Amended in Senate August 31, 2016

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 BillNo. 2153


Introduced by Assembly Member Cristina Garcia

(Coauthor: Assembly Member Santiago)

February 17, 2016


An act to addbegin delete Sectionsend deletebegin insert Sectionend insert 25215.5.5begin delete and 124166end delete 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,begin delete making an appropriation therefor,end delete 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 bill, on and after April 1, 2017, would require a dealer to collect a refundablebegin delete deposit, as specified,end deletebegin insert depositend insert 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,begin insert until March 31, 2022,end insert would require a California battery fee in the amount of $1 to be imposed on a person, except as specified, for each replacement lead-acid battery purchased that is of one of the specified types. The bill would authorize the dealer to retain 112% of the fee as reimbursement for any costs associated with the collection of the fee and would require the dealer to remit the remainder to the State Board of Equalization (statebegin delete board).end deletebegin insert board) for deposit into the Lead-Acid Battery Cleanup Fund, except as specified. On and after April 1, 2022, the bill would increase the California battery fee to $2.end insert

This bill, on and after April 1, 2017,begin insert until March 31, 2022,end insert would require a manufacturer battery fee of $1 to be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California, or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California, for deposit into the Lead-Acid Battery Cleanup Fund.begin delete 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 bill would allow certain wholesalers of lead-acid batteries to elect to be considered manufacturers for these purposes, as specified.end deletebegin insert The bill would require manufacturer battery fees remitted pursuant to these provisions to be credited against amounts owed by the manufacturer to the state under a judgment or determination of liability under specific hazardous materials provisions or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility. The bill would require that the amount paid by a manufacturer for a manufacturer battery fee be considered to reduce the manufacturer’s share of liability in the allocation of costs among potentially responsible parties in a contribution action brought by a private party related to a release of hazardous substances from a lead-acid battery recycling facility.end 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 wouldbegin delete continuously appropriate those moneys to the Department of Toxic Substances Controlend deletebegin insert make the moneys available upon appropriation by the Legislatureend insert for purposes of response actions atbegin delete areasend deletebegin insert any areaend insert of the state thatbegin insert is reasonably suspected toend insert have been contaminated by thebegin delete production, recycling, or improper disposalend deletebegin insert operationend insert ofbegin insert aend insert lead-acidbegin delete batteries,end deletebegin insert battery recycling facility,end insert administration of thebegin delete fund,end deletebegin insert fund, the department’s administration and implementation of the act’s provisions, andend insert reimbursement of certain loans for leadbegin delete cleanup, and the establishment and administration of a Lead Advisory Committee.end deletebegin insert cleanup.end insert The bill would make the reimbursement money available for further loans, as specified. The bill would require $1,200,000 be loaned from thebegin delete General Fund or a special fundend deletebegin insert California Tire Recycling Management Fundend insert 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 wouldbegin delete requireend deletebegin insert require, by February 1, 2018, and annually thereafter,end insert the department to reportbegin delete annuallyend delete to thebegin delete Governor and theend delete 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 wouldbegin delete requireend deletebegin insert require, on or before January 1, 2017,end insert manufacturers to notify distributors, wholesalers, and dealers of the lead-acid batteries it manufactures of the bill’s requirements, as specified.

begin delete

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 delete
begin delete

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 delete

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: 23. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: yes.

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

P5    1

SECTION 1.  

Article 10.5 (commencing with Section 25215)
2is added to Chapter 6.5 of Division 20 of the Health and Safety
3Code
, to read:

4 

5Article 10.5.  The Lead-Acid Battery Recycling Act of 2016
6

 

7

25215.  

This article shall be known, and may be cited, as the
8Lead-Acid Battery Recycling Act of 2016.

9

25215.1.  

For purposes of this article, the following definitions
10shall apply:

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

12(b) “Business” means any person, as defined in subdivision (j),
13begin delete that is notend deletebegin insert exceptend insert a naturalbegin delete person.end deletebegin insert person or a city, county, city
14and county, district, commission, the state, or any department,
15 agency, or political subdivision of any of those, or an interstate
16body or, to the extent permitted by law, the United States and its
17agencies and instrumentalities.end insert

18(c) “California battery fee” means the fee imposed pursuant to
19Section 25215.25.

20(d) “Dealer” means every person who engages in the retail sale
21of replacement lead-acid batteries directly to persons in California.
22“Dealer” includes a manufacturer of a new lead-acid battery that
23sells at retail that lead-acid battery directly to a person through
24any means, including, but not limited to, a transaction conducted
25through a sales outlet, catalog, or Internet Web site or any other
26similar electronic means.

