BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 489|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 489
Author: Monning (D)
Amended: 8/24/15
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/15/15
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 35-0, 5/4/15
AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León,
Fuller, Gaines, Galgiani, Hall, Hernandez, Hertzberg, Hill,
Hueso, Huff, Jackson, Leno, Leyva, Liu, McGuire, Mendoza,
Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan,
Roth, Runner, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Berryhill, Hancock, Lara, Pavley
ASSEMBLY FLOOR: 76-1, 8/27/15 - See last page for vote
SUBJECT: Hazardous waste: photovoltaic modules
SOURCE: Author
DIGEST: This bill authorizes photovoltaic modules (known as
solar panels) to be managed as universal waste.
Assembly Amendments make technical amendments to specify that
photovoltaic modules need to be recovered rather than returned
as part of end-of-life management and remove language requiring
the creation of a "photovoltaic module recycling organization"
by the photovoltaic module industry.
SB 489
Page 2
ANALYSIS: Existing federal law, under the federal Resource
Conservation and Recovery Act of 1976 (RCRA) and subsequent
amendments to RCRA, requires the United States Environmental
Protection Agency (US EPA) to establish standards and
regulations for the management and disposal of hazardous
materials and wastes.
US EPA's universal waste regulations streamline hazardous waste
management standards for federally designated "universal
wastes," which include: batteries, pesticides,
mercury-containing equipment and bulbs (lamps). The regulations
govern the collection and management of these widely generated
wastes and provide that states can modify the universal waste
rule and add additional universal waste(s) as governed by state
hazardous waste laws.
Existing state law:
1)Provides, under the Hazardous Waste Control Act (HWCA), for
the registration, licensure and permitting of hazardous waste
generators, transporters and storage, transfer and disposal
facilities. HWCA requires the Department of Toxic Substances
Control (DTSC) to implement and enforce the Act.
2)Defines "Universal waste" to mean a hazardous waste identified
as a universal waste in Section 66273.9 of Title 22 of the
California Code of Regulations, or a hazardous waste
designated as a universal waste pursuant Health and Safety
Code Chapter 6.5.
3)Authorizes, under HWCA, the DTSC to adopt regulations to allow
for the alternative management of universal waste. The
statutory authority to adopt new universal waste regulations
sunsetted in 2008.
This bill authorizes photovoltaic modules (known as solar
panels) to be managed as universal waste. Specifically, this
bill:
1)States the intent of the Legislature to foster a comprehensive
and innovative system for the reuse, recycling and proper and
legal disposal of end-of-life photovoltaic modules.
SB 489
Page 3
2)States the intent of the Legislature to encourage the
photovoltaic module industry to make end-of-life management of
photovoltaic modules convenient for consumers and the public,
in order to ensure the recovery of photovoltaic modules, by
developing a plan for recycling end-of-life photovoltaic
modules.
3)Authorizes DTSC 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.
Background
What are universal wastes? Universal wastes are hazardous
wastes that are widely produced by households and many different
types of businesses.
California's Universal Waste Rule allows individuals and
businesses to transport, handle and recycle certain common
hazardous wastes, termed universal wastes, in a manner that
differs from the requirements for most hazardous wastes. The
aim of the alternative rule is to acknowledge the ubiquitous
nature of universal waste and provide management rules that
ensure that they are managed safely and are not disposed of in
the trash.
The hazardous waste regulations identify seven categories of
hazardous wastes that can be managed as universal wastes. Any
waste item that falls within one of these waste streams can be
handled, transported and recycled following the simple
requirements set forth in the universal waste regulations.
California Universal Wastes are:
Electronic devices: Includes any electronic device that is a
hazardous waste (with or without a Cathode Ray Tube (CRT)),
including televisions, computer monitors, cell phones, VCRs,
computer CPUs and portable DVD players.
Batteries: Most household-type batteries, including
rechargeable nickel-cadmium batteries, silver button
batteries, mercury batteries, alkaline batteries and other
SB 489
Page 4
batteries that exhibit a characteristic of a hazardous waste.
Electric lamps: Fluorescent tubes and bulbs, high intensity
discharge lamps, sodium vapor lamps and electric lamps that
contain added mercury, as well as any other lamp that exhibits
a characteristic of a hazardous waste. (e.g., lead).
Mercury-containing equipment: Thermostats, mercury switches,
mercury thermometers, pressure or vacuum gauges, dilators and
weighted tubing, mercury rubber flooring, mercury gas flow
regulators, dental amalgams, counterweights, dampers and
mercury added novelties such as jewelry, ornaments and
footwear.
CRTs: The glass picture tubes removed from devices such as
televisions and computer monitors.
CRT glass: A cathode ray tube that has been accidently broken
or processed for recycling.
Non-empty aerosol cans.
Photovoltaic modules as California Universal Waste. The DTSC
submitted in August 2013 a proposed regulation to treat
photovoltaic modules that are a hazardous waste as a universal
waste and to establish standards for alternative management of
hazardous waste solar modules to the Office of Administrative
Law (OAL). On October 1, 2013, the OAL disapproved the proposed
regulations citing the expired statute authorizing the DTSC to
adopt new universal waste regulations.
Solar in California. California is the national leader in
installation and use of renewable energy including solar power.
As of the end of 2013, California had 490 MW of concentrated
solar power and 5,183 MW of photovoltaics capacity in operation.
The American Solar Energy Industries Association reports that a
further 19,200 MW of utility-scale solar projects are under
construction or development in the state as of August 2014.
California leads the nation in the number of homes which have
solar panels installed, totaling over 230,000.
FISCAL EFFECT: Appropriation: No Fiscal
SB 489
Page 5
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee, this bill
will likely result in potential one-time cost for DTSC of
approximately $27,000 (Hazardous Waste Control Account) to
prepare the documents required to resubmit the universal waste
regulations for photovoltaic modules.
SUPPORT: (Verified8/27/15)
ACR Solar International Corp.
Californians Against Waste
California Chapters of the Solid Waste Association of North
America
California Product Stewardship Council
Central Contra Costa Solid Waste Authority
Los Angeles County Solid Waste Management Committee/Integrated
Waste Management Task Force
Rural County Representatives of California
Sierra Club California
Silicon Valley Toxics Coalition
Solar Energy Industries Association
SolarCity
Thousand Oaks, City
OPPOSITION: (Verified8/27/15)
None received
ASSEMBLY FLOOR: 76-1, 8/27/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
SB 489
Page 6
Grove, Hadley, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Williams, Wood,
Atkins
NOES: Wilk
NO VOTE RECORDED: Frazier, Harper, Patterson
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
8/29/15 10:09:07
**** END ****