Assembly BillChaptered/SignedHealth and Safety
AB 864: Hazardous waste: solar photovoltaic modules.
What AB 864 does, verified October 2, 2026
The bill aims to amend the regulations regarding hazardous waste, specifically solar photovoltaic modules. The universal waste designation will be applicable to solar photovoltaic modules that are intended for recycling and cannot be resold, reused, or refurbished. The Department of Toxic Substances Control will be required to institute a rulemaking to develop alternative management standards for these modules, facilitating greater material recovery. The bill also designates solar photovoltaic modules that can be resold, reused, or refurbished as surplus material. This change will align with federal regulations regarding hazardous waste, excluding certain materials from being classified as hazardous waste under federal law.
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Last action: Chaptered by Secretary of State - Chapter 872, Statutes of 2026. (2026-09-30)Alert me
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| Sep. 30, 2026 | Chaptered by Secretary of State - Chapter 872, Statutes of 2026. |
| Sep. 30, 2026 | Approved by the Governor. |
| Sep. 03, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 26, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6626.). |
| Aug. 26, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textChaptered version, September 30, 2026 · 580 words
Assembly Bill No. 864
CHAPTER 872
An act to amend Section 25259 of the Health and Safety Code, relating to hazardous waste.
[ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 864, 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.
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.
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.
(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).
Text of AB 864 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions