reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.11.4.

25214.8.11.4. (a) On or before March 1, 2022, a manufacturer, or group of manufacturers, shall contract with or retain a qualified third party to develop and implement a convenient, cost-effective, and efficient program consistent with this act.
(b) A manufacturer, or group of manufacturers, shall issue a request for proposals for a qualified third party to develop and implement the program required pursuant to this act. The manufacturer, or group of manufacturers, shall consider all of the following factors when selecting a qualified third party to develop and implement the program:
(1) The qualified third party’s history and success of operating product takeback collection programs.
(2) The qualified third party’s ability to identify and provide information to consumers about out-of-service mercury-added thermostat collection locations.
(3) The qualified third party’s ability to ensure that transportation systems move waste safely and effectively.
(4) The qualified third party’s history of working with recycling or disposal experts, manufacturers, state and local governments, and retailers.
(5) The qualified third party’s ability to implement an effective education and outreach campaign.
(6) The qualified third party’s presence in the state and its ability to adequately engage with stakeholders in the state to develop and implement the program.
(7) Any other factors determined by the manufacturer, or group of manufacturers, to be relevant to the selection of a qualified third party to develop and implement the program.
(Added by Stats. 2021, Ch. 703, Sec. 6. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.12.

25214.8.12. (a) A manufacturer that fails to have a plan submitted by the qualified third party approved by the department pursuant to Section 25214.8.11.6 or a manufacturer that fails to make a payment required pursuant to either subparagraph (A) or (B) of paragraph (1) of subdivision (a) or subdivision (f) of Section 25214.8.11.2 shall be subject to the sales ban pursuant to subdivision (b).
(b) (1) A person shall not sell or offer for sale in this state a thermostat that is produced by a manufacturer that is not in compliance with this act.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) listing noncompliant manufacturers is posted on the department’s internet website and shall remain in effect until the manufacturer is no longer listed on the department’s internet website.
(c) On or before July 1, 2023, and on or before January 1 and July 1 of each year thereafter, the department shall post a notice on its internet website listing manufacturers that are not in compliance with this act.
(d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s internet website to determine if the sale of a manufacturer’s thermostats is in compliance with subdivision (b).
(Amended by Stats. 2022, Ch. 742, Sec. 2. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.13.5.

25214.8.13.5. (a) No later than July 1, 2023, and no later than July 1 of each year thereafter until July 1, 2028, the qualified third party shall conduct an annual survey of the groups listed in subdivision (c) of Section 25214.8.11.5 to evaluate the effectiveness of the education and outreach campaign developed by the qualified third party pursuant to that subdivision and to obtain collection data. The qualified third party shall transmit the annual survey results to the department by September 1 of the same year.
(b) The qualified third party shall post the results of the annual survey on the internet website created pursuant to subdivision (e) of Section 25214.8.11.5 and allow public comment on the survey for up to 30 calendar days after the survey is posted on the internet website. The department shall provide on its internet website a link to the qualified third party’s survey results and public comments.
(c) Until December 31, 2028, the qualified third party shall review the annual survey responses and public comments and, if warranted, by November 1 of the same year, submit to the department for its review and approval proposals to modify the program. The department shall evaluate the qualified third party’s proposals, provide feedback on the proposals to the qualified third party, and render a decision on the proposed modifications no later than December 1 of the same year. The modified plan shall be implemented the following calendar year to ensure that all out-of-service mercury-added thermostat collection locations are thoroughly informed about the program and its collection tools and are provided with any technical assistance that may be needed to increase the program’s effectiveness at out-of-service mercury-added thermostat collection locations where warranted.
(Amended by Stats. 2022, Ch. 742, Sec. 4. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.14.

25214.8.14. (a) A wholesaler that distributes new thermostats and that has a physical location in the state shall act as a collection location for out-of-service mercury-added thermostats.
(b) A retailer or wholesaler that distributes new thermostats by mail to buyers in the state shall include with the sale of the new thermostat, an internet website address and a toll-free telephone number with instructions on obtaining a prepaid mail-in label that a consumer may use to send an out-of-service mercury-added thermostat to a collection location.
(c) A wholesaler that distributes new thermostats shall distribute the educational and outreach materials developed by the qualified third party pursuant to Section 25214.8.11.5 to the wholesaler’s customers.
(Amended by Stats. 2021, Ch. 703, Sec. 12. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.15.

25214.8.15. A contractor who installs heating, ventilation, and air-conditioning components and who removes a mercury-added thermostat shall take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats.
(Amended by Stats. 2021, Ch. 703, Sec. 13. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.16.

