text:
(a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.

(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.

(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.

(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.

(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.

(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.

(c) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:

(1) Whether the packaging is conventionally disposed of after a single use.

(2) Whether the packaging is sufficiently durable and washable to allow for multiple uses.

(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:

(1) Whether the type of food service packaging is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.

(2) Whether the type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.

(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.

(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.

(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.

(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.

(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:

(1) Whether the food service packaging will, in a safe and timely manner, break down or otherwise become part of usable compost that can be composted in a public or private aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.

(2) Whether food service packaging made from plastic is certified to meet the ASTM standard specification identified in either subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 42356 and adopted in accordance with Section 42356.1, if applicable.

(3) Whether the food service packaging is regularly collected and accepted for processing at public and private compost facilities.

(4) Whether the type of food service packaging is eligible to be labeled as “compostable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.

(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging is recyclable, reusable, or compostable.

(2) Local governments, solid waste facilities, recycling facilities, and composting facilities shall provide information requested by the department pursuant to paragraph (1) to the department.

(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:

(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.

(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Board’s Statewide Trash Policy and the Ocean Protection Council’s Ocean Litter Prevention Strategy.

(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.

(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.

(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.

(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 233. (AB 991) Effective January 1, 2020.)


kind: section

code: PRC

text:
(a) The department shall develop a list of approved types of food service packaging that may be used by food service facilities and publish the list on its internet website within 90 days of the Office of Administrative Law approving the regulations adopted by the department pursuant to Section 42370.2. The department shall include on the list only a type of food service packaging that is reusable, recyclable, or compostable, as determined by the regulations adopted by the department pursuant to Section 42370.2.

(b) The department shall regularly, but no less than once every five years, evaluate the list of approved types of food service packaging to determine whether each type of approved food service packaging is reusable, recyclable, or compostable. After evaluation, the department may amend the list to remove or add a type of food service packaging based on whether it is reusable, recyclable, or compostable. The department shall post any updates to the list on its internet website.

(c) A manufacturer that seeks to have included on the list a type of food service packaging or material may be required by the department to submit data for purposes of the department’s evaluation of whether to include the type of food service packaging or material on the list.

(d) Development of, publication of, and updates made to the list pursuant to this section are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 234. (AB 991) Effective January 1, 2020.)

division: 30. WASTE MANAGEMENT

path: 30. WASTE MANAGEMENT > 6. Sustainable Packaging for the State of California Act of 2018


text:
(a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food using food service packaging unless the type of food service packaging is on that list.

(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:

(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.

(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.

(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.

(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.

(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section.

history: (History: Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)

chapter: 6. Sustainable Packaging for the State of California Act of 2018


text:
(a) In order to ensure compliance with this chapter, a food service facility shall provide, upon request by the department, reasonable and timely access, as determined by the department, to contracts, invoices, and purchase orders between the food service facility and a food service packaging manufacturer or distributor that include information demonstrating whether the food service packaging material acquired by the food service facility is in compliance with this chapter.

(b) A food service facility shall maintain any record related to the requirements of this chapter for a minimum of five years, or another period of time as determined by the department.

(c) Records supplied to the department pursuant to this section that are, at the time of submission, claimed to be trade secrets, proprietary, or confidential shall be subject to Article 4 (commencing with Section 17041) of Chapter 1 of Division 7 of Title 14 of the California Code of Regulations, as applicable.


text:
(a) The Department of General Services or any state agency that is entering into a contract or agreement or amending an existing contract or agreement with a food service facility shall ensure that the relevant contract or agreement conforms to any applicable provisions of this chapter.

(b) The Department of General Services shall do all of the following:

(1) Publish, within 90 days of the date the list of approved types of food service packaging is published pursuant to Section 42370.3, the approved food service packaging types on its Internet Web site.

(2) Publish, within 90 days of the date the list of approved types of food service packaging is published pursuant to Section 42370.3, the requirements imposed on a food service facility under this chapter in the State Contracting Manual.

(3) Ensure that any new, modified, or renewed agreements, contracts, or procurement undertaken by a food service facility as part of a contract or agreement with the Department of General Services complies with the requirements of this chapter.

(4) When reasonably feasible, provide a food service facility with which it has a contract or agreement with resources to identify food service packaging suppliers, distributors, brokers, or manufacturers that sell the types of food service packaging approved pursuant to Section 42370.3.

(c) The Department of General Services shall take the appropriate steps, including, but not limited to, revising relevant state contracting and procurement rules and procedures, in order to fulfill the requirements of subdivision (b).


text: This chapter does not preempt the authority of a city, county, or city and county to adopt and enforce additional takeout food packaging ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.


text:
(a) For purposes of this section, the following definitions shall apply:

(1) “Hosted rental” means a house, apartment, or other livable space where the person providing sleeping accommodations is a permanent resident who lives on the premises.

(2) “Lodging establishment” means an establishment that contains one or more sleeping room accommodations that are rented or otherwise provided to the public, including, but not limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging establishment” does not include a hospital, nursing home, residential retirement community, prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted rental.

(3) “Personal care product” means a product intended to be applied to or used on the human body in the shower, bath, or any part thereof and shall include only shampoo, hair conditioner, and bath soap.

(4) “Plastic” means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin codes 1 to 7, inclusive, as provided in Section 18015.

(5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce capacity that is intended to be nonreusable by the end user.

(b) Commencing January 1, 2023, for lodging establishments with more than 50 rooms, and January 1, 2024, for lodging establishments with 50 rooms or less, a lodging establishment shall not provide a small plastic bottle containing a personal care product to a person staying in a sleeping room accommodation, in any space within the sleeping room accommodation, or within bathrooms shared by the public or guests.

(c) A lodging establishment is encouraged to use bulk dispensers of personal care products to reduce plastic waste and lower operating costs, mindful of the health and safety of a person.

(d) A lodging establishment may provide personal care products in small plastic bottles to a person at no cost, upon request, at a place other than a sleeping room accommodation, a space within the sleeping room accommodation, or within bathrooms shared by the public or guests.

(e) A local agency with authority to inspect sleeping accommodations in a lodging establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the local agency shall issue a written warning, which shall recite the violation and advise that subsequent violations may result in citations. Upon a second or subsequent violation, the local agency may impose a penalty of five hundred dollars ($500) for each day the lodging establishment is in violation, but not to exceed two thousand dollars ($2,000) annually.

(f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second or subsequent violation. The Attorney General or a district attorney, county counsel, or city attorney may bring an action to impose a civil penalty pursuant to this subdivision.

(g) (1) On and after January 1, 2020, a city, county, or city and county shall not pass or enforce an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments, except as provided in paragraph (2).

(2) A city, county, or city and county that, before January 1, 2020, passed an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if it is at least as stringent as, and not in conflict with, this section.

(3) The Legislature finds and declares that the prohibition of personal care products in plastic bottles as specified in this section is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, counties, and cities and counties, including charter cities.

history: (History: Added by Stats. 2019, Ch. 687, Sec. 1. (AB 1162) Effective January 1, 2020.)

chapter: 6.1. Small Plastic Bottles

path: 30. WASTE MANAGEMENT > 6.1. Small Plastic Bottles


text:
(a) For purposes of this chapter, the following definitions shall apply:

(1) “Manufacturer” means a person who manufactures expanded polystyrene loosefill packaging material for sale in this state.

(2) “Recycled material” means feedstock material from any of the following that has been diverted from landfill disposal:

(A) Material derived from a finished polystyrene product that has completed its intended end use and product life cycle.

(B) Material derived from a blemished, flawed, or otherwise unusable finished polystyrene product.

(C) Material derived from manufacturing and fabrication scrap from production of a finished polystyrene product.

