NY State Senate Bill 2023-S1691

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Jan 13, 2023	referred to environmental conservation

co-Sponsors

2023-S1691 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3411, En Con L; add §99-qq, St Fin L

2023-S1691 (ACTIVE) - Summary

Relates to enacting the "New York photovoltaic module stewardship and take-back program act"; provides that the department of environmental conservation shall develop guidance for a photovoltaic module stewardship and take-back program to guide manufacturers in preparing and implementing a self-directed program to ensure the convenient, safe, and environmentally sound take-back and recycling of photovoltaic modules and their components and materials; establishes the photovoltaic module recycling account for the purpose of paying all costs of the department of environmental conservation for management and administration of the New York photovoltaic module stewardship and take-back program.

2023-S1691 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1691

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law and the state finance
law, in relation to enacting the "New York photovoltaic module steward-
ship and take-back program act"

 
PURPOSE:

Enacts the New York photovoltaic module stewardship and take-back
program act

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the title, the "New York photovoltaic module steward-
ship and take-back program act"

Section 2 amends article 27 of the environmental conservation law is by
adding a new title 34.

Section 27-3401 Provides the Definitions.

Section 27-3403 establishes the New York photovoltaic module stewardship
and take-back program. Provides that the department shall develop guid-
ance for a photovoltaic module stewardship and takeback program to guide
manufacturers in preparing and implementing a self directed program to
ensure the convenient, safe, and environmentally sound takeback and
recycling of photovoltaic modules and their components and materials.

Section 27-3405 provides rules for Manufacturer Stewardship plans.  Each
manufacturer must prepare and submit a stewardship plan to the depart-
ment by either January 1, 2025, or within thirty days of its first sale
of a photovoltaic module in or into the state, whichever is later.

Section 27-3407 provides that beginning December 1, 2027 a manufacturer,
or its designated stewardship organization shall provide annual reports
to the department.

Section 27-3409 provides that the department may adopt rules as neces-
sary for the purpose of impIerdeilting, administering, and enforcing
this act.

Section 27-3411 provides that the department me collect administrative
fees from manufacturers.

Section 3 adding a new section 99-qq to the state finance law is
amended: provides that the department, in consultation with the comp-
troller shall implement a photovoltaic module recycling account.

Section 4 sets the effective date.

 
JUSTIFICATION:

Recycling of PV panels brings several advantages over disposal, includ-
ing reservation of landfill space, reduced emissions to the environment,
and conservation of raw materials. Components of PV panels, such as
scrap metal, glass, and semiconductor material, can be recycled, while
entire PV panels can often be reused to make new panels, which in turn
creates a "double greening" benefit where a green renewable-energy prod-
uct is reused to create another one.

Many of the elements contained in solar panels are ranked highly as
priority hazardous substances by the Agency for Toxic Substances and
Disease Registry (ATDR). The extent of the damage caused from the
improper disposal of solar panels and PV technologies are not well
understood and may pose new or unknown risks for the future.

To complement its end-of-life cycle this policy requires that NYSERDA
establish an extended producer responsibility program for end-of-life
management of PVs. Solar energy is promoted as green and pollution-free,
but this can only be true if PV products do not pile up in landfills or
leave other damaging footprints on the environment. A kick in date of 2
years after the effective date also gives producers the proper time to
implement a proper program.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

XXX

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S1691 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1691
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 and the state finance
   law, in  relation  to  enacting  the  "New  York  photovoltaic  module
   stewardship and take-back program act"

   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  "New  York  photovoltaic  module  stewardship and take-back program
 act".
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 34 to read as follows:
 
                                 TITLE 34
      NEW YORK PHOTOVOLTAIC MODULE STEWARDSHIP AND TAKE-BACK PROGRAM
 SECTION 27-3401. DEFINITIONS.
         27-3403. NEW  YORK PHOTOVOLTAIC MODULE STEWARDSHIP AND TAKE-BACK
                    PROGRAM.
         27-3405. MANUFACTURER STEWARDSHIP PLANS.
         27-3407. ANNUAL REPORT.
         27-3409. ENFORCEMENT.
         27-3411. ADMINISTRATIVE FEE.
 § 27-3401. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "MANUFACTURER"  MEANS ANY PERSON IN BUSINESS OR NO LONGER IN BUSI-
 NESS BUT HAVING A SUCCESSOR IN INTEREST WHO, IRRESPECTIVE OF THE SELLING
 TECHNIQUE USED, INCLUDING BY MEANS OF DISTANCE OR REMOTE SALE:
   (A) MANUFACTURES OR HAS MANUFACTURED A PHOTOVOLTAIC MODULE  UNDER  ITS
 OWN BRAND NAMES FOR SALE IN OR INTO THIS STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05719-01-3
 S. 1691                             2

