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Testing And Disposal Of Solar Panel Waste

Utah Code tit. 19, ch. 19-6, pt. 19-6-P13
in effect

Utah Code § 19-6-1301 Definitions.

19-6-1301. Definitions. As used in this part: (1) "Account" means the Solar Panel Waste Restricted Account created in Section 19-6-1303. (2) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (3) "Hazardous solar panel waste" means solar panel waste that is hazardous waste in accordance with 40 C.F.R. Sec. 261.3. (4) "Hazardous waste analysis" means a test to determine whether solar panel waste is hazardous solar panel waste that is: (a) approved by the board; and (b) consistent with 40 C.F.R. Part 261, Identification and Listing of Hazardous Waste. (5) "Landfill" means a solid waste treatment, storage, or disposal facility. (6) "Nameplate capacity" means the same as that term is defined in Section 79-6-1101. (7) "Small-scale solar entity" means the seller of a solar energy system with a nameplate capacity of less than 20 megawatts. (8) "Solar panel" means a device that is: (a) rated to generate at least 200 watts of electric energy from solar energy; and (b) designed for long-term residential, commercial, or utility-scale installation. (9) "Solar panel installer" means a person that installs a solar panel for: (a) residential use; or (b) commercial use. (10) "Solar panel waste" means a solar panel that is discarded or rejected as being spent, useless, worthless, or in excess of the solar panel owner's or operator's needs at the time of discard or rejection. (11) "Solar panel waste disposal site" means a landfill or other disposal site that the director has approved for hazardous solar panel waste in accordance with Section 19-6-1306. (12) "Utility-scale solar facility" means a commercial facility that: (a) has a capacity to generate electricity from solar energy; (b) has not reached the end of the facility's operational life; and (c) uses solar equipment with a nameplate capacity of at least 20 megawatts. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1302 Powers and duties of board and director -- Rulemaking.

19-6-1302. Powers and duties of board and director -- Rulemaking. (1) Except as otherwise provided in this chapter, the board shall make rules, beginning on July 1, 2028: (a) to provide for: (i) the appropriate method to perform a hazardous waste analysis of a solar panel described in Section 19-6-1305; (ii) identification of hazardous solar panel waste; (iii) the disposal of hazardous solar panel waste consistent with this part; and (iv) registration of a solar panel waste disposal site operator; and (b) in accordance with: (i) an applicable federal requirement established by federal law; and (ii) Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) (a) The director shall administer the requirements for testing and disposal of solar panel waste established under this part. (b) To administer the requirements of this part, the director may: (i) hire and employ division personnel; (ii) advise, consult, and cooperate with a state agency, federal agency, or other person; (iii) enforce a rule made by the board and any requirement of this part by issuing notices and orders; (iv) under the direction of the executive director, represent the state in matters pertaining to interstate solar panel waste management and control, including entering into interstate compacts and other similar agreements; and (v) require an owner or operator of solar panel waste to: (A) provide information or a record relating to a solar panel and solar panel equipment; and (B) complete a hazardous waste analysis for solar panel waste in accordance with Section 19-6-1305. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1303 Solar Panel Waste Restricted Account -- Sources of funding -- Fund purpose.

19-6-1303. Solar Panel Waste Restricted Account -- Sources of funding -- Fund purpose. (1) There is created in the General Fund a restricted account known as the Solar Panel Waste Restricted Account. (2) The sources of money for the account include: (a) appropriations from the Legislature; (b) revenue from a fee described in Section 19-6-1304; (c) revenue from the recycling study assessment described in Section 79-6-1402.5; (d) a penalty or fine imposed under this part; (e) a voluntary contribution received for the cleanup or disposal of solar panel waste; and (f) interest earned on money in the account. (3) Subject to appropriation, the director may expend money from the account to: (a) assist or promote a program for: (i) recycling solar panel waste; (ii) safely disposing of solar panel waste; or (iii) providing a hazardous waste analysis of a solar panel consistent with Section 19-6-1305; (b) pay the division's administrative costs in enforcing this part; and (c) reimburse the division for the costs of conducting the study on solar panel recycling described in Section 19-6-1309. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1304 Distributed generation fee -- Deposit of revenue.

19-6-1304. Distributed generation fee -- Deposit of revenue. (1) The division shall impose a fee on a small-scale solar entity installed on or after January 1, 2026, in an amount of: (a) for a small-scale solar entity of 2 megawatts or less, $10 for each installed system; or (b) for a small-scale solar entity between 2 megawatts and 20 megawatts, $500 for each installed system. (2) The division may collect the fee described in Subsection (1): (a) no more than one time in calendar year 2026; and (b) no more than one time in calendar year 2027. (3) The division shall deposit the revenue collected from the fee under this section: (a) into the account described in Section 19-6-1303; and (b) for the costs of conducting the study on solar panel recycling described in Section 19-6-1309. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules for the collection of fees under this section. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1305 Hazardous waste analysis -- Records maintained by landfills, disposal sites, and recycling facilities.

