E-Waste Laws in California: What Businesses Need to Know

California's e-waste laws are among the strictest in the U.S., requiring businesses to responsibly manage electronic waste to avoid steep fines - up to $25,000 per violation per day. The laws aim to reduce the 200,000+ tons of annual e-waste generated in the state and address the risks posed by hazardous materials in electronics. Here's what businesses need to know:

• Key Regulations: The Electronic Waste Recycling Act (2003) and the Cell Phone Recycling Act (2004) mandate proper recycling and take-back programs for covered devices like TVs, laptops, and phones.
• Upcoming Changes: Starting January 1, 2026, Senate Bill 1215 will expand rules to include battery-embedded products like wireless headphones and tablets. By October 1, 2025, new recycling fees will also apply to these items.
• Compliance Steps: Businesses must track inventories, work with certified recyclers, securely destroy data, and collect recycling fees for certain products at the point of sale.
• Penalties: Non-compliance risks fines, reputational harm, and environmental damage.

Staying informed and partnering with certified recyclers are critical to meeting these requirements. Read on for detailed guidance on compliance, fee structures, and best practices.

DTSC Enforcement investigates poor e-waste practices

California E-Waste Regulations Explained

Understanding which devices fall under California's e-waste regulations and the necessary compliance steps is crucial. These laws outline specific procedures for handling electronic waste, ranging from outdated CRT monitors to the latest smartphones, with varying requirements depending on the device category.

Covered Electronic Devices and E-Waste Types

California classifies electronic waste to ensure it is managed correctly. E-waste is considered hazardous because it often contains toxic materials like lead, mercury, and cadmium. However, it is also deemed "universal waste", meaning it poses a lower immediate risk when handled properly.

The most strictly regulated group, Covered Electronic Devices (CEDs), includes:

• CRT devices, such as older TVs and monitors
• LCD desktop monitors, laptops, tablets, LCD TVs, and smart displays
• Plasma TVs, OLED-containing TVs and monitors, and portable DVD players with LCD screens

Universal Waste Electronic Devices (UWEDs) cover a wider range of everyday electronics, such as:

• Computers, printers, keyboards, and other peripherals
• Telephones, cell phones, and answering machines
• Stereo equipment, radios, tape and CD players, calculators, and some types of microwave ovens

Devices outside these categories, referred to as Non-UWEDs, include items like oil-filled transformers, electrical power distribution equipment, and large metal microwave ovens. For these items, it’s up to the disposer to determine if they qualify as hazardous waste.

Extended Producer Responsibility Requirements

California’s Extended Producer Responsibility (EPR) program places the responsibility for managing e-waste on manufacturers and sellers. This means companies must establish take-back programs, prioritize recycling, and incorporate sustainable materials in their products.

Key milestones include:

• By July 1, 2025, manufacturers of covered battery-embedded products must notify California retailers about their products, listing the brand and model number .
• Senate Bill 1215, effective January 1, 2026, expands these requirements to include battery-embedded products .
• By October 1, 2025, CalRecycle will introduce recycling fees for these items.

Businesses involved in manufacturing or selling electronics in California must actively monitor compliance, ensuring all products meet notification and fee collection standards. Partnering with certified recyclers is also critical to adhere to environmental laws and international trade regulations.

Recycling Fees and Reporting Requirements

California has implemented a structured system for recycling fees and reporting to enforce compliance. Retailers are required to collect recycling fees at the point of sale for covered electronic devices. The fees are based on screen size:

• $4 for screens between 4–15 inches
• $5 for screens between 15–35 inches
• $6 for screens 35 inches or larger

Retailers must register with the California Department of Tax and Fee Administration (CDTFA), file returns, and remit payments. They can retain 3% of the collected fees as a reimbursement for collection costs .

Reporting is conducted electronically using the “Electronic Waste Recycling Fee Return and Summary by Location” schedule. Late filings result in a 10% penalty on the amount due, plus monthly interest. For battery-embedded products, CalRecycle proposes a fee of 1.5% of the retail sales price per item.

