CalRecycle & AB 2440 — What Battery Producers Need to Know

Jun 9, 2025

By: Christopher Smith, Esq., Steven Werth, Esq., and Katherine Meek, Esq.

California’s Department of Resources Recycling and Recovery (“CalRecycle”) is soliciting feedback on its proposed AB 2440 (the “Act”), also known as the Responsible Battery Recycling Act of 2022. The purpose of the Act is to create a private sector-funded system for small battery recycling. The Act is one of many ongoing efforts by California to implement Extended Producer Responsibility (EPR) on product producers. The regulatory obligations in the ACT are targeted at producers of smaller batteries, excluding batteries over 2 kilograms, rechargeable batteries over 5 kilograms and 300 watt-hours, lead-acid batteries, motor vehicle batteries, fuel cell electrical generating facilities, medical devices used or prescribed by healthcare providers, and recalled batteries.

Regulatory obligations under the Act will be enforced on Producers (e.g., all California companies who are importers, distributors, or retailers of batteries) based on whether their battery products are covered products under the Act. For those covered products, the Act requires the Producers to fund, implement, and maintain a Stewardship Plan (e.g., within nine (9) months of the effective date of regulations adopted by CalRecycle)—which is a detailed program outlining how covered batteries will be collected, transported, and recycled throughout the state. This Stewardship Plan must be submitted to CalRecycle for approval annually and updated regularly. Producers must also ensure that convenient collection sites are available to consumers and that public education is part of the program.

The Act is one of many legal and regulatory actions taken by California to further establish the EPR model in the state, holding the Producers financially responsible for the end-of-life management of their covered products. Other EPR actions taken by California that are already in place, or will be in the future, include the SB 54 (the Plastic Pollution Prevention and Packaging Producer Responsibility Act) and SB 343 (Accurate Recycling Labels).

Consequences of failing to comply with the Act’s recordkeeping and annual reporting requirements are significant, including civil penalties of up to $50,000 per day. Similarly, consequences for failing to comply with other EPR laws, like SB 54 and SB 343, are equally costly.

If you have questions or need expert guidance on the Act, SB 54, SB 343, or any other EPR-related laws or regulations, Greenspoon Marder’s Environmental practice group is here to help. Our team has extensive experience advising product producers, manufacturers, importers, distributors, and retailers, helping them navigate through complex regulatory landscapes and achieve compliance. Contact Christopher Smith at [email protected] to learn how we can support your business.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Previous Next

News

CalRecycle & AB 2440 — What Battery Producers Need to Know

Share

News & Events

News & Events