S T A T E O F N E W Y O R K
________________________________________________________________________
6887
2023-2024 Regular Sessions
I N A S S E M B L Y
May 8, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the public authorities law, in relation to establishing
a do-not-solicit solar development statewide registry prohibiting
solar solicitors from contacting persons who are included on such
registry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1885 to read as follows:
§ 1885. SOLAR SOLICITATION; ESTABLISHMENT OF DO-NOT-SOLICIT SOLAR
DEVELOPMENT STATEWIDE REGISTRY. 1. AS USED IN THIS SECTION, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PRESIDENT" MEANS THE PRESIDENT OF THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY.
(B) "SOLAR DEVELOPER" MEANS A BUSINESS THAT FINANCES, INSTALLS, OWNS,
OPERATES AND/OR MAINTAINS SOLAR PANELS FOR THE PURPOSES OF GENERATING
ELECTRICITY.
(C) "SOLAR SOLICITOR" MEANS ANY PERSON WHO, FOR FINANCIAL PROFIT OR
COMMERCIAL PURPOSES IN CONNECTION WITH SOLAR DEVELOPMENT, MAKES SOLAR
MARKETING SALES CALLS, ELECTRONIC MESSAGING, OR ON-PREMISES SALES
APPEALS TO A CUSTOMER WHEN THE CUSTOMER IS IN THIS STATE OR ANY PERSON
WHO DIRECTLY CONTROLS OR SUPERVISES THE CONDUCT OF A SOLAR SOLICITOR.
(D) "COMMERCIAL PURPOSES" MEANS THE SALE OR OFFER FOR SALE OR LEASE OF
PROPERTY FOR THE PURPOSES OF CONSTRUCTING MAJOR SOLAR ENERGY GENERATION
PROJECTS.
(E) "CUSTOMER" MEANS ANY NATURAL PERSON WHO IS A RESIDENT OF THIS
STATE AND WHO IS OR MAY BE OFFERED PAYMENT FOR PORTIONS OF LAND FOR THE
PURPOSES OF THE INSTALLATION OF SOLAR PANELS FOR ELECTRICITY GENERATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10605-03-3
A. 6887 2
(F) "DOING BUSINESS IN THIS STATE" MEANS CONDUCTING SOLAR SOLICITATION
CALLS: (I) FROM A LOCATION IN THIS STATE; OR (II) FROM A LOCATION
OUTSIDE OF THIS STATE TO CONSUMERS RESIDING IN THIS STATE.
(G) "UNSOLICITED SOLAR DEVELOPMENT CALL" MEANS ANY SOLAR SOLICITATION
CALL, ELECTRONIC MESSAGING, OR ON-PREMISES APPEAL OTHER THAN A CALL,
ELECTRONIC MESSAGE OR ON-PREMISES APPEAL:
(I) IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST BY THE CUSTOM-
ER; OR
(II) IN CONNECTION WITH AN ESTABLISHED BUSINESS RELATIONSHIP, WHICH
HAS NOT BEEN TERMINATED BY EITHER PARTY, UNLESS SUCH CUSTOMER HAS STATED
TO THE SOLAR SOLICITOR THAT SUCH CUSTOMER NO LONGER WISHES TO RECEIVE
THE SOLAR SOLICITATION CALLS OF SUCH SOLAR SOLICITOR.
(H) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY
A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND NAME
OF THE PERSON CALLING.
(I) "CALLER IDENTIFICATION SERVICE" MEANS A SERVICE THAT ALLOWS A
TELEPHONE SUBSCRIBER TO HAVE THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
NAME OF THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH THE TELE-
PHONE CALL, AND DISPLAYED ON A DEVICE IN OR CONNECTED TO THE SUBSCRIB-
ER'S TELEPHONE.
