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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
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HB 2828: solar; electric vehicle batteries; disposal
Sponsor: Representative Finchem, LD 11
Committee on Natural Resources, Energy & Water
Overview
Prohibits disposing solar panels and electric or hybrid electric vehicle batteries in an Arizona landfill and assesses a fee on these products for manufacturers that have not established a recycling program for end-of-life management of these products.
History
A solid waste landfill is a facility, area of land or excavation where solid wastes are placed for permanent disposal (A.R.S. § 49-701(30)). The Arizona Department of Environmental Quality (ADEQ) is responsible for registering and regulating these landfills, which must comply with state law and the requirements of Titles III and IV of the Federal Water Pollution Control Act Amendments (A.R.S. §§ 49-747, 49-772 and 49-773).
There are no Arizona statutes or regulations that specifically regulate the disposal of solar panels and electric or hybrid electric vehicle batteries. However, under the federal Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.), certain solar panels can be considered "hazardous waste" (40 Code of Federal Regulations Section 261.3). Pursuant to this act, the Environmental Protection Agency has developed regulations to safely manage hazardous waste from when it is generated to when it is disposed.
Provisions
Specialty Environmental Component Disposal (Sec. 1)
1. Prohibits someone from disposing a specialty environmental component in an Arizona solid waste landfill.
2. Establishes a civil penalty of no more than $5,000 for someone who disposes a specialty environmental component in an Arizona solid waste landfill.
3. Requires a specialty environmental component to be disposed at a recycling facility approved by ADEQ for that purpose or one that a manufacturer establishes to handle these components.
Special Environmental Component Fee (Sec. 1)
4. Requires someone who sells or leases specialty environmental components to pay a fee that will be collected by the Department of Revenue and transferred into the Specialty Environmental Component Fund.
5. Directs the owner of a specialty environmental component that is subject to the fee to return this component to the manufacturer at the time of disposal.
6. Exempts from this fee specialty environmental components from a manufacturer that has established a recycling program for end-of-life-management.
7. Stipulates that a manufacture's report must include a description of the recycling program and the number and types of specialty environmental components that were collected or returned.
8. Requires a manufacturer that fails to submit its annual report to ADEQ to be subject to the fee.
Specialty Environmental Component Fund (Sec. 1)
9. Establishes the Specialty Environmental Component Fund to receive fees from specialty environmental components, gifts, grants and donations.
10. Directs ADEQ to administer this fund.
11. Declares that monies in this fund are continuously appropriated.
12. Requires Fund monies to be used for recycling orphaned waste from cleanup of pollution or other environmental damage from improper disposal of specialty environmental components and to reimburse recycling facilities that receive specialty environmental components for disposal.
13. Allows ADEQ to initiate a cleanup and seek reimbursement of those costs from the last known manufacturer of the specialty environmental component and deposit any reimbursement monies into this fund.
Miscellaneous
14.
Defines specialty environmental
component. (Sec. 1)
15. Contains a Proposition 108 clause. (Sec. 3)
16. Repeals this act on July 1, 2027. (Sec. 2)
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20. HB 2828
21. Initials PAB Page 0 Natural Resources, Energy & Water
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