Bill Text: CA SB489 | 2015-2016 | Regular Session | Chaptered
Bill Title: Hazardous waste: photovoltaic modules.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-01 - Chaptered by Secretary of State. Chapter 419, Statutes of 2015. [SB489 Detail]
Download: California-2015-SB489-Chaptered.html
BILL NUMBER: SB 489 CHAPTERED
BILL TEXT
CHAPTER 419
FILED WITH SECRETARY OF STATE OCTOBER 1, 2015
APPROVED BY GOVERNOR OCTOBER 1, 2015
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY AUGUST 24, 2015
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JUNE 23, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Monning
FEBRUARY 26, 2015
An act to add Article 17 (commencing with Section 25259) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 489, Monning. Hazardous waste: photovoltaic modules.
The Hazardous Waste Control Law, among other things, vests the
Department of Toxic Substances Control with the authority to regulate
the generation and disposal of hazardous waste. Under now-expired
authority, the department adopted regulations exempting specified
hazardous waste management activities from certain statutory
requirements related to hazardous waste management. These regulations
are to remain valid unless repealed. A violation of the Hazardous
Waste Control Law, including a regulation adopted pursuant to that
law, is a crime. Under existing law, the hazardous wastes that are
deemed exempt from the Hazardous Waste Control Law are known as
"universal waste" and are regulated pursuant to universal waste
management provisions.
This bill would authorize the department to adopt regulations 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. The bill would authorize the department
to revise the regulations as necessary. Because a violation of these
regulations would be a crime, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) California has adopted policies that have contributed to
making the state a leader in the installation of solar energy systems
and have resulted in a substantial increase in solar energy
utilization by homes, businesses, and utilities.
(2) These policies include the California Solar Initiative
(Chapter 8.8 (commencing with Section 25780) of Division 15 of the
Public Resources Code), the state's net energy metering program, and
the California Renewables Portfolio Standard Program (Article 16
(commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division
1 of the Public Utilities Code).
(3) Existing solar energy systems use photovoltaic technology to
capture sunlight and convert it into electricity until the end of
their useful lives, estimated to be between 25 and 40 years. Today, a
wide variety of solar photovoltaic technologies, manufactured using
processes and materials similar to those of the microelectronics
industry, contribute to California's solar energy portfolio.
(4) The numerous renewable and customer-generated solar programs
in California have led to a rapid expansion of solar energy systems
and have given rise to an emerging photovoltaic industry. An
increasing amount of end-of-life photovoltaic modules can be expected
from 2020 onwards in California. It is critical to consider the
end-of-life issues associated with photovoltaic modules. Recycling is
the most sustainable way to manage end-of-life photovoltaic modules.
(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 recovery and recycling of photovoltaic modules,
which is the most efficient and environmentally safe disposition of
end-of-life photovoltaic modules, by developing a plan for recycling
end-of-life photovoltaic modules in the state in an economically
efficient manner.
(3) Reduce the likelihood of end-of-life photovoltaic modules
being disposed of in landfills.
(c) It is further the intent of the Legislature that photovoltaic
modules should be designed for extended life, repair, and reuse, and
that collection and recycling services should be promoted.
SEC. 2. Article 17 (commencing with Section 25259) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 17. Photovoltaic Modules
25259. The department may, by regulation, designate end-of-life
photovoltaic modules that are identified as hazardous waste as a
universal waste and subject those modules to universal waste
management. The department may revise these regulations as necessary.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