25214.8.16. A person who demolishes a building shall remove any mercury-added thermostats from the building before demolition in accordance with all applicable statutes and regulations, and take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats.
(Amended by Stats. 2021, Ch. 703, Sec. 14. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.17.

25214.8.17. The department shall repeal Chapter 24 (commencing with Section 66274.1) of Division 4.5 of Title 22 of the California Code of Regulations.
(Amended by Stats. 2022, Ch. 742, Sec. 5. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.18.

25214.8.18. (a) The collection, handling, storage, and management of out-of-service mercury-added thermostats pursuant to this act shall be performed in compliance with this chapter and its implementing regulations.
(b) Nothing in this act shall be construed as affecting or modifying a person’s responsibility to otherwise comply with this chapter, including its implementing regulations, with respect to hazardous waste.
(c) Except as provided, nothing in this act shall limit or restrict the department’s enforcement authority pursuant to this chapter and its implementing regulations.
(d) Notwithstanding any other law, a qualified third party shall not be liable pursuant to this chapter for violations of this act.
(Amended by Stats. 2022, Ch. 28, Sec. 91. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.19.

25214.8.19. (a) Unless otherwise provided in this article, the obligations imposed by this article shall remain in effect until January 1, 2030.
(b) The Mercury Thermostat Collection Program Fund created by subparagraph (A) of paragraph (3) of subdivision (a) of Section 25214.8.11.2 shall be abolished on November 30, 2032.
(c) Any unencumbered moneys remaining in the fund on November 30, 2032, shall be refunded to the manufacturer, or group of manufacturers, that paid to the department the fees required pursuant to clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) and subparagraph (B) of paragraph (1) of subdivision (a) of Section 25214.8.11.2.
(d) This article shall remain in effect only until January 1, 2033, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 60, Sec. 31. (AB 203) Effective June 30, 2022. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Article 10.2.2, commencing with Section 25214.8.10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.3 - Electronic Waste › Section 25214.9.

25214.9. (a)  The requirements and other provisions of Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code are incorporated by reference as requirements and provisions of this chapter.
(b)  To the extent consistent with the federal act, the department may, by regulation, establish management standards as an alternative to one or more of the standards in this chapter, for any specified activity that involves the management of an electronic waste.
(Added by Stats. 2003, Ch. 526, Sec. 2. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.3 - Electronic Waste › Section 25214.10.

25214.10. (a) For purposes of this section, “electronic device” has the same meaning as a “covered electronic device,” as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. “Covered electronic device” does not include a covered battery-embedded product, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code.
(b) The department shall adopt regulations, in accordance with this section, that prohibit an electronic device from being sold or offered for sale in this state if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, to the extent that Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, and as amended thereafter by the Commission of European Communities, prohibits that sale due to the presence of certain heavy metals.
(c) The regulations adopted pursuant to subdivision (b) shall take effect January 1, 2007, or on or after the date Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, takes effect, whichever date is later.
(d) The department shall exclude, from the regulations adopted pursuant to this section, the sale of an electronic device that contains a substance that is used to comply with the consumer, health, or safety requirements that are required by the Underwriters Laboratories, the federal government, or the state.
(e) In adopting regulations pursuant to this section, the department shall not require the manufacture or sale of an electronic device that is different than, or otherwise not prohibited by, the European Union under Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003.
(f) (1) The department shall not adopt any regulations pursuant to this section that impose any requirements or conditions that are in addition to, or more stringent than, the requirements and conditions expressly authorized by this section.
(2) In complying with this subdivision, the department shall use, in addition to any other information deemed relevant by the department, the published decisions of the Technical Adaptation Committee and European Union member states that interpret the requirements of Directive 2002/95/EC.
(Amended by Stats. 2022, Ch. 370, Sec. 1. (SB 1215) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.3 - Electronic Waste › Section 25214.10.2.

25214.10.2. A regulation adopted pursuant to this article may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
(Added by Stats. 2004, Ch. 863, Sec. 3. Effective September 29, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.11.

