SB 289

Bill Subjects

Abstract

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 act requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back at no cost to the consumer of a used rechargeable battery of the type or brand that the retailer sold or previously sold. 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 and the Cell Phone Recycling Act of 2004 inoperative as of June 30, 2025, and would repeal those acts as of January 1, 2026. The bill would enact the Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2021, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for batteries and battery-embedded products. The bill would require a stewardship organization or producer, on or before June 30, 2025, to submit to the Department of Resources Recycling and Recovery a stewardship plan for the collection, transportation, and recycling, and the safe and proper management, of batteries or battery-embedded products in the state. The bill would require the plan to include specified elements, including consultation with an advisory body, which the bill would require the department to create, a collection system for batteries and battery-embedded products with a specified minimum distribution of collection sites, and a funding mechanism to provide sufficient funding for implementation of the plan. The bill would provide for review and approval of the stewardship plan by the department and any other state agency with relevant jurisdiction and would require the stewardship organization or producer to fully implement its stewardship program on or before June 30, 2026. The bill would require a stewardship organization or producer to annually be audited and submit a report and budget to the department, as prescribed, and would require a stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site to, among other things, provide the department with relevant records necessary to determine compliance with the bill. The bill would require reports and records provided to the department pursuant to the bill 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 require the department, on or before July 1, 2026, and each year thereafter, to post on its internet website a list of producers, brands, and batteries and battery-embedded products that are in compliance with the bill. The bill would prohibit a retailer or distributor from selling, distributing, offering for sale, or importing a battery or battery-embedded product in or into the state unless the producer of the battery or battery-embedded product is listed as in compliance on that list for that brand and battery or battery-embedded product, except as specified. The bill would require a stewardship organization or producer to quarterly reimburse the department and any other relevant state agency for their respective reasonable regulatory costs that are directly related to implementing and enforcing the bill in relation to the stewardship organization's or producer's activities. The bill would require the department and each state agency to deposit those moneys into the Battery and Battery-Embedded Product Recycling Fund, which the bill would establish, and would authorize the department and any other relevant state agency to expend those moneys, upon appropriation by the Legislature, to administer and enforce the stewardship program. The bill would provide for enforcement of its provisions, including authorizing the department to impose an administrative civil penalty on a stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site in violation of the bill 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 Battery and Battery-Embedded Product Recycling Penalty Account, which the bill would establish in the fund, and would require the department to expend those moneys, upon appropriation by the Legislature, to administer and enforce the stewardship program. The bill would require the department, by January 1, 2024, and in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the bill. 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.