Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2018
 

Lead-Acid Battery Recycling Fee

Health and Safety Code

CHAPTER 6.5 HAZARDOUS WASTE CONTROL

ARTICLE 10.5. THE LEAD-ACID BATTERY RECYCLING ACT OF 2016

Section 25215.56

25215.56. Manufacturer battery fee credit. (a) Any manufacturer battery fees paid remitted pursuant to this article shall be credited against amounts owed by the manufacturer to the state pursuant to a judgment or determination of liability under Chapter 6.8 (commencing with Section 25300) or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility. A manufacturer shall not seek more than one credit for the same fee amount. This subdivision does not apply to any manufacturer who is also an owner or operator of a lead-acid battery recycling facility in California.

(b) The amount paid by a manufacturer for a manufacturer battery fee shall be considered to reduce the manufacturer’s share of liability in the allocation or apportionment of costs among potentially responsible parties in a contribution action brought by a private party related to a release of hazardous substances from a lead-acid battery recycling facility. This subdivision does not apply to any manufacturer who is also an owner or operator or a former owner or operator of a lead-acid battery recycling facility in California where a release occurred.

(c) This article does not create a private cause of action. Nothing in this article shall be construed to affect, expand, alter, or limit any requirements, duties, rights, or remedies under other law, or limit the state or any other party from bringing any cause of action that may exist under any law.

History.—Added by Stats. 2016, Ch. 666 (AB 2153), in effect September 26, 2016, but operative January 1, 2017.