Hazardous waste: solar photovoltaic modules.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 864 Introduced by Assembly Member Ward February 19, 2025 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 864, as introduced, Ward. Hazardous waste: solar photovoltaic modules. 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. This bill would exempt solar photovoltaic modules not identified as hazardous waste and treated as universal waste, as defined, from state hazardous waste regulations, if transferred to a designated recycler for legitimate recycling, as described, and if the facility meets specified criteria relating to registration permits, as provided. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text 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. 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. 2. Section 25259.1 is added to the Health and Safety Code, to read: 25259.1. Notwithstanding Section 25259, solar photovoltaic modules not identified as hazardous waste and treated as universal waste, as defined in Section 25123.8, are exempt from state hazardous waste regulations, if transferred to a designated recycler for legitimate recycling, as defined in Section 260.43 of Title 40 of the Code of Federal Regulation, if the facility meets specific criteria, as described in Sections 18104 to 18104.9, inclusive, of Title 14 of the California Code of Regulations, including proper management practices, notification to the regulatory agency, and adherence to limitations on the types and quantities of materials handled, in order to allow for the recycling or reuse of those materials without making them subject to all of the hazardous waste regulations.