Bills

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

Session Year: 2025-2026
House: Senate
Latest Version Date: 2026-09-20

Current Status:

Passed

(2026-09-20: Chaptered by Secretary of State. Chapter 414, Statutes of 2026.)

Introduced

In Committee

Awaiting First Chamber Vote

Passed First Chamber

In Committee

Awaiting Second Chamber Vote

Passed Second Chamber

Enacted

What does this bill do?

This bill expands which batteries must be covered by California's recycling program, replacing prior size exclusions with two classes—small format (rechargeable ≤11 lbs/≤300 Wh; single‑use ≤4.4 lbs) and medium format (up to 25 lbs or 2,000 Wh)—affecting producers, retailers, recyclers, collection sites, and program operators. It also requires stewardship plans to set separate collection site targets for each class, show financial controls, use independent audits under FASB rules, meet annual recycling minimums (60% rechargeable, 70% single‑use), allow inspections by the Department of Toxic Substances Control, and keep records for five years.

Version:

Existing law, the Responsible Battery Recycling Act of 2022, 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 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 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 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 that weighs more than 11 pounds or that has a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating more than 2,000 watthours, and a nonrechargeable battery weighing more than 4.4 pounds but fewer than 25 pounds.

The act requires a producer of covered batteries, individually or through a stewardship organization, to develop and implement a stewardship plan for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state. The act requires the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for covered batteries in each county, as provided.

This bill would instead require the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for small format batteries and medium format batteries, as specified.

The act requires a stewardship plan to include, among other things, consultation with the California Environmental Protection Agencys Environmental Justice Task Force and coordination with certain entities, including, but not limited to, other program operators, as provided.

This bill would require a stewardship plan to include consultation with the departments Office of Environmental Justice, Tribal Relations, Education and Outreach instead of the Environmental Justice Task Force. The bill would require the stewardship to additionally include coordination with California Native American Tribes. The bill would require a stewardship plan to demonstrate that the stewardship organization has adequate financial responsibility and financial controls in place to ensure proper management of funds.

The act requires the program operator to retain an independent public accountant to annually audit the accounting books for the program operator.

This bill would require the annual audit to be prepared in accordance with the Financial Accounting Standards Boards accounting standards codification. The bill would require a program operator to annually demonstrate achievement of minimum recycling rates for rechargeable, nonrechargeable, and primary batteries.

This bill would authorize the Department of Toxic Substances Control and certain local officers and agencies to enter and inspect any collection site, establishment, or any other place or environment, where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources, as a result of the requirements of the act, as specified. The bill would, to ensure compliance with the act, authorize the department to inspect and investigate producers, program operators, stewardship organizations, manufacturers, distributors, retailers, importers, recyclers, and collection sites.

The act requires records required by the act to be maintained and accessible to the department for 3 years. The act requires all reports and records provided to the department to be provided under penalty of perjury.

This bill would require records required by the act to be maintained and accessible to the department for 5 years. By expanding the document retention period and 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.

The act requires the program operator to retain an independent public accountant to annually audit the accounting books for the program operator.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Responsible Battery Recycling Act of 2022 (battery recycling act), 2022, 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 a rechargeable battery weighing over 5 kilograms and having a watthour rating of more than 300 watthours.

The act requires the program operator to retain an independent public accountant to annually audit the accounting books for the program operator.

The battery recycling act requires records required by the act to be maintained and accessible to the department for 3 years. The act requires all reports and records provided to the department to be provided under penalty of perjury.

This bill would provide that no reimbursement is required by this act for a specified reason.

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 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 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 that weighs more than 11 pounds but no more than 25 pounds, a rechargeable battery with or that has a rating of more than 300 watthours but no watthours, or both, but that does not weigh more than 25 pounds or have a rating 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.

