Amended in Senate August 1, 2016

Amended in Assembly June 1, 2016

Amended in Assembly April 14, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2153

Introduced by Assembly Member Cristina Garcia

(Coauthor: Assembly Member Santiago)

February 17, 2016

An act to amend, repeal, and add Section 25190 of, to add begin delete Section end delete begin insert Sections end insert 25215.5.5 begin insert and 124166 end insert to, and to repeal and add Article 10.5 (commencing with Section 25215) of Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to hazardous waste, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2153, as amended, Cristina Garcia. The Lead-Acid Battery Recycling Act of 2016.

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.

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, begin delete a end delete begin insert specified types of used end insert lead-acid begin delete battery of the same type and size that is sold by the dealer, without regard to the brand or original dealer of the used lead-acid battery, end delete begin insert batteries end insert and would prohibit the dealer from charging any fee to accept begin delete a end delete begin insert these end insert used lead-acid begin delete battery. end delete begin insert batteries. end insert The bill would require a dealer to collect a refundable begin delete deposit end delete begin insert deposit, as specified, end insert for each new lead-acid battery begin insert of these types end insert 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 begin insert or include specified information on the purchaser’s receipt for one of these lead-acid batteries end insert 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 begin delete bill end delete begin insert bill, on and after April 1, 2017, end insert would require a begin delete dealer to charge a consumer or business, at the time of sale, a end delete California battery fee in the amount of $1 begin insert to be imposed on a person, except as specified, end insert for each replacement lead-acid battery begin delete purchased. end delete begin insert purchased that is of one of the specified types. end insert The bill would authorize the dealer to retain 11⁄2% of the fee as reimbursement for any costs associated with the collection of the fee and begin insert would require the dealer end insert to remit the remainder to the State Board of begin delete Equalization for deposit into the Lead-Acid Battery Cleanup Fund, which would be created by this bill. end delete begin insert Equalization. end insert

This begin delete bill end delete begin insert bill, on and after April 1, 2017, end insert would require a begin delete manufacturer of lead-acid batteries to remit to the State Board of Equalization a end delete manufacturer battery fee of $1 begin insert to be imposed on a manufacturer of lead-acid batteries end insert 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. begin insert The bill would require manufacturers to temporarily suspend and resume remitting this manufacturer battery fee if the balance of the Lead-Acid Battery Cleanup Fund reaches certain amounts. The bill would permanently terminate the obligation of all manufacturers to pay a manufacturer battery fee under certain circumstances. end insert begin delete The end delete

begin insert The end insert bill would provide for certain credits against liability for a person who remits manufacturer battery fees if that person is held responsible by any court, regional board, agency, or any other authority for certain hazardous substance violations. The bill would authorize the state to bring an action against a person who has remitted manufacturer battery fees for the payment or reimbursement of any moneys to the state or a regional board for specified response actions only if the state has a reasonable basis to believe that the person would ultimately be held responsible for amounts in excess of the begin delete amount end delete begin insert amounts end insert the person has remitted in manufacturer battery fees that begin delete is end delete begin insert are end insert not already committed to the person’s liability. The bill would allow certain wholesalers of lead-acid batteries to elect to be considered manufacturers for these purposes, as specified.

begin delete This bill would end delete begin insert 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 end insert continuously appropriate begin insert those end insert moneys begin delete in the Lead-Acid Battery Cleanup Fund end delete to the Department of Toxic Substances Control begin delete and the State Board of Equalization, as applicable, end delete for purposes of response actions at begin delete sites investigated due to concern of lead release from a lead-acid battery recycling facility, end delete begin insert areas of the state that have been contaminated by the production, recycling, or improper disposal of lead-acid batteries, end insert administration of the fund, and reimbursement of certain begin delete General Fund end delete loans for lead cleanup. The bill would make the reimbursement money available for further loans, as specified. begin insert The bill would require an unspecified amount of moneys be loaned from the General Fund or a special 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. end insert The bill would require the department, before seeking to recover moneys spent on the above-described response actions from a person who has remitted manufacturer battery fees, to first begin delete draw from and deplete the fund and exhaust end delete begin insert vigorously pursue end insert efforts to recover any moneys from the owner or operator of the site where the response action occurred, or the site identified as the source of release to which the response action was directed. If a person from whom the department recovers such moneys receives a favorable judgment against a person who has remitted manufacturer battery fees, the bill would require that the judgment be reduced by the amount remitted as manufacturer battery fees.

This bill would require, on and after July 1, 2017, a manufacturer to place a begin delete uniform widely understood end delete recycling symbol begin insert , as specified, and other information end insert on all replacement lead-acid batteries sold in California.

This bill would require the department to report annually to the Governor and 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 require begin delete the department to notify manufacturers of replacement lead-acid batteries of the bill’s requirements, as specified, and would require those end delete manufacturers to notify distributors, wholesalers, and dealers of the lead-acid batteries it manufactures of the bill’s requirements, as specified.

A violation of the existing lead-acid battery management provisions is punishable as a misdemeanor.

The bill would instead authorize the department to impose civil administrative penalties on any person who is in violation of these provisions and would require the penalty money to be deposited into the Lead-Acid Battery Cleanup Fund.

begin insert

Under existing law, known as the Childhood Lead Poisoning Prevention Act of 1991, the department is required to establish procedures for environmental abatement and followup designed to reduce the incidence of excessive childhood lead exposure in California.

end insert begin insert

The bill would require, by April 1, 2017, the Office of Environmental Health Hazard Assessment to convene a Lead Advisory Committee, with a prescribed membership, to review and advise regarding policies and procedures to reduce childhood lead poisoning in the state. The bill would require the committee to publish a recommended regulatory agenda that would identify sources of lead that affect children and ensure that regulatory standards are protective of the health of the children of this state, as specified.

end insert

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25190 of the Health and Safety Code is
amended to read:

25190.  

(a) Except as otherwise provided in Sections 25185.6,
25189.5, 25189.6, 25189.7, and 25191, any person who violates
any provision of this chapter, or any permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this chapter,
is, upon conviction, guilty of a misdemeanor and shall be punished
by a fine of not more than one thousand dollars ($1,000) or by
imprisonment for up to six months in a county jail or by both that
fine and imprisonment.

