[Archives] Battery-Embedded Products Emergency Regulations

CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

Overview

The Department of Resources Recycling and Recovery (CalRecycle) promulgated emergency regulations in response to Senate Bill (SB) 1215 (Newman, Chapter 370, Statutes of 2022). These proposed regulations establish a process for Covered Electronic Waste recyclers to submit payment claims for covered battery-embedded products, add application requirements related to covered battery-embedded products, modernize the claim submission process, require manufacturers to send notices, as required, electronically to CalRecycle, and make other conforming changes and updates to existing regulations.

Affected Regulatory Code Sections

CalRecycle proposed emergency regulations to amend Title 14, California Code of Regulations (CCR), Division 7, Chapter 8.2, Sections 18660.5, 18660.6, 18660.7, 18660.10, 18660.11, 18660.12, 18660.13, 18660.14, 18660.15, 18660.16, 18660.17, 18660.18, 18660.19, 18660.21, 18660.22, 18660.30, 18660.35, 18660.36, 18660.37, 18660.38, 18660.41, and 18660.49.

Current Status

The emergency regulations were approved by OAL with an effective date of January 1, 2025. They will expire on January 1, 2027.

The Battery-Embedded Products emergency regulations were submitted to the Office of Administrative Law (OAL) on December 3, 2024, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on December 3, 2024, and ended on December 9, 2024.

Current Documents

These documents are available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Donnet McFarlane at regulations@calrecycle.ca.gov.

Input from Interested Parties

Interested parties had the opportunity to provide input during the public comment period, which commenced on December 3, 2024, when the emergency regulations were posted on OAL’s website. The public comment period closed on December 9, 2024.

History

OAL approved the emergency regulations on December 13, 2024.

On December 3, 2024, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on December 3, 2024, when the emergency regulations were posted on Office of Administrative Law’s (OAL) website. The public comment period closed on December 9, 2024.

During the public comment period, interested parties had the opportunity to submit comments.

To be considered, written comments needed to be received by OAL and CalRecycle before the close of the public comment period on December 9, 2024.

Comments on the proposed emergency regulations were submitted to OAL via email to staff@oal.ca.gov, by fax to (916) 323-6826, or by mail to:

OAL Reference Attorney
300 Capitol Mall, Suite 1250
Sacramento, California 95814

When a comment was submitted to OAL, a copy of the comment was also submitted to CalRecycle in one of the following ways:

  • CalRecycle’s public comment portal
  • or by mail to:

Donnet McFarlane
Battery-Embedded Products Emergency Rulemaking
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” Street, MS-24B
Sacramento, CA 95814

OAL confirmed that CalRecycle received a comment before considering it. The comment must have stated that it was about the emergency regulation currently under OAL review and included the topic of the emergency.

CalRecycle also considered public comments when it held two public workshops to solicit feedback from interested parties on this matter.

On August 19, 2024, CalRecycle held an in-person public workshop, and on September 18, 2024, CalRecycle held a virtual public workshop. The virtual public workshop was accessible through Zoom for direct participation. Participants that attended remotely through Zoom were able to provide verbal comments.

CalRecycle’s public comment portal was available for written comments during the informal comment period from August 19, 2024, through October 2, 2024.

Contact

For more information on the Battery-Embedded Products Emergency Regulations, please contact Donnet McFarlane at regulations@calrecycle.ca.gov.

For more information regarding the Covered Battery-Embedded Products Program, please visit the Covered Battery-Embedded Products Webpage.