This bill would provide that no reimbursement is required by this act for a specified reason.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. Existing law authorizes a public agency, as defined, to operate a household hazardous waste collection facility under permit from DTSC.Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, establishes a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by that program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable.This bill would create a producer responsibility program for products containing household hazardous waste and would require a producer responsibility organization (PRO) to ensure the safe and convenient collection and management of covered products at no cost to consumers or local governments. The bill would define covered product to mean a consumer product that is ignitable, toxic, corrosive, or reactive, or that meets other specified criteria, except as specified. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection, transportation, and the safe and proper management of covered products. The bill would require DTSC to adopt regulations to implement the program with an effective date no earlier than July 1, 2028.This bill would require the PRO, within 12 months of the effective date of the regulations, to submit a producer responsibility plan to DTSC. The bill would require the plan to include specified elements, including a funding mechanism to fully fund the PRO and the program. The bill would require, within 6 months of receipt of the plan, DTSC to approve, approve in part, or disapprove the plan, as specified. The bill would require DTSC to notify the PRO of its decision. If DTSC does not approve the plan in full, then the bill would require DTSC to specify the reasons for disapproval or identify the portions of the partially approved plan that do not comply with the program, as applicable. The bill would require the PRO to submit a revised plan if its plan is not fully approved. The bill would conditionally approve a plan if DTSC does not approve, approve in part, or disapprove a plan within one year of receipt of the plan.This bill would require the PRO to implement its plan within 90 days of approval. The bill would require the plan to be fully funded in a manner that equitably distributes the plans costs among participant producers, as specified. The bill would require the PRO to reimburse local jurisdictions for costs associated with collecting illegally dumped covered products and for providing a convenient collection system for covered products if the PROs plan relies on local jurisdictions to collect or manage covered products.This bill would require the PRO to prepare and submit to DTSC an annual report describing the activities carried out pursuant to the plan. The bill would require the PRO to retain specified documents, annually audit its accounting books, and make documents available to DTSC for review, as specified. The bill would require all reports and records provided to DTSC pursuant to the program to be provided under penalty of perjury. By expanding the scope of a crime, the bill would impose a state-mandated local program.This bill would require a participant producer, through the PRO, to pay DTSC, on an unspecified schedule, an annual administrative charge, as determined by DTSC. The bill would require the charge be set at an amount that is adequate to cover DTSCs full costs of administering and enforcing the program. The bill would provide for the imposition of administrative civil penalties on producers and other specified persons who violate the program. The bill would establish the Household Hazardous Waste Producer Responsibility Fund in the State Treasury and would require the administrative charges collected by DTSC to be deposited into that fund for expenditure by DTSC, upon appropriation by the Legislature, to cover DTSCs cost to implement the program. The bill would also establish the Household Hazardous Waste Products Penalty Account in the Household Hazardous Waste Producer Responsibility Fund and would require that the civil penalties collected by DTSC pursuant to the program be deposited into that account, for expenditure by DTSC, upon appropriation by the Legislature, for activities related to the collection, reuse, and recycling of covered products, grants for related purposes, and the administration and enforcement of the program.This bill would require the PRO to prepare an initial statewide needs assessment designed to determine the necessary steps and investments needed for covered products to achieve the requirements and purposes of the program, as specified. The bill would provide that certain actions of the PRO or a producer are not violations of the Cartwright Act or certain provisions regulating unfair business practices or unfair competition.(2)Existing law established the Department of Resources Recycling and Recovery (CalRecycle) to, among other things, promote waste management in the order of source reduction, then recycling and composting, and then environmentally safe transformation and environmentally safe land disposal, as provided. Pursuant to that authority, CalRecycle publishes various waste characterization studies.This bill would require CalRecycle, in support of the program, to include in updates to the applicable waste characterization study the amount of covered products that were properly and improperly disposed of, as specified.(3)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.(4)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.

Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, establishes a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by that program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable.

This bill would create a producer responsibility program for products containing household hazardous waste and would require a producer responsibility organization (PRO) to ensure the safe and convenient collection and management of covered products at no cost to consumers or local governments. The bill would define covered product to mean a consumer product that is ignitable, toxic, corrosive, or reactive, or that meets other specified criteria. criteria, except as specified. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection, transportation, and the safe and proper management of covered products. The bill would require DTSC to adopt regulations to implement the program with an effective date no earlier than July 1, 2028.

The

This bill would require the PRO, within 12 months of the effective date of the regulations, to submit a producer responsibility plan to DTSC. The bill would require the plan to include specified elements, including a funding mechanism to fully fund the PRO and the program. The bill would require, within 6 months of receipt of the plan, DTSC to approve, approve in part, or disapprove the plan, as specified. The bill would require DTSC to notify the PRO of its decision. If DTSC does not approve the plan in full, then the bill would require DTSC to specify the reasons for disapproval or identify the portions of the partially approved plan that do not comply with the program, as applicable. The bill would require the PRO to submit a revised plan if its plan is not fully approved. The bill would conditionally approve a plan if DTSC does not approve, approve in part, or disapprove a plan within one year of receipt of the plan.

The

This bill would require the PRO to implement its plan within 90 days of approval. The bill would require the plan to be fully funded in a manner that equitably distributes the plans costs among participant producers, as specified. The bill would require the PRO to reimburse local jurisdictions for costs associated with collecting illegally dumped covered products and for providing a convenient collection system for covered products if the PROs plan relies on local jurisdictions to collect or manage covered products.

The

This bill would require the PRO to prepare and submit to DTSC an annual report describing the activities carried out pursuant to the plan. The bill would require the PRO to retain specified documents, annually audit its accounting books, and make documents available to DTSC for review, as specified. The bill would require all reports and records provided to DTSC pursuant to the program to be provided under penalty of perjury. By expanding the scope of a crime, the bill would impose a state-mandated local program.

The

This bill would require a participant producer, through the PRO, to pay DTSC, on an unspecified schedule, an annual administrative charge, as determined by DTSC. The bill would require the charge be set at an amount that is adequate to cover DTSCs full costs of administering and enforcing the program. The bill would provide for the imposition of administrative civil penalties on producers and other specified persons who violate the program. The bill would establish the Household Hazardous Waste Producer Responsibility Fund in the State Treasury and would require the administrative charges collected by DTSC to be deposited into that fund for expenditure by DTSC, upon appropriation by the Legislature, to cover DTSCs cost to implement the program. The bill would also establish the Household Hazardous Waste Products Penalty Account in the Household Hazardous Waste Producer Responsibility Fund and would require that the civil penalties collected by DTSC pursuant to the program be deposited into that account, for expenditure by DTSC, upon appropriation by the Legislature, for activities related to the collection, reuse, and recycling of covered products, grants for related purposes, and the administration and enforcement of the program.

This bill would require the PRO to prepare an initial statewide needs assessment designed to determine the necessary steps and investments needed for covered products to achieve the requirements and purposes of the program, as specified. The bill would provide that certain actions of the PRO or a producer are not violations of the Cartwright Act or certain provisions regulating unfair business practices or unfair competition.

(2)Existing law established the Department of Resources Recycling and Recovery (CalRecycle) to, among other things, promote waste management in the order of source reduction, then recycling and composting, and then environmentally safe transformation and environmentally safe land disposal, as provided. Pursuant to that authority, CalRecycle publishes various waste characterization studies.