(b) If the conviction is for a second or subsequent violation, the
person shall, upon conviction, be punished by imprisonment in
the county jail for not more than one year or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
16, 20, or 24 months. The court shall also impose upon the person
a fine of not less than five thousand dollars ($5,000) or more than
twenty-five thousand dollars ($25,000).

(c) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 2.  

Section 25190 is added to the Health and Safety Code,
to read:

25190.  

(a) Except as otherwise provided in Sections 25185.6,
25189.5, 25189.6, 25189.7, 25191, and 25215.7, any person who
violates any provision of this chapter, or any permit, rule,
regulation, standard, or requirement issued or adopted pursuant to
this chapter, is, upon conviction, guilty of a misdemeanor and shall
be punished by a fine of not more than one thousand dollars
($1,000) or by imprisonment for up to six months in a county jail
or by both that fine and imprisonment.

(b) If the conviction is for a second or subsequent violation, the
person shall, upon conviction, be punished by imprisonment in
the county jail for not more than one year or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
16, 20, or 24 months. The court shall also impose upon the person
a fine of not less than five thousand dollars ($5,000) or more than
twenty-five thousand dollars ($25,000).

(c) This section shall become operative on January 1, 2017.

SEC. 3.  

Article 10.5 (commencing with Section 25215) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code,
to read:

 

Article 10.5.  The Lead-Acid Battery Recycling Act of 2016

 

25215.  

This article shall be known, and may be cited, as the
Lead-Acid Battery Recycling Act of 2016.

25215.1.  

For purposes of this article, the following definitions
shall apply:

begin insert

(a) “Board” means State Board of Equalization.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “Business” means any person, as defined in subdivision (j),
that is not a natural person.

begin delete

(b)

end delete

begin insert (c) end insert  “California battery fee” means the fee imposed pursuant to
Section 25215.25.

begin delete

(c) “Consumer” means every natural person who purchases a
lead-acid battery at retail in California for use or consumption.

end delete

(d) “Dealer” means every person who begin delete sells at end delete begin insert engages in the end insert
retail begin insert sale of end insert replacement lead-acid batteries directly to persons in
California. begin insert “Dealer” includes a manufacturer of a new lead-acid
battery that sells at retail that lead-acid battery directly to a person
through any means, including, but not limited to, a transaction
conducted through a sales outlet, catalog, or Internet Web site or
any other similar electronic means. end insert

(e)  begin insert (1) end insert begin insert   end insert “Lead-acid battery” means any battery weighing over
five kilograms that is primarily composed of both lead and sulfuric
acid, whether sulfuric acid is in liquid, solid, or gel state, with a
capacity of six volts or more that is used for any of the following
purposes:

begin delete

(1)

end delete

begin insert (2) end insert  As a starting battery that is designed to deliver a high burst
of energy to an internal combustion engine until it starts.

begin delete

(2)

end delete

begin insert (3) end insert  As a motive power battery that is designed to provide the
source of power for propulsion or operation of a vehicle, including
a begin delete boat. end delete begin insert watercraft. end insert

begin delete

(3)

end delete

begin insert (4) end insert  As a stationary storage or standby battery that is designed
to be used in systems where the battery acts as either electrical
storage for electricity generation equipment or a source of
emergency power, or otherwise serves as a backup in case of failure
or interruption in the flow of power from the primary source.

begin delete

(4)

end delete

begin insert (5) end insert  As a source of auxiliary power to support the electrical
systems in a begin delete vehicle. end delete begin insert vehicle, as defined in Section 670 of the
Vehicle Code, including a vehicle as defined in Section 36000 of
the Vehicle Code, or an aircraft. end insert

begin insert

(6) To use with or contained within a medical device, as defined
in the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section
321(h), as that definition may be amended.

end insert

(f) “Lead-acid battery recycling facility” means any site at which
lead-acid batteries are or have been disassembled for the purpose
of making components available for reclamation to produce
elemental lead or lead alloys or at which lead-acid batteries or their
components, or both, are or have been reclaimed to produce
elemental lead or lead alloys.

(g) “Manufacturer” means either of the following:

(1) The person who manufactures the lead-acid battery and who
sells, offers for sale, or distributes the lead-acid battery in the state,
unless subdivision (b) of Section 25215.35 applies to the lead-acid
battery, in which case the wholesaler shall be deemed the
manufacturer, except for purposes of Section 25215.65. begin insert If an entity
engages a third party to manufacture lead-acid batteries on its
behalf, that entity shall be deemed the manufacturer of those
lead-acid batteries. end insert

(2) If there is no person described in paragraph (1) that is subject
to the jurisdiction of the state, the manufacturer is the person who
imports the lead-acid battery into the state for sale or distribution.

(h) “Manufacturer battery fee” means the fee imposed pursuant
to Section 25215.35.

(i) “Owner or operator” has the same meaning given in Section
9601(20) of Title 42 of the United States Code.

(j) “Person” means begin delete a natural person, end delete begin insert an individual, end insert trust, firm,
joint stock company, begin insert business concern, end insert corporation, begin delete company, end delete
begin insert including, but not limited to, a government corporation, end insert
partnership, limited liability company, or association. begin insert “Person”
also includes any city, county, city and county, district, commission,
the state, or any department, agency, or political subdivision of
any of those, interstate body, and the United States and its agencies
and instrumentalities to the extent permitted by law. end insert

(k) “Remedial action” has the same meaning as in Section
25322.

(l) “Removal” has the same meaning as in Section 25323.

(m) “Replacement lead-acid battery” means a new lead-acid
battery that is sold at retail subsequent to the original sale or lease
of the equipment or vehicle in which the lead-acid battery is
intended to be used. “Replacement lead-acid battery” does not
include a spent, discarded, refurbished, begin insert reconditioned, rebuilt, end insert or
reused lead-acid battery.

(n) “Response action” has the same meaning as in Section
25323.3.

