H-3744.1

HOUSE BILL 2389

ByRepresentatives Shewmake, Ramel, Wylie, Doglio, and Hudgins

AN ACT Relating to establishing a comprehensive, statewide photovoltaic module recovery, reuse, recycling, and end-of-life program; creating new sections; and repealing RCW 70.355.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

(2) With new manufacturing processes incorporated by the industry over the last twenty years, many hazardous material inputs into the module manufacturing processes have been minimized or completely removed, while useful lives and energy production levels have been extended and enhanced, leading to useful lives of photovoltaic modules of fifty years or more.

(3) The legislature finds that the stewardship program recently enacted in chapter 70.355 RCW has created uncertainty for manufacturers who may cease to sell modules in the state. Furthermore, the stewardship program addresses only small system modules sold in the state after July 1, 2017. Modules sold before July 1, 2017, will still need to be recycled or disposed of and are expected to enter the waste stream earlier, and initially at higher volumes than modules sold after July 1, 2017. The absence of any program addressing the pre-2017 modules would lead to at least two different module collection and end-of-life programs operating in the state, one a manufacturer financed product stewardship program for modules sold after July 1, 2017, and one or more as yet unknown, unfunded collection and disposal systems for modules sold before July 1, 2017, and all utility scale modules.

(4) With the substantial increase in solar energy generation deployment over the last decade throughout the country, multiple studies are now being conducted on the life cycle and end-of-life processes of photovoltaic modules. Those studies are analyzing and recommending best practices for collection, recovery, reuse, recycling, processing of modules, and ultimate disposal of any remaining residual materials. The legislature finds that the state could benefit from investing the time and effort to review these studies by creating a task force of experts that obtains input on current and potential future manufacturing materials and processes from module manufacturers and recommends a comprehensive, statewide, environmentally friendly, and cost-effective program, and further has the time to do so before any significant amounts of modules requiring end-of-life processing enter the waste stream.

(2) The director of the department of ecology shall convene a photovoltaic module recovery, reuse, and recycling task force. The duties of the task force include, but are not limited to:

(a) Obtaining and reviewing existing data from the Washington State University extension energy program pertaining to the manufacturer, location by zip code, in-service date, and estimated volumes of modules deployed under the state's renewable energy cost recovery incentive program established under RCW 82.16.165;

(b) Obtaining from manufacturers or existing studies the expected economically productive life cycle of various types of photovoltaic modules currently in use in the state;

(c) Obtaining from manufacturers and other sources the past, present, and potential future material and components of photovoltaic modules sold in or into the state. The material list must identify recyclable materials, rare earth elements, and materials that exhibit any of the characteristics of hazardous waste identified in 40 C.F.R. Part 261 (2019);

(d) Identifying in-progress and recently completed studies related to photovoltaic module recycling and end-of-life programs; and

(e) Analyzing and recommending financing mechanisms including advance recovery fees, recycling and disposal fees, and manufacturer-financed product stewardship programs, including the photovoltaic module stewardship and takeback program issued under RCW 70.355.010 as it existed on December 31, 2019.

(3) The task force must submit a report to the legislature by December 1, 2021, in compliance with RCW 43.01.036, that includes the task force's recommendations for the financing and management of the recovery, reuse, and recycling of photovoltaic modules and their components and disposing of the remaining end-of-life residual materials. The report must identify legislation, if any, necessary to implement the recommendations of the report.

(4) The director of the department of ecology or the director's designee must chair or designate a chair of the task force created in subsection (1) of this section and must appoint task force members. Task force membership must include, but is not limited to, members representing:

(a) A manufacturer of photovoltaic modules located in the state;

(b) A manufacturer of photovoltaic modules located outside the state;

(c) A national solar industry group;

(d) Solar installers in the state;

(e) A utility scale solar project;

(f) An organization with expertise in waste minimization; and

(g) Other members with expertise in relevant areas to be reviewed by the task force.

(5) The director of the department of ecology or the director's designee shall convene the initial meeting of the task force.

(6) Participation in the task force created in subsection (1) of this section is strictly voluntary and without compensation.

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