Lawmakers in New Jersey propose bill to Safely Manage Impending Avalanche of EV batteries

TRENTON, NJ – As Governor Phil Murphy’s gasoline-powered car ban nears, lawmakers in Trenton are grappling with the problem of what to do with all of the new electronic vehicle batteries once they expire.

EV battery pollution and waste could be the twenty-first centuries next big solid waste dilemma.

New legislation is seeking to mitigate the impending economic avalanche.

The new bill proposes several measures related to electric vehicle (EV) batteries in New Jersey:

1. Labeling Requirement: The bill would mandate that all electric vehicle batteries sold in the state must have a permanent label providing information about the battery. This requirement aligns with the labeling rules recently adopted by California.
2. Disposal Restrictions: The bill explicitly prohibits the disposal of EV batteries and their subcomponents as solid waste. Solid waste collectors and disposal facilities would have the authority to refuse collection or acceptance of containers or loads containing EV batteries.
3. Battery Replacement: When an EV battery is replaced in an operational vehicle, the person performing the replacement would be responsible for ensuring proper reuse, repurposing, or recycling of the old battery. Both the new and old batteries must be appropriately managed and tracked.
4. Decommissioned Vehicle Responsibility: If a vehicle is being taken out of commission, the entity assuming ownership of the decommissioned vehicle, such as a vehicle recycler, would be responsible for ensuring the proper recycling of the battery.
5. Consumer Battery Return: Authorized Class D recycling centers or retailers of EVs or EV batteries would be required to accept unwanted batteries from consumers. Retailers could deliver collected batteries to distributors, and distributors would then deliver them to manufacturers for proper disposal. Retailers must post signs informing consumers about their ability to bring unwanted batteries for recycling.
6. Training and Education: The Department of Environmental Protection (DEP) would develop training materials or courses for individuals handling EV batteries before or at the end of their lifecycle. The DEP would also establish mechanisms for addressing consumer complaints and conduct a public education program to disseminate information about the bill’s provisions.
7. DEP Authority and Violations: The DEP would be granted authority to conduct compliance inspections of recycling centers, vehicle recyclers, retailers, distributors, and manufacturers of EVs and EV batteries. Violations of the bill’s provisions would be considered violations of the “Solid Waste Management Act,” with potential civil administrative penalties of up to $50,000 per violation.

These measures aim to regulate the labeling, disposal, replacement, and recycling of EV batteries, as well as promote consumer awareness and responsible management of these batteries in New Jersey.