AB864 - Hazardous waste: solar photovoltaic modules.

Amended IN Senate August 20, 2026 Amended IN Senate July 17, 2025 Amended IN Senate July 01, 2025 Amended IN Assembly April 21, 2025 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, of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGEST AB 864, as amended, 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. 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. Federal regulations identify solid wastes which are subject to regulation as hazardous wastes. Federal regulations exclude from the definition of solid waste for that purpose hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation under specified circumstances. This bill would require the department, on or before July 1, 2028, to convene one or more public workshops for interested parties to comment on the applicability of the above-described federal regulations to hazardous waste streams, including, but not limited to, solar photovoltaic modules, generated in California. The bill would require the department, on or before July 1, 2029, to consider the feedback received and evaluate the applicability of those federal regulations to end-of-life solar photovoltaic modules as an alternative to one or more of the state standards governing hazardous waste and universal waste management. The bill would authorize the department, based on findings of the evaluation, to adopt, by regulation, the federal regulations, subject to revision as necessary, and apply them to end-of-life solar photovoltaic modules that are identified as hazardous waste under existing state law. 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. Subject to this article, the (a) 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. (b) (1) (A) On or before July 1, 2028, the department shall convene one or more public workshops for interested parties to comment on the applicability of Section 261.4(a)(24) of Title 40 of the Code of Federal Regulations to hazardous waste streams, including, but not limited to, solar photovoltaic modules, generated in California. (B) On or before July 1, 2029, the department shall consider the feedback received pursuant to subparagraph (A) and evaluate the applicability of Section 261.4(a)(24) of Title 40 of the Code of Federal Regulations to solar photovoltaic modules as an alternative to one or more of the standards in this chapter and Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations. (C) Based on the findings of the evaluation pursuant to subparagraph (B), the department may, by regulation, adopt Section 261.4(a)(24) of Title 40 of the Code of Federal Regulations and apply it to end-of-life photovoltaic modules that are identified as hazardous waste. The department may revise these regulations as necessary. (2) The evaluation pursuant to paragraph (1) shall include, but not be limited to, the factors the department is required to consider when adopting regulations in accordance with Section 25159.5 and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 2. Section 25259.1 is added to the Health and Safety Code , to read: 25259.1. (a) (1) Notwithstanding Section 25259, the universal waste designation shall only apply to a solar photovoltaic module that is intended for recycling and cannot otherwise be resold, reused, or refurbished, and shall only apply until the department adopts regulations implementing alternative management standards pursuant to paragraph (1) of subdivision (b) for solar photovoltaic modules. (2) A solar photovoltaic module that can be resold, reused, or refurbished shall be designated as surplus material, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. (b) The department shall institute a rulemaking to do each of the following: (1) Develop alternative management standards for solar photovoltaic modules that facilitate greater material recovery. (2) Adopt the federal transfer-based exclusion for solar photovoltaic modules pursuant to Section 261.4(a)(24) of Title 40 of the Code of Federal Regulations.