On September 16, 2025, CalRecycle established the Covered Battery-Embedded Waste Recycling Fee pursuant to the Electronic Waste Recycling Act of 2003 (Act) (Public Resources Code (PRC) Section 42460, et seq.).
In 2022, Senate Bill (SB) 1215 (Newman, Chapter 370, Statutes of 2022) amended and expanded the scope of the Act by adding covered battery-embedded products (CBEPs) to the types of covered electronic devices (CEDs) eligible for recovery and recycling payments in California’s Covered Electronic Waste Recycling Program. SB 1215 requires that, on and after January 1, 2026, the covered battery-embedded waste recycling fee must be charged at the point of retail purchase of a new or refurbished CBEP. (PRC Section 42464(b)(1)).
Pursuant to PRC Section 42464(b)(3), on or before October 1, 2025, and on or before October 1 each year thereafter, CalRecycle is required to establish a CEW recycling fee for CBEPs based on the reasonable regulatory costs to administer CEW recycling. The CEW recycling fee for CBEPs is referred to as the “covered battery-embedded waste recycling fee.” Beginning August 1, 2028, CalRecycle, in collaboration with the Department of Toxic Substances Control (DTSC), may establish more than one covered battery-embedded waste recycling fee based on categories of CBEPs. (PRC Section 42464(b)(2)).
CalRecycle staff presented the Request for Approval (RFA) to Establish the Proposed Covered Battery-Embedded Waste Recycling Fee on September 16, 2025, at CalRecycle’s September Monthly Public Meeting. The RFA was approved and signed by Director Heller on September 16, 2025, thereby establishing the Covered Battery-Embedded Waste Recycling Fee as follows:
On or after January 1, 2026, the Covered Battery-Embedded Waste Recycling Fee is 1.5 percent of the retail sales price for each covered battery-embedded product sold for use in this state by a retailer. The covered battery-embedded waste recycling fee shall not exceed $15.00. “Retail sales price” shall have the same meaning as “sales price” set forth in Section 6011 of the Revenue and Taxation Code.
CalRecycle made an update to the proposed fee by setting a cap of $15 after the SB 1215 emergency rulemaking workshop held on May 28, 2025. By establishing this cap, any covered battery-embedded product that has a retail sales price equal to or greater than $1,000 shall have a covered battery-embedded waste recycling fee of $15. For additional information, please see the attached RFA.
CalRecycle will file the fee rulemaking package with the Office of Administrative Law in Fall 2025. Interested parties may submit comments during the five-day comment period when the emergency regulations are filed with the Office of Administrative Law. CalRecycle will send a notice out via this E-Waste Listserv prior to the beginning of the 5-day comment period.
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