This bill would require CalRecycle, in support of the program, to include in updates to the applicable waste characterization study the amount of covered products that were properly and improperly disposed of, as specified.

(3)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.

(4)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 create a producer responsibility program for products containing household hazardous waste and would require a producer responsibility organization (PRO) to ensure the safe and convenient collection and management of covered products at no cost to consumers or local governments. The bill would define covered product to mean a consumer product that is ignitable, toxic, corrosive, or reactive, or that meets other specified criteria. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection, transportation, and the safe and proper management of covered products. The bill would require DTSC to adopt regulations to implement the program with an effective date no earlier than July 1, 2028.

The bill would require the PRO, within 12 months of the effective date of the regulations, to submit a producer responsibility plan to DTSC. The bill would require the plan to include specified elements, including a funding mechanism to fully fund the PRO and the program. The bill would require, within 6 months of receipt of the plan, DTSC to approve, approve in part, or disapprove the plan, as specified. The bill would require DTSC to notify the PRO of its decision. If DTSC does not approve the plan in full, then the bill would require DTSC to specify the reasons for disapproval or identify the portions of the partially approved plan that do not comply with the program, as applicable. The bill would require the PRO to submit a revised plan if its plan is not fully approved. The bill would conditionally approve a plan if DTSC does not approve, approve in part, or disapprove a plan within one year of receipt of the plan.

The bill would require the PRO to implement its plan within 90 days of approval. The bill would require the plan to be fully funded in a manner that equitably distributes the plans costs among participant producers, as specified. The bill would require the PRO to reimburse local jurisdictions for costs associated with collecting illegally dumped covered products and for providing a convenient collection system for covered products if the PROs plan relies on local jurisdictions to collect or manage covered products.

The bill would require the PRO to prepare and submit to DTSC an annual report describing the activities carried out pursuant to the plan. The bill would require the PRO to retain specified documents, annually audit its accounting books, and make documents available to DTSC for review, as specified. The bill would require all reports and records provided to DTSC pursuant to the program to be provided under penalty of perjury. By expanding the scope of a crime, the bill would impose a state-mandated local program.

The bill would require a participant producer, through the PRO, to pay DTSC, on an unspecified schedule, an annual administrative charge, as determined by DTSC. The bill would require the charge be set at an amount that is adequate to cover DTSCs full costs of administering and enforcing the program. The bill would provide for the imposition of administrative civil penalties on producers and other specified persons who violate the program. The bill would establish the Household Hazardous Waste Producer Responsibility Fund in the State Treasury and would require the administrative charges collected by DTSC to be deposited into that fund for expenditure by DTSC, upon appropriation by the Legislature, to cover DTSCs cost to implement the program. The bill would also establish the Household Hazardous Waste Products Penalty Account in the Household Hazardous Waste Producer Responsibility Fund and would require that the civil penalties collected by DTSC pursuant to the program be deposited into that account, for expenditure by DTSC, upon appropriation by the Legislature, for activities related to the collection, reuse, and recycling of covered products, grants for related purposes, and the administration and enforcement of the program.

The bill would provide that certain actions of the PRO or a producer are not violations of the Cartwright Act or certain provisions regulating unfair business practices or unfair competition.

This bill would make legislative findings to that effect.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would create a producer responsibility program for products containing household hazardous waste and would require a producer responsibility organization (PRO) to ensure the safe and convenient collection and management of covered products at no cost to consumers or local governments. The bill would define covered product to mean a consumer product that is ignitable, toxic, corrosive, or reactive, or that meets other specified criteria. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection, transportation, and the safe and proper management of covered products. The bill would require DTSC to adopt regulations to implement the program with an effective date no earlier than July 1, 2028.

The bill would provide that certain actions of the PRO or a producer are not violations of the Cartwright Act or certain provisions regulating unfair business practices or unfair competition.

This bill would make legislative findings to that effect.

This bill would provide that no reimbursement is required by this act for a specified reason.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 42420.1 of the Public Resources Code is amended to read:42420.1.

For purposes of this chapter, the following terms have the following meanings:

(a)Brand means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered battery and signifies the owner or licensee of the brand.

(b)Collection site means a permanent or temporary location at which covered batteries are collected and prepared for transport in accordance with the requirements of this chapter.

(c)Consumer means an owner of a covered battery, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered battery, who is not, as to that covered battery, the distributor, importer, producer, recycler, retailer, or stewardship organization.

(d)(1)Covered battery means a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. A covered battery includes only a small format battery or a medium format battery that is any of the following:

(A)A loose battery that is either sold separately from a product or that is designed to be easily removed from a product by the user of the product with no more than common household tools. 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 shall 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.

(B)A battery that is packed with, but not installed in, the product that the battery is intended to power, when the product is offered for sale by the producer.

(2)Covered battery does not include any of the following:

(A)A lead-acid battery, as defined in subdivisions (a) and (b) of Section 42440.

(B)(i)A battery contained in a motor vehicle. For purposes of this subparagraph, motor vehicle has the same meaning as set forth in Section 415 of the Vehicle Code.

(ii)Notwithstanding any other law, the exclusion in clause (i) does not apply to a battery contained in any of the following:

(I)A motorized scooter.

(II)A motorized skateboard.

(III)A motorized hoverboard.

(IV)A device intended to propel or move upon a highway only one individual person or property.

