Bill > S243

Introduced Session

The bill requires every manufacturer of electric vehicles sold within the State, either individually or as a part of a group of manufacturers, to develop, in consultation with the Department of Environmental Protection (department), and submit an electric vehicle battery management plan to the department for review and approval. The plan is to provide for manufacturers to be responsible the collection, transportation, reuse, and recycling or disposal of all used electric vehicle batteries using environmentally sound management practices. The plan is required to prioritize the reuse and recycling of used electric vehicle batteries prior to disposal. The bill requires the electric vehicle battery management plan to include: (1) information identifying the make, model, and year of electric vehicles that may contain an electric vehicle battery, and the estimated number of electric vehicle batteries for which the manufacturer is responsible; (2) methods that will be used to remove, collect, and store the used electric vehicle batteries, including proposed collection services; (3) methods that will be utilized to transport the used electric vehicle batteries to authorized recycling facilities, including the name and location of all authorized recyclers to be directly utilized pursuant to the plan; (4) the processes and methods that will be utilized to reuse used electric vehicle batteries for alternate second-life purposes, recycle used electric vehicle batteries that cannot be reused for alternate uses including a description of the recycling processes that will be used, and, if necessary, a plan for final disposal of used electric vehicle batteries; (5) a strategy for informing consumers and residents of this State about the requirements to properly manage electric vehicle batteries, the environmental impact of the improper handling or disposal of used electric vehicle batteries, and the mechanisms for the collection, transportation, reuse, and recycling or proper disposal of used electric vehicle batteries that are available to consumers; (6) a plan for the implementation and financing of the electric vehicle battery management plan; and (7) any other information, policies, or procedures as the department deems appropriate. Under the bill, the electric vehicle battery management plan would, to the extent practicable, utilize the existing recycling infrastructure. Where the existing recycling infrastructure is not utilized, the electric vehicle battery management plan is required to include the reasons for establishing a separate infrastructure. An electric vehicle battery management plan is required to provide for the financing of the collection, transportation, reuse, and recycling or disposal of used electric vehicle batteries. The costs of such financing is required to be borne by the manufacturers of electric vehicles sold in the State. The department and the manufacturers would be responsible for jointly developing a method that ensures the prompt payment to recycling facilities for costs associated with electric vehicle battery collection, transportation, reuse, and recycling or disposal. An electric vehicle battery management plan would be reviewed and updated, as necessary, at least once every two years. The bill requires a complete electric vehicle battery management plan to be submitted to the department for approval prior to its implementation by manufacturers. The department may approve, disapprove, or conditionally approve the electric vehicle battery management plan. If the department approves the electric vehicle battery management plan, the manufacturer is required to implement the plan within 90 days after receipt of approval from the department or as otherwise agreed to by the department. If the electric vehicle battery management plan is disapproved, the manufacturer would have 30 days to submit a revised electric vehicle battery management plan to the department. The department may approve part, in part, an electric vehicle battery management plan, and may disapprove a part of the plan that does not comply with the requirements of the bill and the rules and regulations adopted pursuant thereto. In this case, the manufacturer is required to implement the approved components, within 90 days after receipt of approval by the department or as otherwise agreed to by the department, and submit a revised electric vehicle battery management plan within 30 days after receipt of notification of the disapproval of the department in order to bring the entire plan into compliance. The department will review and approve, conditionally approve, or disapprove a revised electric vehicle battery management plan within 30 days after receipt of the revised plan. If, at the conclusion of the time period ending 120 days after receipt by the department of a complete electric vehicle battery management plan, the department has neither approved nor disapproved the electric vehicle battery management plan, the electric vehicle battery management plan is to be considered conditionally approved. A manufacturer, subject to any modifications required by the department, is required to implement a conditionally approved electric vehicle battery management plan within 90 days after the plan has been deemed conditionally approved by the department. Within 90 days after the department's approval of an electric vehicle battery management plan, or any revisions thereto, the department is required to post, at a publicly accessible location on its Internet website, each electric vehicle battery management plan and a list identifying each of the manufacturers participating in an electric vehicle battery management plan. Manufacturers implementing electric vehicle battery management plans are required to provide consumers with educational materials related to the electric vehicle battery management plan and the electric vehicle battery collection services that are available. The bill prohibits a manufacturer or retailer of electric vehicles from selling, or offering to sell, electric vehicles to any person in the State unless the manufacturer of the electric vehicle is engaged in the implementation of, or has fully implemented, an electric vehicle battery management plan. A retailer would be deemed to be in compliance with this sales prohibition if, on the date the electric vehicle is ordered thereby, the manufacturer of the electric vehicle is identified on the list maintained on the department's Internet website. If a manufacturer fails to comply with the conditions and terms of an approved electric vehicle battery management plan, the manufacturer would be prohibited from selling or offering for sale electric vehicles in this State. The bill also establishes penalties for violations of the bill's provisions or any rules or regulations adopted pursuant thereto. The bill also requires manufacturers to submit an annual report to the department, which describes or includes, among other things: (1) a description of the methods used to remove, collect, store, transport, reuse, and recycle or dispose of the used electric vehicle batteries under the electric vehicle battery management plan; (2) the number of used electric vehicle batteries collected during the preceding year; (3) the number of used electric vehicle batteries that were reused for second-life, alternate purposes during the preceding year and a description of what the electric vehicle batteries were used for; (4) the number of used electric vehicle batteries that were recycled in the preceding year; (5) the number of used electric vehicle batteries that were disposed of in the preceding year; (6) a list of all manufacturers implementing the electric vehicle battery management plan; (7) the total cost of implementing the electric vehicle battery management plan, including separate figures for the cost of collection, transportation, reuse, recycling, disposal, communication, and any other categories that involved cost; (8) samples of the educational materials provided to consumers of electric vehicles, together with an evaluation of the methods used to disseminate those materials, and an assessment of the educational and outreach effectiveness of those materials; (9) an evaluation of the effectiveness of the electric vehicle battery management plan and any steps necessary to improve the effectiveness of the electric vehicle battery management plan; and (10) any other information the department may require. The bill requires the department to review these reports and issue an annual report on the progress of the electric vehicle battery management plans. Finally, the bill authorizes the department to adopt rules or regulations necessary to implement the provisions of the bill.

Committee Categories

Bob Smith (D)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/09/2024)

Official Document