BILL NUMBER: SB 1100 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Corbett
FEBRUARY 17, 2010
An act to add Article 3 (commencing with Section 42450.1) to
Chapter 8 of Part 3 of Division 30 of the Public Resources Code,
relating to product stewardship.
LEGISLATIVE COUNSEL'S DIGEST
SB 1100, as amended, Corbett. Product stewardship: household
batteries.
The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
is required to reduce, recycle, and reuse solid waste generated in
the state to the maximum extent feasible in an efficient
cost-effective manner to conserve water, energy, and other natural
resources.
This bill would require the department by January 1, 2012, to
establish a baseline collection rate for the amount of household
batteries that are discarded and subsequently collected. The bill
would provide a procedure for determining the collection rate
applicable commencing January 1, 2013.
The bill would require, by September 30, 2011, a producer or the
product stewardship organization created by one or more producers of
a covered product to submit a product stewardship plan to the
department, which would be required to include specified elements,
including performance goals and product goals
and a collection rate for the household batteries subject to the
plan, calculated in a specified following manner . By
January 1, 2012, the The department would be
required to review and either approve or disapprove the
a product stewardship plan submitted to the
department and deem the plan either complete or incomplete
within 45 days after receipt .
The bill would prohibit a producer , wholesaler, or
retailer, on and after January 1, 2012, from selling a household
battery unless the producer or product stewardship
organization of the household battery has submitted a plan
to the department that for that battery
is approved deemed completed
by the department. The act would require a producer of a
household battery to collect implement
the household battery program pursuant to the product
stewardship plan and to meet the performance goals included
in the product stewardship plan , including achieving
the collection rate .
Each producer or product stewardship organization implementing a
product stewardship plan would be required to prepare and submit to
the department an annual report describing the activities carried out
pursuant to the product stewardship plan and the department
would be required to adopt regulations, by January 1, 2012,
specifying the information required to be included in the annual
product stewardship plan report .
A producer or product stewardship organization submitting a
product stewardship plan would be required to pay the department an
unspecified fee when submitting the plan for review and approval and
to pay an annual unspecified administrative fee ,
determined as an unspecified percentage of the costs of implementing
the plan . The bill would provide for the imposition of
administrative civil penalties upon a producer who
that does not comply with the bill's requirements or a
producer , wholesaler, or retailer selling household
batteries in violation of the bill. The bill would create the
Household Battery Stewardship Account in the existing Integrated
Waste Management Fund and would require that the administrative fees
be deposited into that account and that the penalties be deposited
into the Household Battery Stewardship Penalty Subaccount that the
bill would create in that account. The bill would authorize the fees
and penalties to be expended, upon appropriation by the Legislature,
to cover the department's program implementation costs and as
incentives to enhance recyclability and redesign efforts and to
reduce environmental and safety impacts of household batteries.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In early 2006, all household batteries were classified by the
state as universal waste and prohibited from being disposed of in
solid waste landfills. Under state law, "household batteries"
means batteries made of mercury, alkaline, carbon-zinc,
nickel-cadmium, and other batteries typically generated as household
waste, including, but not limited to, batteries used in hearing aids,
cameras, watches, computers, calculators, flashlights, lanterns,
standby and emergency lighting, portable radio and television sets,
meters, toys, and clocks, but excluding lead-acid
batteries.
(b) Effective July 1, 2006, state law prohibited most retailers
from selling rechargeable batteries in the state unless they have a
system in place for collecting used rechargeable batteries from
consumers.
(c) Approximately 80 percent of batteries sold in this state are
alkaline batteries, and are not covered under the retail take-back
requirements.
(d) Local governments throughout the state are responsible for the
collection and management of household batteries, and to manage this
hazardous waste, these local governments and taxpayers pay an
average of eight hundred dollars ($800) per ton, or tens of millions
of dollars each year.
(e) Because other types of recycling programs have proven to have
limited success, state and regional governments in Europe and Canada
have adopted producer responsibility programs to redirect the
responsibility for the end-of-life management of discarded hazardous
and hard to manage products from local governments and retailers
primarily to producers.
(f) The After many public hearings and
discussions, the former California Integrated Waste Management
Board adopted an overall Framework for an Extended Producer
Responsibility (EPR) guidance document as a policy priority in
January 2008.
