BILL NUMBER: AB 488 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2013
INTRODUCED BY Assembly Member Williams
FEBRUARY 19, 2013
An act to add Article 3 (commencing with Section 42450.1) to
Chapter 8 of Part 3 of Division 30 of the Public Resources Code,
relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 488, as amended, Williams. Recycling: household batteries.
The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
requires retailers of rechargeable batteries to have in place a
system for the acceptance and collection of rechargeable batteries.
The bill would require a producer of single-use primary household
batteries or a single-use primary household battery stewardship
organization created by one or more producers to submit a single-use
primary household battery stewardship plan to the department.
This bill would require, by January 1, 2015, a producer or a
household battery stewardship organization created by one or more
producers of a household battery to submit to the department a
household battery stewardship plan, which would be required to
include specified elements. The bill would require the department to
review a household battery stewardship plan submitted to the
department within 30 days after receipt and to approve or disapprove
the plan, as specified.
The bill would prohibit a producer, wholesaler, or retailer, on
and after April 1, 2015, from selling a household battery unless the
plan for that battery is approved by the department. The bill would
require a producer or the household battery stewardship organization
to implement the household battery program pursuant to the household
battery stewardship plan, including achieving a specified collection
rate. The bill would require each producer or household battery
stewardship organization implementing a household battery stewardship
plan to prepare and submit to the department an annual report
describing the activities carried out pursuant to the household
battery stewardship plan.
The bill would require a producer or household battery stewardship
organization submitting a household battery stewardship plan to pay
the department a plan review fee, as determined by the department,
when submitting the plan to the department and to pay an
administrative fee, as determined by the department, when submitting
the annual report. The bill would provide for the imposition of
administrative civil penalties upon a wholesaler or retailer selling
household batteries in violation of the bill. The bill would create
the Household Battery Stewardship Account in the existing Integrated
Waste Management Fund and would require that the fees be deposited
into that account and that the penalties be deposited into the
Household Battery Stewardship Penalty Subaccount that the bill would
create in that account. The bill would authorize the fees and
penalties to be expended, upon appropriation by the Legislature, to
cover the department's program implementation costs and would
authorize all funds collected or received by the department under the
program, except for the fees, to be expended as incentives to
enhance recyclability and redesign efforts and to reduce
environmental and safety impacts of batteries.
The bill would also allow a producer or organization that is
implementing an approved plan and incurring specified costs to bring
a civil action to recover costs, damages, and fees from another
producer for failure to comply with the bill's provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In early 2006, all most
household batteries were classified by the state as universal waste
and prohibited from being disposed of in solid waste landfills.
Under state law, "household batteries" means batteries made of
mercury, alkaline, carbon-zinc, and 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 radios, television sets, meters, toys,
and clocks, but excluding lead-acid batteries, batteries that are
sold in a "covered electronic device," as defined in Section 42463 of
the Public Resources Code, and batteries that are not easily
removable or are not intended or designed to be removed from the
products, other than by the manufacturer.
(b) Effective July 1, 2006, state law prohibits most retailers
from selling rechargeable batteries in the state unless they have a
system in place for collecting used rechargeable batteries from
consumers.
(c) Rechargeable battery producers are subject to a mandatory
take-back system pursuant to Section 42453 of the Public Resources
Code, and the Department of Resources Recycling and Recovery is
required to annually report on the estimated amount of rechargeable
batteries recycled in the state the previous calendar year.
(d)
( c) Approximately 80 percent of batteries
sold in this state are alkaline batteries and are not covered under
the retail take-back requirements specified in subdivision
(c) .
(e)
( d) Local governments throughout the state
are responsible for the collection and management of household
batteries, and to manage this hazardous waste, these local
governments and taxpayers pay a range of between eight hundred
dollars ($800) per ton to two thousand seven hundred dollars ($2,700)
per ton, or tens of millions of dollars each year.
(f)
( e) Because other types of recycling
programs have proven to have limited success, state and regional
governments in Europe and Canada have adopted producer responsibility
programs to redirect the responsibility for the end-of-life
management of discarded hazardous and hard-to-manage products from
local governments and retailers primarily to producers.