27(e) “Lead-acid battery” means any battery weighing over five
28kilograms that is primarily composed of both lead and sulfuric
29acid, whether sulfuric acid is in liquid, solid, or gel state, with a
30capacity of six volts or more that is used for any of the following
31purposes:

32(1) As a starting battery that is designed to deliver a high burst
33of energy to an internal combustion engine until it starts.

P6    1(2) As a motive power battery that is designed to provide the
2source of power for propulsion or operation of a vehicle, including
3a watercraft.

4(3) As a stationary storage or standby battery that is designed
5to be used in systems where the battery acts as either electrical
6storage for electricity generation equipment or a source of
7emergency power, or otherwise serves as a backup in case of failure
8or interruption in the flow of power from the primary source.

9(4) As a source of auxiliary power to support the electrical
10systems in a vehicle, as defined in Section 670 of the Vehicle Code,
11including a vehicle as defined in Section 36000 of the Vehicle
12Code, or an aircraft.

13(f) “Lead-acid battery recycling facility” means any site at which
14lead-acid batteries are or have been disassembled for the purpose
15of making components available for reclamation to produce
16elemental lead or lead alloys or at which lead-acid batteries or their
17components, or both, are or have been reclaimed to produce
18elemental lead or lead alloys.

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

20(1) The person who manufactures the lead-acid battery and who
21sells, offers for sale, or distributes the lead-acid battery in the begin delete state,
22unless subdivision (b) of Section 25215.35 applies to the lead-acid
23 battery, in which case the wholesaler shall be deemed the
24manufacturer, except for purposes of Section 25215.65. If an entity
25that is in the business of manufacturing lead-acid batteries engages
26a third party to manufacture lead-acid batteries on its behalf,
27thatentity shall be deemed the manufacturer of those lead-acid
28 batteries.end delete
begin insert state.end insert

29(2) If there is no person described in paragraph (1) that is subject
30to the jurisdiction of the state, the manufacturer is the person who
31imports the lead-acid battery into the state for sale or distribution.

32(h) “Manufacturer battery fee” means the fee imposed pursuant
33to Section 25215.35.

34(i) “Owner or operator” has the same meaning given in Section
359601(20) of Title 42 of the United Statesbegin delete Code.end deletebegin insert Code and any
36person that previously met that definition or is the legal successor
37to a person that meets the definition or previously met the
38definition.end insert

39(j) “Person” means an individual, trust, firm, joint stock
40company, business concern, corporation, including, but not limited
P7    1to, a government corporation, partnership, limited liability
2company, or association. “Person” also includes any city, county,
3city and county, district, commission, the state, or any department,
4agency, or political subdivision of any of those, interstate body,
5and the United States and its agencies and instrumentalities to the
6extent permitted by law.

7(k) “Remedial action” has the same meaning as in Section
825322.

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

10(m) “Replacement lead-acid battery” means a new lead-acid
11battery that is sold at retail subsequent to the original sale or lease
12of the equipment or vehicle in which the lead-acid battery is
13intended to be used. “Replacement lead-acid battery” does not
14include a spent, discarded, refurbished, reconditioned, rebuilt, or
15reused lead-acid battery.

16(n) “Response action” has the same meaning as in Section
1725323.3.

18(o) (1) A “retail sale” or a “sale at retail” has the same meaning
19as defined in Section 6007 of the Revenue and Taxation Code.

20(2) “Retail sale” does not include any of the following:

21(A) The sale of a battery for which a California battery fee has
22previously been paid.

23(B) The sale of a replacement lead-acid battery that is
24temporarily stored or used in California for the sole purpose of
25preparing the replacement lead-acid battery for use thereafter solely
26outside of the state and that is subsequently transported outside
27the state and thereafter used solely outside of the state.

28(C) The sale of a battery for incorporation into new equipment
29for subsequent resale.

30(D) The replacement of a lead-acid battery pursuant to a
31warranty or a vehicle service contract described under Section
3212800 of the Insurance Code.

33(E) The sale of any battery intended for use with or contained
34within a medical device, as defined in the federal Food, Drug, and
35Cosmetic Act (21 U.S.C. 321(h)) as that definition may be
36amended.

37(p) “Used lead-acid battery” means a lead-acid battery no longer
38fully capable of providing the power for which it was designed or
39that a person no longer wants for any other reason.

P8    1(q) “Wholesaler” means any person who purchases a lead-acid
2battery from a manufacturer for the purpose of selling the lead-acid
3battery to a dealer, high-volume customer, or to a person for
4incorporation into new equipment for resale.

5

25215.15.  

(a) Except as provided in subdivision (b), no person
6shall dispose, or attempt to dispose, of a lead-acid battery at a solid
7waste facility or on or in any land, surface waters, watercourses,
8or marine waters.