25214.11. (a)  The Legislature finds and declares all of the following:
(1)  The management of solid waste can pose a wide range of hazards to public health and safety and to the environment.
(2)  Packaging comprises a significant percentage of the overall solid waste stream.
(3)  The presence of heavy metals in packaging is a part of the total concern regarding the disposal of hazardous constituents in the solid waste stream, in light of the presence of heavy metals in emissions or ash when packaging is incinerated, or in leachate when packaging is disposed of in a solid waste landfill.
(4)  Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern.
(5)  It is desirable, as a first step in reducing the toxicity of packaging waste, and reducing the hazardous materials that may be disposed of in solid waste landfills, to eliminate the addition of these heavy metals to packaging.
(6)  The intent of this article is to achieve this reduction in toxicity without impeding or discouraging the expanded use of recycled materials in the production of packaging and its components.
(b)  This article shall be known, and may be cited, as the “Toxics in Packaging Prevention Act.”
(Added by Stats. 2003, Ch. 679, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.13.

25214.13. (a) Except as provided in Section 25214.14, on and after January 1, 2006, a manufacturer or supplier may not offer for sale or for promotional purposes in this state a package or packaging component that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.
(b) Except as provided in Section 25214.14, on and after January 1, 2006, a person may not offer for sale or for promotional purposes in this state a product in a package that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.
(c) Except as provided in Section 25214.14, on and after January 1, 2006, a person may not offer for sale or for promotional purposes in this state a package, packaging component, or product in a package if the sum of the incidental total concentration levels of all regulated metals present in a single-component package or in an individual packaging component exceeds 100 parts per million by weight.
(Amended by Stats. 2008, Ch. 575, Sec. 11. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.16.

25214.16. (a) On and after January 1, 2006, each manufacturer or supplier shall furnish a certificate of compliance to the purchaser of a package or packaging component, even when the purchaser is also a supplier, stating that the package or packaging component is in compliance with the requirements of this article. However, if, pursuant to Section 25214.14, the package is exempt from the requirements of Section 25214.13, the certificate of compliance shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturer or supplier. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component.
(b) A purchaser of a package or packaging component subject to subdivision (a) shall retain the certificate of compliance for as long as the package or packaging component is in use by the purchaser.
(c) The manufacturer or supplier shall furnish to the department a copy of the certificate of compliance for each package or packaging component for which an exemption is claimed under Section 25214.14 at the time when a certificate of compliance for that package or packaging component is first furnished to a purchaser. If no exemption is claimed for a package or packaging component, the manufacturer or supplier shall provide to the department upon request a copy of the certificate of compliance for that package or packaging component.
(d) If a manufacturer or supplier of a package or packaging component subject to subdivision (a) reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide the purchaser, and, if the package or packaging component is exempt, the department, with an amended or new certificate of compliance for the reformulated or new package or packaging component.
(Amended by Stats. 2007, Ch. 659, Sec. 3. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.17.

25214.17. (a) Except as provided in subdivision (b), the department, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), shall provide the public with access to all information relating to a package or packaging component that has been submitted to the department by a manufacturer or supplier of a package or packaging component pursuant to this article.
(b) (1) The department shall keep confidential any information identified by the manufacturer or supplier, pursuant to paragraph (2), as a trade secret, as defined in Section 25173, in accordance with departmental procedures that have been adopted pursuant to Section 25173, if the department determines that this information meets that definition of a trade secret.
(2) A manufacturer or supplier providing information to the department pursuant to this article shall, at the time of submission, identify all information that the manufacturer or supplier believes is a trade secret. The department shall make available to the public any information that is not a trade secret.
(Amended by Stats. 2021, Ch. 615, Sec. 249. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.18.

25214.18. If the department determines that other substances contained in packaging should be added as regulated metals to the list set forth in subdivision (l) of Section 25214.12 in order to further reduce the toxicity of packaging waste, the department may submit recommendations to the Governor and the Legislature for additions to the list, along with a description of the nature of the substitutes used in lieu of the recommended additions to the list.
(Amended by Stats. 2008, Ch. 575, Sec. 15. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.19.

25214.19. This article does not do the following:
(a) Affect a duty or other requirement imposed under federal or state law.
(b) Alter or diminish a legal obligation otherwise required in common law or by statute or regulation.
(c) Create or enlarge a defense in an action to enforce a legal obligation otherwise required in common law or by statute or regulation.
(Amended by Stats. 2004, Ch. 445, Sec. 8. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.20.

25214.20. (a)  The provisions of this article are severable, and if a court holds that a phrase, clause, sentence, or provision of this article is invalid, or that its applicability to a person or circumstance is invalid, the remainder of the article and its applicability to other persons and circumstances may not be affected.
(b)  The provisions of this article shall be liberally construed to give effect to the purposes of this article.
(Added by Stats. 2003, Ch. 679, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.21.

25214.21. The department may enforce the requirements of this article pursuant to its authority to enforce this chapter under all applicable provisions of law.
(Added by Stats. 2004, Ch. 445, Sec. 9. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.22.

