Amended in Senate August 19, 2016

Amended in Senate August 9, 2016

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 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. 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 begin delete bill end delete begin insert bill, on and after April 1, 2017, end insert would require a dealer to collect a refundable deposit, as specified, 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, 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 11⁄2% 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 begin delete Equalization. end delete begin insert Equalization (state board). end insert

This bill, on and after April 1, 2017, 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 begin delete Fund.The end delete begin insert Fund. The bill would suspend the manufacturer battery fee if the balance in the Lead-Acid Battery Cleanup Fund reaches $100,000,000 and reinstate it if that balance drops to $30,000,000. The bill would require the Department of Toxic Substances Control (department) and the state board to establish procedures regarding notification between the department, the state board, and the Department of Finance regarding the balance of the Lead-Acid Battery Cleanup Fund and the adjustment of the manufacturer battery fee amount. The bill would require the department to provide notice to manufacturers before changing the manufacturer battery fee amount, as specified. The end insert bill would allow certain wholesalers of lead-acid batteries to elect to be considered manufacturers for these purposes, as specified.

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 continuously appropriate those moneys to the Department of Toxic Substances Control for purposes of response actions at areas of the state that have been contaminated by the production, recycling, or improper disposal of lead-acid batteries, administration of the fund, begin delete and end delete reimbursement of certain loans for lead begin delete cleanup. end delete begin insert cleanup, and the establishment and administration of a Lead Advisory Committee. end insert The bill would make the reimbursement money available for further loans, as specified. The bill would require begin delete an unspecified amount of moneys end delete begin insert $1,200,000 end insert 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.

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 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 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 manufacturers to notify distributors, wholesalers, and dealers of the lead-acid batteries it manufactures of the bill’s requirements, as specified.

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 October 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. The bill would appropriate specified amounts annually from the Lead-Acid Battery Cleanup Fund to the Office of Environmental Health Hazard Assessment for purposes of establishing and administering the advisory committee.

end insert

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.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

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:

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

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

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

(d) “Dealer” means every person who engages in the retail sale
of replacement lead-acid batteries directly to persons in California.
“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.

(e)  begin delete (1) end delete begin delete   end delete “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

(2)

end delete

begin insert (1) 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

(3)

end delete

begin insert (2) 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 watercraft.

begin delete

(4)

end delete

begin insert (3) 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

(5)

end delete

begin insert (4) end insert  As a source of auxiliary power to support the electrical
systems in a 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.

begin delete

(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 delete

(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. If an entity
begin insert that is in the business of manufacturing lead-acid batteries end insert engages
a third party to manufacture lead-acid batteries on its behalf, that
entity shall be deemed the manufacturer of those lead-acid batteries.

(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 an individual, trust, firm, joint stock
company, business concern, corporation, including, but not limited
to, a government corporation, partnership, limited liability
company, or association. “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.

(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, reconditioned, rebuilt, or
reused lead-acid battery.

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

(o) (1) A “retail sale” or a “sale at retail” has the same meaning
as defined in Section 6007 of the Revenue and Taxation Code.

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

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

(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.

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

(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.

begin insert

(E) The sale of any battery intended for use with or contained
within a medical device, as defined in the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)) as that definition may be amended.

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 person 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 both 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 a type listed in paragraph
(1), (2), or (4) of subdivision (e) of Section 25215.1, 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 delete (1) end delete begin delete   end delete begin delete A end delete begin insert On and after April 1, 2017, a end insert dealer shall charge to
each person who purchases a replacement lead-acid battery of a
type listed in paragraph (1), (2), or (4) of subdivision (e) of Section
25215.1 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 separately on the receipt provided to the
purchaser. 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 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.

begin delete

(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.

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

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

(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).

(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 delete

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

 

This dealer is required by law to charge a nonrefundable $1 California battery fee begin insert and a refundable deposit end insert for each lead-acid begin delete battery. end delete begin insert battery purchased. end insert   begin delete A refundable deposit will be charged for each replacement lead-acid battery purchased. end delete A credit of the same amount as the begin delete applicable end delete begin insert refundable end insert deposit will be issued if a used lead-acid battery is returned at the time of begin delete purchase. end delete begin insert purchase or up to 45 days later along with this dealer’s receipt. end insert begin delete If a customer does not have a lead-acid battery at the time of purchase, the customer has up to 45 days to bring in a used lead-acid battery with a receipt to claim the deposit. end delete

 

begin insert

(d) The department shall provide notice of an alleged violation
of subdivision (c) to any person alleged to be in violation of that
subdivision no less than 60 days before the issuance of a civil
penalty pursuant to subdivision (b) of Section 25189.2. If the person
corrects the alleged violation before the issuance of the civil
penalty, the department shall not issue the civil penalty.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Subdivision (c) does not apply to any of the following:

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

(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.

