CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.
Overview
On December 11, 2025, the Office of Administrative Law (OAL) approved the SB 1215 Covered Battery-Embedded Products emergency regulations. The regulations became effective on December 11, 2025, and will expire on December 12, 2027.
The Department of Resources Recycling and Recovery (CalRecycle) proposed emergency regulations in response to Senate Bill (SB)1215 (Newman, Chapter 370, Statutes of 2022). The proposed regulations clarify the SB 1215 statutory definition of “covered battery-embedded product” and include the following:
- Approved cancellation method for dismantling battery-embedded covered electronic waste (CEW);
- Requirements for battery-embedded CEW recycling payment claims;
- Reporting and notification requirements for manufacturers of covered battery-embedded products;
- Necessary revisions for CalRecycle to successfully implement California’s CEW Recycling Program, including updates to CEW Recycling Program procedures, such as net cost reporting requirements, and establishing reinstatement procedures and payment claim review procedures.
The proposed regulations also repeal requirements in Article 2.5 pertaining to manufacturer payments.
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, 18660.8, 18660.9, 18660.10, 18660.16, 18660.17, 18660.19, 18660.20, 18660.21, 18660.22, 18660.24, 18660.25, 18660.30, 18660.31, 18660.32, 18660.34, 18660.41, and 18660.49.
CalRecycle also proposed emergency regulations to adopt Title 14, CCR, Division 7, Chapter 8.2, sections 18660.26, 18660.41.1, and 18660.41.5.
CalRecycle also proposed to repeal sections 18660.35, 18660.36, 18660.37, 18660.38 and 18660.39, CCR, Title 14.
Current Status
The emergency regulations were approved by OAL and became effective on December 11, 2025. They will expire on December 12, 2027.
The SB 1215 Covered Battery-Embedded Products emergency regulations were submitted to OAL on December 01, 2025, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on December 01, 2025, and ended on December 08, 2025.
Current Documents
- Office of Administrative Law Approval Document. The Office of Administrative Law’s official approval of the emergency regulations. This document is 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.
- Office of Administrative Law Approved Regulation Text. An accessible version of the final regulation text as approved by the Office of Administrative Law.
- Emergency Rulemaking Action. The notice of proposed adoption, amendment, or repeal of regulations, and Finding of Emergency.
- Proposed Regulation Text. The express language that shows any proposed adoption, amendment, or deletion of text in the regulations.
- Economic and Fiscal Impact Statement (STD 399) and STD 399 Supplemental Information. Copy of the Economic and Fiscal Impact Statement form and supporting documentation.
- Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations.
- Other Material in Rulemaking File.
- Attachment 5: Evidence of collaboration with the Department of Toxic Substances Control – Email dated August 13, 2025.
All rulemaking documents listed on this webpage are either available by submitting a Public Records Act request online on the California Public Records Act Requests webpage, or by emailing Regulations@calrecycle.ca.gov. These documents are also 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 01, 2025, when the emergency regulations were posted on OAL’s website. The public comment period closed on December 08, 2025.
History
On December 01, 2025, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on December 01, 2025, when the emergency regulations were posted on OAL’s website. The public comment period closed on December 08, 2025.
During the public comment period, interested parties could submit comments in the following way:
Written comments were sent to OAL and CalRecycle and received before the close of the public comment period on December 08, 2025.
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
SB 1215 Covered Batter-Embedded Products Emergency Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” Street, MS-24B
Sacramento, CA 95814
OAL confirmed that CalRecycle received the 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 regulations.
On July 22, 2025, CalRecycle released draft proposed regulations that are necessary to implement, make specific, and clarify SB 1215 for public feedback. The informal comment period ended on August 1, 2025.
On May 28, 2025, CalRecycle hosted an informal public workshop to gather feedback on proposed regulatory language for implementing SB 1215, along with other updates to the CEW Recycling Program.
At that workshop, CalRecycle also presented proposed regulations to implement a covered battery-embedded waste recycling fee, pursuant to PRC section 42464(b)(3). For more information on that emergency rulemaking package, please visit the Covered Battery-Embedded Waste Recycling Fee Emergency Regulations page.
Contact
For more information on the SB1215 Covered Battery-Embedded Products Emergency Regulations, please contact Donnet McFarlane at Regulations@calrecycle.ca.gov.
Subscribe to the Proposed Regulations Listserv to receive emails regarding rulemaking developments.
For more information regarding the Covered Battery-Embedded Products Program, please visit the SB 1215 Covered Battery-Embedded Products page.
Subscribe to the E-Waste listserv to receive emails regarding this program.