(3) “Wholesaler” means a person who purchases expanded polystyrene loosefill packaging for resale in this state.

(b) Except as provided in subdivision (c), on and after January 1, 2012, a wholesaler or manufacturer shall not sell or offer for sale in this state expanded polystyrene loosefill packaging material.

(c) Subdivision (b) does not apply to expanded polystyrene loosefill packaging materials that complies with the following requirements:

(1) On and after January 1, 2012, until December 31, 2013, inclusive, it is comprised of at least 60 percent recycled material.

(2) On and after January 1, 2014, until December 31, 2016, inclusive, it is comprised of at least 80 percent recycled material.

(3) On and after January 1, 2017, it is comprised of 100 percent recycled material.

(d) A wholesaler or manufacturer who sells or offers for sale at retail in this state expanded polystyrene loosefill packaging material in violation of this chapter is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000).

history: (History: Added by Stats. 2008, Ch. 471, Sec. 1. Effective January 1, 2009.)

path: 30. WASTE MANAGEMENT > 6.5. Expanded Polystyrene Loosefill Packaging


text:
(a) For purposes of this chapter, “reusable” or “refillable” or “reuse” or “refill,” in regard to propane cylinders means a cylinder that satisfies all of the following:

(1) Explicitly designed and marketed to be utilized multiple times for the same product.

(2) Designed for durability to function properly in its original condition for multiple uses.

(3) Supported by adequate infrastructure to ensure the cylinders can be conveniently and safely reused or refilled for multiple cycles.

(b) For purposes of this chapter, “propane cylinder” does not include any of the following:

(1) Cylinders that are customarily designed for use in the construction industry and, when full, contain less than 15 ounces of fuel, whether filled solely with propane or not.

(2) Cylinders that have an overall product height-to-width ratio of 3.55 to 1 or greater.

(3) Cylinders that are offered to a state or local government agency for purchase pursuant to the United States General Services Administration’s State and Local Disaster Purchasing Program, or a successor program.

history: (History: Added by Stats. 2024, Ch. 466, Sec. 1. (SB 1280) Effective January 1, 2025.)

path: 30. WASTE MANAGEMENT > 6.6. Reusable or Refillable Propane Cylinders


text: On and after January 1, 2028, only reusable or refillable propane cylinders shall be sold or offered for sale in this state.

chapter: 6.6. Reusable or Refillable Propane Cylinders


text: The department shall adopt regulations to implement this chapter with an effective date of January 1, 2028.


text: The following definitions govern the construction of this chapter.

history: (History: Added by Stats. 1989, Ch. 1096, Sec. 2.)

chapter: 7. Retreaded Tire Program

article: 1. Definitions

path: 30. WASTE MANAGEMENT > 7. Retreaded Tire Program > 1. Definitions


text: “Retreaded tire” means any tire that utilizes an existing casing for the purpose of vulcanizing new tread to such casing which meets all performance and quality standards specified in the Federal Motor Vehicle Safety Standards determined by the United States Department of Transportation.

article: 1. Definitions


text: The board shall evaluate current state and federal quality standards for retreaded tires and identify the obstacles for an increased market for retreads. The results of this evaluation and the activities that the board will undertake to increase the use of retreaded tires shall be included in the reporting requirements specified in Section 42950.

article: 2. Retreaded Tire Program

path: 30. WASTE MANAGEMENT > 7. Retreaded Tire Program > 2. Retreaded Tire Program


text: The Department of General Services and the board, in consultation with representatives of the California retreading industry, shall adopt specifications for the purchase of retreaded tires by the State of California. The specifications shall designate the state minimum quality standards for retreaded tires. The specifications shall be designed to maximize the use of retreads without jeopardizing the safety of the occupants of the vehicle or the intended end use of the tire.

history: (History: Amended by Stats. 1990, Ch. 1156, Sec. 6.)

article: 2. Retreaded Tire Program


text: On or before July 1, 1991, and to the extent that existing stock shall be utilized first, all tires for use on state vehicles issued for short-term use through Fleet Administration shall, at the next required installation of tires, be equipped with retreaded tires.

article: 2. Retreaded Tire Program


text: Emergency vehicles, as defined in Section 165 of the California Vehicle Code are exempt from this provision.

article: 2. Retreaded Tire Program


text: The number of retreaded tires purchased annually by the Department of General Services during each fiscal year shall be tabulated and forwarded to the board by August 31 every year.

history: (History: Amended by Stats. 1996, Ch. 1038, Sec. 20. Effective September 29, 1996.)

article: 2. Retreaded Tire Program


text: The board, in consultation with the Department of General Services, shall perform a study to determine if the retreads, procured by the Department of General Services, have met all quality and performance criteria of a new tire.

history: (History: Amended by Stats. 1996, Ch. 1038, Sec. 21. Effective September 29, 1996.)

article: 2. Retreaded Tire Program


text: On or before July 1, 1991, the board shall, in consultation with the retreading industry, develop a procedure to estimate the number of retreads sold in California. This information, in addition to other facts compiled on the utilization of retread tires, shall be used to evaluate the effectiveness of this program. The results of that evaluation shall be included in the report required pursuant to Section 40507.

history: (History: Amended by Stats. 1992, Ch. 1293, Sec. 10. Effective January 1, 1993.)

article: 2. Retreaded Tire Program


text: This chapter shall be known, and may be cited, as the Responsible Battery Recycling Act of 2022.

history: (History: Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)

article: 1. General Provisions

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 1. General Provisions


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered battery and identifies the owner or licensee of the brand.

(b) “Collection site” means a permanent or temporary location at which covered batteries are collected and prepared for transport in accordance with the requirements of this chapter.

(c) “Consumer” means an owner of a covered battery, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered battery, who is not, as to that covered battery, the distributor, importer, producer, recycler, retailer, or stewardship organization.

(d) (1) “Covered battery” means a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. A covered battery includes a battery that is any of the following:

(A) A loose battery that is either sold separately from a product or that is designed to be easily removed from a product by the user of the product, with no more than common household tools.

(B) A battery that is packed with, but not installed in, the product that the battery is intended to power, when the product is offered for sale by the producer.

(2) “Covered battery” does not include any of the following:

(A) A primary battery weighing over two kilograms. For purposes of this subparagraph, “primary battery” means a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries.

(B) A rechargeable battery weighing over five kilograms and having a Watt-hour rating of more than 300 Watt-hours.

(C) A lead-acid battery, as defined in subdivisions (a) and (b) of Section 42440.

(D) (i) A battery contained in a motor vehicle. For purposes of this subparagraph, “motor vehicle” has the same meaning as set forth in Section 415 of the Vehicle Code.

(ii) Notwithstanding any other law, the exclusion in clause (i) does not apply to a battery contained in any of the following:

(I) A motorized scooter.

(II) A motorized skateboard.

(III) A motorized hoverboard.

(IV) A device intended to propel or move upon a highway only one individual person or property.

(E) A fuel cell electrical generating facility. For purposes of this subparagraph, “fuel cell electrical generating facility” has the same meaning as “eligible fuel cell electrical generating facility,” as defined in Section 2827.10 of the Public Utilities Code.

(F) (i) A Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies:

(I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.

(II) Either of the following applies:

(ia) The device is predominantly used in a health care setting by a provider.

(ib) The device is predominantly prescribed by a health care provider.

(ii) A Class II or Class III device as defined in Section 360c of Title 21 of the United States Code.

(G) A battery that has been recalled.

(e) “Department” means the Department of Resources Recycling and Recovery or a successor agency.

(f) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered batteries to retailers.

(g) “Electrochemical cell” means a system consisting of an anode, a cathode, and an electrolyte, plus electrical or mechanical connections needed to allow the cell to deliver or receive electric energy.

