End-of-Life Management of Electric Vehicle Batteries

     Senate Bill 25-163 created the 'Battery Stewardship Act', which requires the establishment of battery stewardship organizations and the submittal of battery stewardship plans to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries.

     The bill expands the scope of the 'Battery Stewardship Act' to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the 'Battery Stewardship Act'.

      No later than April 1, 2028, and every 5 years thereafter, an organization must submit a plan for the collection, transportation, processing, reuse, repurposing, and recycling of propulsion batteries as part of a battery stewardship program. The bill specifies what a plan must contain to be approved by the executive director. On and after August 1, 2028, a provider of propulsion batteries selling, making available for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state is required to participate in and finance an organization that has submitted a plan.

      An organization implementing a plan on behalf of providers of propulsion batteries is required to develop a website that includes educational and promotional materials and safety information related to battery storage and collection activities and submit annual reports to the executive director that concern certain information about the preceding year of plan implementation.

      The bill includes requirements for the marking and labeling of propulsion batteries and requires the solid and hazardous waste commission to, no later than July 1, 2027, adopt rules establishing a process for the department of public health and environment to certify an entity as a qualified propulsion battery recycler.

      On and after August 1, 2028, all propulsion batteries in the state must be managed in accordance with the requirements established by the bill.

      On or before July 1, 2027, a person selling, offering for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state (propulsion battery provider) is required to register with the department of public health and environment (department).

      On or before April 1, 2028, a propulsion battery provider or group of propulsion battery providers is required to submit to the executive director an education and outreach plan that contains certain information about the management of propulsion batteries. On and after October 1, 2028, the bill prohibits a propulsion battery provider from selling, making available for sale, or distributing a propulsion battery in or into the state unless the propulsion battery provider has submitted an education and outreach plan that meets the requirements of the bill. The bill also requires a propulsion battery provider to develop and maintain at least one website that, among other things, includes the information in the propulsion battery provider's education and outreach plan.

      The bill requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure the responsible management of the unwanted propulsion batteries collected. In addition, the bill requires a propulsion battery provider to label a propulsion battery and specifies the information that must be included on the label. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is directed to submit an annual report to the executive director covering the preceding calendar year of the responsible management of the propulsion batteries collected by the propulsion battery provider.

      A propulsion battery provider is required to pay a program initiation fee to the department. The amount of the program initiation fee for each propulsion battery provider is based on each propulsion battery provider's percentage of all propulsion battery vehicles registered in the state. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is required to pay an annual fee to cover the department's cost of implementing, administering, and enforcing the bill. The solid and hazardous waste commission is directed to establish the annual fee amount by rule on or before July 1, 2029.

      The bill specifies how the department is required to implement, administer, and enforce the bill. For example, the department is required to assess annual reports submitted by propulsion battery providers, compile a list of entities registered with the department, and conduct an email survey with registered entities to request feedback on the functioning of the propulsion battery management program.

      The bill also sets forth requirements for persons that remanufacture a propulsion battery, persons that use a propulsion battery for a different use than the use for which the propulsion battery was originally designed, and commercial entities that take possession of a propulsion battery for the purpose of selling, repairing, reusing, or recycling the propulsion battery.

      On and after October 1, 2028, the disposal of propulsion batteries at a solid waste disposal site and facility is prohibited.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)