reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 2 - Retreaded Tire Program › Section 42411.

42411. 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.
(Amended by Stats. 1990, Ch. 1156, Sec. 6.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 2 - Retreaded Tire Program › Section 42412.

42412. 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.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 2 - Retreaded Tire Program › Section 42413.

42413. Emergency vehicles, as defined in Section 165 of the California Vehicle Code are exempt from this provision.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 2 - Retreaded Tire Program › Section 42414.

42414. 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.
(Amended by Stats. 1996, Ch. 1038, Sec. 20. Effective September 29, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 2 - Retreaded Tire Program › Section 42415.

42415. 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.
(Amended by Stats. 1996, Ch. 1038, Sec. 21. Effective September 29, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 2 - Retreaded Tire Program › Section 42416.

42416. 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.
(Amended by Stats. 1992, Ch. 1293, Sec. 10. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 1 - General Provisions › Section 42420.

42420. This chapter shall be known, and may be cited, as the Responsible Battery Recycling Act of 2022.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 1 - General Provisions › Section 42420.2.

42420.2. 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 1 - General Provisions › Section 42420.3.

42420.3. (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.
(Amended by Stats. 2023, Ch. 131, Sec. 193. (AB 1754) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 1 - General Provisions › Section 42420.4.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 2 - Program Operators for Covered Batteries › Section 42421.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 2 - Program Operators for Covered Batteries › Section 42421.2.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 3 - Stewardship Plans for Covered Batteries › Section 42422.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 3 - Stewardship Plans for Covered Batteries › Section 42422.3.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 3 - Stewardship Plans for Covered Batteries › Section 42422.4.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 3 - Stewardship Plans for Covered Batteries › Section 42422.6.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 4 - Financial Provisions › Section 42423.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 4 - Financial Provisions › Section 42423.1.

42423.1. 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 5 - Records, Audits, and Reports for Covered Batteries › Section 42424.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 5 - Records, Audits, and Reports for Covered Batteries › Section 42424.4.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 6 - Enforcement › Section 42425.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 6 - Enforcement › Section 42425.1.

42425.1. (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.
(Amended by Stats. 2023, Ch. 131, Sec. 196. (AB 1754) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 6 - Enforcement › Section 42425.2.

42425.2. (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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 6 - Enforcement › Section 42425.3.

42425.3. (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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 6 - Enforcement › Section 42425.4.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 7 - Antitrust Immunity › Section 42426.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 8 - Preemption and Interstate Collaboration › Section 42427.

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 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7.5 - Responsible Battery Recycling Act of 2022 › ARTICLE 8 - Preemption and Interstate Collaboration › Section 42428.

42428. 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.
(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8 - Recycled Battery Programs › ARTICLE 1 - Lead-Acid Battery Program › Section 42440.

42440. 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.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8 - Recycled Battery Programs › ARTICLE 1 - Lead-Acid Battery Program › Section 42441.

42441. “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.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8 - Recycled Battery Programs › ARTICLE 1 - Lead-Acid Battery Program › Section 42442.

42442. 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.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8 - Recycled Battery Programs › ARTICLE 1 - Lead-Acid Battery Program › Section 42443.

42443. 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.
(Amended by Stats. 1996, Ch. 1038, Sec. 22. Effective September 29, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8 - Recycled Battery Programs › ARTICLE 2 - Household Battery Program › Section 42450.

42450. (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.
(Added by Stats. 1990, Ch. 711, Sec. 4.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.4 - Rechargeable Battery Recycling Act of 2006 › ARTICLE 2 - Definitions › Section 42452.

42452. 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.
(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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.4 - Rechargeable Battery Recycling Act of 2006 › ARTICLE 3 - Rechargeable Battery Recycling › Section 42454.

42454. 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.
(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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.4 - Rechargeable Battery Recycling Act of 2006 › ARTICLE 4 - Annual Return Data › Section 42456.

42456. (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.
(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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.4 - Rechargeable Battery Recycling Act of 2006 › ARTICLE 5 - Repeal › Section 42457.

42457. This chapter shall become inoperative on September 30, 2026, and, as of January 1, 2027, is repealed.
(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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 1 - General Provisions › Section 42460.

42460. This act shall be known, and may be cited, as the Electronic Waste Recycling Act of 2003.
(Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 1 - General Provisions › Section 42461.

42461. The Legislature finds and declares all of the following:
(a) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of covered electronic devices, and to provide incentives to design electronic devices that are less toxic, more recyclable, and that use recycled materials.
(b) It is the further purpose of this chapter to enact a law that establishes a program that is cost free and convenient for consumers and the public to return, recycle, and ensure the safe and environmentally sound disposal of covered electronic devices.
(c) It is the intent of the Legislature that the cost associated with the handling, recycling, and disposal of covered electronic devices is the responsibility of the producers and consumers of covered electronic devices, and not local government or their service providers, state government, or taxpayers.
(d) In order to reduce the likelihood of illegal disposal of these hazardous materials, it is the intent of this chapter to ensure that any cost associated with the proper management of covered electronic devices be internalized by the producers and consumers of covered electronic devices at or before the point of purchase, and not at the point of discard.
(e) Manufacturers of covered electronic devices, in working to achieve the goals and objectives of this chapter, should have the flexibility to partner with each other and with those public sector entities and business enterprises that currently provide collection and processing services to develop and promote a safe and effective covered electronic device recycling system for California.
(f) The producers of electronic products, components, and devices should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in those products.
(g) Electronic products, components, and devices, to the greatest extent feasible, should be designed for extended life, repair, and reuse.
(h) The purpose of the Electronic Waste Recycling Act of 2003 is to provide sufficient funding for the safe, cost-free, and convenient collection and recycling of 100 percent of the covered electronic waste initially discarded in the state, to eliminate electronic waste stockpiles and legacy devices by December 31, 2007, to end the illegal disposal of covered electronic devices, to establish manufacturer responsibility for reporting to the Department of Resources Recycling and Recovery on the manufacturer’s efforts to phase out hazardous materials in electronic devices and increase the use of recycled materials, and to ensure that electronic devices sold in the state do not violate the regulations adopted by the Department of Toxic Substances Control pursuant to Section 25214.10 of the Health and Safety Code.
(Amended by Stats. 2022, Ch. 370, Sec. 4. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)