9(b) A person may dispose of a lead-acid battery atbegin delete bothend deletebegin insert eitherend insert
10 of the following locations:

11(1) A facility, including a facility located at a solid waste facility,
12established and operated for the purpose of recycling, or providing
13for the eventual recycling of, lead-acid batteries.

14(2) A dealer pursuant to Section 25215.2.

15

25215.2.  

(a) A dealer shall accept from persons at the point
16of transfer a used lead-acid battery of a type listed in paragraph
17(1), (2), or (4) of subdivision (e) of Section 25215.1, but shall not
18be required to accept from any person more than six used lead-acid
19batteries per day. A dealer shall not charge any fee to receive a
20used lead-acid battery.

21(b) On and after April 1, 2017, a dealer shall charge to each
22person who purchases a replacement lead-acid battery of a type
23listed in paragraph (1), (2), or (4) of subdivision (e) of Section
2425215.1 and who does not simultaneously provide the dealer with
25a used lead-acid battery of the same type and size a refundable
26deposit for each such battery purchased. The dealer shall display
27the amount of the deposit separately on the receipt provided to the
28purchaser. The dealer shall refund the deposit to that person if,
29within 45 days of the sale of the replacement lead-acid battery, the
30person presents to the dealer a used lead-acid battery of the same
31type and size. A dealer may require the person to provide a receipt
32documenting the payment of the deposit before refunding any
33deposit. A dealer may keep any lead-acid battery deposit moneys
34that are not properly claimed within 45 days after the date of sale
35of the replacement lead-acid battery, not including any sales tax
36reimbursement charged to the consumer. Sales tax reimbursement
37charged to the consumer on the amount of the deposit shall be
38remitted to the board.

P9    1(c) A dealer shall post a written notice that is clearly visible in
2the public sales area of the establishment, or include on the
3purchaser’s receipt, the following language:

4

 

 

This dealer is required by law to charge a nonrefundable $1 California battery fee and a refundable deposit for each lead-acid battery purchased.

 

A credit of the same amount as the refundable deposit will be issued if a used lead-acid battery is returned at the time of purchase or up to 45 days later along with this dealer’s receipt.

P9   12

 

13(d) The department shall provide notice of an alleged violation
14of subdivision (c) to any person alleged to be in violation of that
15subdivision no less than 60 days before the issuance ofbegin insert an order
16or filing an action imposingend insert
a civil penalty pursuant to subdivision
17(b) of Section 25189.2. If the person corrects the alleged violation
18before thebegin delete issuance of the civil penalty,end deletebegin insert order is issued or the action
19is filedend insert
the department shall notbegin delete issueend deletebegin insert imposeend insert the civil penalty.

20(e) Subdivision (c) does not apply to any of the following:

21(1) A person whose ordinary course of business does not include
22the sale of lead-acid batteries.

23(2) A person that does not sell lead-acid batteries directly to
24consumers, such as over-the-counter, but instead removes
25nonfunctional or damaged batteries and installs new lead-acid
26batteries as a part of an automotive repair dealer service.

27(3) A business that removes lead-acid batteries and installs new
28lead-acid batteries as a part of roadside services. “Roadside
29services,” for purposes of this paragraph, means the services
30performed upon a motor vehicle for the purpose of transporting
31the vehicle or to permit it to be operated under its own power, by
32or on behalf of a motor club holding a certificate of authority
33pursuant to Chapter 2 (commencing with Section 12160) of Part
345 of Division 2 of the Insurance Code.

35(f) Except as authorized by this article, a dealer shall not collect
36a refundable deposit for a lead-acid battery from a person.

37

25215.25.  

(a) (1)  On and after April 1, 2017,begin insert until March 31,
382022,end insert
a California battery fee of one dollar ($1) shall be imposed
39on abegin delete person, not including a business that will resell the battery,end delete
40begin insert personend insert for each replacement lead-acid battery of a type listed in
P10   1paragraph (1), (2), or (4) of subdivision (e) of Section 25215.1
2purchased from a dealer.begin insert On and after April 1, 2022, the amount
3of the fee shall be two dollars ($2).end insert

4(2) begin deleteThe end deletebegin insertExcept for sales to businesses, the end insertdealer shall charge
5a person the amount of the California battery fee as a charge that
6is separate from, and not included in, any other fee, charge, or
7other amount paid by the person.

8(3) The dealer shall collect the California battery fee at the time
9of sale and may retain 112 percent of the fee as reimbursement for
10any costs associated with the collection of the fee. The remainder
11of the California battery fee collected by the dealer shall be paid
12to the board in a manner and form prescribed by the board and at
13the time the return is required to be filed, as specified in Section
1425215.47.

15(4) All moneys collected by a dealer pursuant to this section
16that are not properly remitted to the board pursuant to paragraph
17(3) shall be deemed to be a debt owed to the state by the dealer.

