SB 501: Responsible Battery Recycling Act of 2022: covered batteries.

Existing law, the Responsible Battery Recycling Act of 2022 (battery recycling act), establishes a stewardship program, administered by the Department of Resources Recycling and Recovery, with the Department of Toxic Substances Control, as provided, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. The battery recycling act defines a covered battery to mean a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. Existing law defines a covered battery to include a loose battery that is designed to be easily removed from a product by the user of the product with no more than common household tools. Existing law excludes from the definition of a covered battery a primary battery weighing over 2 kilograms. Existing law defines a primary battery for this purpose to mean a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. Existing law also excludes from the definition of a covered battery covered battery a rechargeable battery weighing over 5 kilograms and having a watthour rating of more than 300 watthours.

This bill would revise the description of a loose battery, for purposes of the definition of a covered battery, by providing that a key, application, or other locking device provided to the consumer by the producer of the product or battery that is warranted by the producer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumers ability to remove, replace, or recycle the battery would not prevent a battery from being considered designed to be easily removed from a product by the user of the product with no more than common household tools. The bill would instead exclude from the definition of a covered battery a primary battery weighing over 25 pounds and any rechargeable battery weighing over 25 pounds, regardless of the watthour rating. remove the exclusions from the definition of a covered battery for a primary battery and a rechargeable battery, described above. The bill would categorize all covered batteries as either a small format battery or a medium format battery. The bill would define a small format battery to include a rechargeable battery weighing no more than 11 pounds with a rating of no more than 300 watthours and a nonrechargeable battery weighing no more than 4.4 pounds. The bill would define a medium format battery to include a rechargeable battery weighing more than 11 pounds but no more than 25 pounds, a rechargeable battery with a rating of more than 300 watthours but no more than 2,000 watthours, and a nonrechargeable battery weighing more than 4.4 pounds but fewer than 25 pounds.

The battery recycling act requires all reports and records provided to the department to be provided under penalty of perjury.

By expanding the scope of the act, the bill would expand the scope of the crime of perjury, thereby imposing a state-mandated local program.

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.