(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.

begin delete

(e)

end delete

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

25215.25.  

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

(2) The dealer shall charge a person 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 person.

(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. 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.

(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.

(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.

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

(b)  begin insert (1) end insert begin insert   end insert The California battery fee imposed pursuant to
subdivision (a) shall be separately stated by the dealer on the
invoice given to a begin delete consumer end delete begin insert person end insert 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 insert

(2) If a person purchases more than one lead-acid battery in a
single transaction, and is therefore imposed more than one
California lead-acid battery fee in that transaction, the dealer
shall not be required to individually list on the invoice each
California lead-acid battery fee imposed, but may instead condense
the fees to a single-line item.

end insert

25215.35.  

(a) On and after April 1, 2017, a manufacturer
battery fee of one dollar ($1) shall 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.

(b) (1) (A) On and after April 1, 2017, a 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). To so elect, the wholesaler shall notify the manufacturer of
the lead-acid battery from which the wholesaler purchased the
lead-acid battery, the department, and the board 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 register with the
board pursuant to subdivision (b) of Section 25215.45 and provide
at least 30 days’ notice to the manufacturer, the department, and
the board before the wholesaler is considered a manufacturer under
subdivision (a). 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.

(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:

(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.

(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.

begin delete

(C) (i) 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 paid by a wholesaler.

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

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

end delete

(2) A wholesaler that provides notice pursuant to paragraph (1)
shall be considered a manufacturer for purposes of subdivision (a)
until 60 days after the wholesaler provides notice to the board, the
department, and the manufacturer of the lead-acid battery of the
wholesaler’s intention to no longer be considered a 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.

(3) The board shall establish appropriate procedures for
providing notifications pursuant to this subdivision.

(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.

begin insert

begin insert 25215.4. end insert   

(a) A manufacturer otherwise exempt from the
manufacturer battery fee pursuant to Section 25215.35 may elect
to submit an additional manufacturer battery fee of one dollar
($1) per lead-acid battery that is otherwise paid by a wholesaler.
A manufacturer described in this section shall be subject to Section
25215.55.

(b) An additional manufacturer battery fee that is paid by a
manufacturer under subdivision (a) shall be treated as a
manufacturer battery fee for purposes of this article and shall be
administered as a manufacturer battery fee. If a manufacturer
elects to submit an additional manufacturer battery fee under
subdivision (a), only that manufacturer may pay the fee and that
manufacturer shall not assign the payment of that fee to another
party.

(c) The election of an otherwise exempt manufacturer to pay
an additional manufacturer battery fee does not relieve a
wholesaler who makes the election described in subdivision (b) of
Section 25215.35 from his or her liability to pay a manufacturer
battery fee.

(d) A manufacturer that elects to pay an additional manufacturer
battery fee pursuant to this section shall be prohibited from
imposing or passing on the fee to a wholesaler or dealer.

(e) A manufacturer that elects to pay an additional manufacturer
battery fee shall provide notice of that election to the board no
less than 30 days before the date he or she intends to begin paying
the additional manufacturer battery fee. The manufacturer shall
register with the board pursuant to subdivision (b) of Section
25215.45 and shall submit returns to the board in a manner and
form to be determined by the board.

(f) If an otherwise exempt manufacturer that elects to pay an
additional manufacturer battery fee no longer elects to pay that
fee, that manufacturer shall provide notice to the board no less
than 30 days before the date he or she intends to stop paying that
fee.

(g) The board shall establish by regulation procedures for
providing notifications pursuant to this section.

end insert

25215.45.  

(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
begin delete subparagraph (B) of paragraph (1) of subdivision (b) of end delete Section
begin delete 25215.35 end delete begin insert 25215.4 end insert 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 begin delete 25215.35. end delete begin insert 25215.4. end insert

(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.

25215.47.  

(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 begin insert filed with the board using electronic media
and end insert authenticated in a form, or pursuant to methods, as may be
prescribed by the begin delete board, including, but not limited to, electronic
media. end delete begin insert board. end insert

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

25215.5.  

