CORRECTED Feb 10 2020
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REFERENCE TITLE: solar; electric vehicle batteries; disposal |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2828 |
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Introduced by Representative Finchem
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AN ACT
amending Title 49, chapter 4, Arizona Revised Statutes, by adding article 11; repealing title 49, chapter 4, article 11, Arizona Revised Statutes; relating to solid waste.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 49, chapter 4, Arizona Revised Statutes, is amended by adding article 11, to read:
ARTICLE 11. SPECIALTY ENVIRONMENTAL COMPONENT DISPOSAL
49-882. Definition of specialty environmental component
In this article, unless the context otherwise requires, "specialty environmental component" means a solar panel for residential, commercial or industrial use or a battery that is used for propulsion of an electric or hybrid electric vehicle.
49-882.01. Specialty environmental components; disposal; fee; exemption; annual report; civil penalty
A. A person may not dispose of a specialty environmental component in a solid waste landfill in this state. A specialty environmental component may only be disposed of at a recycling facility that is approved by the department for that purpose or as otherwise provided in this section.
B. A person who sells or leases a specialty environmental component in this state shall pay a fee of $.85 per .85 kilograms of battery weight for a battery that is a specialty ENVIRONMENTAL COMPONENT and $5 for each solar panel that is a specialty ENVIRONMENTAL component. The department of revenue shall collect the fee at the same time and in the same manner as a transaction privilege tax. The state treasurer shall transfer the monies collected monthly for deposit in the specialty environmental component fund established by section 49-882.02. For any specialty environmental component that is subject to the fee prescribed by this subsection, the owner of the component at the time of its disposal shall return the specialty environmental component to its manufacturer.
C. Subsection A of this section and The fee prescribed by subsection b of this section do not apply to a person selling a specialty environmental component that is produced by a manufacturer that has established a recycling program that provides for responsible end of life management for that specialty environmental component and that reports annually to the department regarding its recycling program. The recycling program may include joint venture agreements with external service providers. The manufacturer's report shall include a description of the recycling program and the number and types of specialty environmental components that were collected or returned to the manufacturer pursuant to its recycling program. A manufacturer that fails to submit its annual report to the department is thereafter subject to the fee prescribed by subsection b of this section, and the department of environmental quality shall so notify the department of revenue.
d. a person who violates subsection a of this section is subject to a civil penalty of not more than $5,000.
49-882.02. Specialty environmental component fund; use; liability
A. The specialty environmental component fund is established consisting of monies collected pursuant to section 49-882.01, this section, gifts, grants and donations. The department shall administer the fund. Monies in the fund are continuously appropriated.
B. Monies in the fund shall be used for recycling orphaned waste from cleanup of pollution or other environmental damage that was caused by the improper disposal of a specialty environmental component and shall be paid to RECYCLING facilities approved as prescribed in section 49‑882.01 to reimburse those recycling facilities that RECEIVE specialty environmental components for disposal. On receiving notice of improper disposal or its resulting pollution, the department may initiate a cleanup and seek reimbursement of those costs from the last known manufacturer of the specialty environmental component. The department shall deposit any reimbursement monies in the specialty environmental component fund.
Sec. 2. Delayed repeal
Title 49, chapter 4, article 11, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2027.
Sec. 3. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.