(o)  begin insert (1) end insert begin insert   end insert A begin delete “retail” sale, end delete begin insert “retail sale” end insert or a begin delete sale “at retail,” means
the sale of a new lead-acid battery to a person in California who
is the ultimate user either at a California store or via the Internet,
telephone, mail order, or otherwise, including, but not limited to,
the sale of a new lead-acid battery in connection with vehicle
service or repair. “Retail” sale does not include sales to a
wholesaler or dealer, to a person for incorporation into new
equipment for subsequent resale, or replacement of a lead-acid
battery pursuant to a vehicle manufacturer’s warranty or a service
contract described under Section 12800 of the Insurance Code. end delete

begin insert “sale at retail” has the same meaning as defined in Section 6007
of the Revenue and Taxation Code. end insert

begin insert

(2) “Retail sale” does not include any of the following:

end insert begin insert

(A) The sale of a battery for which a California battery fee has
previously been paid.

end insert begin insert

(B) The sale of a replacement lead-acid battery that is
temporarily stored or used in California for the sole purpose of
preparing the replacement lead-acid battery for use thereafter
solely outside of the state and that is subsequently transported
outside the state and thereafter used solely outside of the state.

end insert begin insert

(C) The sale of a battery for incorporation into new equipment
for subsequent resale.

end insert begin insert

(D) The replacement of a lead-acid battery pursuant to a
warranty or a vehicle service contract described under Section
12800 of the Insurance Code.

end insert

(p) “Used lead-acid battery” means a lead-acid battery no longer
fully capable of providing the power for which it was designed or
that a begin delete consumer or other user end delete begin insert person end insert no longer wants for any other
reason.

(q) “Wholesaler” means any person who purchases a lead-acid
battery from a manufacturer for the purpose of selling the lead-acid
battery to a dealer, high-volume customer, or to a person for
incorporation into new equipment for resale.

25215.15.  

(a) Except as provided in subdivision (b), no person
shall dispose, or attempt to dispose, of a lead-acid battery at a solid
waste facility or on or in any land, surface waters, watercourses,
or marine waters.

(b) A person may dispose of a lead-acid battery at any of the
following locations:

(1) A facility, including a facility located at a solid waste facility,
established and operated for the purpose of recycling, or providing
for the eventual recycling of, lead-acid batteries.

(2) A dealer pursuant to Section 25215.2.

25215.2.  

(a) A dealer shall accept from persons at the point
of transfer a used lead-acid battery of begin delete the same type and size that
is sold by the dealer, without regard to the brand or original dealer
of the used lead-acid battery, end delete begin insert a type listed in paragraph (1), (2),
or (4) of subdivision (e) of Section 25215.1, end insert but shall not be
required to accept from any person more than six used lead-acid
batteries per day. A dealer shall not charge any fee to receive a
used lead-acid battery.

(b)  begin insert (1) end insert begin insert   end insert A dealer shall charge to each person who purchases a
replacement lead-acid battery begin insert of a type listed in paragraph (1),
(2), or (4) of subdivision (e) of Section 25215.1 end insert and who does not
simultaneously provide the dealer with a used lead-acid battery of
the same type and size a refundable deposit for each such battery
purchased. The dealer shall display the amount of the deposit
begin insert separately end insert on the receipt provided to the begin delete purchaser as a separate
line item. end delete begin insert purchaser. end insert The dealer shall refund the deposit to that
person if, within 45 days of the sale of the replacement lead-acid
battery, the person presents to the dealer a used lead-acid battery
of the same type and size. A dealer may require the person to
provide a receipt documenting the payment of the deposit before
refunding any deposit. A dealer may keep any lead-acid battery
deposit moneys that are not properly claimed within 45 days after
the date of sale of the replacement begin delete lead-acid battery. end delete begin insert lead-acid
battery, not including any sales tax reimbursement charged to the
consumer. Sales tax reimbursement charged to the consumer on
the amount of the deposit shall be remitted to the board. end insert

begin insert

(2) (A) The refundable deposit required under paragraph (1)
shall be a flat rate, in accordance with subparagraph (B), and
shall not be a percentage of the purchase price of the lead-acid
battery.

end insert begin insert

(B) (i) The refundable deposit shall be no less than fifteen
dollars ($15).

end insert begin insert

(ii) For a lead-acid battery that weighs 50 pounds or less, the
refundable deposit shall be no more than forty dollars ($40).

end insert begin insert

(iii) For a lead-acid battery that weighs more than 50 pounds
but 100 pounds or less, the refundable deposit shall be more than
forty dollars ($40) but no more than eighty dollars ($80).

end insert begin insert

(iv) For a lead-acid battery that weighs more than 100 pounds,
the refundable deposit shall be more than eighty dollars ($80) but
no more than one hundred dollars ($100).

end insert

(c) A dealer shall post a written notice that is clearly visible in
the public sales area of the begin delete establishment and that contains end delete
begin insert establishment, or include on the purchaser’s receipt, end insert the following
language:

 

begin delete It is unlawful to dispose of a motor vehicle battery or other lead-acid battery in a landfill or any unauthorized site. end delete begin delete end delete begin delete Recycle all used batteries. end delete begin delete This dealer is required by law to accept used lead-acid batteries of the same type and size sold by the dealer, but is not required to accept more than six lead-acid batteries from any person per day. end delete   begin delete When a replacement lead-acid battery is purchased, this end delete begin insert This end insert dealer is required by law to charge a nonrefundable $1 California battery fee for each begin insert lead-acid end insert battery.   begin delete An additional end delete begin insert A end insert refundable deposit will be charged for each replacement lead-acid battery begin delete purchased unless a end delete begin insert purchased. A credit of the same amount as the applicable deposit will be issued if a end insert used lead-acid battery begin delete of the same type and size end delete is returned at the time of purchase. begin delete The deposit will be refunded by the dealer if a used lead-acid battery of the same type and size is returned within 45 end delete begin insert If a customer does not have a lead-acid battery at the time of purchase, the customer has up to 45 end insert days begin delete of purchase of the replacement lead-acid battery. Upon return of a lead-acid battery for the refund of this deposit, the dealer may require the consumer to show the receipt for the purchase of the lead-acid battery on which the deposit was paid. end delete begin insert to bring in a used lead-acid battery with a receipt to claim the deposit. end insert

 

(d)  begin delete This section end delete begin insert Subdivision (c) end insert does not apply to begin insert any of the
following: end insert begin delete a end delete

begin insert (1) end insert begin insert   end insert begin insert A end insert person whose ordinary course of business does not include
the sale of lead-acid batteries.

begin insert

(2) A person that does not sell lead-acid batteries directly to
consumers, such as over-the-counter, but instead removes
nonfunctional or damaged batteries and installs new lead-acid
batteries as a part of an automotive repair dealer service.

end insert begin insert

(3) A business that removes lead-acid batteries and installs new
lead-acid batteries as a part of roadside services. “Roadside
services,” for purposes of this paragraph, means the services
performed upon a motor vehicle for the purpose of transporting
the vehicle or to permit it to be operated under its own power, by
or on behalf of a motor club holding a certificate of authority
pursuant to Chapter 2 (commencing with Section 12160) of Part
5 of Division 2 of the Insurance Code.

end insert begin insert

(e) Except as authorized by this article, a dealer shall not collect
a refundable deposit for a lead-acid battery from a person.

end insert

25215.25.  

