(a) Except as provided in subdivision (b), the export of a mixture of plastic wastes shall not constitute diversion through recycling and shall be considered disposal for purposes of this division.
(b) Plastic waste export that is a mixture of plastic wastes shall constitute diversion through recycling and shall not be considered disposal for purposes of this division if it meets both of the following criteria:
(1) The plastic waste export is a mixture of plastic wastes consisting of polyethylene, polypropylene, or polyethylene terephthalate and the export is destined for separate recycling of each material.
(2) The plastic waste export is not prohibited by an applicable law or treaty of the country of destination and the import of the plastic waste into the country of destination will be conducted in accordance with all applicable laws and treaties of the country of destination.
(c) For purposes of this section, “export” means export out of the country. Until January 1, 2024, or the expiration of a relevant trade agreement or arrangement with Canada or Mexico, whichever is later, “export” does not include export to Canada or Mexico.