BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                            Senator Bob Wieckowski, Chair
                                2015 - 2016  Regular 

          Bill No:           SB 489           Hearing Date:    4/15/2015
           ----------------------------------------------------------------- 
          |Author:   |Monning                                               |
          |----------+------------------------------------------------------|
          |Version:  |4/6/2015                                              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:      |Yes             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Rachel Machi Wagoner                                  |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          
          Subject:  Hazardous waste:  photovoltaic modules


            ANALYSIS:                                                     
          
          Existing federal law:

          1. 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 California law:

          1. Under the Hazardous Waste Control Act (HWCA), provides 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  







          SB 489 (Monning)                                        Page 2  
          of ?
          
          
             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. HWCA authorized 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:  

          1. Makes findings regarding the need to have a plan for the  
             end-of-life of photovoltaic modules that does not create an  
             additional burden on California's already strained solid  
             waste landfills.

          2. States that it is the intent of the Legislature to encourage  
             the photovoltaic industry to develop and implement recycling  
             policies and programs to reduce the waste generated by this  
             waste stream in an economically efficient manner that does  
             not burden consumers.

          3. Provides DTSC the statutory authority to adopt regulations to  
             designate 
             end-of-life photovoltaic modules that are 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.








          SB 489 (Monning)                                        Page 3  
          of ?
          
          

          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  
               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.

          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 DTSC to adopt  
          new universal waste regulations.








          SB 489 (Monning)                                        Page 4  
          of ?
          
          

            Comments
          
          1. Purpose of Bill.  

             According to the author, photovoltaic modules (PV), commonly  
             referred to as solar panels, have varying useful lives with  
             some estimates ranging from 25-40 years.  As part of  
             California's effort to invest in solar installation, it is  
             critical to consider its inevitable waste stream by making it  
             easier for end-users to properly dispose and recycle these PV  
             modules, promote efforts that provide a comprehensive system  
             for take-back and recycling, and discourage disposal to  
             landfills. 

             DTSC does not currently have statutory authority to designate  
             hazardous waste photovoltaic modules as universal waste. This  
             authorization is necessary to allow DTSC to proceed with  
             attempted regulations.  For the PV panels determined to be  
             hazardous waste, the regulations would have created an  
             exemption to hazardous waste requirements for PV panels and  
             treat them as universal waste.

             DTSC plans to pursue obtaining federal authorization from the  
             US EPA to implement the federal Universal Waste Regulations  
             in California-a process that was initiated by DTSC in 2003,  
             but was never completed.  Upon approval by the US EPA and  
             assuming state authorization is provided, DTSC intends to  
             reintroduce this rulemaking for Proposed Management Standards  
             for Hazardous Waste PV Modules.

             The author states that currently, there is ambiguity on  
             whether PV modules are hazardous waste per California law.   
             Furthermore the author believes the solar industry may assume  
             that the majority of PV modules are silicon-based solar  
             modules that are non-hazardous, but this might not  
             necessarily be true for certain older modules that are still  
             in service.   The author asserts that the only way to  
             comprehensively understand this issue is to conduct Toxicity  
             Characteristics Leaching Procedures/Total Threshold Leaching  
             Concentration/Soluble Threshold Leaching Concentration  
             (TCLP/TTLC/STLC) analytical testing for the variety of  
             modules manufacturers have manufactured over time and that  
             assumes each manufacturer has actually conducted these waste  








          SB 489 (Monning)                                        Page 5  
          of ?
          
          
             characterization tests on their modules and is willing to  
             provide the analytical data.  Because of this ambiguity, it  
             is unclear whether PV modules can or should be disposed in a  
             solid waste landfill.

             The author states that while some PV module companies may  
             provide take-back and recycling services for their  
             end-of-life PV modules, there is no comprehensive industry  
             standard or system in place to deal with all PV modules.

             The author concludes that because California leads the nation  
             in solar installation, it is equally critical that the state  
             lead with addressing the inevitable entry of solar panels  
             into the waste stream by making it easier for end-users to  
             properly dispose and recycle these PV modules, promote  
             efforts that provide a comprehensive system for take-back and  
             recycling, and discourage disposal to landfills.  While it is  
             predicted that waste from PV modules will not be a large  
             scale problem before the year 2020, we need to prepare for  
             this waste stream now.  Ensuring that these clean, renewable  
             energy systems are not wastefully discarded in landfills is  
             crucial. SB 489 will send a signal to the solar industry and  
             markets that they need to prepare for sustainable end of life  
             practices.

          2. 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.   As we  
             progress with growing this important source of energy for  
             California, it is also prudent to begin the discussion of how  
             the waste from the spent photovoltaic modules will be handled  
             and develop a system for the most environmentally sound  
             reuse, recycling and disposal at the end-of-life in order to  
             prevent creating a waste problem from an energy solution.

            Related/Prior Legislation








          SB 489 (Monning)                                        Page 6  
          of ?
          
          
             
             SB 1020 (Monning, 2013) would have 1) authorized DTSC to  
             develop universal waste regulations for photovoltaic modules  
             and 2) required an photovoltaic module industry end-of-life  
             take-back program as specified.  The bill was held in the  
             Senate Committee on Environmental Quality at the request of  
             the author.

            SOURCE:                    Senator Monning  

           SUPPORT:               
          Californians Against Waste
          Recycle Smart
          Silicon Valley Toxics Coalition
          Solid Waste Association of North America, California Chapters
           
           OPPOSITION:    
          None on file 

           
                                          
                                      -- END --