For purposes of this article, the following definitions shall apply: (a) âBoardâ means the California Department of Tax and Fee Administration. (b) âBusinessâ means any person, as defined in subdivision (k), except a natural person or a city, county, city and county, district, commission, the state, or any department, agency, or political subdivision of any of those, or an interstate body or, to the extent permitted by law, the United States and its agencies and instrumentalities. (c) âCalifornia battery feeâ means the fee imposed pursuant to Section 25215.25. (d) âDealerâ means a person who engages in the retail sale of replacement lead-acid batteries directly to persons in California. âDealerâ includes a manufacturer of a new lead-acid battery that sells at retail that lead-acid battery directly to a person through any means, including, but not limited to, a transaction conducted through a sales outlet, catalog, or internet website or any other similar electronic means. (e) âImporterâ means a person described in paragraph (2) of subdivision (h). (f) âLead-acid batteryâ means a battery weighing over five kilograms that is primarily composed of both lead and sulfuric acid, whether sulfuric acid is in liquid, solid, or gel state, with a capacity of six volts or more that is used for any of the following purposes: (1) As a starting battery that is designed to deliver a high burst of energy to an internal combustion engine until it starts. (2) As a motive power battery that is designed to provide the source of power for propulsion or operation of a vehicle, including a watercraft. (3) As a stationary storage or standby battery that is designed to be used in systems where the battery acts as either electrical storage for electricity generation equipment or a source of emergency power, or otherwise serves as a backup in case of failure or interruption in the flow of power from the primary source. (4) As a source of auxiliary power to support the electrical systems in a vehicle, as defined in Section 670 of the Vehicle Code, including an implement of husbandry, as defined in Section 36000 of the Vehicle Code, or an aircraft. (g) (1) âLead-acid battery recycling facilityâ means a site at which lead-acid batteries are or have been disassembled for the purpose of making components available for reclamation to produce elemental lead or lead alloys or at which lead-acid batteries or their components, or both, are or have been reclaimed to produce elemental lead or lead alloys. (2) âLead-acid battery recycling facilityâ does not include a facility designed and operated for the primary purpose of recovering lead from materials other than used lead-acid batteries or a facility that incidentally processes lead-acid batteries. The processing of lead previously reclaimed from a lead-acid battery at a separate facility or the incidental processing of lead-acid batteries shall not be sufficient to establish that a facility is a lead-acid battery recycling facility. (h) âManufacturerâ means either of the following: (1) The person who manufactures the lead-acid battery and who sells, offers for sale, or distributes the lead-acid battery in the state. (2) (A) If there is no person described in paragraph (1) that is subject to the jurisdiction of the state, the manufacturer is the person who imports the lead-acid battery into the state for sale or distribution. (B) For purposes of this article, a person is subject to the jurisdiction of the state with respect to a lead-acid battery if the person is engaged in business in this state. For purposes of this subparagraph, a person shall be considered to be engaged in business in this state if the person is a âretailer engaged in business in this state,â as defined in subdivision (c) of Section 6203 of the Revenue and Taxation Code, with respect to that lead-acid battery, or if the person has a substantial nexus with this state for purposes of the commerce claus
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