(g) The program established by this act is intended to reduce
costs to local government, to harmonize the state's producer
responsibility obligations with other national and international
programs, and to enhance the protection of public health and
environment through safer product design, use , and
end-of-life management.
SEC. 2. Article 3 (commencing with Section 42450.1) is added to
Chapter 8 of Part 3 of Division 30 of the Public Resources Code, to
read:
Article 3. Product Stewardship for Household Batteries
42450.1. For purposes of this article, and unless the context
otherwise requires, the definitions in this article govern the
construction of this article.
(a) "Brand" means a name, symbol, word, or mark that identifies a
household battery, rather than its components, and attributes the
household battery to the owner or licensee of the brand as the
producer.
(b) "Collection rate" means a quantitative measure
established in each household battery stewardship plan that
establishes the amount of household batteries required to be
collected by the household battery stewardship system for that
household battery by an established date. The collection rate is
included as a component of the performance
product goals for a household battery.
(c) "Department" means the Department of Resources Recycling and
Recovery.
(d) "Household battery" has the same meaning as defined in
subdivision (c) of Section 42450.
(e) "Performance goal" means the collection rate of household
batteries and may include, but is not limited to, the reuse and
recycling rates established by the household battery stewardship plan
for that household battery.
(e) "Household battery stewardship organization" means an
organization appointed by one or more producers to act as an agent on
behalf of the producer to design, submit, and administer a household
battery stewardship plan pursuant to this article.
(f) "Household battery stewardship plan" or "plan" means a plan
written by an individual producer or a household battery stewardship
organization, on behalf of one or more producers, that includes all
of the information required by Section 42450.2.
(f)
(g) "Producer" shall be determined, with regard to a
household battery that is sold, offered for sale, or distributed in
the state, as meaning one of the following:
(1) The person who manufactures the household battery and who
sells, offers for sale, or distributes that household battery in the
state under that person's own name or brand.
(2) If there is no person who sells, offers for sale, or
distributes the household battery in the state under the person's own
name or brand, the producer of the household battery is the owner or
licensee of a trademark or brand under which the household battery
is sold or distributed in the state, whether or not the trademark is
registered.
(3) If there is no person who is a producer of the household
battery for purpose of paragraphs (1) and (2), the producer of that
household battery is the person who imports the household battery
into the state for sale or distribution.
(g)
(h) "Product stewardship" means requiring the producer
of a household battery, and all other entities involved in the
distribution chain of a household battery, to share in the
responsibility of reducing the life cycle impact of the household
battery and its packaging, including requiring the producer who makes
design and marketing decisions for the household battery to bear the
primary responsibility for this reduction.
(k) "Product stewardship organization" means an organization
appointed by one or more producers to act as an agent on behalf of
the producer to design, submit, and administer a household battery
stewardship plan pursuant to this article.
(l) "Product stewardship plan" or "plan" means a plan written by
an individual producer or a household battery stewardship
organization, on behalf of one or more producers, that includes all
of the information required by Section 42450.4.
(m)
(i) "Product goal" means those qualitative or
quantitative goals determined by the producer to measure
improvements that reduce the life cycle impacts of a household
battery. determined by the producer to address and
measure source reduction, design, material content, packaging, and
end-of-life management.
(j) "Program" means the system for the collection, transportation,
recycling, and disposal of household batteries pursuant to a
completed household battery stewardship plan that is financed and
managed or provided by an individual producer, or collectively by one
or more producers.
(n)
(k) "Recycling rate" means a quantitative measure that
establishes the amount of collected household batteries that is
recycled as compared to the total amount of household batteries that
is collected, including the amount of the household batteries that is
discarded for reuse, energy recovery, or safe disposal.
(o)
(l) "Reuse rate" means a quantitative measure that
establishes the amount of collected household batteries that is
reused as compared to the total amount of household batteries that is
collected, including the amount of household batteries that is
discarded by recycling, energy recovery, or safe disposal.
(p)
(m) "Reporting period" means the period commencing
January 1 and ending on December 31 of the same calendar year.
