JurisdictionCaliforniaCode PRCPublic Resources Code - PRC
Div. 30.DIVISION 30. WASTE MANAGEMENT
Part 3.PART 3. STATE PROGRAMS
Ch. 7.5.CHAPTER 7.5. Responsible Battery Recycling Act of 2022
Art. 5.ARTICLE 5. Records, Audits, and Reports for Covered Batteries
A program operator shall annually submit to the department, in the form and manner, and by the date, determined by the department, an annual report, which the department shall make publicly available that includes all of the following information for the preceding calendar year:
(a)The program operator’s costs and revenues.
(b)An estimate of the quantity of covered batteries sold in or into the state by the producers covered by the program operator’s stewardship plan, as determined by the best available commercial information, potentially including the application of California population data to the national sales information and the discarded covered batteries collected for recycling through
the stewardship program.
(c)A list of the stewardship program’s collection sites, by nam
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A program operator shall annually submit to the department, in the form and manner, and by the date, determined by the department, an annual report, which the department shall make publicly available that includes all of the following information for the preceding calendar year:
(a)
The program operator’s costs and revenues.
(b)
An estimate of the quantity of covered batteries sold in or into the state by the producers covered by the program operator’s stewardship plan, as determined by the best available commercial information, potentially including the application of California population data to the national sales information and the discarded covered batteries collected for recycling through
the stewardship program.
(c)
A list of the stewardship program’s collection sites, by name, location, and type.
(d)
The total weight of primary and rechargeable batteries, respectively, that were collected.
(e)
A list of each battery recycling facility used by the stewardship program, by name and location.
(f)
An updated list of the names and corporate mailing addresses of producers, as defined in subdivision (j) of Section 42420.1 and brands of covered batteries covered under the stewardship plan.
(g)
The total weight and number of covered batteries sold in or into the state attributed to a producer, who is a registered participant of the program operator’s plan, that are collected in
the state and recycled by the program operator during the preceding calendar year, including a description of the methodology and information used to determine and calculate these values.
(h)
The recycling efficiency rate of rechargeable and primary batteries that were recycled.
(i)
Beginning January 1, 2027, a minimum recycling efficiency rate of 60 percent for rechargeable batteries and 70 percent for primary batteries shall be achieved. The weight of recovered materials from covered batteries counted towards the satisfaction of the recycling efficiency rate requirement shall be used.
(j)
A description of methods used to collect, transport, and recycle covered batteries by the program operator.
(k)
A description of outreach efforts and education,
including, but not limited to, education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries.
(l)
(1)
A report on coordination activities with other program operators, including covered battery collection and recycling programs and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense.
(2)
A description of efforts undertaken by a program operator to implement the required labeling of covered batteries pursuant to Section 42422.1.
(m)
Findings from the evaluation of the
comprehensive statewide education and outreach program required by paragraph (9) of subdivision (o) of Section 42422.1.
(n)
A description of any consultation with the California Environmental Protection Agency’s Environmental Justice Task Force and other relevant stakeholders for collecting covered batteries for recycling in areas and communities that face unique challenges.
(o)
A demonstration of actions taken by the program operator to comply with the requirements established pursuant to Section 42422.1.
(p)
(1)
A report on activities the program operator has undertaken in relation to all of the following:
(A)
Meeting the requirements established pursuant to Section 42422.1.
(B)
Making progress on meeting the requirements established pursuant to Section 42422.1.
(C)
Making progress on planned efforts to meet the requirements established pursuant to Section 42422.1.
(2)
Factors to be considered for purposes of paragraph (1) may include, but are not limited to, availability of takeback options and no-cost local curbside collections services, proximity to recyclers and no-cost collection points and events, and the state of current recycling technology.
(q)
A report on activities the program operator has undertaken to prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability.
(r)
If the program operator determines during a
particular year that any of the activities undertaken to implement subdivision (q) were unsuccessful, the program operator shall identify the problems with the current activities, make modifications pursuant to the requirement in Section 42422.3, and report on other activities undertaken and progress made, in the following year’s annual report.
(s)
An electronic copy in the form and manner determined by the department, and specified in the regulations adopted by the department pursuant to Section 42420.2 of any annual report, which shall include a brief explanation of how the program operator anticipates the activities may benefit the stewardship program. The program operator shall make these reports publicly available free of charge. If the report contains trade secret, proprietary, or confidential information protected under existing law, the program operator shall provide the department the report marked as trade secret, proprietary,
confidential, and aversion of the report with that information redacted, and post the redacted report on its internet website.
(t)
The progress toward attaining the goals included in the program operator’s stewardship plan.
(u)
Any modifications or revisions to the stewardship plan, including those required pursuant to Section 42422.3, which are subject to review under Section 42422.5, intended to achieve the requirements established pursuant to Section 42422.1.
(v)
Any other information deemed relevant by the program operator for the department to determine compliance with the approved stewardship plan.