19-6-1305. Hazardous waste analysis -- Records maintained by landfills, disposal sites, and recycling facilities. (1) Beginning on July 1, 2028, the division may require an owner or operator of a solar panel to complete, or cause to be completed, a hazardous waste analysis on a representative sample of the solar panel, if the solar panel: (a) is damaged beyond salvaging or repurposing; or (b) will be disposed of in a landfill. (2) If the results of a hazardous waste analysis indicate that a solar panel is hazardous solar panel waste, an owner or operator of the solar panel shall dispose of the solar panel in accordance with the requirements of this chapter and board rule. (3) A landfill, solar panel waste disposal site, or solar panel waste recycling facility shall: (a) maintain all records related to solar panel waste treated, stored, or disposed of at the landfill, solar panel waste disposal site, or solar panel waste recycling facility; and (b) provide to the division a record related to solar panel waste upon request by the division. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1306 Solar panel waste disposal site -- Solar panel waste recycling facility -- Operator registration.

19-6-1306. Solar panel waste disposal site -- Solar panel waste recycling facility -- Operator registration. (1) Beginning on July 1, 2028, a person may not place, discard, or otherwise dispose of solar panel waste in a landfill operated by a municipality, county, political subdivision of the state, or other entity unless: (a) the landfill is registered with the division as a solar panel waste disposal site in accordance with Subsection (2); or (b) the person can demonstrate to the landfill operator that the solar panel waste is not hazardous solar panel waste. (2) (a) An operator of a landfill may submit an application to register with the division as a solar panel waste disposal site. (b) An applicant for registration as a solar panel waste disposal site shall: (i) submit an application to the division in a form and manner prescribed by the director; (ii) provide the name and business address of the applicant; (iii) submit a plan to the director for handling and safely treating, storing, or disposing of hazardous solar panel waste; and (iv) comply with an application requirement established by board rule. (3) (a) An applicant may submit an application to register with the division as a solar panel waste recycling facility. (b) An applicant for registration as a solar panel waste recycling facility shall: (i) submit an application to the division in a form and manner prescribed by the director; (ii) provide the name and business address of the applicant; (iii) submit a plan to the director for handling and safely treating, storing, or recycling hazardous solar panel waste; and (iv) comply with an application requirement established by board rule. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1307 Violations -- Civil penalty.

19-6-1307. Violations -- Civil penalty. (1) Any person that violates a requirement of this part or any order issued or rule made under the authority of this part is subject to a civil penalty of not more than $10,000 per day for each day of violation. (2) (a) The director may enforce a requirement, rule, agreement, or order issued under this part by bringing an action in a court under Title 78A, Judiciary and Judicial Administration. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring an action in a court in the county where the solar panel waste is located. (3) The division shall deposit a civil penalty collected under this part into the account described in Section 19-6-1303. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1308 Annual report.

19-6-1308. Annual report. (1) Beginning July 1, 2028, the division shall submit a report, before November 30 of each year, to the: (a) Public Utilities, Energy, and Technology Interim Committee; and (b) Natural Resources, Agriculture, and Environment Interim Committee. (2) The report described in Subsection (1) shall include: (a) the fees and fee amounts set by the board under this part; (b) the fee revenue generated under this part; (c) information on the amount of solar panel waste entering landfills in the state; (d) any program for solar panel waste disposal and recycling that the division has implemented or assisted in; and (e) any recommendation by the division for legislative action regarding solar panel waste disposal. Enacted by Chapter 415, 2026 General Session

Utah Code § 19-6-1309 Solar panel recycling study -- Industry involvement -- Report.

19-6-1309. Solar panel recycling study -- Industry involvement -- Report. (1) As used in this section, "legislative committees" means: (a) the Public Utilities, Energy, and Technology Interim Committee; and (b) the Natural Resources, Agriculture, and Environment Interim Committee. (2) The division shall conduct a study on solar panel recycling in the state. (3) The study described in Subsection (2) shall include: (a) findings for: (i) the available methods and resources for solar panel recycling; (ii) minimizing the amount of hazardous waste generated by solar panel waste; and (iii) the recovery of commercially valuable materials from solar panel waste; and (b) recommendations for: (i) a convenient, safe, and environmentally responsible system to manage solar panel waste; (ii) a sustainable funding mechanism to encourage high solar panel recycling rates and proper waste management practices; (iii) a method to complete a hazardous waste analysis on solar panel waste to determine if the solar panel waste is hazardous; (iv) requiring a utility scale solar project to provide a decommission plan and decommission fee to the division; (v) development of a solar panel waste recycler registration system; (vi) development of a solar panel waste disposal site registration system; (vii) incentivizing the development of solar panel recycling in the state; and (viii) a fee to fund the implementation of the findings and recommendations described in this Subsection (3). (4) In conducting the study described in Subsection (2), the division shall consult with representatives from the following industries: (a) utility-scale solar facilities; (b) small-scale solar entities; and (c) recycling and waste management. (5) The division shall report to the legislative committees: (a) before November 30, 2026, a progress report of the study findings and recommendations described in Subsection (3); and (b) before July 1, 2027, a complete report of the study findings and recommendations described in Subsection (3). Enacted by Chapter 415, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title19/Chapter6/19-6-P13.html?v=C19-6-P13_2026050620260506Fetched: 10/26/2026

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