Energy Fair Trade Coalition on Friday sent a letter to Attorney General Bob Ferguson of Washington, calling on him to enforce the State’s law requiring solar manufacturers to have a plan to recycle their panels at no-cost to taxpayers. You can find the signed copy HERE. Read the text of the letter below.
Attorney General Ferguson:
I am writing to draw your attention to an urgent matter regarding solar module decommissioning that could put undue financial burdens on Washington taxpayers. The Energy Fair Trade Coalition (EFTC) is a nonpartisan nonprofit that advocates on a host of issues including the decommissioning of solar modules.
Fortunately, Washington is ahead of the curve with respect to solar panel decommissioning. In 2017, Washington passed into law a groundbreaking solar recycling program. At the time, this legislation was the first of its kind. The law requires manufacturers to finance the takeback and recycling of the system at no cost to the end user of a solar panel. Specifically, the manufacturers of solar modules sold in or into Washington must have developed a stewardship plan for all purchases since July 1, 2017.
While the lifespan of solar modules can be 25 years, sometimes they are decommissioned earlier due to natural disasters, manufacturer defects, or installation errors. According to the Department of Energy (DOE), the cost for waste generators to recycle solar modules is $15- 45 per module, whereas the landfill fee is only $1-5 per module. The cost to recycle can be even higher for toxic thin-film modules made with cadmium telluride, which can be hazardous to human health.
The Washington Department of Ecology’s (Ecology) guidance related to this law requires manufacturers to develop a finance mechanism in their respective stewardship plans to ensure that solar modules can be delivered to takeback locations with no cost to the last owner or holder. Furthermore, the plan must also describe how manufacturers will pay Ecology’s administrative costs. To date, only a handful of manufacturers have submitted stewardship plans, and none have an approved plan. Wood Mackenzie research shows an estimated 1.5 million solar panels have been sold into the state since July 1, 2017. These are required to be recycled at no cost to the taxpayer yet are not accompanied by a required stewardship plan. Based on DOE estimates, the cost to recycle these solar modules could be between $22.5 million to $67.5 million. Without proper action or notice, taxpayers might have to cover these costs in the event of a total loss or early decommissioning event.
Unfortunately, the law does not give Ecology the ability to fine manufacturers for non-compliance until July 1, 2025. This glaring oversight threatens consumers’ ability to responsibly recycle their solar panels at the end of their useful life and could imperil the insurance industry as well.
As such, I am respectfully requesting your office provide notice to all solar panel manufacturers who have sold into the State of Washington since July 1, 2017, of their financial obligations under the law. Furthermore, consumers and solar distributors should be given notice of the manufacturers’ decommissioning responsibilities and their legal indemnity.
Any manufacturers who have sold solar modules into the State of Washington since July 1, 2017 and continue to sell panels into the state without submitting a plan have broken the law and must be held to account. Washington resources are precious, and ensuring a clean environment for future generations is paramount.
Thank you for your consideration.
Sincerely,
Bret Manley
Executive Director Energy Fair Trade Coalition