(a) Lead-acid battery fees collected pursuant to this
article shall be managed as follows:

(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.

(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 begin delete department end delete begin insert department, except as
provided in Section 124166, end insert for purposes of the lead-acid battery
activities specified in subdivision (b).

(b) Moneys in the Lead-Acid Battery Cleanup Fund shall be
expended for the following activities:

(1) Investigation, site evaluation, cleanup, abatement, remedy,
removal, monitoring, or other response actions at any area of the
state that has been contaminated by the production, recycling, or
improper disposal of lead-acid batteries.

(2) Administration of the Lead-Acid Battery Cleanup Fund.

(3) Repayment of a loan described in Section 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).

begin insert

(4) Establishment and administration of the Lead Advisory
Committee pursuant to Section 124166.

end insert

(c) 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, the status of cleanup at
those sites, including total anticipated costs of cleanup at those
sites, 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 board
pursuant to paragraph (1) of subdivision (a), and any other
information requested by the Governor or the Legislature.

begin insert

begin insert 25215.55. end insert   

(a) The maximum balance in the Lead-Acid Battery
Cleanup Fund shall be one hundred million dollars ($100,000,000).

(b) The minimum balance in the Lead-Acid Battery Cleanup
Fund shall be thirty million dollars ($30,000,000).

(c) If the balance in the Lead-Acid Battery Cleanup Fund
reaches the maximum limit set forth under subdivision (a), the
manufacturer battery fee shall, beginning on the first day of the
following calendar quarter, be reduced to zero dollars ($0.00) for
the remainder of the calendar year.

(d) If, as of October 1 of any calendar year, the balance in the
Lead-Acid Battery Cleanup Fund is equal to or less than the
minimum limit set forth under subdivision (b), the manufacturer
battery fee shall revert back to the fee set forth in Section 25215.35
on January 1 of the following calendar year.

(e) (1) The department and the board shall establish by
regulation procedures to provide notice between the department,
the board, and the Department of Finance regarding the Lead-Acid
Battery Cleanup Fund balance and the adjustment of the
manufacturer battery fee amount. The department shall determine
whether an adjustment of the manufacturer battery fee is necessary
and shall provide written notice to registered lead-acid battery
manufacturers no less than 60 days before the effective date of
change in the manufacturer battery fee amount pursuant to
subdivision (c) or (d).

(2) If the manufacturer battery fee is reverted pursuant
subdivision (d) and the department does not provide the notice
required under paragraph (1) to a manufacturer, that manufacturer
shall not be in violation of this article if the manufacturer fails to
remit the manufacturer battery fee.

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 recycling symbol 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” on all replacement lead-acid batteries sold in California.

25215.72.  

begin delete _____ dollars ($_____) end delete begin insert One million two hundred
thousand dollars ($1,200,000) end insert 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 battery fee and
shall be repaid from the proceeds of the collection of fees pursuant
to this article no later than October 1, 2017.

25215.74.  

(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 begin delete this end delete begin insert that end insert 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).

25215.75.  

This article shall become operative on January 1,
2017.

SEC. 2.  

Section 25215.5.5 is added to Article 10.5
(commencing with Section 25215) of Chapter 6.5 of Division 20
of the Health and Safety Code, as added by Chapter 209 of the
Statutes of 1988, 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. 3. 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 October 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
October 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 October 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) In its recommended regulatory agenda, the committee shall
do all of the following:

(1) Evaluate of each of the following:

(A) The program established pursuant to this article.

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

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

(D) Each county’s healthy homes program.

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

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

(4) 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.

(5) 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.

(6) 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.

(e) Commencing July 1, 2017, and until July 1, 2019, for each
fiscal year, two hundred fifty thousand dollars ($250,000) is hereby
annually appropriated from the Lead-Acid Battery Cleanup Fund,
established pursuant to Section 25215.5, to the Office of
Environmental Health Hazard Assessment for purposes of
establishing and administering the Lead Advisory Committee. On
and after July 1, 2019, one hundred thousand dollars ($100,000)
is hereby annually appropriated for each fiscal year from the
Lead-Acid Battery Cleanup Fund for these purposes.

end insert

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

Each manufacturer of lead-acid batteries sold in this
state 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. 4. end delete

begin insert SEC. 5. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

begin delete SEC. 5. end delete

begin insert SEC. 6. 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.