HB 323 — Solar Panel Disposal Amendments

Section 319-6-1301 is enacted to read:

19-6-1301.Part 13.

Testing and Disposal of Solar Panel Waste 19-6-1301 .

13.As used in this part:

Testing(1) and"Account" Disposalmeans ofthe Solar Panel Waste (1)Restricted AsAccount usedcreated in thisSection part:19-6-1303.

(a){(1)}(2) "Account""Board" means the SolarWaste PanelManagement Wasteand RestrictedRadiation AccountControl Board created in Section 19-6-1303.19-1-106.

(b){(2)}(3) "Board""Hazardous meanssolar thepanel Wastewaste" Managementmeans andsolar Radiationpanel Controlwaste Boardthat createdis hazardous waste in Sectionaccordance 19-1-106.with 40 C.F.R.

(c){(3)} "Hazardous solar panel waste" means solar panel waste that{:} is hazardous waste in accordance with 40 C.F.R.

-(4) 7"Hazardous -waste HB0323analysis" comparedmeans witha HB0323S02test {(i)to {containsdetermine awhether solar panel waste is hazardous substance;solar panel waste that is:

and}(a) }approved {(ii) {is unsuitable for placement, storage, or disposal in a landfill, as determined by board rule.} } {(d) {"Hazardous substance" means the sameboard; as that term is defined in 42 U.S.C.

Sec.and (b) consistent with 40 C.F.R.

9601.} } (e){(4)} "Hazardous waste analysis" means a test to determine whether solar panel waste is hazardous solar panel waste that is:

(i){(a)} approved by the board;

and (ii){(b)} consistent with 40 C.F.R.

(f){(5)}(5) "Landfill" means a solid waste treatment, storage, or disposal facility.

(g){(8)}(8) "Solar panel" means a device that is:

(i){(a)}(a) rated to generate at least 200 watts of electric energy {through } from solar {photovoltaic technology or thermal solar technology} energy;

and (ii){(b)}(b) designed for long-term residential, commercial, or utility-scale installation.

(h){(9)}(9) "Solar panel installer" means a person that installs a solar panel for:

(i){(a)}(a) residential use;oruse; (ii){(b)} commercial use{;

or}or .(b) commercial use.

{(iii)(10) {a utility-scale commercial facility.} } (i){(10)} "Solar panel waste" means a solar panel that is discarded or rejected as being spent, useless, worthless, or in excess of the solar panel owner's or operator's needs at the time of discard or rejection.

(j){(11)}(11) "Solar panel waste disposal site" means a landfill or other disposal site that the director has approved for hazardous solar panel waste in accordance with Section 19-6-1306.

(b)- has7 not- reachedH.B. the end of the facility's operational life;

323 Enrolled Copy (b) has not reached the end of the facility's operational life;

Section 419-6-1302 is enacted to read:

19-6-1302.19-6-1302 .

- 8 - HB0323 compared with HB0323S02 (1) {Before July 1, 2027} Except as otherwise provided in this chapter, the board shall make rules, beginning on July 1, 2028:

(iii) the disposal of hazardous solar panel waste consistent with this part;andpart; {(iv) {certification of a solar panel installer, inspector, tester, or remover;

and}and }(iv) (v){(iv)} registration of a solar panel waste disposal site operator;

(2)(2)(a) (a) The director shall administer the requirements for testing and disposal of solar panel waste established under this part.

and (B) complete a hazardous waste analysis for {a } solar panel waste in accordance with Section 19-6-1305.

Section 519-6-1303 is enacted to read:

19-6-1303.19-6-1303 .

(1) There is created in the General Fund a restricted account known as the {"Solar } Solar Panel Waste- Restricted8 Account{."}- .Enrolled Copy H.B.

323 Waste Restricted Account.

- 9 - HB0323 compared with HB0323S02 (a) appropriations from the Legislature;

(b) revenue from {the fees } a fee described in Section 19-6-1304;

(c){(d)}(d) a penalty or fine imposed under this part;

(d){(e)}(e) a voluntary contribution received for the cleanup or disposal of solar panel waste;

and (e){(f)}(f) interest earned on money in the account.

(3) TheSubject to appropriation, the director may expend money from the account to:

{and} (b) pay the division's administrative costs in enforcing this part{.}part; ;

Section 619-6-1304 is enacted to read:

19-6-1304.19-6-1304 .

{Registration required for solar panel installer -- Registration } Distributed generation fee {-- Installation fee -- Bond or liability insurance required } -- Deposit of revenue.

{(1)(1) }The {(a)division {Beginningshall onimpose July 1, 2027, a solarfee panelon installer may not install a solarsmall-scale panel in the state unless the solar panelentity installerinstalled ison registeredor withafter theJanuary division.}1, }2026, {(b)in {The director shall register an applicant as a solar panel installer if the applicant meets the requirements of this section.} } {(c) {An applicant for registration as a solar panel installer shall:} } {(i) {submit an application to the division in a form and manner approved by the director;} } {(ii) {pay a registration fee as determined by the board in accordance with Section 63J-1-504;} } {(iii) {provide the name and business address of the installer;} } {(iv) {provide proof of financial assurance, including liability insurance, bond, or other forms of financial responsibility for a reasonable amount determinedof: by board rule;

and}(a) }for {(v) {comply with an application requirement established by board rule.} } {(d) {The director shall maintain a publicsmall-scale list of all registered solar panelentity installers.} } {(2) } - 10 - HB0323 compared with HB0323S02 {(a) { A fee is imposed on a solar panel installer for the installation of a2 solarmegawatts panelor inless, the$10 state.} } {(b) {Beginning on July 1, 2027, and ending on December 31, 2028, the fee is $1 for each square foot of solar panel installed.} } (c){(1)} {Beginning on January 1, 2029, the } The division shall {establish a reasonable } impose a fee on {the installation of } a small-scale solar {panel in the state} entity installed onsystem; or after January 1, 2026, in {accordance with Title 63J, Chapter 1, Budgetary Procedures Act.} an amount of:

