HB320: HB320 Waste management; require recycling of solar panels

26 LC 60 0350S The Senate Committee on Natural Resources and the Environment offered the following substitute to HB 320: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Of ficial Code of Georgia1 Annotated, relating to general provisions relative to solid waste management, so as to require2 the recycling of solar panels; to prohibit the discarding or disposing of solar panels by any3 manner other than by delivery to a legitimate recycling facility that accepts solar panels for4 recycling; to provide for exceptions; to provide for definitions; to provide for penalties; to5 provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Co de of Georgia Annotated,9 relating to general provisions relative to solid waste management, is amended by adding a10 new Code section to read as follows:11 "12-8-28.1.12 (a) As used in this Code section, the term:13 (1) 'Legitimate recycling facility' means a recovered materials processing facility or any14 other recycling center or disposal facility that accepts solar panels for recycling so as to15 return a significant portion of the materials recovered from su ch solar panels to16 - 1 - 26 LC 60 0350S commerce as a commodity for use in a beneficial and safe manner and that does not,17 through its recycling process, adversely impact public health o r safety or the18 environment.19 (2) 'Solar panel' means any device that contains a bank of solar cells or other solar energy20 collection system that when exposed to solar radiation can generate electricity.21 (3) 'Solar power facility' shall have the same meaning as set forth in Code22 Section 46-3-67.23 (b) No owner or operator of a solar power facility shall discard or dispose of or cause to24 be discarded or disposed of a solar panel by placing it in a landfill located in this state, by25 placing it with other municipal solid waste or commercial solid waste that is or will be26 delivered to a landfill located in this state, or by any other manner except by delivery to a27 legitimate recycling facility, unless:28 (1) No legitimate recycling facility exists within a radius of 250 miles from the location29 where the solar panels are removed from service; or30 (2) All legitimate recycling facilities within 250 miles of th e location where the solar31 panels are removed from service are unable to accept such solar panels within 30 days32 of a request to deliver such solar panels by the owner or operator.33 (c) Any owner or operator of a solar power facility who violat es subsection (b) of this34 Code section shall be subject to a civil penalty not to exceed $20.00 for each offense. For35 the purposes of this Code section, each solar panel that is dis carded or disposed of in36 violation of subsection (b) of this Code section shall constitu te a separate offense. The37 civil penalty provided for in this subsection shall be recoverable in a civil action brought38 in any court of competent jurisdiction by the Attorney General or any district attorney."39 SECTION 2.40 All laws and parts of laws in conflict with this Act are repealed.41 - 2 -