S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6317
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 S. 6317                             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
 S. 6317                             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
 S. 6317                             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.