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Electronic Waste Recycling Act of 2003

Signed into law: September 24, 2003 [Senate Bill 20 (Chapter 526, Statues of 2003)]

Amended: September 29, 2004 [Senate Bill 50 (Chapter 863, Statues of 2004)]

California passed the Electronic Waste Recycling Act of 2003 to encourage proper e-waste disposal. The Act led to the creation of the Covered Electronic Waste (CEW) Recycling Program. The program supports the safe and responsible disposal of covered electronic devices (CEDs).CEW Program Workflow: Retailers charge a fee of $4 - $6 per covered electronic device (CED). The fee depends on the screen size. Then, consumers pay the fee when they purchase the CED. The State collects the fees from the retailers. Lastly, the recyclers are paid by the state using the collected fees.

Two objectives of the Electronic Waste Recycling Act are:

  1. To limit the amount of toxic substances in certain electronic products sold in California, California’s Restrictions on the use of Hazardous Substances (RoHS). These restrictions limit the amount of the following materials allowed in CEDs:
    • lead
    • mercury
    • cadmium
    • hexavalent chromium

    The State requires manufacturers of CEDs to provide information demonstrating their efforts to:

    1. reduce the levels of toxic substances in electronic devices they produce;
    2. increase the use of recyclable materials in their products; and
    3. provide outreach programs to consumers.

    This information must be provided to CalRecycle by July 1 every year.

  1. To establish a funding system for the collection and recycling of discarded CEDs. We accomplished this by creating the Covered Electronic Waste (CEW) Recycling Program:
    1. California consumers pay a CEW recycling fee when purchasing a CED. The CEW fee varies by screen size and is currently $4 to $6 per CED.
    2. California Department of Tax and Fee Administration (CDTFA) collects the CEW fees from retailers. CDTFA puts these fees it into an special account used to cover e-waste handlers’ costs of managing e-waste:
      • Approved recyclers make payment claims stating the weight of CEDs they recycled. Upon approval of the payment claim, the State pays the recycler from the special account.
      • Recyclers are required to pass part of this payment on to any approved collectors who sent them the CEDs they are claiming.

Note Many electronic wastes are not included in the Electronic Waste Recycling Act. E-wastes not covered by the Act are still hazardous wastes. You can not discard them in the trash. Although they are not eligible for payment, e-waste handlers must still report these e-wastes on  your annual reports to DTSC.

Adding covered battery-embedded products to the Electronic Waste Recycling Act

In 2022, Senate Bill (SB) 1215 expanded the scope of the Electronic Waste Recycling Act of 2003. The Act will now include covered battery-embedded products (CBEPs). In doing this, California is adding CBEPs to the Covered Electronic Waste (CEW) Recycling Program. Beginning in 2026, California consumers will begin to pay a fee when purchasing a CBEP. This fee will help to cover the cost of CBEP recycling and disposal in California.

What is a covered battery-embedded product (CBEP)?

CBEPs include products containing a battery that is not designed to be easily removed from the product using common household tools. 

For more information regarding the implementation and timeline of SB 1215, refer to CalRecycle’s SB 1215 Covered Battery-Embedded Products webpage.

What is hazardous waste?

A hazardous waste is a solid, liquid, or contained gaseous waste with properties that make it potentially harmful to human health or the environment. The criteria for classifying a waste as a hazardous waste are regulated at both the state and federal levels. A waste is hazardous waste if:

  1. it appears on one of five regulatory lists, or 
  2. it exhibits toxicity, corrosivity, reactivity, and/or ignitability (as defined in article 3 of chapter 11 of the California Code of Regulations).

For more information on identifying hazardous waste, refer to our Defining Hazardous Waste webpage.

Electronic waste is “universal waste”— so what is “universal waste”?

Electronic waste, or e-waste, is considered a type of “universal waste”. A “universal waste” is still a hazardous waste, but universal wastes pose a lower immediate threat to human and environmental health when handled appropriately. Their lower risk allows them to be handled under a more relaxed set of regulations.

For more information on universal waste and other universal waste types, refer to our Universal Waste webpage. 

Electronic devices

DTSC’s regulations define “electronic device” very broadly as:

“any electronic device that is identified as hazardous waste because it either exhibits the characteristic of toxicity as specified in article 3 of chapter 11 of this division [division 4.5 of the California Code of Regulations], and/or is a listed hazardous waste as specified in article 4.1 of chapter 11 of this division [division 4.5 of the California Code of Regulations].”

An electronic device can be managed under simple requirements as a “universal waste,” and these devices are referred to as universal waste electronic devices (UWEDs).

Who determines if an electronic device is a hazardous waste?

The person who is discarding the waste is responsible for determining if the device is a hazardous waste. This can be done by sending it to a lab for testing or by applying knowledge of the waste.

