§ 8–771.08. Immunity from liability; confidential information.

(a) Notwithstanding the provisions of Chapter 45 of Title 28, a producer and a battery stewardship organization may negotiate, enter into agreements with, share the burdens of their operation with, and conduct business with each other in accordance with this chapter in ways that may affect competition. No producer or battery stewardship organization shall be prosecuted, held liable, or subject to penalties or damages under Chapter 45 of Title 28 for actions conducted in accordance with this chapter, including:

(1) The creation, implementation, or management of a battery stewardship organization and any battery stewardship plan regardless of whether it is submitted, denied, or approved;

(2) The cost and structure of a battery stewardship plan;

(3) The types or quantities of batteries being recycled or otherwise managed pursuant to this chapter; and

(4) The establishment, administration, or disbursement of environmental handling fees or fee schedules, if applicable, to be collected at the point-of-sale for covered batteries and covered battery-containing products.

(b) Financial, production, and sales data reported to the Mayor by a battery stewardship organization shall not be subject to disclosure under subchapter II of Chapter 5 of Title 2 or any other law or regulation; except, that the Mayor may release a summary form of the data that does not disclose individual producer information.

(Feb. 26, 2015, D.C. Law 20-154, § 135; as added Mar. 16, 2021, D.C. Law 23-211, § 2(q), 68 DCR 00068.)

Applicability

Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.

Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.

Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the creation of this section by § 2(q) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.