S T A T E O F N E W Y O R K
________________________________________________________________________
7789
I N S E N A T E
May 12, 2016
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the "solar panel collection act"; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "solar panel collection act".
S 2. Article 27 of the environmental conservation law is amended by
adding a new title 31 to read as follows:
TITLE 31
SOLAR PANEL COLLECTION ACT
SECTION 27-3101. DEFINITIONS.
27-3103. SOLAR PANEL COLLECTION.
27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
27-3107. DEPARTMENT RESPONSIBILITIES.
27-3109. DISPOSAL PROHIBITION.
S 27-3101. DEFINITIONS.
1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE SOLAR PANELS THAT IS
FINANCED AND MANAGED OR PROVIDED BY A SOLAR PANEL MANUFACTURER INDIVID-
UALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTURERS IN ACCORDANCE
WITH THIS SECTION.
2. "OUT-OF-SERVICE SOLAR PANEL" MEANS A SOLAR PANEL THAT IS REMOVED,
REPLACED OR OTHERWISE TAKEN OUT OF SERVICE.
3. "QUALIFIED CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS OF
INSTALLATION, SERVICE OR REMOVAL OF SOLAR PANELS WHO EMPLOYS SEVEN OR
MORE SERVICE TECHNICIANS OR INSTALLERS.
4. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS ANY MUNICIPAL CORPO-
RATION OR PLANNING UNIT AS DEFINED IN SECTION 27-0107 OF THIS ARTICLE,
OR COUNTY DEPARTMENTS OF HEALTH.
5. "SOLAR PANEL" MEANS A BANK OF SOLAR CELLS THAT, WHEN EXPOSED TO
RADIATION FROM THE SUN, CAN GENERATE HEATING OR ELECTRICITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15118-03-6
S. 7789 2
6. "SOLAR PANEL MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A NAME
BRAND OF ONE OR MORE SOLAR PANELS SOLD IN THE STATE.
7. "SOLAR PANEL RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS OF ANY
KIND PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY SALE
OR DISTRIBUTION MECHANISM INCLUDING SALES USING THE INTERNET OR CATA-
LOGS.
8. "SOLAR PANEL WHOLESALER" MEANS A PERSON WHO IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SELLING OF SOLAR PANELS TO CONTRACTORS, AND
WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR EIGHTY PERCENT OR MORE OF ITS
TOTAL SALES. A SOLAR PANEL MANUFACTURER IS NOT, BY VIRTUE OF MANUFACTUR-
ING, A SOLAR PANEL WHOLESALER.
S 27-3103. SOLAR PANEL COLLECTION.
1. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY,
WITH OTHER SOLAR PANEL MANUFACTURERS, ESTABLISH AND MAINTAIN A PROGRAM
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, DISPOSAL AND PROPER
MANAGEMENT OF OUT-OF-SERVICE SOLAR PANELS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
2. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY
WITH OTHER SOLAR PANEL MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO
THE FOLLOWING:
(A) ON AND AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, COMPILE A LIST OF
SOLAR PANEL WHOLESALERS IN THE STATE.
(B) ESTABLISH A SYSTEM TO COLLECT, TRANSPORT, RECYCLE, DISPOSE AND
PROPERLY MANAGE OUT-OF-SERVICE SOLAR PANELS FROM ALL COLLECTION SITES.
(C) NOT INCLUDE ANY FEES OR OTHER CHARGES TO CONSUMERS OR PERSONS
PARTICIPATING IN THE PROGRAM.