DTSC’s Environmental Chemistry Laboratory (ECL) has tested various types of e-waste. They prepared reports summarizing their results.

Are all devices that use or transfer electrical power UWEDs?

No.

Electronic devices contain circuitry (e.g., printed circuit boards). Circuitry provides a variety of functions not possible in simpler electrical devices. Programmable devices contain circuitry, so they are UWEDs.

Electrical devices can switch on or off. They cannot perform other functions. Non-programmable devices are generally considered electrical equipment.

EXAMPLE

  • Programmable toasters and coffee makers = UWEDs.
  • Non-programmable toasters and coffee makers = electrical equipment.

Are all devices that use or transfer electrical power UWEDs?

No.

Electronic devices contain circuitry (e.g., printed circuit boards). Circuitry provides a variety of functions not possible in simpler electrical devices. Programmable devices contain circuitry, so they are UWEDs.

Electrical devices can switch on or off. They cannot perform other functions. Non-programmable devices are generally considered electrical equipment.

EXAMPLE

  • Programmable toasters and coffee makers = UWEDs.
  • Non-programmable toasters and coffee makers = electrical equipment.

UWED vs. Non-UWED

Below are examples of UWEDs and non-UWEDs; this is by no means a complete list. For more information regarding UWED dismantling and classification requirements, visit our UWED Dismantling and Classification FAQ webpage.

UWEDs

  • CRT devices including older televisions and computer monitors
  • LCD desktop computer monitors, laptop computers, and tablets
  • LCD televisions and smart displays
  • Plasma televisions
  • OLED-containing televisions 
  • OLED-containing desktop monitors, laptop computers, and tablets
  • Portable DVD players with LCD screens
  • CRT-containing cash registers and oscilloscopes
  • Computers and printers
  • Computer keyboards and other peripherals
  • Telephones, cell phones, and answering machines
  • Stereo equipment, radios, tape and CD players/recorders, phonographs
  • Video cassette recorders and calculators
  • Microwaves ovens*

* Microwave ovens that are predominantly plastic are not subject to the Metallic Discards Act‘s major appliance requirements but are subject to UWED management requirements and can be dismantled by a UWED recycler regardless of whether the microwave oven contains materials that require special handling (MRSH) or not.

Non-UWEDs

  • Oil-filled transformers
  • Metal switch gear
  • Electrical power distribution
  • Transmission equipment
  • Large metal microwave ovens*
  • Other items that are not predominantly plastic and/or hazardous for toxicity

* Microwave ovens that are primarily metal and contain MRSH (e.g., capacitors with polychlorinated biphenyls (PCBs), diethylhexylphthalate (DEHP), or metal-encased capacitors) may be collected by universal waste collectors/recyclers but can only be dismantled by a certified appliance recycler (CAR).

Note The waste handler is responsible for justifying whether a microwave is primarily metal or plastic. There is no scientific test to make this determination. Handlers are advised to make their best determination and then manage the waste accordingly.

Refer to Public Resources Code, section 42166 to review the listing of major appliances under the Metallic Discards Act.

Covered electronic devices (CEDs)

California regulations define a CED as:

“a…video display device with a screen size that is greater than four inches in size measured diagonally and which the department [DTSC] determines, when discarded or disposed, would be a hazardous waste pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.”

Simply put, a CED is any video display device with a screen size greater than four inches and fits into one of the following categories:

  1. Cathode ray tube-containing devices (CRT devices) 
  2. Cathode ray tubes (CRTs)
  3. CRT-containing computer monitors and televisions
  4. Televisions with an LCD (liquid crystalline display) screens
  5. LCD-containing desktop monitors, tablets*, laptop computers, and smart displays*
  6. Plasma televisions
  7. Portable DVD players with LCD screens
  8. Televisions with an organic light-emitting diode (OLED) screens* 
  9. OLED-containing desktop monitors, tablets, and laptop computers*

* These devices were added following a rulemaking package approved on December 20, 2021 and became effective July 1, 2022. For more information regarding this package, refer to our Laws and Regulations webpage.

For more information regarding CEDs, refer to our Covered Electronic Devices webpage. 

Who are e-waste generators, collectors, and recyclers?

Who is a generator?

Who is a collector?

Who is a recycler?

Generator

A universal waste handler, as described in California Code of Regulations section 66273.9, who is “any person, by site, whose:

  1. “act or process produces hazardous waste identified or listed in Chapter 11 of the California Code of Regulations of this division or whose act first causes a hazardous waste to become subject to regulation, or
  2. “whose act or process produces universal waste or whose act first causes a universal waste to become subject to regulation.”

Refer to Section 66273.3(c) of Title 22 of the California Code of Regulations for a further description of what “generation of waste electronic devices” includes.

