Photovoltaic modules

AN ACT Relating to the photovoltaic module stewardship and 1
takeback program; amending RCW 70A.510.010; adding a new section to 2
chapter 70A.510 RCW; providing an effective date; providing an 3
expiration date; and declaring an emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 70A.510.010 and 2021 c 45 s 1 are each amended to 6
read as follows: 7
(1) The legislature finds that a convenient, safe, and 8
environmentally sound system for the recycling of photovoltaic 9
modules, minimization of hazardous waste, and recovery of 10
commercially valuable materials must be established. The legislature 11
further finds that the responsibility for this system must be shared 12
among all stakeholders, with manufacturers financing the takeback and 13
recycling system. 14
(2) The definitions in this subsection apply throughout this 15
section and section 2 of this act unless the context clearly requires 16
otherwise. 17
(a) "Consumer electronic device" means any device containing an 18
electronic circuit board that is intended for everyday use by 19
individuals, such as a watch or calculator. 20
(b) "Department" means the department of ecology.21
Z-0188.1
HOUSE BILL 1789
State of Washington 69th Legislature 2025 Regular Session
By Representatives Kloba, Berry, Ramel, and Street; by request of
Department of Ecology
Read first time 02/03/25. Referred to Committee on Environment &
Energy.
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(c) "Distributor" means a person who markets and sells 1
photovoltaic modules to retailers in Washington. 2
(d) "Installer" means a person who assembles, installs, and 3
maintains photovoltaic module systems. 4
(e) "Manufacturer" means any person in business or no longer in 5
business but having a successor in interest who, irrespective of the 6
selling technique used, including by means of distance or remote 7
sale: 8
(i) Manufactures or has manufactured a photovoltaic module under 9
its own brand names for use or sale in or into this state;10
(ii) Assembles or has assembled a photovoltaic module that uses 11
parts manufactured by others for use or sale in or into this state 12
under the assembler's brand names; 13
(iii) Resells or has resold in or into this state under its own 14
brand names a photovoltaic module produced by other suppliers, 15
including retail establishments that sell photovoltaic modules under 16
their own brand names; 17
(iv) Manufactures or has manufactured a cobranded photovoltaic 18
module product for use or sale in or into this state that carries the 19
name of both the manufacturer and a retailer; 20
(v) Imports or has imported a photovoltaic module into the United 21
States that is used or sold in or into this state. However, if the 22
imported photovoltaic module is manufactured by any person with a 23
presence in the United States meeting the criteria of manufacturer 24
under (e)(i) through (vi) of this subsection, that person is the 25
manufacturer; 26
(vi) Sells at retail a photovoltaic module acquired from an 27
importer that is the manufacturer and elects to register as the 28
manufacturer for those products; or 29
(vii) Elects to assume the responsibility and register in lieu of 30
a manufacturer as defined under (e)(i) through (vi) of this 31
subsection. 32
(f) "Photovoltaic module" means the smallest nondivisible, 33
environmentally protected assembly of photovoltaic cells or other 34
photovoltaic collector technology and ancillary parts intended to 35
generate electrical power under sunlight, except that "photovoltaic 36
module" does not include a photovoltaic cell that is part of a 37
consumer electronic device for which it provides electricity needed 38
to make the consumer electronic device function. "Photovoltaic 39
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module" includes but is not limited to interconnections, terminals, 1
and protective devices such as diodes that: 2
(i) Are installed on, connected to, or integral with buildings;3
(ii) Are used as components of freestanding, off-grid, power 4
generation systems, such as for powering water pumping stations, 5
electric vehicle charging stations, fencing, street and signage 6
lights, and other commercial or agricultural purposes; or7
(iii) Are part of a system connected to the grid or utility 8
service. 9
(g) "Predecessor" means an entity from which a manufacturer 10
purchased a photovoltaic module brand, its warranty obligations, and 11
its liabilities. "Predecessor" does not include entities from which a 12
manufacturer purchased only manufacturing equipment.13
(h) "Rare earth element" means lanthanum, cerium, praseodymium, 14
neodymium, promethium, samarium, europium, gadolinium, terbium, 15
