California Solicits Input on E-Waste and Battery EPR Programs

This month, the California Department of Resources Recycling and Recovery (CalRecycle) is soliciting public feedback on two rulemakings related to extended producer responsibility (EPR) programs that apply to covered battery-embedded products (along with other types of electronics) and loose batteries.

EPR for Covered Battery-Embedded Products
Comments on CalRecycle’s draft regulations to implement SB 1215, which revised the state’s Covered Electronic Waste Recycling Program (E-Waste Recycling Program) to include covered battery-embedded products, were due on June 6, 2025. These are generally products containing batteries that are “not designed to be easily removed from the product by the user of the product with no more than commonly used household tools.” This category of products does not include video display devices (which were already covered by the state’s E-Waste Recycling Program), certain medical devices, energy storage systems, or e-cigarettes.

For covered products, the E-Waste Recycling Program relies on a consumer funding mechanism at the point of retail purchase to support end-of-life collection and management. To ensure the proper collection and management of covered battery-embedded products, CalRecycle is required to establish a recycling fee by October 1, 2025. The agency’s current proposal is to charge consumers 1.5% of the retail sales price for each covered battery-embedded product. An emergency rulemaking workshop was held on May 28, 2025, to review the proposed recycling fee and other revisions to the E-Waste Recycling Program regulations (which go beyond addressing covered battery-embedded product requirements). CalRecycle staff indicated that another workshop will be held in July 2025, but the agency has not issued a public notice with a specific date for the July workshop as of this writing. It is unclear if the public will have another opportunity to comment on CalRecycle’s proposed fee and draft regulations. However, manufacturers of covered battery-embedded products are subject to a mandatory deadline before the next workshop—by July 1, 2025, they must send a notice, with the brand and model numbers of covered devices, to CalRecycle and to retailers selling those products.

EPR for Primary and Rechargeable Batteries
CalRecycle is also accepting comments, due June 12, 2025, on draft regulations implementing AB 2440, which established a new state-wide Battery Stewardship Program for certain primary and rechargeable batteries. Batteries themselves, unless included in a covered battery-embedded product, are not covered by California’s E-Waste Recycling Program. Products covered by the Battery Stewardship Program include most types of primary and rechargeable batteries that are sold separately from a product; individually packed with a product; or contained in a product but designed to be easily removed from the product with no more than common household tools. However, the program does not cover primary batteries over 2 kg; rechargeable batteries over 5 kg and 300 Wh; lead-acid batteries (which are currently addressed by a separate program); motor vehicle batteries; fuel cell electrical generating facilities; certain medical devices; or recalled batteries.

Unlike the state’s E-Waste Recycling Program, but similar to the state’s packaging EPR program under SB 54, the Battery Stewardship Program will rely on producers to develop, fund, and implement a stewardship plan. CalRecycle’s proposed regulations outline requirements for the program plan and producer compliance, among other things. The agency is still in the informal rulemaking stage, and formal rulemaking is anticipated to start in the fall. A stewardship plan must be submitted to CalRecycle within 12 months of the effective date of any final regulations.

With the expansion of various EPR programs, businesses are increasingly likely to find that they are subject to multiple requirements.