 
   (B)  ASSEMBLES  OR HAS ASSEMBLED A PHOTOVOLTAIC MODULE THAT USES PARTS
 MANUFACTURED BY OTHERS FOR SALE IN OR INTO THIS STATE UNDER  THE  ASSEM-
 BLER'S BRAND NAMES;
   (C)  RESELLS  OR  HAS RESOLD IN OR INTO THIS STATE UNDER ITS OWN BRAND
 NAMES A PHOTOVOLTAIC  MODULE  PRODUCED  BY  OTHER  SUPPLIERS,  INCLUDING
 RETAIL  ESTABLISHMENTS  THAT  SELL  PHOTOVOLTAIC MODULES UNDER THEIR OWN
 BRAND NAMES;
   (D) MANUFACTURES OR HAS MANUFACTURED A COBRANDED  PHOTOVOLTAIC  MODULE
 PRODUCT FOR SALE IN OR INTO THIS STATE THAT CARRIES THE NAME OF BOTH THE
 MANUFACTURER AND A RETAILER;
   (E)  IMPORTS  OR  HAS  IMPORTED  A PHOTOVOLTAIC MODULE INTO THE UNITED
 STATES THAT IS SOLD IN OR INTO THIS  STATE.  HOWEVER,  IF  THE  IMPORTED
 PHOTOVOLTAIC MODULE IS MANUFACTURED BY ANY PERSON WITH A PRESENCE IN THE
 UNITED  STATES  MEETING THE CRITERIA OF MANUFACTURER UNDER THIS SUBDIVI-
 SION, THAT PERSON IS THE MANUFACTURER;
   (F) SELLS AT RETAIL A PHOTOVOLTAIC MODULE ACQUIRED  FROM  AN  IMPORTER
 THAT  IS THE MANUFACTURER AND ELECTS TO REGISTER AS THE MANUFACTURER FOR
 THOSE PRODUCTS; OR
   (G) ELECTS TO ASSUME THE RESPONSIBILITY AND  REGISTER  IN  LIEU  OF  A
 MANUFACTURER AS DEFINED UNDER THIS SUBDIVISION;
   2. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, COMPA-
 NY,  CORPORATION,  LIMITED  LIABILITY  COMPANY,  NONPROFIT ORGANIZATION,
 ASSOCIATION, GOVERNMENTAL ENTITY, EDUCATIONAL OR CULTURAL  INSTITUTIONS,
 PUBLIC  BENEFIT  CORPORATION,  OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY
 OFFICER OR EMPLOYEE OR AGENT THEREOF;
   3. "PHOTOVOLTAIC MODULE" MEANS THE  SMALLEST  NON-DIVISIBLE,  ENVIRON-
 MENTALLY  PROTECTED ASSEMBLY OF PHOTOVOLTAIC CELLS OR OTHER PHOTOVOLTAIC
 COLLECTOR TECHNOLOGY AND ANCILLARY PARTS INTENDED TO GENERATE ELECTRICAL
 POWER UNDER SUNLIGHT, EXCEPT THAT "PHOTOVOLTAIC MODULE" DOES NOT INCLUDE
 A PHOTOVOLTAIC CELL THAT IS PART OF A  CONSUMER  ELECTRONIC  DEVICE  FOR
 WHICH  IT  PROVIDES  ELECTRICITY  NEEDED TO MAKE THE CONSUMER ELECTRONIC
 DEVICE FUNCTION. "PHOTOVOLTAIC MODULE" INCLUDES BUT IS  NOT  LIMITED  TO
 INTERCONNECTIONS,  TERMINALS, AND PROTECTIVE DEVICES SUCH AS DIODES THAT
 ARE:
   (A) INSTALLED ON, CONNECTED TO, OR INTEGRAL WITH BUILDINGS; OR
   (B) USED AS COMPONENTS OF  FREESTANDING,  OFF-GRID,  POWER  GENERATION
 SYSTEMS,  SUCH  AS FOR POWERING WATER PUMPING STATIONS, ELECTRIC VEHICLE
 CHARGING STATIONS, FENCING, STREET AND SIGNAGE LIGHTS, AND OTHER COMMER-
 CIAL OR AGRICULTURAL PURPOSES;
   4. "REUSE" MEANS ANY OPERATION BY WHICH A  PHOTOVOLTAIC  MODULE  OR  A
 COMPONENT OF A PHOTOVOLTAIC MODULE CHANGES OWNERSHIP AND IS USED FOR THE
 SAME PURPOSE FOR WHICH IT WAS ORIGINALLY PURCHASED;
   5.  "STEWARDSHIP ORGANIZATION" MEANS A PERSON APPOINTED BY ONE OR MORE
 MANUFACTURERS TO ACT ON BEHALF OF  THE  MANUFACTURER  TO  IMPLEMENT  AND
 OPERATE A STEWARDSHIP PLAN UNDER THIS TITLE;
   6.  "STEWARDSHIP  PLAN"  MEANS THE PLAN DEVELOPED BY A MANUFACTURER OR
 ITS DESIGNATED STEWARDSHIP ORGANIZATION FOR A SELF-DIRECTED  STEWARDSHIP
 PROGRAM; AND
   7.  "STEWARDSHIP PROGRAM" MEANS THE ACTIVITIES CONDUCTED BY A MANUFAC-
 TURER OR A STEWARDSHIP ORGANIZATION TO FULFILL THE REQUIREMENTS OF  THIS
 TITLE AND IMPLEMENT THE ACTIVITIES DESCRIBED IN ITS STEWARDSHIP PLAN.
 § 27-3403. NEW   YORK  PHOTOVOLTAIC  MODULE  STEWARDSHIP  AND  TAKE-BACK
              PROGRAM.
   1. THE DEPARTMENT SHALL DEVELOP GUIDANCE  FOR  A  PHOTOVOLTAIC  MODULE
 STEWARDSHIP  AND  TAKE-BACK  PROGRAM TO GUIDE MANUFACTURERS IN PREPARING
 AND IMPLEMENTING A SELF-DIRECTED PROGRAM TO ENSURE THE CONVENIENT, SAFE,
 S. 1691                             3
 
