Public Citizen Testimony in Support of HB 3229 — Accountability for Renewable Energy Equipment Recyclers
To: Chairman Brooks Landgraf and the Members of the House Committee on Environmental Regulation
CC: Vice-Chair Claudia Ordaz, Rep. Rafael Anchía, Rep. Keith Bell, Rep. Ben Bumgarner, Rep. Penny Morales Shaw, Rep. Tom Oliverson, Rep. Ron Reynolds, Rep. Steve Toth
Via hand delivery and by email.
From: Sonia Joshi (sjoshi@citizen.org) and Kaiba White (kwhite@citizen.org), Public Citizen, 512-477-1155
Re: HB 3229, renewable energy recycling facilities – Public Citizen testimony in support
Dear Chairman Landgraf and Members of the Committee:
Public Citizen appreciates the opportunity to testify in support of HB 3229, relating to recycling of certain renewable energy components, authorizing an administrative penalty. We are in support of this bill because it holds recycling facilities that accept renewable energy equipment for recycling and repurposing accountable, ensuring they dispose of the waste in a timely manner. This ensures that materials are not accumulating but rather being repurposed effectively.
Waste is Accumulating
The increasing implementation of renewable energy has a positive correlation with waste production levels, as is true for any energy generation source. As of 2023, 90% of decommissioned solar panels have ended up in landfills1. By 2030, 8 million metric tons of solar panel waste will have accumulated in the US2. Instead of allowing these panels to take up valuable space in landfills, they can be repurposed for the manufacturing of other products. This bill helps address this issue by preventing recycling facilities from stockpiling renewable energy components, ensuring that they are properly processed and efficiently redirected back into the economy rather than contributing to environmental waste.
Keeping Records Enables Accountability
By requiring all recycling facility owners to maintain an inventory of all unprocessed recyclable components, this bill ensures accountability and transparency in material management. It creates oversight to ensure accurate tracking and disposal of components. Annual reports sent to the Texas Commission on Environmental Quality allow regulators to monitor the process and address any discrepancies. Without such measures, waste can be illegally dumped or mismanaged, leading to environmental hazards. These hazards include harboring pests and releasing materials into the environment if they are left to accumulate indefinitely. This bill prevents these issues by ensuring that recycling facilities are following through on commitments to recycle and repurpose materials they accept.
Fines and Liability
Additionally, by granting the commission to administrate fines for misuse, it will incentivize recycling facilities to operate responsibly and adhere to protocol. Publicly maintaining a list with the list of recycling facilities in compliance will create transparency with the public and help consumers, businesses, and manufacturers choose appropriate facilities for disposing of their decommissioned materials. This also encourages them to recycle renewable components by simplifying the process, making it more accessible and convenient, and thus increasing the likelihood of proper disposal.
Exception for Small-Scale Repurposing Recommended
As drafted, it’s not clear if the bill would apply to businesses and individuals who acquire used equipment for resale. Some of the requirements of this bill, including providing financial assurance and hiring a third-party engineer would be prohibitive for those businesses and individuals. While these requirements are reasonable for recyclers, there is currently an active market for used solar panels3 that would likely be hindered by these requirements. We recommend including a clarification that the financial assurance requirements of this bill do not apply to businesses and individuals who accept solar panels that are still operational and are intended for resale, not recycling.