Washington HB 1789: Concerning rehabilitated offenders.

Bill Text

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.
p. 1 HB 1789

(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; or29
(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
p. 2 HB 1789

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