18(5) A person who purchases a replacement lead-acid battery in
19this state is liable for the California battery fee until that fee has
20been paid to the board, except that payment to a dealer registered
21under this article is sufficient to relieve the person from further
22liability of the fee.

23(6) All moneys remitted to the board pursuant to this subdivision
24shall be expended in accordance with Section 25215.5.

25(b) (1) begin deleteThe end deletebegin insertExcept for sales to businesses, the end insertCalifornia battery
26fee imposed pursuant to subdivision (a) shall be separately stated
27by the dealer on the invoice given to a person at the time of sale.
28Any other fee charged by the dealer related to the lead-acid battery
29purchase, including any deposit charged, credited, or both, pursuant
30to Section 25215.2, shall be identified separately from the
31California battery fee.

32(2) If a person purchases more than one lead-acid battery in a
33single transaction, and is therefore imposed more than one
34California lead-acid battery fee in that transaction, the dealer shall
35not be required to individually list on the invoice each California
36lead-acid battery fee imposed, but may instead condense the fees
37to a single-line item.

38

25215.35.  

(a) On and after April 1, 2017, a manufacturer
39battery fee of one dollar ($1) shall be imposed on a manufacturer
40of lead-acid batteries for each lead-acid battery it sells at retail to
P11   1a person in California or that it sells to a dealer, wholesaler,
2distributor, or other person for retail sale in California.

begin delete

3(b) (1) (A) On and after April 1, 2017, a wholesaler of a
4lead-acid battery who ships or arranges for the shipment of used
5lead-acid batteries to a lead-acid battery recycling facility may
6elect to be considered a manufacturer for purposes of subdivision
7(a). To so elect, the wholesaler shall notify the manufacturer of
8the lead-acid battery from which the wholesaler purchased the
9lead-acid battery, the department, and the board of its intent to be
10considered a manufacturer for those purposes and shall remit a
11manufacturer battery fee for each lead-acid battery purchased from
12the notified manufacturer. The wholesaler shall register with the
13board pursuant to subdivision (b) of Section 25215.45 and provide
14at least 30 days’ notice to the manufacturer, the department, and
15the board before the wholesaler is considered a manufacturer under
16subdivision (a). If a wholesaler under this subdivision only remits
17a manufacturer battery fee for a portion of the manufacturer’s
18lead-acid battery inventory sold in the state, the manufacturer shall
19remain responsible for remittance of the manufacturer battery fee
20for the remaining lead-acid batteries sold in the state. Multiple
21wholesalers may remit manufacturer battery fees for their sales of
22batteries from a single manufacturer. Regardless of the number of
23wholesalers paying manufacturer battery fees for sales of a
24manufacturer’s batteries, the manufacturer shall remain responsible
25for manufacturer battery fees not paid by a wholesaler.

26(B) A manufacturer shall not be required to pay the manufacturer
27battery fee that is to be paid by a wholesaler pursuant to this
28subdivision if both of the following conditions are met:

29(i) The manufacturer has been notified by the wholesaler and
30the board of the wholesaler’s election to be considered a
31manufacturer and the wholesaler’s intent to remit the manufacturer
32battery fee for each lead-acid battery purchased from the notified
33manufacturer.

34(ii) The manufacturer has registered with the board pursuant to
35subdivision (b) of Section 25215.45, and submits informational
36returns to the board in a manner and form to be determined by the
37board.

38(2) A wholesaler that provides notice pursuant to paragraph (1)
39shall be considered a manufacturer for purposes of subdivision (a)
40 until 60 days after the wholesaler provides notice to the board, the
P12   1department, and the manufacturer of the lead-acid battery of the
2wholesaler’s intention to no longer be considered a manufacturer.
3If the manufacturer of the lead-acid batteries for which the
4wholesaler elects to no longer pay a manufacturer battery fee has
5not registered with the board, the wholesaler shall continue to be
6considered a manufacturer until notified by the board that the
7manufacturer has registered with the board.

8(3) The board shall establish appropriate procedures for
9providing notifications pursuant to this subdivision.

10(c) (1)

end delete

11begin insert(b)end insert Manufacturer battery fees shall be paid to the board in a
12manner and form as prescribed by the board and at the time the
13 return is required to be filed, as specified in Section 25215.47.

begin insert

14
(c) This section shall become inoperative on April 1, 2022, and,
15as of January 1, 2023, is repealed, unless a later enacted statute,
16that becomes operative on or before January 1, 2023, deletes or
17extends the dates on which it becomes inoperative and is repealed.

end insert
begin delete
18

25215.4.  

(a) A manufacturer otherwise exempt from the
19manufacturer battery fee pursuant to Section 25215.35 may elect
20to submit an additional manufacturer battery fee of one dollar ($1)
21per lead-acid battery that is otherwise paid by a wholesaler. A
22manufacturer described in this section shall be subject to Section
2325215.55.

