SB501 - Responsible Battery Recycling Act of 2022: covered batteries.

Enrolled August 27, 2026 Passed IN Senate August 25, 2026 Passed IN Assembly August 24, 2026 Amended IN Assembly August 17, 2026 Amended IN Assembly June 01, 2026 Amended IN Senate January 14, 2026 Amended IN Senate January 05, 2026 Amended IN Senate April 07, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 501 Introduced by Senator Allen February 19, 2025 An act to amend Sections 42420.1, 42420.3, 42420.4, 42422, 42422.1, 42422.3, 42423, 42424, 42424.1, 42425.1, and 42425.3 of, and to add Section 42421.3 to, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST SB 501, Allen. Responsible Battery Recycling Act of 2022: covered batteries. 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 consumer’s 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 Agency’s 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 department’s 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 Board’s 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text 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 consumer’s 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 incl [Text truncated for display. Full text available on Congress.gov.]