6. a. No later than 18 months after the completion of the needs assessment required pursuant to section 4 of this act, the department shall adopt rules and regulations establishing standards and criteria for battery management plans submitted pursuant to this section. No later than 180 days after the adoption of rules and regulations pursuant to this section, each producer of propulsion batteries sold within the State, either individually or as a part of a group of producers, shall, in consultation with the department, develop and submit a battery management plan to the department for review and approval pursuant to section 7 of this act. The plan shall provide for producers to be responsible for the collection and management of the producer’s used propulsion batteries that are offered to the producer for take-back by the current battery owner. The plan may include a complete vehicle take-back program, a battery take-back program, or any other such program approved by the department.

b. A producer shall be deemed responsible for the end-of-life management of a propulsion battery pursuant to this act as follows:

(1) for a propulsion battery embedded in a vehicle that is sold in the State, or sold or distributed in or into the State via remote sale or distribution:

(a) if the battery is sold in a vehicle under the vehicle manufacturer’s own brand, the vehicle manufacturer shall be responsible for the battery;

(b) if the battery is sold in a vehicle under a different brand than that of the vehicle manufacturer, the person that is the licensee of the brand or trademark under which the vehicle is sold, offered for sale, or distributed in or into the State, whether or not the trademark is registered in the State, shall be responsible for the battery; and

(c) if there is no person described by subparagraphs (a) or (b) of this paragraph within the United States, the person that imports the battery-containing vehicle into the United States for sale, offering for sale, or distribution in the State shall be responsible for the battery; and

(2) for a propulsion battery that is sold in the State, or sold or distributed in or into the State via remote sale or distribution, and which is not embedded in a vehicle:

(a) if the battery was manufactured in the United States, and has not been remanufactured or repurposed, the battery manufacturer shall be responsible for the battery.

(b) if the battery has been remanufactured or repurposed in the United States, the person that remanufactures or repurposes the battery shall be responsible for the battery, except as provided in subsection c. of this section; and

(c) if there is no person described by subparagraphs (a) or (b) of this paragraph within the United States, the person that imports the battery into the United States for sale, offering for sale, or distribution in the State shall be responsible for the battery.

c. Notwithstanding the provisions of subsection b. of this section to the contrary, the original producer of a propulsion battery shall not be responsible for the management of a battery that a secondary producer has remanufactured or repurposed, unless:

(1) the secondary producer is in a contractual relationship with the original producer, which provides for the retention of responsibility for the end-of-life management of the battery by the primary producer; and

(2) the contract has been provided to the department as part of a battery management plan or through another means approved by the department.

d. A battery management plan prepared and submitted pursuant to this section shall include, at a minimum:

(1) methods that will be used to accept and transport the used propulsion batteries or complete vehicles offered to the producer, including proposed collection services, and the role of vehicle recyclers and authorized propulsion battery recyclers;

(2) processes and methods that will be utilized to remanufacture, repurpose, or recycle propulsion batteries that have reached the end of their service life, including, as applicable, the identity of authorized propulsion battery recyclers to be utilized pursuant to the plan and a plan for final disposal of such batteries, in accordance with environmentally sound management practices;

(3) a strategy for informing electric vehicle owners, vehicle repair facilities, and vehicle dismantlers in the State about the requirement to properly manage propulsion batteries, the environmental impact of the improper handling or disposal of used propulsion batteries, and the mechanisms for the management of propulsion batteries that are available pursuant to the plan;

(4) the means that will be used to implement and finance the battery management plan; and

(5) any other information, policies, or procedures that the department deems appropriate.

e. A propulsion battery management plan shall provide for the financing of the collection, transportation, remanufacturing, reuse, recycling, or disposal of used propulsion batteries. When a producer is required to provide for the management of used propulsion batteries, the costs of such financing shall be borne by the producer of that propulsion battery.

f. Any entity that becomes a producer after the effective date of this act shall receive approval from the department of its battery management plan prior to manufacturing, selling, offering for sale, or importing a propulsion battery in or into the State, and shall otherwise comply with the provisions of this act.

g. A battery management plan shall be reviewed and updated, as necessary, at least once every five years.

h. Each person or entity authorized to manage a used propulsion battery as part of a battery management plan, including, but not limited to, a vehicle repair facility, vehicle dismantler, authorized propulsion battery recycler, scrap yard, dealership, showroom, or used car lot, shall be required to manage the battery pursuant to an approved battery management plan.

i. If an organization is formed for the purposes of allowing a group of producers to submit a combined battery management plan pursuant to this act, the organization shall:

(1) be a tax-exempt, nonprofit organization;

(2) submit a battery management plan that achieves program goals established by the department; and

(3) submit an annual audit report and annual budget to the department.

L.2023, c.222, s.6.