BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular
SB 489 (Monning) - Hazardous waste: photovoltaic modules
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|Version: April 6, 2015 |Policy Vote: E.Q. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: April 27, 2015 |Consultant: Marie Liu |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: SB 489 would authorize the Department of Toxic
Substances Control (DTSC) to regulate end-of-life photovoltaic
(PV) modules as universal waste.
Fiscal
Impact: One-time costs of $28,000 from the Toxic Substances
Control Account (General Fund) to resubmit universal waste
regulations for PV modules.
Background: The federal Resource Conservation and Recovery Act requires
the US Environmental Protection Agency (US EPA) to establish
standards and regulations for the management and disposal of
hazardous materials and waste. For certain widely generated
wastes, known as "universal wastes," US EPA established
streamlined hazardous waste management standards. Federal
universal wastes include batteries, pesticides,
SB 489 (Monning) Page 1 of
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mercury-containing equipment, and light bulbs. The federal law
allows states to create additional universal waste laws.
Existing California law, known as the Hazardous Waste Control
Act (HWCA), requires DTSC to implement and enforce hazardous
waste management. At one time, DTSC had authority under the HWCA
to adopt new universal waste regulations. However, this
authority sunsetted in 2008.
Proposed Law:
This bill would authorize, but not require, DTSC to designate
and manage end-of-life PV modules as universal waste. This bill
would also make several legislative findings and declarations to
this effect.
Staff
Comments: In 2013, DTSC prepared proposed regulations that
would have created universal waste regulations for PV modules.
However, The Office of Administrative Law disapproved the
proposed regulations for several reasons, including that DTSC
was no longer authorized to adopt new universal waste
regulations. This bill would grant DTSC the authority it would
need to proceed again with its universal waste regulations for
PV modules.
Because DTSC already prepared proposed regulations, the majority
of the work has already been completed. DTSC will still incur
additional workload at a cost of approximately $28,000 to go the
regulation adoption process including making any necessary
changes to the proposed regulations.
Staff notes that this bill is tagged as a state-mandated local
program as this bill creates a new crime as violations of new
regulations are crimes. However, such costs are not reimbursable
under the California Constitution.
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