S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7757
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2017
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT, ROSENTHAL, KAVANAGH, FAHY, GOTT-
   FRIED, SEPULVEDA, BUCHWALD -- read once and referred 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".
   §  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.
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07112-01-7
              

 A. 7757                             2
 
   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.
   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.
 § 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 EIGHTEEN, 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 EIGHTEEN, 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 EIGHTEEN, 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 WHOLE-
 SALERS, SOLAR PANEL RETAILERS,  CONTRACTORS,  AND  QUALIFIED  GOVERNMENT

 A. 7757                             3
 
 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
   (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 NINETEEN, 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  EIGHTEEN,  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.
 § 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.
 § 27-3107. DEPARTMENT RESPONSIBILITIES.

 A. 7757                             4
 
   1. NO LATER THAN JUNE FIRST, TWO  THOUSAND  NINETEEN,  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
   (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-TWO, 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.
 § 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.
   §  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

 A. 7757                             5
 
 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.
   §  4.  This act shall take effect immediately, and shall expire and be
 deemed repealed January 1, 2028.