dysprosium, holmium, erbium, thulium, ytterbium, lutetium, yttrium, 16
or scandium. 17
(i) "Retailer" means a person who offers photovoltaic modules for 18
retail sale in the state through any means including, but not limited 19
to, remote offerings such as sales outlets, catalogs, or internet 20
sales. 21
(j) "Reuse" means any operation by which a photovoltaic module or 22
a component of a photovoltaic module changes ownership and is used 23
for the same purpose for which it was originally purchased.24
(k) "Stewardship plan" means the plan developed by a manufacturer 25
or its designated stewardship organization for a self-directed 26
stewardship program. 27
(l) "Stewardship program" means the activities conducted by a 28
manufacturer or a stewardship organization to fulfill the 29
requirements of this chapter and implement the activities described 30
in its stewardship plan. 31
(m) "Environmental justice" has the same meaning as defined in 32
RCW 70A.02.010.33
(n) "Overburdened community" has the same meaning as defined in 34
RCW 70A.02.010.35
(o) "Vulnerable populations" has the same meaning as defined in 36
RCW 70A.02.010.37
(3) The department must develop guidance for a photovoltaic 38
module stewardship and takeback program to guide manufacturers in 39
preparing and implementing a self-directed program to ensure the 40
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convenient, safe, and environmentally sound takeback and recycling of 1
photovoltaic modules and their components and materials. By January 2
1, 2018, the department must establish a process to develop guidance 3
for photovoltaic module stewardship plans by working with 4
manufacturers, stewardship organizations, and other stakeholders on 5
the content, review, and approval of stewardship plans. The 6
department's process must be fully implemented and stewardship plan 7
guidance completed by July 1, 2019. 8
(4) A stewardship organization may be designated to act as an 9
agent on behalf of a manufacturer or manufacturers in operating and 10
implementing the stewardship program required under this chapter. Any 11
stewardship organization that has obtained such designation must 12
provide to the department a list of the manufacturers and brand names 13
that the stewardship organization represents within ((sixty)) 60 days 14
of its designation by a manufacturer as its agent, or within 15
((sixty)) 60 days of removal of such designation. 16
(5) Each manufacturer must prepare and submit a stewardship plan 17
((to the department by the later of July 1, 2024, or within thirty )), 18
individually or as a member of a stewardship organization, to the 19
department by January 31, 2028, or within 30 days of its first sale 20
of a photovoltaic module in or into the state, whichever is later.21
(a) A stewardship plan must, at a minimum: 22
(i) Describe how manufacturers will finance the takeback and 23
recycling system, and include an adequate funding mechanism to 24
finance the costs of collection, management, and recycling of 25
photovoltaic modules and residuals sold in or into the state by the 26
manufacturer with a mechanism that ensures that photovoltaic modules 27
can be delivered to takeback locations without cost to the last owner 28
or holder; 29
(ii) Accept all of their photovoltaic modules sold in or into the 30
state after July 1, 2017; 31
(iii) Describe how the program will minimize the release of 32
hazardous substances into the environment and maximize the recovery 33
of other components, including rare earth elements and commercially 34
valuable materials; 35
(iv) Provide for takeback of photovoltaic modules at locations 36
that are within the region of the state in which their photovoltaic 37
modules were used and are as convenient as reasonably practicable, 38
and if no such location within the region of the state exists, 39
include an explanation for the lack of such location;40
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(v) Identify how relevant stakeholders, including consumers, 1
installers, building demolition firms, and recycling and treatment 2
facilities, will receive information required in order for them to 3
properly dismantle, transport, and treat the end-of-life photovoltaic 4
modules in a manner consistent with the objectives described in 5
(a)(iii) of this subsection; 6
(vi) Establish performance goals, including a goal for the rate 7
of combined reuse and recycling of collected photovoltaic modules as 8
a percentage of the total weight of photovoltaic modules collected, 9
which rate must be no less than ((eighty-five)) 85 percent.10
(b) A manufacturer must implement the stewardship plan.11
(c) A manufacturer may periodically amend its stewardship plan. 12