25214.22. (a) Except as provided in subdivision (b), a person who offers for retail sale or for promotional purposes a product in a package or in a packaging component that includes a regulated metal shall not be subject to any administrative or civil penalty for a violation of this article, if the person proves, by a preponderance of evidence, all of the following:
(1) The person received a certificate of compliance for the package or packaging component from the manufacturer or supplier.
(2) The certificate of compliance received pursuant to paragraph (1) stated that the package or packaging component is in compliance with the requirements of this article.
(3) The person relied on the certificate of compliance and did not know or had no reason to know that the package or packaging component was in violation of this article.
(4) Upon receiving a notice of violation from the department, the person took corrective action by immediately removing the package or packaging component from commerce.
(b) The affirmative defense specified in subdivision (a) does not apply to, and may not be raised by, a person who has been found to be in violation of this article on at least two prior occasions in the preceding three years from the filing date of the current action.
(Added by Stats. 2008, Ch. 575, Sec. 16. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.22.1.

25214.22.1. A manufacturer or supplier of a package or packaging component who knowingly and intentionally offers for sale or for promotional purposes a package or packaging component in violation of this article is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment.
(Added by Stats. 2008, Ch. 575, Sec. 17. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.23.

25214.23. (a) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, may, upon presenting appropriate credentials and at a reasonable time, do any of the following:
(1) Enter a factory, warehouse, or establishment in which a package or packaging component is manufactured, packed, held, or sold; enter a vehicle that is being used to transport, hold, or sell the package or packaging component; or enter a place where a package or packaging component is suspected of being held or sold in violation of this article.
(2) Inspect a factory, warehouse, establishment, vehicle, or place described in paragraph (1), and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. In the case of a factory, warehouse, or establishment in which a package or packaging component is manufactured, packed, held, or sold, inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the package, packaging component, or product in a package is being manufactured, packed, held, transported, sold, offered for sale, or offered for promotional purposes in violation of this article.
(3) Have access to all records of a carrier in commerce relating to the movement in commerce of a package or packaging component, or the holding of that package or packaging component during or after the movement, and the quantity, shipper, and consignee of the package or packaging component. A carrier shall not be subject to the other provisions of this article by reason of its receipt, carriage, holding, or delivery of a product in a package or packaging component in the usual course of business as a carrier.
(b) An authorized representative of the department shall be deemed to have received implied consent to enter a retail establishment, for purposes of this section if the authorized representative enters the location of that retail establishment where the public is generally granted access.
(Added by Stats. 2008, Ch. 575, Sec. 18. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.24.

25214.24. (a) When taking an action authorized pursuant to Section 25214.23, an authorized representative of the department may secure a sample of a package, packaging component, or product in a package. If the representative obtains a sample prior to leaving the premises, he or she shall leave a receipt describing the sample obtained.
(b) The department shall return, upon request, a sample that is not destroyed during testing when the department no longer has any purpose for retaining the sample.
(c) A sample that is secured in compliance with this section and found to be in compliance with this article that is destroyed during testing shall be subject to a claim for reimbursement.
(Added by Stats. 2008, Ch. 575, Sec. 19. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.4 - Toxics in Packaging Prevention Act › Section 25214.26.

25214.26. The department may adopt regulations to implement this article, as deemed necessary to further the purposes of this article.
(Added by Stats. 2008, Ch. 575, Sec. 20. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.

25215. This article shall be known, and may be cited, as the Lead-Acid Battery Recycling Act of 2016.
(Repealed (in Sec. 2) and added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.11.