24(b) An additional manufacturer battery fee that is paid by a
25manufacturer under subdivision (a) shall be treated as a
26manufacturer battery fee for purposes of this article and shall be
27administered as a manufacturer battery fee. If a manufacturer elects
28to submit an additional manufacturer battery fee under subdivision
29(a), only that manufacturer may pay the fee and that manufacturer
30shall not assign the payment of that fee to another party.

31(c) The election of an otherwise exempt manufacturer to pay
32an additional manufacturer battery fee does not relieve a wholesaler
33who makes the election described in subdivision (b) of Section
3425215.35 from his or her liability to pay a manufacturer battery
35fee.

36(d) A manufacturer that elects to pay an additional manufacturer
37battery fee pursuant to this section shall be prohibited from
38imposing or passing on the fee to a wholesaler or dealer.

39(e) A manufacturer that elects to pay an additional manufacturer
40battery fee shall provide notice of that election to the board no less
P13   1than 30 days before the date he or she intends to begin paying the
2additional manufacturer battery fee. The manufacturer shall register
3with the board pursuant to subdivision (b) of Section 25215.45
4and shall submit returns to the board in a manner and form to be
5determined by the board.

6(f) If an otherwise exempt manufacturer that elects to pay an
7additional manufacturer battery fee no longer elects to pay that
8fee, that manufacturer shall provide notice to the board no less
9than 30 days before the date he or she intends to stop paying that
10fee.

11(g) The board shall establish by regulation procedures for
12providing notifications pursuant to this section.

end delete
13

25215.45.  

(a) (1) Except as provided in paragraph (2), the
14lead-acid battery fees imposed pursuant to Sections 25215.25 and
1525215.35 shall be collected by the board in accordance with the
16Fee Collection Procedures Law (Part 30 (commencing with Section
1755001) of Division 2 of the Revenue and Taxation Code). For the
18purposes of this section, the reference to “feepayer” shall include
19a begin delete dealer, manufacturer, importer, and wholesaler, including a
20wholesaler that makes an election pursuant to paragraph (1) of
21subdivision (b) of Section 25215.35, but shall not include a
22manufacturer that makes a voluntary payment pursuant to Section
2325215.4 as to that voluntary payment.end delete
begin insert dealer and manufacturer.end insert

24(2) Notwithstanding the petition for redetermination and claim
25for refund provisions of the Fee Collection Procedures Law (Article
263 (commencing with Section 55081) of Chapter 3 of, and Article
271 (commencing with Section 55221) of Chapter 5 of, Part 30 of
28Division 2 of the Revenue and Taxation Code), the board shall not
29do either of the following:

30(A) Accept or consider any petition for redetermination of fees
31determined under this article if the petition is founded upon the
32grounds that a battery is or is not a lead-acid battery, as defined in
33Section 25215.1. The board shall forward to the department any
34petition for redetermination that is based on those grounds.

35(B) Accept or consider a claim for refund of fees paid pursuant
36to this article, if the claim for refund is founded upon the grounds
37that a battery is or is not a lead-acid battery, as defined in Section
38 25215.1. The board shall forward to the department any claim for
39refund that is based on these grounds.

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

P14   1(1) A dealer of lead-acidbegin delete batteries in the state.end deletebegin insert batteries.end insert

2(2) A manufacturer of lead-acidbegin delete batteries in the state, including
3a manufacturer that voluntarily pays a manufacturer battery fee,
4as provided in Section 25215.4.end delete
begin insert batteries.end insert

begin delete

5(3) An importer of lead-acid batteries into the state.

end delete
begin delete

6(4) A wholesaler of lead-acid batteries in the state, including a
7wholesaler that elects to be considered a manufacturer, as provided
8in Section 25215.35.

end delete
9

25215.47.  

(a) The return required to be filed pursuant to
10Section 55040 of the Revenue and Taxation Code shall be prepared
11and filed by the person required to register with the board, in the
12form prescribed by the board, and shall contain the information
13the board deems necessary or appropriate for the proper
14administration of this article and the Fee Collection Procedures
15Law. Except as provided in subdivision (b), the return shall be
16filed on or before the last day of the calendar month following the
17calendar quarter to which the return relates, together with a
18remittance payable to the board for the fee amount due for that
19period. Returns shall be filed with the board using electronic media
20and authenticated in a form, or pursuant to methods, as may be
21prescribed by the board.

22(b) The board may require the payment of the fee and the filing
23of the returns for other than quarterly periods.

24

25215.5.  

(a) Lead-acid battery fees collected pursuant to this
25article shall be managed as follows:

26(1) The board shall retain moneys necessary for the payment of
27refunds and reimbursement of the board for expenses in the
28collection of the fees.