(a) (1)  begin delete A consumer or business that purchases from
a dealer a replacement lead-acid battery shall pay end delete begin insert On and after
April 1, 2017, end insert a California battery fee of one dollar ($1) begin insert shall be
imposed on a person, not including a business, end insert for each
replacement lead-acid battery begin delete purchased. end delete begin insert of a type listed in
paragraph (1), (2), or (4) of subdivision (e) of Section 25215.1
purchased from a dealer. end insert

(2) The dealer shall charge a begin delete consumer or business end delete begin insert person end insert the
amount of the California battery fee as a charge that is separate
from, and not included in, any other fee, charge, or other amount
paid by the begin delete consumer or business. end delete begin insert person. end insert

(3) The dealer shall collect the California battery fee at the time
of sale and may retain 11⁄2 percent of the fee as reimbursement for
any costs associated with the collection of the fee. begin delete The dealer shall
remit the remainder to the State Board of Equalization on a
quarterly schedule pursuant to Section 25215.45. All moneys
remitted to the State Board of Equalization from the California
battery fee shall be deposited into the Lead-Acid Battery Cleanup
Fund. end delete begin insert The remainder of the California battery fee collected by the
dealer shall be paid to the board in a manner and form prescribed
by the board and at the time the return is required to be filed, as
specified in Section 25215.47. end insert

begin insert

(4) All moneys collected by a dealer pursuant to this section
that are not properly remitted to the board pursuant to paragraph
(3) shall be deemed to be a debt owed to the state by the dealer.

end insert begin insert

(5) A person who purchases a replacement lead-acid battery in
this state is liable for the California battery fee until that fee has
been paid to the board, except that payment to a dealer registered
under this article is sufficient to relieve the person from further
liability of the fee.

end insert begin insert

(6) All moneys remitted to the board pursuant to this subdivision
shall be expended in accordance with Section 25215.5.

end insert

(b) The California battery fee imposed pursuant to subdivision
(a) shall be separately stated by the dealer on the invoice given to
a consumer or business at the time of sale. Any other fee charged
by the dealer related to the lead-acid battery purchase, including
any deposit charged, credited, or both, pursuant to Section 25215.2,
shall be identified separately from the California battery fee.

begin delete

25215.3.  

An advertisement or other printed promotional
material related to the sale of replacement lead-acid batteries shall
contain the following notice: “By law, a nonrefundable $1
California battery fee is charged per replacement lead-acid battery
purchased, and an additional refundable deposit will be charged
unless a used lead-acid battery of the same type and size is returned
at the time of purchase. The deposit shall be refunded if a used
battery of the same type and size as that purchased is returned
within 45 days with a receipt from the purchase.”

end delete

25215.35.  

(a)  begin delete Each manufacturer of lead-acid batteries shall
remit to the State Board of Equalization end delete begin insert (1) end insert begin insert   end insert begin insert On and after April 1,
2017, end insert a manufacturer battery fee of one dollar ($1) begin insert shall be imposed
on a manufacturer of lead-acid batteries end insert 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.

begin delete The manufacturer shall remit the fees on a quarterly schedule
pursuant to Section 25215.45. All moneys remitted to the State
Board of Equalization from the manufacturer battery fee shall be
deposited into the Lead-Acid Battery Cleanup Fund. end delete

begin insert

(2) The obligation to pay the manufacturer battery fee and the
board’s authority to collect the fee shall immediately be terminated
as to all payors if either of the following occurs:

end insert begin insert

(A) The state files suit against any person that has remitted a
manufacturer battery fee to recover moneys spent for purposes
identified in paragraph (1) of subdivision (b) of Section 25215.5,
except for a suit against an owner or operator, or legal successor
to the owner or operator, of the site at which the moneys sought
to be recovered were spent.

end insert begin insert

(B) The state issues an order to any person who has remitted a
manufacturer battery fee that requires the recipient to take action
to address conditions at or allegedly attributable to a lead-acid
battery recycling facility or its operations, except for an order
issued to a person who is the owner or operator, or legal successor
to the owner or operator, of the site at which the action ordered
would occur.

end insert

(b) (1)  begin delete A end delete begin insert (A) end insert begin insert   end insert begin insert On and after April 1, 2017, a end insert wholesaler of a
lead-acid battery who ships or arranges for the shipment of used
lead-acid batteries to a lead-acid battery recycling facility may
elect to be considered a manufacturer for purposes of subdivision
(a) and Sections begin delete 25215.5 end delete begin insert 25215.5, 25215.51, end insert and 25215.55. To so
elect, the wholesaler shall notify the manufacturer of the lead-acid
battery from which begin delete he or she end delete begin insert the wholesaler end insert purchased the
lead-acid battery, the department, and the begin delete State Board of
Equalization end delete begin insert board end insert of its intent to be considered a manufacturer
for those purposes and shall remit a manufacturer battery fee for
each lead-acid battery purchased from the notified manufacturer.
The wholesaler shall begin insert register with the board pursuant to
subdivision (b) of Section 25215.45 and end insert provide at least 30 days’
notice to the manufacturer, the department, and begin delete State Board of
Equalization end delete begin insert the board end insert before the wholesaler is considered a
manufacturer under subdivision (a). begin delete A manufacturer who has been
notified by a wholesaler pursuant to this subdivision shall not be
subject to subdivision (a) for purposes of the lead-acid batteries
sold to the wholesaler. end delete begin insert If a wholesaler under this subdivision only
remits a manufacturer battery fee for a portion of the
manufacturer’s lead-acid battery inventory sold in the state, the
manufacturer shall remain responsible for remittance of the
manufacturer battery fee for the remaining lead-acid batteries
sold in the state. Multiple wholesalers may remit manufacturer
battery fees for their sales of batteries from a single manufacturer.
Regardless of the number of wholesalers paying manufacturer
battery fees for sales of a manufacturer’s batteries, the
manufacturer shall remain responsible for manufacturer battery
fees not paid by a wholesaler. end insert

begin insert

(B) A manufacturer shall not be required to pay the
manufacturer battery fee that is to be paid by a wholesaler
pursuant to this subdivision if both of the following conditions are
met:

end insert begin insert

(i) The manufacturer has been notified by the wholesaler and
the board of the wholesaler’s election to be considered a
manufacturer and the wholesaler’s intent to remit the manufacturer
battery fee for each lead-acid battery purchased from the notified
manufacturer.