25215.11. (a) It is the intent of the Legislature in enacting this chapter that existing and future lead-acid battery recycling, resale, refurbishing, and reuse operations that are in compliance with state and federal law shall not be adversely affected by this chapter.
(b) The Legislature finds and declares all of the following:
(1) Pursuant to Section 3 of Article XIII A and Section 1 of Article XIII C of the California Constitution, it is right and proper that the fees established by this chapter and imposed upon purchasers and manufacturers of lead-acid batteries should be used solely to address the state’s needs described in paragraph (1) of subdivision (b) of Section 25215.5, which are limited to areas of the state that are or have been contaminated by the operation of a lead-acid battery recycling facility, and to encourage the proper recycling of lead-acid batteries.
(2) Reasonable and verifiable analyses, such as the analysis performed by the European Commission pursuant to that body’s end-of-life vehicle directive (Directive 2000/53/EC), have established that no viable alternative technology exists that can replace lead-acid batteries at a mass-market scale for use in motor vehicles as starting batteries that are designed to deliver a high burst of energy to an internal combustion engine until it starts.
(3) Lead-acid batteries, among other technologies, are necessary to enable the state to achieve the requirements for increasing electricity sales from renewable energy resources established in Section 399.15 of the Public Utilities Code and the requirements for greenhouse gas emissions reduction established in Section 38566, particularly those lead-acid batteries used as stationary storage or standby batteries that are designed to be used in systems in which the battery acts either as electrical storage for electricity generation equipment or a source of emergency power, or otherwise serves as a backup in case of failure or interruption in the flow of power from the primary source.
(4) Lead-acid batteries are the most recycled consumer product in the state, with a nationwide recycling rate exceeding 99 percent, and it is in the public interest to ensure that future policy decisions do not diminish, impede, disincentivize, or otherwise interfere with the efficient and environmentally sound recycling of lead-acid batteries.
(Added by Stats. 2019, Ch. 860, Sec. 2. (AB 142) Effective October 13, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.15.

25215.15. (a) Except as provided in subdivision (b), no person shall dispose, or attempt to dispose, of a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters.
(b) A person may dispose of a lead-acid battery at either of the following locations:
(1) A facility, including a facility located at a solid waste facility, established and operated for the purpose of recycling, or providing for the eventual recycling of, lead-acid batteries.
(2) A dealer pursuant to Section 25215.2.
(Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.35.

25215.35. (a) Until April 1, 2022, a manufacturer battery fee of one dollar ($1) shall be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California.
(b) On and after April 1, 2022, a manufacturer battery fee of two dollars ($2) shall be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California.
(c) Manufacturer battery fees shall be paid to the California Department of Tax and Fee Administration in a manner and form as prescribed by the California Department of Tax and Fee Administration and at the time the return is required to be filed, as specified in Section 25215.47.
(d) (1) If a lead-acid battery is sold or will be used in a manner or for a purpose entitling the manufacturer to regard the purchase as not subject to the manufacturer battery fee, the manufacturer shall obtain written documentation from the purchaser certifying that the lead-acid battery will be used in a manner or for a purpose entitling the manufacturer to regard the purchase as not subject to the manufacturer battery fee.
(2) If a purchaser certifies in writing to a manufacturer that the lead-acid battery will be used in a manner or for a purpose for which no payment is required to be made for the manufacturer battery fee, and the purchaser sells or uses the battery such that no exception to the requirement to pay the applicable fee or fees applies, the purchaser shall be liable for the payment of any applicable fees.
(Amended by Stats. 2019, Ch. 860, Sec. 6. (AB 142) Effective October 13, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.45.

25215.45. (a) (1) Except as provided in paragraph (2), the lead-acid battery fees imposed pursuant to Sections 25215.25 and 25215.35 shall be collected by the California Department of Tax and Fee Administration in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For the purposes of this section, the reference to “feepayer” shall include a dealer and manufacturer.
(2) Notwithstanding the petition for redetermination and claim for refund provisions of the Fee Collection Procedures Law (Article 3 (commencing with Section 55081) of Chapter 3 of, and Article 1 (commencing with Section 55221) of Chapter 5 of, Part 30 of Division 2 of the Revenue and Taxation Code), the California Department of Tax and Fee Administration shall not do either of the following:
(A) Accept or consider any petition for redetermination of fees determined under this article if the petition is founded upon the grounds that a battery is or is not a lead-acid battery, as defined in Section 25215.1. The California Department of Tax and Fee Administration shall forward to the department any petition for redetermination that is based on those grounds.
(B) Accept or consider a claim for refund of fees paid pursuant to this article, if the claim for refund is founded upon the grounds that a battery is or is not a lead-acid battery, as defined in Section 25215.1. The California Department of Tax and Fee Administration shall forward to the department any claim for refund that is based on these grounds.
(b) The following persons shall register with the California Department of Tax and Fee Administration:
(1) A dealer of lead-acid batteries.
(2) A manufacturer of lead-acid batteries.
(Amended by Stats. 2019, Ch. 860, Sec. 7. (AB 142) Effective October 13, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.47.

25215.47. (a) The return required to be filed pursuant to Section 55040 of the Revenue and Taxation Code shall be prepared and filed by the person required to register with the board, in the form prescribed by the board, and shall contain the information the board deems necessary or appropriate for the proper administration of this article and the Fee Collection Procedures Law. Except as provided in subdivision (b), the return shall be filed on or before the last day of the calendar month following the calendar quarter to which the return relates, together with a remittance payable to the board for the fee amount due for that period. Returns shall be filed with the board using electronic media and authenticated in a form, or pursuant to methods, as may be prescribed by the board.
(b) The board may require the payment of the fee and the filing of the returns for other than quarterly periods.
(Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.48.

