[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1918 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1918
To support the reuse and recycling of batteries and critical minerals,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 27, 2021
Mr. King (for himself, Mr. Burr, and Ms. Cortez Masto) 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 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Battery.--The term ``battery'' means a device that--
(A) consists of 1 or more electrochemical cells
that are electrically connected; and
(B) is designed to store and deliver electric
energy.
(3) Battery producer.--The term ``battery producer'' means,
with respect to a covered battery or covered battery-containing
product that is sold, offered for sale, or distributed for sale
in the United States, including through retail, wholesale,
business-to-business, and online sale, the following applicable
entity:
(A) A person who--
(i) manufactures the covered battery or
covered battery-containing product; and
(ii) sells or offers for sale the covered
battery or covered battery-containing product
under the brand of that person.
(B) If there is no person described in subparagraph
(A) with respect to the covered battery or covered
battery-containing product, the owner or licensee of
the brand under which the covered battery or covered
battery-containing product is sold, offered for sale,
or distributed, regardless of whether the trademark of
the brand is registered.
(C) If there is no person described in subparagraph
(A) or (B) with respect to the covered battery or
covered battery-containing product, a person that
imports the covered battery or covered battery-
containing product into the United States for sale or
distribution.
(4) Covered battery.--The term ``covered battery'' means a
new or unused primary battery or rechargeable battery.
(5) Covered battery-containing product.--The term ``covered
battery-containing product'' means a new or unused product that
contains or is packaged with a primary battery or rechargeable
battery.
(6) Primary battery.--The term ``primary battery'' means a
nonrechargeable battery that weighs not more than 4.4 pounds,
including an alkaline, carbon-zinc, and lithium metal battery.
(7) Rechargeable battery.--
(A) In general.--The term ``rechargeable battery''
means a battery that--
(i) contains 1 or more voltaic or galvanic
cells that are electrically connected to
produce electric energy;
(ii) is designed to be recharged;
(iii) weighs not more than 11 pounds; and
(iv) has a watt-hour rating of not more
than 300 watt-hours.
(B) Exclusions.--The term ``rechargeable battery''
does not include a battery that--
(i) contains electrolyte as a free liquid;
or
(ii) employs lead-acid technology, unless
that battery is sealed and does not contain
electrolyte as a free liquid.
(8) Recycling.--The term ``recycling'' means the series of
activities, including separation, collection, and processing,
through which materials are recovered or otherwise diverted
from the solid waste stream--
(A) unrelated to the manufacturing of batteries;
and
(B) for use--
(i) as raw materials; or
(ii) in the manufacture of products other
than fuel.
(9) 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 activities;
(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;
(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;
(E) safe disposal of waste materials and components
recovered during the recycling process;
(F) the protection of the health and safety of all
persons involved in, or in proximity to, recycling and
reprocessing activities;
(G) mitigation of environmental impacts that arise
from recycling batteries, including disposal of toxic
reagents and byproducts related to recycling processes;
(H) protection of data privacy associated with
collected covered battery-containing products;
(I) the optimization of the value of material
derived from recycling batteries; and
(J) the cost-effectiveness of the reuse and
recycling of batteries.
(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) an entity operating 1 or more battery recycling
activities;
(J) a State or municipal government entity;
(K) a battery producer;
(L) a battery retailer; or
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(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) battery producers and manufacturers;
(ii) battery material and equipment
manufacturers;
(iii) battery recyclers, collectors, and
refiners; and
(iv) 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 covered batteries or
covered battery-containing products to establish and implement
a system for the acceptance and collection of covered batteries
and covered battery-containing products, as applicable, for
reuse, recycling, or proper disposal.
(2) Collection system.--A system described in paragraph (1)
shall include take-back of covered batteries--
(A) at no cost to the consumer; and
(B) on a regular, convenient, and accessible basis.
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 TO BE RECYCLED.
(a) In General.--The Administrator shall develop voluntary best
practices that may be implemented by State and local governments with
respect to the collection of batteries to be recycled in a manner
that--
(1) to the maximum extent practicable, is technically and
economically feasible for State and local governments;
(2) is environmentally sound and safe for waste management
workers; and
(3) optimizes the value and use of material derived from
recycling of batteries.
(b) Consultation.--The Administrator shall develop the voluntary
best practices described in subsection (a) in coordination with State
and local leaders and entities in relevant private sectors.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing the voluntary best practices developed under subsection (a).
SEC. 6. VOLUNTARY LABELING GUIDELINES.
(a) In General.--There is established within the Department of
Energy and the Environmental Protection Agency a voluntary program
(referred to in this section as the ``program'') to promote battery
recycling through the development of--
(1) voluntary labeling guidelines for batteries; and
(2) other forms of voluntary communication about the reuse
and recycling of critical materials from batteries.
(b) Purposes.--The purposes of the program are to improve battery
collection and reduce battery waste, including by--
(1) identifying battery collection locations and increasing
accessibility to those locations;
(2) promoting consumer education about battery collection
and recycling; and
(3) reducing safety concerns relating to the improper
disposal of batteries.
(c) Division of Responsibilities.--Implementation responsibilities
under the program shall be divided between the Secretary and the
Administrator in accordance with the terms of 1 or more applicable
agreements between the Secretary and the Administrator.
(d) Other Standards and Law.--The Secretary and the Administrator
shall make every reasonable effort to ensure that voluntary labeling
guidelines and other forms of communication developed under the program
are consistent with--
(1) international battery labeling standards; and
(2) the Mercury-Containing and Rechargeable Battery
Management Act (42 U.S.C. 14301 et seq.).
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 Members.--Members of the task force convened under
subsection (a) shall include--
(1) battery producers, manufacturers, retailers, recyclers,
collectors, and refiners;
(2) States and municipalities; and
(3) other relevant stakeholders, such as environmental,
clean energy, or consumer advocates, 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 that battery producers and sellers are
contributing to the recycling of batteries; and
(3) suggests regulatory pathways for effective recycling.
SEC. 8. EFFECT ON MERCURY-CONTAINING AND RECHARGEABLE BATTERY
MANAGEMENT ACT.
Nothing in this Act, or any regulation, guideline, framework, or
policy adopted or promulgated pursuant to this Act, shall modify or
otherwise affect the provisions of the Mercury-Containing and
Rechargeable Battery Management Act (42 U.S.C. 14301 et seq.).
SEC. 9. 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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