Amended in Assembly August 24, 2015

Amended in Assembly July 16, 2015

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 These regulations are to remain valid unless repealed.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:

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 utilization
6by homes, businesses, and utilities.

7(2) These policies include the California Solar Initiative (Chapter
88.8 (commencing with Section 25780) of Division 15 of the Public
9Resources Code), the state’s net energy metering program, and
10the California Renewables Portfolio Standard Program (Article
1116 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of
12Division 1 of the Public Utilities Code).

13(3) Existing solar energy systems use photovoltaic technology
14to capture sunlight and convert it into electricity until the end of
15their useful lives, estimated to be between 25 and 40 years. Today,
16a wide variety of solar photovoltaic technologies, manufactured
17using processes and materials similar to those of the
18microelectronics industry, contribute to California’s solar energy
19portfolio.

20(4) The numerous renewable and customer-generated solar
21programs in California have led to a rapid expansion of solar
22energy systems and have given rise to an emerging photovoltaic
23industry. An increasing amount of end-of-life photovoltaic modules
24can be expected from 2020 onwards in California. It is critical to
25consider the end-of-life issues associated with photovoltaic
P3    1modules. Recycling is the most sustainable way to manage
2end-of-life photovoltaic modules.

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

4(1) Foster a comprehensive and innovative system for the reuse,
5recycling, and proper and legal disposal of end-of-life photovoltaic
6modules.

7(2) Encourage the photovoltaic module industry to make
8end-of-life management of photovoltaic modules convenient for
9consumers and the public, to ensure thebegin delete returnend deletebegin insert recoveryend insert and
10recycling of photovoltaic modules, which is the most efficient and
11environmentally safe disposition of end-of-life photovoltaic
12modules, by begin delete creating a photovoltaic module recycling organization
13to developend delete
begin insert developingend insert a plan for recycling end-of-life photovoltaic
14modules in the state in an economically efficient manner.

15(3) Reduce the likelihood of end-of-life photovoltaic modules
16being disposed of in landfills.

17(c) It is further the intent of the Legislature that photovoltaic
18modules should be designed for extended life, repair, and reuse,
19and that collection and recycling services should be promoted.

20

SEC. 2.  

Article 17 (commencing with Section 25259) is added
21to Chapter 6.5 of Division 20 of the Health and Safety Code, to
22read:

23 

24Article 17.  Photovoltaic Modules
25

 

26

25259.  

The department may, by regulation, designate
27end-of-life photovoltaic modules that are identified as hazardous
28waste as a universal waste and subject those modules to universal
29waste management. The department may revise these regulations
30as necessary.

31

SEC. 3.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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