BILL NUMBER: AB 1787 CHAPTERED 10/05/93 BILL TEXT CHAPTER 817 FILED WITH SECRETARY OF STATE OCTOBER 5, 1993 APPROVED BY GOVERNOR OCTOBER 3, 1993 PASSED THE ASSEMBLY AUGUST 30, 1993 PASSED THE SENATE AUGUST 19, 1993 AMENDED IN SENATE AUGUST 16, 1993 AMENDED IN ASSEMBLY APRIL 14, 1993 INTRODUCED BY Assembly Member Bowen MARCH 4, 1993 An act to add Sections 15008 and 15009 to, and to add Chapter 4 (commencing with Section 15020) to Division 12.2 of, the Public Resources Code, relating to batteries. LEGISLATIVE COUNSEL'S DIGEST AB 1787, Bowen. Household batteries. (1) Existing law requires the California Integrated Waste Management Board to conduct a study regarding the recycling or disposal of household batteries. This bill would prohibit the sale of dry cell, alkaline manganese, and zinc-carbon batteries containing mercury, and mercuric oxide button cell batteries, as specified. Those provisions would not become operative unless AB 1769 is enacted and takes effect on or before January 1, 1994. Since violation of the prohibition would be a misdemeanor, the bill would impose a state-mandated local program by creating new crimes. (2) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15008 is added to the Public Resources Code, to read: 15008. "Mercuric oxide button cell battery" means a battery which contains mercuric oxide electrodes, resembles buttons in size and shape, and is used in consumer products such as hearing aids. SEC. 2. Section 15009 is added to the Public Resources Code, to read: 15009. "Mercuric oxide battery" means a battery containing mercuric oxide electrodes, except that mercuric oxide button cells are excluded from this definition. SEC. 3. Chapter 4 (commencing with Section 15020) is added to Division 12.2 of the Public Resources Code, to read: CHAPTER 4. MERCURY IN BATTERIES 15020. No person shall sell any dry cell battery manufactured on and after January 1, 1994, for household use in which the mercury content, by weight, exceeds the following limits: (a) In an alkaline battery, 0.025 percent. (b) In a carbon-zinc battery, 0.0 percent intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials. 15021. On and after January 1, 1994, no person shall manufacture or sell any mercuric oxide button cell battery of any type or for any use. 15022. No person shall sell any alkaline manganese battery manufactured on or after January 1, 1996, if the battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials. However, the mercury content in alkaline manganese button cell batteries shall not exceed 25 milligrams of mercury per button cell. 15023. No person shall sell any zinc-carbon battery manufactured on or after January 1, 1994, if the battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials. 15024. Any violation of this chapter is a misdemeanor. SEC. 4. Sections 1 to 3, inclusive, of this act shall not become operative unless Assembly Bill 1769 is enacted and takes effect on or before January 1, 1994, and Assembly Bill 1769 repeals and adds Division 12.2 (commencing with Section 15000) of the Public Resources Code. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.