{(3) } (a) for a small-scale solar entity of 2 megawatts or less, $10 for each installed system;

(a){(3)}(3) The division shall deposit {into the account described in Section 19-6-1303 } the revenue collected fromthefrom the fee under this section:

(i){(a)}(a) into the {registration fee } account described in {Subsection (1)(c)(ii)} Section 19-6-1303;

and (ii){(b)}(b) for the {installation fee } costs of conducting the study on solar panel recycling described in {Subsection (2)} Section 19-6-1309.

(b){(4)}(4) {The } In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may {retain a portion of the revenue collected } make rules for the collection of fees under this sectionsection. {to cover the administrative costs of collecting and enforcing a fee under this part} .

Section 719-6-1305 is enacted to read:

19-6-1305.- 9 - H.B.

323 Enrolled Copy 19-6-1305 .

{(1)(1) } (a){(1)} Beginning on July 1, {2027} 2028, the division may require an owner or operator of a solar panel to complete, or cause to be completed, a hazardous waste analysis on a representative sample of the solar panel{.}panel, , if the solar panel:

-(2) 11 - HB0323 compared with HB0323S02 (b){(2)} If the results of a hazardous waste analysis indicate that a solar panel is hazardous solar panel waste, an owner or operator of the solar panel shall dispose of the solar panel in accordance with the requirements of this chapter and board rule.

(2){(3)}(3) A landfill, solar panel waste disposal site, or solar panel waste recycling facility shall:

Section 819-6-1306 is enacted to read:

19-6-1306.19-6-1306 .

(1) Beginning on July 1, {2027} 2028, a person may not place, discard, or otherwise dispose of solar panel waste in a landfill operated by a municipality, county, political subdivision of the state, or other entity unless:

(2)(2)(a) (a) An operator of a landfill may submit an application to register with the division as a solar panel waste disposal site.

(3)- (a)10 An- applicantEnrolled mayCopy submitH.B. an application to register with the division as a solar panel waste recycling facility.

323 (3)(a) An applicant may submit an application to register with the division as a solar panel waste recycling facility.

- 12 - HB0323 compared with HB0323S02 (ii) provide the name and business address of the applicant;

Section 919-6-1307 is enacted to read:

19-6-1307.19-6-1307 .

(2)(2)(a) (a) The director may enforce a requirement, rule, agreement, or order issued under this part by bringing an action in a court under Title 78A, Judiciary and Judicial Administration.

Section 1019-6-1308 is enacted to read:

19-6-1308.19-6-1308 .

(1) {Before November 30 of each year} Beginning July 1, 2028, the division shall submit a reportreport, {to} , before November 30 of each year, to the:

(a) {the } Public Utilities, Energy, and Technology Interim Committee;

and (b) {the } Natural Resources, Agriculture, and Environment Interim Committee.

(a) the fees and fee amounts set by the board under {Section 19-6-1304} this part;

(b) the fee revenue generated under {Section 19-6-1304} this part;

(d) {programs } any program for solar panel waste disposal and recycling that the division has implemented or assisted in;

and (e) any recommendation by the division for legislative action regarding solar panel waste- disposal.11 - H.B.

323 Enrolled Copy waste disposal.

Section 1119-6-1309 is enacted to read:

19-6-1309.19-6-1309 .

- 13 - HB0323 compared with HB0323S02 (1) As used in this section, "legislative committees" means:

and - 1412 - HB0323Enrolled comparedCopy withH.B. HB0323S02 (b) before July 1, 2027, a complete report of the study findings and recommendations described in Subsection (3).

323 (b) before July 1, 2027, a complete report of the study findings and recommendations described in Subsection (3).

63I-2-279.63I-2-279 .

79-6-1402.79-6-1402 .

(3)- The13 office- shallH.B. annually determine the amount of energy project assessment each renewable energy parent entity owes under this section and report that amount to the tax commission to be collected in accordance with Section 79-6-1403.

-323 15Enrolled -Copy HB0323(3) compared with HB0323S02 (4) The office mayshall makeannually rules,determine inthe accordanceamount withof Titleenergy 63G,project Chapterassessment 3,each Utahrenewable Administrativeenergy Rulemakingparent Act,entity toowes createunder proceduresthis forsection assessing and reportingreport that amount to the amountstax commission to be collected underin thisaccordance section.with Section 79-6-1403.

(4) The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to create procedures for assessing and reporting the amounts to be collected under this section.

Section 1479-6-1402.5 is enacted to read:

79-6-1402.5.79-6-1402.5 .

and (b) report the amount described in Subsection (3)(a) to the tax commission to be collected- in14 accordance- withEnrolled SectionCopy 79-6-1403.H.B.

323 collected in accordance with Section 79-6-1403.

-79-6-1403 16. - HB0323 compared with HB0323S02 79-6-1403.

(2)(2)(a) (a) A renewable energy parent entity shall electronically file with the tax commission, on or before March 1 of each year, a statement containing the information required by Subsection (2)(b) in a form and manner prescribed by the tax commission.

Effective date.

2-19-26 10:36 AM - 1715 -