Covered Battery-Embedded Waste Recycling Fee Emergency Regulations

Overview

The Department of Resources Recycling and Recovery (CalRecycle) is proposing 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 is proposing emergency regulations to amend Title 14, California Code of Regulations (CCR), Division 7, Chapter 8.2, section 18660.40.

Current Status

The Covered Battery-Embedded Waste Recycling Fee emergency regulations are scheduled to be submitted to the Office of Administrative Law (OAL) on September 17, 2026, beginning the 10-calendar-day emergency rulemaking process. The 5-calendar-day public comment period will begin on September 17, 2026, and end on September 22, 2026.

Details of how to submit comments during the comment period are included in the ‘Input from Interested Parties‘ section.

Current Documents

• 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 to the regulations.
• Economic and Fiscal Impact Statement (STD 399) and STD 399 Supplemental information. Unsigned copy of the Economic and Fiscal Impact Statement form and supporting documentation. The original version with signature approval is on file.
• Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations.
  • Attachment 1: Economic and Fiscal Impact Statement (STD 399)
  • Attachment 2: STD 399 Supplemental Information
  • Attachment 3: Request for Approval
  • Attachment 4: Covered Battery-Embedded Waste Recycling Fee Methodology
  • Attachment 5: Department of Toxic Substances Control Collaboration Email
  • Attachment 6: Department of Tax and Fee Administration Collaboration Email
  • Attachment 7: Federation of the Swiss Watch Industry, Covered Battery-Embedded Waste Recycling Fee Comment Period, submitted June 23, 2026
  • Attachment 8: Consumer Technology Association, Covered Battery-Embedded Waste Recycling Fee Comment Period, submitted June 24, 2026
  • Attachment 9: Information Technology Industry Council, Covered Battery-Embedded Waste Recycling Fee Comment Period, submitted June 29, 2026
  • Attachment 10: Alexis Morris, Covered Battery-Embedded Waste Recycling Fee Informal Rulemaking Comment Period, submitted July 23, 2026
  • Attachment 11: Consumer Technology Association, Covered Battery-Embedded Waste Recycling Fee Informal Rulemaking Comment Period, submitted July 24, 2026
  • Attachment 12: California: 2020 Census, United States Census Bureau, accessed February 28, 2025
  • Attachment 13: State of California Budget Change Proposal (BCP) 3970-020-BCP-2023-GB, Battery Embedded Waste: Implementation (SB 1215), Fiscal Year 2023-24
  • Attachment 14: 2025-26 Governor’s Budget – EP 18, Electronic Waste Recovery and Recycling Account (3065), Integrated Waste Management Fund
  • Attachment 15: State of California – Civil Service Pay Scale, accessed (June 2, 2025)
  • Attachment 16: Covered Battery-Embedded Waste Recycling Fee – 2027 Fee Update Workshop Presentation (presented June 17, 2026)

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, 24^th 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

On September 17, 2026, CalRecycle will initiate a 5-calendar-day written comment period for the proposed emergency regulations. The public comment period will commence on September 17, 2026, when the emergency regulations are posted on the Office of Administrative Law’s (OAL) website. The public comment period will close on September 22, 2026. Written comments should be 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 must be 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 submitting a comment to OAL, a copy of the comment must also be submitted to CalRecycle in one of the following ways:

• CalRecycle public comment portal, which can be accessed here: Covered Battery-Embedded Waste Recycling Fee 5-Day Comment Period
• 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

The comment must state that it is about the emergency regulation currently under OAL review and include the topic of the emergency. By submitting a written comment to CalRecycle in connection with this rulemaking action you shall be deemed to have expressly indicated a willingness to receive a notice by means of an electronic written communication via email unless you specifically request CalRecycle to deliver its notice(s) via non-electronic communication.

Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone number, email address, etc.) become part of the public record and can be released to the public upon request.

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.

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.