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.

Statutes affected:
AB 864: 25259 HSC
02/19/25 - Introduced: 25259 HSC
04/21/25 - Amended Assembly: 25143.2 HSC, 25143.2 HSC, 25259 HSC
07/01/25 - Amended Senate: 25143.2 HSC, 25259 HSC
07/17/25 - Amended Senate: 25143.2 HSC, 25259 HSC