(J) "ELECTRONIC MESSAGING" MEANS: REAL-TIME OR NEAR REAL-TIME NON-
VOICE MESSAGES IN TEXT FORM OVER COMMUNICATIONS NETWORKS, AND INCLUDES
THE TRANSMISSION OF WRITING, SIGNS, SIGNALS, PICTURES, AND SOUNDS OF ALL
KINDS BY AID OF WIRE, CABLE OR OTHER LIKE CONNECTION BETWEEN THE POINTS
OF ORIGIN AND RECEPTION OF SUCH TRANSMISSION; OR AN ELECTRONIC MESSAGE
OR AN EXECUTABLE PROGRAM OR COMPUTER FILE THAT CONTAINS AN IMAGE OF A
MESSAGE THAT IS TRANSMITTED BETWEEN TWO OR MORE COMPUTERS OR ELECTRONIC
TERMINALS. SUCH TERM SHALL INCLUDE ELECTRONIC MESSAGES THAT ARE TRANS-
MITTED WITHIN OR BETWEEN COMPUTER NETWORKS.
(K) "ON-PREMISES SALES APPEALS" MEANS IN-PERSON COMMUNICATION TAKING
PLACE AT OR IN THE VICINITY OF THE CUSTOMER'S RESIDENCE OR THE LAND
WHICH THE SOLAR SOLICITOR IS OFFERING TO PURCHASE OR LEASE.
2. NO SOLAR SOLICITOR SHALL ENGAGE IN SOLAR SOLICITATION AT ANY TIME
OTHER THAN BETWEEN 8:00 A.M. AND 7:00 P.M. AT THE LOCATION OF THE
CUSTOMER UNLESS THE CUSTOMER HAS GIVEN THEIR EXPRESS CONSENT TO THE CALL
AT A DIFFERENT TIME. SOLAR SOLICITORS SHALL PROVIDE, IN A CLEAR AND
COHERENT MANNER USING WORDS WITH COMMON AND EVERYDAY MEANINGS, AT THE
BEGINNING OF EACH SOLAR SOLICITATION CALL ALL OF THE FOLLOWING INFORMA-
TION, PROVIDED THAT THE INFORMATION SET FORTH IN PARAGRAPHS (A) AND (B)
OF THIS SUBDIVISION SHALL BE GIVEN TO THE CUSTOMER FIRST:
(A) THE SOLAR SOLICITOR'S NAME AND THE PERSON ON WHOSE BEHALF THE
SOLICITATION IS BEING MADE, IF OTHER THAN THE SOLAR SOLICITOR;
(B) THE OPTION TO BE AUTOMATICALLY ADDED TO THE SELLER'S ENTITY
SPECIFIC DO-NOT-SOLICIT LIST, AS REQUIRED BY SUBDIVISION THREE OF THIS
SECTION;
(C) WHETHER THE CALL IS BEING RECORDED; AND
(D) THE PURPOSE OF THE TELEPHONE CALL.
2-A. IT SHALL BE UNLAWFUL FOR ANY SOLAR SOLICITOR TO KNOWINGLY CAUSE
ANY CALLER IDENTIFICATION SERVICE TO TRANSMIT MISLEADING, INACCURATE, OR
FALSE CALLER IDENTIFICATION INFORMATION, PROVIDED THAT IT SHALL NOT BE A
VIOLATION OF THIS SECTION TO SUBSTITUTE (FOR THE NAME AND PHONE NUMBER
USED IN, OR BILLED FOR, MAKING THE CALL) THE NAME OR TELEPHONE NUMBER OF
THE PERSON OR SELLER ON BEHALF OF WHICH A SOLAR SOLICITATION CALL IS
PLACED.
3. THE AUTHORITY IS AUTHORIZED TO ESTABLISH, MANAGE, AND MAINTAIN A
DO-NOT-SOLICIT SOLAR DEVELOPMENT STATEWIDE REGISTRY WHICH SHALL CONTAIN
A. 6887 3
A LIST OF CUSTOMERS WHO DO NOT WISH TO RECEIVE UNSOLICITED SOLAR SOLIC-
ITATION CALLS. THE AUTHORITY MAY CONTRACT WITH A PRIVATE VENDOR TO
ESTABLISH, MANAGE AND MAINTAIN SUCH A REGISTRY, AND SUCH CONTRACT SHALL
REQUIRE THE VENDOR TO PROVIDE THE NO SOLAR SOLICITATION CALLS REGISTRY
IN A PRINTED HARD COPY FORMAT AND IN ANY OTHER FORMAT AS PRESCRIBED BY
THE AUTHORITY.
