AB 2 — Recycling: solar photovoltaic modules.

Summary

The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee or a covered battery-embedded waste recycling fee, as specified. The act defines "covered electronic device" to include certain video display devices and battery-embedded products. The act requires all charges collected pursuant to the act to be deposited into specified subaccounts within the Electronic Waste Recovery and Recycling Account, and outlines certain other requirements related to the establishment, adjustment, and administration of the charge. Moneys in the subaccounts are continuously appropriated for specified purposes, including, but not limited to, paying covered electronic waste recycling fee refunds and making electronic waste recovery and recycling payments. Moneys in the account may be expended, upon appropriation by the Legislature in the annual Budget Act, for other specified purposes, including the administration of the act by the Department of Resources Recycling and Recovery (CalRecycle) and the Department of Toxic Substances Control (DTSC) and to provide funding to DTSC to implement and enforce the hazardous waste control laws as they relate to covered electronic devices. Existing law incorporates the requirements and other provisions of the act by reference as requirements and provisions of the hazardous waste control laws. The act also expressly authorizes DTSC to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws. A violation of the hazardous waste control laws is a crime. This bill would, among other things, expand the definition of "covered electronic device" to include a "customer-owned solar PV module," as defined, thereby expanding the scope of the act to include covered solar photovoltaic (PV) module products, for limited purposes, as provided. The bill would also require, on or before October 1, 2026, and on or before October 1 each year thereafter, CalRecycle to establish a covered solar PV recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The bill would require the charge to be imposed upon a consumer or a service provider serving the consumer for the purchase of a new or refurbished covered solar PV module product. The bill would also require the charge to be adjusted annually based on the California Consumer Price Index. The bill would create the Covered Solar PV Module Recycling Fee Subaccount as a continuously appropriated fund in the Electronic Waste Recovery and Recycling Account. Because the funds deposited to the Covered Solar PV Module Recycling Fee Subaccount would be a new source of funds in the continuously appropriated subaccount within the continuously appropriated Electronic Waste Recovery and Recycling Account, the bill would make an appropriation. By expanding the scope of the act to make it applicable to covered solar PV module products, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. Beginning January 1, 2028, the bill would require a solar photovoltaic module, that is not a customer-owned solar PV module, to be included in a plan that describes how the module will be managed at the end of its useful life, who is responsible for managing it, and how it will be recycled, refurbished, or reused. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Amended 06/28/23 - Amended Senate Current pdf June 28, 2023
• Amended 06/22/23 - Amended Senate pdf June 22, 2023
• Amended 05/18/23 - Amended Assembly pdf May 18, 2023
• Amended 04/26/23 - Amended Assembly pdf April 26, 2023
• Amended 03/16/23 - Amended Assembly pdf March 16, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• AB2 View text html

Action History

1. September 01, 2023

   In committee: Held under submission.

2. August 14, 2023

   In committee: Referred to APPR suspense file.

3. July 12, 2023

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 12). Re-referred to Com. on APPR.

4. June 28, 2023

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

5. June 28, 2023

   In committee: Set, first hearing. Hearing canceled at the request of author.

6. June 22, 2023

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

7. June 07, 2023

   Referred to Com. on E.Q.

8. May 26, 2023

   In Senate. Read first time. To Com. on RLS. for assignment.

9. May 25, 2023

   Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 4. Page 1775.)

10. May 22, 2023

    Read second time. Ordered to third reading.

11. May 18, 2023

    Read second time and amended. Ordered returned to second reading.

12. May 18, 2023

    From committee: Amend, and do pass as amended. (Ayes 12. Noes 2.) (May 18).

13. May 10, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

14. April 27, 2023

    Re-referred to Com. on APPR.

15. April 26, 2023

    Read second time and amended.

16. April 25, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 24).

17. March 29, 2023

    From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 8. Noes 0.) (March 28). Re-referred to Com. on NAT. RES.

18. March 20, 2023

    Re-referred to Com. on E.S. & T.M.

19. March 16, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

20. March 16, 2023

    Referred to Coms. on E.S. & T.M. and NAT. RES.

21. December 06, 2022

    From printer. May be heard in committee January 5.

22. December 05, 2022

    Read first time. To print.

Sponsors

• Christopher M. Ward · Primary

Votes

Subjects