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See my colleague Wayne Rosenbaum‘s recent post on the question of how failed solar panels could be treated under federal and California waste laws:

Recently the New York Times published an article highlighting the high rate of solar panel failures well before their expected life times.  While the article focused on the question of product liability, it raises another question.  How does the law, particularly waste laws, define a solar panel that is no longer fit for its original intended use or purpose?

Under current federal and California law, the manufacturer of a non-functioning solar panel does not have an obligation to take back panels at the end of life as it does under the EU WEEE Directive.  However, it is likely that this will change as the US PV market matures and more arrays approach end of life or fail.  Panel manufactures are encouraged to monitor this issue and potentially to participate in contingency planning or rulemaking. 

 

Regarding the disposal of defective panels, once an entity takes title to the panel it becomes the owner of that panel. This includes lenders who take title through foreclosure.   As such, the owner becomes responsible for the panel’s proper handling and disposal.  This requirement raises the question:  Once the owner takes possession what will it do with the panel or its components at the end of their useful life?

 Continue Reading Failed Solar Cell Could Be Hazardous to More Than the Owner’s Bottom Line

At a time when the Minnesota Legislature is considering a proposal that would create a solar electricity standard, community solar projects are gaining popularity.  Six weeks from now, Wright-Hennepin Cooperative Electric Association will begin construction on Minnesota’s first community solar program, with the goal of having the project completed by Memorial Day.

A community …

On April 1, 2013, the Army Energy Initiatives Task Force (“EITF”) and the U.S. Army Mission and Installation Contracting Command at Fort Sam Houston in Texas published a template Renewable Energy Service Agreement Performance Work Statement (the “PWS”) for comment by interested stakeholders. 

The proposed scope of the PWS is broad, covering everything from insurance…

On February 12, 2013, the U.S. Army Contracting Command announced that the Army Energy Initiatives Task Force ("EITF") is developing a standardized Utility Service Contract Performance Work Statement ("PWS") to be used for contracts executed under its long-term power procurement authority (10 U.S.C. 2922a).  The intent is to have a PWS that is clear and understandable to both the…

My California colleague Kristen Castaños has written an alert about a recent Fresno County Superior Court decision that denied a challenge to Fresno County’s cancellation of a Williamson Act contract to accommodate a solar generating project.

The decision is the first time a court has considered the interplay between the Williamson Act, a California statute…

On November 14, 2012, the Defense Logistics Agency- Energy ("DLA-Energy"), in coordination with the Army Energy Initiatives Task Force, issued a solicitation for the procurement of electricity from a solar photovoltaic energy project to be located on or contiguous with land at Fort Detrick, Maryland (SP0600-13-0416, the "Solicitation").  

DLA-Energy contemplates the award of a Firm-Fixed Price…

The U.S. International Trade Commission (ITC) today affirmed its preliminary ruling that Chinese trade practices were harming the U.S. solar technology industry. The ruling stems from the submission of trade cases by domestic solar-industry companies on October 19, 2011, that argued the Chinese government was using improper subsidies to underwrite its solar industry export campaign…