4. NO SOLAR SOLICITOR MAY MAKE OR CAUSE TO BE MADE ANY UNSOLICITED
SOLAR DEVELOPMENT CALL TO ANY CUSTOMER WHEN SUCH CUSTOMER'S TELEPHONE
NUMBER, EMAIL ADDRESS, ADDRESS OF THE CUSTOMER'S RESIDENCE OR ADDRESS OF
THE LAND WHICH THE SOLAR SOLICITOR IS OFFERING TO PURCHASE OR LEASE HAS
BEEN ON THE STATEWIDE DO-NOT-SOLICIT REGISTRY ESTABLISHED BY THE AUTHOR-
ITY FOR A PERIOD OF THIRTY-ONE DAYS PRIOR TO THE DATE THE CALL IS MADE.
4-A. IT SHALL BE UNLAWFUL FOR ANY SOLAR SOLICITOR DOING BUSINESS IN
THIS STATE TO KNOWINGLY MAKE AN UNSOLICITED SOLAR DEVELOPMENT CALL TO
ANY PERSON IN A COUNTY, CITY, TOWN OR VILLAGE UNDER A DECLARED LOCAL
STATE OF EMERGENCY, PURSUANT TO SECTION TWENTY-FOUR OF THE EXECUTIVE
LAW, OR STATE DECLARED DISASTER EMERGENCY, PURSUANT TO SECTION TWENTY-
EIGHT OF THE EXECUTIVE LAW.
5. NO SOLAR SOLICITOR SHALL INITIATE ANY SOLAR SOLICITATION CALL BY
MEANS OF A TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE, UNLESS THE
SOLAR SOLICITOR HAS OBTAINED FROM THE CUSTOMER AN EXPRESS AGREEMENT, IN
WRITING THAT:
(A) THE SOLAR SOLICITOR OBTAINED ONLY AFTER A CLEAR AND CONSPICUOUS
DISCLOSURE THAT THE PURPOSE OF THE AGREEMENT IS TO AUTHORIZE THE DEVEL-
OPER TO MAKE SOLAR SOLICITATION CALLS TO SUCH CUSTOMER;
(B) THE SOLAR SOLICITOR OBTAINED WITHOUT REQUIRING, DIRECTLY OR INDI-
RECTLY, THAT THE AGREEMENT BE EXECUTED AS A CONDITION OF SELLING OR
LEASING PORTIONS OF LAND FOR THE PURPOSES OF THE INSTALLATION OF SOLAR
PANELS FOR ELECTRICITY GENERATION;
(C) EVIDENCES THE WILLINGNESS OF THE CUSTOMER TO RECEIVE SOLAR SOLIC-
ITATION CALLS BY OR MADE ON BEHALF OF A SPECIFIC SELLER; AND
(D) INCLUDES SUCH CUSTOMER'S TELEPHONE NUMBER AND SIGNATURE.
6. IN THE CASE OF ANY SOLAR SOLICITATION CALL MADE BY A NATURAL
PERSON, THE SOLAR SOLICITOR SHALL INFORM THE CUSTOMER THAT THEY MAY
REQUEST THAT THEIR TELEPHONE NUMBER, EMAIL ADDRESS, ADDRESS OF THE
CUSTOMER'S RESIDENCE OR ADDRESS OF THE LAND WHICH THE SOLAR SOLICITOR IS
OFFERING TO PURCHASE OR LEASE BE ADDED TO THE SELLER'S ENTITY SPECIFIC
DO-NOT-SOLICIT REGISTRY. IF THE CUSTOMER OPTS TO DO SO, THE SOLAR SOLI-
CITOR SHALL IMMEDIATELY END THE CALL AND SHALL ADD THE NUMBER CALLED TO
SUCH LIST OR CAUSE THE NUMBER CALLED TO BE ADDED TO SUCH LIST.
7. NO SOLAR SOLICITOR OR DEVELOPER SHALL TRANSMIT, SHARE, OR OTHERWISE
MAKE AVAILABLE ANY CUSTOMER'S CONTACT INFORMATION, INCLUDING NAME, TELE-
PHONE NUMBER, OR EMAIL ADDRESS, WHICH HAS BEEN PROVIDED TO SUCH SOLAR
SOLICITOR OR DEVELOPER BY SUCH CUSTOMER, TO ANY PERSON, CORPORATION, OR
OTHER ENTITY WITHOUT THE EXPRESS AGREEMENT OF THE CONSUMER IN WRITING OR
IN ELECTRONIC FORMAT, UNLESS OTHERWISE REQUIRED BY LAW, OR PURSUANT TO A
LAWFUL SUBPOENA OR COURT ORDER.
