Florida Senate - 2025 SB 1630 By Senator Harrell 31-01328A-25 20251630__ 1 A bill to be entitled 2 An act relating to electric vehicle battery 3 management; providing a short title; creating s. 4 403.7722, F.S.; providing definitions; providing 5 requirements for the end-of-life of propulsion 6 batteries; prohibiting disposal of specified batteries 7 by landfilling; providing requirements for solid waste 8 collectors and facilities; providing responsibilities 9 for certain persons and entities; requiring specified 10 annual reports; providing rulemaking authority to the 11 Department of Environmental Protection; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. This act may be cited as the “Promoting 17 Responsible End-of-Life Management for Electric Vehicle 18 Batteries Act.” 19 Section 2. Section 403.7722, Florida Statutes, is created 20 to read: 21 403.7722 End-of-life management for electric vehicle 22 batteries.— 23 (1) DEFINITIONS.—As used in this section, the term: 24 (a) “Battery” means a device consisting of one or more 25 electrically connected electrochemical cells that is designed to 26 receive, store, and deliver electric energy. 27 (b) “Battery management hierarchy” means the preference for 28 salvage motor vehicle dealers, secondary handlers, secondary 29 users, or battery providers to first strive to reuse, repair, 30 repurpose, or remanufacture batteries when possible and cost 31 effective before management using a specialized battery 32 recycler. 33 (c) “Battery provider”: 34 1. Means: 35 a. A person or entity that initially sells, offers for 36 sale, or distributes a propulsion battery or a vehicle 37 containing such a battery in or into this state, including 38 licensed vehicle manufacturers or propulsion battery 39 manufacturers that distribute propulsion batteries under the 40 person’s or entity’s own name or brand. 41 b. If there is no vehicle manufacturer or primary seller as 42 described in subparagraph 1., the owner or licensee of a brand 43 or trademark under which the propulsion battery is sold or 44 distributed in or into the state. This includes an exclusive 45 licensee with the exclusive right to use the trademark or brand 46 in connection with the distribution or sale of propulsion 47 batteries. 48 c. If no person or entity meets the criteria in 49 subparagraph 1. or subparagraph 2., the battery provider is the 50 person or entity who imports for sale, distribution, or 51 installation a propulsion battery into this state. 52 d. If no other person or entity is designated as the 53 battery provider under this subparagraph, subparagraph 2., or 54 subparagraph 3., the distributor, retailer, dealer, or 55 wholesaler that sells or distributes the propulsion battery in 56 or into this state shall be deemed the battery provider. 57 2. Does not include a secondary handler who sells, offers 58 for sale, or distributes a battery in or into the state, if the 59 battery has not been modified, remanufactured, or repurposed. 60 61 For the purposes of this paragraph, the sale of a propulsion 62 battery is considered to occur in this state if the battery, or 63 the vehicle containing the battery, is delivered to a licensed 64 dealer or directly to the consumer in this state. 65 (d) “Battery state of health” means a figure of merit, 66 measured in kilowatt-hours and a percentage of remaining 67 kilowatt-hours as compared to its initial capacity, provided to 68 facilitate understanding of the battery’s remaining energy 69 retention capacity as compared to its original specifications 70 when it was new. 71 (e) “End-of-life” means the stage when a propulsion battery 72 is removed from its initial intended application and is 73 evaluated by a secondary handler, secondary user, or specialized 74 battery recycler for reuse, remanufacture, repair, repurpose, or 75 recycling. 76 (f) “Propulsion battery” means a battery that supplies 77 power to propel an electric or hybrid vehicle. 78 (g) “Remanufacture” means the process of refurbishing end 79 of-life battery modules or cells to fulfill a battery module’s 80 or cell’s primary intended purpose. 81 (h) “Repurpose” means the use of a propulsion battery, or 82 any battery modules or battery cells thereof, to store and 83 supply electricity in a manner other than its primary intended 84 purpose. 85 (i) “Reuse” means the use of a propulsion battery in 86 another vehicle that does not require modification to the 87 battery. 88 (j) “Secondary handler” means any entity that takes 89 possession of a propulsion battery to sort, reuse, repair, 90 remanufacture, or prepare the battery for repurposing by a 91 secondary user or end-of-life management by a specialized 92 battery recycler. The term includes a salvage motor vehicle 93 dealer, as defined in s. 320.27(1)(c)5., or a secondary metals 94 recycler, as defined in s. 538.18, when they are managing 95 propulsion batteries. 