(h) “Importer” means either of the following:

(1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered battery that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.

(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered battery that was manufactured or assembled by a company physically located outside of the state.

(i) “Person” has the same meaning as set forth in Section 40170.

(j) (1) “Producer” means a person who manufactures a covered battery and who owns or is the licensee of the brand or trademark under which that covered battery is sold, offered for sale, or distributed for sale in or into the state.

(2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered battery is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered battery is sold, imported for sale, offered for sale, or distributed for sale in or into the state. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered battery.

(3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), the producer of the covered battery is the person who sells, offers for sale, or is the importer or distributor of the covered battery in or into the state for sale in or into the state.

(4) For purposes of this chapter, the sale of a covered battery shall be deemed to occur in the state if the covered battery is delivered to the purchaser in the state.

(5) “Producer” does not include an admitted insurer possessing a certificate of authority from the Insurance Commissioner pursuant to Section 700 of the Insurance Code, nor does it apply to a placement of insurance that was made in full compliance with Section 1765.1 or 1765.2 of the Insurance Code.

(k) “Program operator” means a producer, or a stewardship organization on behalf of a group of producers, that is responsible for implementing a stewardship program in accordance with the requirements of this chapter.

(l) (1) “Rechargeable battery” means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, and that is designed to be recharged.

(2) “Rechargeable battery” does not include either of the following:

(A) A battery that contains electrolytes as a free liquid.

(B) A battery that employs lead-acid technology, unless that battery is sealed and contains no free liquid electrolytes.

(m) “Recycler” means a person who changes the physical or chemical composition of covered batteries.

(n) “Recycling” has the same meaning as set forth in subdivision (a) of Section 25121.1 of the Health and Safety Code. “Recycling” does not include any of the following:

(1) Combustion.

(2) Incineration.

(3) Energy generation.

(4) Fuel production.

(5) Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.

(6) Other forms of disposal, as defined in subdivision (b) of Section 40192.

(o) “Recycling efficiency rate” means the ratio of the weight of covered battery components recycled by a program operator from covered batteries to the weight of those covered batteries collected by the program operator.

(p) “Retailer” means a person who sells or offers for sale covered batteries in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.

(q) “Stewardship organization” means an organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that is established by a group of producers in accordance with this chapter to develop and implement a stewardship program.

(r) “Stewardship plan” or “plan” means a plan developed by a program operator pursuant to this chapter for the collection, transportation, and recycling, and the safe and proper management, of covered batteries.

(s) “Stewardship program” means a program established by a program operator pursuant to this chapter for the free at drop off, convenient, and safe collection, transportation, recycling, and otherwise proper management of covered batteries.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 192. (AB 1754) Effective January 1, 2024.)

chapter: 7.5. Responsible Battery Recycling Act of 2022

article: 1. General Provisions


text: The department, acting in accordance with Article 1 (commencing with Section 11340) to Article 8 (commencing with Section 11350), inclusive, of the Administrative Procedure Act, as set forth in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and in consultation with the Department of Toxic Substances Control, shall adopt regulations to implement this chapter with an effective date of no earlier than April 1, 2025.

article: 1. General Provisions


text:
(a) The department may adjust, through regulations adopted by the department, the minimum required collection sites, pursuant to subdivision (d) of Section 42422.1, to ensure that consumers have sufficient convenient access to collection sites, applicable to stewardship plans addressing collection of covered batteries if the department has substantial evidence that allowing for this adjustment will increase the collection of covered batteries.

(b) The department shall establish, through regulations adopted by the department pursuant to Section 42420.2, a limit on the number of covered batteries to be deposited at a single collection site, pursuant to subdivision (d) of Section 42422.1, as applicable, by a single consumer in a single day.

(c) Beginning January 1, 2032, and every five years thereafter, the department may after consultation with the program operators and through regulations adopted by the department adjust the minimum recycling efficiency rates established in Section 42422.1 based on the most economically and technically feasible processes and methodology available.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 193. (AB 1754) Effective January 1, 2024.)

article: 1. General Provisions


text:
(a) (1) A program operator shall include as a collection site under its stewardship program any entity that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, complies with any program operator requirements that are consistent with that program operator’s approved stewardship plan, and is judged by the program operator to have sufficient staff and resources to reliably comply, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved.

(2) A program operator shall include as a collection site under its stewardship program any household hazardous waste collection facility, as defined in Section 25218.1 of the Health and Safety Code, that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, and complies with any program operator requirements that are consistent with that program operator’s approved stewardship plan, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved.

(b) A program operator shall include the offering entity as a collection site in the stewardship program within 90 days of receiving the written offer to participate, confirming that the offering entity will comply with all applicable state and federal laws and regulations, and confirming that the offering entity has sufficient staff and resources to comply with any program operator requirements that are consistent with that program operator’s approved stewardship plan, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved. The program operator shall not be required to respond to offers pursuant to this paragraph until the program operator’s stewardship plan has been approved by the department.

(c) A program operator may suspend or terminate a collection site or service that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the program operator pursuant to paragraph (3) of subdivision (d) of Section 42422.1.

(d) A collection site shall be operated to ensure that covered batteries, as applicable, are collected safely and handled in accordance with all applicable state, federal, and municipal laws and regulations and the rules and conditions of the stewardship plan.

(e) This section does not exempt the program operator from meeting the minimum thresholds described in subdivision (d) of Section 42422.1.

article: 1. General Provisions


text:
(a) No later than 180 days after the effective date of this chapter, individual producers shall provide to the department, in a form and manner established by the department, a list of covered batteries and brands of covered batteries that the producer sells, distributes for sale, imports for sale, or offers for sale in or into the state.

(b) A program operator shall update the list described in subdivision (a) and provide the updated list to the department on or before January 15 of each year or upon request of the department, with at least 60 days to respond after a request from the department.

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 2. Program Operators for Covered Batteries


text:
(a) Producers may establish one or more stewardship organizations composed of producers to develop and implement a covered battery recycling program.

(b) (1) A producer shall comply with this chapter, and any effective regulations adopted pursuant to Section 42420.2, either individually or through a stewardship organization established pursuant to subdivision (a).

(2) A producer shall not sell, distribute for sale, offer for sale, or import for sale a covered battery in or into this state unless the producer is in compliance with this chapter and any regulations in effect and adopted pursuant to Section 42420.2.

(3) Every producer shall, no later than 180 days after the effective date of this chapter, notify all persons through which it is selling, distributing, importing, or offering for sale a covered battery in or into the state for sale in or into the state whether it will comply with this chapter individually or through a stewardship organization.

(c) Each producer covered under a stewardship organization shall register with that stewardship organization in accordance with the procedures and requirements established by that stewardship organization and shall comply with those procedures and requirements.

article: 2. Program Operators for Covered Batteries


text: Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall develop and submit to the department a complete stewardship plan, in accordance with the requirements of this chapter, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. No stewardship program serving more than one producer may limit its collection, transportation, and recycling of covered batteries to covered batteries of the producers participating in that stewardship program.

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 3. Stewardship Plans for Covered Batteries


text:
A stewardship plan for covered batteries shall include all of the following:

(a) The names of producers, as defined in subdivision (j) of Section 42420.1, and brands of covered batteries covered under the stewardship plan.

(b) A description of the process by which the program operator consulted with the advisory body created pursuant to Section 42422.4 to receive advice on the development and implementation of the stewardship plan.

(c) A description of methodologies for measuring, and meeting or exceeding, the established minimum recycling efficiency rate for primary and rechargeable batteries to meet the annual report requirement in subdivision (i) of Section 42424.1.