8. SOLAR SOLICITORS OR DEVELOPERS SHALL KEEP RECORDS RELATING TO ITS
SOLICITATION ACTIVITIES FOR A PERIOD OF SIXTY MONTHS FROM THE DATE THE
RECORD IS CREATED.
9. (A) THE AUTHORITY SHALL PROVIDE NOTICE TO CUSTOMERS OF THE ESTAB-
LISHMENT OF THE STATEWIDE DO-NOT-SOLICIT REGISTRY. ANY CUSTOMER WHO
WISHES TO BE INCLUDED ON SUCH REGISTRY SHALL NOTIFY THE AUTHORITY IN THE
MANNER PROVIDED FOR BY THE AUTHORITY.
(B) ANY COMPANY THAT PROVIDES LOCAL TELEPHONE DIRECTORIES TO CUSTOMERS
IN THIS STATE SHALL INFORM ITS CUSTOMERS OF THE PROVISIONS OF THIS
A. 6887 4
SECTION BY MEANS OF PUBLISHING A NOTICE IN SUCH LOCAL TELEPHONE DIRECTO-
RIES.
10. WHEN THE AUTHORITY HAS REASON TO BELIEVE A SOLAR SOLICITOR OR
DEVELOPER HAS ENGAGED IN REPEATED UNLAWFUL ACTS IN VIOLATION OF THIS
SECTION, OR WHEN A NOTICE OF HEARING HAS BEEN ISSUED PURSUANT TO SUBDI-
VISION ELEVEN OF THIS SECTION, THE AUTHORITY MAY REQUEST IN WRITING THE
PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS AS PART OF ITS INVESTI-
GATION. IF THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE
THE DOCUMENTS OR RECORDS WITHIN THIRTY DAYS AFTER THE DATE OF THE
REQUEST, THE AUTHORITY MAY ISSUE AND SERVE SUBPOENAS TO COMPEL THE
PRODUCTION OF SUCH DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO
COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION, THE AUTHORITY MAY
PETITION A COURT OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND
SUCH SANCTIONS AS THE COURT MAY DIRECT.
11. (A) WHERE IT IS DETERMINED AFTER HEARING THAT ANY PERSON HAS
VIOLATED ONE OR MORE PROVISIONS OF THIS SECTION, THE PRESIDENT, OR HIS
OR HER DESIGNEE, MAY ASSESS A FINE OF ELEVEN THOUSAND DOLLARS FOR EACH
VIOLATION.
(B) WHERE IT IS DETERMINED AFTER HEARING THAT ANY PERSON HAS, ON A
SECOND, SEPARATE OCCASION VIOLATED ONE OR MORE PROVISIONS OF THIS
SECTION, THE PRESIDENT, OR THEIR DESIGNEE, MAY ASSESS A FINE OF TWENTY-
TWO THOUSAND DOLLARS FOR EACH VIOLATION.
(C) WHERE IT IS DETERMINED AFTER HEARING THAT ANY PERSON HAS, ON A
THIRD, SEPARATE OCCASION VIOLATED ONE OR MORE PROVISIONS OF THIS
SECTION, THE AUTHORITY IN CONJUNCTION WITH THE OFFICE FOR RENEWABLE
ENERGY SITING, SHALL REVOKE ANY DEVELOPMENT PERMITS FOR THE SOLAR DEVEL-
OPER AND PLACE THEIR NAME ON A PUBLIC REGISTRY, CREATED BY THE AUTHORI-
TY, OF COMPANIES THAT HAVE REPEATEDLY VIOLATED THE PROVISIONS OF THIS
SECTION.
(D) ANY PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
(E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO RESTRICT ANY
RIGHT WHICH ANY PERSON MAY HAVE UNDER ANY OTHER LAW, RULE OR REGULATION.
12. THE AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS FOR THE
ADMINISTRATION OF THIS SECTION.
13. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS
SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.