Laws, Regulations and Annotations
Search
Business Taxes Law Guide—Revision 2024
Lead-Acid Battery Recycling Act of 2016
Health and Safety Code
Division 20. Miscellaneous Health and Safety Provisions
Chapter 6.5. Hazardous Waste Control
Article 10.5. The Lead-Acid Battery Recycling Act of 2016
Section 25215.5
25215.5. Management of lead-acid battery fees collected. (a) Lead-acid battery fees collected pursuant to this article shall be managed as follows:
(1) The board shall retain moneys necessary for the payment of refunds and reimbursement of the board for expenses in the collection of the fees.
(2) The remaining moneys shall be deposited into the Lead-Acid Battery Cleanup Fund, which is hereby created in the State Treasury, and is available upon appropriation by the Legislature to the department for the purposes specified in this section.
(b) (1) Moneys in the Lead-Acid Battery Cleanup Fund shall be expended for the following activities:
(A) Investigation or site evaluation of any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility.
(B) Cleanup, remedial action, removal, monitoring, or other response actions to address contamination from a lead-acid battery recycling facility at any area of the state that, pursuant to Section 25215.51, the department determines with reasonable certainty was contaminated by releases from the operation of that lead-acid battery recycling facility.
(C) Oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances and hazardous waste at or from the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. This subparagraph shall apply retroactively to oversight or performance of closure activities and response and corrective actions conducted on or after September 26, 2016.
(D) Administration of the Lead-Acid Battery Cleanup Fund and the department's administration and implementation of this article.
(E) Repayment of a loan described in Section 25215.59 that was made before September 26, 2016, or any other loan made for purposes set forth in subparagraphs (A) to (C), inclusive. Moneys shall be expended for purposes of this subparagraph only after the activities specified in subparagraphs (A) to (D), inclusive, have been fully funded in a given fiscal year.
(2) (A) Moneys in the Lead-Acid Battery Cleanup Fund shall not be used to implement Article 14 (commencing with Section 25251) with respect to lead-acid batteries or to loan moneys to any other program.
(B) Any government action not required by this article that would have the effect of reducing the availability of fee revenue to the Lead-Acid Battery Cleanup Fund shall be considered a negative economic impact pursuant to subparagraph (M) of paragraph (2) of subdivision (a) of Section 25253.
(3) Notwithstanding any other law, any costs incurred by the department using moneys from the Lead-Acid Battery Cleanup Fund pursuant to paragraph (1) that are recovered shall be deposited into the Lead-Acid Battery Cleanup Fund.
(c) The department shall report to the Legislature by March 1 of each year on the status of the Lead-Acid Battery Cleanup Fund and on the department's progress implementing this article, including, but not limited to, the sites at which actions were performed using moneys from the fund, the status of cleanup at those sites, including total anticipated costs of cleanup at those sites, the balance of the fund, the amount of fees remitted to the fund, the amount spent by the fund and the purposes for which those amounts were spent, the amounts reimbursed to the board pursuant to paragraph (1) of subdivision (a), and any other information requested by the Legislature. Each annual report shall be released to the public on the same day it is provided to the Legislature.
History—Added by Stats. 2016, Ch. 666 (AB 2153), in effect September 26, 2016, but operative January 1, 2017. Stats. 2019, Ch. 860 (AB 142), effective October 13, 2019, added "or"; deleted comma after "Investigation"; deleted ", cleanup,…response actions at"; and added "of" following "site evaluation" in subparagraph (A) of paragraph (1) of subdivision (b), added subparagraph (B) to paragraph (1) of subdivision (b), relettered former subparagraphs (B) and (C) as (C) and (D) of paragraph (1) of subdivision (b), substituted "that" for "which" and added the second sentence in subparagraph (D) of paragraph (1) of subdivision (b), lettered part of paragraph (2) of subdivision (b) as subparagraph (A), and added subparagraph (B) to paragraph (2) of subdivision (b), added "annually" before "report"; substituted "March 1 of each year" for "February 1, 2018, and annually thereafter" in the first sentence in subdivision (c), and added the second sentence in subdivision (c). Stats. 2020, Ch. 18 (AB 92), in effect June 29, 2020, deleted "the effective date of the act that added this section", added "September 26, 2016" in subparagraph (D), added subparagraph (E) to paragraph (1) of subdivision (b); added paragraph (3) to subdivision (b); and deleted "annually" before "report" in first sentence of subdivision (c). Stats. 2020, Ch. 276 (AB 2104), in effect January 1, 2021, deleted "directly attributable to releases from a facility known to have been" and added "from" after "contaminated" to subparagraph (B) in subdivision (b); deleted subparagraph (E); relettered former subparagraph (C) to (D) and subparagraph (D) to (E); added new subparagraph (C); substituted "subparagraphs" for "subparagraph" and added "to (C), inclusive," after (A) in first sentence and substituted "D" for "C" in second sentence of subparagraph (E); added paragraph (3) to subdivision (b).