BILL NUMBER: SB 489 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 23, 2015
AMENDED IN SENATE APRIL 6, 2015
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are to remain valid unless repealed.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:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) California has adopted policies that have contributed to
making the state a leader in the installation of solar energy systems
and have resulted in a substantial increase in solar energy
utilization by homes, businesses, and utilities.
(1) California's policies, including the policies reflected in
(2) These policies include 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.
Code).
(2)
(3) 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 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)
(4) 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 modules can be
expected from 2020 onwards in California. It is critical to consider
the end-of-life issues associated with photovoltaic modules.
Recycling is the most sustainable way to manage end-of-life
photovoltaic modules.
(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
modules.
(2) Encourage the photovoltaic module industry to make end-of-life
management of photovoltaic modules convenient for consumers and the
public, to ensure the return and recycling of photovoltaic modules,
which is the most efficient and environmentally safe disposition of
end-of-life photovoltaic modules, by constructing
creating a photovoltaic module recycling organization to
develop a plan for recycling end-of-life photovoltaic modules in the
state in an economically efficient manner.
(3) Reduce the likelihood of improper disposal by prohibiting
end-of-life photovoltaic modules from entering landfills.
(c) It is further the intent of the Legislature that photovoltaic
modules should be designed for extended life, repair, and reuse, and
that collection and recycling services should be promoted.
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. 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. 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.