(d) A description of how the program operator will provide for a free at drop off and convenient collection system for covered batteries in each county of the state that meets all of the following requirements:

(1) A minimum of 10 collection sites per county or one collection site per 15,000 people, whichever is greater, except as identified below:

(A) A county with a population of 18,000 and under, as reported annually by the Department of Finance, shall have a minimum of three collection locations.

(B) A county with a population of between 18,001 and 50,000, as reported annually by the Department of Finance, shall have a minimum of four collection locations.

(C) A county with a population between 50,001 and 100,000, as reported annually by the Department of Finance, shall have a minimum of eight collection locations.

(2) The collection sites required by this subdivision shall not be required to collect covered batteries that are damaged, defective, or recalled.

(3) The collection sites in each county shall be spread throughout the county to facilitate widespread access and convenience. This paragraph does not authorize the department to require more than the minimum number of collection sites required pursuant to paragraph (1) or the regulations adopted by the department pursuant to Section 42420.2.

(e) A description of how collection sites will be authorized and managed, including both of the following:

(1) An explanation of the process by which the program operator will, upon request, provide to a household hazardous waste collection facility as defined in Section 25218.1 of the Health and Safety Code, at no cost, and to all other collection sites, at cost, packaging consistent with the requirements found in the United States Department of Transportation’s hazardous materials regulations and the necessary forms and instructions for the safe collection and transportation of damaged or defective covered batteries.

(2) An explanation of the process by which the program operator will provide for the collection and transport of covered batteries from the collection sites to a recycler and how shipments will be documented. A program operator shall maintain these records and make them available to the department upon request.

(f) A program operator shall allow a consumer to drop off at a collection site, at no charge at drop off, covered batteries.

(g) A description of how the program operator will provide collection sites at no cost to the collection sites with appropriate containers for covered batteries subject to its program, training, signage, safety guidance, and educational materials.

(h) All handling, collection, transport, and recycling of covered batteries undertaken as part of a stewardship program under this chapter shall comply with all applicable state and federal laws and regulations, but the department may not take enforcement action under this chapter against a program operator for failure to comply with those state and federal laws and regulations unless the program operator is first determined to have violated the applicable state or federal law or regulation by the governing body with jurisdiction to enforce the state or federal law or regulation.

(i) A retailer with five or more locations in the state shall make all locations serve as permanent collection sites for covered batteries, and shall comply with the rules and conditions of the program in which it participates, as part of a stewardship program.

(j) No program operator shall be required, as a condition of approval of its plan or program or otherwise, to accept damaged, defective, or recalled batteries at sites served by the program operator. Program operators shall provide to sites participating in their programs, information for persons seeking to recycle damaged or defective batteries informing those persons of the requirements for doing so and of the closest location at which damaged or defective batteries may be accepted. Program operators shall provide to sites participating in their programs information for persons seeking to recycle recalled batteries informing those persons of instructions to contact any entity recalling batteries to determine the appropriate handling of those batteries.

(k) (1) A description of the method to establish and administer a means for fully funding the stewardship program in a manner that equitably distributes the stewardship program’s costs among the producers that are part of the stewardship organization. For producers that elect to meet the requirements of this chapter individually, without joining a stewardship organization, a description of the proposed method to establish and administer a means for fully funding the stewardship program.

(2) The stewardship plan shall include a stewardship program budget, for the next three calendar years, that includes a funding level and anticipated revenues and costs sufficient to cover the budgeted costs, including, but not limited to, administrative costs, operational costs, and capital costs, to operate the stewardship program in a prudent and responsible manner. Administrative costs shall include the department’s and the Department of Toxic Substances Control’s anticipated actual, reasonable, and direct regulatory costs to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42420.2. For purposes of this paragraph, stewardship program implementation begins once the department approves a program operator’s stewardship plan, except the department’s and the Department of Toxic Substances Control’s costs shall include actual, reasonable, and direct regulatory development costs and other startup regulatory costs incurred prior to stewardship plan submittal and approval.

(l) A description of the process by which covered batteries will be processed and recycled following collection at collection sites, including all of the following:

(1) A description of how covered batteries will be handled and recycled, including how covered batteries will not be disposed of by the program operator and a description of how the recycling of all covered batteries will be maximized.

(2) A description of how discarded covered battery residual materials will, to the extent economically and technically feasible, be recycled and a description of how contracts with service providers will require that this be done and how the contractor will accomplish this.

(3) A description of how the program operator will prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability.

(m) Coordination with, and a description of the efforts and methods used to coordinate activities with, all of the following entities who are responsive to a request from the program operator:

(1) Other program operators.

(2) Existing battery collection and recycling programs, including electronic waste recyclers and dismantlers.

(3) Community-based organizations that contact the program operator and that are qualified to run or support collection events.

(n) Consultation with the California Environmental Protection Agency’s Environmental Justice Task Force regarding methods to supplement those of the program operator to collect covered batteries for recycling in areas and communities that face unique challenges associated with proper waste management, such as poverty, language barriers, and illegal disposal.

(o) A comprehensive statewide education and outreach program designed to educate consumers and promote participation in the collection and recycling program offered by the program operator. At a minimum, the comprehensive statewide education and outreach program shall include all of the following:

(1) A description of the education and communications strategy being implemented to effectively promote participation in the approved covered battery stewardship program and provide the information necessary for effective participation of consumers, retailers, and others.

(2) An internet website that publicizes the location of collection sites and provides information to consumers on the free at drop off and convenient network of collection sites offered by the stewardship program and any other information reasonably necessary to safely and conveniently access the collection and recycling services offered in the state.

(3) All signage and materials required for collection sites by the program operator, and the method by which collection sites can access replacement materials at no cost to the collection site.

(4) A description of efforts to support participation by all California communities, including a description of efforts to communicate with consumers in languages other than English, as described in subdivision (n).

(5) A description of goals and metrics used to determine the success of the statewide education and outreach program.

(6) The statewide education and outreach program shall promote the safe and proper management of covered batteries.

(7) The statewide education and outreach program shall not promote the disposal of covered batteries in a manner inconsistent with the services offered by the stewardship plan.

(8) The statewide education and outreach plan shall include information for consumers about how to avoid improper disposal of covered batteries.

(9) A description of how the program operators will annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program and periodically adjust strategies to maximize participation in the stewardship program.

(10) (A) Any program operator serving more than one producer shall coordinate with other program operators on the education and outreach programs that they implement pursuant to this subdivision.

(B) The department may approve multiple program operators sharing, on an equitable basis, the costs of implementing elements of the program that benefit all approved plans serving more than one producer and the program operators sponsoring them, except those costs specified in paragraphs (2) and (9).

(p) Developing strategies in coordination with other program operators to develop and implement proper labeling of covered batteries to ensure proper collection and recycling, by identifying the chemistry of the covered battery and including an indication that the covered battery should not be disposed of as household waste.

(q) A contingency plan in the event the stewardship plan expires, is disapproved, or is revoked. The contingency plan shall describe how the stewardship plan objectives can be carried out in the absence of a plan, either by the program operator or through an entity such as an escrow company.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 194. (AB 1754) Effective January 1, 2024.)

article: 3. Stewardship Plans for Covered Batteries


text:
(a) A program operator shall review its stewardship plan at least every five years after the stewardship plan approval, and determine whether revisions to the plan are necessary.

(b) If a program operator determines that revisions to the plan are necessary, the program operator shall submit to the department a revised plan for review and approval employing the procedures set forth in Section 42422.5. The stewardship organization shall submit the revised plan pursuant to this subdivision within 90 days of the review deadline outlined pursuant to subdivision (a).