(q)
(n) "Retailer" means a person that offers new household
batteries in a retail sale, as defined in Section 6007 of the
Revenue and Taxation Code, including a retail sale at retail through
any means, including remote offerings such as sales outlets,
catalogs, or an Internet Web site.
(r)
(o) "Sell" or "sales" means any transfer of title of a
household battery for consideration, including a remote sale
conducted through a sale outlet, catalog, or Internet Web site or
similar electronic means, but does not include a lease.
(p) "Wholesaler" means a person that offers new household
batteries for sale in this state in a sale that is not a retail sale,
as defined in Section 6007 of the Revenue and Taxation Code, and for
which the household battery is intended to be resold.
42450.2. On or before January 1, 2012, the department shall
establish a baseline collection rate for the amount of household
batteries that is discarded and subsequently collected, based on
existing collection data.
42450.3. (a) The collection rate for a household battery shall be
determined in the following manner:
(1) For the calendar year commencing January 1, 2013, the
collection rate shall be 5 percent more than the baseline collection
rate determined pursuant to Section 42450.2.
(2) On and after January 1, 2014, the collection rate for
household batteries shall increase by no less than 5 percent annually
until a 95 percent collection rate is reached.
(b) A producer may petition the department for an adjustment to
the collection rate. The department may grant an adjustment to the
collection rate only if the department determines there are
documented exigent circumstances that are beyond the control of the
producer or household battery stewardship organization.
42450.4. 42450.2. (a) On or before
September 30, 2011, a producer or the household battery stewardship
organization of a household battery shall submit a household battery
stewardship plan to the department. A household battery
stewardship organization created pursuant to this section shall be
open for participation by all producers of a household battery.
department.
(b) A producer, group of producers, or household battery
stewardship organization shall consult with stakeholders during the
development of the household battery stewardship plan, including
soliciting stakeholder comments and responding to stakeholder
comments prior to submitting the household battery stewardship plan.
(c) Each household battery stewardship plan for a covered
individual household battery shall address the environmental impacts
of a household battery over the entire life cycle of that household
battery, including household battery design, manufacture, and
distribution, and the collection, transportation, reuse, recycling,
and final disposition of discarded household batteries, in accordance
with this article. The plan shall include, at a minimum, all of the
following elements:
(1) Contact information for all participating producers.
(2) A description of the brands of the household batteries covered
by the plan.
(3) Performance goals, including a detailed description of how the
performance goals will be achieved and how results will be measured
and including both of the following:
(A) The collection rate shall be included as a performance goal
for a household battery.
(B) The reuse rate and recycling rate for that household battery
shall be included in the performance goal.
(4) An overview of the roles and responsibilities of key players
along the distribution chain for that household battery.
(5) Financing methods for the household battery stewardship plan.
(6) Strategies for managing and reducing the life cycle impacts of
the household battery, steps that will be taken to ensure
environmentally sound management, and how impacts will be tracked
over time to show continual improvement.
(7) Education and outreach activities.
(8) A description of the consultation process used to consult with
affected stakeholders regarding the household battery stewardship
plan.
(9) A description of product goals, including, but is not limited
to, household battery designing and materials content, manufacturing,
packaging, distribution, and end-of-life management goals. The
product goals shall address the use of virgin material in the
manufacture of the household battery, the impact upon, or use of,
water or energy by the household battery, the use of, or generation
of hazardous substances, by the household battery, the carbon
footprint of the household battery, the household battery's
longevity, the recycled content of the household battery, and
recyclability, where applicable.
(10) Procedures for notifying all retailers engaged in the sale of
that household battery.
42450.5. (a) On or before January 1, 2012, the department shall
review any plan submitted to the department and either approve or
disapprove the household battery stewardship plan submitted to the
department. If the department does not approve the plan, the
department shall notify the producer or organization that submitted
the plan and the producer or organization shall revise and resubmit
the disapproved household battery stewardship plan within 30 days
after receiving the notification.
(b) All household battery stewardship plans submitted to the
department shall be available to the public on the department's
Internet Web site.
(c) A producer shall notify the department 30 days before
instituting a significant or material change to a household battery
stewardship plan.
(d) The household battery stewardship plan shall be implemented
upon the approval of the department by the producer or the household
battery stewardship organization that submitted the plan.
