Legis
Energy
AB 864, Chapter 872, Statutes of 2026 · Wednesday 30 September 2026

Hazardous waste: solar photovoltaic modules

California directs a review of whether federal recycling rules can apply to hazardous end-of-life solar panels.

The review could give California an alternative regulatory approach for solar panels sent for reclamation while retaining state oversight of hazardous waste.

What the law does ​

  • Requires the Department of Toxic Substances Control to hold public workshops by July 1, 2028, on applying the federal hazardous-secondary-material rule to California waste streams, including solar photovoltaic modules.
  • Requires the department to consider workshop feedback and evaluate the federal rule for end-of-life solar photovoltaic modules by July 1, 2029.
  • Allows the department, if supported by its evaluation, to adopt and tailor the federal rule for end-of-life solar modules identified as hazardous waste.
  • Requires the evaluation to consider factors required for hazardous-waste regulations and the state rulemaking process.

Who it affects ​

  • Solar panel owners, installers, recyclers, and other handlers of end-of-life photovoltaic modules.
  • Businesses that reclaim materials from hazardous-waste solar panels.

Context ​

The federal rule concerns hazardous secondary material transferred to another person for reclamation.