§ 42426. — 42426. (Added by Stats. 2022, Ch. 351, Sec. 1.)

(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.

Legislative History

Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.