H600 - Regulatory Reform Act of 2023. (SL 2023-137)

Overview: Section 19 of S.L. 2023-137 prohibits the disposal of a lithium-ion battery in a landfill or incinerator. This section also prohibits the disposal of a photovoltaic (PV) module, or components thereof, in a sanitary landfill for the disposal of construction and demolition debris waste that is unlined or in any other unlined landfill. A PV module, or components thereof, not shipped for reuse or not recyclable must properly be disposed of in an industrial landfill or a municipal solid waste landfill. Any PV modules that meet the definition of hazardous waste must comply with applicable hazardous waste requirements for disposal and recycling.

The Department of Environmental Quality (DEQ) must study proper handling of end-of-life lithium-ion batteries, and specifically whether any size-based exceptions to the disposal ban are appropriate. DEQ must report on its findings, including any recommendations for legislative action, to the Environmental Review Commission no later than May 1, 2024.

This bill was vetoed by the Governor on October 2, 2023, and that veto was overridden by the General Assembly on October 10, 2023. This section became effective on October 10, 2023. The bans on disposal will become effective December 1, 2026, and apply to offenses committed on or after that date.