(c) Each household battery stewardship plan shall include, at a
minimum, all of the following elements:
(1) Contact information for all participating producers.
(2) The collection rate for the household batteries subject to the
plan, which shall be calculated in the following manner, except as
provided in Section 42450.4:
(A) For the calendar year commencing January 1, 2014, the
collection rate shall be 50 percent of the household batteries sold
by the producers subject to the plan during the previous calendar
year.
(B) On and after January 1, 2017, the collection rate shall be 70
percent of the household batteries sold by the producers subject to
the plan during the previous calendar year.
(C) The plan shall have a target of achieving a 95 percent
collection rate.
(3) A description containing all of the following elements:
(A) Brands of the household batteries covered by the plan.
(B) How the product goals will be achieved.
(C) The annual schedule for achievement of the collection rate.
(D) Convenient collection opportunities for consumers in all
counties of the state.
(E) Reuse rate and recycling rate for household batteries.
(F) Roles and responsibilities of key players along the
distribution chain.
(G) Procedures to be used for notifying retailers and wholesalers
of the program.
(4) Financing method selected to sustainably fund the
implementation of the plan.
(5) Education and outreach activities to maximize collection
rates.
(6) A producer or product stewardship organization shall contact
cities, counties, districts, and regional agencies, in whose
jurisdictions the program will be implemented, to do either, or both,
of the following:
(A) Enter into an agreement to reimburse the local public agency
for the cost of collecting household batteries.
(B) Provide the local public agency with the location, hours, and
contact information for the convenient collection points for
household batteries that are located within the county where the
local agency is located and are consistent with the plan.
42450.3. (a) A household battery stewardship program shall be
considered in compliance with this article only if it achieves the
collection rate specified in a plan that has been deemed complete by
the department pursuant to Section 42450.5.
(b) If a program achieves a collection rate of 95 percent, the
producer or household battery stewardship organization shall not be
required to pay the annual fee imposed pursuant to subdivision (a) of
Section 42450.10.
42450.4. A producer may petition the department for an adjustment
to the collection rate. The department may grant an adjustment to
the collection rate only if the department determines there are
documented exigent circumstances that are beyond the control of the
producer or household battery stewardship organization.
42450.5. (a) The department shall review a plan within 45 days
after the date the plan is received and either deem the plan complete
or incomplete. If the department does not deem the plan complete,
the department shall notify the producer or organization that
submitted the plan of the deficiencies and the producer or
organization shall revise and resubmit the plan within 45 days after
receiving the notification. If the department deems the plan
complete, the department shall, within 45 days after receipt, notify
the producer or organization that the submitted plan is complete.
(b) The department shall make all household battery stewardship
plans submitted to the department available to the public on the
department's Internet Web site.
(c) A producer shall notify the department 30 days before
instituting a significant or material change to a household battery
stewardship plan.
(d) On or before July 1, 2012, and on or before July 1 annually
thereafter, the department shall post on its Internet Web site a
listing of the brands of household batteries for which the producer
is in compliance with this article.
42450.6. On and after January 1, 2012, a producer ,
wholesaler, or retailer shall not offer a household battery for
sale in this state or offer a household battery for promotional
purposes in this state unless the producer or household
battery stewardship organization of the household battery has
submitted a household battery stewardship plan to the department
pursuant to Section 42450.4 and the household battery stewardship
plan is approved by the department pursuant to Section 42450.5 and is
being implemented pursuant to Section 42450.7. plan
submitted by the producer or household battery stewardship
organization of that household battery has been deemed complete by
the department pursuant to Section 42450.5.
42450.7. A producer of a household battery shall do all of the
following when implementing this chapter, including when implementing
an approved household battery stewardship plan:
(a) Collect the individual household battery to be reused or
recycled pursuant to the household battery stewardship plan for the
household battery submitted by the producer or household battery
stewardship organization pursuant to Section 42450.4, and approved by
the department pursuant to Section 42450.5.
(b) Meet the performance goals included in household battery
stewardship plan, including achieving the collection rate established
pursuant to Section 42450.3.
(c) Provide collection services, in accordance with Section
42450.8, for the household battery that does not charge a fee at the
time when the household battery is collected for either recycling or
disposal.
