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AB-864 • 2026

Hazardous waste: solar photovoltaic modules.

Hazardous waste: solar photovoltaic modules.

Energy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Ward
Last action
2025-09-10
Official status
Ordered to inactive file at the request of Senator McNerney.
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific dates or criteria for when and how the exemptions will be implemented.

Solar Panel Waste Rules

This law changes how old solar panels are treated as waste in California, making it easier for them to be recycled.

What This Bill Does

  • Exempts certain solar photovoltaic modules from state hazardous waste rules if they go to a designated recycler that meets specific criteria.
  • Makes the universal waste designation temporary until new recycling standards are set by the Department of Toxic Substances Control.
  • Requires the department to create better recycling rules for old solar panels.
  • Adopts federal regulations about transferring materials meant for recycling, applying them specifically to solar photovoltaic modules.
  • Defines some solar panels as surplus material if they can be resold or reused.

Who It Names or Affects

  • Solar panel manufacturers and recyclers in California
  • The Department of Toxic Substances Control

Terms To Know

Universal waste
A type of hazardous waste that has special rules to make it easier for people to recycle or dispose of safely.
Surplus material
Material that is not considered recyclable under current regulations but may still have value and be reused.

Limits and Unknowns

  • The bill does not specify when the new recycling standards will be implemented.
  • It's unclear how many solar panel manufacturers and recyclers will qualify for the exemptions.
  • The effectiveness of the new rules in increasing material recovery from old solar panels is uncertain.

Bill History

  1. 2025-09-10 California Legislative Information

    Ordered to inactive file at the request of Senator McNerney.

  2. 2025-09-03 California Legislative Information

    Ordered to third reading.

  3. 2025-09-03 California Legislative Information

    From special consent calendar.

  4. 2025-09-02 California Legislative Information

    Ordered to special consent calendar.

  5. 2025-08-29 California Legislative Information

    Read second time. Ordered to third reading.

  6. 2025-08-29 California Legislative Information

    From committee: Do pass. (Ayes 7. Noes 0.) (August 29).

  7. 2025-08-18 California Legislative Information

    In committee: Referred to suspense file.

  8. 2025-07-17 California Legislative Information

    Read second time and amended. Re-referred to Com. on APPR.

  9. 2025-07-16 California Legislative Information

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 16).

  10. 2025-07-01 California Legislative Information

    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.

  11. 2025-06-24 California Legislative Information

    In committee: Hearing postponed by committee.

  12. 2025-06-11 California Legislative Information

    Referred to Com. on E.Q.

  13. 2025-06-03 California Legislative Information

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

  14. 2025-06-02 California Legislative Information

    Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1859.)

  15. 2025-05-27 California Legislative Information

    Read second time. Ordered to third reading.

  16. 2025-05-23 California Legislative Information

    From committee: Do pass. (Ayes 14. Noes 0.) (May 23).

  17. 2025-05-14 California Legislative Information

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

  18. 2025-04-30 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 29). Re-referred to Com. on APPR.

  19. 2025-04-22 California Legislative Information

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

  20. 2025-04-21 California Legislative Information

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

  21. 2025-03-10 California Legislative Information

    Referred to Com. on E.S & T.M.

  22. 2025-02-20 California Legislative Information

    From printer. May be heard in committee March 22.

  23. 2025-02-19 California Legislative Information

    Read first time. To print.

Official Summary Text

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 exempt solar photovoltaic modules not identified as hazardous waste and treated, except as provided, as universal waste, as defined, from state hazardous waste regulations, if transferred to a designated recycler for legitimate recycling, as described, and if the facility meets specified criteria relating to registration permits, as
provided. The
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.

Current Bill Text

Read the full stored bill text
Download Bill PDF