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 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 SB 489 Page 5 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. SB 489 Page 6 Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108 5/1/15 15:09:31 **** END ****