BILL NUMBER: SB 489 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Monning
FEBRUARY 26, 2015
An act to add Article 17 (commencing with Section 25259) to
Chapter 6.5 to Division 20 of the Health and Safety Code, and to add
Chapter 2 (commencing with Section 42030) to Part 3 of Division 30 of
the Public Resources Code, relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 489, as introduced, Monning. Public resources: photovoltaic
modules.
The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
generally regulates the disposal, management, and recycling of solid
waste.
This bill would prohibit an end-of-life photovoltaic module, as
defined, from being disposed of at a solid waste disposal facility or
a hazardous waste disposal facility, except that it would permit
materials that have been separated from an end-of-life photovoltaic
module to be disposed of at a solid waste disposal facility, if those
materials are nonrecyclable and are not identified as hazardous
waste. The bill would make a person who knowingly violates this
provision liable for a civil penalty not to exceed $2,500 for each
violation, as specified. The bill would specify exceptions to this
provision, including that disposal of an end-of-life photovoltaic
module from a photovoltaic system subject to a contractual or
regulatory obligation as of January 1, 2016, to dispose of the system'
s end-of-life photovoltaic module at a solid waste disposal facility
shall be deemed to comply with this provision if a reasonable effort
to recycle or reuse material from the end-of-life photovoltaic module
is made by the owner or operator of the system.
The Hazardous Waste Control Law, among other things, vests the
Department of Toxic Substances Control (department) 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These regulations are to remain valid unless repealed.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.
This bill would prohibit an end-of-life photovoltaic module that
is identified as hazardous waste from being disposed of at a solid
waste disposal facility or a hazardous waste disposal facility,
except that it would permit materials that have been separated from
an end-of-life photovoltaic module that is identified as hazardous
waste to be disposed of at a solid waste disposal facility or
hazardous waste facility, if those materials are nonrecyclable and
are not identified as hazardous waste. The bill also would provide
for a specified exception to this provision. Because a violation of
these provisions 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:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) California's policies, including the policies reflected in the
California Solar Initiative (Chapter 8.8 (commencing with Section
25780) of Division 15 of the Public Resources Code), the state's net
energy metering program, and the California Renewables Portfolio
Standard Program (Article 16 (commencing with Section 399.11) of
Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code),
have made California the leading state in the installation of solar
energy systems by providing ratepayer-funded incentives to eligible
solar energy systems, resulting in substantially increased
utilization by homes, businesses, and utilities.
(2) Existing solar energy systems use photovoltaic technology to
capture sunlight and convert it into electricity until the end of
their useful lives, estimated to be between 25 and 40 years. Today a
wide variety of solar photovoltaic technologies, manufactured using
processes and materials similar to those of the microelectronics
industry, contribute to California's solar energy portfolio.
(3) The numerous renewable and customer-generated solar programs
in California have led to a rapid expansion of solar energy systems
and have given rise to an emerging photovoltaic industry. An
increasing amount of end-of-life photovoltaic panels can be expected
from 2020 onwards in California. It is critical to consider the
end-of-life issues associated with photovoltaic panels. Recycling is
the most sustainable way to manage end-of-life photovoltaic panels.
(b) It is the intent of the Legislature to do all of the
following:
(1) Foster a comprehensive and innovative system for the reuse,
recycling, and proper and legal disposal of end-of-life photovoltaic
panels.
(2) Encourage the photovoltaic panel industry to make end-of-life
management of photovoltaic panels convenient for consumers and the
public, to ensure the return and recycling of photovoltaic panels,
which is the most efficient and environmentally safe disposition of
end-of-life photovoltaic panels.
(3) Reduce the likelihood of improper disposal by prohibiting
end-of-life photovoltaic panels from entering landfills.
(c) It is further the intent of the Legislature that photovoltaic
panels, to the greatest extent feasible, should be designed for
extended life, repair, and reuse, and that collection and recycling
services should be provided for the maximum feasible number of
end-of-life photovoltaic panels.
SEC. 2. Article 17 (commencing with Section 25259) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 17. Photovoltaic Modules
25259. (a) Except as provided in subdivision (b), a person shall
not knowingly dispose of an end-of-life photovoltaic module that is
identified as hazardous waste at a solid waste disposal facility or
hazardous waste disposal facility in the state.
