[Archives] Covered Battery-Embedded Waste Recycling Fee Emergency Regulations

Overview

On September 24, 2026, the Office of Administrative Law (OAL) approved the 2027 Covered Battery-Embedded Waste Recycling Fee Emergency Regulations. The regulations become effective on January 1, 2027, and expire on January 2, 2029.

The Department of Resources Recycling and Recovery (CalRecycle) proposed emergency regulations pursuant to Public Resources Code (PRC) section 42475.2. PRC section 42464(b)(3) requires CalRecycle to establish a covered battery-embedded waste recycling fee based on the reasonable regulatory costs to administer covered electronic waste (CEW) recycling.

Affected Regulatory Code Sections

CalRecycle proposed emergency regulations to amend Title 14, California Code of Regulations (CCR), Division 7, Chapter 8.2, section 18660.40.

Current Status

The emergency regulations were approved by OAL effective January 1, 2027.

The Covered Battery-Embedded Waste Recycling Fee Emergency Regulations were submitted to OAL on September 17, 2026, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on September 17, 2026, and ended on September 22, 2026.

Current Documents

All rulemaking documents listed on this webpage are either available by submitting a PRA request online on the California Public Records Act Request 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 Melissa Dubina 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 September 17, 2026, when the emergency regulations were posted on OAL’s website. The public comment period closed on September 22, 2026.

History

On June 17, 2026, CalRecycle hosted an informal public workshop to gather feedback on the proposed covered battery-embedded waste recycling fee to take effect on January 1, 2027.

At the workshop, CalRecycle presented its recommendation to lower the maximum fee cap from $15 while maintaining the fee at 1.5% of the retail sales price. The informal comment period ended on June 25, 2026.

On July 17, 2026, CalRecycle announced the proposed fee of 1.5% with a $1 maximum cap that will take effect January 1, 2027. An additional informal comment period was provided, which ended on July 24, 2026.

On September 17, 2026, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on September 17, 2026, when the emergency regulations were posted on OAL’s website. The public comment period closed on September 22, 2026.

During the public comment period, interested parties could submit comments in the following ways:

Written comments were sent to OAL and CalRecycle and received before the close of the public comment period on September 22, 2026.

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:

Melissa Dubina
Covered Battery-Embedded Waste Recycling Fee
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.

OAL approved the emergency regulations on September 24, 2026.

Contact

For more information on the Covered Battery-Embedded Waste Recycling Fee Emergency Regulations, please contact Melissa Dubina 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 Covered Battery-Embedded Products Webpage. 

Subscribe to the E-Waste listserv to receive emails regarding this program.