29(2) The remaining moneys shall be deposited into the Lead-Acid
30Battery Cleanup Fund, which is hereby created in the State
31Treasury, andbegin delete are hereby be continuously appropriated, without
32regard to fiscal year, to the department, except as provided in
33Section 124166,end delete
begin insert is available upon appropriation by the Legislature
34to the departmentend insert
forbegin insert theend insert purposesbegin delete of the lead-acid battery activities
35specified in subdivision (b).end delete
begin insert specified in this section.end insert

36(b) begin insert(1)end insertbegin insertend insert Moneys in the Lead-Acid Battery Cleanup Fund shall
37be expended for the following activities:

begin delete

38(1)

end delete

39begin insert(A)end insert Investigation, site evaluation, cleanup,begin delete abatement, remedy,end delete
40begin insert remedial action,end insert removal, monitoring, or other response actions
P15   1at any area of the state thatbegin delete hasend deletebegin insert is reasonably suspected to haveend insert
2 been contaminated by thebegin delete production, recycling, or improper
3disposalend delete
begin insert operationend insert ofbegin insert aend insert lead-acidbegin delete batteries.end deletebegin insert battery recycling
4facility.end insert

begin delete

5(2)

end delete

6begin insert(B)end insert Administration of the Lead-Acid Battery Cleanupbegin delete Fund.end delete
7
begin insert Fund and the department’s administration and implementation of
8 this article.end insert

begin delete

9(3)

end delete

10begin insert(C)end insert Repayment of a loan described in Sectionbegin delete 25215.6end deletebegin insert 25215.59end insert
11 that was made before the effective date of the act which added this
12section, or any other loan made for purposes set forth inbegin delete paragraph
13(1).end delete
begin insert subparagraph (A).end insert

begin delete

14(4) Establishment and administration of the Lead Advisory
15Committee pursuant to Section 124166.

end delete

16
begin insert(2)end insertbegin insertend insertbegin insertMoneys in the Lead-Acid Battery Cleanup Fund shall not
17be used to implement Article 14 (commencing with Section 25251)
18with respect to lead-acid batteries or to loan moneys to any other
19program.end insert

20(c) The department shall reportbegin insert to the Legislature by February
211, 2018, andend insert
annuallybegin delete to the Governor and to the Legislatureend delete
22begin insert thereafter,end insert on the status of the Lead-Acid Battery Cleanup Fund
23and on the department’s progressbegin delete to implementend deletebegin insert implementingend insert this
24article, including, but not limited to, the sites at which actions were
25performed using moneys from the fund, the status of cleanup at
26those sites, including total anticipated costs of cleanup at those
27sites, the balance of the fund, the amount of fees remitted to the
28fund, the amount spent by the fund and the purposes for which
29those amounts were spent, the amounts reimbursed to the board
30pursuant to paragraph (1) of subdivision (a), and any other
31information requested by thebegin delete Governor or theend delete Legislature.

begin delete
32

25215.55.  

(a) The maximum balance in the Lead-Acid Battery
33Cleanup Fund shall be one hundred million dollars ($100,000,000).

34(b) The minimum balance in the Lead-Acid Battery Cleanup
35Fund shall be thirty million dollars ($30,000,000).

36(c) If the balance in the Lead-Acid Battery Cleanup Fund reaches
37the maximum limit set forth under subdivision (a), the manufacturer
38battery fee shall, beginning on the first day of the following
39calendar quarter, be reduced to zero dollars ($0.00) for the
40remainder of the calendar year.

P16   1(d) If, as of October 1 of any calendar year, the balance in the
2Lead-Acid Battery Cleanup Fund is equal to or less than the
3minimum limit set forth under subdivision (b), the manufacturer
4battery fee shall revert back to the fee set forth in Section 25215.35
5on January 1 of the following calendar year.

6(e) (1) The department and the board shall establish by
7regulation procedures to provide notice between the department,
8the board, and the Department of Finance regarding the Lead-Acid
9Battery Cleanup Fund balance and the adjustment of the
10manufacturer battery fee amount. The department shall determine
11whether an adjustment of the manufacturer battery fee is necessary
12and shall provide written notice to registered lead-acid battery
13manufacturers no less than 60 days before the effective date of
14change in the manufacturer battery fee amount pursuant to
15subdivision (c) or (d).

