The California Department of Resources Recycling and Recovery (CalRecycle) is currently working on a rulemaking to implement SB 1215, which revised the state’s Covered Electronic Waste Recycling Program (E-Waste Recycling Program) to include covered battery-embedded products. 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.” Notably, products that meet the federal definition of an “electronic nicotine delivery system” (ENDS) are excluded from California’s E-Waste Recycling Program. These include e-cigarettes, e-hookahs, e-cigars, vape pens, advanced refillable personal vaporizers, e-pipes and any component, part, or accessory of such devices.

The purpose of SB 1215 is to improve the safe collection and recycling of batteries in products and reduce fires from improper disposal. Managing disposal of ENDS, which have special disposal considerations due to the presence of nicotine, arguably goes beyond this limited objective. As there is no separate EPR program for ENDS, either in California or elsewhere (although some states, like New York, are considering such programs), individuals and businesses should continue to consult guidance from the U.S. Environmental Protection Agency (EPA) or their local waste management services for proper disposal of these products. More information on the SB 1215 rulemaking is available here.