California retailers will have to take back rechargeable batteries starting next year under legislation signed by Gov. Arnold Schwarzenegger this month.

The Rechargeable Battery Act of 2006 requires California retailers selling rechargeable batteries to take back the batteries at no cost to the consumer by July 1. The law exempts stores that primarily sell food and retailers with annual gross sales of less than $1 million.

Retailers can use existing take-back programs such as the one the Rechargeable Battery Recycling Corp. offers.

Democratic Assemblywoman Fran Pavley sponsored the legislation, Assembly Bill 1125. The California Department of Toxic Substances Control considers rechargeable batteries hazardous, and therefore they must be disposed of as hazardous waste starting Feb. 8.

The legislation requires the Department of Toxic Substances Control to annually survey battery handling and recycling operations on or before July 1, 2007 and each subsequent July 1. The department will use the information to determine the estimated amount by weight of each type of rechargeable batteries returned.