SB 1215 Covered Battery-Embedded Products Emergency Regulations

The Electronic Waste Recycling Act of 2003 (“the Act”) (Public Resources Code (PRC), Section 42460, et seq.) established a program to finance the end-of-life management of certain electronic devices (i.e., video display devices). In 2022, Senate Bill (SB) 1215 amended the Act to add battery-embedded products to the types of covered electronic devices eligible for payment in California’s Covered Electronic Waste (CEW) Recycling Program (Program). The Program is funded by a covered battery-embedded waste recycling fee paid by consumers at the point of retail sale for new or refurbished covered battery-embedded products. Pursuant to PRC Section 42478(b)(2), CalRecycle shall begin accepting payment claims for battery-embedded CEW collected on or after January 1, 2026. CalRecycle is proposing emergency regulations in response to SB 1215 that would clarify the statutory definition of “covered battery-embedded product,” and establish requirements for battery-embedded covered electronic waste (CEW) recycling payment claims, including specifying an approved cancellation method for dismantling battery-embedded CEW. The proposed regulations would also update procedures within the CEW Recycling Program, including net cost reporting requirements and establish reinstatement procedures, reconsideration procedures, and payment claim review procedures. In addition, the proposed regulations would describe reporting and notification requirements for manufacturers of covered battery-embedded products, among other conforming editorial and clarifying changes for the state to successfully implement California’s CEW Recycling Program (Program). Finally, the proposed regulations repeal existing regulations allowing manufacturers of video display devices to register and submit manufacturer payment claims if they choose to take back covered electronic devices from consumers for purposes of recycling those devices at a processing facility as no manufacturer has done this in the Program’s history.