BILL ANALYSIS Ó
SB 489
Page 1
SENATE THIRD READING
SB
489 (Monning)
As Amended August 24, 2015
Majority vote
SENATE VOTE: 35-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Environmental |7-0 |Alejo, Dahle, | |
|Safety | |Gallagher, Gonzalez, | |
| | |Gray, McCarty, Ting | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |16-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Jones, Quirk, | |
| | |Rendon, Wagner, Weber, | |
| | |Wood | |
| | | | |
| | | | |
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SB 489
Page 2
SUMMARY: Authorizes photovoltaic modules (known as solar
panels) to be managed as universal waste. Specifically, this
bill:
1)States the intent of the Legislature to foster a comprehensive
and innovative system for the reuse, recycling and proper and
legal disposal of end-of-life photovoltaic modules.
2)States the intent of the Legislature to encourage the
photovoltaic module industry to make end-of-life management of
photovoltaic modules convenient for consumers and the public,
in order to ensure the recovery of photovoltaic modules, by
developing a plan for recycling end-of-life photovoltaic
modules.
3)Authorizes the Department of Toxic Substances Control (DTSC)
to designate end-of-life photovoltaic modules that are
identified as hazardous waste as a universal waste and subject
those modules to universal waste management.
EXISTING LAW:
1) Requires, pursuant to the Integrated Water Management
Act of 1989, each city and county in California to
implement a plan to divert 25% of its waste stream by 1995
and 50% of its waste stream starting in 2000. (Public
Resources Code (PRC) Section 41780 et seq.)
2) Requires the California Department of Resources
Recycling and Recovery (CalRecycle) to coordinate with DTSC
to develop and implement a public information program to
provide uniform and consistent information on the proper
disposal of hazardous substances found in and around homes,
and to assist the efforts of counties required to provide
household hazardous waste collection, recycling, and
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disposal programs. (PRC Sections 47050 to 47051)
3) Requires, by December 31, 2020, 33% of total retail
sales of electricity in California to be generated from
eligible renewable energy resources, including from solar
energy. (Public Utilities Code (PUC) Sections 399.11 to
399.32)
4) Defines "solar energy system" as a solar energy device
that has the primary purpose of providing for the
collection and distribution of solar energy for the
generation of electricity, that produces at least one
kilowatt, and produces not more than five megawatts,
alternating current rated peak electricity, and that meets
or exceeds the eligibility criteria established by the
commission or the California Energy Commission. (PUC
Section 2852)
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill will likely result in 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 Photovoltaic (PV) modules.
COMMENTS:
Need for this bill: According to the author, "PV 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 PV
modules, promote efforts that provide a comprehensive system for
take-back and recycling, and discourage disposal to landfills?
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"While some PV module companies may provide take-back and
recycling services for their end-of-life PV modules, there is no
comprehensive industry standard or system in place to deal with
all PV modules?
"SB 489 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 recycle
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
CRVs [cathode ray tubes]."
Life expectancy of a solar panel: According to the Solar Energy
Industries Association, "[Solar panels] are designed to last
more than 25 years, and many manufacturers back their products
with performance guarantees backed by warranties. The lifespan
of a [solar panel] is approximately 20-30 years, while the
lifetime of an inverter is approximately 10 years. Therefore,
many solar products have not yet reached end-of-life, and in
fact, panels installed in the early 1980s are still performing
at levels nearly equal to the installation performance level.
Thus, even accounting for the dramatic growth of the industry,
annual [solar panel] waste will not exceed 10,000 tons until
after 2014, and will not exceed 100,000 tons until after 2017."
Solar energy is ever-growing: Under California law, the
Renewable Portfolio Standard requires 33% of all of California's
energy to be generated from eligible renewable energy resources,
including solar energy, by 2020. Governor Brown made statements
in his January 5, 2015, Inaugural Address proposing to increase,
from one-third to 50% our electricity derived from renewable
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sources, and there are multiple pending legislative proposals to
codify that proposal. If an increase in the RPS mandate is
successful, there will likely be a significant uptick in solar
panel installations and, therefore, eventual solar panel
disposal.
Current regulatory thinking on governing solar panel disposal:
Given that solar panels can be recycled and that portions of the
panels can be reclaimed for use in new panels, or used in other
products such as fiberglass, DTSC proposed amending its
regulations to manage solar panels that are a hazardous waste as
a universal waste.
However, on October 8, 2013, the Office of Administrative Law
(OAL) disapproved the proposed regulations citing the expired
statute authorizing DTSC to adopt new universal waste
regulations.
After consideration of OAL's concerns, DTSC decided to withdraw
the proposed solar panel regulations package. DTSC plans to
pursue obtaining authorization from the United States
Environmental Protection Agency to implement the federal
Universal Waste Regulations in California - a process that was
initiated by DTSC in 2003, but was never completed. Upon
completion of the application for RCRA Authorization and
approval by the United States Environmental Protection Agency,
DTSC intends to reintroduce this rulemaking for Proposed
Management Standards for Hazardous Waste Photovoltaic Modules.
Extended producer responsibility (EPR): This bill is
essentially calling on solar panel manufacturers to establish an
EPR framework for spent solar panels.
By shifting costs and responsibilities of product disposal to
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producers and others who directly benefit, EPR provides an
incentive to eliminate waste and pollution through product
design changes.
Analysis Prepared by:
Paige Brokaw / E.S. & T.M. / (916) 319-3965 FN:
0001489