BILL NUMBER: AB 2153 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Cristina Garcia
(Coauthor: Assembly Member Santiago)
FEBRUARY 17, 2016
An act to add Sections Section
25215.5.5 and 124166 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 bill, on and after April
1, 2017, would require a dealer to collect a refundable
deposit, as specified, deposit 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, until March 31, 2022,
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 Equalization (state board). 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.
This bill, on and after April 1, 2017, until March 31, 2022,
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.
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. 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.
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 make the moneys
available upon appropriation by the Legislature for purposes of
response actions at areas any area of
the state that is reasonably suspected to have been
contaminated by the production, recycling, or improper
disposal operation of a lead-acid
batteries, battery recycling facility,
administration of the fund, fund, the
department's administration and implementation of the act's
provisions, and reimbursement of certain loans for lead
cleanup, and the establishment and administration of a Lead Advisory
Committee. cleanup. The bill would make the
reimbursement money available for further loans, as specified. The
bill would require $1,200,000 be loaned from the General
Fund or a special fund California Tire Recycling
Management 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 require, by
February 1, 2018, and annually thereafter, 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 require, on or
before January 1, 2017, manufacturers to notify distributors,
wholesalers, and dealers of the lead-acid batteries it manufactures
of the bill's requirements, as specified.
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.
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.
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 no .
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 except a natural
person. person or a city, county, city and county,
district, commission, the state, or any department,
agency, or political subdivision of any of those, or an interstate
body or, to the extent permitted by law, the United States and its
agencies and instrumentalities.
(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) "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:
(1) As a starting battery that is designed to deliver a high burst
of energy to an internal combustion engine until it starts.
(2) As a motive power battery that is designed to provide the
source of power for propulsion or operation of a vehicle, including a
watercraft.
(3) 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.
(4) 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.
(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 that is in the business of manufacturing lead-acid batteries
engages a third party to manufacture lead-acid batteries on its
behalf, thatentity shall be deemed the manufacturer of those
lead-acid batteries. state.
(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.
Code and any person that previously met that definition or is the
legal successor to a person that meets the definition or
previously met the definition.
(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.
(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.
(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
either 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) On and after April 1, 2017, a 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.
(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 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.
(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 an order
or filing an action imposing 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,
order is issued or the action is filed the
department shall not issue impose the
civil penalty.
(e) 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.
(f) 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, until March
31, 2022, a California battery fee of one dollar ($1) shall be
imposed on a person, not including a business that will
resell the battery, person 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. On
and after April 1, 2022, the amount of the fee shall be
two dollars ($2).
(2) The Except for sales to businesses,
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) (1) The Except for sales to
businesses, the California battery fee imposed pursuant to
subdivision (a) shall be separately stated by the dealer on the
invoice given to a person 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.
(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.
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.
(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)
(b) 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.
(c) This section shall become inoperative on April 1, 2022, and,
as of January 1, 2023, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2023, deletes or
extends the dates on which it becomes inoperative and is repealed.
25215.4. (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.
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 Section
25215.4 as to that voluntary payment. dealer and
manufacturer.
(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.
batteries.
(2) A manufacturer of lead-acid batteries in the state,
including a manufacturer that voluntarily pays a manufacturer battery
fee, as provided in Section 25215.4. batteries.
(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 filed with the
board using electronic media and authenticated in a form, or pursuant
to methods, as may be prescribed by the board.
(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 department, except as provided in Section
124166, is available upon appropriation by the
Legislature to the department for the purposes
of the lead-acid battery activities specified in subdivision
(b). specified in this section.
(b) (1) Moneys in the Lead-Acid Battery
Cleanup Fund shall be expended for the following activities:
(1)
(A) Investigation, site evaluation, cleanup,
abatement, remedy, remedial action, removal,
monitoring, or other response actions at any area of the state that
has is reasonably suspected to have
been contaminated by the production, recycling, or improper
disposal operation of a lead-acid
batteries. battery recycling facility.
(2)
(B) Administration of the Lead-Acid Battery Cleanup
Fund. Fund and the department's
administration and implementation of this article.
(3)
(C) Repayment of a loan described in Section
25215.6 25215.59 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).
subparagraph (A).
(4) Establishment and administration of the Lead Advisory
Committee pursuant to Section 124166.
(2) Moneys in the Lead-Acid Battery
Cleanup Fund shall not be used to implement Article 14 (commencing
with Section 25251) with respect to lead-acid batteries or to loan
moneys to any other program.
(c) The department shall report to the Legislature by
February 1, 2018, and annually to the
Governor and to the Legislature thereafter, on
the status of the Lead-Acid Battery Cleanup Fund and on the
department's progress to implement
implementing 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.
25215.55. (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.
25215.56. (a) Any manufacturer battery fees paid remitted
pursuant to this article shall be credited against amounts owed by
the manufacturer to the state pursuant to a judgment or determination
of liability under Chapter 6.8 (commencing with Section 25300) 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. A manufacturer shall not seek more than
one credit for the same fee amount. This subdivision does not apply
to any manufacturer who is also an owner or operator of a lead-acid
battery recycling facility in California.
(b) The amount paid by a manufacturer for a manufacturer battery
fee shall be considered to reduce the manufacturer's share of
liability in the allocation or apportionment 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. This subdivision does not apply
to any manufacturer who is also an owner or operator or a former
owner or operator of a lead-acid battery recycling facility in
California where a release occurred.
(c) This article does not create a private cause of action.
Nothing in this article shall be construed to affect, expand, alter,
or limit any requirements, duties, rights, or remedies under other
law, or limit the state or any other party from bringing any cause of
action that may exist under any law.
25215.6. 25215.59. 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. loan that was made
before the effective date of the act that added this section, or any
other loan of public funds made for the purposes set
forth in subparagraph (A) of paragraph (1) of subdivision (b) of
Section 25215.5.
(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 are reasonably suspected to have
been contaminated with lead by the
production, handling, storage, reclamation, or improper disposal
operation of a lead-acid
batteries. battery recycling facility.
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. For purposes
of this section, an entity that engages another party to manufacture
batteries on its behalf shall be deemed the manufacturer.
25215.72. One million two hundred thousand dollars ($1,200,000)
shall be loaned from the General Fund or a special fund
California Tire Recycling Management 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 those
fees pursuant to this article no later than October 1, 2017. The
Director of Finance shall order the repayment of all or a portion of
this loan if he or she determines that either of the following
circumstances exist:
(a) The fund or account from which the loan was made has a need
for the moneys.
(b) There is no longer a need for the moneys by the board.
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 that 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.
SEC. 3. Section 124166 is added to the Health
and Safety Code, to read:
124166. (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.
SEC. 4. Each
SEC. 3. (a) On or before
January 1, 2 017, 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.
(b) This section shall be repealed as of January 1, 2017.
SEC. 5. SEC. 4. 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.
SEC. 6. SEC. 5. 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.