Current through codified legislation effective September 18, 2024
Section 8-771.08 - Immunity from liability; confidential information.(a) Notwithstanding the provisions of Chapter 45 of Title 28 of the D.C. Official Code, 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 subtitle 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 of the D.C. Official Code for actions conducted in accordance with this subtitle, 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 subtitle; 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 the Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), 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. Added by D.C. Law 23-211,§ 2, 68 DCR 003425, eff. 3/16/2021.