Hazardous waste: solar panels.

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION Assembly Bill No. 1238 Introduced by Assembly Member Ward February 16, 2023 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 AB 1238, as introduced, Ward. Hazardous waste: solar panels. 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. A violation of the Hazardous Waste Control Law, including a regulation adopted pursuant to that law, is a crime. This bill would require the department to develop alternate management standards for recycling photovoltaic modules that would, to the extent possible, reduce the regulatory burden on managing certain resources used for recycling the modules while not compromising worker safety or environmental protection. Because a violation of regulations adopted by the department under these provisions 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares: (1) As solar panels increasingly reach their end of life, there is a greater need to recycle photovoltaic modules. (2) The state’s current regulations inhibit wide-spread recycling of photovoltaic modules. Specifically, the use of heat, chemicals, and water during the recycling process are currently exempted from the universal waste regulations, and therefore, are required to be compliant with more stringent hazardous waste regulations. (b) It is therefore the intent of the Legislature for the department to develop alternative management standards for the recycling of end-of-life photovoltaic modules, that lessens the regulatory burden of managing the heat, chemicals, and water used for recycling photovoltaic modules, but without compromising worker safety or the environment. SEC. 2. Section 25259 of the Health and Safety Code is amended to read: 25259. The 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. 3. Section 25259.1 is added to the Health and Safety Code, to read: 25259.1. The department shall develop alternative management standards for recycling photovoltaic modules. Those standards shall, to the extent possible: (a) Reduce the regulatory burden on the management of heat, chemicals, and water used in the process of recycling photovoltaic modules. (b) Not compromise worker safety or environmental protection. SEC. 4. 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.