(D) BEGINNING JULY FIRST, TWO THOUSAND SEVENTEEN, CONDUCT EDUCATION
AND OUTREACH EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
(I) ESTABLISH AND MAINTAIN A PUBLIC WEBSITE FOR THE DISSEMINATION OF
EDUCATIONAL MATERIALS TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE SOLAR
PANELS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCATIONAL MATERI-
ALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN BE EASILY
DOWNLOADED AND PRINTED. THE LINK TO THIS WEBSITE SHALL BE PROVIDED TO
THE DEPARTMENT;
(II) CONTACT SOLAR PANEL WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN EDUCATING CUSTOMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND PROPER MANAGEMENT OF
OUT-OF-SERVICE SOLAR PANELS;
(III) CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS
AND CONSUMERS TO IDENTIFY COLLECTION SITES FOR OUT-OF-SERVICE SOLAR
PANELS IN THE STATE AND PROVIDE A LIST OF COLLECTION SITES TO THE
DEPARTMENT; AND
(IV) DEVELOP INFORMATIONAL ARTICLES, PRESS RELEASES, AND NEWS STORIES
PERTAINING TO THE IMPORTANCE OF AND OPPORTUNITIES FOR COLLECTING AND
RECYCLING OUT-OF-SERVICE SOLAR PANELS AND DISTRIBUTE THOSE MATERIALS TO
TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
(E) ON OR BEFORE JULY FIRST, TWO THOUSAND SEVENTEEN, DEVELOP AND
UPDATE AS NECESSARY EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR
DISTRIBUTION TO CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS.
THESE MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING SOLAR
PANEL WHOLESALERS, SOLAR PANEL RETAILERS, CONTRACTORS, AND QUALIFIED
GOVERNMENT AUTHORITIES. THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
(I) SIGNAGE, SUCH AS POSTERS AND CLING SIGNAGE, THAT CAN BE PROMINENT-
LY DISPLAYED TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE SOLAR PANELS TO
CONTRACTORS AND CONSUMERS; AND
S. 7789 3
(II) WRITTEN MATERIALS OR TEMPLATES OF MATERIALS FOR REPRODUCTION BY
SOLAR PANEL WHOLESALERS AND SOLAR PANEL RETAILERS TO BE PROVIDED TO
CUSTOMERS AT THE TIME OF PURCHASE OR DELIVERY OF A SOLAR PANEL. THE
MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON THE
IMPORTANCE OF PROPERLY MANAGING OUT-OF-SERVICE SOLAR PANELS AND OPPORTU-
NITIES FOR THE COLLECTION OF THESE SOLAR PANELS.
(F) PROVIDE AN OPPORTUNITY FOR THE DEPARTMENT TO REVIEW AND OFFER
FEEDBACK AND SUGGESTIONS ON THE COLLECTION PROGRAM.
3. NO LATER THAN APRIL FIRST, TWO THOUSAND EIGHTEEN, AND NO LATER THAN
APRIL FIRST OF EACH YEAR THEREAFTER, EACH SOLAR PANEL MANUFACTURER
SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTUR-
ERS, SUBMIT AN ANNUAL REPORT ON ITS COLLECTION PROGRAM TO THE DEPARTMENT
COVERING THE ONE-YEAR PERIOD ENDING DECEMBER THIRTY-FIRST OF THE PREVI-
OUS YEAR. EACH REPORT SHALL BE POSTED ON THE MANUFACTURER'S OR PROGRAM
OPERATOR'S RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT SHALL INCLUDE
THE FOLLOWING:
(A) THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS COLLECTED AND MANAGED
UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, CONTRACTORS, QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE PROGRAM AS SOLAR PANEL COLLECTION SITES AND THE NUMBER OF
OUT-OF-SERVICE SOLAR PANELS RETURNED BY EACH;
(C) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS;
(D) A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (D)
OF SUBDIVISION TWO OF THIS SECTION;
(E) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS USED UNDER PARA-
GRAPH (D) OF SUBDIVISION TWO OF THIS SECTION;
(F) THE INTERNET WEBSITE ADDRESS OF ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
(G) A DESCRIPTION OF HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED;
(H) ANY MODIFICATIONS THAT THE SOLAR PANEL MANUFACTURER IS PLANNING TO
MAKE IN ITS COLLECTION PROGRAM; AND
(I) THE IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND THE BUSI-
NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT.
4. ALL CONTRACTORS, SOLAR PANEL WHOLESALERS, SOLAR PANEL MANUFACTUR-
ERS, AND SOLAR PANEL RETAILERS PARTICIPATING IN THE PROGRAM SHALL HANDLE
AND MANAGE THE OUT-OF-SERVICE SOLAR PANELS IN A MANNER THAT IS CONSIST-
ENT WITH THE REQUIREMENTS FOR THE DISPOSAL OF HAZARDOUS WASTE.
