BILL ANALYSIS Ó
SB 489
Page 1
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 489
(Monning) - As Amended June 23, 2015
-----------------------------------------------------------------
|Policy |Environmental Safety and Toxic |Vote:|7 - 0 |
|Committee: |Materials | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill authorizes the Department of Toxic Substances Control
(DTSC) to regulate and manage end-of-life photovoltaic (PV)
modules (i.e. solar panels) that are identified as hazardous
SB 489
Page 2
waste as universal waste.
FISCAL EFFECT:
Potential one-time cost for DTSC of approximately $27,000
(Hazardous Waste Control Account) to prepare the documents
required to resubmit the universal waste regulations for PV
modules.
COMMENTS:
1)Purpose. According to the author, this bill allows for a
universal waste designation for hazardous waste PV modules,
which will provide flexibility for companies or third parties
to develop more effective and cost efficient methods of
handling PV modules within a take-back and recycling program.
Universal waste designation relieves the burden of meeting
some of the state's rigorous hazardous waste laws and allows
the waste to be streamlined in existing systems for proper
management - similar to electronic devices, batteries, or
cathode ray tubes.
2)Background. The federal Resource Conservation and Recovery Act
(RCRA) directs the US Environmental Protection Agency (US EPA)
to establish a system for managing hazardous waste from the
time it is generated to its ultimate disposal. In 1992, DTSC
received authorization from US EPA to implement and enforce
RCRA hazardous waste requirements in California.
California's Universal Waste Rule allows individuals and
businesses to transport, handle and recycle certain common
SB 489
Page 3
hazardous wastes - referred to as universal wastes -
differently than the requirements for most hazardous wastes.
Universal wastes, such as batteries and fluorescent tubes, are
subject to streamlined hazardous waste management standards
and cannot be discarded in household trash or disposed of in
landfills.
In recent years, California has seen a growing number of solar
energy system installations that use PV technology to capture
sunlight and convert that energy into electricity. The
estimated useful life for PV modules ranges from 25-40 years.
According to the author, 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 and foster a
comprehensive system for take-back and recycling.
In 2009, DTSC determined that most solar panels on the market
do not fail the federal hazardous waste criteria for toxicity,
and some solar panels would likely only be classified as
hazardous waste under California hazardous waste criteria for
toxicity. Furthermore, given that solar panels can be recycled
and portions of the panels can be reclaimed for other uses,
DTSC prepared proposed regulations to manage solar panels that
are identified as hazardous waste as a universal waste.
However, in 2013, the Office of Administrative Law (OAL)
disapproved the proposed regulations due to DTSC's expired
statutory authority to adopt new universal waste regulations.
This bill grants DTSC the authority it needs to resubmit its
universal waste regulations for PV modules.
SB 489
Page 4
3)Related Legislation. SB 1020 (Monning, 2014) would have
classified solar panels with hazardous waste properties as
universal waste. The bill would also have required
manufacturers of solar panels to have a take-back and
recycling plan. SB 1020 bill was held by the author in the
Senate Environmental Quality Committee.
4)Author's Amendment. This bill contains uncodified intent
language related to the state's need for a comprehensive
take-back and recycling program for used solar panels. A
previous version of the bill included a landfill ban, and the
author wishes to amend the bill to make a conforming change in
the intent language to no longer reference a landfill ban as
follows:
Section 1
b) It is the intent of the Legislature to do all of the
following:
(1) Foster a comprehensive and innovative system for the
reuse, recycling, and proper and legal disposal of
end-of-life photovoltaic modules.
(2) Encourage the photovoltaic module industry to make
end-of-life management of photovoltaic modules convenient
for consumers and the public, to ensure the return and
recycling of photovoltaic modules, which is the most
efficient and environmentally safe disposition of
end-of-life photovoltaic modules, by creating a
photovoltaic module recycling organization to develop a
plan for recycling end-of-life photovoltaic modules in
the state in an economically efficient manner.
(3) Reduce the likelihood of improper disposal by
SB 489
Page 5
prohibiting end-of-life photovoltaic modules from
entering being disposed in landfills.
Analysis Prepared by:Nikita Koraddi/ Jennifer Galehouse / APPR.
/ (916) 319-2081