(c) If a program operator determines that no revisions to the plan are necessary, the program operator shall send a letter to the department no later than 30 days after the review deadline outlined in subdivision (a), explaining that the program operator has reviewed the plan and determined that no revisions are needed. The department may disapprove the program operator’s determination within 30 days of receipt of that determination if the department concludes that the program operator cannot implement the objectives of this chapter without revising the stewardship plan. In the event the department disapproves the program operator’s determination, the program operator shall submit to the department a revised stewardship plan for review and approval in accordance with Section 42422.5. The program operator shall submit the revised plan pursuant to this subdivision within 90 days of receipt of the department’s disapproval.

(d) Notwithstanding the requirement in subdivision (a) of Section 42422.5, a program operator may, but is not required to, submit its plan to the Department of Toxic Substances Control prior to submission to the department pursuant to this section.


text:
(a) In preparing a stewardship plan pursuant to Section 42422.1, and any updates to the plan pursuant to Section 42422.3, a program operator shall engage in a consultative process with the advisory body created by the department pursuant to subdivision (b). The program operator shall consider any written recommendations from the advisory body during the plan development process.

(b) (1) No later than 120 days after the effective date of regulations, pursuant to Section 42420.2, the department shall create an advisory body for covered battery stewardship that may include, but is not limited to, representatives from local governments, recyclers, retailers, the household hazardous waste industry, nongovernmental organizations, environmental organizations, community-based justice and public health organizations, and the solid waste industry.

(2) Participation on the advisory body shall be voluntary.

(3) The advisory body is not a state body for purposes of Section 11121 of the Government Code, but shall provide advanced public notice about meetings, allow public participation in all meetings, and vote on written recommendations at public meetings.

(c) A program operator shall consider the advisory body’s recommendations.   If the producer or stewardship organization decides not to incorporate the advisory body’s recommendations, the program operator shall provide a brief written explanation to the department and the advisory body that explains the basis for the decision and also indicates whether the program operator plans to incorporate the recommendations into a subsequent stewardship plan, subsequent amendments to the plan, or a subsequent annual report.


text:
(a) (1) At least 150 days before submitting a stewardship plan to the department, a program operator shall submit its entire proposed stewardship plan to the Department of Toxic Substances Control for review.

(2) The Department of Toxic Substances Control shall review the plan only for compliance with state and federal laws and regulations within its jurisdiction. The Department of Toxic Substances Control shall identify any elements of the proposed stewardship plan that would, if implemented, violate state or federal laws or regulations within its jurisdiction, and provide to the program operator, and the department, that determination and an explanation for any determination of noncompliance within 90 days of receipt of the plan. The program operator shall resolve all determinations by the Department of Toxic Substances Control prior to submitting the stewardship plan to the department.

(3) If, 90 days after submitting a plan to the Department of Toxic Substances Control, a program operator has not received a response, the program operator may submit a certification to the department that the stewardship plan was submitted to the Department of Toxic Substances Control, as required, and a timely response was not received. Additionally, if a response is not received pursuant to the first sentence of this paragraph, the program operator shall submit a certification to the department that the stewardship plan is consistent with the laws and regulations within the jurisdiction of the Department of Toxic Substances Control.

(4) A program operator shall submit to the department all determinations received from the Department of Toxic Substances Control when the program operator submits its stewardship plan to the department. Any determination of noncompliance by the Department of Toxic Substances Control shall be accompanied by a superseding determination of compliance before a program operator submits its stewardship plan to the department.

(b) The department shall review the stewardship plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 120 days of receipt of the plan. The department may consult with or submit a stewardship plan for review to the Department of Toxic Substances Control if the department determines it is necessary for making a determination of approval of a stewardship plan. The duration of time the department takes for the consultation pursuant to the second sentence of this subdivision shall not count toward the 120-day time limit to determine approval, as specified in the first sentence of this subdivision.

(c) If the department disapproves a stewardship plan submitted by a program operator, the department shall explain how the stewardship plan does not comply with this chapter and provide written notice to the program operator within 30 days of disapproval. The program operator may resubmit to the department a revised stewardship plan within 60 days of the date the written notice was issued, and the department shall review the revised stewardship plan within 90 days of resubmittal. If a revised stewardship plan is disapproved by the department, a producer operating under the stewardship plan shall not be in compliance with this chapter until the department approves a stewardship plan submitted by a program operator that covers the producer’s products.

(d) Within 24 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall have a complete stewardship plan approved by the department and each producer shall be subject to an approved stewardship plan in order to be in compliance with this chapter.

(e) The approved plan shall be a public record, except that financial, production, or sales data reported to the department by the program operator is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only so the information cannot be attributable to a specific producer or distributor or to any other entity.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 195. (AB 1754) Effective January 1, 2024.)


text:
(a) Within 12 months of the approval of the stewardship plan, the department pursuant to Section 42422.5, a program operator shall fully implement its stewardship program.

(b) A program operator may petition the department to investigate a noncompliant producer, and the department shall respond to the petition in a timely manner.


text:
(a) No later than 90 days before a budget is submitted to the Department of Toxic Substances Control, the department and the Department of Toxic Substances Control shall notify each program operator of each agency’s respective anticipated actual and reasonable regulatory costs directly related to implementing and enforcing this chapter in relation to the program operator’s activities as the criteria for those costs are defined in the regulations adopted pursuant to Section 42420.2. This may include the actual and reasonable costs associated with regulatory regulation development pursuant to Section 42420.2 and other startup activities prior to stewardship plan submittal and approval, relative to the role of the program operator’s program compared to other programs.

(b) Program operators shall, on a schedule determined by the department and the Department of Toxic Substances Control, as applicable to each agency’s fees, pay the department and the Department of Toxic Substances Control, respectively, fees incurred to reimburse the department and the Department of Toxic Substances Control for incurred costs as described in subdivision (a). The fees shall not exceed the department’s or the Department of Toxic Substances Control’s actual and reasonable regulatory costs to implement and enforce this chapter as the criteria for those costs are defined in the regulations adopted pursuant to Section 42420.2. The fees shall be paid by each producer, either individually, if the producer is complying with the requirements of this chapter individually, or through a stewardship organization.

(c) (1) The department and the Department of Toxic Substances Control shall deposit all moneys received from a program operator pursuant to this section into the Covered Battery Recycling Fund, which is hereby established in the State Treasury.

(2) Upon appropriation by the Legislature, moneys in the Covered Battery Recycling Fund shall be expended by the department and the Department of Toxic Substances Control to implement and enforce this chapter, as well as to reimburse any outstanding loans made from other funds used to finance regulation development and startup costs of the department’s and the Department of Toxic Substances Control’s activities pursuant to this chapter.

(3) The moneys in the Covered Battery Recycling Fund shall not be expended for any other purpose.

article: 4. Financial Provisions

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 4. Financial Provisions


text: Each producer shall, either individually or through a stewardship organization, pay all administrative and operational costs associated with establishing and implementing the stewardship program in which it participates, including the cost of collection, transportation, recycling, and the safe and proper management of covered batteries.

article: 4. Financial Provisions


text:
(a) A program operator shall keep board minutes, books, and records that clearly reflect the activities and transactions of the program operator.

(b) A program operator shall retain, at the program operator’s expense, an independent public accountant, certified in the United States, to annually audit the accounting books of the program operator.

(c) The program operator shall include the audit in its annual report submitted pursuant to Section 42424.1, commencing within 18 months of plan approval by the department. The department shall review the audit for compliance with this chapter and consistency with the program operator’s stewardship plan. The department shall notify the program operator of any compliance issues or inconsistencies.

(d) The department may conduct its own audit if it determines that an audit is necessary to enforce the requirements of this chapter and that the audit conducted pursuant to subdivision (b) is not adequate for this purpose. The program operator may obtain copies of the department’s audit upon request.

(e) The department shall not publicly disclose any confidential proprietary or trade secret information in an audit conducted pursuant to this section.