5. ON AND AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, NO SOLAR PANEL
WHOLESALER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE
SOLAR PANELS UNLESS THE WHOLESALER PARTICIPATES AS A COLLECTION SITE FOR
OUT-OF-SERVICE SOLAR PANELS OR REQUESTS AND RECEIVES A WAIVER FROM THE
DEPARTMENT FOLLOWING A DEMONSTRATION THAT SUCH PARTICIPATION WOULD POSE
AN UNDUE BURDEN.
S 27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
NO SOLAR PANEL WHOLESALER OR SOLAR PANEL RETAILER SHALL SELL, OFFER
FOR SALE OR DISTRIBUTE ANY SOLAR PANEL FOR FINAL SALE UNLESS THE
MANUFACTURER OF SUCH SOLAR PANEL IS LISTED ON THE DEPARTMENT'S WEBSITE,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
S 27-3107. DEPARTMENT RESPONSIBILITIES.
1. NO LATER THAN JUNE FIRST, TWO THOUSAND EIGHTEEN, THE DEPARTMENT
SHALL MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND
PROPER MANAGEMENT OF OUT-OF-SERVICE SOLAR PANELS IN THE STATE. THE
INFORMATION SHALL INCLUDE THE FOLLOWING:
(A) A DESCRIPTION OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS
SECTION; AND
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(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, CONTRACTORS, QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE PROGRAM AS COLLECTION SITES.
2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-ONE, THE DEPART-
MENT SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE LEGISLATURE
REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
THIS SECTION, INFORMATION ON THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS
COLLECTED, HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED, AND AN
ESTIMATE OF THE NUMBER OF SOLAR PANELS THAT ARE AVAILABLE FOR
COLLECTION. THE DEPARTMENT SHALL USE THIS INFORMATION TO RECOMMEND
WHETHER THE PROVISIONS OF THIS SECTION SHOULD BE EXTENDED, ALONG WITH
ANY OTHER STATUTORY CHANGES. IN PREPARING THE REPORT, THE DEPARTMENT
SHALL CONSULT WITH SOLAR PANEL MANUFACTURERS, ENVIRONMENTAL ORGANIZA-
TIONS, MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
S 27-3109. DISPOSAL PROHIBITION.
1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE SOLAR PANELS WITH SOLID
WASTE OR RECYCLABLE MATERIALS.
2. NO TRANSPORTER SHALL KNOWINGLY DELIVER SOLAR PANELS OR KNOWINGLY
CAUSE SUCH MATERIALS TO BE DELIVERED TO:
(A) AN INCINERATOR;
(B) A LANDFILL;
(C) A TRANSFER STATION; OR
(D) ANYONE WHO THE TRANSPORTER KNOWS OR SHOULD KNOW WILL EITHER
COMMINGLE SUCH MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH MATERI-
ALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL.
3. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
SOLAR PANELS FOR DISPOSAL.
4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE SOLAR
PANELS WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO BE TRANSFERRED
TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
5. EACH LANDFILL AND TRANSFER STATION SHALL POST, IN A CONSPICUOUS
LOCATION AT THE FACILITY, A SIGN STATING THAT SOLAR PANELS ARE NOT
ACCEPTED AT THE FACILITY.
S 3. a. Any person or contractor who replaces a solar panel from a
building shall deliver the solar panel to an appropriate collection
site.
b. Any person or contractor who demolishes a building shall ensure
that all solar panels are removed from the building prior to demolition
and shall dispose of the solar panels at a collection site.
c. Any department, authority, instrumentality, or municipal corpo-
ration of the state administering a program that involves the removal or
replacement of solar panels as a result of any statutory requirement,
shall inform contractors of their statutory obligations to deliver the
solar panels to a collection site and prohibiting the disposal of such
solar panels in a solid-waste facility.
d. Any contractor, organization or subcontractor of such organization,
who contracts with or receives funding or financing provided in whole or
in part by or through any department, agency, instrumentality, or poli-
tical subdivision of the state for the installation, service, removal or
handling of solar panels, shall ensure the collection, transportation
and proper management of out-of-service solar panels in accordance with
the provisions of title 31 of article 27 of the environmental conserva-
tion law.
S 4. This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2027.