Hazardous waste: solar photovoltaic modules., the official text

An act to amend Section 25259 of, and to add Section 25259.1 to, the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires the Department of Toxic Substances Control to adopt regulations for the identification and management of hazardous wastes. Existing law authorizes the department to adopt regulations designating end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject to regulations applicable to universal waste management. Existing regulations define surplus materials, as provided, and specify that surplus material is not a recyclable material. Existing federal regulations exclude from being classified as hazardous waste under federal law certain hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation if specific conditions are met.
This bill would make the universal waste designation applicable to a solar photovoltaic module that is intended for recycling and cannot otherwise be resold, reused, or refurbished only until the department adopts regulations implementing alternative management standards for solar photovoltaic modules. The bill would require the department to institute a rulemaking to develop alternative management standards for solar photovoltaic modules that facilitate greater material recovery. The bill would require the department to adopt the above-referenced federal transfer-based exclusion regulation for solar photovoltaic modules. The bill would also designate a solar photovoltaic module that can be resold, reused, or refurbished as surplus material. The bill would make a conforming change.

The people of the State of California do enact as follows:

SECTION 1.
Section 25259 of the Health and Safety Code is amended to read:
25259.
Subject to this article, 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. 2.
Section 25259.1 is added to the Health and Safety Code, to read:
25259.1.
(a) (1) Notwithstanding Section 25259, the universal waste designation shall only apply to a solar photovoltaic module that is intended for recycling and cannot otherwise be resold, reused, or refurbished, and shall only apply until the department adopts regulations implementing alternative management standards pursuant to paragraph (1) of subdivision (b) for solar photovoltaic modules.
(2) A solar photovoltaic module that can be resold, reused, or refurbished shall be designated as surplus material, as defined in Section 66260.10 of Title 22 of the California Code of Regulations.
(b) The department shall institute a rulemaking to do each of the following:
(1) Develop alternative management standards for solar photovoltaic modules that facilitate greater material recovery.
(2) Adopt the federal transfer-based exclusion for solar photovoltaic modules pursuant to Section 261.4(a)(24) of Title 40 of the Code of Federal Regulations.