Accurate record-keeping is essential. Businesses must document any sales exempt from fees and maintain detailed inventories of regulated electronic devices. Since the introduction of SB 20, California’s program has recycled over 2 billion pounds of covered electronic devices. The recycling rate for these devices surged from 29% in 2006 to 58% in 2008, nearly tripling in just two years.

How to Comply with E-Waste Laws

California’s stringent e-waste regulations set a high bar for businesses, but with the right approach, you can stay compliant while reducing risks. Here’s how to manage e-waste effectively through proper inventory tracking, certified recycling, and secure data destruction.

Create an Electronic Device Inventory

Start by keeping a detailed inventory of all your electronic devices - from the moment they’re purchased to their final disposal. Include key information like acquisition dates, device conditions, serial numbers, and asset tags. Categorizing e-waste (e.g., office equipment, batteries) makes disposal more efficient and supports audits and sustainability initiatives. For instance, the upcoming July 1, 2025, deadline for battery-embedded product notifications highlights the importance of staying organized.

Thorough records of disposal activities are essential - not just for compliance, but also to avoid costly mistakes. In 2023, Kaiser Foundation Health Plan and Hospitals faced a $49 million penalty for HIPAA violations due to improper IT asset disposal. This underscores how inadequate tracking can lead to severe financial consequences.

Work with Certified E-Waste Recyclers

California law mandates working with recyclers certified by the California Department of Resources Recycling and Recovery (CalRecycle). Use the eRecycle directory to find certified recyclers with credentials like R2v3 and ISO. Ensure your chosen recycler offers comprehensive IT asset disposition, data security, and e-waste management services. For added assurance, you can contact DTSC at electronicwaste@dtsc.ca.gov to arrange facility inspections.

Detailed record-keeping is also required. Track the type and amount of e-waste recycled, disposal dates, and the identity of the certified recycler. Partnering with certified recyclers, such as Rica Recycling, helps meet regulatory requirements while promoting environmentally responsible practices.

Set Up Secure Data Destruction

Before recycling electronic devices, secure data destruction is a must to protect sensitive information and prevent data breaches. Compliance with regulations like HIPAA and GDPR is critical when disposing of devices that store confidential data.

Choose a data destruction method based on factors like media type, data sensitivity, and applicable security standards. Common methods include:

Method	Description
Digital Shredding/Wiping	Overwrites data multiple times with characters or random data
Degaussing	Uses a magnetic field to erase data, making the hard drive unusable
Physical Destruction	Crushes or shreds hard drives to ensure data cannot be retrieved

For solid-state drives, use built-in sanitization commands or physically destroy the device if reuse isn’t an option.

Improper data destruction can lead to serious risks. To avoid this, classify your data to determine the right destruction method and train employees on your policies. A "shred-all" policy for both paper and electronic data is a good practice, as is physically destroying devices that hold sensitive information. Always request a certificate of destruction from your service provider and schedule regular data destruction services to maintain accurate records.

2025 E-Waste Law Changes

California is stepping up its game in e-waste regulation with some major updates set to take effect in the near future. These changes include expanding the scope of products covered under recycling laws and introducing a new fee structure for battery-embedded devices. Below, we break down what’s coming and what it means for businesses.

New Battery-Embedded Product Coverage

Starting January 1, 2026, California’s Electronic Waste Recycling Act - amended through Senate Bill 1215 - will broaden its reach to include battery-embedded products. These are devices with non-removable batteries, such as smartphones, tablets, and wireless headphones. However, certain items are excluded from this expansion, including specific medical devices, video display devices, energy storage systems, and electronic nicotine delivery systems.

To gear up for these changes, manufacturers will need to:

• Submit an annual notice by July 1, 2025, listing both covered and exempt battery-embedded products.
• Comply with new labeling rules that display the manufacturer’s name and the battery’s chemistry.
• Provide annual reports to CalRecycle starting July 1, 2027, after the program officially begins in 2026.