(g)
( f) After many public hearings and
discussions, the former California Integrated Waste Management Board
adopted an overall Framework for an Extended Producer Responsibility
(EPR) guidance document as a policy priority in January 2008.
(h)
( g) The program established by Article 3
(commencing with Section 42450.1) of Chapter 8 of Part 3 of Division
30 of the Public Resources Code, by Section 2 of this act, is
intended to reduce costs to local government, to harmonize the state'
s producer responsibility obligations with other national and
international programs, and to enhance the protection of public
health and environment through safer product design,
the use, reuse, and end-of-life management
of those household batteries .
(h) The plan review fee and the administrative fee imposed
pursuant to Section 42450.10 of the Public Resources Code are
regulatory fees within the meaning of paragraph (3) of subdivision
(b) of Section 3 of Article XIII A of the California Constitution, as
the fees are imposed solely for the purpose of recovering the
reasonable regulatory costs to the Department of Resources Recycling
and Recovery incident to investigating, inspecting, and auditing the
fee payer, and the enforcement costs thereof, and with respect to
reviewing the household battery stewardship plan, and the annual
reports and enforcing Article 3 (commencing with Section 42450.1) of
Chapter 8 of Part 3 of Division 30 of the Public Resources Code.
SEC. 2. Article 3 (commencing with Section 42450.1) is added to
Chapter 8 of Part 3 of Division 30 of the Public Resources Code, to
read:
Article 3. Product Stewardship for Single-Use
Household Batteries
42450.1. For purposes of this article, and unless the context
otherwise requires, the definitions in this section govern the
construction of this article.
(a) "Single-use primary household battery" means a household
battery, as defined in subdivision (c) of Section 42450, that is a
primary battery.
(b) "Primary battery" means an electric cell that generates an
electromotive force by the direct and usually irreversible conversion
of chemical energy into electrical energy and that cannot be
recharged efficiently by an electric current.
(c) "Single-use primary household battery stewardship organization"
means a nonprofit organization created by the one or more producers
to implement the single-use primary household battery stewardship
program.
42450.2. On or before January 1, 2015, a producer of single-use
primary household batteries or a single-use primary household battery
stewardship organization shall submit a household battery
stewardship plan to the department.
42450.1. For purposes of this article, and unless the context
otherwise requires, the definitions in this article govern the
construction of this article.
(a) "Baseline of the number of household batteries collected by
all producers subject to the plan" means a number calculated by
weight based on the percentage of household batteries that are
collected during a calendar year, as compared to the average number
of household batteries that were annually sold in the state by those
producers during the previous three calendar years.
(b) "Brand" means a name, symbol, word, or traceable mark that
identifies a household battery, rather than its components, and
attributes the household battery to the owner or licensee of the
brand as the producer.
(c) "Collection rate" means a quantitative measure that each
program is required to collect by an established date. The collection
rate shall be calculated by weight and shall distinguish between
nonrechargeable household batteries and rechargeable household
batteries, but not by the individual producer of each battery.
(d) "Discarded household battery" means a household battery that
has been discarded, as defined in subdivision (b) of Section 25124 of
the Health and Safety Code.
(e) "Distributor" means an entity that sells, offers for sale, or
makes available for sale in the state one or more unused household
batteries or one or more unused products incorporating or packaged
with a household battery and is not the brand owner of the unused
household batteries or unused products incorporating or packaged with
one or more household batteries.
(f) (1) "Household battery" has the same meaning as defined in
subdivision (c) of Section 42450, but shall not include any of the
following:
(A) A battery that is sold in a covered electronic device, as
defined in Section 42463.
(B) A battery that is not easily removable or is not intended or
designed to be removed from the product, other than by the
manufacturer.
(2) "Household battery" includes both rechargeable and
nonrechargeable household batteries.
(g) "Household battery stewardship organization" or "organization"
means an organization appointed by one or more producers pursuant to
paragraph (1) of subdivision (b) of Section 42450.2 to act as an
agent on behalf of the producer to design, submit, and administer a
household battery stewardship plan pursuant to this article.
(h) "Household battery stewardship plan" or "plan" means a plan
submitted to the department pursuant to Section 42450.2 by an
individual producer or a household battery stewardship organization.
(i) "Recycling" means the process of collecting and preparing
recyclable materials and reusing the materials in their original form
or using them in manufacturing processes that do not cause the
destruction of recyclable materials in a manner that precludes
further use.