96 (k) “Secondary user” means an entity that repurposes a 97 propulsion battery before ensuring that the battery is directed 98 to a specialized battery recycler. 99 (l) “Solid waste collector” means a person who operates 100 collection routes for the removal of solid waste from 101 residential, multi-residential, commercial, or industrial 102 premises. 103 (m)1. “Specialized battery recycler” means an entity or 104 facility that is authorized by the department or an equivalent 105 agency in another state, or an applicable federal regulatory 106 body, and performs one or both of the following: 107 a. Refines end-of-life vehicle propulsion batteries or 108 battery materials back to useable materials. 109 b. Extracts and separates materials from end-of-life 110 vehicle traction batteries, including, but not limited to, 111 lithium compounds, cobalt, nickel, copper, aluminum, iron, 112 manganese, graphite, or intermediate fractions, and sends the 113 material for further processing or refining to another 114 specialized battery recycler. 115 2. The term “specialized battery recycler” does not include 116 entities or facilities that are only engaged in the collection 117 or logistics of moving materials for recycling. 118 (n) “Spent battery” means a propulsion battery for which 119 the costs associated with recycling the battery presents an 120 economical, physical, informational, or a digital communication 121 burden for the owner of the vehicle or an entity that has 122 removed the battery from the vehicle. 123 (2) DISPOSAL OF PROPULSION BATTERIES.— 124 (a) All propulsion batteries shall be managed responsibly 125 at end-of-life in accordance with this section. Disposal of 126 propulsion batteries through landfilling is prohibited. 127 (b) A solid waste collector may not knowingly collect a 128 propulsion battery, or any module or cell thereof, placed for 129 collection and disposal as solid waste. A solid waste collector 130 shall refuse to collect a solid waste container containing a 131 propulsion battery, or any battery components thereof. 132 (c) A solid waste facility may not knowingly accept for 133 disposal a propulsion battery, or any module or cell components 134 thereof, or a truckload or roll-off container of solid waste 135 containing a propulsion battery, or any module or cell 136 components thereof. The owner or operator of a solid waste 137 facility shall refuse to accept for disposal a propulsion 138 battery, or any module or cell thereof, or any truckload or 139 roll-off container of solid waste containing a propulsion 140 battery, or any module or cell components thereof. 141 (3) RESPONSIBILITIES OF SECONDARY HANDLERS, AND SECONDARY 142 USERS.— 143 (a) Upon taking possession of a propulsion battery, 144 secondary handlers, including automobile wreckers managing 145 propulsion batteries, and secondary users shall manage 146 propulsion batteries in accordance with the battery management 147 hierarchy in this section. If a secondary handler identifies a 148 propulsion battery as a spent battery the handler shall notify 149 the battery provider who will assume responsibility for the end- 150 of-life management for that battery. 151 (b) For batteries that are unable to be further reused, 152 repurposed, or remanufactured, secondary handlers and secondary 153 users shall coordinate with a specialized battery recycler for 154 end-of-life management to ensure compliance with this section. 155 When a battery provider acts as a secondary handler or secondary 156 user, the battery provider is subject to the responsibilities of 157 secondary handlers and secondary users imposed under this 158 section. A battery provider who is also acting as a secondary 159 handler or secondary user may file a single annual report that 160 shows proof of meeting all of the requirements in this section. 161 (c) If a secondary handler or secondary user modifies a 162 propulsion battery, the secondary handler or secondary user must 163 provide updated labeling which identifies the secondary handler 164 or secondary user as the entity responsible for end-of-life 165 management of the modified battery before it may be provided for 166 sale back on the market. 167 (d) Secondary handlers and secondary users shall submit 168 annual reports to the department containing all of the 169 following, as applicable: 170 1. The total volume of batteries that have been procured. 171 2. The secondary handlers involved in battery collections. 172 3. A brief overview of the methods used to transport used 173 propulsion batteries. 174 4. The volume of batteries that will be reused, repurposed, 175 remanufactured, or sent to a specialized battery recycler to be 176 recycled. 