(C)A fuel cell electrical generating facility. For purposes of this subparagraph, fuel cell electrical generating facility has the same meaning as eligible fuel cell electrical generating facility, as defined in Section 2827.10 of the Public Utilities Code.

(D)(i)A Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies:

(I)It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.

(II)Either of the following applies:

(ia)The device is predominantly used in a health care setting by a provider.

(ib)The device is predominantly prescribed by a health care provider.

(ii)A Class II or Class III device as defined in Section 360c of Title 21 of the United States Code.

(E)A battery that has been recalled.

(e)Department means the Department of Resources Recycling and Recovery or a successor agency.

(f)Distributor means a company that has a contractual relationship with one or more producers to market and sell covered batteries to retailers.

(g)Electrochemical cell means a system consisting of an anode, a cathode, and an electrolyte, plus electrical or mechanical connections needed to allow the cell to deliver or receive electric energy.

(h)Importer means either of the following:

(1)A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered battery that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.

(2)A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered battery that was manufactured or assembled by a company physically located outside of the state.

(i)Medium format battery means either of the following:

(1)A rechargeable battery that weighs more than 11 pounds or that has a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watthours.

(2)A nonrechargeable battery or primary battery, including, but not limited to, alkaline, carbon-zinc, and a lithium metal battery, weighing at least 4.4 pounds but no more than 25 pounds.

(j)Person has the same meaning as set forth in Section 40170.

(k)(1)Producer means a person who manufactures a covered battery and who owns or is the licensee of the brand or trademark under which that covered battery is sold, offered for sale, or distributed for sale in or into the state.

(2)If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered battery is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered battery is sold, imported for sale, offered for sale, or distributed for sale in or into the state. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered battery.

(3)If there is no person in the state who is the producer for purposes of paragraph (1) or (2), the producer of the covered battery is the person who sells, offers for sale, or is the importer or distributor of the covered battery in or into the state for sale in or into the state.

(4)For purposes of this chapter, the sale of a covered battery shall be deemed to occur in the state if the covered battery is delivered to the purchaser in the state.

(5)Producer does not include an admitted insurer possessing a certificate of authority from the Insurance Commissioner pursuant to Section 700 of the Insurance Code, nor does it apply to a placement of insurance that was made in full compliance with Section 1765.1 or 1765.2 of the Insurance Code.

(6)The department may adopt regulations authorizing a person who is in the state and who manufactures, distributes, imports, offers for sale, sells, or owns or exclusively licenses a brand of covered batteries to assume the role of producer for covered batteries it manufactures, distributes, imports, offers for sale, sells, or for which the person owns or exclusively licenses the brand of the covered batteries.

(l)Program operator means a producer, or a stewardship organization on behalf of a group of producers, that is responsible for implementing a stewardship program in accordance with the requirements of this chapter.

(m)(1)Rechargeable battery means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, and that is designed to be recharged.

(2)Rechargeable battery does not include either of the following:

(A)A battery that contains electrolytes as a free liquid.

(B)A battery that employs lead-acid technology, unless that battery is sealed and contains no free liquid electrolytes.

(n)Recycler means a person who changes the physical or chemical composition of covered batteries.

(o)Recycling has the same meaning as set forth in subdivision (a) of Section 25121.1 of the Health and Safety Code. Recycling does not include any of the following:

(1)Combustion.

(2)Incineration.

(3)Energy generation.

(4)Fuel production.

(5)Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.

(6)Other forms of disposal, as defined in subdivision (b) of Section 40192.

(p)Recycling efficiency rate means the ratio of the weight of covered battery components recycled by a program operator from covered batteries to the weight of those covered batteries collected by the program operator.

(q)Retailer means a person who sells or offers for sale covered batteries in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.

(r)Small format battery means either of the following:

(1)A rechargeable battery weighing no more than 11 pounds that has a rating of no more than 300 watthours.

(2)A nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and a lithium metal battery, weighing no more than 4.4 pounds.

(s)Stewardship organization means an organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that is established by a group of producers in accordance with this chapter and appointed by them to act as their agent to develop and implement a stewardship program.

(t)Stewardship plan or plan means a plan developed by a program operator pursuant to this chapter for the collection, transportation, and recycling, and the safe and proper management, of covered batteries.

(u)Stewardship program means a program established by a program operator pursuant to this chapter for the free at drop off, convenient, and safe collection, transportation, recycling, and otherwise proper management of covered batteries.

SEC. 2.Section 42420.3 of the Public Resources Code is amended to read:42420.3.

(a)The department may adjust, through regulations adopted by the department, the minimum required collection sites, pursuant to subdivision (e) of Section 42422.1, to ensure that consumers have sufficient convenient access to collection sites, applicable to stewardship plans addressing collection of covered batteries if the department has substantial evidence that allowing for this adjustment will increase the collection of covered batteries.

(b)The department shall establish, through regulations adopted by the department pursuant to Section 42420.2, a limit on the number of covered batteries to be deposited at a single collection site, pursuant to subdivision (e) of Section 42422.1, as applicable, by a single consumer in a single day.

(c)Beginning January 1, 2032, and every five years thereafter, the department may after consultation with the program operators and through regulations adopted by the department adjust the minimum recycling efficiency rates established in Section 42422.1 based on the most economically and technically feasible processes and methodology available.

SEC. 3.Section 42420.4 of the Public Resources Code is amended to read:42420.4.

(a)(1)A program operator shall include as a collection site under its stewardship program any entity that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, complies with any program operator requirements that are consistent with that program operators approved stewardship plan, and is judged by the program operator to have sufficient staff and resources to reliably comply, even if the minimum thresholds described in subdivision (e) of Section 42422.1, as applicable, have been achieved.

