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Electric and Hybrid Vehicle Battery Management Act (N.J.S.A. 13:1E-99.81 et seq.)

Description

The Electric and Hybrid Vehicle Battery Management Act bans the disposal of propulsion batteries in New Jersey landfills after January 8, 2027. This law also holds propulsion battery producers responsible for the end-of-life management of their batteries. Under the law, the producer is responsible for any used propulsion battery they produced if it is offered back to them by the current battery owner. The law requires these producers to develop and implement battery management plans that provide for battery reuse, repurpose, and recycling.

Electric and Hybrid Battery Management Act

+What is a Propulsion Battery?

A propulsion battery is defined as an electrical energy storage device consisting of one or more individual battery modules or battery cells, which are used to supply power to propel an electric or hybrid road vehicle. "Propulsion battery" includes, but is not limited to, lithium-ion batteries and nickel-metal hydride batteries and includes batteries that have been removed from a vehicle or are still embedded in a vehicle. "Propulsion battery" does not include a starter battery or a battery used for, or embedded in, products for industrial applications.

+What are Battery Management Plans?

A battery management plan is a plan for the collection, transportation, remanufacturing, reuse, recycling and disposal of used propulsion batteries. Under a battery management plan, the producer is responsible for any used propulsion battery they produced when it is offered back to them by the current battery owner.

Plans must use environmentally sound management practices, which are the policies and procedures implemented by the producer that will:

  • Ensure compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances
  • Protect human health, safety, and the environment
  • Provide for the adequate recordkeeping, tracking, and documentation of the disposal of used propulsion batteries within New Jersey

The DEP will develop rules to provide the standards that will be used in evaluating battery management plans. The DEP will begin the rulemaking process after the needs assessment (see below) is completed.  All propulsion battery producers will be required to submit a battery management plan to the DEP within 180 days after the date rules are adopted. After that, every battery management plan must be reviewed and updated, as necessary, at least once every five years.

A producer may submit a plan individually or may join a producer responsibility organization (PRO), which can submit one plan for a group of producers.

Approved battery management plan(s) will be accessible on this website and will include a list identifying each of the producers participating in the plan.

A battery management plan will need to include, at a minimum:

  1. The methods that will be used to accept, collect, and transport used propulsion batteries or vehicles offered back to the producer.
  2. The processes and methods that will be utilized to remanufacture, repurpose, or recycle used propulsion batteries pursuant to environmentally sound management practices. including the identity of recyclers and a plan for final disposal of used propulsion batteries.
  3. A strategy for informing electric vehicle owners, vehicle repair facilities, and vehicle dismantlers in New Jersey 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. How the plan will be implemented and financed by the producer.

The producer will be responsible for all costs associated with the collection, transportation, remanufacturing, reuse, recycling, and disposal of used propulsion batteries.

+Registration

A producer of a propulsion battery, whether embedded in a vehicle or sold outside of a vehicle, is required to register with the DEP by January 8, 2025. The DEP will continue to accept registrations until February 8, 2025. Below are links to the registration forms. Completed registration forms can be sent as an attachment via email to EVBatteries@dep.nj.gov. If there are any questions, please direct them to EVBatteries@dep.nj.gov.

The registration form below has been developed as a fillable PDF file. In order to properly complete the form, the file must be opened in Adobe Acrobat Reader with a version of XI or higher. Adobe Acrobat Reader is a free software available for download at https://get.adobe.com/reader/.

Producer Registration Form

+Annual Reporting

All producers must submit an annual report to the DEP describing the number of propulsion batteries the producer has sold, offered for sale, or distributed in or into New Jersey. Annual reports will be required beginning on January 8, 2026.

The DEP expects to include annual reporting criteria when it develops rules.

+Battery Labeling

Beginning on January 1, 2027, producers will be required to provide a permanent label on all propulsion batteries. The DEP expects to include specifications for the label when it develops rules.

+Needs Assessment

A needs assessment is required by the law to determine the availability of authorized propulsion battery recyclers and related infrastructure, both public and private, needed to implement the provisions of the law.

The DEP has made funding available through the Solid Waste Recycling Enhancement Act (REA) Higher Education Research Grant Program to execute the required needs assessment pursuant to N.J.S.A. 13:1E-99.81d. Institutions of higher education located in New Jersey are eligible to apply for this funding; however, private vendors are welcome to partner with eligible institutions. For more information on the grant opportunity, please visit the Solid Waste Recycling Enhancement Act (REA) Higher Education Research Grant Program funding webpage.

The needs assessment is currently out to bid. Updates will be published to this webpage as they become available.

+Contact

For questions or inquiries regarding the Electric and Hybrid Vehicle Battery Management Act, please reach out to EVBatteries@dep.nj.gov.

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Last Updated: January 14, 2025