An act to amend Sections 25143.2 and Section 25259 of, and to add Section 25259.1 to, the Health and Safety Code, relating to hazardous waste.
Summary
AB 864 updates California’s hazardous waste laws to create a more specific framework for managing solar photovoltaic modules at end of life. The bill adds a new section directing the Department of Toxic Substances Control to treat certain solar modules differently depending on their condition and intended disposition: modules that can be resold, reused, or refurbished would be classified as surplus material, while modules intended for recycling and not otherwise reusable could temporarily remain under the universal waste designation until the department adopts new alternative management standards.
The bill also exempts non-hazardous solar photovoltaic modules from state hazardous waste regulations when they are transferred to a designated recycler for legitimate recycling and the receiving facility meets specified criteria. In addition, it requires the department to begin rulemaking to develop alternative management standards that improve material recovery and to adopt the federal transfer-based exclusion for solar photovoltaic modules. The measure makes conforming changes to existing recyclable-material provisions so solar modules can be managed under a more tailored set of rules than the general hazardous waste framework.
Impact
AB 864 would amend Health and Safety Code Sections 25143.2 and 25259 and add Section 25259.1, narrowing and clarifying how solar photovoltaic modules are regulated when they reach end of life. It would create a statutory pathway for modules that are not hazardous waste to move outside the full hazardous waste system if they are sent to qualified recyclers, while preserving oversight through recordkeeping, facility criteria, and compliance with federal transfer-based exclusion requirements. The bill would also require DTSC to develop new management standards aimed at greater material recovery, which could affect recyclers, solar installers, waste handlers, and module owners by changing how used panels are collected, transferred, and processed.
Sentiment
The bill appears to have been generally well received in the Legislature, with unanimous or near-unanimous votes at multiple stages, including 79-0 on Assembly Third Reading and unanimous committee votes. That pattern suggests broad support for updating the state’s rules to better fit the growing volume of solar panel waste and to encourage recycling and reuse. The final action, however, was to place the bill on the inactive file at the request of Senator McNerney, indicating that despite strong support, the measure did not advance to enactment during the session.
Contention
There is little evidence of substantive opposition in the available voting record, but the bill’s structure suggests the main policy tension is between environmental control and recycling flexibility. Supporters likely favor clearer pathways for reuse and recycling, reduced regulatory burden for non-hazardous modules, and higher material recovery. Potential concerns would center on ensuring that exempted modules are truly non-hazardous, that designated recyclers and facilities are adequately vetted, and that the new exclusions do not weaken oversight or create loopholes for improper disposal. The requirement that DTSC adopt new standards and federal exclusions also indicates a desire to balance state-specific management with alignment to federal rules.
An act to add amend Section 12405 to 12203 of the Public Contract Code, and to amend Sections 42920 and 42926 of the Public Resources Code, relating to solid waste.
An act to add Chapter 13.2 (commencing with Section 42670) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste. amend Sections 25211.3 and 25211.4 of, to add Sections 25211.6 and 25211.7 to, and to repeal and add Section 25213 of, the Health and Safety Code, relating to hazardous waste.
Relates to enacting the "New York photovoltaic module stewardship and take-back program act"; provides that the department of environmental conservation shall develop guidance for a photovoltaic module stewardship and take-back program to guide manufacturers in preparing and implementing a self-directed program to ensure the convenient, safe, and environmentally sound take-back and recycling of photovoltaic modules and their components and materials; establishes the photovoltaic module recycling account for the purpose of paying all costs of the department of environmental conservation for management and administration of the New York photovoltaic module stewardship and take-back program.
Prohibits municipal zoning ordinances from regulating solar panels under certain circumstances; limits fees for certain renewable energy installations.