OSWEGO — Labette County commissioners on Monday discussed then tabled a resolution that would bring awareness of a federal law banning the installation of certain solar panels and arrays from the Xinjiang region of China because of concerns that forced labor was involved in the manufacturing process.
Commissioner Tom Barrett introduced the resolution that would prohibit the installation of the banned panels in the boundaries of Labette County.
The federal law, the Uyghur Forced Labor Prevention Act, was enacted in December 2021 during the Biden administration. It’s focus was on cotton, tomatoes, polysilicon, polyvinyl chloride (PVC), aluminum and seafood. The UFLPA entity list includes entities in Xinjiang that mine, produce, or manufacture goods with forced labor, entities working with the government of Xinjiang to recruit, transport, transfer, harbor or receive forced labor and entities that export certain products.
Early this year, the U.S. Department of Homeland Security expanded the UFLPA banned list by adding 37 new companies. The banned companies now number 144 and the U.S. Customs and Border Protection enforces the prohibition by trying to keep goods from the companies from entering the U.S.
The agency has acted under a rebuttable presumption since June 2022, which means a fact or law is assumed to be true unless proven otherwise; the burden of proof shifts to the party disputing the pre-
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sumption.
According to information on the UFLPA, major solar companies include GCL-Poly, East Hope Group, Daqo New Energy, Xinte Energy and Jinko Solar, according to Horizon Advisory, which specializes in Chinese-language research.
The Chinese government disputes that forced labor is used in its supply chains, arguing that employment is voluntary.
Barrett, when asked to discuss his proposed resolution, said there are quite a number of solar panels from these manufacturers in the area.
“They’re kind of using Kansas to store a lot of these Chinese cells. And that’s all around Kansas,” he said, adding that some are in Parsons, outside of Parsons and in Neosho County.
“I think it’s just a matter of making everybody aware that it’s the law.”
He didn’t know if storing them is illegal but installing them would be.
Barrett said the resolution puts the county in sync with the law, which many people may not know about.
“And now that we know it as a county commission, we have an obligation to put that out there so everybody understands what the thing is,” Barrett said.
His resolution language came from a similar resolution from a community in the Kansas City area. He didn’t know if Kansas counties had implemented similar resolutions.
“So it’s coming, and as long as it’s the law, it’s the law,” Barrett said.
Commissioner Vince Schibi said he’s against forced labor but living in a global economy could mean that other goods purchased in the U.S. had been produced by forced labor in other countries. He’s read about kids working in lithium mines. Lithium metal is used in battery production, including for electric vehicles.
Barrett said that as long as commissioners know something, they should take care of what they know.
Schibi called it a slippery slope and he didn’t think it was a good idea; he also asked how the resolution would be enforced. Barrett said that the federal Department of Homeland Security would enforce it.
“ All they have to do is know about it,” he said.
Schibi said he didn’t want to tie anyone’s hands in the solar industry now, and he didn’t think it was the right thing for the county now.
Barrett said people who want solar panels on their home or business would still have other choices.
When asked if the resolution were necessary given that a federal law already exists, he said it’s needed for awareness. “Really because nobody knows it.”
Schibi decided to table the resolution rather than putting it up for a commission vote.
See Friday’s edition for more news from the commission meeting.