(2)A program operator shall include as a collection site under its stewardship program any household hazardous waste collection facility, as defined in Section 25218.1 of the Health and Safety Code, that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, and complies with any program operator requirements that are consistent with that program operators approved stewardship plan, even if the minimum thresholds described in subdivision (e) of Section 42422.1, as applicable, have been achieved.

(b)A program operator shall include the offering entity as a collection site in the stewardship program within 90 days of receiving the written offer to participate, confirming that the offering entity will comply with all applicable state and federal laws and regulations, and confirming that the offering entity has sufficient staff and resources to comply with any program operator requirements that are consistent with that program operators approved stewardship plan, even if the minimum thresholds described in subdivision (e) of Section 42422.1, as applicable, have been achieved. The program operator shall not be required to respond to offers pursuant to this paragraph until the program operators stewardship plan has been approved by the department.

(c)A program operator may suspend or terminate a collection site or service that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the program operator.

(d)A collection site shall be operated to ensure that covered batteries, as applicable, are collected safely and handled in accordance with all applicable state, federal, and municipal laws and regulations and the rules and conditions of the stewardship plan.

(e)This section does not exempt the program operator from meeting the minimum thresholds described in subdivision (e) of Section 42422.1.

SEC. 4.Section 42421.3 is added to the Public Resources Code, to read:42421.3.

A program operator shall annually demonstrate achievement of a minimum recycling efficiency rate of 60 percent for rechargeable batteries and 70 percent for nonrechargeable and primary batteries. The weight of recovered materials from covered batteries counted toward the satisfaction of the recycling efficiency rate requirement shall be used.

SEC. 5.Section 42422 of the Public Resources Code is amended to read:42422.

(a)Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall develop and submit to the department a complete stewardship plan, in accordance with the requirements of this chapter, 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. No stewardship program serving more than one producer may limit its collection, transportation, and recycling of covered batteries to covered batteries of the producers participating in that stewardship program, except as provided in paragraph (5) of subdivision (d) of Section 42422.1.

(b)If a program operators stewardship plan covers only a single format of covered batteries, the program operator may elect to collect, transport, and recycle only that format of covered batteries. A program operators stewardship plan shall specify which of the following it covers:

(1)Only small format batteries.

(2)Only medium format batteries.

(3)Small and medium format batteries.

(c)A program operator shall safely and properly manage any battery that is not of a format covered by its stewardship plan and that was inadvertently collected.

(d)A stewardship program that serves more than one producer shall not limit its collection, transportation, or recycling of covered batteries to covered batteries of the producers participating in that stewardship program, except as provided in paragraph (5) of subdivision (e) of Section 42422.1.

SEC. 6.Section 42422.1 of the Public Resources Code is amended to read:42422.1.

A stewardship plan for covered batteries shall include all of the following:

(a)The format or formats of covered batteries accepted under the stewardship plan.

(b)The names of producers, as defined in subdivision (k) of Section 42420.1, and the brands, formats, and types of covered batteries covered under the stewardship plan.

(c)A description of the process by which the program operator consulted with the advisory body created pursuant to Section 42422.4 to receive advice on the development and implementation of the stewardship plan.

(d)A description of methodologies for measuring, and meeting or exceeding, the established minimum recycling efficiency rate for primary and rechargeable batteries to meet the annual report requirement in Section 42421.3.

(e)A description of how the program operator will provide for a free at drop off and convenient collection system for covered batteries in each county of the state that meets all of the following requirements:

(1)For small format batteries, a minimum of 10 collection sites per county or one collection site per 15,000 people, whichever is greater, except as identified below:

(A)A county with a population of 18,000 and under, as reported annually by the Department of Finance, shall have a minimum of three collection locations.

(B)A county with a population of between 18,001 and 50,000, as reported annually by the Department of Finance, shall have a minimum of four collection locations.

(C)A county with a population between 50,001 and 100,000, as reported annually by the Department of Finance, shall have a minimum of eight collection locations.

(2)For medium format batteries, one of following, as applicable:

(A)For a county with a population of 50,000 or more, a minimum of five collection sites per county or one collection site per 30,000 people, whichever is greater.

(B)For a county with a population of 18,001 to 50,000, inclusive, a minimum of two collection sites.

(C)For a county with a population of 18,000 or fewer, a minimum of one collection site.

(3)The collection sites required by this subdivision shall not be required to collect covered batteries that are damaged, defective, or recalled.

(4)The collection sites in each county shall be spread throughout the county to facilitate widespread access and convenience. This paragraph does not authorize the department to require more than the minimum number of collection sites required pursuant to paragraph (1) or the regulations adopted by the department pursuant to Section 42420.2.

(5)A stewardship plan that elects, pursuant to subdivision (b) of Section 42422, to collect only a single format of covered batteries shall not be required to have collection sites for formats of covered batteries that are not covered by its stewardship plan.

(f)A description of how collection sites will be authorized and managed, including both of the following:

(1)An explanation of the process by which the program operator will, upon request, provide to a collection site, at no cost, packaging consistent with the requirements found in the United States Department of Transportations hazardous materials regulations and the necessary forms and instructions for the safe collection and transportation of damaged or defective covered batteries.

(2)An explanation of the process by which the program operator will provide for the collection and transport of covered batteries from the collection sites to a recycler and how shipments will be documented. A program operator shall maintain these records and make them available to the department upon request.