(j) "Nonrechargeable battery" means a battery weighing 2 kilograms
or less that is not designed to be electrically recharged. A
nonrechargeable battery includes, but is not limited to, alkaline
manganese, carbon zinc, lithium, silver oxide, and zinc air
batteries.
(k) "Producer" shall be determined, with regard to a household
battery that is sold, offered for sale, or distributed in the state,
as meaning one of the following:
(1) The person who manufactures the household battery and who
sells, offers for sale, or is the distributor of, that household
battery in the state under that person's own name or brand.
(2) If there is no person who sells, offers for sale, or is the
distributor of, the household battery in the state under the person's
own name or brand, the producer of the household battery is the
owner or licensee of a trademark or brand under which the household
battery is sold or distributed in the state, whether or not the
trademark is registered.
(3) If there is no person who is a producer of the household
battery for purposes of paragraphs (1) and (2), the producer of that
household battery is the person who imports the household battery
into the state for sale or distribution.
(l) "Product stewardship" means requiring the producer of a
household battery, and all other entities involved in the
distribution chain of a household battery, to share in the collection
and recycling of the household battery.
(m) "Program" means the system for the collection, transportation,
recycling, and disposal of household batteries implemented pursuant
to an approved household battery stewardship plan.
(n) "Reporting period" means the period commencing January 1 and
ending on December 31 of the same calendar year.
(o) "Retailer" means a person that offers new household batteries
in a retail sale, as defined in Section 6007 of the Revenue and
Taxation Code, including a retail sale at retail through any means,
including remote offerings such as sales outlets, catalogs, or an
Internet Web site.
(p) "Sell" or "sales" means any transfer of title of a household
battery for consideration, including a remote sale conducted through
a sale outlet, catalog, or Internet Web site or similar electronic
means, but does not include a lease.
(q) "Wholesaler" means a person that offers new household
batteries for sale in this state in a sale that is not a retail sale,
as defined in Section 6007 of the Revenue and Taxation Code, and for
which the household battery is intended to be resold.
42450.2. (a) On or before January 1, 2015, each producer or the
household battery stewardship organization for one or more producers
of household batteries shall submit a household battery stewardship
plan to the department.
(b) (1) If one or more producers appoint a household battery
stewardship organization to act as an agent on behalf of one or more
of those producers, the organization may include producers, and shall
also include, at minimum, one voting member from each of the
following organizations, with priority given to those based in
California:
(A) Retailers.
(B) Local governments.
(C) Public representatives.
(D) Haulers.
(E) Recyclers.
(2) If the household battery stewardship organization is unable to
recruit members from the organizations identified in paragraph (1),
the stewardship organization shall provide an explanation to the
department in the plan submitted pursuant to this section or the
annual report required by Section 42450.9.
(c) (1) Except as provided in paragraph (2), before submitting the
household battery stewardship plan to the department, the producer,
group of producers, or household battery stewardship organization
shall consult with stakeholders, including retailers, collectors,
recyclers, local government, and customers, during the development of
the household battery stewardship plan, and shall solicit
stakeholder comments and respond to stakeholder comments.
(2) If stakeholder involvement is not feasible, the producer,
group of producers, or household battery stewardship organization
shall provide an explanation to the department in the plan submitted
pursuant to this section or the annual report required by Section
42450.9.
(d) Each household battery stewardship plan shall include, at a
minimum, all of the following elements:
(1) Contact information for all participating producers.
(2) The collection rate for the household batteries subject to the
plan in the following manner, except as provided in Section 42450.3:
(A) A baseline of the number of household batteries collected by
all producers subject to the plan, which shall be calculated by
weight based on the percentage of household batteries collected
during the previous calendar year, as compared to the average number
of household batteries that were sold in the state during the
previous three calendar years by all producers that are subject to
the plan.
(B) If a producer subject to the plan previously collected data to
establish a baseline number of household batteries, that baseline
number may be used to fulfill the requirement in subparagraph (A), if
the data is no more than three years old and the producer submits
the data collected and methodology used to calculate that number to
the department in the plan.
