,,ii #aagth ,,congress #ast ,session ,s4 #aiah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bg1 #bjba,mr4 ,king 7for himself1 ,mr4 ,burr1 and ,ms4 ,cortez ,masto7 introduced the following bill2 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 minerals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,battery and ,critical ,mineral ,recycling ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,battery ,the term battery means a device that-- 7,a7 consists of #a or more electrochemical cells that are electrically connected2 and 7,b7 is designed to store and deliver electric energy4 7#c7 ,battery producer ,the term battery producer means1 with respect to a covered battery or covered battery-containing product that is sold1 offered for sale1 or distributed for sale in the ,united ,states1 including through retail1 wholesale1 business-to-business1 and online sale1 the following applicable entity3 7,a7 ,a person who-- 7i7 manufactures the covered battery or covered battery-containing product2 and 7ii7 sells or offers for sale the covered battery or covered battery-containing product under the brand of that person4 7,b7 ,if there is no person described in subparagraph 7,a7 with respect to the covered battery or covered battery-containing product1 the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold1 offered for sale1 or distributed1 regardless of whether the trademark of the brand is registered4 7,c7 ,if there is no person described in subparagraph 7,a7 or 7,b7 with respect to the covered battery or covered battery-containing product1 a person that imports the covered battery or covered battery-containing product into the ,united ,states for sale or distribution4 7#d7 ,covered battery ,the term covered battery means a new or unused primary battery or rechargeable battery4 7#e7 ,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 battery4 7#f7 ,primary battery ,the term primary battery means a nonrechargeable battery that weighs not more than #d4d pounds1 including an alkaline1 carbon-zinc1 and lithium metal battery4 7#g7 ,rechargeable battery 7,a7 ,in general ,the term rechargeable battery means a battery that-- 7i7 contains #a or more voltaic or galvanic cells that are electrically connected to produce electric energy2 7ii7 is designed to be recharged2 7iii7 weighs not more than #aa pounds2 and 7iv7 has a watt-hour rating of not more than #cjj watt-hours4 7,b7 ,exclusions ,the term rechargeable battery does not include a battery that-- 7i7 contains electrolyte as a free liquid2 or 7ii7 employs lead-acid technology1 unless that battery is sealed and does not contain electrolyte as a free liquid4 7#h7 ,recycling ,the term recycling means the series of activities1 including separation1 collection1 and processing1 through which materials are recovered or otherwise diverted from the solid waste stream-- 7,a7 unrelated to the manufacturing of batteries2 and 7,b7 for use-- 7i7 as raw materials2 or 7ii7 in the manufacture of products other than fuel4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #c4 ,grants 7a7 ,battery recycling research1 development1 and demonstration grants 7#a7 ,in general ,the ,secretary shall award multiyear grants to eligible entities for research1 development1 and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries1 including by addressing-- 7,a7 recycling activities2 7,b7 the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling1 reuse1 recovery1 and recycling of battery components and materials2 7,c7 strategies to increase consumer acceptance of1 and participation in1 the recycling of batteries2 7,d7 the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals2 7,e7 safe disposal of waste materials and components recovered during the recycling process2 7,f7 the protection of the health and safety of all persons involved in1 or in proximity to1 recycling and reprocessing activities2 7,g7 mitigation of environmental impacts that arise from recycling batteries1 including disposal of toxic reagents and byproducts related to recycling processes2 7,h7 protection of data privacy associated with collected covered battery-containing products2 7,i7 the optimization of the value of material derived from recycling batteries2 and 7,j7 the cost-effectiveness of the reuse and recycling of batteries4 7#b7 ,eligible entities ,the ,secretary may award a grant under paragraph 7#a7 to-- 7,a7 an institution of higher education2 7,b7 a ,national ,laboratory2 7,c7 a ,federal research agency2 7,d7 a ,state research agency2 7,e7 a nonprofit organization2 7,f7 an industrial entity2 7,g7 a manufacturing entity2 7,h7 a private battery-collection entity2 7,i7 an entity operating #a or more battery recycling activities2 7,j7 a ,state or municipal government entity2 7,k7 a battery producer2 7,l7 a battery retailer2 or 7,m7 a consortium of #b or more entities described in subparagraphs 7,a7 through 7,l74 7#c7 ,applications 7,a7 ,in general ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity described in paragraph 7#b7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,contents ,an application submitted under subparagraph 7,a7 shall describe how the project will promote collaboration among-- 7i7 battery producers and manufacturers2 7ii7 battery material and equipment manufacturers2 7iii7 battery recyclers1 collectors1 and refiners2 and 7iv7 retailers4 7b7 ,state and local programs 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall award grants1 on a competitive basis1 to ,states and units of local government to