Description
The Electronic Waste Recycling Act of 2003 (Public Resources Code Section 42460, et seq.) established a financing mechanism intended to develop an infrastructure to provide convenient recycling opportunities and reduce the inappropriate disposal of certain electronic products discarded in California. This financing mechanism is funded by a covered electronic waste (CEW) recycling fee that is assessed on consumers at the time of retail purchase of a new covered electronic device (CED).
The Department of Resources Recycling and Recovery (CalRecycle) proposes to adopt emergency regulations governing the CEW recycling fee. Pursuant to Public Resources Code Section 42464(g), no more frequently than annually, and no less frequently than biennially, CalRecycle has the responsibility to assess the adequacy of the CEW recycling fee to generate sufficient revenues to fund the operation and administration of the CEW Recycling Program.
CalRecycle must determine by the statutory date of August 1, 2023, whether any fee adjustments are necessary. Any adjustments made to the fee levels will take effect on January 1, 2024. The current rates are as follows:
- Four dollars ($4) for each CED with a screen size of less than 15 inches measured diagonally.
- Five dollars ($5) for each CED with a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally.
- Six dollars ($6) for each CED with a screen size greater than or equal to 35 inches measured diagonally.
The emergency regulations propose to keep the CEW recycling fee levels unchanged as follows:
- Four dollars ($4) for each CED with a screen size of less than 15 inches measured diagonally.
- Five dollars ($5) for each CED with a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally.
- Six dollars ($6) for each CED with a screen size greater than or equal to 35 inches measured diagonally.
Affected Regulatory Code Sections
California Code of Regulations, Title 14, Division 7, Chapter 8.2, Article 2.6, Section 18660.40.
Current Status
On September 19, 2023, CalRecycle will initiate a 5-day written comment period for the proposed emergency regulations. The public comment period will commence on September 19, 2023, when the emergency regulations are posted on Office of Administrative Law’s (OAL) website. The public comment period will close on September 25, 2023.
Comments on the proposed emergency regulations must be submitted directly to OAL within five calendar days of when OAL posts the proposed emergency regulations on the OAL web site. You may submit comments to the OAL Reference Attorney by mail to 300 Capitol Mall, Suite 1250, Sacramento, California 95814, by fax to (916) 323-6826, or by e-mail to staff@oal.ca.gov. OAL will confirm that the agency has received the comment before considering it. The comment must state that it is about an emergency regulation currently under OAL review and include the topic of the emergency.
When you submit a comment to OAL, you must also submit a copy of your comment to CalRecycle at: regulations@calrecycle.ca.gov or mail to: Csilla Richmond, Covered Electronic Waste Recycling Fee Emergency Regulations, Department of Resources Recycling and Recovery, Regulations Unit, 1001 “I” Street, MS-24B Sacramento, CA 95812.
The Covered Electronic Waste Recycling Fee regulations were an item for discussion at the CalRecycle Monthly Public Meeting on June 20, 2023.
Current Documents
- Notice to Interested and Affected Parties
- Notice of Proposed Action
- Proposed Regulation Text
- Finding of Emergency
- Documents Relied Upon:
- Exhibit 1: Request for Approval – Signed
- Exhibit 2: Proposed Revised Regulatory Language
- Exhibit 3: Background and Summary of Program Costs and Revenue Need Considerations
- Exhibit 4: Historical CEW Recycling Claim Volumes
- Exhibit 5: Fee Model and Analysis
- Exhibit 6: OAL Notice of Approval of Emergency Regulatory Action (No. 2021-0923-02E)
- Exhibit 7: DTSC Approval
- Exhibit 8: STD Form 399 (unsigned). Note: A signed version of the STD Form 399 is available by request here: STD Form 399 (signed).
Input from Interested Parties
Interested parties had the opportunity to provide input in response to past listserv notices as well as during the June 20, 2023 CalRecycle Public Meeting.
Contact
For more information on the Covered Electronic Waste Recycling Fee rulemaking, please contact Csilla Richmond at regulations@calrecycle.ca.gov.
- Subscribe to the Proposed Regulations Listserv to receive emails regarding rulemaking developments.
For more information regarding the E-Waste Program, please visit the Electronic Waste Management Homepage.
- Subscribe to the E-Waste Listserv to receive email notifications regarding this or future electronic waste rulemaking developments.