§ 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.)