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Committee advances EV battery management bill after hours of stakeholder debate on responsibility and recycling

5704851 · February 25, 2025
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Summary

A committee substitute for HB 310, which sets a management framework for used electric‑vehicle batteries, advanced after extensive testimony from manufacturers, recyclers, environmental groups and recyclers who disagreed about where responsibility should fall when a propulsion battery is removed or remanufactured.

Representative Valdez introduced House Bill 310 and presented a committee substitute intended to establish an end‑of‑life framework for electric vehicle (EV) propulsion batteries: preventing landfilling, promoting reuse, repurposing and remanufacturing, and clarifying which party is responsible when a battery is removed from a vehicle. "This bill puts a needed policy framework in place to manage electric vehicle batteries as they're removed from the vehicle," presenter Deborah Kapiloff said.

The nut graf: The substitute removes a state‑of‑health requirement, expands the pool of specialized recyclers, delays the effective date to 2027, and ties the bill to existing hazardous‑waste statutes. Witnesses supported the bill in principle but split over who should bear financial and operational responsibility for end‑of‑life batteries.

Supporters included structured recyclers and environmental groups. Melissa Bernardin of Sierra Club Rio Grande said the bill supports a circular economy and keeps hazardous batteries out of landfills. Redwood Materials, Rivian, Waste Management and other manufacturers and recyclers testified in favor of a market‑driven framework but recommended amendments. Rivian’s senior policy adviser said Rivian supports transfer of responsibility when a battery is modified and backed removing state‑of‑health requirements.

Opposition centered on shifting responsibility to secondary handlers. LKQ Corporation and the New Mexico Recyclers Association testified that the committee substitute could inappropriately assign end‑of‑life financial responsibility to auto dismantlers and small recyclers rather than original equipment manufacturers. LKQ argued the substitute deviates from extended producer responsibility principles by making recyclers carry producer obligations.

Committee members asked detailed questions about definitions and consequences. Representative Armstrong pressed for clarity on whether manufacturers without franchise agreements were captured; Kapiloff pointed to the multipart definition of "battery provider" in the substitute and said Tesla and Rivian are captured. Representatives asked about the definition of a "spent battery," penalties for noncompliance, how abandoned or towed EVs would be handled, the number and location of specialized recyclers, and whether labeling would reveal when a battery had been modified.

On penalties, Kapiloff said the substitute ties enforcement and penalties to New Mexico's existing hazardous‑waste statutes; specific penalties vary based on the violation. On logistics, she said specialized recycling capacity in the U.S. is nascent and that currently available large processors are in Nevada and under construction in South Carolina.

The committee substitute passed its committee vote after debate. Representative Lauer moved the do‑pass on the committee substitute for HB 310; Representatives Romero and Hernandez seconded. The roll call showed a mix of yes and no votes; the committee advanced the measure for further consideration.

Ending: Committee members noted gaps and urged further work even as they advanced the substitute. Multiple members said they intended to continue negotiations with recyclers and manufacturers to refine definitions and responsibilities in later stages.