The department must approve the amendment if it meets the 13
requirements for plan approval outlined in the department's guidance. 14
When submitting proposed amendments, the manufacturer must include an 15
explanation of why such amendments are necessary. 16
(6) The department must approve a stewardship plan if it 17
determines the plan addresses each element outlined in the 18
department's guidance. 19
(7)(a) Beginning April ((1, 2026 )) 1st after the first year of 20
program operation , and by April 1st in each subsequent year, a 21
manufacturer, or its designated stewardship organization, must 22
provide to the department a report for the previous calendar year 23
that documents implementation of the plan and assesses achievement of 24
the performance goals established in subsection (5)(a)(vi) of this 25
section. 26
(b) The report may include any recommendations to the department 27
or the legislature on modifications to the program that would enhance 28
the effectiveness of the program, including management of program 29
costs and mitigation of environmental impacts of photovoltaic 30
modules. 31
(c) The manufacturer or stewardship organization must post this 32
report on a publicly accessible website. 33
(8) Beginning ((July 1, 2025)) January 31, 2029, no manufacturer, 34
distributor, retailer, or installer may sell or offer for sale a 35
photovoltaic module in or into the state unless the manufacturer of 36
the photovoltaic module has submitted to the department a stewardship 37
plan and received plan approval. 38
(a) The department must send a written warning to a manufacturer 39
that is not participating in a plan. The written warning must inform 40
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the manufacturer that it must submit a plan or participate in a plan 1
within ((thirty)) 30 days of the notice. The department may assess a 2
penalty of up to ((ten thousand dollars)) $10,000 upon a manufacturer 3
for each sale that occurs in or into the state of a photovoltaic 4
module for which a stewardship plan has not been submitted by the 5
manufacturer and approved by the department after the initial written 6
warning. A manufacturer may appeal a penalty issued under this 7
section to the superior court of Thurston county within ((one hundred 8
eighty)) 180 days of receipt of the notice. 9
(b) The department must send a written warning to a distributor, 10
retailer, or installer that sells or installs a photovoltaic module 11
made by a manufacturer that is not participating in a plan. The 12
written warning must inform the distributor, retailer, or installer 13
that they may no longer sell or install a photovoltaic module if a 14
stewardship plan for that brand has not been submitted by the 15
manufacturer and approved by the department within ((thirty)) 30 days 16
of the notice. 17
(9) The department may collect a flat fee from participating 18
manufacturers to recover costs associated with the plan guidance, 19
review, and approval process described in subsection (3) of this 20
section. Other administrative costs incurred by the department for 21
program implementation activities, including stewardship plan review 22
and approval, enforcement, and any rule making, may be recovered by 23
charging every manufacturer an annual fee calculated by dividing 24
department administrative costs by the manufacturer's pro rata share 25
of the Washington state photovoltaic module sales in the most recent 26
preceding calendar year, based on best available information. The 27
sole purpose of assessing the fees authorized in this subsection is 28
to predictably and adequately fund the department's costs of 29
administering the photovoltaic module recycling program.30
(10) The photovoltaic module recycling account is created in the 31
custody of the state treasurer. All fees collected from manufacturers 32
under this chapter must be deposited in the account. Expenditures 33
from the account may be used only for administering this chapter. 34
Only the director of the department or the director's designee may 35
authorize expenditures from the account. The account is subject to 36
the allotment procedures under chapter 43.88 RCW, but an 37
appropriation is not required for expenditures. Funds in the account 38
may not be diverted for any purpose or activity other than those 39
specified in this section. 40
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(11) The department may adopt rules as necessary for the purpose 1
of implementing, administering, and enforcing this chapter.2
(12) In lieu of preparing a stewardship plan and as provided by 3
subsection (5) of this section, a manufacturer may participate in a 4
national program for the convenient, safe, and environmentally sound 5
