As California moves to implement SB 1215, the definition of battery-embedded device and the associated fees with the program are at the forefront of discussions. | Gorodenkoff / Shutterstock
Editor’s note: With 25 states and the District of Columbia covering 66% of the US population under e-scrap laws, jurisdictions continue to address collection and funding challenges as programs and technology evolve.
This EPR Update series in E-Scrap News examines the latest policy updates from four states navigating these regulatory shifts. Read part one here.
The West Coast has become a hub of activity in the producer responsibility legislative landscape, with all eyes on California as it prepares to launch an extended fee system covering battery-embedded devices.
California’s Advanced Recovery System approach is differentiated from traditional extended producer responsibility (EPR) frameworks, shifting the cost burden to the consumer rather than placing direct responsibility on manufacturers or brand owners, said Katie Reilly, vice president, environmental affairs and industry sustainability, Consumer Technology Association.
Those consumer fees then go into a fund administered by the state, and then collectors and recyclers are reimbursed for costs associated with properly managing and recycling those electronic devices, she said.
The state’s decades-old e-scrap recycling program formally encompassed only video display devices. Revisions to SB 1215, which was enacted in 2022, moved through the California legislature, further clarifying which battery-embedded products are covered.
As of July 1, original equipment manufacturers were required to notify retailers of any battery embedded devices covered under the expanded act. Simultaneous to that, they were also required to notify CalRecycle via email. Under SB 1215, manufacturers are responsible for identifying which products fall within the regulatory definition and which are exempt from recycling fees.
“Somewhere in CalRecycle’s records, there is a list of all covered battery embedded products offered for sale in the State of California. We are very hopeful that they will be publishing that on their website soon, so that we can get a better idea of what is actually in scope in this universe of covered battery-embedded products,” Reilly said.
From light-up shoes to earbuds to high-end watches, a high number of battery-embedded products permeates American homes. The average US household with internet connection has 17 connected devices, according to Park Associates, but this does not account for the dozens of other products that could have an embedded battery.
A battery-embedded product contains a battery that cannot be easily removed using common household tools, Reilly said.
CalRecycle is developing the regulations, she said, and questions remain around the terminology used.
CalRecycle is expected to announce the fee that consumers will be required to pay into the electronics recovery system on Oct. 1. The original proposal was a 1.5% charge on all qualifying battery-embedded products.
“As you can imagine, as we get into some of the higher-end products, a 1.5% fee is pretty significant and beyond what’s needed to actually cover the cost of recycling. So, they are in the process of reassessing,” Reilly said.
The recycling fee for the purchase of new or certain refurbished products takes effect on Jan. 1, 2026.
“It’s really important once those regulations are finalized as we think [ahead] to a future of what management of battery-embedded products might look like,” she said.