BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 489|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 489
Author: Monning (D)
Amended: 4/6/15
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
SUBJECT: Hazardous waste: photovoltaic modules
SOURCE: Author
DIGEST: This bill makes findings regarding the need to have a
plan for the end-of-life of photovoltaic modules and states that
it is the intent of the Legislature to encourage the
photovoltaic industry to develop and implement recycling
policies and reduce waste. This bill provides the Department of
Toxic Substances Control (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.
ANALYSIS:
Existing 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
SB 489
Page 2
facilities. HWCA requires the 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) 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
SB 489
Page 3
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
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.
SB 489
Page 4
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.
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 concentrated solar power and 5,183 MW of
photovoltaics 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 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, there are
SB 489
Page 5
one-time costs of $28,000 from the Toxic Substances Control
Account (General Fund) to resubmit universal waste regulations
for photovoltaic modules.
SUPPORT: (Verified4/27/15)
ACR Solar International Corp.
California Product Stewardship Council
Californians Against Waste
Los Angeles County Solid Waste Management Committee
Recycle Smart
Sierra Club California
Silicon Valley Toxics Coalition
Solar Energy Industries Association
SolarCity
Solid Waste Association of North America, California Chapters
OPPOSITION: (Verified4/27/15)
None received
ARGUMENTS IN SUPPORT: According to the supporters,
photovoltaic modules, 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 photovoltaic 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 photovoltaic panels determined
to be hazardous waste, the regulations would have created an
exemption to hazardous waste requirements for photovoltaic
SB 489
Page 6
panels and treat them as universal waste.
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
4/29/15 16:48:03
**** END ****