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 5. Records, Audits, and Reports for Covered Batteries


text:
A program operator shall annually submit to the department, in the form and manner, and by the date, determined by the department, an annual report, which the department shall make publicly available that includes all of the following information for the preceding calendar year:

(a) The program operator’s costs and revenues.

(b) An estimate of the quantity of covered batteries sold in or into the state by the producers covered by the program operator’s stewardship plan, as determined by the best available commercial information, potentially including the application of California population data to the national sales information and the discarded covered batteries collected for recycling through the stewardship program.

(c) A list of the stewardship program’s collection sites, by name, location, and type.

(d) The total weight of primary and rechargeable batteries, respectively, that were collected.

(e) A list of each battery recycling facility used by the stewardship program, by name and location.

(f) An updated list of the names and corporate mailing addresses of producers, as defined in subdivision (j) of Section 42420.1 and brands of covered batteries covered under the stewardship plan.

(g) The total weight and number of covered batteries sold in or into the state attributed to a producer, who is a registered participant of the program operator’s plan, that are collected in the state and recycled by the program operator during the preceding calendar year, including a description of the methodology and information used to determine and calculate these values.

(h) The recycling efficiency rate of rechargeable and primary batteries that were recycled.

(i) Beginning January 1, 2027, a minimum recycling efficiency rate of 60 percent for rechargeable batteries and 70 percent for primary batteries shall be achieved. The weight of recovered materials from covered batteries counted towards the satisfaction of the recycling efficiency rate requirement shall be used.

(j) A description of methods used to collect, transport, and recycle covered batteries by the program operator.

(k) A description of outreach efforts and education, including, but not limited to, education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries.

(l) (1) A report on coordination activities with other program operators, including covered battery collection and recycling programs and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense.

(2) A description of efforts undertaken by a program operator to implement the required labeling of covered batteries pursuant to Section 42422.1.

(m) Findings from the evaluation of the comprehensive statewide education and outreach program required by paragraph (9) of subdivision (o) of Section 42422.1.

(n) A description of any consultation with the California Environmental Protection Agency’s Environmental Justice Task Force and other relevant stakeholders for collecting covered batteries for recycling in areas and communities that face unique challenges.

(o) A demonstration of actions taken by the program operator to comply with the requirements established pursuant to Section 42422.1.

(p) (1) A report on activities the program operator has undertaken in relation to all of the following:

(A) Meeting the requirements established pursuant to Section 42422.1.

(B) Making progress on meeting the requirements established pursuant to Section 42422.1.

(C) Making progress on planned efforts to meet the requirements established pursuant to Section 42422.1.

(2) Factors to be considered for purposes of paragraph (1) may include, but are not limited to, availability of takeback options and no-cost local curbside collections services, proximity to recyclers and no-cost collection points and events, and the state of current recycling technology.

(q) A report on activities the program operator has undertaken to prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability.

(r) If the program operator determines during a particular year that any of the activities undertaken to implement subdivision (q) were unsuccessful, the program operator shall identify the problems with the current activities, make modifications pursuant to the requirement in Section 42422.3, and report on other activities undertaken and progress made, in the following year’s annual report.

(s) An electronic copy in the form and manner determined by the department, and specified in the regulations adopted by the department pursuant to Section 42420.2 of any annual report, which shall include a brief explanation of how the program operator anticipates the activities may benefit the stewardship program. The program operator shall make these reports publicly available free of charge. If the report contains trade secret, proprietary, or confidential information protected under existing law, the program operator shall provide the department the report marked as trade secret, proprietary, confidential, and aversion of the report with that information redacted, and post the redacted report on its internet website.

(t) The progress toward attaining the goals included in the program operator’s stewardship plan.

(u) Any modifications or revisions to the stewardship plan, including those required pursuant to Section 42422.3, which are subject to review under Section 42422.5, intended to achieve the requirements established pursuant to Section 42422.1.

(v) Any other information deemed relevant by the program operator for the department to determine compliance with the approved stewardship plan.

article: 5. Records, Audits, and Reports for Covered Batteries


text:
(a) No later than 120 days after the date the department receives the annual report submitted by a program operator pursuant to Section 42424.1, the department shall notify the program operator if the annual report is compliant or noncompliant. If the department fails to act within 120 days of receipt of the annual report, the report shall be deemed approved.

(b) (1) If the department determines that the annual report is noncompliant due to failure to meet the requirements of Section 42424.1, the program operator shall resubmit a revised annual report addressing the department’s written reasons for its decision within 30 days of the department’s response.

(2) The department, within 60 days from the date a program operator resubmits a revised annual report, shall determine whether the annual report is compliant or noncompliant.

(3) If the department determines a revised annual report submitted pursuant to paragraph (1) is noncompliant, the program operator may submit only one additional revised annual report, subject to review in accordance with paragraph (2).

(c) The department may consult with or submit an annual report for review to the Department of Toxic Substances Control if the department determines it is necessary for making a determination of compliance of an annual report. The duration of time the department takes for this consultation is not included in the time allotted to the department for review pursuant to this section.


text:
(a) Within 24 months of the effective date of regulations pursuant to Section 42420.2, and on or before July 1 of each year thereafter, the department shall post on its internet website a list of producers that are in compliance with this chapter. The department shall list, as appropriate, the reported brands of covered batteries for each producer.

(b) A producer that is not listed on the department’s internet website pursuant to subdivision (a) that demonstrates compliance with this chapter before the next list is posted by the department may either be added to the internet website or be provided a certification letter from the department stating that the producer of a covered battery is in compliance with this chapter.

(c) (1) A retailer, importer, or distributor shall monitor the department’s internet website to determine if a producer, brand, or covered battery is in compliance with this chapter for that brand of covered battery.

(2) Except as provided in subdivision (d), on and after the date a stewardship plan is approved by the department pursuant to Section 42422.5, a retailer, importer, or distributor shall not sell, distribute, offer for sale, or import a covered battery in or into the state for sale in the state unless the producer of the covered battery is listed as in compliance pursuant to this section for that brand and covered battery.

(d) (1) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, or distributor may sell, offer for sale, import, or distribute a covered battery if, on the date the retailer or distributor sells or offers for sale the covered battery in or into the state, the producer, brand, or covered battery was listed as compliant on the department’s internet website.

(2) Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any existing inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state.

(e) (1) If the department determines a producer is not in compliance with this chapter, the department shall remove the producer, along with its brands and covered batteries, from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a).

(2) The department shall relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with this chapter.

article: 6. Enforcement

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 6. Enforcement


text:
(a) The department may impose an administrative civil penalty on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed ten thousand dollars ($10,000) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than fifty thousand dollars ($50,000) per day. The department shall establish, through regulations adopted by the department pursuant to Section 42420.2, a process that shall include an informal hearing process by which the penalties will be assessed.

(b) The department shall deposit all penalties collected pursuant to this section into the Covered Battery Recycling Penalty Account, which is hereby created in the Covered Battery Recycling Fund. These moneys shall be available for expenditure upon appropriation by the Legislature.

(c) This chapter does not limit or restrict the Department of Toxic Substances Control’s enforcement authority pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and its implementing regulations.

(d) The Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 196. (AB 1754) Effective January 1, 2024.)

article: 6. Enforcement


text:
(a) Upon a written finding that a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may, after affording the entity a reasonable opportunity to respond to, or rebut, the finding, take any of the following actions to ensure compliance with the requirements of this chapter:

(1) Revoke the program operator’s stewardship plan approval or require the program operator to resubmit the plan.

(2) Remove the producer, along with its brands and covered batteries from the department’s list of compliant producers, as specified in Section 42425.

(3) Impose additional compliance reporting requirements.

(4) Post the noncompliant entity onto a list of noncompliant entities.

