[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1918 Introduced in Senate (IS)]

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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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