177 5. A brief overview of the processes used to reuse, 178 repurpose, remanufacture, or recycle used propulsion batteries. 179 (e) A specialized battery recycler may submit the report on 180 behalf of a secondary handler or secondary user from which the 181 specialized battery recycler has received propulsion batteries 182 for end-of-life management if the report includes all the 183 information required under paragraph (d). 184 (4) RESPONSIBILITIES OF BATTERY PROVIDERS.— 185 (a) A battery provider shall: 186 1. Ensure the responsible end-of-life management of a 187 propulsion battery that is returned to a battery provider in 188 accordance with the battery management hierarchy. 189 2. Upon receiving notification from a secondary handler or 190 secondary user regarding a spent battery, be responsible for 191 retrieving the battery in a timely and safe manner. 192 3. Coordinate with specialized battery recyclers for the 193 end-of-life management of propulsion batteries. 194 (b) A propulsion battery in a vehicle sold in this state 195 shall enable easily interpretable and accessible battery state 196 of-health data either while the battery is in the vehicle or 197 once it has been removed for the purpose of potential reuse, 198 repurposing, or remanufacture of the battery pursuant to the 199 battery management hierarchy. A propulsion battery sold in the 200 state while embedded in a vehicle must also include a physical 201 indication of and information on the battery type and chemistry, 202 known pollutants and composition, and safe-handling information. 203 A battery provider is not responsible for the end-of-life 204 management of remanufactured or repurposed batteries unless it 205 performed the remanufacturing or repurposing or agreed to accept 206 responsibility by contract. 207 (c) Battery providers shall submit an annual report to the 208 department containing the following information: 209 1. The total volume of propulsion batteries managed at end 210 of-life. 211 2. The total volume of propulsion batteries managed by 212 specialized battery recyclers. 213 (d) A specialized battery recycler may submit the report on 214 behalf of a battery provider from which the specialized battery 215 recycler has received propulsion batteries for end-of-life 216 management if the report includes all the information required 217 under paragraph (c). 218 (5) RESPONSIBILITIES OF A PERSON OR ENTITY.—A person or an 219 entity who is not a battery provider, secondary handler, or 220 secondary user seeking to discard a propulsion battery shall: 221 (a) Arrange for the return or pickup of the propulsion 222 battery or the vehicle containing the propulsion battery to the 223 battery provider, remanufacturer, or repurposer identified on 224 the battery label; or 225 (b) Sell or transfer the propulsion battery or the vehicle 226 containing the propulsion battery to a secondary handler, 227 secondary user, or specialized battery recycler. 228 (6) RESPONSIBILITIES OF SPECIALIZED BATTERY RECYCLERS. 229 Specialized battery recyclers shall submit an annual report to 230 the department containing all of the following information: 231 (a) The total volume of propulsion batteries managed at 232 end-of-life, including those repurposed or recycled. 233 (b) The total volume of propulsion batteries recycled. 234 (c) The recovery rates of lithium, nickel, cobalt, copper, 235 aluminum, and graphite, as applicable. 236 (7) RESPONSIBILITIES OF THE DEPARTMENT.—To implement the 237 provisions of this section, the department shall: 238 (a) Communicate to the regulated community the prohibition 239 against landfilling propulsion batteries. 240 (b) Authorize specialized battery recyclers. 241 (c) Notify battery providers, secondary handlers, secondary 242 users, and specialized battery recyclers of their 243 responsibilities under this section. 244 (d) Determine how to proceed if the federal government 245 creates any laws or regulations pertaining to propulsion 246 batteries which may impact the requirements provided under this 247 section. The department shall review, evaluate, and compare the 248 federal requirements and shall, if necessary, revise state 249 regulations to ensure compliance with federal standards and to 250 achieve greater efficiency and feasibility. 251 (e) Determine and enforce violations and penalties for 252 battery providers, specialized battery recyclers, secondary 253 handlers, and secondary users who fail to meet the requirements 254 outlined in this act, in alignment with section 5 of the 255 Mercury-Containing and Rechargeable Battery Management Act, 42 256 U.S.C. s. 14301. 257 (f) Adopt any other necessary rules. 258 Section 3. This act shall take effect July 1, 2025.