[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3356 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3356

To support the reuse and recycling of batteries and critical minerals, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2020

   Mr. King introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To support the reuse and recycling of batteries and critical minerals, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Battery and Critical Mineral 
Recycling Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Battery.--The term ``battery'' means a battery that 
        is--
                    (A) rechargeable; and
                    (B) electrochemical, including lithium ion and 
                other chemistries.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. GRANTS.

    (a) Battery Recycling Research, Development, and Demonstration 
Grants.--
            (1) In general.--The Secretary shall award multiyear grants 
        to eligible entities for research, development, and 
        demonstration projects to create innovative and practical 
        approaches to increase the reuse and recycling of batteries, 
        including by addressing--
                    (A) recycling processes;
                    (B) the development of methods to promote the 
                design and production of batteries that take into full 
                account and facilitate the dismantling, reuse, 
                recovery, and recycling of battery components and 
                materials;
                    (C) strategies to increase consumer acceptance of, 
                and participation in, the recycling of batteries; and
                    (D) the integration of increased quantities of 
                recycled critical minerals in batteries and other 
                products to develop markets for recycled battery 
                materials and critical minerals.
            (2) Eligible entities.--The Secretary may award a grant 
        under paragraph (1) to--
                    (A) an institution of higher education;
                    (B) a National Laboratory;
                    (C) a Federal research agency;
                    (D) a State research agency;
                    (E) a nonprofit organization;
                    (F) an industrial entity;
                    (G) a manufacturing entity;
                    (H) a private battery-collection entity;
                    (I) a State or municipal government entity;
                    (J) a battery retailer; or
                    (K) a consortium of 2 or more entities described in 
                subparagraphs (A) through (J).
            (3) Applications.--
                    (A) In general.--To be eligible to receive a grant 
                under paragraph (1), an eligible entity described in 
                paragraph (2) shall submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    (B) Contents.--An application submitted under 
                subparagraph (A) shall describe how the project will 
                promote collaboration among--
                            (i) vehicle battery manufacturers;
                            (ii) other battery manufacturers;
                            (iii) battery material and equipment 
                        manufacturers;
                            (iv) battery recyclers, collectors, and 
                        refiners; and
                            (v) retailers.
    (b) State and Local Programs.--
            (1) In general.--The Secretary shall establish a program 
        under which the Secretary shall award grants, on a competitive 
        basis, to States and units of local government to assist in the 
        establishment or enhancement of State battery collection, 
        recycling, and reprocessing programs.
            (2) Non-federal cost share.--The non-Federal share of the 
        cost of a project carried out using a grant under this 
        subsection shall be 50 percent of the cost of the project.
            (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report that describes the number of 
        battery collection points established or enhanced, an estimate 
        of jobs created, and the quantity of material collected as a 
        result of the grants awarded under paragraph (1).
    (c) Retailers as Collection Points.--
            (1) In general.--The Secretary shall award grants, on a 
        competitive basis, to retailers that sell batteries to 
        establish and implement a system for the acceptance and 
        collection of used batteries for reuse, recycling, or proper 
        disposal.
            (2) Collection system.--The system described in paragraph 
        (1) shall include take-back of used batteries at no cost to the 
        consumer.

SEC. 4. LITHIUM-ION BATTERY RECYCLING PRIZE COMPETITION.

    (a) In General.--The Secretary shall continue to carry out the 
existing Lithium-Ion Battery Recycling Prize competition of the 
Department of Energy established under section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).
    (b) Additional Funding for Pilot Projects.--In addition to any 
other funds made available to the Secretary to carry out the 
competition described in subsection (a), there is authorized to be 
appropriated to the Secretary to carry out Phase III of that 
competition $10,000,000 for fiscal year 2021, to remain available until 
expended, which the Secretary may use--
            (1) to increase the number of winners of Phase III of that 
        competition;
            (2) to increase the amount awarded to the winners of Phase 
        III of that competition; or
            (3) to carry out any other activity that is consistent with 
        the goals of Phase III of that competition, as determined by 
        the Secretary.

SEC. 5. BEST PRACTICES FOR COLLECTION OF BATTERIES.

    (a) In General.--The Administrator of the Environmental Protection 
Agency (referred to in this section as the ``Administrator'') shall 
develop best practices for the collection of batteries that may be 
cost-effectively implemented by States and units of local government.
    (b) Coordination.--The Administrator shall develop best practices 
under subsection (a) in coordination with State and local leaders and 
entities in relevant private sectors.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report 
describing the best practices developed under this section.

SEC. 6. VOLUNTARY LABELING PROGRAM.

    (a) In General.--There is established within the Department of 
Energy and the Environmental Protection Agency a voluntary program to 
promote battery recycling and identify collection points in order to 
reduce battery waste, improve collection, and reduce safety concerns 
through--
            (1) voluntary labeling of batteries; or
            (2) other forms of communication about the reuse and 
        recycling of critical materials from batteries.
    (b) Division of Responsibilities.--Responsibilities under the 
program established by subsection (a) shall be divided between the 
Secretary and the Administrator of the Environmental Protection Agency 
(referred to in this section as the ``Administrator'') in accordance 
with the terms of applicable agreements between the Secretary and the 
Administrator.

SEC. 7. TASK FORCE ON PRODUCER REQUIREMENTS.

    (a) In General.--The Secretary shall convene a task force to 
develop an extended battery producer responsibility framework that--
            (1) addresses battery recycling goals, cost structures for 
        mandatory recycling, reporting requirements, product design, 
        collection models, and transportation of collected materials;
            (2) provides sufficient flexibility to allow battery 
        producers to determine cost-effective strategies for compliance 
        with the framework; and
            (3) outlines regulatory pathways for effective recycling.
    (b) Task Force Participants.--The task force convened under 
subsection (a) shall include--
            (1) battery producers, retailers, recyclers, collectors, 
        and refiners;
            (2) States and municipalities; and
            (3) other relevant stakeholders, as determined by the 
        Secretary.
    (c) Report.--Not later than 1 year after the date on which the 
Secretary convenes the task force under subsection (a), the Secretary 
shall submit to Congress a report that--
            (1) describes the extended producer responsibility 
        framework developed by the task force;
            (2) includes the recommendations of the task force on how 
        best to implement a mandatory pay-in or other enforcement 
        mechanism to ensure battery producers and sellers are 
        contributing to the recycling of batteries; and
            (3) suggests regulatory pathways for effective recycling.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$30,000,000 for each of fiscal years 2021 through 2025.
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