CHAPTER 7.5. Responsible Battery Recycling Act of 2022

Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1.

§§ 42420–42428 · 26 sections

1. ARTICLE 1. General Provisions §§ 42420–42420.4 · 5 sections

   • § 42420 This chapter shall be known, and may be cited, as the Responsible Battery Recycling Act of 2022.
   • § 42420.1 For purposes of this chapter, the following terms have the following meanings: (a) “Brand” means a trademark, including both a registered trademark and an…
   • § 42420.2 The department, acting in accordance with Article 1 (commencing with Section 11340) to Article 8 (commencing with Section 11350), inclusive, of the…
   • § 42420.3 (a) The department may adjust, through regulations adopted by the department, the minimum required collection sites, pursuant to subdivision (d) of Section…
   • § 42420.4 (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…
2. ARTICLE 2. Program Operators for Covered Batteries §§ 42421–42421.2 · 2 sections

   • § 42421 (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…
   • § 42421.2 (a) Producers may establish one or more stewardship organizations composed of producers to develop and implement a covered battery recycling program. (b) (1) A…
3. ARTICLE 3. Stewardship Plans for Covered Batteries §§ 42422–42422.6 · 6 sections

   • § 42422 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…
   • § 42422.1 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…
   • § 42422.3 (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…
   • § 42422.4 (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…
   • § 42422.5 (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…
   • § 42422.6 (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…
4. ARTICLE 4. Financial Provisions §§ 42423–42423.1 · 2 sections

   • § 42423 (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…
   • § 42423.1 Each producer shall, either individually or through a stewardship organization, pay all administrative and operational costs associated with establishing and…
5. ARTICLE 5. Records, Audits, and Reports for Covered Batteries §§ 42424–42424.4 · 3 sections

   • § 42424 (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…
   • § 42424.1 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…
   • § 42424.4 (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…
6. ARTICLE 6. Enforcement §§ 42425–42425.4 · 5 sections

   • § 42425 (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…
   • § 42425.1 (a) The department may impose an administrative civil penalty on a producer, program operator, stewardship organization, manufacturer, distributor, retailer,…
   • § 42425.2 (a) Upon a written finding that a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection…
   • § 42425.3 (a) A producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site shall do both of the…
   • § 42425.4 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…
7. ARTICLE 7. Antitrust Immunity § 42426 · 1 section

   • § 42426 (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…
8. ARTICLE 8. Preemption and Interstate Collaboration §§ 42427–42428 · 2 sections

   • § 42427 (a) This chapter preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency…
   • § 42428 If another state implements a covered battery recycling program, a program operator may, consistent with the requirements of this chapter, collaborate with…