HB 323: Solar Panel Disposal Amendments - Utah

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This revision updates the bill's timeline to clarify that the Energy Project Assessment ends on December 31, 2027, and adjusts the assessment amounts to be ten times higher (e.g., $200,000 instead of $20,000). It also reorganizes the sections to separate the Energy Project Assessment from the new Recycling Study Assessment, which funds solar panel waste disposal. These changes ensure the funding structure aligns with the intended sunset date and significantly increase the revenue collected for solar waste management.

Scope change

The bill's scope was refined to explicitly clarify the end date of the Energy Project Assessment and to distinguish between two separate assessments: one for general energy projects and one specifically for funding solar panel recycling studies.

TIMELINE

Added a clarifying provision stating that the Energy Project Assessment ends on December 31, 2027, replacing a conflicting date in the previous version.

FISCAL

Increased the Energy Project Assessment amounts by a factor of ten (e.g., from $20,000 to $200,000 for facilities over 500 MW) to generate higher revenue.

Created a distinct 'Recycling Study Assessment' (Section 79-6-1402.5) to specifically fund the study and disposal of solar panel waste, separate from the general Energy Project Assessment.

TECHNICAL

Reorganized the bill's sections to properly sequence the Energy Project Assessment and the Recycling Study Assessment, improving readability and legal clarity.

Amended 2/25/2026 15:02:403 → Substitute #1 · 6 edits

MODERATE

This bill introduces a comprehensive program to manage solar panel waste in Utah, requiring hazardous waste testing before disposal and creating a dedicated funding account. It establishes new fees for small-scale solar projects and a separate assessment for large renewable energy facilities to finance recycling studies and waste management. The legislation also updates disclosure requirements for solar retailers and sets a specific timeline for when these rules take effect.

Scope change

The bill expands state regulatory authority over solar panel disposal, creating new definitions for 'hazardous solar panel waste' and 'small-scale solar entity' to ensure proper handling and funding of waste management programs.

REQUIREMENT

Mandates that solar panel owners complete a hazardous waste analysis before disposal starting July 1, 2028, and requires disposal at registered facilities.

FISCAL

Creates the Solar Panel Waste Restricted Account funded by a distributed generation fee on small-scale solar entities and a recycling study assessment on large renewable energy facilities.

DEFINITION

Defines key terms including 'hazardous solar panel waste', 'small-scale solar entity' (under 20 MW), and 'solar panel waste disposal site'.

TIMELINE

Sets July 1, 2028, as the start date for waste testing rules and requires the energy project assessment to end on December 31, 2027.

ENFORCEMENT

Authorizes the Division of Waste Management and Radiation Control to enforce requirements through civil actions and establishes registration processes for landfill operators.

TECHNICAL

Reorganizes the bill's sections and renumbers provisions to align with the new structure, including moving the recycling study assessment to a new section.

Amended Excerpts 2/25/2026 15:02:403 → Amended 2/25/2026 15:02:403 · 6 edits

MODERATE

This bill establishes a new regulatory framework for testing and disposing of solar panel waste in Utah, creating a restricted account funded by fees on small-scale solar entities and assessments on renewable energy projects. It mandates that landfills and disposal sites register with the state starting in 2028 and requires hazardous waste analyses for damaged or landfilled panels. The legislation also clarifies the end date for the existing energy project assessment and creates a new, lower assessment specifically to fund the recycling study.

Scope change

The bill expands the scope of state regulation to include the testing and disposal of solar panel waste, applying to owners/operators of solar panels, landfill operators, and renewable energy parent entities.

REQUIREMENT

Requires owners or operators of solar panels to complete a hazardous waste analysis and dispose of hazardous waste at approved sites starting July 1, 2028.

Mandates that solar retailers include specific disclosures about estimated savings, warranties, and potential legislative changes in their customer agreements.

FISCAL

Creates the Solar Panel Waste Restricted Account funded by a distributed generation fee on small-scale solar entities and a new recycling study assessment on renewable energy parent entities.

DEFINITION

Defines key terms including 'hazardous solar panel waste,' 'small-scale solar entity,' and 'solar panel waste disposal site.'

ENFORCEMENT

Authorizes the Division of Waste Management and Radiation Control to enforce requirements through civil penalties of up to $10,000 per day and court actions.

TIMELINE

Sets July 1, 2028, as the start date for mandatory hazardous waste testing and landfill registration, and extends the energy project assessment deadline to December 31, 2027.

Enrolled → Amended Excerpts 2/25/2026 15:02:403 · 6 edits

MODERATE

The bill introduces a new program to manage solar panel waste by requiring hazardous waste testing before disposal and establishing a restricted funding account. It creates a fee for small-scale solar projects and a separate assessment for large renewable energy entities to fund this program and a future recycling study. The regulations and fees take effect in 2026 and 2027, with full enforcement of waste testing rules beginning in 2028.

Scope change

The bill expands the scope of solar regulations to include mandatory testing for hazardous materials in solar panels before they are discarded, applying to both residential/commercial installers and large utility-scale facilities.

REQUIREMENT

Requires solar panel owners to complete a hazardous waste analysis before disposal starting July 1, 2028, to determine if panels contain dangerous materials.

Mandates that solar retailers disclose state testing and disposal requirements to customers in their disclosure statements.

FISCAL

Creates the 'Solar Panel Waste Restricted Account' funded by a fee on small solar systems and an assessment on large renewable energy projects.

DEFINITION

Defines specific terms such as 'hazardous solar panel waste,' 'small-scale solar entity,' and 'solar panel waste disposal site' to clarify regulatory requirements.

TIMELINE

Sets the effective date for the bill as May 6, 2026, with the energy project assessment running from January 1, 2026, to December 31, 2027.

ENFORCEMENT

Authorizes the Division of Waste Management and Radiation Control to enforce rules, issue penalties up to $10,000 per day for violations, and register disposal sites.

Introduced → Enrolled · 7 edits · Mar 25, 2026

MODERATE

The bill was significantly expanded from a disposal-only program to a comprehensive study and management initiative. The most critical change is the shift in the implementation timeline: the mandatory testing and disposal requirements for solar panels were delayed from July 1, 2027, to July 1, 2028, to allow time for a state study on recycling methods. Additionally, the bill now includes new funding mechanisms, such as a specific recycling study assessment on renewable energy entities and a fee on small-scale solar systems, to support this research and future infrastructure.

Scope change

The bill's scope expanded from solely regulating disposal to including a mandatory state study on recycling, industry consultation, and the creation of new fees and assessments to fund these efforts.

TIMELINE

The mandatory requirement for owners to test solar panels for hazardous waste and dispose of them at approved sites was delayed from July 1, 2027, to July 1, 2028.

REQUIREMENT

A new requirement was added for the Division of Waste Management to conduct a study on solar panel recycling, consult with industry representatives, and report findings to legislative committees.

The registration and fee structure for solar panel installers was modified; the specific per-square-foot fee was removed and replaced with a requirement for the division to establish a reasonable fee in the future.

DEFINITION

New definitions were added for 'Small-scale solar entity' and 'Utility-scale solar facility' to clarify which entities are subject to new fees.

FISCAL

A new 'Recycling Study Assessment' was created, imposing annual fees on renewable energy parent entities to fund the recycling study.

A new 'Distributed Generation Fee' was imposed on small-scale solar entities (under 20 MW) to generate revenue for the recycling study.

ENFORCEMENT

The annual reporting requirement for the division was modified to begin in 2028 rather than 2027, aligning with the new study timeline.

Solar Panel Disposal Amendments

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