(b) Materials that have been separated from an end-of-life
photovoltaic module that is identified as hazardous waste, if those
materials are nonrecyclable and are not identified as hazardous
waste, may be disposed of at either a solid waste disposal facility
or a hazardous waste disposal facility.
(c) Materials that have been separated from an end-of-life
photovoltaic module, if those materials are nonrecyclable and are
identified as hazardous waste, shall only be handled at an authorized
hazardous waste management facility.
(d) An owner or operator of a solid waste disposal facility or
hazardous waste disposal facility shall not be found in violation of
this section if the owner or operator has done all of the following:
(1) Made a good faith effort to comply with this section.
(2) Posted, in a conspicuous location at the facility, a sign
stating that end-of-life photovoltaic modules shall not be accepted
at the facility.
(3) Notified, in writing, all commercial and government collectors
and haulers known to haul waste to each respective facility that
end-of-life photovoltaic modules shall not be accepted at the
facility.
(e) Nothing in this section authorizes hazardous waste to be
disposed of at a facility that is not authorized to receive and
handle hazardous waste.
(f) The department shall develop ways to inform hazardous waste
disposal facilities and the public of the requirements of this
section.
(g) For purposes of this section, "end-of-life photovoltaic module"
has the same definition as in Section 42030 of the Public Resources
Code.
25259.1. The department may, by regulation, 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 department may revise these regulations as necessary.
SEC. 3. Chapter 2 (commencing with Section 42030) is added to Part
3 of Division 30 of the Public Resources Code, to read:
CHAPTER 2. PHOTOVOLTAIC MODULES
42030. For purposes of this chapter, the following definitions
shall apply:
(a) "End-of-life photovoltaic module" means a photovoltaic module
that has been used and is removed from service in the state and is a
waste, as defined in Section 25124 of the Health and Safety Code. A
photovoltaic module that is designated for refurbishment or reuse is
not an end-of-life photovoltaic module.
(b) "Photovoltaic module" means a device that collects energy from
the sun for the purpose of converting light into electricity for
general electricity use, but does not include solar-powered
electronic devices that have one or more solar cells incorporated
into their structure.
42031. (a) Except as provided in subdivision (b), a person shall
not knowingly dispose of an end-of-life photovoltaic module at a
solid waste disposal facility or a hazardous waste disposal facility
in the state.
(b) Materials that have been separated from an end-of-life
photovoltaic module, if those materials are nonrecyclable and are not
identified as hazardous waste, may be disposed of at a solid waste
disposal facility.
(c) Disposal of an end-of-life photovoltaic module from a
photovoltaic system in the state that is subject to a contractual or
regulatory obligation by the owner or operator of the system as of
January 1, 2016, to dispose of the system's end-of-life photovoltaic
module at a solid waste disposal facility, shall be deemed to comply
with this section if a reasonable effort to recycle or reuse material
from the end-of-life photovoltaic module is made by the owner or
operator of the system, unless that photovoltaic module is identified
as hazardous waste.
(d) A person who knowingly violates this section shall be liable
for a civil penalty not to exceed two thousand five hundred dollars
($2,500) for each violation. A city, a county, a city and county, or
the state may impose the civil liability, and any civil penalties
collected pursuant to this subdivision shall be paid to the office of
the city attorney, city prosecutor, district attorney, or Attorney
General, whichever office brought the action. The penalties collected
pursuant to this section by the Attorney General may be expended by
the Attorney General, upon appropriation by the Legislature, to
enforce this chapter.
(e) An owner or operator of a solid waste disposal facility or
hazardous waste disposal facility shall not be found in violation of
this section if the owner or operator has done all of the following:
(1) Made a good faith effort to comply with this section.
(2) Incorporated the identification and removal of end-of-life
photovoltaic modules as part of the facility's load check program.
(3) Posted, in a conspicuous location at the facility, a sign
stating that end-of-life photovoltaic modules shall not be accepted
at the facility.
(4) Notified, in writing, all commercial and government collectors
and haulers known to haul waste to each respective facility that
end-of-life photovoltaic modules shall not be accepted at the
facility.
(f) Nothing in this section authorizes hazardous waste to be
disposed of at a facility that is not authorized to receive and
handle hazardous waste.
(g) The department shall develop ways to inform solid waste
disposal facilities and the public of the requirements of this
section.
(h) For purposes of this section, "solid waste disposal facility"
does not include a transfer station.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.