assist in the establishment or enhancement of ,state battery collection1 recycling1 and reprocessing programs4 7#b7 ,non-,federal cost share ,the non-,federal share of the cost of a project carried out using a grant under this subsection shall be #ej percent of the cost of the project4 7#c7 ,report ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that describes the number of battery collection points established or enhanced1 an estimate of jobs created1 and the quantity of material collected as a result of the grants awarded under paragraph 7#a74 7c7 ,retailers as collection points 7#a7 ,in general ,the ,secretary shall award grants1 on a competitive basis1 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 products1 as applicable1 for reuse1 recycling1 or proper disposal4 7#b7 ,collection system ,a system described in paragraph 7#a7 shall include take-back of covered batteries-- 7,a7 at no cost to the consumer2 and 7,b7 on a regular1 convenient1 and accessible basis4 #d4 ,lithium-ion battery recycling prize competition 7a7 ,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 #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai74 7b7 ,additional funding for pilot projects ,in addition to any other funds made available to the ,secretary to carry out the competition described in subsection 7a71 there is authorized to be appropriated to the ,secretary to carry out ,phase ,,iii of that competition #aj1jjj1jjj for fiscal year #bjba1 to remain available until expended1 which the ,secretary may use-- 7#a7 to increase the number of winners of ,phase ,,iii of that competition2 7#b7 to increase the amount awarded to the winners of ,phase ,,iii of that competition2 or 7#c7 to carry out any other activity that is consistent with the goals of ,phase ,,iii of that competition1 as determined by the ,secretary4 #e4 ,best practices for collection of batteries to be recycled 7a7 ,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-- 7#a7 to the maximum extent practicable1 is technically and economically feasible for ,state and local governments2 7#b7 is environmentally sound and safe for waste management workers2 and 7#c7 optimizes the value and use of material derived from recycling of batteries4 7b7 ,consultation ,the ,administrator shall develop the voluntary best practices described in subsection 7a7 in coordination with ,state and local leaders and entities in relevant private sectors4 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report describing the voluntary best practices developed under subsection 7a74 #f4 ,voluntary labeling guidelines 7a7 ,in general ,there is established within the ,department of ,energy and the ,environmental ,protection ,agency a voluntary program 7referred to in this section as the program7 to promote battery recycling through the development of-- 7#a7 voluntary labeling guidelines for batteries2 and 7#b7 other forms of voluntary communication about the reuse and recycling of critical materials from batteries4 7b7 ,purposes ,the purposes of the program are to improve battery collection and reduce battery waste1 including by-- 7#a7 identifying battery collection locations and increasing accessibility to those locations2 7#b7 promoting consumer education about battery collection and recycling2 and 7#c7 reducing safety concerns relating to the improper disposal of batteries4 7c7 ,division of responsibilities ,implementation responsibilities under the program shall be divided between the ,secretary and the ,administrator in accordance with the terms of #a or more applicable agreements between the ,secretary and the ,administrator4 7d7 ,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-- 7#a7 international battery labeling standards2 and 7#b7 the ,mercury-,containing and ,rechargeable ,battery ,management ,act 7#db ,u4,s4,c4 #adcja et seq474 #g4 ,task force on producer requirements 7a7 ,in general ,the ,secretary shall convene a task force to develop an extended battery producer responsibility framework that-- 7#a7 addresses battery recycling goals1 cost structures for mandatory recycling1 reporting requirements1 product design1 collection models1 and transportation of collected materials2 7#b7 provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework2 and 7#c7 outlines regulatory pathways for effective recycling4 7b7 ,task force members ,members of the task force convened under subsection 7a7 shall include-- 7#a7 battery producers1 manufacturers1 retailers1 recyclers1 collectors1 and refiners2 7#b7 ,states and municipalities2 and 7#c7 other relevant stakeholders1 such as environmental1 clean energy1 or consumer advocates1 as determined by the ,secretary4 7c7 ,report ,not later than #a year after the date on which the ,secretary convenes the task force under subsection 7a71 the ,secretary shall submit to ,congress a report that-- 7#a7 describes the extended producer responsibility framework developed by the task force2 7#b7 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 batteries2 and 7#c7 suggests regulatory pathways for effective recycling4 #h4 ,effect on ,mercury-,containing and ,rechargeable ,battery ,management ,act ,nothing in this ,act1 or any regulation1 guideline1 framework1 or policy adopted or promulgated pursuant to this ,act1 shall modify or otherwise affect the provisions of the ,mercury-,containing and ,rechargeable ,battery ,management ,act 7#db ,u4,s4,c4 #adcja et seq474 #i4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #cj1jjj1jjj for each of fiscal years #bjba through #bjbe4