16(2) If the manufacturer battery fee is reverted pursuant
17subdivision (d) and the department does not provide the notice
18required under paragraph (1) to a manufacturer, that manufacturer
19shall not be in violation of this article if the manufacturer fails to
20remit the manufacturer battery fee.

end delete
begin insert
21

begin insert25215.56.end insert  

(a) Any manufacturer battery fees paid remitted
22pursuant to this article shall be credited against amounts owed by
23the manufacturer to the state pursuant to a judgment or
24determination of liability under Chapter 6.8 (commencing with
25Section 25300) or any other law for removal, remediation, or other
26response costs relating to a release of a hazardous substance from
27a lead-acid battery recycling facility. A manufacturer shall not
28seek more than one credit for the same fee amount. This subdivision
29does not apply to any manufacturer who is also an owner or
30operator of a lead-acid battery recycling facility in California.

31
(b) The amount paid by a manufacturer for a manufacturer
32battery fee shall be considered to reduce the manufacturer’s share
33of liability in the allocation or apportionment of costs among
34potentially responsible parties in a contribution action brought
35by a private party related to a release of hazardous substances
36from a lead-acid battery recycling facility. This subdivision does
37not apply to any manufacturer who is also an owner or operator
38or a former owner or operator of a lead-acid battery recycling
39facility in California where a release occurred.

P17   1
(c) This article does not create a private cause of action. Nothing
2in this article shall be construed to affect, expand, alter, or limit
3any requirements, duties, rights, or remedies under other law, or
4limit the state or any other party from bringing any cause of action
5that may exist under any law.

end insert
6

begin delete25215.6.end delete
7
begin insert25215.59.end insert  

If the state loans money from the General Fund to
8the Toxic Substances Control Account for the cleanup of lead
9contamination in the state, the following shall apply:

10(a) Money from the Lead-Acid Battery Cleanup Fund may be
11used towards repaying thebegin delete loan.end deletebegin insert loan that was made before the
12effective date of the act that added this section, or any other loan
13of public funds made for the purposes set forth in subparagraph
14(A) of paragraph (1) of subdivision (b) of Section 25215.5.end insert

15(b) Any moneys designated as repayment of the loan shall be
16deposited to that loan, but shall be available to be loaned to the
17Toxic Substances Control Account for the purposes of cleaning
18up areas of the state thatbegin insert are reasonably suspected toend insert have been
19contaminatedbegin delete with leadend delete by thebegin delete production, handling, storage,
20reclamation, or improper disposalend delete
begin insert operationend insert ofbegin insert aend insert lead-acidbegin delete batteries.end delete
21
begin insert battery recycling facility.end insert

22

25215.65.  

On and after July 1, 2017, a manufacturer shall place
23a recycling symbol consistent with the requirements of Section
24103(b)(1) of the Federal Mercury Containing and Rechargeable
25Battery Management Act, Pub. L. No. 104-142 (1996) (42 U.S.C.
2614301(b)(1)) and either “Pb” or the words “lead,” “return,” and
27“recycle” on all replacement lead-acid batteries sold in California.
28
begin insert For purposes of this section, an entity that engages another party
29to manufacture batteries on its behalf shall be deemed the
30manufacturer.end insert

31

25215.72.  

One million two hundred thousand dollars
32($1,200,000) shall be loaned from thebegin delete General Fund or a special
33fundend delete
begin insert California Tire Recycling Management Fundend insert to the board
34for implementing the collection of the California battery fee and
35the manufacturer battery fee and shall be repaid from the proceeds
36ofbegin delete the collection ofend deletebegin insert thoseend insert fees pursuant to this article no later than
37October 1, 2017.begin insert The Director of Finance shall order the
38repayment of all or a portion of this loan if he or she determines
39that either of the following circumstances exist:end insert

begin insert

P18   1
(a) The fund or account from which the loan was made has a
2need for the moneys.

end insert
begin insert

3
(b) There is no longer a need for the moneys by the board.

end insert
4

25215.74.  

(a) The board may prescribe, adopt, and enforce
5regulations relating to the administration and enforcement of this
6article, including, but not limited to, registration, collections,
7reporting, notices for manufacturers,begin delete notices for wholesalers
8regarding elections pursuant to paragraph (1) of subdivision (b)
9of Section 25215.35,end delete
refunds, and appeals.

10(b) The board may prescribe, adopt, and enforce any emergency
11regulations as necessary to implement this article. Any emergency
12regulation prescribed, adopted, or enforced pursuant to this article
13shall be adopted in accordance with Chapter 3.5 (commencing
14with Section 11340) of Part 1 of Division 3 of Title 2 of the
15Government Code, and, for purposes of that chapter, including
16Section 11349.6 of the Government Code, the adoption of the
17regulation is an emergency and shall be considered by the Office
18of Administrative Law as necessary for the immediate preservation
19of the public peace, health and safety, and general welfare.
20Emergency regulations adopted pursuant to this subdivision shall
21remain in effect until regulations have been adopted pursuant to
22subdivision (a).

23

25215.75.  

This article shall become operative on January 1,
242017.

25

SEC. 2.  