takeback and recycling of photovoltaic modules and their components 6
and materials, if substantially equivalent to the intent of the state 7
program. The department may determine substantial equivalence if it 8
determines that the national program adequately addresses and 9
fulfills each of the elements of a stewardship plan outlined in 10
subsection (5)(a) of this section and includes an enforcement 11
mechanism reasonably calculated to ensure a manufacturer's compliance 12
with the national program. Upon issuing a determination of 13
substantial equivalence, the department must notify affected 14
stakeholders including the manufacturer. If the national program is 15
discontinued or the department determines the national program is no 16
longer substantially equivalent to the state program in Washington, 17
the department must notify the manufacturer and the manufacturer must 18
provide a stewardship plan as described in subsection (5)(a) of this 19
section to the department for approval within ((thirty)) 30 days of 20
notification. 21
NEW SECTION. Sec. 2. A new section is added to chapter 70A.510 22
RCW to read as follows: 23
(1) The department must establish a photovoltaic module advisory 24
committee. The committee may include representatives of any parties 25
the department deems appropriate to carry out the duties in 26
subsection (3) of this section, but must include at least one member, 27
if feasible, representing each of the following entities:28
(a) Tribal organization or government; 29
(b) An association representing cities; 30
(c) An association representing counties; 31
(d) An environmental nonprofit; 32
(e) Environmental justice expertise, represented by an 33
environmental justice practitioner or academic; 34
(f) A solid waste collection or processing company;35
(g) An electric utility; 36
(h) A photovoltaic module manufacturer; 37
(i) A photovoltaic module distributor; 38
(j) A photovoltaic module installer; 39
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(k) A photovoltaic module project developer; 1
(l) The department; and 2
(m) The Washington state department of commerce.3
(2) The department must contract with an independent third-party 4
consultant to convene, facilitate, support, and provide research for 5
the advisory committee. The consultant must: 6
(a) Provide staff and support to the advisory committee meetings 7
including agendas, presentations, notes, and materials for the 8
advisory committee; 9
(b) Hire subcontractors, as needed, for the research of any 10
relevant information regarding issues associated with photovoltaic 11
module recycling, stewardship, and takeback programs;12
(c) Draft reports and other materials for review by the advisory 13
committee; and 14
(d) Submit, by June 1, 2026, a report to the department 15
containing recommendations of the advisory committee, after review by 16
the advisory committee. 17
(3) The duties of the advisory committee include the following:18
(a) Develop recommendations for a convenient, safe, and 19
environmentally sound system for the recycling of photovoltaic 20
modules, minimization of hazardous waste, and recovery of 21
commercially valuable materials, with manufacturers financing the 22
takeback and recycling system, considering the following:23
(i) Policies and laws related to photovoltaic module stewardship 24
and takeback programs and the enforcement of these laws;25
(ii) Potential environmental and health impacts on overburdened 26
communities and vulnerable populations expected to be affected, 27
equitable distribution of environmental benefits, reduction of 28
environmental harms, and meaningful access to programs and service;29
(iii) Any work from other applicable advisory committees 30
currently discussing similar topics in other jurisdictions or at the 31
national level; and 32
(iv) Information and research provided by the department's 33
consultant. 34
(b) Provide information to the consultant as requested, to meet 35
the needs of this section. 36
(c) Review and comment on the consultant's report to the 37
department. 38
(4) By December 1, 2026, the department shall submit a report to 39
the appropriate committees of the legislature summarizing the work of 40
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the consultant and the advisory committee. The report shall contain 1
recommended changes to this chapter. 2
(5) This section expires July 1, 2028. 3
NEW SECTION. Sec. 3. This act is necessary for the immediate 4
preservation of the public peace, health, or safety, or support of 5
the state government and its existing public institutions, and takes 6
effect June 30, 2025.7
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