(C) The program shall achieve an increase in the household battery
collection rate of 25 percent, starting at the baseline rate
calculated pursuant to subparagraph (A) or (B), for the 2019 calendar
year.
(3) A description of the brands of the household batteries covered
by the plan and the baseline of household batteries collected during
the previous calendar year, as determined pursuant to subparagraph
(A) of paragraph (2).
(4) The number and type of convenient collection opportunities
provided free of charge for consumers in all counties of the state,
the methods by which the discarded household batteries will be
collected in all areas in the state, and an explanation of how the
collection system will be convenient and adequate to serve the
ongoing needs of small businesses and consumers in both urban and
rural areas.
(5) A description of the method that will be used to recycle the
discarded household batteries to ensure that the components of the
discarded household batteries, to the extent feasible, are
transformed or remanufactured into finished batteries for use.
(6) Roles and responsibilities of key participants in the
household battery distribution chain.
(7) The outreach procedures that will be used to provide notice of
the program to employers, local agencies, retailers, wholesalers,
and waste haulers.
(8) The manner in which existing household battery collection
points and other programs can be identified and maximized to achieve
the required collection rates.
(9) The methods of disposing the household batteries collected
pursuant to the plan.
(10) (A) The financing method selected to sustainably fund the
implementation of the plan for achieving the identified collection
rates described in the plan.
(B) The financing method shall not include a separate and distinct
fee at the point of purchase.
(11) The planned educational activities to maximize collection
rates, including, but not limited to, the use of social media,
billboards, print, and radio, and information provided at the point
of sale.
(e) The producer or household battery stewardship organization may
elect to include provisions in the plan for the implementation of
the program in conjunction with those cities, counties, districts,
and regional agencies, in whose jurisdictions the program will be
implemented. If the producer or household battery stewardship
organization makes this election, the producer or household battery
stewardship organization shall provide one or more of the following
to cities, counties, districts, and regional agencies participating
in the stewardship program:
(1) Reasonable reimbursement for the mutually agreed upon cost per
pound of collected household batteries.
(2) The location, hours, and contact information for the
convenient collection points for discarded household batteries that
are located within the county where the local agency is located and
that are consistent with the plan.
(3) Products for setting up a collection point within that local
agency and providing for the pickup of household batteries collected,
including, but not limited to, arranging for the disposal of those
household batteries.
42450.3. A producer or household battery stewardship organization
may petition the department for an adjustment to the collection rate
specified in the plan. The department may grant an adjustment to the
collection rate only if the department determines there are
documented exigent circumstances that are beyond the control of the
producer or household battery stewardship organization.
42450.4. (a) On or before 30 days after the date a plan is
received pursuant to Section 42450.2, the department shall review the
plan to determine whether each plan element has been addressed in
the plan and the plan adequately addresses stakeholder comments and
oversight concerns. If the department does not approve the plan, the
department shall notify the producer or organization that submitted
the plan which elements were not adequately addressed, and the
producer or organization shall revise and resubmit the plan within 45
days after receiving the notification. If the department approves
the plan, the department shall, within 45 days after receipt, notify
the producer or organization that the submitted plan is approved.
(b) The department shall make all household battery stewardship
plans submitted to the department pursuant to Section 42450.2
available to the public on the department's Internet Web site.
(c) A producer or organization shall notify the department 30 days
before instituting a significant or material change to an approved
household battery stewardship plan.
(d) On or before September 1, 2015, and on or before September 1
annually thereafter, the department shall post on its Internet Web
site a listing of the brands of household batteries for which the
producer is in compliance with this article and for which the
household battery stewardship plan is in compliance with this
article, as specified in Section 42450.7.
42450.5. On and after, April 1, 2015, a producer, wholesaler, or
retailer shall not offer a household battery for sale in this state
or offer a household battery for promotional purposes in this state
unless the plan submitted by the producer or household battery
stewardship organization of that household battery has been approved
by the department pursuant to Section 42450.4.
42450.6. Upon receiving notification from the department pursuant
to Section 42450.4 that a plan is approved, the producer or the
household battery stewardship organization shall do all of the
following:
(a) Implement the plan, including, but not limited to, achieving
the collection rate specified in the plan.
(b) Pay the administrative fees imposed pursuant to subdivision
(b) of Section 42450.10.
