Amended in Assembly June 23, 2015

Amended in Senate April 6, 2015

Senate BillNo. 489


Introduced by Senator Monning

February 26, 2015


An act to add Article 17 (commencing with Section 25259) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 489, as amended, Monning. Hazardous waste: photovoltaic modules.

The Hazardous Waste Control Law, among other things, vests the Department of Toxic Substances Control with the authority to regulate the generation and disposal of hazardous waste. Under now-expired authority, the department adopted regulations exempting specified hazardous waste management activities from certain statutory requirements related to hazardous waste management. These regulations are to remain valid unless repealed. A violation of the Hazardous Waste Control Law, including a regulation adopted pursuant to that law, is a crime. Under existing law, the hazardous wastes that are deemed exempt from the Hazardous Waste Control Law are known as “universal waste” and are regulated pursuant to universal waste management provisions.

This bill would authorize the department to adopt regulations to designate end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject those modules to universal waste management. The bill would authorize the department to revise the regulations as necessary. Because a violation of these regulations would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

begin insert

3(1) California has adopted policies that have contributed to
4making the state a leader in the installation of solar energy systems
5and have resulted in a substantial increase in solar energy
6utilization by homes, businesses, and utilities.

end insert
begin delete

7(1) California’s policies, including the policies reflected in

end delete

8begin insert (2)end insertbegin insertend insertbegin insertThese policies includeend insert the California Solar Initiative
9(Chapter 8.8 (commencing with Section 25780) of Division 15 of
10the Public Resources Code), the state’s net energy metering
11program, and the California Renewables Portfolio Standard
12Program (Article 16 (commencing with Section 399.11) of Chapter
132.3 of Part 1 of Division 1 of the Public Utilities begin delete Code), have made
14California the leading state in the installation of solar energy
15systems by providing ratepayer-funded incentives to eligible solar
16energy systems, resulting in substantially increased utilization by
17homes, businesses, and utilities.end delete
begin insert Code).end insert

begin delete

18(2)

end delete

19begin insert(3)end insert Existing solar energy systems use photovoltaic technology
20to capture sunlight and convert it into electricity until the end of
21their useful lives, estimated to be between 25 and 40 years.begin delete Todayend delete
22begin insert Today,end insert a wide variety of solar photovoltaic technologies,
23manufactured using processes and materials similar to those of the
24microelectronics industry, contribute to California’s solar energy
25portfolio.

begin delete

26(3)

end delete

27begin insert(4)end insert The numerous renewable and customer-generated solar
28programs in California have led to a rapid expansion of solar
P3    1energy systems and have given rise to an emerging photovoltaic
2industry. An increasing amount of end-of-life photovoltaic modules
3can be expected from 2020 onwards in California. It is critical to
4consider the end-of-life issues associated with photovoltaic
5modules. Recycling is the most sustainable way to manage
6end-of-life photovoltaic modules.

7(b) It is the intent of the Legislature to do all of the following:

8(1) Foster a comprehensive and innovative system for the reuse,
9recycling, and proper and legal disposal of end-of-life photovoltaic
10modules.

11(2) Encourage the photovoltaic module industry to make
12end-of-life management of photovoltaic modules convenient for
13consumers and the public, to ensure the return and recycling of
14photovoltaic modules, which is the most efficient and
15environmentally safe disposition of end-of-life photovoltaic
16modules, bybegin delete constructingend deletebegin insert creatingend insert a photovoltaic module recycling
17organization to develop a plan for recycling end-of-life photovoltaic
18modules in the state in an economically efficient manner.

19(3) Reduce the likelihood of improper disposal by prohibiting
20end-of-life photovoltaic modules from entering landfills.

21(c) It is further the intent of the Legislature that photovoltaic
22modules should be designed for extended life, repair, and reuse,
23and that collection and recycling services should be promoted.

24

SEC. 2.  

Article 17 (commencing with Section 25259) is added
25to Chapter 6.5 of Division 20 of the Health and Safety Code, to
26read:

27 

28Article 17.  Photovoltaic Modules
29

 

30

25259.  

The department may, by regulation, designate
31end-of-life photovoltaic modules that are identified as hazardous
32waste as a universal waste and subject those modules to universal
33waste management. The department may revise these regulations
34as necessary.

35

SEC. 3.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P4    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



O

    97