BILL NUMBER: AB 1189 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 18, 2011
An act to amend Sections 15004, 15013, and 15014 of the Public
Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 1189, as introduced, Mendoza. Recycling: batteries.
Existing law creates the Department of Resources Recycling and
Recovery in the Natural Resources Agency, which succeeds to the
duties and authority of the former California Integrated Waste
Management Board. Existing law, the Dry Cell Battery Management Act,
imposes requirements upon the sale of rechargeable consumer products
containing rechargeable batteries and imposes certain labeling
requirements upon rechargeable batteries and products containing
these batteries.
This bill would make conforming changes with regard to the
authority of the department in administering the act, and make
technical, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15004 of the Public Resources Code is amended
to read:
15004. "Board" means the California Integrated Waste
Management Board. "Department" means the Department of
Resources Recycling and Recovery.
SEC. 2. Section 15013 of the Public Resources Code is amended to
read:
15013. (a) On and after January 1, 1995, no
A person shall not sell or offer for sale in
this state any a rechargeable consumer
product unless the product meets all of the following requirements:
(1) The rechargeable battery is easily removable from the
rechargeable consumer product or is contained in a battery pack that
is easily removable from , the product.
(2) The rechargeable consumer product and the rechargeable battery
are labeled in accordance with subdivision (b).
(3) The rechargeable battery, battery pack, or rechargeable
consumer product, if the product has a nonremovable rechargeable
battery, has a brand name affixed to it.
(4) The instruction manual for the rechargeable consumer product
includes information regarding the proper recycling or disposal of
the used rechargeable battery.
(b) On and after July 1, 1994, each A
rechargeable battery, consumer product package
containing a rechargeable battery or battery pack, and the package
for each such item, which is sold or offered for sale in this state,
shall meet all of the following requirements:
(1) Be labeled in a conspicuous manner that is visible to
consumers.
(2) Include the chemical name or the standard abbreviation for the
chemical composition of the battery or battery pack.
(3) Contain the following statement:
(A) On each easily removable battery or easily removable battery
pack: "NICKEL-CADMIUM BATTERY. MUST BE RECYCLED OR DISPOSED OF
PROPERLY." OR "SEALED LEAD BATTERY. MUST BE RECYCLED OR DISPOSED OF
PROPERLY."
(B) On each rechargeable consumer product, granted an exemption
pursuant to Section 15014, without an easily removable battery or
battery pack: "CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE
RECYCLED OR DISPOSED OF PROPERLY." OR "CONTAINS SEALED LEAD BATTERY.
BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY."
(C) On the packaging of each rechargeable consumer product,
rechargeable battery, or battery pack, unless the specified label is
clearly visible through the packaging: "CONTAINS NICKEL-CADMIUM
BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY." OR
"CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED
OF PROPERLY."
(4) The label and messages specified in paragraphs (1), (2), and
(3) shall use contrasting colors to differentiate the label message
and background to enhance readability.
(5) No A political subdivision of
this state may shall not enact or
enforce any environmental labeling requirement for a rechargeable
battery or battery pack, or a rechargeable consumer product, that is
not identical to the labeling requirements contained in this
subdivision or any the regulations
adopted by the board department
pursuant to this subdivision.
(c) The board may department shall
adopt regulations that require substantially similar labeling
requirements for rechargeable batteries with chemistries that are
different from those covered by subdivision (a) and the battery packs
and products containing those batteries. Any
The regulations shall be adopted, amended, or repealed in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(d) Any violation of this section is a misdemeanor.
SEC. 3. Section 15014 of the Public Resources Code is amended to
read:
15014. (a) Any A manufacturer of,
or any a manufacturer trade
organization with respect to, any a
rechargeable battery or rechargeable consumer product may submit an
application to the board department for
an exemption from the requirements of paragraph (1) of subdivision
(a) of Section 51013 15013 in
accordance with the procedures prescribed in subdivision (b). Within
60 days of receipt of an application for an exemption, the
board department shall either approve or deny
the request. The exemption shall be issued for a period that is
determined to be appropriate by the board
department , but shall not exceed two years.
(b) The application for an exemption shall include both of the
following:
(1) A statement of the specified basis for the exemption.
(2) The name, business address, and telephone number of the
applicant.
(c) The board department shall grant
the exemption if the board department
finds that the manufacturer has been unable to commence manufacture
of the rechargeable consumer product in compliance with this chapter
and with an equivalent level of product performance without causing
either of the following:
(1) Danger to human health and safety or to the environment.
(2) Violation of requirements for approvals from governmental
agencies or the Underwriters Laboratories or a similar widely
recognized private standard-setting organization.
(d) The board department may, by
regulation, establish an application fee in an amount sufficient to
offset the cost of processing requests for exemptions.
(e) A manufacturer or manufacturer trade organization granted an
exemption may apply for an extension of the exemption in accordance
with the requirements and procedures in subdivisions (b) and (c).
However, in considering an extension of any exemption, the
board department shall evaluate whether other
rechargeable consumer product manufacturers have developed technology
or methods that permit access to the rechargeable battery in the
same or similar type application. The board
department may grant up to three extensions of not more than
two years each after the date of the original exemption.