These steps are essential to ensure compliance and avoid any regulatory hiccups.

New Recycling Fee Structure

To fund this expanded program, California is introducing a recycling fee for battery-embedded products. CalRecycle has proposed setting this fee at 1.5% of the retail price of each covered product. By October 1, 2025, the exact fee will be finalized, and starting January 1, 2026, consumers will see this charge added at the point of purchase.

Here’s what else to know:

• From August 1, 2026, CalRecycle will have the authority to adjust the fee annually based on program costs.
• Retailers selling or leasing covered products must register with the California Department of Tax and Fee Administration to manage fee collection.
• Starting January 1, 2025, certified e-waste recyclers will be able to submit payment claims for handling battery-embedded waste.

To stay ahead, businesses will need to update their procurement processes, train staff on fee collection, and ensure proper handling of battery-embedded products. Integrating these requirements into existing compliance strategies will be critical to avoiding penalties. These updates highlight the importance of staying proactive as the state tightens its e-waste regulations.

Recycle Electronics Responsibly

Schedule a pickup or drop off your e-waste at Rica Recycling to ensure eco-friendly, secure, and compliant electronics recycling in the Bay Area.

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E-Waste Compliance Tools and Resources

The tools and resources below can help you navigate e-waste compliance more effectively while reducing the risk of penalties. From checklists to certified services and government resources, these options can simplify the process and keep your business on track.

Compliance Checklists and Templates

CalRecycle offers a variety of forms and templates to assist businesses in the Covered Electronic Waste Recycling Program. While these forms aren't mandatory, they provide a standardized way to meet regulatory requirements and ensure all necessary details are included.

Here are some of the key forms available:

• Application for Approval: Collector (CalRecycle 186C)
• Application for Approval: Dual Entity (CalRecycle 186D)
• Application for Approval: Recycler (CalRecycle 186R)

For ongoing compliance, tools like the Collection Log and Transfer Receipt help maintain proper e-waste records. Additionally, specific worksheets - such as Worksheet A for CRT device cancellations and Worksheet B for non-CRT devices - are available to streamline the reimbursement process.

CalRecycle has also created a template for manufacturers to notify retailers about covered battery-embedded products. This resource will become increasingly valuable as new regulations are introduced.

Rica Recycling Certified Services

Rica Recycling offers certified services designed to meet California's stringent e-waste regulations while promoting environmental responsibility. With over two decades of experience and more than 30 million pounds of e-waste recycled, they’ve built a strong reputation for compliance and safety. Their services include certified e-waste pickup and drop-off across the San Francisco Bay Area, all while adhering to a strict 100% landfill-free policy. This is achieved by partnering exclusively with EPA-registered and R2-certified processors.

Rica Recycling also provides secure data destruction services, complete with certificates to confirm that sensitive data has been wiped from storage devices. Their IT asset recovery program allows businesses to turn retired equipment into usable value while staying compliant with state regulations.

Here’s what one long-time partner had to say about Rica Recycling:

"Rica Recycling has been a trusted business partner of ERC for over a decade. We handle the proper recycling of their CRT monitors and televisions. It's been amazing to see their growth over the past couple of years." – Russ Schinzing, President of E-Recycling of California

Additionally, the company offers free drop-off for many electronic items, helping businesses manage compliance costs predictably.

Government Regulatory Resources

For official guidance, CalRecycle serves as California's central regulatory authority for e-waste compliance. Their website provides essential tools, such as a directory of approved collectors and recyclers of Covered Electronic Waste, making it easier to find certified partners. The Covered Electronic Waste Information System (CEWIS) offers an online platform for reporting and tracking compliance, simplifying the process for participants.

