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On January 8, New Jersey Governor Phil Murphy signed into law the Electric and Hybrid Vehicle Battery Management Act, making it the first state with an extended producer responsibility (EPR) law for electric vehicle (EV) batteries. The legislation (A5365/S3723) was sponsored by Assemblymembers John McKeon, Joe Danielsen, and Shama Haider, and Senator Robert Smith.
In recent years, three other state battery EPR laws have been enacted in the country, each taking a further step forward. All three laws included best practices from PSI’s model battery EPR legislation and built on Vermont’s 2014 single-use household battery EPR law, then another first for the nation. In 2021, Washington D.C. enacted the nation’s first single-use and rechargeable battery EPR law, which also addressed battery-containing products, initiating a trend toward broadening the scope of batteries included in EPR laws. California followed in 2022 with an EPR law that, like Washington D.C., covers a broad scope of single-use and rechargeable batteries, but added stronger convenience standards and an advisory board that requires multi-stakeholder input.
Washington State’s law, enacted in 2023, also covers a broad scope of single use and rechargeable batteries, but is the first state to include batteries of up to 2,000 watt-hours, including those for e-mobility devices. Washington’s law also requires a study of the opportunities and challenges of managing large-format batteries (such as those used in electric vehicles and energy storage) as well as batteries embedded in products, such as electronics.
With its new law, New Jersey continues this trend of addressing new batteries not previously included in EPR laws by becoming the first state to include electric and hybrid vehicle propulsion batteries (those used to supply power to propel a vehicle), including lithium-ion and nickel-metal hybrid batteries. Under the law, it is required that all propulsion batteries sold in the state have a permanent label providing battery information.
As with nearly all effective EPR laws, the law requires producers of propulsion batteries to establish battery management plans that must be submitted to the New Jersey Department of Environmental Protection (NJ DEP) for approval and reviewed at least every five years. Stewardship organizations must also submit plans that will achieve program goals established by the NJ DEP. Additionally, producers will be responsible for developing educational materials for consumers regarding available collection options, as well as to inform vehicle owners, repair facilities, and dismantlers about the requirement to properly manage batteries.
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