BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 489  


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          Date of Hearing:  July 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 489  
          (Monning) - As Amended June 23, 2015


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          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  








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          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  








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            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.










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          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  








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                 prohibiting  end-of-life photovoltaic modules from  
                  entering   being disposed in  landfills.





          Analysis Prepared by:Nikita Koraddi/ Jennifer Galehouse / APPR.  
          / (916) 319-2081