 

Note Households and conditionally exempt small quantity universal waste generators (CESQUWGs) are exempt from the requirements of the universal waste regulations. These groups are not exempt from the requirements of the Universal Waste Rule. This Rule prohibits them from disposing of e-waste in the trash.

For more information about these exemptions, refer to DTSC’s Universal Waste and How to Handle it Fact Sheet.

Collector

A universal waste handler, as described in section 66273.9 of the California Code of Regulations, who is:

  1. “the owner or operator of a facility that receives waste [including e-waste] from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, destination facility, or foreign destination;” or
  2. “the owner or operator of a facility who is authorized to [manage] universal waste according to” section 66273.71 of the California Code of Regulations. These authorized activities include only “the removal of discrete assemblies such as batteries or ink cartridges from electronic devices,” and their removal must only be performed “in the manner described in the operating manual.”

How is a “collector” different than a “generator” if they both collect electronic waste and send it off-site for recycling?

Electronic waste generators handle electronic waste that was generated as a result of the facility’s operations. An electronic waste generator DOES NOT collect electronic waste from off-site (i.e., from the public; from other facility locations—even if these facilities all operate under a single business).

Electronic waste collectors handle electronic waste from off-site sources (e.g., public, off-site businesses, government, other electronic waste handlers)

How is a “collector” different than a “generator” if they both collect electronic waste and send it off-site for recycling?

Electronic waste generators handle electronic waste that was generated as a result of the facility’s operations. An electronic waste generator DOES NOT collect electronic waste from off-site (i.e., from the public; from other facility locations—even if these facilities all operate under a single business).

Electronic waste collectors handle electronic waste from off-site sources (e.g., public, off-site businesses, government, other electronic waste handlers)

Recycler

A universal waste handler who treats electronic devices, cathode ray tubes (CRTs), CRT glass or residual printed circuit boards.

Authorized treatment processes include:

  • Dismantling electronic devices
  • Removing yokes from CRTs
  • Physical treatment such as cutting, breaking, and shredding
  • Physical separation based on properties such as size, density, and magnetic character
  • Use of pinpoint torch/hot wire
  • Sampling, burning, and ball milling

Authorized treatments DO NOT include:

  • Using chemicals (including water)
  • Using external heat
  • The treatment of any electronic device containing: Polychlorinated biphenyls (PCBs), medical waste, radioactive material, reactive material, or ignitable material

There are two types of “recycler,” and your classification is based on the e-waste handling activities that you perform:

Dismantler

  • Dismantling electronic devices (including CRT devices) into only their respective components using manual methods, hand tools, or mechanical separation of parts only. Treatment residuals are components of the electronic device (e.g., circuit boards, integrated circuits, metals, plastic, wiring, universal waste batteries and lamps, etc.).
  • Removing yokes from CRTs without breaking glass
  • Perform size reduction activities (e.g., crushing, compacting) on electronic devices without producing hazardous waste residuals (e.g. hazardous metals dust)
  • Perform physical separation on electronic devices based on properties such as size, color, density, or ferromagnetism

Treatment facility

Performing treatment methods on electronic devices and/or residual printed circuit boards that may produce hazardous waste residuals. These treatment methods include:

  • Physical size reduction (e.g., cutting, breaking, shredding, crushing)
  • Physical separation based on properties such as size, color, density, or ferromagnetism
  • Sampling, ashing (i.e., burning), and ball-milling 

CRT and/or CRT glass treatment including any of the following methods:

  • Breaking CRT glass
  • Physical size reduction activities (e.g., cutting, breaking, shredding, crushing)
  • The use of pinpoint torch or hot wire to separate panel from funnel

Note If you plan to use chemicals, including water, or external heat during treatment, or if the electronic device contains any of the prohibitory components listed, your facility would be classified as a hazardous waste facility, not a universal waste handler. If that is the case, you must operate following the regulations in California Code of Regulations, division 4.5, chapters 14,15,16,18, 20, and 22.

Refer to California Code of Regulations, chapter 23, article 7 for information regarding authorized recycling activities of electronic waste.

Guidance documents for e-waste collectors and recyclers

Inspections

Handlers who treat or recycle CRT materials or universal waste electronic devices are subject to inspection to verify their compliance with DTSC’s regulations. Typically, the inspection will occur between 30-45 days after submitting your notification. 

E-waste testing

DTSC’s Environmental Chemistry Laboratory (ECL) has analyzed e-waste to determine if it is hazardous. The following provide information on the results of some of the testing that the ECL has conducted.

Newsletters

These archived newsletters were sent out via e-mail:

Questions? Contact us at electronicwaste@dtsc.ca.gov.

Last updated: January 6, 2025

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