S T A T E O F N E W Y O R K
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2837--B
Cal. No. 70
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
___________
Introduced by Sens. O'MARA, ADDABBO, AVELLA, BAILEY, BROOKS, FUNKE,
HOYLMAN, KAMINSKY, KENNEDY, LAVALLE, PHILLIPS, SAVINO, SERRANO, VALE-
SKY -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Environmental Conservation -- recommitted to
the Committee on Environmental Conservation in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place in the order of third reading
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 AND RECYCLING OF OUT-OF-SERVICE SOLAR PANELS THAT IS FINANCED AND
MANAGED OR PROVIDED BY A SOLAR PANEL MANUFACTURER INDIVIDUALLY OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07112-04-8
S. 2837--B 2
COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTURERS WITHIN THIS STATE 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
INSTALLING, REPAIRING, SERVICING OR THE REMOVAL OF SOLAR PANELS AND WHO
EMPLOYS SEVEN OR MORE SERVICE TECHNICIANS.
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 MANUFACTURES ONE OR
MORE NAME BRAND SOLAR PANELS WITHIN THIS STATE.
7. "SOLAR PANEL RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS OF ANY
KIND PRIMARILY TO HOMEOWNERS OR OTHER CONSUMERS THROUGH ANY SALE OR
DISTRIBUTION MECHANISM INCLUDING SALES USING THE INTERNET OR CATALOGS.
8. "SOLAR PANEL WHOLESALER" MEANS A PERSON WHO IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SELLING OF SOLAR PANELS TO QUALIFIED CONTRAC-
TORS OR OTHER CONSUMERS, AND WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR
EIGHTY PERCENT OR MORE OF ITS TOTAL SALES. A SOLAR PANEL MANUFACTURER IS
NOT, BY VIRTUE OF MANUFACTURING, A SOLAR PANEL WHOLESALER.
9. "CONSUMER" MEANS AN INDIVIDUAL, BUSINESS, PARTNERSHIP, ASSOCIATION,
CORPORATION, COMPANY, MUNICIPALITY, POLITICAL SUBDIVISION OR OTHER LEGAL
ENTITY THAT PURCHASES, OPERATES, OWNS OR USES ONE OR MORE SOLAR PANELS.
10. "RECYCLING" MEANS REFURBISHING OUT-OF-SERVICE SOLAR PANELS FOR
CONTINUED REUSE AS A PRODUCT OR CAPTURING THE METALS VIA RECLAMATION.
§ 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 AND RECYCLING 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 NINETEEN, COMPILE A LIST OF
SOLAR PANEL WHOLESALERS WITHIN THIS STATE.
(B) ESTABLISH A SYSTEM TO COLLECT, TRANSPORT AND RECYCLE OUT-OF-SER-
VICE 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 NINETEEN, 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 AND RECYCLING OF OUT-OF-
SERVICE SOLAR PANELS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCA-
TIONAL MATERIALS 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 CONSUMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND RECYCLING 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
S. 2837--B 3
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 NINETEEN, DEVELOP AND UPDATE
AS NECESSARY EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR DISTRIBUTION
TO QUALIFIED CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS. THESE
MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING SOLAR PANEL
WHOLESALERS, SOLAR PANEL RETAILERS, QUALIFIED 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 RECYCLING OF OUT-OF-SERVICE SOLAR PANELS TO
QUALIFIED 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
CONSUMERS 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 RECYCLING OUT-OF-SERVICE SOLAR PANELS AND OPPORTUNITIES
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 TWENTY, 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 SOLAR PANEL 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 RECYCLED
UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
(B) A LIST OF ALL SOLAR PANEL MANUFACTURES, SOLAR PANEL WHOLESALERS,
CONTRACTORS, QUALIFIED LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL
RETAILERS PARTICIPATING IN THE PROGRAM AS SOLAR PANEL COLLECTION SITES;
(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 OR ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
(G) A DESCRIPTION OF HOW THE OUT-OF-SERVICE SOLAR PANELS WERE
COLLECTED AND RECYCLED;
(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 SOLAR PANEL MANUFACTURERS PARTICIPATING IN THE PROGRAM SHALL
HANDLE AND MANAGE ANY OUT-OF-SERVICE SOLAR PANELS THAT CANNOT BE RECY-
CLED AND HAVE BEEN DETERMINED TO BE OR TO CONTAIN HAZARDOUS WASTE, AS
DEFINED PURSUANT TO REGULATIONS OF THE DEPARTMENT, CONSISTENT WITH THE
REQUIREMENTS FOR THE MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE.
S. 2837--B 4
5. ON AND AFTER JULY FIRST, TWO THOUSAND NINETEEN, NO SOLAR PANEL
MANUFACTURER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIB-
UTE SOLAR PANELS UNLESS THE MANUFACTURER 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 LOCATED WITHIN THIS
STATE SHALL SELL, OFFER FOR SALE OR DISTRIBUTE ANY SOLAR PANEL FOR FINAL
SALE UNLESS THE SOLAR PANEL MANUFACTURER OF SUCH SOLAR PANEL IS LISTED
ON THE DEPARTMENT'S WEBSITE, IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE.
§ 27-3107. DEPARTMENT RESPONSIBILITIES.
1. NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT SHALL
MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND RECYCL-
ING 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 A LIST OF SOLAR PANEL MANUFACTURERS OF SUCH SOLAR PANELS
PARTICIPATING IN THE COLLECTION PROGRAM PURSUANT TO THIS TITLE; AND
(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, QUALIFIED 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, AND HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED. 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 ORGANIZATIONS, 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 THE FOLLOWING FACILITIES LOCATED
WITHIN THIS STATE:
(A) AN INCINERATOR;
(B) A LANDFILL;
(C) A TRANSFER STATION; OR
(D) A FACILITY 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 INCINERATOR SHALL POST, IN A CONSPICUOUS LOCATION
AT THE FACILITY, A SIGN STATING THAT SOLAR PANELS ARE NOT ACCEPTED AT
THE FACILITY.
§ 3. a. Any consumer or qualified contractor who replaces a solar
panel from a building shall deliver the solar panel to an appropriate
collection site.
S. 2837--B 5
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 deliver the solar panels to 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 this state for the sale, distribution, service,
removal, collection and recycling 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 conservation law.
§ 4. This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2029.