CalRecycle also provides resources for local governments to designate approved collectors, which can expand collection options for businesses. Staying informed through these official channels ensures you’re up-to-date on regulatory changes, such as new requirements for battery-embedded products, while contributing to broader environmental efforts.

Key Points for California Businesses

California's e-waste laws require businesses to follow strict guidelines to avoid hefty fines, which can reach up to $25,000 per violation per day. To stay compliant, companies need to establish clear and efficient e-waste management practices.

One of the most important steps is ensuring proper disposal of Covered Electronic Devices (CEDs) - these include items with video display screens larger than four inches. Under no circumstances should these devices end up in regular household trash. Businesses must partner with certified e-waste recyclers approved by CalRecycle, maintain accurate records of all disposal activities, and adhere to the guidelines set by the Electronic Waste Recycling Act of 2003.

Another critical aspect is staff training. Regular training sessions should be conducted for employees who handle e-waste, ensuring they understand notification and reporting requirements tied to their roles. Maintaining a detailed inventory of electronic devices is also essential. The Department of Toxic Substances Control (DTSC) oversees enforcement of hazardous waste laws across the state, so businesses must keep their processes aligned with these regulations.

Keeping up with updates from CalRecycle and DTSC is equally important, as e-waste is generated three times faster than municipal trash. Subscribing to CalRecycle's newsletter is a simple way to stay informed about any regulatory changes.

Partnering with certified recyclers is not just about compliance - it also ensures secure data destruction and helps protect the environment. Currently, only about 25% of e-waste is recycled. When choosing a recycler, confirm their R2 or e-Stewards certification and verify their supply chain management practices.

Looking ahead, businesses should prepare for upcoming changes, such as new recycling fee structures and regulations for battery-embedded products, which are expected to roll out in 2025. Building a robust e-waste management system now will help companies adapt to these changes while safeguarding both the environment and their financial interests. By meeting these requirements, businesses can demonstrate their commitment to sustainable and responsible operations.

FAQs

What does my business need to do to comply with California's new e-waste rules for battery-embedded products?

Preparing for California's New E-Waste Regulations

Starting July 1, 2025, California's updated e-waste regulations will require businesses to take specific actions for battery-embedded products. The first step? Determine whether your products fall under the scope of the new law. If they do, you’ll need to:

• Register with the state: Officially list your covered products.
• Notify retailers and consumers: Clearly communicate which items are affected.
• Develop recycling or disposal programs: Ensure proper handling of these products at the end of their lifecycle.

On top of that, businesses should be ready for potential recycling fees and ensure their products comply with requirements for collecting and recycling embedded batteries, such as lithium-ion and primary batteries. Starting preparations early is key to meeting compliance deadlines and steering clear of penalties.

How can I tell if an electronic device qualifies as a Covered Electronic Device (CED) in California, and what does that mean for disposal?

In California, any device with a video display screen larger than 4 inches - like TVs, computer monitors, or laptops - is considered a Covered Electronic Device (CED). Once these devices are no longer usable or needed, they are categorized as electronic waste and must be recycled responsibly rather than discarded with regular trash.

Failing to dispose of CEDs properly can cause environmental damage and result in legal consequences. To stay compliant with California's e-waste laws, make sure to use certified recycling programs or IT asset recovery services for disposal. This not only helps protect the environment but also ensures your business meets state regulations.

What happens if my business doesn’t comply with California’s e-waste laws, and how can we stay compliant?

Non-compliance with California’s e-waste laws can have serious repercussions, including fines that can reach up to $37,500 per day for each violation. Beyond the hefty financial impact, mishandling e-waste can tarnish your business's reputation and contribute to environmental harm.

To ensure compliance, your business must adhere to state regulations like the Electronic Waste Recycling Act of 2003. This means properly disposing of and recycling electronic waste, partnering with certified recycling programs, and keeping detailed records of your e-waste management efforts. Following these guidelines not only helps you avoid penalties but also promotes responsible practices that protect the environment and minimize legal risks.