(d) Pay all administrative and operational costs associated with
the household battery stewardship plan, including the costs of
collection, transportation, and recycling or disposal, or both, of
the household battery, including the amount determined pursuant to
Section 42450.10.
(e) Submit the annual report required by Section 42450.9.
42450.8. A household battery shall be handled and recycled, or,
if not feasible to be recycled, disposed of, in accordance with all
state and federal laws and regulations and local ordinances and
regulations, including, but not limited to, any law, regulation, or
ordinance that regulates hazardous waste.
42450.9. (a) On or before January 1, 2012, the department shall
adopt regulations specifying the information required to be included
in annual household battery stewardship plan reports. Notwithstanding
subdivision (b), the department may include, in those regulations,
alternative reporting requirements for purposes of those annual
reports.
(b) Beginning one year after a household battery stewardship plan
is approved or no later than January 1, 2013, whichever date is
earlier, and every subsequent year thereafter, each producer or
stewardship organization implementing a household battery stewardship
plan shall prepare and submit to the department an annual report
describing the activities carried out pursuant to the household
battery stewardship plan during the previous reporting period. The
report shall include all of the following, unless required otherwise
by the department pursuant to the regulations adopted pursuant of
subdivision (a), including, but not limited to, all of the following:
(1) Whether the producer or household battery stewardship
organization, in implementing the plan, attained the performance
goals for the household battery, and if the performance goals were
not met, what actions the producer or household battery stewardship
organization will take during the next reporting period to attain
those performance goals.
(2) Whether the producer or household battery stewardship
organization, in implementing the plan, attained the household
battery goals for the household battery, and if the household battery
goals were not met, what actions the producer or stewardship
organization will take during the next reporting period to achieve
those household battery goals.
(3) A description of the outreach and education activities
undertaken during the reporting period to inform consumers and other
stakeholders of the collection opportunities and safe household
battery handling described in the household battery stewardship plan.
(4) A description of those areas in the state that have been
served by the household battery stewardship plan and any barriers to,
or opportunities for, increased coverage in the future.
(5) A description of the actions undertaken to manage and reduce
the life cycle impacts of the household battery.
(6) The total cost to implement the household battery stewardship
plan and a description of any economic or job impacts to
stakeholders.
(c) The department shall review a report submitted pursuant to
this section and shall approve the report if the department
determines the report contains the information required by this
section.
(d) The department shall make all reports submitted to the
department pursuant to this section available to the public on the
department's Internet Web site.
42450.7. Upon receiving notification from the department pursuant
to Section 42450.5 that a plan is complete, the producer or the
household battery stewardship organization shall do all of the
following:
(a) Implement the plan, including, but not limited to, achieving
the collection rate specified in the plan.
(b) Pay the administrative fees imposed pursuant to subdivision
(a) of Section 42450.10.
(c) Submit the annual report required by Section 42450.9.
42450.8. A wholesaler or a retailer that distributes or sells
household batteries shall monitor the department's Internet Web site
to determine if the sale of a producer's household batteries is in
compliance with this article.
42450.9. (a) On or before April 1, 2013, and every subsequent
year thereafter, each producer or stewardship organization
implementing a plan shall prepare and submit to the department an
annual report describing the activities carried out pursuant to the
plan during the previous calendar year. The annual report shall
include, but is not limited to, all of the following:
(1) The extent to which each element of the plan specified in
subdivision (c) of Section 42450.2 is attained, including, but not
limited to, achieving the collection rate specified in the plan.
(2) The actions that the producer will take during the next
reporting period to meet the product goals specified in the plan that
have not been met.
(3) A report of the total sales data for household batteries sold
in the state for the previous calendar year.
(b) The department shall review an annual report submitted
pursuant to this section and shall deem it complete if the department
determines the report contains the information required by this
section.
(c) If the department does not act on a report within 45
days of receipt, the report shall be deemed to be complete.
(d) The department shall make all reports submitted to the
department pursuant to this section available to the public on the
department's Internet Web site.
(e) If the collection rate for the household batteries subject to
the plan meets the collection rate specified in subdivision (b) of
Section 42450.3, the report shall be submitted once every two years.