(g)A program operator shall allow a consumer to drop off at a collection site, at no charge at drop off, the format of covered batteries matching the classification of the site. A collection site shall be classified as a small format battery collection site or a medium format battery collection site. A collection site may be both a small format battery collection site and a medium format battery collection site if it meets the requirements for both.

(h)A description of how the program operator will provide collection sites, at no cost to the collection sites, appropriate containers for covered batteries subject to its program, training, signage, safety guidance, and educational materials, including, but not limited to, procedures for handling damaged and defective covered batteries and fire prevention, detection, and response guidance for covered batteries.

(i)All handling, collection, transport, and recycling of covered batteries undertaken as part of a stewardship program under this chapter shall comply with all applicable state and federal laws and regulations, but the department may not take enforcement action under this chapter against a program operator for failure to comply with those state and federal laws and regulations unless the program operator is first determined to have violated the applicable state or federal law or regulation by the governing body with jurisdiction to enforce the state or federal law or regulation.

(j)A retailer with five or more locations in the state shall make all locations serve as permanent collection sites for small format batteries, and shall comply with the rules and conditions of the program in which it participates, as part of a stewardship program. A retailer that is not a collection site pursuant to paragraph (2) of subdivision (e) is not required to collect medium format batteries.

(k)No program operator shall be required, as a condition of approval of its plan or program or otherwise, to accept damaged, defective, or recalled batteries at sites served by the program operator. Program operators shall provide to sites participating in their programs, information for persons seeking to recycle damaged or defective batteries informing those persons of the requirements for doing so and of the closest location at which damaged or defective batteries may be accepted. Program operators shall provide to sites participating in their programs information for persons seeking to recycle recalled batteries informing those persons of instructions to contact any entity recalling batteries to determine the appropriate handling of those batteries.

(l)(1)A description of the method to establish and administer a means for fully funding the stewardship program in a manner that equitably distributes the stewardship programs costs among the producers that are part of the stewardship organization. For producers that elect to meet the requirements of this chapter individually, without joining a stewardship organization, a description of the proposed method to establish and administer a means for fully funding the stewardship program.

(2)The stewardship plan shall include a stewardship program budget, for the next three calendar years, that includes a funding level and anticipated revenues and costs sufficient to cover the budgeted costs, including, but not limited to, administrative costs, operational costs, and capital costs, to operate the stewardship program in a prudent and responsible manner. Administrative costs shall include the departments and the Department of Toxic Substances Controls anticipated actual, reasonable, and direct regulatory costs to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42420.2. For purposes of this paragraph, stewardship program implementation begins once the department approves a program operators stewardship plan, except the departments and the Department of Toxic Substances Controls costs shall include actual, reasonable, and direct regulatory development costs and other startup regulatory costs incurred prior to stewardship plan submittal and approval.

(m)A description of the process by which covered batteries will be processed and recycled following collection at collection sites, including all of the following:

(1)A description of how covered batteries will be handled and recycled, including how covered batteries will not be disposed of by the program operator and a description of how the recycling of all covered batteries will be maximized.

(2)A description of how discarded covered battery residual materials will, to the extent economically and technically feasible, be recycled and a description of how contracts with service providers will require that this be done and how the contractor will accomplish this.

(3)A description of how the program operator will prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability.

(n)Coordination with, and a description of the efforts and methods used to coordinate activities with, all of the following entities who are responsive to a request from the program operator:

(1)Other program operators.

(2)Existing battery collection and recycling programs, including electronic waste recyclers and dismantlers.

(3)Community-based organizations that contact the program operator and that are qualified to run or support collection events.

(4)California Native American tribes.

(o)Consultation with the departments Office of Environmental Justice, Tribal Relations, Education and Outreach regarding methods to supplement those of the program operator to collect covered batteries for recycling in areas and communities that face unique challenges associated with proper waste management, such as poverty, language barriers, and illegal disposal.

(p)A comprehensive statewide education and outreach program designed to educate consumers and promote participation in the collection and recycling program offered by the program operator. At a minimum, the comprehensive statewide education and outreach program shall include all of the following:

(1)A description of the education and communications strategy being implemented to effectively promote participation in the approved covered battery stewardship program and provide the information necessary for effective participation of consumers, retailers, and others.

(2)An internet website that publicizes the location of collection sites and provides information to consumers on the free at drop off and convenient network of collection sites offered by the stewardship program and any other information reasonably necessary to safely and conveniently access the collection and recycling services offered in the state.

(3)All signage and materials required for collection sites by the program operator, and the method by which collection sites can access replacement materials at no cost to the collection site.

(4)A description of efforts to support participation by all California communities, including a description of efforts to communicate with consumers in languages other than English, as described in subdivision (o).

(5)A description of goals and metrics used to determine the success of the statewide education and outreach program.

(6)The statewide education and outreach program shall promote the safe and proper management of covered batteries.

(7)The statewide education and outreach program shall not promote the disposal of covered batteries in a manner inconsistent with the services offered by the stewardship plan.

(8)The statewide education and outreach plan shall include information for consumers about how to avoid improper disposal of covered batteries.

(9)A description of how the program operators will annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program and periodically adjust strategies to maximize participation in the stewardship program.

(10)(A)Any program operator serving more than one producer shall coordinate with other program operators on the education and outreach programs that they implement pursuant to this subdivision.

(B)The department may approve multiple program operators sharing, on an equitable basis, the costs of implementing elements of the program that benefit all approved plans serving more than one producer and the program operators sponsoring them, except those costs specified in paragraphs (2) and (9).

