S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10719
 
                           I N  A S S E M B L Y
 
                             September 9, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
   --  read once and referred to the Committee on Environmental Conserva-
   tion
 
 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 33 to read as follows:
                                 TITLE 33
                        SOLAR PANEL COLLECTION ACT
 SECTION 27-3301. DEFINITIONS.
         27-3303. SOLAR PANEL COLLECTION.
         27-3305. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
         27-3307. DEPARTMENT RESPONSIBILITIES.
         27-3309. DISPOSAL PROHIBITION.
 § 27-3301. 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.
   6. "SOLAR PANEL MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A  NAME
 BRAND OF ONE OR MORE SOLAR PANELS SOLD IN THE STATE.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16120-01-2
 A. 10719                            2
 
   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.
 § 27-3303. 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) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,  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)  WITHIN  ONE YEAR   OF THE EFFECTIVE DATE OF THIS SECTION, 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)  WITHIN  ONE YEAR   OF THE EFFECTIVE DATE OF THIS SECTION, 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
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   (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. WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF  THIS  SECTION,  AND  NO
 LATER  THAN  APRIL  FIRST  OF  EACH  YEAR  THEREAFTER,  EACH SOLAR PANEL
 MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER SOLAR  PANEL
 MANUFACTURERS,  SUBMIT AN ANNUAL REPORT ON ITS COLLECTION PROGRAM TO THE
 DEPARTMENT COVERING THE ONE-YEAR PERIOD ENDING DECEMBER THIRTY-FIRST  OF
 THE PREVIOUS 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 OR 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.  WITHIN  EIGHTEEN  MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, 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 PARTIC-
 IPATION WOULD POSE AN UNDUE BURDEN.
 § 27-3305. 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.
 § 27-3307. DEPARTMENT RESPONSIBILITIES.
   1. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPART-
 MENT  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
 A. 10719                            4
 
   (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.  WITHIN  FOUR  YEARS  OF  THE  EFFECTIVE  DATE OF THIS SECTION, THE
 DEPARTMENT SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE  LEGIS-
 LATURE  REGARDING  THE  EFFECTIVENESS  OF THE COLLECTION PROGRAMS ESTAB-
 LISHED 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  AVAIL-
 ABLE  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
 ORGANIZATIONS, MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
 § 27-3309. 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
 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, 2034.