end insert begin insert

(ii) The manufacturer has registered with the board pursuant
to subdivision (b) of Section 25215.45, and submits informational
returns to the board in a manner and form to be determined by
the board.

end insert begin delete

(A)

end delete

begin insert (C) end insert   begin insert (i) end insert begin insert   end insert A manufacturer otherwise exempt from subdivision (a)
pursuant to this subdivision may voluntarily submit an additional
manufacturer battery fee of one dollar ($1) per lead-acid battery
that is otherwise begin delete covered end delete begin insert paid end insert by a wholesaler. A manufacturer
that voluntarily submits a manufacturer battery fee under this
subparagraph shall be subject to Sections 25215.5 and 25215.55.

begin insert

(ii) A voluntary manufacturer payment does not relieve a
wholesaler from its responsibility to remit a manufacturer battery
fee pursuant to this subdivision.

end insert begin delete

(B)

end delete

begin insert (D) end insert  A manufacturer that submits a manufacturer battery fee
pursuant to subparagraph begin delete (A) end delete begin insert (C) end insert shall be prohibited from imposing
or passing on the voluntarily remitted fees to a wholesaler.

(2) A wholesaler that provides notice pursuant to paragraph (1)
shall be considered a manufacturer for purposes of subdivision (a)
and Sections 25215.5 and 25215.55 until 60 days after the
wholesaler provides notice to the begin delete State Board of Equalization, end delete
begin insert board, end insert the department, and the manufacturer of the lead-acid
battery of the wholesaler’s intention to no longer be considered a

begin delete manufacturer. end delete begin insert manufacturer. If the manufacturer of the lead-acid
batteries for which the wholesaler elects to no longer pay a
manufacturer battery fee has not registered with the board, the
wholesaler shall continue to be considered a manufacturer until
notified by the board that the manufacturer has registered with
the board. end insert

(3) The begin delete State Board of Equalization end delete begin insert board end insert shall establish
appropriate procedures for providing notifications pursuant to this
subdivision.

begin insert

(c) (1) Manufacturer battery fees shall be paid to the board in
a manner and form as prescribed by the board and at the time the
return is required to be filed, as specified in Section 25215.47.

end insert

begin delete

25215.45.  

(a) The State Board of Equalization shall establish
a mechanism by which the fees remitted pursuant to Sections
25215.25 and 25215.35 shall be due and payable quarterly on or
before the 15th day of the month following each calendar quarter.
The remitted moneys shall be deposited into the Lead-Acid Battery
Cleanup Fund.

(b) The department and the State Board of Equalization shall
be reimbursed for the costs of collection, auditing, and
administration of funds associated with the establishment and
operation of the Lead-Acid Battery Cleanup Fund in an amount
that shall not exceed 3 percent of the total annual revenue deposited
in the fund for a fiscal year.

(c) (1) The State Board of Equalization, if it deems it necessary
to ensure payment to, or facilitate the collection by, the state of
the amount of the fees required to be remitted under this article,
may require returns and payment of the amount of the fees for a
yearly period. The State Board of Equalization may audit the
returns submitted by a person who remits moneys to the Lead-Acid
Battery Cleanup Fund pursuant to Section 25215.25 or 25215.35.

(2) On or before the 15th day of the month following each
designated yearly period, a return for the preceding designated
yearly period shall be filed with the State Board of Equalization
in the form that the State Board of Equalization prescribes.

end delete begin insert

begin insert 25215.45. end insert   

(a) (1) Except as provided in paragraph (2), the
lead-acid battery fees imposed pursuant to Sections 25215.25 and
25215.35 shall be collected by the board in accordance with the
Fee Collection Procedures Law (Part 30 (commencing with Section
55001) of Division 2 of the Revenue and Taxation Code). For the
purposes of this section, the reference to “feepayer” shall include
a dealer, manufacturer, importer, and wholesaler, including a
wholesaler that makes an election pursuant to paragraph (1) of
subdivision (b) of Section 25215.35, but shall not include a
manufacturer that makes a voluntary payment pursuant to
subparagraph (B) of paragraph (1) of subdivision (b) of Section
25215.35 as to that voluntary payment.

(2) Notwithstanding the petition for redetermination and claim
for refund provisions of the Fee Collection Procedures Law (Article
3 (commencing with Section 55081) of Chapter 3 of, and Article
1 (commencing with Section 55221) of Chapter 5 of, Part 30 of
Division 2 of the Revenue and Taxation Code), the board shall not
do either of the following:

(A) Accept or consider any petition for redetermination of fees
determined under this article if the petition is founded upon the
grounds that a battery is or is not a lead-acid battery, as defined
in Section 25215.1. The board shall forward to the department
any petition for redetermination that is based on those grounds.

(B) Accept or consider a claim for refund of fees paid pursuant
to this article, if the claim for refund is founded upon the grounds
that a battery is or is not a lead-acid battery, as defined in Section
25215.1. The board shall forward to the department any claim for
refund that is based on these grounds.

(b) The following persons shall register with the board:

(1) A dealer of lead-acid batteries in the state.

(2) A manufacturer of lead-acid batteries in the state, including
a manufacturer that voluntarily pays a manufacturer battery fee,
as provided in Section 25215.35.

(3) An importer of lead-acid batteries into the state.

