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SB-1152 Solar panels: disposal: labeling.(2019-2020)

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Date Published: 03/26/2020 09:00 PM
SB1152:v98#DOCUMENT

Amended  IN  Senate  March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1152


Introduced by Senator Skinner

February 20, 2020


An act to amend Section 68055 of the Government Code, relating to solid waste. An act to add Chapter 4 (commencing with Section 42190) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 1152, as amended, Skinner. Litter: receptacles. Solar panels: disposal: labeling.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste.
The hazardous waste control laws, among other things, vest the Department of Toxic Substances Control with the authority to regulate the generation and disposal of hazardous waste. Existing law authorizes the Department of Toxic Substances Control to adopt regulations to designate end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject those modules to universal waste management.
This bill would require, on and after January 1, 2023, a manufacturer of a solar panel sold in California to include a permanently affixed label that provides information necessary to facilitate proper disposal or recycling of the solar panel at the end of its useful life. The bill would require the Department of Resources Recycling and Recovery, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to develop regulations implementing that labeling requirement, as provided.

Existing law requires litter receptacles to be placed in all public places in the state, as specified, and provides that any person owning or operating any establishment or public place in which litter receptacles are required to be placed to procure, place, and maintain those receptacles at that person’s own expense on the premises.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Chapter 4 (commencing with Section 42190) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  4. Solar Panel Labeling
Article  1. Solar Panel Labeling

42190.
 (a) On and after January 1, 2023, a manufacturer of a solar panel sold in California shall include a permanently affixed label that provides information necessary to facilitate proper disposal or recycling of the solar panel at the end of its useful life.
(b) The department, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall develop regulations implementing the labeling requirement in subdivision (a). The regulations shall include, at a minimum, all of the following components:
(1) Minimum requirements to ensure that the label remains affixed and decipherable through the end of the useful life of the solar panel.
(2) Minimum requirements to ensure that the label provides sufficient information necessary to determine whether the solar panel constitutes hazardous waste, as defined in Section 25117 of the Health and Safety Code, including, at a minimum, a simple color-coding scheme that allows each type of solar module contained within a solar panel to be identified by the background color of the label affixed to the module. The color-coding scheme shall ensure that nonhazardous monocrystalline- or polycrystalline-type modules are identified by one background color, and that film-type modules are identified by a distinctively different background color.
(3) Minimum requirements for the development of educational materials to be provided to processors of used or discarded solar panels to inform the processors of the color-coding scheme adopted pursuant to paragraph (2) and best practices for processing each type of solar panel.

SECTION 1.Section 68055 of the Government Code is amended to read:
68055.

(a)It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this chapter to procure, place, and maintain those receptacles at that person’s own expense on the premises in accordance with this chapter.

(b)The responsibility for the removal of litter from receptacles placed at publicly owned places shall remain with the public agencies. The responsibility for the removal of litter from receptacles placed on private property shall remain with the owner of the property or, in cases where the owner is not in actual possession of the premises, with the tenant of the property.