Section 25215.5.5 is added to Article 10.5
26(commencing with Section 25215) of Chapter 6.5 of Division 20
27of the Health and Safety Code, as added by Chapter 209 of the
28Statutes of 1988, to read:

29

25215.5.5.  

This article shall remain in effect only until January
301, 2017, and as of that date is repealed, unless a later enacted
31statute, that is enacted before January 1, 2017, deletes or extends
32that date.

begin delete
33

SEC. 3.  

Section 124166 is added to the Health and Safety Code,
34to read:

35

124166.  

(a) On or before October 1, 2017, the Office of
36Environmental Health Hazard Assessment shall convene a Lead
37Advisory Committee to review and advise regarding policies and
38procedures to reduce childhood lead poisoning in the state. Until
39October 1, 2019, the committee shall meet quarterly and, by that
40date, shall publish a recommended regulatory agenda for the state
P19   1that would identify sources of lead that affect children and ensure
2that regulatory standards are protective of the health of the children
3of this state. After October 1, 2019, the committee shall meet twice
4a year.

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

6(1) One member shall be a lead exposure assessment expert.

7(2) One member shall be a biostatistian or epidemiology expert.

8(3) One member shall be a pediatrician.

9(4) One member shall be an occupational health expert.

10(5) One member shall be a lead remediation expert.

11(6) Two members shall be representatives from environmental
12justice organizations that work on lead contamination.

13(7) Two members shall be local government representatives
14from lead poisoning prevention programs.

15(8) One member shall be a representative from the program
16established pursuant to this article.

17(9) One member shall be a representative of industries that use
18lead in producing their products.

19(10) One member shall be a representative of the lead recycling
20industry.

21(11) One member shall be a representative of the civil aviation
22industry.

23(12) One member shall be a representative of industries not
24otherwise represented on the committee that are emitters of
25significant quantities of lead into the air of the state.

26(c) In its recommended regulatory agenda, the committee shall
27do all of the following:

28(1) Evaluate of each of the following:

29(A) The program established pursuant to this article.

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

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

32(D) Each county’s healthy homes program.

33(2) Address remedial action strategies that should be considered
34by the Department of Toxic Substances Control when approving
35remedial action plans.

36(3) Advise state and local entities on how to better use
37biomonitoring data that the state receives to identify opportunities
38to prevent lead poisoning.

39(4) Review existing regulatory provisions for the protection and
40health of children in California and recommend any appropriate
P20   1changes to any regulations that have not been revised on or after
2January 1, 2011.

3(5) Provide advice on how to align the state’s lead regulatory
4framework with the Center for Disease Control and Prevention’s
5most recent findings on the toxicity of lead to children.

6(6) Identify key policies, regulations, and protocols for state
7agencies to follow to better protect California’s children from lead
8exposure.

9(d) Each member of the committee shall receive reasonable and
10necessary traveling expenses and meal allowances as approved by
11the Office of Environmental Health Hazard Assessment for each
12day spent in actual attendance at, or in traveling to and from,
13meetings of the committee.

14(e) Commencing July 1, 2017, and until July 1, 2019, for each
15fiscal year, two hundred fifty thousand dollars ($250,000) is hereby
16annually appropriated from the Lead-Acid Battery Cleanup Fund,
17established pursuant to Section 25215.5, to the Office of
18Environmental Health Hazard Assessment for purposes of
19establishing and administering the Lead Advisory Committee. On
20and after July 1, 2019, one hundred thousand dollars ($100,000)
21is hereby annually appropriated for each fiscal year from the
22Lead-Acid Battery Cleanup Fund for these purposes.

23

SEC. 4.  

Each

end delete
24begin insert

begin insertSEC. 3.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertOn or before January 1, 2017, each end insertmanufacturer
25of lead-acid batteries sold in this state shall notify the distributors,
26wholesalers, and dealers of the lead-acid batteries it manufactures
27of the requirements set forth in Article 10.5 (commencing with
28Section 25215) of Chapter 6.5 of Division 20 of the Health and
29Safety Code, as it will read on and after January 1, 2017.

begin insert

30
(b) This section shall be repealed as of January 1, 2017.

end insert
31

begin deleteSEC. 5.end delete
32
begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
39the meaning of Section 6 of Article XIII B of the California
40Constitution.

P21   1

begin deleteSEC. 6.end delete
2
begin insertSEC. 5.end insert  

This act is an urgency statute necessary for the
3immediate preservation of the public peace, health, or safety within
4the meaning of Article IV of the Constitution and shall go into
5immediate effect. The facts constituting the necessity are:

6In order to increase the cleanup of toxic materials and to prevent
7additional toxic pollution at the earliest possible time, it is
8necessary that this act take effect immediately.



O

    92