(4) A wholesaler of lead-acid batteries in the state, including a
wholesaler that elects to be considered a manufacturer, as provided
in Section 25215.35.

end insert begin insert

begin insert 25215.47. end insert   

(a) The return required to be filed pursuant to
Section 55040 of the Revenue and Taxation Code shall be prepared
and filed by the person required to register with the board, in the
form prescribed by the board, and shall contain the information
the board deems necessary or appropriate for the proper
administration of this article and the Fee Collection Procedures
Law. Except as provided in subdivision (b), the return shall be
filed on or before the last day of the calendar month following the
calendar quarter to which the return relates, together with a
remittance payable to the board for the fee amount due for that
period. Returns shall be authenticated in a form, or pursuant to
methods, as may be prescribed by the board, including, but not
limited to, electronic media.

(b) The board may require the payment of the fee and the filing
of the returns for other than quarterly periods.

end insert

25215.5.  

(a)  begin delete The Lead-Acid Battery Cleanup Fund is hereby
created in the State Treasury. end delete begin insert Lead-acid battery fees collected
pursuant to this article shall be managed as follows: end insert

begin insert

(1) The board shall retain moneys necessary for the payment
of refunds and reimbursement of the board for expenses in the
collection of the fees.

end insert begin insert

(2) The remaining moneys shall be deposited into the Lead-Acid
Battery Cleanup Fund, which is hereby created in the State
Treasury, and are hereby be continuously appropriated, without
regard to fiscal year, to the department for purposes of the
lead-acid battery activities specified in subdivision (b).

end insert

(b) Moneys in the Lead-Acid Battery Cleanup Fund shall be
begin delete continuously appropriated, without regard to fiscal year, solely to
pay the costs end delete begin insert expended end insert for the following activities:

(1)  begin delete To the department for investigation, end delete begin insert Investigation, end insert site
evaluation, cleanup, abatement, remedy, removal, monitoring, or
other response actions at any begin delete site in California investigated because
of concerns about lead releases from a lead-acid battery recycling
facility, including, but not limited to, areas at or near the former
Exide lead-acid battery recycling facility in Vernon, California. end delete

begin insert area of the state that has been contaminated by the production,
recycling, or improper disposal of lead-acid batteries. end insert

(2)  begin delete To the department and the State Board of Equalization for
administration end delete begin insert Administration end insert of the Lead-Acid Battery Cleanup

begin delete Fund, as provided in subdivision (b) of Section 25215.45. end delete begin insert Fund. end insert

(3)  begin delete To the department for repayment end delete begin insert Repayment end insert of a loan
begin delete pursuant to end delete begin insert described in end insert Section begin delete 25215.6. end delete begin insert 25215.6 that was made
before the effective date of the act which added this section, or
any other loan made for purposes set forth in paragraph (1). end insert

(c) (1) Before seeking to recover moneys spent for purposes
identified in paragraph (1) of subdivision (b) from a person who
has remitted a manufacturer battery fee pursuant to Section
25215.35, other than a person who is the owner or operator, or
legal successor to the owner or operator, of a site at which the
activity occurred, the department shall begin delete do both of the following: end delete

begin delete

(A) Draw from and deplete the funds in the Lead-Acid Battery
Cleanup Fund.

end delete

begin delete (B) end delete begin delete   end delete begin delete Exhaust efforts to recover any moneys expended for an
activity described in paragraph (1) of subdivision (b) from the
owner or operator, or legal successor to the owner or operator, of
the site at which the activity occurred, or the site that is identified
as the source of the release to which the activity was directed. end delete

begin insert vigorously pursue efforts to recover any moneys expended for an
activity described in paragraph (1) of subdivision (b) from the
owner or operator or legal successor to the owner or operator of
the site at which the activity occurred, or the site that is identified
as the source of release to which the activity was directed, until
the earlier of either of the following: end insert begin delete If end delete

begin insert

(A) The issuance of a final unappealable legal judgment against
the owner or operator or legal successor to the owner or operator.

end insert begin insert

(B) Both of the following conditions have been met:

end insert begin insert

(i) At least 36 months have passed since the department filed
suit against the owner or operator or legal successor to the owner
or operator of the site at which the activity occurred or of the site
that is identified as the source of the release to which the activity
was directed.

end insert begin insert

(ii) Seventy-one months have passed since the first expenditure
of moneys from the Lead-Acid Battery Cleanup Fund on remedial
actions at the site.

end insert

begin insert (2) end insert begin insert   end insert begin insert If end insert a person from whom the department recovered moneys
under begin delete this subparagraph end delete begin insert paragraph (1) end insert receives a favorable
judgment against a second person who has remitted a manufacturer
battery fee in an action relating to those response activities, the
judgment shall be reduced by the amount the second person has
already remitted to the Lead-Acid begin delete battery end delete begin insert Battery end insert Cleanup Fund
pursuant to Section 25215.35 that is not previously committed to
other payor liabilities.

begin delete

(2)

end delete

begin insert (3) end insert  Nothing in this subdivision shall be construed to limit or
otherwise affect any cause of action that may exist under any law
that the state may bring against the owner or operator, or legal
successor to the owner or operator, of a site at which any activity
described in paragraph (1) of subdivision (b) occurred.

(d) Any funds expended from the Lead-Acid Battery Cleanup
Fund that are subsequently recovered from any person pursuant
to subdivision (c) shall be deposited into the Lead-Acid Battery
Cleanup Fund.

(e) Moneys from the Lead-Acid Battery Cleanup Fund shall not
be used to implement Article 14 (commencing with Section 25251)
with respect to lead-acid batteries or to loan moneys to any other
program. begin delete As long as end delete begin insert Provided that end insert the national recycling rate for
lead in lead-acid batteries, determined by the methodology accepted
by the United State Environmental Protection Agency and used
in the Battery Council International’s National Recycling Rate
Study, exceeds begin delete __ end delete begin insert 90 end insert percent, a lead-acid battery shall not be
considered for inclusion on a list of products established under
Section 25252 or be otherwise regulated under Article 14
(commencing with Section begin delete 25251). end delete begin insert 25251) until after the
completion of the fifth Priority Product Work Plan established
pursuant to Section 69503.4 of Title 22 of the California Code of
Regulations. end insert Nothing in this subdivision shall preclude a study of
the impacts and benefits of the manufacture and recycling of
lead-acid batteries from being conducted as a pilot project pursuant
to the department’s Community Protection and Hazardous Waste
Reduction Initiative.