(c) Submit the annual report required by Section 42450.9.
(d) (1) If a producer or household battery stewardship
organization elects to implement the plan in conjunction with cities,
counties, districts, and regional agencies pursuant to subdivision
(e) of Section 42450.2, the producer or organization shall take the
actions specified in subdivision (e) of Section 42450.2.
(2) A local agency that elects to participate in the program shall
separate from any other materials the household batteries made
available for collection by the producer or household battery
stewardship organization.
42450.7. A household battery stewardship program shall be
considered in compliance with this article if it achieves the
collection rate for household batteries covered by the plan, as
required by paragraph (2) of subdivision (d) of Section 42450.2.
42450.8. (a) A wholesaler or a retailer that distributes or sells
household batteries shall monitor the department's Internet Web site
to determine if the sale of a producer's household batteries is not
prohibited by Section 42450.5.
(b) A retailer shall have 90 days from the date a noncompliant
brand is posted on the department's Internet Web site to sell the
remaining stock of those noncompliant household batteries or to
remove the product from sale. An enforcement action shall not be
taken against a retailer pursuant to this article with regard to that
noncompliant brand until after that 90-day period has expired.
42450.9. (a) On or before April 1, 2015, and every subsequent
year thereafter, each producer or household battery stewardship
organization implementing a plan shall prepare and submit to the
department an annual report describing the activities carried out
pursuant to the plan during the previous calendar year. The annual
report shall include, but is not limited to, all of the following
elements:
(1) The weight of household batteries collected by the program in
the prior year and the collection rate achieved in the prior year.
(2) A report of the estimated total sales data by weight for
household batteries sold in the state for the previous three calendar
years.
(3) A report on the feedback from a stakeholders' meeting, hosted
by producers, that was made available through telecommunication,
prior to submittal of the annual report.
(4) Independently audited financial statements that detail the
financing of the plan.
(5) Locations, hours, and contact information for all collection
points set up by the producers covered by the plan.
(6) Examples and description of educational materials used to
increase collection.
(7) The manner in which the collected household batteries were
disposed of and recycled.
(b) The department shall review an annual report by doing all of
the following:
(1) For the 2019 calendar year, if the report is submitted for
that year, and or for each year thereafter, the department shall
certify that the collection points listed in the annual report are
located in every county and serve the ongoing needs of small
businesses and consumers in both urban and rural areas, as specified
in paragraph (4) of subdivision (d) of Section 42450.2.
(2) Review sales and collection data provided for the state to
verify collection rates.
(3) Verify that all annual report elements specified in
subdivision (a) have been addressed in the report.
(c) If the department does not act on a report within 45 days of
receipt, the report shall be deemed to be approved.
(d) The department shall make all reports submitted to the
department pursuant to this section available to the public on the
department's Internet Web site.
(e) If the collection rate for the household batteries subject to
the plan meets the collection rate specified in subparagraph (C) of
paragraph (2) of subdivision (d) of Section 42450.2, the report shall
be submitted once every two years.
42450.10. (a) (1) A producer or household battery stewardship
organization that submits a household battery stewardship plan to the
department shall pay a plan review fee to the department pursuant to
this subdivision.
(2) The department shall set the plan review fee at an amount so
that the total amount of plan review fees received by the department
is no more than necessary to cover the reasonable costs of reviewing
and enforcing the plan. The department
may establish a variable plan review fee based on
relevant factors, including, but not limited to, the proportion of
household batteries produced by the feepayer as compared to the total
amount of batteries produced by all producers or household battery
stewardship organizations submitting a household battery stewardship
plan. The department shall establish the fee so that the manner in
which the fee is allocated bears a fair and reasonable relationship
to the department's costs in reviewing a plan.
(3) The fee shall be due to the department upon submittal of the
plan.
(b) (1) A producer or household battery stewardship organization
required to submit an annual report pursuant to this article shall
pay an annual administrative fee to the department pursuant to this
subdivision.
