AB 2440

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 23, 2022
  • Senate
  • Governor

Responsible Battery Recycling Act of 2022.

Abstract

The Rechargeable Battery Recycling Act of 2006 requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. The Cell Phone Recycling Act of 2004 prohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a take-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. This bill would make the Rechargeable Battery Recycling Act of 2006 and the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2026, and would repeal those acts as of January 1, 2027. This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries, as defined. The bill would require a producer or stewardship organization to develop, and to submit to the department and the Department of Toxic Substances Control for review and approval as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries. The bill would require the department, on or before January 1, 2025, and in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the act. The bill would require a stewardship organization or producer to have a complete stewardship plan approved by the department no later than 18 months after the effective date of the regulations adopted by the department in order for the stewardship organization or producer to be in compliance with the act. This bill would require a stewardship organization or producer to be audited annually, and submit a report and budget to the department, as prescribed, and would require a stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site to, among other things, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with the act. The bill would require reports and records provided to the department to be provided under penalty of perjury, thereby creating a state-mandated local program by expanding the crime of perjury. The bill would restrict public access to certain information collected for the purpose of administering a stewardship program. The bill would preempt all rules, regulations, codes, ordinances, or other laws adopted by a city, county, city and county, municipality, or a local agency on or after January 1, 2023, regarding stewardship programs for covered batteries. This bill would require the department, on or before July 1, 2027, and each year thereafter, to post on its internet website a list of producers that are in compliance with the act, including the reported brands and names of covered batteries of each producer. The bill would require the department to remove from the list any producer, including its brands and covered batteries, that is not in compliance with the act. The bill would prohibit, on and after the date that a stewardship plan is approved by the department, a retailer or distributor from selling, distributing, offering for sale, or importing a covered battery in or into the state unless the producer of the covered battery is listed on that list as in compliance on the act, except as specified. The bill would require the department to relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with the act. This bill would require a stewardship organization or producer to reimburse the department and the Department of Toxic Substances Control for their respective actual and reasonable regulatory costs that are directly related to implementing and enforcing the act in relation to the stewardship organization's or producer's activities. The bill would require the department and the Department of Toxic Substances Control to deposit those moneys into the Covered Battery Recycling Fund, which the bill would establish, and would authorize the department and any other relevant state agency to expend those moneys, upon appropriation by the Legislature, to implement and enforce the act. This bill would provide for enforcement of the act, including authorizing the department to impose an administrative civil penalty on a stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site in violation of the act not to exceed $10,000 per day, unless the violation is intentional, knowing, or reckless, then in that case not to exceed $50,000 per day. The bill would require the department to deposit those moneys into the Covered Battery Recycling Penalty Account, which the bill would establish in the fund, and would require the department to expend those moneys, upon appropriation by the Legislature, to implement and enforce the act. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.

Bill Sponsors (13)

Votes


Actions


Aug 15, 2022

Senate

Read second time. Ordered to third reading.

Aug 11, 2022

Senate

Read second time and amended. Ordered returned to second reading.

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

Aug 02, 2022

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jun 29, 2022

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 27, 2022

Senate

Withdrawn from committee.

Senate

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Jun 22, 2022

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 08, 2022

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on E.Q.

Jun 06, 2022

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on E.Q.

Jun 01, 2022

Senate

Referred to Coms. on E.Q. and JUD.

  • Referral-Committee
Coms. on E.Q. and JUD.

May 24, 2022

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 23, 2022

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 7. Page 4850.)

May 19, 2022

Assembly

Read second time. Ordered to third reading.

Assembly

From committee: Do pass. (Ayes 12. Noes 4.) (May 19).

May 11, 2022

Assembly

In committee: Set, first hearing. Referred to suspense file.

  • Referral-Committee
suspense file.

Apr 28, 2022

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 27, 2022

Assembly

Read second time and amended.

Apr 26, 2022

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 25).

Apr 06, 2022

Assembly

From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 7. Noes 1.) (April 5). Re-referred to Com. on NAT. RES.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on NAT. RES.

Mar 29, 2022

Assembly

Re-referred to Com. on E.S. & T.M.

  • Referral-Committee
Com. on E.S. & T.M.

Mar 28, 2022

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

Mar 03, 2022

Assembly

Referred to Coms. on E.S. & T.M. and NAT. RES.

  • Referral-Committee
Coms. on E.S. & T.M. and NAT. RES.

Feb 18, 2022

Assembly

From printer. May be heard in committee March 20.

Feb 17, 2022

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2440 HTML
02/17/22 - Introduced PDF
03/28/22 - Amended Assembly PDF
04/27/22 - Amended Assembly PDF
06/06/22 - Amended Senate PDF
06/08/22 - Amended Senate PDF
08/11/22 - Amended Assembly PDF

Related Documents

Document Format
04/01/22- Assembly Environmental Safety and Toxic Materials PDF
04/25/22- Assembly Natural Resources PDF
05/10/22- Assembly Appropriations PDF
05/20/22- ASSEMBLY FLOOR ANALYSIS PDF
06/20/22- Senate Environmental Quality PDF
06/24/22- Senate Judiciary PDF
07/29/22- Senate Appropriations PDF
08/11/22- Senate Appropriations PDF
08/15/22- Sen. Floor Analyses PDF

Sources

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