(f) The department shall report annually to the Governor and
to the Legislature on the status of the Lead-Acid Battery Cleanup
Fund and on the department’s progress to implement this article,
including, but not limited to, the sites at which actions were
performed using moneys from the fund, begin insert the status of cleanup at
those sites, including total anticipated costs of cleanup at those
sites, end insert the balance of the fund, the amount of fees remitted to the
fund, the amount spent by the fund and the purposes for which
those amounts were spent, the amounts reimbursed to the
begin delete department and the State Board of Equalization end delete begin insert board end insert pursuant to
begin delete subdivision (b) of Section 25215.45, end delete begin insert paragraph (1) of subdivision
(a), end insert the amounts collected by the department pursuant to
subdivision (c), and any other information requested by the
Governor or the Legislature.

begin insert

begin insert 25215.51. end insert   

(a) If, as of October 1 of any calendar year, the
balance in the Lead-Acid Battery Cleanup Fund exceeds one
hundred million dollars ($100,000,000), the board shall, no later
than October 31 of that year, notify each manufacturer to suspend
remitting a manufacturer battery fee pursuant to this article
commencing January 1 of the following year, until the
manufacturer receives a notice from the board pursuant to
subdivision (b). The board shall also provide notice to the
department of the suspension of manufacturer battery fee remittal.

(b) If, as of October 1 of a calendar year in which manufacturers
are not remitting a manufacturer battery fee and the balance of
the Lead-Acid Battery Cleanup Fund is less than thirty million
dollars ($30,000,000), the board shall, no later than October 31
of the same year, notify in writing each manufacturer that is
required to remit a manufacturer battery fee to resume remitting
the fee beginning on January 1 of the following year. The board
shall also provide notice to the department of the resumption of
the fee remittal.

end insert

25215.55.  

(a) (1) A person who has remitted a manufacturer
battery fee and who is held responsible by any court, regional
board, agency, or any other authority, under the
Carpenter-Presley-Tanner Hazardous Substance Account Act
(commencing with Section 25300) or any other law, for the
payment or reimbursement of any moneys to the state or a regional
board begin insert or any other person by or on behalf of a public entity end insert for
any activity listed in paragraph (1) of subdivision (b) of Section
25215.5 shall have its responsibility for that payment or
reimbursement reduced by the amount that person remitted
pursuant to Section 25215.35 that has not otherwise been
committed to the payor’s liability and by the amount recovered by
the state pursuant to subparagraph (B) of paragraph (1) of
subdivision (c) of Section 25215.5.

(2) The state may bring an action against a person who has
remitted a manufacturer battery fee for the payment or
reimbursement of any moneys to the state or a regional board for
any of the activities listed in paragraph (1) of subdivision (b) of
Section 25215.5 only if the state has a reasonable basis to believe
that the person ultimately would be held responsible for amounts
in excess of the amount of manufacturer battery fees the person
has remitted to the Lead-Acid Battery Cleanup Fund that is not
already committed to the payor’s liability.

(3) Before bringing any action against a person pursuant to
paragraph (2), the state shall notify the person of the state’s intent
to bring the action and meet and confer with that person to attempt
to reach an agreement by which the person voluntarily resolves
the state’s claim.

(4) Nothing in this subdivision shall be construed to create a
private cause of action against a manufacturer, affect any cause of
action that may exist under other law, or reduce the amount of
damages for which a manufacturer is held liable in any civil action
for personal injury or wrongful death.

(5) Nothing in this subdivision shall be construed to limit or
otherwise affect a claim the state may assert against an owner or
operator, or legal successor of an owner or operator, of a site at
which any activity described in paragraph (1) of subdivision (b)
of Section 25215.5 occurred.

(b) Notwithstanding any other law, not including a person who
is or was an owner or operator of a site subject to paragraph (1)
of subdivision (b) of Section 25215.5, an administrative order shall
not be issued or judicial relief sought to compel any person who
has remitted a manufacturer battery fee to take any activity
described in paragraph (1) of subdivision (b) of Section 25215.5
at that site unless all of the following conditions are met:

begin delete

(1) The Lead-Acid Battery Cleanup Fund has been exhausted
by the state.

end delete begin delete

(2)

end delete

begin insert (1) end insert  Any activities undertaken by any party at the site have been
inadequate to fully address concerns to which the activities
described in paragraph (1) of subdivision (b) of Section 25215.5
would be directed.

begin delete

(3)

end delete

begin insert (2) end insert  The state has a reasonable basis to believe that, if state or
private funds are used to undertake the activities described in
paragraph (1) of subdivision (b) of Section 25215.5 and recovery
of those funds is sought from the person against whom the
administrative order was issued, that person ultimately would be
held responsible for amounts in excess of the amount of
manufacturer battery fees the person has remitted to the Lead-Acid
Battery Cleanup Fund that is not already committed to the payor’s
liability.

begin insert

(3) One of the following:

end insert begin insert

(A) The state has issued an administrative order against the
owner or operator or legal successor to the owner or operator of
the site, and obtained a final nonappealable judgment enforcing
that order against the owner or operator or legal successor to the
owner or operator, and the owner or operator or legal successor
to the owner or operator has not complied with the order.

end insert begin insert

(B) Both of the following conditions have been met:

end insert begin insert

(i) At least 36 months have passed since the department issued
an administrative order against the owner or operator or legal
successor to the owner or operator of the site at which the activity
occurred or of the site that is identified as the source of the release
to which the activity was directed.

end insert begin insert

(ii) Seventy-one months have passed since the first expenditure
of moneys from the Lead-Acid Battery Cleanup Fund or remedial
action took place at the site.

end insert

25215.6.  

If the state loans money from the General Fund to
the Toxic Substances Control Account for the cleanup of lead
contamination in the state, the following shall apply:

(a) Money from the Lead-Acid Battery Cleanup Fund may be
used towards repaying the loan.

(b) Any moneys designated as repayment of the loan shall be
deposited to that loan, but shall be available to be loaned to the
Toxic Substances Control Account for the purposes of cleaning
up areas of the state that have been contaminated with lead by the
production, handling, storage, reclamation, or improper disposal
of lead-acid batteries.

25215.65.  

On and after July 1, 2017, a manufacturer shall place
a begin delete uniform widely understood end delete recycling symbol begin insert consistent with the
requirements of Section 103(b)(1) of the Federal Mercury
Containing and Rechargeable Battery Management Act, Pub. L.
No. 104-142 (1996) (42 U.S.C. 14301(b)(1)) and either “Pb” or
the words “lead,” “return,” and “recycle” end insert on all replacement
lead-acid batteries sold in California.

