Bill > A1881

Introduced Session

This bill would require the Department of Environmental Protection (DEP), no later than one year after the bill's effective date, to develop standards for the form and content of a label to be affixed to the battery of an electric vehicle by an electric vehicle manufacturer. The purpose of these standards is to ensure that the labels, developed by electric vehicle manufacturers pursuant to the bill, contain all of the information required by the DEP, are legible, and are affixed properly to the battery of an electric vehicle. The standards would be required to include, at a minimum: (1) specific information required to be included on the electric vehicle battery label, such as: (a) the company name of the electric vehicle; (b) the battery manufacturer; (c) the date of the battery's manufacture; (d) the identification of the battery's cathode chemistry; (e) the battery voltage performance and battery capacity; (f) the battery composition and processing information; and (g) a quick response (QR) code that can be scanned to provide access to the electric vehicle battery tracking database established pursuant to section 5 of the bill; (2) label placement information concerning where to affix the label on an electric vehicle battery, specifically requiring the label to be affixed to the exterior of the electric vehicle battery in such a manner that the label is visible and accessible when the battery is removed from the vehicle; (3) label placement information that is specific to electric vehicle batteries that are designed to separate into different parts, including a requirement that the label be affixed to the exterior of each part of the electric vehicle battery; (4) label formatting information; and (5) any other information the department deems necessary. The bill would also require manufacturers of electric vehicles, no later than 18 months after the bill's effective date, to develop a label, in compliance with the standards established by the department pursuant to the bill, to affix to the batteries of the electric vehicles that the manufacturer produces. A manufacturer would be required to submit a sample of the electric vehicle battery label to the DEP for approval. The DEP would be required to approve the label upon a determination that the label meets the DEP's standards. If the DEP determines that the format or location of the label does not comply with the standards, the DEP may require that the label or its location be modified accordingly. Upon request, the DEP may approve an alternate label location adjacent to the battery if the application of the label to the battery will render the label illegible. The DEP would also be required to determine a process for the submission, review, and approval of electric vehicle battery labels. Beginning two years after the bill's effective date, electric vehicle manufacturers would be prohibited from selling an electric vehicle unless the electric vehicle contains an electric vehicle battery that is affixed with the label required by the bill that is consistent with the standards set by the DEP. A manufacturer who violates the bill's provisions would be subject to a civil penalty of $1,000 for a first offense and $3,000 for a second offense. Third and subsequent violations would be subject to a civil penalty of not more than $5,000 for each offense. Each violation would constitute a separate offense, and each day that such violation continues shall constitute a separate offense. The DEP, no later than 18 months after the bill's effective date, would be required to establish and maintain a database to track electric vehicle batteries throughout the State. The purpose of the electric vehicle battery tracking database would be to provide information on the quantity of electric vehicle batteries within the State, battery-specific information to the owners of electric vehicles, and educational material on the safe disassembly, recycling, repurposing, and disposal of electric vehicle batteries. The database would be accessible by the QR code on the electric vehicle battery labels established pursuant to this bill. The database would be required to include, at a minimum: (1) all of the information required to be included on the electric vehicle battery label pursuant to the standards set by the department pursuant to section 2 of the bill; (2) any disclosure of hazardous materials or heavy metals present in the electric vehicle battery; (3) any product safety information or recall information, as applicable; (4) instructions for the safe disassembly of an electric vehicle battery from an electric vehicle; (5) contact information of the original equipment manufacturer to request the safe disposal of the battery; and (6) information concerning electric vehicle battery recycling, reuse, repurposing, and disposal options. The DEP would be required to review the information in the database and submit a report annually to the Governor and the Legislature on the effectiveness of the database in tracking electric vehicle batteries throughout the State, providing battery-specific information to the owners of electric vehicles, and educating the owners of electric vehicles, employees of motor vehicle repair shops, and electric vehicle manufacturers on how to safely dissemble, recycle, repurpose, and properly dispose of electric vehicle batteries. Lastly, the bill would require the DEP, no later than one year after the bill's effective date, to establish guidelines for the safe disassembly of electric vehicle batteries from electric vehicles and for the recycling, reuse, repurposing, and proper disposal of electric vehicle batteries within the State. The guidelines would serve as an educational guide for any person who may be in the position to disassemble an electric vehicle, but would also be accessible to any person in the State. The DEP would be required to publish the guidelines on the department's Internet website and update the guidelines annually. The guidelines would be required to include, at a minimum: (1) informational resources, training, and safety measures for the safe disassembly of an electric vehicle battery from an electric vehicle; and (2) information about recycling, reuse, repurposing, and disposal options for electric vehicle batteries within the State. Millions of electric vehicles have been sold in the United States during recent years. This recent increase in electric vehicle use, while positive for the fight against climate change, has presented new environmental challenges, such as where and how to properly dispose of used electric vehicle batteries, how to reuse or repurpose used electric vehicle batteries in a cost-effective way, and how to properly disassemble an electric vehicle battery from an electric vehicle. This bill would require important information about an electric vehicle battery to be labeled on the battery and also linked to an electric vehicle battery tracking database. The database would also provide educational resources concerning battery disassembly from an electric vehicle and battery recycling, reuse, repurposing, and disposal options. Lithium-ion electric vehicle batteries, which are the most commonly used electric vehicle batteries today, contain toxic chemicals that should not be placed into landfills, since they could be hazardous, cause pollution, contaminate nearby soil and water, and potentially explode if mishandled. Many used electric vehicle batteries also still retain up to 70 percent of their battery capacity when they are no longer able to power a vehicle effectively. For this reason, it is cost-effective for these used electric vehicle batteries to be reused for alternate purposes, such as home energy storage, power for streetlights, power to back-up elevators, and solar energy storage, until they are fully expired of their battery life prior to recycling or disposal. According to the California Air Resources Board, electric vehicle battery labeling will also help to enable the efficient sorting of batteries, improve the economic efficiency of material recovery, enable the reuse of used batteries for second-life applications, and prevent improper battery disposal or exposure to hazards.

AI Summary

Committee Categories

Sterley Stanley (D)*, 

Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee (on 01/09/2024)

Official Document