(q)Development and implementation of proper labeling of covered batteries to ensure proper collection and recycling, by identifying the chemistry of the covered battery and including an indication that the covered battery should not be disposed of as household waste.

(r)A contingency plan in the event the stewardship plan expires, is disapproved, or is revoked. The contingency plan shall describe how the stewardship plan objectives can be carried out in the absence of a plan, either by the program operator or through an entity such as an escrow company.

(s)A demonstration that the stewardship organization has adequate financial responsibility and financial controls in place to ensure proper management of funds.

SEC. 7.Section 42422.3 of the Public Resources Code is amended to read:42422.3.

(a)A program operator shall review its stewardship plan at least every five years after the stewardship plan approval, and determine whether revisions to the plan are necessary.

(b)If a program operator determines that revisions to the plan are necessary, the program operator shall submit to the department a revised plan for review and approval employing the procedures set forth in Section 42422.5. The program operator shall submit the revised plan pursuant to this subdivision within 90 days of the review deadline outlined pursuant to subdivision (a).

(c)If a program operator determines that no revisions to the plan are necessary, the program operator shall send a letter to the department no later than 30 days after the review deadline outlined in subdivision (a), explaining that the program operator has reviewed the plan and determined that no revisions are needed. The department may disapprove the program operators determination within 30 days of receipt of that determination if the department concludes that the program operator cannot implement the objectives of this chapter without revising the stewardship plan. In the event the department disapproves the program operators determination, the program operator shall submit to the department a revised stewardship plan for review and approval in accordance with Section 42422.5. The program operator shall submit the revised plan pursuant to this subdivision within 90 days of receipt of the departments disapproval.

(d)Notwithstanding the requirement in subdivision (a) of Section 42422.5, a program operator may, but is not required to, submit its plan to the Department of Toxic Substances Control prior to submission to the department pursuant to this section.

SEC. 8.Section 42423 of the Public Resources Code is amended to read:42423.

(a)No later than 90 days before a budget is submitted to the Department of Toxic Substances Control, the department and the Department of Toxic Substances Control shall notify each program operator of each agencys respective anticipated actual and reasonable regulatory costs directly related to implementing and enforcing this chapter in relation to the program operators activities as the criteria for those costs are defined in the regulations adopted pursuant to Section 42420.2. This may include the actual and reasonable costs associated with regulatory regulation development pursuant to Section 42420.2 and other startup activities prior to stewardship plan submittal and approval, relative to the role of the program operators program compared to other programs, and the Department of Toxic Substances Controls enforcement costs pursuant to subdivision (c) of Section 42425.1.

(b)Program operators shall, on a schedule determined by the department and the Department of Toxic Substances Control, as applicable to each agencys fees, pay the department and the Department of Toxic Substances Control, respectively, fees incurred to reimburse the department and the Department of Toxic Substances Control for incurred costs as described in subdivision (a). The fees shall not exceed the departments or the Department of Toxic Substances Controls actual and reasonable regulatory costs to implement and enforce this chapter as the criteria for those costs are defined in the regulations adopted pursuant to Section 42420.2. The fees shall be paid by each producer, either individually, if the producer is complying with the requirements of this chapter individually, or through a stewardship organization.

(c)(1) The department and the Department of Toxic Substances Control shall deposit all moneys received from a program operator pursuant to this section into the Covered Battery Recycling Fund, which is hereby established in the State Treasury.

(2)Upon appropriation by the Legislature, moneys in the Covered Battery Recycling Fund shall be expended by the department and the Department of Toxic Substances Control to implement and enforce this chapter, as well as to reimburse any outstanding loans made from other funds used to finance regulation development and startup costs of the departments and the Department of Toxic Substances Controls activities pursuant to this chapter.

(3)The moneys in the Covered Battery Recycling Fund shall not be expended for any other purpose.

SEC. 9.Section 42424 of the Public Resources Code is amended to read:42424.

(a)A program operator shall keep board minutes, books, and records that clearly reflect the activities and transactions of the program operator.

(b)A program operator shall retain, at the program operators expense, an independent public accountant, certified in the United States, to annually audit the accounting books of the program operator. The annual audit shall be prepared in accordance with the Financial Accounting Standards Boards Accounting Standards Codification in effect at the time the audit is submitted to the department.

(c)The program operator shall include the audit in its annual report submitted pursuant to Section 42424.1, commencing within 18 months of plan approval by the department. The department shall review the audit for compliance with this chapter and consistency with the program operators stewardship plan. After evaluating the relevant information provided pursuant to the audit, the department may determine that a program operator has failed to demonstrate that it has adequate financial responsibility as required by subdivision (s) of Section 42422.1. The department shall notify the program operator of any compliance issues or inconsistencies.

(d)The department may conduct its own audit if it determines that an audit is necessary to enforce the requirements of this chapter and that the audit conducted pursuant to subdivision (b) is not adequate for this purpose. The program operator may obtain copies of the departments audit upon request.

(e)The department shall not publicly disclose any confidential trade secret information in an audit conducted pursuant to this section.

SEC. 10.Section 42424.1 of the Public Resources Code is amended to read:42424.1.

A program operator shall annually submit to the department, in the form and manner, and by the date, determined by the department, an annual report, which the department shall make publicly available that includes all of the following information for the preceding calendar year:

(a)The program operators costs and revenues.

(b)An estimate of the quantity of covered batteries sold in or into the state by the producers covered by the program operators stewardship plan, as determined by the best available commercial information, potentially including the application of California population data to the national sales information and the discarded covered batteries collected for recycling through the stewardship program.