(2) The department shall set the annual administrative fee in an
amount that is no more than necessary to cover the reasonable costs
of reviewing annual reports and enforcing this article. The
department may establish a variable annual administrative fee based
on relevant factors, including, but not limited to, the proportion of
household batteries produced by the feepayer, as compared to the
total amount of household batteries produced by all producers or
household battery stewardship organizations submitting an annual
report, and whether the producer is submitting a plan every two years
as specified in subdivision (e) of Section 42450.9. The department
shall establish the fee so that the manner in which the fee is
allocated bears a fair and reasonable relationship to the department'
s costs in reviewing the annual reports and enforcing this article.
(3) The fee shall be due to the department upon submittal of the
annual report.
(c) The total amount of fees collected pursuant to this section
shall not exceed the amount necessary to recover costs incurred by
the department in connection with the administration and enforcement
of the requirements of this article.
42450.11. (a) The Household Battery Stewardship Account and the
Household Battery Stewardship Penalty Subaccount are hereby
established in the Integrated Waste Management Fund.
(b) All fees collected pursuant to this article shall be deposited
in the Household Battery Stewardship Account and may be expended by
the department, upon appropriation by the Legislature, to cover the
department's costs to implement this article.
(c) All penalties collected pursuant to this article shall be
deposited in the Household Battery Stewardship Penalty Subaccount and
may be expended by the department, upon appropriation by the
Legislature, to cover the department's costs to implement this
article.
(d) All funds that are collected or received by the department
pursuant to this article, other than the fees specified in
subdivision (b), may be expended as incentives to enhance reuse,
recyclability, and redesign efforts and to reduce environmental and
safety impacts of household batteries.
42450.13. (a) The department may impose an administrative civil
penalty not to exceed one thousand dollars ($1,000) per day against a
wholesaler or retailer that violates Section 42450.5.
(b) A wholesaler or retailer that removes from sale any household
battery within 90 days of discovery that it is not in compliance with
this article shall not be deemed to be in violation of Section
42450.5.
(c) Prior to enforcing any penalty pursuant to this section, the
department shall issue a compliance order to the wholesaler or
retailer selling the household battery that allows 30 days from the
date of the compliance order to cease sales of the household battery.
42450.14. (a) A producer or organization that implements a plan
in compliance with this article and incurs costs in excess of five
thousand dollars ($5,000) in collecting, handling, recycling, or
properly disposing of household batteries sold or offered for sale in
the state, may bring a civil action to recover costs, damages, and
fees, as specified in subdivision (c), from another producer for
failure to comply with this article, if that producer can be
identified from a brand or marking on a discarded household battery
or from other information.
(b) An action under this section may be brought against one or
more producers who are not in compliance with this article, except an
action shall not be commenced under either of the following
circumstances:
(1) No earlier than 60 days after a written notice of the
organization's or producer's intention to file an action has been
provided to the department and to the producer who is alleged to be
noncompliant.
(2) If the department has commenced an enforcement action against
the producer who is alleged to be noncompliant and is diligently
pursuing that action.
(c) In an action under this section, the plaintiff may recover
from a producer who has been found to be noncompliant all of the
following:
(1) The costs the plaintiff incurred in collecting, handling,
recycling, or properly disposing of household batteries reasonably
identified as having originated from the noncompliant producer.
(2) An amount of damages equal to no more than three times those
costs specified in paragraph (1).
(3) The plaintiff's attorney's fees and costs of bringing the
action.
(d) An action to recover the costs specified in this section may
be brought in any court in the state, without regard to the amount in
dispute.
(e) An action to recover the costs specified in this section may
be brought in any court in the state, without regard to the amount in
dispute.
42450.16. This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the Department of Toxic
Substances Control under Section 25257.1 of the Health and Safety
Code to fully implement Article 14 (commencing with Section 25251) of
Chapter 6.5 of Division 20 of the Health and Safety Code, including
the authority of the department to include household batteries in its
household battery registry.
42450.17. (a) Except as provided in subdivision (b), an action
taken to increase the recycling of household batteries pursuant to
this article by a producer or household battery stewardship
organization that affects the types or quantities being recycled or
the cost and structure of any return program is not a violation of
either the Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), or the
Unfair Practices Act (Chapter 4 (commencing with Section 17000), of
Part 2 of Division 7 of the Business and Professions Code).
(b) Subdivision (a) shall not apply to any agreement establishing
or affecting the price of household batteries or the output or
production of household batteries, or any agreement restricting the
geographic area in which, or customers to whom, household batteries
will be sold.