§ 42055. — 42055. (Added by Stats. 2022, Ch. 75, Sec. 2.)

California § 42055.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 3.: PART 3. STATE PROGRAMS
• Ch. 3.: CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act
• Art. 2.: ARTICLE 2. Producer Responsibility

Text

(a)
Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a PRO or its participants 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) shall apply to all of the following actions taken by a PRO or its participants:
(1)
The creation, implementation, or management
of a plan approved by the department pursuant to this chapter and the types or quantities of covered material managed pursuant to an approved plan.
(2)
The cost and structure of an approved plan.
(3)
The establishment, administration, collection, or disbursement of any fees associated with funding the implementation of this chapter.
(c)
Subdivision (a) shall not apply to an agreement that does any of the following:
(1)
Fixes a price of or for covered material, except for an agreement related to costs or fees associated with participation in a plan approved or conditionally approved by the department and otherwise in accordance with this chapter.
(2)
Fixes the output or production of
covered material.
(3)
Restricts the geographic area in which, or customers to whom, covered material will be sold, or where or by whom covered material may be purchased.

Legislative History

Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.