 AND  ENVIRONMENTALLY  SOUND  TAKE-BACK  AND  RECYCLING  OF  PHOTOVOLTAIC
 MODULES  AND  THEIR  COMPONENTS AND MATERIALS. BY DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT SHALL ESTABLISH  A  PROCESS  TO
 DEVELOP  GUIDANCE  FOR  PHOTOVOLTAIC MODULE STEWARDSHIP PLANS BY WORKING
 WITH MANUFACTURERS, STEWARDSHIP ORGANIZATIONS, AND OTHER STAKEHOLDERS ON
 THE CONTENT, REVIEW, AND APPROVAL OF STEWARDSHIP PLANS.
   2. A MANUFACTURER SHALL ANNUALLY REVIEW AND AMEND, IF  NECESSARY,  ITS
 STEWARDSHIP PLAN. THE DEPARTMENT SHALL APPROVE THE AMENDMENT IF IT MEETS
 THE  REQUIREMENTS  FOR  PLAN APPROVAL OUTLINED IN THE DEPARTMENT'S GUID-
 ANCE.
   3. A STEWARDSHIP ORGANIZATION MAY BE DESIGNATED TO ACT AS AN AGENT  ON
 BEHALF  OF A MANUFACTURER OR MANUFACTURERS IN IMPLEMENTING AND OPERATING
 THE STEWARDSHIP PROGRAM REQUIRED UNDER THIS TITLE. THE DEPARTMENT  SHALL
 DEVELOP RULES AND GUIDANCE FOR ADHERENCE TO SUCH DESIGNATION.
 § 27-3405. MANUFACTURER STEWARDSHIP PLANS.
   1.  EACH  MANUFACTURER  SHALL PREPARE AND SUBMIT A STEWARDSHIP PLAN TO
 THE DEPARTMENT BY THE LATER OF JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX,
 OR  WITHIN  THIRTY DAYS OF ITS FIRST SALE OF A PHOTOVOLTAIC MODULE IN OR
 INTO THE STATE. A MANUFACTURER SHALL IMPLEMENT THE STEWARDSHIP PLAN.
   2. A STEWARDSHIP PLAN SHALL, AT A MINIMUM:
   (A) DESCRIBE HOW MANUFACTURERS WILL FINANCE THE TAKE-BACK AND  RECYCL-
 ING  SYSTEM,  AND  INCLUDE  AN ADEQUATE FUNDING MECHANISM TO FINANCE THE
 COSTS OF COLLECTION, MANAGEMENT, AND RECYCLING OF  PHOTOVOLTAIC  MODULES
 AND RESIDUALS SOLD IN OR INTO THE STATE BY THE MANUFACTURER WITH A MECH-
 ANISM  THAT  ENSURES THAT PHOTOVOLTAIC MODULES CAN BE DELIVERED TO TAKE-
 BACK LOCATIONS WITHOUT COST TO THE LAST OWNER OR HOLDER;
   (B) DESCRIBE HOW THE PROGRAM WILL MINIMIZE THE  RELEASE  OF  HAZARDOUS
 SUBSTANCES  INTO  THE  ENVIRONMENT  AND  MAXIMIZE  THE RECOVERY OF OTHER
 COMPONENTS, INCLUDING RARE  EARTH  ELEMENTS  AND  COMMERCIALLY  VALUABLE
 MATERIALS;
   (C)  PROVIDE  FOR  THE  TAKE-BACK OF PHOTOVOLTAIC MODULES AT LOCATIONS
 THAT ARE WITHIN THE REGION  OF  THE  STATE  IN  WHICH  THE  PHOTOVOLTAIC
 MODULES  WERE  USED AND ARE AS CONVENIENT AS REASONABLY PRACTICABLE, AND
 IF NO SUCH LOCATION WITHIN THE REGION OF THE STATE  EXISTS,  INCLUDE  AN
 EXPLANATION FOR THE LACK OF SUCH LOCATION;
   (D) PROVIDE A PROCESS FOR RELEVANT STAKEHOLDERS TO RECEIVE INFORMATION
 REQUIRED IN ORDER TO PARTICIPATE IN THE PROGRAM; AND
   (E) ESTABLISH PERFORMANCE GOALS.
 § 27-3407. ANNUAL REPORT.
   BEGINNING  DECEMBER  FIRST,  TWO  THOUSAND  TWENTY-SEVEN, AND ANNUALLY
 THEREAFTER, A MANUFACTURER, OR ITS DESIGNATED STEWARDSHIP  ORGANIZATION,
 SHALL  PROVIDE TO THE DEPARTMENT A REPORT FOR THE PREVIOUS CALENDAR YEAR
 THAT DOCUMENTS  IMPLEMENTATION  OF  THE  PLAN,  RECOMMENDATIONS  TO  THE
 DEPARTMENT,  AND  AN  ASSESSMENT  OF  ITS ACHIEVEMENT OF ITS PERFORMANCE
 GOALS. SUCH REPORT SHALL BE POSTED ON THE MANUFACTURER'S PUBLICLY ACCES-
 SIBLE WEBSITE.
 § 27-3409. ENFORCEMENT.
   THE DEPARTMENT MAY ADOPT RULES AS NECESSARY FOR THE PURPOSE OF  IMPLE-
 MENTING, ADMINISTERING, AND ENFORCING THIS TITLE.
 § 27-3411. ADMINISTRATIVE FEE.
   THE DEPARTMENT MAY COLLECT A FLAT FEE FROM PARTICIPATING MANUFACTURERS
 TO  RECOVER COSTS ASSOCIATED WITH STEWARDSHIP PROGRAM AND PLAN GUIDANCE,
 REVIEW, AND APPROVAL PROCESSES. ALL FEES  COLLECTED  FROM  MANUFACTURERS
 UNDER THIS TITLE SHALL BE DEPOSITED IN THE PHOTOVOLTAIC MODULE RECYCLING
 ACCOUNT  ESTABLISHED  PURSUANT  TO  SECTION  NINETY-NINE-QQ OF THE STATE
 FINANCE LAW.
 S. 1691                             4
 
