 55 Yea · 16 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 501307
Democratic 5000
Republican 0302
Total 551609
% of votes cast 69%20%0%11%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
Obernolte — Nay
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Wagner — Nay
Weber — Yea
Williams — Yea
Eggman — Yea
Frazier — Yea
Gatto — Yea
Campos — Yea
Gomez — Yea
Holden — Yea
Salas — Yea
Bonilla — Yea
Low — Yea
Gray — Yea
McCarty — Yea
Lopez — Yea
Medina — Yea
Mullin — Yea
Alejo — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Burke — Yea
Atkins — Yea
Gordon — Yea
Chang — Not Voting
Harper — Nay
Kim — Nay
Levine — Yea
Linder — Not Voting
Chau — Yea
Baker — Yea
Bigelow — Not Voting
Chiu — Yea
Chu — Yea
Mayes — Not Voting
Melendez — Nay
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Thurmond — Yea
Ting — Yea
Waldron — Nay
Wilk — Not Voting
Wood — Yea
Hadley — Not Voting
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 1000
Republican 0001
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Alejo — Yea
Lopez — Yea
Gray — Yea
McCarty — Yea
Beth Gaines — Not Voting
Arambula, Joaquin Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

Passed 60 Yea · 2 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 532015
Democratic 5000
Republican 2003
Total 602018
% of votes cast 75%3%0%23%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Kim — Not Voting
Maienschein — Not Voting
Mathis — Nay
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Williams — Yea
Campos — Yea
Eggman — Yea
Gatto — Yea
Gray — Yea
Dababneh — Yea
Dodd — Yea
Hadley — Not Voting
Chang — Not Voting
Harper — Not Voting
Chu — Yea
Bigelow — Not Voting
Linder — Not Voting
Mayes — Not Voting
Obernolte — Not Voting
Olsen — Not Voting
Quirk — Yea
Steinorth — Not Voting
Ting — Yea
Wagner — Not Voting
Wood — Yea
Chávez — Yea
Cooper — Yea
Jones-Sawyer — Yea
Low — Yea
Melendez — Yea
Nazarian — Yea
Rendon — Yea
Salas — Yea
Bonilla — Yea
Burke — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Daly — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Frazier — Yea
Gordon — Yea
Holden — Yea
Levine — Yea
McCarty — Yea
Rodriguez — Yea
Santiago — Yea
Waldron — Yea
Weber — Yea
Lopez — Yea
Wilk — Yea
Atkins — Yea
Gomez — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Not Voting

Official roll call →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Republican 0200
Democratic 2000
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Holden — Yea
Weber — Yea
Eggman — Yea
Chang — Nay
Daly — Yea
Bigelow — Nay
Bloom — Yea
Bonilla — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Wagner — Nay
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 2153 do?
Existing law prohibits a person from disposing, or attempting to dispose, of a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters, but authorizes a person to dispose of a lead-acid battery at certain locations. Existing law requires a dealer to accept, when offered at the point of transfer, a lead-acid battery from a consumer in exchange for the new lead-acid battery purchased by that consumer from the dealer. A violation of these provisions is a misdemeanor. This bill, the Lead-Acid Battery Recycling Act of 2016, would, as of January 1, 2017, revise these provisions to require a dealer to accept, at the point of transfer, specified types of used lead-acid batteries and would prohibit the dealer from charging any fee to accept these used lead-acid batteries. The bill, on and after April 1, 2017, would require a dealer to collect a refundable deposit for each new lead-acid battery of these types from a person who purchases the battery and who does not simultaneously provide a used lead-acid battery of the same size and type, and would require the dealer to refund the deposit to the person if, within 45 days of the sale of that lead-acid battery, the person presents a used lead-acid battery of the same type and size. The bill would require a dealer to post a specified notice or include specified information on the purchaser's receipt for one of these lead-acid batteries with regard to these provisions. The bill would allow the dealer to keep any lead-acid battery refundable deposit that is not properly claimed within 45 days after the date of sale of the new lead-acid battery. This bill, on and after April 1, 2017, until March 31, 2022, would require a California battery fee in the amount of $1 to be imposed on a person, except as specified, for each replacement lead-acid battery purchased that is of one of the specified types. The bill would authorize the dealer to retain 112% of the fee as reimbursement for any costs associated with the collection of the fee and would require the dealer to remit the remainder to the State Board of Equalization (state board) for deposit into the Lead-Acid Battery Cleanup Fund, except as specified. On and after April 1, 2022, the bill would increase the California battery fee to $2. This bill, on and after April 1, 2017, until March 31, 2022, would require a manufacturer battery fee of $1 to be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California, or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California, for deposit into the Lead-Acid Battery Cleanup Fund. The bill would require manufacturer battery fees remitted pursuant to these provisions to be credited against amounts owed by the manufacturer to the state under a judgment or determination of liability under specific hazardous materials provisions or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility. The bill would require that the amount paid by a manufacturer for a manufacturer battery fee be considered to reduce the manufacturer's share of liability in the allocation of costs among potentially responsible parties in a contribution action brought by a private party related to a release of hazardous substances from a lead-acid battery recycling facility. Of moneys collected pursuant to this act, the bill would require the board to retain moneys necessary for the payment of refunds and to reimburse the board for expenses in the collection of the California battery fee and the manufacturer battery fee. The bill would require that the remaining moneys be deposited into the Lead-Acid Battery Cleanup Fund, which would be created by the bill, and would make the moneys available upon appropriation by the Legislature for purposes of response actions at any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility, administration of the fund, the department's administration and implementation of the act's provisions, and reimbursement of certain loans for lead cleanup. The bill would make the reimbursement money available for further loans, as specified. The bill would require $1,200,000 be loaned from the California Tire Recycling Management Fund to the board for implementing the collection of the California battery fee and the manufacturer battery fee and would require that the loan be repaid before October 1, 2017. This bill would require, on and after July 1, 2017, a manufacturer to place a recycling symbol, as specified, and other information on all replacement lead-acid batteries sold in California. This bill would require, by February 1, 2018, and annually thereafter, the department to report to the Legislature on the status of the Lead-Acid Battery Cleanup Fund and on the department's progress in implementing these provisions. This bill would authorize the board to adopt regulations to implement these lead-acid battery management provisions. Because a violation of these regulations would be a crime, this bill would impose a state-mandated local program. This bill would require, on or before January 1, 2017, manufacturers to notify distributors, wholesalers, and dealers of the lead-acid batteries it manufactures of the bill's requirements, as specified. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 2153?
AB 2153 is sponsored by Santiago and Garcia, Robert (Democratic).
What is the current status of AB 2153?
This bill has been enacted into law. Introduced February 17, 2016. Enacted.
Where can I track AB 2153?
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