25215.7.  

(a) The department may impose civil administrative
penalties not to exceed one thousand dollars ($1,000) per day on
any person who is in violation of any provision of this article.

begin insert

(b) The department shall provide notice of the alleged violations
to any person alleged to be in violation of any provision of this
article no less than 60 days before the issuance of any
administrative penalty pursuant to subdivision (a). If the person
corrects the alleged violation before the issuance of an
administrative penalty, the department shall not issue the
administrative penalty.

end insert begin delete

(b)

end delete

begin insert (c) end insert  In assessing or reviewing the amount of a civil penalty
imposed pursuant to subdivision (a) for a violation of this article,
the department or the court shall consider all of the following:

(1) The nature and extent of the violation.

(2) The number and severity of the violation or violations.

(3) The economic effect of the penalty on the violator.

(4) Whether the violator took good faith measures to comply
with this article and the period of time over which these measures
were taken.

(5) The willfulness of the violator’s misconduct.

(6) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community.

(7) Any other factor that justice may require.

begin delete

(c)

end delete

begin insert (d) end insert  The department shall deposit all penalties collected pursuant
to this section into the Lead-Acid Battery Cleanup Fund.

begin insert

begin insert 25215.72. end insert   

_____ dollars ($_____) shall be loaned from the
General Fund or a special fund to the board for implementing the
collection of the California battery fee and the manufacturer fee
and shall be repaid from the proceeds of the collection of fees
pursuant to this article no later than October 1, 2017.

end insert begin insert

begin insert 25215.74. end insert   

(a) The board may prescribe, adopt, and enforce
regulations relating to the administration and enforcement of this
article, including, but not limited to, registration, collections,
reporting, notices for manufacturers, notices for wholesalers
regarding elections pursuant to paragraph (1) of subdivision (b)
of Section 25215.35, refunds, and appeals.

(b) The board may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this article. Any emergency
regulation prescribed, adopted, or enforced pursuant to this article
shall be adopted in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and, for purposes of this chapter, including
Section 11349.6 of the Government Code, the adoption of the
regulation is an emergency and shall be considered by the Office
of Administrative Law as necessary for the immediate preservation
of the public peace, health and safety, and general welfare.
Emergency regulations adopted pursuant to this subdivision shall
remain in effect until regulations have been adopted pursuant to
subdivision (a).

end insert

25215.75.  

This article shall become operative on January 1,
2017.

SEC. 4.  

Section 25215.5.5 is added to begin insert Article 10.5
(commencing with Section 25215) of Chapter 6.5 of Division 20
of end insert the Health and Safety Code, begin insert as added by Chapter 209 of the
Statutes of 1988, end insert to read:

25215.5.5.  

This article shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 124166 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 124166. end insert   

(a) On or before April 1, 2017, the Office of
Environmental Health Hazard Assessment shall convene a Lead
Advisory Committee to review and advise regarding policies and
procedures to reduce childhood lead poisoning in the state. Until
April 1, 2019, the committee shall meet quarterly and, by that date,
shall publish a recommended regulatory agenda for the state that
would identify sources of lead that affect children and ensure that
regulatory standards are protective of the health of the children
of this state. After April 1, 2019, the committee shall meet twice a
year.

(b) Membership of the committee shall be as follows:

(1) One member shall be a lead exposure assessment expert.

(2) One member shall be a biostatistian or epidemiology expert.

(3) One member shall be a pediatrician.

(4) One member shall be an occupational health expert.

(5) One member shall be a lead remediation expert.

(6) Two members shall be representatives from environmental
justice organizations that work on lead contamination.

(7) Two members shall be local government representatives
from lead poisoning prevention programs.

(8) One member shall be a representative from the program
established pursuant to this article.

(9) One member shall be a representative of industries that use
lead in producing their products.

(10) One member shall be a representative of the lead recycling
industry.

(11) One member shall be a representative of the civil aviation
industry.

(12) One member shall be a representative of industries not
otherwise represented on the committee that are emitters of
significant quantities of lead into the air of the state.

(c) (1) In its recommended regulatory agenda, the committee
shall do all of the following:

(A) Evaluate of each of the following:

(i) The program established pursuant to this article.

(ii) Each county’s childhood lead testing programs.

(iii) The drinking water program described in Section 116271.

(iv) Each county’s healthy homes program.

(B) Address remedial action strategies that should be considered
by the Department of Toxic Substances Control when approving
remedial action plans.

(C) Advise state and local entities on how to better use
biomonitoring data that the state receives to identify opportunities
to prevent lead poisoning.

(D) Review existing regulatory provisions for the protection
and health of children in California and recommend any
appropriate changes to any regulations that have not been revised
on or after January 1, 2011.

(E) Provide advice on how to align the state’s lead regulatory
framework with the Center for Disease Control and Prevention’s
most recent findings on the toxicity of lead to children.

(F) Identify key policies, regulations, and protocols for state
agencies to follow to better protect California’s children from lead
exposure.

(d) Each member of the committee shall receive reasonable and
necessary traveling expenses and meal allowances as approved
by the Office of Environmental Health Hazard Assessment for each
day spent in actual attendance at, or in traveling to and from,
meetings of the committee.

end insert

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

begin delete

(a) The Department of Toxic Substances Control,
within 30 days after the effective date of this act, shall notify all
manufacturers of replacement lead-acid batteries sold in this state
of the requirements set forth in Article 10.5 (commencing with
Section 25215) of Chapter 6.5 of Division 20 of the Health and
Safety Code, as it will read on and after January 1, 2017.

end delete

begin delete (b) end delete begin delete   end delete Each manufacturer of lead-acid batteries sold in this begin delete state,
within 30 days of receiving notice pursuant to subdivision (a), end delete
begin insert state end insert shall notify the distributors, wholesalers, and dealers of the
lead-acid batteries it manufactures of the requirements set forth in
Article 10.5 (commencing with Section 25215) of Chapter 6.5 of
Division 20 of the Health and Safety Code, as it will read on and
after January 1, 2017.

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to increase the cleanup of toxic materials and to prevent
additional toxic pollution at the earliest possible time, it is
necessary that this act take effect immediately.