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         403.7722End-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.