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SB 5175

Concerning the photovoltaic module stewardship and takeback program.

2025-2026 Regular Session Introduced by Bob Hasegawa and 3 co-sponsors

Washington delays PV module takeback deadlines, giving time to design a durable program and require Ecology‑approved plans before selling modules.

Effective date 6/30/2025.
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Bill Summary · SB 5175

SB 5175 — Photovoltaic (PV) Module Stewardship and Takeback Program — Summary

Status: Chapter 126, 2025 Laws. Governor signed 4/22/2025. Effective (emergency): June 30, 2025.

Purpose

To revise the implementation timeline for Washington’s PV module extended producer responsibility (EPR) law, create a stakeholder advisory process to reevaluate program design, and delay enforcement deadlines so manufacturers and the state can develop a durable, workable takeback and recycling program.

Key provisions and changes

  • Delays manufacturer plan submission deadline:
    • Original: stewardship plans due by July 1, 2024.
    • New deadline: manufacturers must submit stewardship plans to the Department of Ecology (Ecology) by January 31, 2030, or within 30 days of their first sale in Washington if later.
  • Delays sales prohibition for manufacturers without approved plans:
    • Original: sales ban effective July 1, 2025.
    • New prohibition: manufacturers may not sell or offer PV modules in/into Washington without Ecology-approved stewardship plans beginning January 31, 2031.
  • Delays annual reporting:
    • Original: annual reports due beginning April 1, 2026.
    • New requirement: annual reporting begins April 1 of the first year after program operation (i.e., after the program is operational).
  • Establishes a PV module advisory committee (subject to appropriation):
    • Ecology must, if funded, convene a broadly representative advisory committee (aiming to include at least one representative from 15 specified sectors/categories where feasible).
    • Ecology must contract with an independent third‑party consultant to convene, facilitate, and research for the committee.
    • Consultant/advisory committee must deliver recommendations to Ecology by June 1, 2028.
    • Ecology must report recommended statutory/regulatory changes to the Legislature by December 1, 2028, summarizing the committee’s work.
  • Other existing program elements remain: manufacturers (or designated stewardship organizations) must finance takeback/recycling, accept PV modules sold after July 1, 2017, and include specified plan contents (funding, hazardous substance minimization, performance goals). Ecology retains enforcement authority, including penalties (up to $10,000 per sale without an approved plan).

Who is affected

  • Manufacturers (including brand owners, importers who register as manufacturers), distributors, retailers, and installers of PV modules.
  • Stewardship organizations that may act as agents for manufacturers.
  • Department of Ecology (oversight, convening advisory committee if funded).
  • Local governments and recycling/reuse service providers.
  • Consumers and solar project developers indirectly, via availability of PV modules and program design.

Timeline & procedural notes

  • Advisory committee work and consultant report: due June 1, 2028.
  • Ecology’s legislative report with recommendations: due December 1, 2028.
  • Stewardship plan submissions due Jan 31, 2030; sales prohibition for unapproved-plan manufacturers effective Jan 31, 2031.
  • Bill effective June 30, 2025 (emergency clause).
  • Advisory committee and consultant contracting are subject to appropriation (no specific appropriation included in the bill).

Rationale / Legislative record

Ecology requested the delay and stakeholder process to allow time to convene a broad stakeholder group (previously postponed by the COVID-19 pandemic), avoid market disruption (manufacturers potentially ceasing sales into Washington), and better design a durable program before strict enforcement begins. Testimony in support noted limited current end‑of‑life PV volumes and supply concerns if deadlines were enforced immediately.

Fiscal/other

  • Fiscal note available. No direct appropriation in the bill; advisory committee activities require appropriation.

Compiled from official sources — confirm details with the bill’s official record.

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