(b) If a stewardship plan is revoked pursuant to paragraph (1) of subdivision (a) or terminated by the program operator that submitted the plan, a producer no longer subject to that plan may, without being subject to administrative civil penalties pursuant to Section 42425.1, sell or offer for sale covered batteries in or into the state for a period of up to one year after the stewardship plan was terminated or revoked if the producer continues to operate under the most recent approved stewardship plan to which the producer was subject.

article: 6. Enforcement


text:
(a) A producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site shall do both of the following:

(1) Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this chapter.

(2) Upon request, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with this chapter.

(b) The records required by this chapter shall be maintained and accessible for three years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.

(c) (1) The department may impose administrative civil penalties pursuant to Section 42425.1 on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that fails to provide the department with the access required pursuant to this section.

(2) The department may post a notice on the department’s internet website that is maintained pursuant to Section 42425 that a producer that fails to provide the department with access pursuant to this section, along with the producer’s brands and covered batteries, is no longer in compliance with this chapter.

article: 6. Enforcement


text: After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties, restitution, or other remedy was imposed by the department, for a judgment to collect any unpaid civil penalties or restitution or to enforce any other remedy provided by this chapter. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority.

article: 6. Enforcement


text:
(a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a program operator that relates to any of the following is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).

(b) Subdivision (a) applies to all of the following actions taken by a program operator:

(1) The creation, implementation, or management of a stewardship plan approved or conditionally approved by the department pursuant to Article 3 (commencing with Section 42422) and the determination of the types or quantities of covered batteries recycled or otherwise managed pursuant to a stewardship plan.

(2) The determination of the cost and structure of an approved stewardship plan.

(3) The establishment, administration, collection, or disbursement of a charge associated with funding the implementation of this chapter.

(c) Subdivision (a) does not apply to an agreement that does any of the following:

(1) Fixes a price of or for covered batteries, except for an agreement related to costs or charges associated with participation in a stewardship plan approved or conditionally approved by the department and otherwise in accordance with this chapter.

(2) Fixes the output or production of covered batteries.

(3) Restricts the geographic area in which, or customers to whom, covered batteries will be sold.

article: 7. Antitrust Immunity

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 7. Antitrust Immunity


text:
(a) This chapter preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency on or after January 1, 2023, regarding stewardship programs for covered batteries.

(b) The Legislature finds and declares that the recycling of covered batteries is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities.

path: 30. WASTE MANAGEMENT > 7.5. Responsible Battery Recycling Act of 2022 > 8. Preemption and Interstate Collaboration


text: If another state implements a covered battery recycling program, a program operator may, consistent with the requirements of this chapter, collaborate with that state to conserve resources necessary to efficiently manage and implement the program operator’s stewardship program in this state.

article: 8. Preemption and Interstate Collaboration


text:
For the purposes of this chapter, “lead-acid battery” means any battery which is primarily composed of both lead and sulfuric acid, with a capacity of six volts or more, and which is used for any of the following purposes:

(a) As a starting battery which is designed to deliver a high burst of energy necessary to crank an engine until it starts.

(b) As a motive power battery which is designed to provide the sources of power for propulsion or operation.

(c) As a stationary standby battery which is designed to be used in systems where the battery acts as a source of emergency power, serving as a backup in case of failure or interruption in the flow of power from the primary source.

chapter: 8. Recycled Battery Programs

article: 1. Lead-Acid Battery Program

path: 30. WASTE MANAGEMENT > 8. Recycled Battery Programs > 1. Lead-Acid Battery Program


text: “Recycled lead-acid battery” means any lead-acid battery which contains a minimum percentage of postconsumer recovered lead. The required minimum percentage of postconsumer recovered lead shall be determined by the board in consultation with the Market Development Commission.

article: 1. Lead-Acid Battery Program


text: On or before January 1, 1991, all lead-acid batteries purchased by any state agency for, and, at the next required installation of a battery in, an automobile or light truck owned or operated by the state agency, the battery shall be a recycled lead-acid battery, to the extent that all existing stock of nonrecycled batteries have been utilized.

article: 1. Lead-Acid Battery Program


text: The number of recycled lead-acid batteries purchased each year by the Department of General Services shall be tabulated and forwarded to the board on or before March 31 of each year.

history: (History: Amended by Stats. 1996, Ch. 1038, Sec. 22. Effective September 29, 1996.)

article: 1. Lead-Acid Battery Program


text:
(a) The board may conduct a study on the disposal and recyclability of household batteries, taking into account any studies completed or underway elsewhere, including, but not limited to, any studies by the Environmental Protection Agency. The board may participate in the study.

(b) The study may include, but is not limited to, all of the following:

(1) The effect of used household batteries on solid waste landfills and transformation facilities, including any threats to human health or environment.

(2) The recyclability of used household batteries, including, but not limited to, the following topics:

(A) Applicable recycling technologies and their effectiveness.

(B) Collection systems.

(C) Possible adverse effects on human health or the environment resulting from exposure to household batteries at all stages of the recycling process.

(D) Costs and revenues associated with recycling, including avoided disposal costs.

(E) Development of markets for products derived from recycled household batteries.

(c) For the purposes of this section, “household batteries” means batteries made of mercury, alkaline, carbon-zinc, nickel-cadmium, and other batteries typically generated as household waste, including, but not limited to, batteries used in hearing aids, cameras, watches, computers, calculators, flashlights, lanterns, standby and emergency lighting, portable radio and television sets, meters, toys, and clocks, but excluding lead-acid batteries as defined in Section 42440.

history: (History: Added by Stats. 1990, Ch. 711, Sec. 4.)

article: 2. Household Battery Program

path: 30. WASTE MANAGEMENT > 8. Recycled Battery Programs > 2. Household Battery Program


text:
(a) For purposes of this section, the following definitions apply:

(1) “Automobile dismantler” has the same definition as in Section 220 of the Vehicle Code.

(2) “Motor vehicle” has the same definition as in Section 415 of the Vehicle Code.

(3) “Vehicle manufacturer” has the same definition as in Section 672 of the Vehicle Code.

(b) On or before April 1, 2019, the Secretary for Environmental Protection shall convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Until April 1, 2022, the advisory group shall meet at least quarterly. The advisory group shall consult with universities and research institutions that have conducted research in the area of battery recycling, with manufacturers of electric and hybrid vehicles, and with the recycling industry. The Secretary for Environmental Protection shall appoint at least one member to the advisory group from each of the following:

(1) The Department of Resources Recycling and Recovery.

(2) The Department of Toxic Substances Control.

(3) A vehicle manufacturer.

(4) An organization that represents one or more vehicle manufacturers.

(5) An electronic waste recycler or an organization that represents one or more electronic waste recyclers.

(6) An automotive repair dealer or an organization that represents one or more automotive repair dealers.

(7) An automobile dismantler or an organization that represents one or more automobile dismantlers.

(8) An environmental organization that specializes in waste reduction and recycling.

(9) A representative of the energy storage industry.

(10) A lithium-ion vehicle battery manufacturer.

(11) A standards-developing organization that has a focus on automotive engineering.

(c) On or before April 1, 2022, the Lithium-Ion Car Battery Recycling Advisory Group shall submit policy recommendations to the Legislature, in compliance with Section 9795 of the Government Code, aimed at ensuring that as close to 100 percent as possible of lithium-ion vehicle batteries in the state are reused or recycled at end-of-life in a safe and cost-effective manner. The policy recommendations shall reflect entire life-cycle considerations for lithium-ion vehicle batteries, including, but not limited to, opportunities for and barriers to the reuse of those batteries as energy storage systems after they are removed from the vehicle, best management considerations for those batteries at end-of-life, and the overall effect of different management practices on the environment. In developing the policy recommendations, the advisory group shall consider both in-state and out-of-state options for the recycling of lithium-ion vehicle batteries.

