Updated: January 2026
 

SEMA is pleased to provide our members with information on California’s Responsible Battery Recycling Act (established by AB 2440 (Irwin, 2022)). Please note that CalRecycle is implementing the Act through regulations and program rollout activities, and specific compliance details may evolve as the rulemaking process continues. Below is an overview of the current law with links to official resources. These materials are for information only and are current as of January 2026 (noting that the law and implementing regulations are subject to change).

If you have questions or need further information, please email SEMA Government Affairs at stateleg@sema.org. SEMA can refer members to appropriate resources upon request.
 

OVERVIEW

California’s “Responsible Battery Recycling Act of 2022” was established by Assembly Bill (AB) 2440. It creates an extended producer responsibility (EPR) program that makes battery producers responsible for funding and operating a statewide system to collect and recycle certain “covered batteries” sold into California, defined as a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. CalRecycle administers the program and is developing regulations to implement. 

Most important for the automotive aftermarket is AB 2440, which focuses on small batteries that are sold separately or easily removable by the user, such as the ubiquitous AA, AAA, and 9-volt batteries. The law explicitly excludes several categories commonly associated with traditional automotive applications, including lead-acid batteries and batteries contained in motor vehicles (with limited carve-outs listed in the statute).

AM I IMPACTED? (LITMUS TEST)

AB 2440 is most likely relevant to your products if you answer YES to either question below:

1) Do you sell batteries by themselves in California (i.e., a loose battery SKU sold separately)?

2) Do you sell a product that includes a battery that is either:

• packed with the product but NOT installed, OR
• designed to be easily removed by the user with NO MORE than common household tools?

If you answered NO to both, AB 2440 is unlikely to apply to that battery/product.

Covered Batteries (may be image similar to the CalRecycle website)

Include loose primary and rechargeable batteries:

• Sold separately from a product
• Individually packed with a product
• Designed to be easily removed from a product with no more than common household tools

Does not include:

• Primary 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
• Recalled batteries

Traditional lead‑acid automotive batteries and most batteries “contained in a motor vehicle” are generally outside AB 2440’s scope because they are excluded by the statute.

WHO IS RESPONSIBLE & WHAT MEMBERS SHOULD DO

AB 2440 assigns obligations primarily to the “producer” of a covered battery. In plain terms, the “producer” is typically the manufacturer that owns or licenses the brand/trademark associated with the battery. If there is no such producer in California, responsibility can shift down the chain based on the statute’s tiered definition (potentially to a brand owner/licensee in-state, or to an importer, distributor, or seller, depending on the facts). AB 2440 also defines “retailer” broadly to include sales into California by any means, including online sales.

1) If you sell covered batteries as products (loose battery SKUs)

• List the battery SKUs you sell into California.

• Identify the battery “producer” for those brands (brand owner/manufacturer first; then statutory fallback categories if needed).

• Monitor CalRecycle Battery Stewardship and AB 2440 rulemaking updates for program implementation details.

2) If you sell products that include batteries (aftermarket manufacturers/brands)

• Flag products where a battery is packed‑but‑not‑installed or user‑removable with common household tools.

• Ask your battery supplier/brand owner what they are doing to comply (AB 2440 is producer‑driven).

3) If you are a retailer/distributor/e‑commerce seller

• Identify any covered battery brands you sell into California.

• Prepare a process to confirm those brands’ producer compliance once CalRecycle publishes compliance information (AB 2440 requires CalRecycle to post a list of compliant producers/brands and includes statutory sales restrictions tied to that list after plan approval, as described in the chaptered bill text).

Note: AB 2440 authorizes CalRecycle enforcement, including administrative civil penalties, as specified in statute. These penalties can be assessed at up to $10,000 per day, with higher penalties for intentional/knowing/reckless violations of up to $50,000 per day.

TIMING

AB 2440 directs CalRecycle, in consultation with the Department of Toxic Substances Control (DTSC), to adopt implementing regulations with an effective date of no earlier than April 1, 2025. CalRecycle also publishes an anticipated timeline tied to when regulations become effective (including plan submission/approval and implementation milestones). CalRecycle has also stated that formal rulemaking documents will be published once it files a formal public notice of the proposed regulations with the Office of Administrative Law (OAL). SEMA understands that formal rulemaking is expected to begin in early 2026.

Additional resources:

• California’s Responsible Battery Recycling Act of 2022 (AB 2440): Codes: Code Search

• CalRecycle Battery Stewardship (covered/excluded summary + timeline): https://calrecycle.ca.gov/epr/batteries/
• CalRecycle AB 2440 rulemaking/regulations status: https://calrecycle.ca.gov/laws/rulemaking/rbrar/