25215.48. (a) Notwithstanding subdivision (b) of Section 55381 of the Revenue and Taxation Code, the California Department of Tax and Fee Administration may disclose the name, address, account number, and account status of a person registered with the California Department of Tax and Fee Administration to pay the manufacturer battery fee. Except as provided in subdivision (b), account status shall not include the amount of the manufacturer battery fee paid by any person.
(b) The California Department of Tax and Fee Administration may disclose to an importer the amount of the manufacturer battery fee paid or not paid on behalf of that importer by a person with which the importer has entered into an agreement pursuant to Section 25215.3.
(Added by Stats. 2019, Ch. 860, Sec. 8. (AB 142) Effective October 13, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.56.

25215.56. (a) Any manufacturer battery fees remitted pursuant to this article shall, subject to subdivision (b) of Section 25215.3, be credited to the account of the manufacturer remitting those fees to the California Department of Tax and Fee Administration and shall be credited against amounts owed by the manufacturer to the state pursuant to a judgment or determination of liability under Part 2 (commencing with Section 78000) of Division 45 or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility. A manufacturer shall not seek more than one credit for the same fee amount. This subdivision does not apply to any manufacturer who is also an owner or operator of a lead-acid battery recycling facility in California.
(b) The amount paid by a manufacturer for a manufacturer battery fee shall be considered to reduce the manufacturer’s share of liability in the allocation or apportionment of costs among potentially responsible parties in a contribution action brought by a private party related to a release of hazardous substances from a lead-acid battery recycling facility. This subdivision does not apply to any manufacturer who is also an owner or operator or a former owner or operator of a lead-acid battery recycling facility in California where a release occurred.
(c) This article does not create a private cause of action. Nothing in this article shall be construed to affect, expand, alter, or limit any requirements, duties, rights, or remedies under other law, or limit the state or any other party from bringing any cause of action that may exist under any law.
(Amended by Stats. 2022, Ch. 258, Sec. 59. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.59.

25215.59. If the state loans money from the General Fund to the Toxic Substances Control Account for the cleanup of lead contamination in the state, the following shall apply:
(a) Money from the Lead-Acid Battery Cleanup Fund may be used towards repaying the loan that was made before September 26, 2016, or any other loan of public funds made for the purposes set forth in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 25215.5.
(b) Any moneys designated as repayment of the loan shall be deposited to that loan, but shall be available to be loaned to the Toxic Substances Control Account for the purposes of cleaning up areas of the state that are reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility.
(Amended by Stats. 2020, Ch. 276, Sec. 4. (AB 2104) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.65.

25215.65. On and after July 1, 2017, a manufacturer shall place a recycling symbol consistent with the requirements of Section 103(b)(1) of the Federal Mercury Containing and Rechargeable Battery Management Act, Pub. L. No. 104-142 (1996) (42 U.S.C. 14301(b)(1)) and either “Pb” or the words “lead,” “return,” and “recycle” on all replacement lead-acid batteries sold in California. For purposes of this section, an entity that engages another party to manufacture batteries on its behalf shall be deemed the manufacturer.
(Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.72.

25215.72. One million two hundred thousand dollars ($1,200,000) shall be loaned from the California Tire Recycling Management Fund to the board for implementing the collection of the California battery fee and the manufacturer battery fee and shall be repaid from the proceeds of those fees pursuant to this article no later than October 1, 2017. The Director of Finance shall order the repayment of all or a portion of this loan if he or she determines that either of the following circumstances exist:
(a) The fund or account from which the loan was made has a need for the moneys.
(b) There is no longer a need for the moneys by the board.
(Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.74.

25215.74. (a) The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this article, including, but not limited to, registration, collections, reporting, notices for manufacturers, refunds, and appeals.
(b) The board may prescribe, adopt, and enforce any emergency regulations as necessary to implement this article. Any emergency regulation prescribed, adopted, or enforced pursuant to this article shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect until regulations have been adopted pursuant to subdivision (a).
(Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.5 - The Lead-Acid Battery Recycling Act of 2016 › Section 25215.75.

25215.75. This article shall become operative on January 1, 2017.
(Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Note: This section specifies an operative date for Article 10.5, commencing with Section 25215.)