[Archives] Covered Electronic Waste Recycling Program Enforcement Emergency Regulations

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

Overview

On June 24, 2026, the Office of Administrative Law (OAL) approved the Covered Electronic Waste Recycling Program Enforcement Emergency Regulations. The regulations became effective on June 24, 2026, and will expire on June 24, 2028.

The Department of Resources Recycling and Recovery (CalRecycle) proposed to adopt emergency regulations in response to CalRecycle’s Informal Hearing Rules Regulations. The rulemaking expressly exempts the Covered Electronic Waste (CEW) Recycling Program from the regulations and procedures instituted in CalRecycle’s newly adopted Informal Hearing Rules Regulations and specifies the burden of proof on an appeal of a payment claim adjustment or denial.

These emergency regulations are necessary to maintain existing program practices with respect to appeals and administrative hearings and to provide clarification with respect to the burden of proof on an appeal of a decision by CalRecycle to adjust or deny a payment claim.

Affected Regulatory Code Sections

CalRecycle proposed emergency regulations to amend Title 14, California Code of Regulations (CCR), Articles 2.1, 2.3, and 6, sections 18660.19, 18660.31, 18660.44, 18660.45, and 18660.46.

Current Status

The emergency regulations were approved by OAL effective June 24, 2026. They will expire on June 24, 2028.

The Covered Electronic Waste Recycling Program Enforcement emergency regulations were submitted to OAL on June 16, 2026, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on June 16, 2026, and ended on June 22, 2026.

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 Claire Derksen 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 to the regulations.
  • Economic and Fiscal Impact Statement (STD 399). Copy of the Economic and Fiscal Impact Statement form.

All rulemaking documents listed on this webpage are either available by submitting a PRA 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 June 16, 2026, when the emergency regulations were posted on OAL’s website. The public comment period closed on June 22, 2026.

History

OAL approved the emergency regulations on June 24, 2026.

On June 16, 2026, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on June 16, 2026, when the emergency regulations were posted on OAL’s website. The public comment period closed on June 22, 2026. Written comments should be sent to OAL and CalRecycle and received before the close of the public comment period on June 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 June 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:

Donnet McFarlane
Covered Electronic Waste Recycling Program Enforcement 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 June 16, 2026, CalRecycle released draft proposed regulations that were necessary to implement, make specific, and clarify the Covered Electronic Waste Recycling Program Enforcement Emergency Regulations for public feedback. The informal comment period ended on June 22, 2026.

Contact

For more information on the Covered Electronic Waste Enforcement Emergency Regulations, please contact Donnet McFarlane at regulations@calrecycle.ca.gov.

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