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Overview
On September 27, 2023, the Office of Administrative Law (OAL) approved emergency regulations governing the covered electronic waste (CEW) recycling fee.
The Electronic Waste Recycling Act of 2003 (Public Resources Code Section 42460, et seq.) established a financing mechanism intended to develop an infrastructure to provide convenient recycling opportunities and reduce the inappropriate disposal of certain electronic products discarded in California. This financing mechanism is funded by a CEW recycling fee that is assessed on consumers at the time of retail purchase of a new covered electronic device (CED).
Pursuant to Public Resources Code Section 42464(g), no more frequently than annually, and no less frequently than biennially, the Department of Resources Recycling and Recovery (CalRecycle) has the responsibility to assess the adequacy of the CEW recycling fee to generate sufficient revenues to fund the operation and administration of the CEW Recycling Program.
CalRecycle must determine by the statutory date of August 1, 2023, whether any fee adjustments are necessary. Any adjustments made to the fee levels will take effect on January 1, 2024.
The emergency regulations maintained and adopted the CEW recycling fee at the current rates in each size category:
- Four dollars ($4) for each CED with a screen size greater than 4 inches but less than 15 inches measured diagonally.
- Five dollars ($5) for each CED with a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally.
- Six dollars ($6) for each CED with a screen size greater than or equal to 35 inches measured diagonally.
Affected Regulatory Code Section
California Code of Regulations, Title 14, Division 7, Chapter 8.2, Article 2.6, Section 18660.40.
Current Status and Documents
OAL approved the emergency regulations governing the CEW recycling fee on September 27, 2023.
The CEW Recycling Program’s current regulations, statutes, and historical documents can be found on the CEW Recycling Program page.
Input from Interested Parties
Interested parties had the opportunity to provide input in response to past listserv notices as well as during the June 20, 2023 CalRecycle Public Meeting.
History
On September 19, 2023, CalRecycle initiated a 5-day written comment period for the proposed emergency regulations. The public comment period commenced on September 19, 2023, when the emergency regulations were posted on OAL’s website. The public comment period closed on September 25, 2023.
OAL approved the emergency regulations governing the CEW recycling fee on September 27, 2023.
Contact
For more information on the Covered Electronic Waste Recycling Fee rulemaking, please contact Csilla Richmond at regulations@calrecycle.ca.gov.
For more information regarding the Covered Electronic Waste Recycling Program, please visit the Electronic Waste Management Homepage. Subscribe to the E-Waste Listserv to receive email notifications regarding future electronic waste rulemaking developments.
For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov