HB 1789
In CommitteeHouse
Photovoltaic modules
Concerning the photovoltaic module stewardship and takeback program.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill creates a producer-funded recycling program for photovoltaic (solar) modules to ensure safe, convenient takeback and high-rate recycling of end-of-life panels. It requires manufacturers to submit detailed stewardship plans by early 2029 and prohibits sales of non-compliant modules after that date. The program emphasizes environmental justice, rare earth element recovery, and industry accountability.
- Requires manufacturers to develop and submit stewardship plans by January 31, 2029, or 30 days after first selling modules in Washington—whichever is later—covering financing, collection, recycling, and performance goals.
- Sets a minimum 85% reuse and recycling rate for collected photovoltaic modules by weight, and requires plans to minimize hazardous releases and recover valuable materials like rare earth elements.
- Prohibits sale or installation of photovoltaic modules in Washington after January 31, 2029, unless the manufacturer has an approved stewardship plan; noncompliant manufacturers face up to $10,000 per violation in penalties.
- Creates a Photovoltaic Module Advisory Committee (including tribal, environmental justice, industry, and government representatives) to advise on program design and equity, with a final report due December 1, 2026.
- Establishes a dedicated state account for collecting manufacturer fees to fund the Department of Ecology’s administration of the program, with no legislative appropriation needed.
Who is affected
- Photovoltaic module manufacturers — Manufacturers must develop and implement stewardship plans to finance and manage the collection and recycling of their photovoltaic modules sold in Washington, including meeting reporting and performance goals.
- Distributors, retailers, and installers — Distributors, retailers, and installers must ensure they only sell or install modules from manufacturers with approved stewardship plans; otherwise, they may face warnings and penalties.
- Consumers and module owners — Consumers and property owners who own or dispose of photovoltaic modules gain access to free, convenient takeback and recycling services funded by manufacturers.
- Recycling and treatment facilities — Recycling and treatment facilities will receive guidance and may participate in the system to process end-of-life modules, with expectations to meet high reuse/recycling targets.
- Overburdened communities and vulnerable populations — Overburdened communities and vulnerable populations are specifically considered in program planning to ensure equitable access to benefits and reduced environmental harms.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Mandates safe, free, and convenient takeback and recycling of end-of-life solar panels—reducing risks of toxic leaching (e.g., lead, cadmium) in landfills and preventing hazardous exposure for waste workers and communities near disposal sites.
Public SafetyPeopleRef: Sec. 1(5)(a)(i), Sec. 1(8)(a)Requires high reuse/recycling rates (≥85% by weight) and recovery of rare earth elements, reducing mining demand, greenhouse gas emissions, and ecosystem damage—benefiting all Washingtonians through cleaner air, water, and land.
EnvironmentPeopleRef: Sec. 1(5)(a)(iii), Sec. 1(5)(a)(vi)Explicitly incorporates environmental justice principles and requires consideration of impacts on overburdened communities and vulnerable populations—ensuring equitable access to recycling services and reduced localized pollution burdens.
environmental justicePeopleRef: Sec. 2(1)(e), Sec. 2(3)(a)(ii)Ensures convenient, regionally accessible takeback locations and clear information flows to stakeholders—reducing illegal dumping and improving safe handling of panels by installers, demolition firms, and households.
Public SafetyPeopleRef: Sec. 1(5)(a)(iv), Sec. 1(5)(a)(v)Creates a self-sustaining funding mechanism via manufacturer fees—avoiding general fund appropriations and ensuring long-term program stability without burdening taxpayers.
FinancialPeopleRef: Sec. 1(10)
Potential Concerns (5)
Manufacturers and large solar panel producers face new operational and financial obligations—including fees, reporting, and stewardship program development—that may increase compliance costs and reduce profit margins, especially for smaller or foreign manufacturers without existing takeback infrastructure.
Business & EmploymentLean industryRef: Sec. 1(9)Distributors, retailers, and installers face liability risk and administrative burden to verify manufacturer compliance, potentially deterring participation in the solar market or increasing operational costs passed to consumers.
Business & EmploymentLean industryRef: Sec. 1(8)(a)The program’s producer-funded model shifts recycling costs to manufacturers, but those costs are likely passed down the supply chain—ultimately increasing the upfront cost of solar installations for consumers and potentially slowing residential and commercial solar adoption.
FinancialIndustryRef: Sec. 1(5)(a)(i)Small installers and local distributors—especially those serving rural or low-income communities—may lack resources to verify manufacturer compliance or absorb penalties, increasing risk of noncompliance and potential business disruption.
Business & EmploymentLean industryRef: Sec. 1(8)(b)While the bill avoids legislative appropriation, the dedicated account structure limits local governments’ flexibility in managing e-waste streams, potentially conflicting with existing county-level recycling programs and creating duplication of effort.
Local GovernmentLean industryRef: Sec. 1(10)
Who Is Most Affected
Large domestic and international manufacturers (e.g., First Solar, SunPower, JinkoSolar) will bear direct financial and operational responsibility for stewardship programs, including fees, logistics, and reporting. While this increases compliance costs, it also creates long-term supply chain stability and avoids future liability from hazardous panel disposal.
Installers and small distributors—especially those in rural or low-income areas—may face increased verification burdens and risk penalties for noncompliant panels. However, they benefit from standardized takeback systems and reduced liability for end-of-life panel disposal.
Homeowners and businesses installing solar gain free, convenient end-of-life recycling—reducing disposal anxiety and preventing future environmental liabilities. However, they may face higher upfront costs if manufacturers pass compliance expenses to consumers.
Recycling facilities stand to gain new revenue streams and standardized feedstock from solar panel recycling, but must invest in new processing capabilities to meet the 85% recovery target and rare earth element recovery requirements.
Overburdened communities—particularly those near landfills, ports, or industrial zones—may benefit from reduced toxic exposure and equitable access to recycling services. However, if takeback infrastructure is concentrated in urban areas, rural or marginalized communities may still face barriers.