Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Environment & Energy Committee

HB 2389

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Establishing a comprehensive, statewide photovoltaic module recovery, reuse, recycling, and end-of-life program.

Sponsors: Representatives Shewmake, Ramel, Wylie, Doglio and Hudgins.

Brief Summary of Bill

  • Repeals the Photovoltaic Module Stewardship and Takeback Program.

  • Requires the Director of the Department of Ecology to appoint, by July 1, 2020, a Photovoltaic Module Recovery, Reuse, and Recycling Task Force (Task Force) to review, and provide recommendations in a final report on, potential methodologies for the management of end-of-life photovoltaic modules, including modules from utility-scale solar projects.

  • Requires the Task Force to submit a report to the Legislature by December 1, 2021.

Hearing Date: 1/27/20

Staff: Nikkole Hughes (786-7156).

Background:

The Photovoltaic Module Stewardship and Takeback Program (Program) requires manufacturers of photovoltaic solar panels to provide the public a convenient and environmentally sound way to recycle all modules purchased in the state after July 1, 2017.

Each manufacturer must prepare and submit a stewardship plan to the Department of Ecology (Department) by the later of January 1, 2020, or within 30 days of its first sale of a photovoltaic module in or into the state.

The Department was required to establish a stakeholder process by January 1, 2018, in order to develop guidance for the photovoltaic module stewardship plans required of manufacturers. The Department published its initial Manufacturer Plan Guidance for the Program (Plan Guidance) in July 2019 and revised it in January 2020.

The Department must approve a stewardship plan if it determines the plan addresses each element outlined in its Plan Guidance. Beginning January 1, 2021, no manufacturer may sell or offer for sale a photovoltaic module in or into the state unless the manufacturer has submitted a plan to, and received approval from, the Department.

The Department may assess a penalty of up to $10,000 for each sale of a photovoltaic module in or into the state that occurs after an initial written warning to a manufacturer that is not participating in a plan.

Summary of Bill:

The Photovoltaic Module Stewardship and Takeback Program (Program) is repealed.

By July 1, 2020, the Director of the Department of Ecology (Department) must appoint a Photovoltaic Module Recovery, Reuse, and Recycling Task Force (Task Force) to review, and provide recommendations in a final report on, potential methodologies for the management of end-of-life photovoltaic modules, including modules from utility-scale solar projects. The Task Force's report is due to the legislature by December 1, 2021.

The duties of the Task Force include, but are not limited to:

Task Force membership must include, but is not limited to, members representing certain stakeholder entities, including:

Participation in the Task Force is strictly voluntary and without compensation.

Appropriation: None.

Fiscal Note: Requested on January 21, 2020.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.