BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 489|
          |Office of Senate Floor Analyses   |                              |
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                                   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  








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             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  








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          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.









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           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 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  
          one-time costs of $28,000 from the Toxic Substances Control  
          Account (General Fund) to resubmit universal waste regulations  








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          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  
          panels and treat them as universal waste.









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          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          5/1/15 15:09:31


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