(c)A list of the stewardship programs collection sites, by name, location, and type.

(d)The total weight of primary and rechargeable batteries, respectively, that were collected.

(e)A list of each battery recycling facility used by the stewardship program, by name and location.

(f)An updated list of the names and corporate mailing addresses of producers, as defined in subdivision (k) of Section 42420.1 and brands of covered batteries covered under the stewardship plan.

(g)The total weight and number of covered batteries sold in or into the state attributed to a producer, who is a registered participant of the program operators plan, that are collected in the state and recycled by the program operator during the preceding calendar year, including a description of the methodology and information used to determine and calculate these values.

(h)The recycling efficiency rate of rechargeable and primary batteries that were recycled.

(i)A description of methods used to collect, transport, and recycle covered batteries by the program operator.

(j)A description of outreach efforts and education, including, but not limited to, education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries.

(k)(1)A report on coordination activities with other program operators, including covered battery collection and recycling programs and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense.

(2)A description of efforts undertaken by a program operator to implement the required labeling of covered batteries pursuant to Section 42422.1.

(l)Findings from the evaluation of the comprehensive statewide education and outreach program required by paragraph (9) of subdivision (p) of Section 42422.1.

(m)A description of any consultation with the California Environmental Protection Agencys Environmental Justice Task Force and other relevant stakeholders for collecting covered batteries for recycling in areas and communities that face unique challenges.

(n)A demonstration of actions taken by the program operator to comply with the requirements established pursuant to Section 42422.1.

(o)(1)A report on activities the program operator has undertaken in relation to all of the following:

(A)Meeting the requirements established pursuant to Section 42422.1.

(B)Making progress on meeting the requirements established pursuant to Section 42422.1.

(C)Making progress on planned efforts to meet the requirements established pursuant to Section 42422.1.

(2)Factors to be considered for purposes of paragraph (1) may include, but are not limited to, availability of takeback options and no-cost local curbside collections services, proximity to recyclers and no-cost collection points and events, and the state of current recycling technology.

(p)A report on activities the program operator has undertaken to prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability.

(q)If the program operator determines during a particular year that any of the activities undertaken to implement subdivision (p) were unsuccessful, the program operator shall identify the problems with the current activities, make modifications pursuant to the requirement in Section 42422.3, and report on other activities undertaken and progress made, in the following years annual report.

(r)An electronic copy in the form and manner determined by the department, and specified in the regulations adopted by the department pursuant to Section 42420.2 of any annual report, which shall include a brief explanation of how the program operator anticipates the activities may benefit the stewardship program. The program operator shall make these reports publicly available free of charge. If the report contains trade secret or confidential information protected under existing law, the program operator shall provide the department the report marked as trade secret or confidential, and a version of the report with that information redacted, and post the redacted report on its internet website.

(s)The progress toward attaining the goals included in the program operators stewardship plan.

(t)Any modifications or revisions to the stewardship plan, including those required pursuant to Section 42422.3, which are subject to review under Section 42422.5, intended to achieve the requirements established pursuant to Section 42422.1.

(u)Any other information deemed relevant by the program operator for the department to determine compliance with the approved stewardship plan.

SEC. 11.Section 42425.1 of the Public Resources Code is amended to read:42425.1.

(a)The department may impose an administrative civil penalty on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed ten thousand dollars ($10,000) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than fifty thousand dollars ($50,000) per day. The department shall establish, through regulations adopted by the department pursuant to Section 42420.2, a process that shall include an informal hearing process by which the penalties will be assessed.

(b)The department shall deposit all penalties collected pursuant to this section into the Covered Battery Recycling Penalty Account, which is hereby created in the Covered Battery Recycling Fund. These moneys shall be available for expenditure upon appropriation by the Legislature.

(c)(1)In order to carry out the purposes of this chapter, the Department of Toxic Substances Control, or any authorized representative of the Department of Toxic Substances Control, or the local officer or agency authorized to enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and its implementing regulations, may, at any reasonable hour of the day, or as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, enter and inspect any collection site, establishment, or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources, as a result of the requirements of this chapter.

(2)This chapter does not limit or restrict the Department of Toxic Substances Controls enforcement authority pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and its implementing regulations.

(d)The Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process.

SEC. 12.Section 42425.3 of the Public Resources Code is amended to read:42425.3.

(a)To ensure compliance and to detect noncompliance with the chapter, the department may inspect and investigate producers, program operators, stewardship organizations, manufacturers, distributors, retailers, importers, recyclers, and collection sites.

(b)With regard to audits undertaken pursuant to subdivision (d) of Section 42424, the department may require the cooperation of producers, program operators, stewardship organizations, manufacturers, distributors, retailers, importers, recyclers, and collection sites.

(c)A producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site shall cooperate fully with investigations, inspections, and audits by the department, including, but not limited to, doing both of the following:

(1)Upon request, provide the department with full, reasonable and timely access, as determined by the department, to its facilities, operations, and personnel, and participate in interviews by the department, and answer written questions posed by the department, as necessary to determine compliance with this chapter.

(2)Upon request, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with this chapter.

(d)The records required by this chapter shall be maintained and accessible for five years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.

(e)(1)The department may impose administrative civil penalties pursuant to Section 42425.1 on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that fails to provide the department with the access required pursuant to this section.

(2)The department may post a notice on the departments internet website that is maintained pursuant to Section 42425 that a producer that fails to provide the department with access pursuant to this section, along with the producers brands and covered batteries, is no longer in compliance with this chapter.

SEC. 13.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.