[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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