42450.10. (a) The producer or household battery stewardship
organization submitting a household battery stewardship plan shall
pay the department an administrative fee in the amount of ____dollars
($____) when the plan is submitted for review and approval and
thereafter pay an annual administrative fee of ____percent
of the household battery stewardship program costs as reported under
paragraph (6) of subdivision (b) of Section 42450.9.
____dollars ($____). The department shall adjust the amount of these
fees every two years to reflect increases or decreases in the cost of
living during the prior two calendar years, as measured
by the Consumer Price Index issued by the Department of Industrial
Relations or by a successor agency. If the program implementing the
plan submitted by the producer meets the collection rate specified in
subdivision (b) of Section 42450.3, the producer or household
battery stewardship organization is not required to pay the fees
imposed pursuant to this subdivision.
(b) The total amount of annual fees collected pursuant to this
section shall not exceed the amount necessary to recover costs
incurred by the department in connection with the administration and
enforcement of the requirements of this article.
42450.11. (a) The Household Battery Stewardship Account and the
Household Battery Stewardship Penalty Subaccount are hereby
established in the Integrated Waste Management Fund.
(b) All fees collected pursuant to this article shall be deposited
in the Household Battery Stewardship Account and may be expended by
the department, upon appropriation by the Legislature, to cover the
department's costs to implement this article.
(c) All penalties collected pursuant to this article shall be
deposited in the Household Battery Stewardship Penalty Subaccount and
may be expended by the department, upon appropriation by the
Legislature, to cover the department's costs to implement this
article.
(d) All funds collected may be expended as incentives to enhance
reuse, recyclability, and redesign efforts and to reduce
environmental and safety impacts of household batteries.
42450.12. (a) If, after holding a public hearing, the department
finds that a producer has failed to make a good faith effort to
comply with this article, including, but not limited to, failing to
submit a plan pursuant to Section 42450.4
42450.2 or failing to submit an annual report pursuant to Section
42450.9 , the department shall issue a compliance order with a
schedule for achieving compliance.
(b) If, after issuing an order and schedule for compliance
pursuant to subdivision (c) (a) , the
department finds that the producer has failed to make a good faith
effort to comply with this article, the department may impose an
administrative civil penalty of ten thousand dollars
($10,000) five thousand dollars ($5,000) per day
until the producer achieves compliance.
(c) For purposes of this section, "good faith effort" means all
reasonable and feasible efforts to by a producer
towards implementing the requirements of this article, including, but
not limited to, meeting the performance goals specified in the plan.
42450.13. (a) In addition to the penalty specified in Section
42450.12, the department may impose an administrative civil
penalty of ten thousand dollars ($10,000) per day against a producer
or retailer who violates Section 42450.6.
(b) Prior to enforcing any penalty pursuant to this section, the
department shall issue a compliance order to the producer or retailer
selling the household battery allowing 30 days from the date of the
compliance order to cease sales of the household battery.
42450.14. (a) The department, or its designee, may inspect,
audit, or require and review third-party audits of producers,
household battery stewardship organizations, and service providers,
including collectors and recyclers, that are utilized to fulfill the
requirements of a household battery stewardship plan.
(b) For purposes of this section, a "service provider" means any
person who is authorized to perform an action to implement the
household battery stewardship plan with regard to the collection,
recycling, reuse, or disposal of a household battery, but does not
include the consumer of the household battery.
42450.15. The
department shall adopt regulations for the imposition of
administrative civil penalties pursuant to this article.
penalty not to exceed one thousand dollars ($1,000) per day
against a producer, wholesaler, or retailer that violates Section
42450.6.
(b) A producer, wholesaler, or retailer that removes from sale any
household battery within 90 days of discovery that it is not in
compliance with this article shall not be deemed to be in violation
of Section 42450.6.
(c) Prior to enforcing any penalty pursuant to this section, the
department shall issue a compliance order to the producer,
wholesaler, or retailer selling the household battery allowing 30
days from the date of the compliance order to cease sales of the
household battery.
42450.16. This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the Department of Toxic
Substances Control under Section 25257.1 of the Health and Safety
Code to fully implement Article 14 (commencing with Section 25251) of
Chapter 6.5 of Division 20 of the Health and Safety Code, including
the authority of the department to include household batteries in its
household battery registry.