   § 3. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   §  99-QQ.  PHOTOVOLTAIC  MODULE  RECYCLING ACCOUNT. 1. THERE IS HEREBY
 ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER  AN  ACCOUNT  TO  BE
 KNOWN AS THE "PHOTOVOLTAIC MODULE RECYCLING ACCOUNT".
   2.  THE PHOTOVOLTAIC MODULE RECYCLING ACCOUNT SHALL CONSIST OF (A) ANY
 FUNDS RECEIVED FROM AND IN COMPLIANCE WITH  THE  FEDERAL  INFRASTRUCTURE
 INVESTMENT AND JOBS ACT AND THE INFLATION REDUCTION ACT APPROPRIATED FOR
 THE  IMPLEMENTATION  OF TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW,  (B)  ALL  FEES  COLLECTED  PURSUANT  TO
 SECTION 27-3411 OF THE ENVIRONMENTAL CONSERVATION LAW, AND (C) ALL OTHER
 MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
 PURSUANT TO LAW.
   3. MONEYS IN SUCH FUND MAY BE USED, FOR  THE  PURPOSE  OF  PAYING  ALL
 COSTS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR MANAGEMENT AND
 ADMINISTRATION OF THE NEW YORK PHOTOVOLTAIC MODULE STEWARDSHIP AND TAKE-
 BACK PROGRAM ESTABLISHED BY TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   4.  FUNDS IN THE ACCOUNT MAY NOT BE DIVERTED FOR ANY PURPOSE OR ACTIV-
 ITY OTHER THAN THOSE SPECIFIED IN THIS SECTION.
   § 4. This act shall take effect immediately.

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Senate Bill S1691

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2023-S1691 (ACTIVE) - Details

2023-S1691 (ACTIVE) - Summary

2023-S1691 (ACTIVE) - Sponsor Memo

2023-S1691 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1691

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Brian Kavanagh

2023-S1691 (ACTIVE) - Details

2023-S1691 (ACTIVE) - Summary

2023-S1691 (ACTIVE) - Sponsor Memo

2023-S1691 (ACTIVE) - Bill Text download pdf

Comments