(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 235. (AB 991) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)

article: 3. Lithium-Ion Batteries

path: 30. WASTE MANAGEMENT > 8. Recycled Battery Programs > 3. Lithium-Ion Batteries


text:
(a) This chapter shall be known, and may be cited, as the Rechargeable Battery Recycling Act of 2006.

(b) The Legislature finds and declares all of the following:

(1) The Department of Toxic Substances Control has determined that, due to their hazardous material content, the solid waste disposal of all household and rechargeable batteries should be prohibited. A regulation authorizing a temporary householder exemption to this prohibition will expire, by its own terms, in February 2006.

(2) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of previously used rechargeable batteries.

(3) It is the further purpose of this chapter to enact a law that establishes a program that is convenient for consumers and the public to return, recycle, and ensure the safe and environmentally sound disposal of used rechargeable batteries, and that provides for a system that does not charge the consumer when a rechargeable battery is returned.

(4) It is the intent of the Legislature that the cost associated with the handling, recycling, and disposal of used rechargeable batteries be the responsibility of the producers and consumers of rechargeable batteries, and not local government or their service providers, state government, or taxpayers.

(5) In order to reduce the likelihood of illegal disposal of hazardous materials, it is the intent of this chapter to ensure that all costs associated with the proper management of used rechargeable batteries is internalized by the producers and consumers of rechargeable batteries at or before the point of purchase, and not at the point of discard.

(6) Manufacturers and retailers of rechargeable batteries, in working to achieve the goals and objectives of this chapter, should have the flexibility to partner with each other and with those private and nonprofit business enterprises that currently provide collection and processing services to develop and promote a safe and effective used rechargeable battery recycling system for California.

(7) The producers of household and rechargeable batteries should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in household and rechargeable batteries.

(8) Household and rechargeable batteries, to the greatest extent feasible, should be designed for extended life and reuse.

(9) The purpose of this chapter is to provide for the safe, cost free, and convenient collection, reuse, and recycling of 100 percent of the rechargeable batteries discarded or offered for recycling in the state.

(10) In establishing a cost-effective system for the recovery, reuse, recycling, and proper disposal of used rechargeable batteries, it is the intent of the Legislature to encourage manufacturers and retailers to build on the retailer take-back systems initiated by the Rechargeable Battery Recycling Corporation and others.

history: (History: Added by Stats. 2005, Ch. 572, Sec. 1. Effective January 1, 2006. Inoperative September 30, 2026, pursuant to Section 42457. Repealed as of January 1, 2027, pursuant to Section 42457.)

article: 1. General Provisions

path: 30. WASTE MANAGEMENT > 8.4. Rechargeable Battery Recycling Act of 2006 > 1. General Provisions


text:
For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise:

(a) “Consumer” means a purchaser or owner of a rechargeable battery. “Consumer” also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer.

(b) “Department” means the Department of Toxic Substances Control.

(c) “Rechargeable battery” means a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium ion, or sealed lead-acid battery, or a battery pack containing these types of batteries.

(d) “Retailer” means a person who makes a retail sale of a rechargeable battery to a consumer in this state, including a manufacturer of a rechargeable battery who sells that rechargeable battery directly to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means, but does not include a sale that is a wholesale transaction with a distributor or retailer. “Retailer” does not include a person who sells primarily food and is listed in the Progressive Marketing Grocers Guidebook. “Retailer” does not include a person who has less than one million dollars ($1,000,000) annually in gross sales.

(e) (1) “Sell” or “sale” means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not include a wholesale transaction with a distributor or a retailer.

(2) For purposes of this subdivision and subdivision (d), “distributor” means a person who sells a rechargeable battery to a retailer.

(f) “Used rechargeable battery” means a rechargeable battery that has been previously used and is made available, by a consumer, for reuse, recycling, or proper disposal.

article: 2. Definitions

path: 30. WASTE MANAGEMENT > 8.4. Rechargeable Battery Recycling Act of 2006 > 2. Definitions


text:
(a) (1) On and after July 1, 2006, every retailer shall have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal.

(2) A retailer is not subject to the requirements of this chapter for the sale of rechargeable batteries that are contained in or packaged with a battery-operated device.

(b) A system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal shall, at a minimum, include all of the following elements:

(1) (A) The take-back at no cost to the consumer of a used rechargeable battery, the type or brand of which the retailer sold or previously sold.

(B) A retailer’s no-cost take-back obligation may be limited to a quantity equal to the number sold at the time of the take-back or previously sold to the consumer.

(2) If the retailer sells a rechargeable battery through a catalog order, telephone order, or other method that does not involve in-store sales, the retailer shall be deemed in compliance with this article if the retailer provides a reasonable notice either at the time of purchase or delivery to the consumer of an opportunity to return used rechargeable batteries at no cost for reuse, recycling, or proper disposal.

(A) The opportunity to return the rechargeable batteries shall be either through the retailer’s take-back program established pursuant to paragraph (1) or through participation with the Rechargeable Battery Recycling Corporation or similar take-back and recycling program.

(B) The notice shall include informational materials, including, but not limited to, Internet Web site links or a telephone number, placed on the invoice or purchase order, or packaged with the battery, that provide consumers access to obtain more information about the opportunities and locations for no-cost battery recycling.

(3) Making information available to consumers about rechargeable battery recycling opportunities provided by the retailer and encouraging consumers to utilize those opportunities. This information may include, but is not limited to, one or more of the following:

(A) Signage that is prominently displayed and easily visible to the consumer.

(B) Written materials provided to the consumer at the time of purchase or delivery, or both.

(C) Reference to the rechargeable batteries recycling opportunity in retailer advertising or other promotional materials, or both.

(D) Direct communications with the consumer at the time of purchase.

(c) An individual retailer location that is actively participating in the Rechargeable Battery Recycling Corporation’s or similar battery take-back and recycling program, and has implemented one or more of the public education components described in paragraph (3) of subdivision (b) shall be deemed in compliance with this article.

(d) If a retailer is participating in an existing battery recycling system that includes rechargeable batteries, in addition to any other type of batteries, and the system otherwise complies with the requirements of this article, the retailer may continue to participate in that existing system and is not required to implement or participate in a system that only includes rechargeable batteries.

article: 3. Rechargeable Battery Recycling

path: 30. WASTE MANAGEMENT > 8.4. Rechargeable Battery Recycling Act of 2006 > 3. Rechargeable Battery Recycling


text: On and after July 1, 2006, it is unlawful for a retailer to sell a rechargeable battery to a consumer unless the retailer complies with this chapter.

chapter: 8.4. Rechargeable Battery Recycling Act of 2006

article: 3. Rechargeable Battery Recycling


text:
(a) On or before July 1, 2007, and each July 1 thereafter, the department shall survey battery handling or battery recycling facilities, or both, for the data required for subdivision (b). The survey shall be a representative sample of facilities, as determined by the department.

(b) From the data obtained pursuant to subdivision (a), the department shall post on its Internet Web site the estimated amount, by weight, of each type of rechargeable batteries returned for recycling in California during the previous calendar year.

article: 4. Annual Return Data

path: 30. WASTE MANAGEMENT > 8.4. Rechargeable Battery Recycling Act of 2006 > 4. Annual Return Data


text: This chapter shall become inoperative on September 30, 2026, and, as of January 1, 2027, is repealed.

history: (History: Added by Stats. 2022, Ch. 351, Sec. 2. (AB 2440) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Ch. 8.4, commencing with Section 42451.)

article: 5. Repeal

path: 30. WASTE MANAGEMENT > 8.4. Rechargeable Battery Recycling Act of 2006 > 5. Repeal