S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1502--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the "responsible renewable energy recycling act"; and provid-
   ing 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 "responsible renewable energy recycling act".
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 34 to read as follows:
                                 TITLE 34
                RESPONSIBLE RENEWABLE ENERGY RECYCLING ACT
 SECTION 27-3401. DEFINITIONS.
         27-3403. SOLAR PANEL COLLECTION.
         27-3405. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
         27-3407. WIND TURBINE COLLECTION.
         27-3409. WIND TURBINE WHOLESALER AND RETAILER REQUIREMENTS.
         27-3411. BATTERY COLLECTION.
         27-3413. BATTERY WHOLESALER AND RETAILER REQUIREMENTS.
         27-3415. DEPARTMENT RESPONSIBILITIES.
         27-3417. DISPOSAL PROHIBITION.
 § 27-3401. DEFINITIONS.
   1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
 TION  AND  RECYCLING OF OUT-OF-SERVICE SOLAR PANELS, OUT-OF-SERVICE WIND
 TURBINES, OR OUT-OF-SERVICE BATTERIES THAT ARE FINANCED AND  MANAGED  OR
 PROVIDED  BY  A SOLAR PANEL, WIND TURBINE, OR BATTERY MANUFACTURER INDI-
 VIDUALLY OR COLLECTIVELY WITH OTHER MANUFACTURERS WITHIN THIS  STATE  IN
 ACCORDANCE WITH THIS TITLE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04422-02-5
              

 S. 1502--A                          2
 
   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,  WIND
 TURBINES,  OR  BATTERIES  AND  WHO EMPLOYS SEVEN OR MORE SERVICE TECHNI-
 CIANS.
   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. "MANUFACTURER" MEANS A PERSON WHO MANUFACTURES  ONE  OR  MORE  NAME
 BRAND SOLAR PANELS, WIND TURBINES, OR BATTERIES WITHIN THIS STATE.
   7. "RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS, WIND TURBINES, OR
 BATTERIES OF ANY KIND PRIMARILY TO HOMEOWNERS OR OTHER CONSUMERS THROUGH
 ANY SALE OR DISTRIBUTION MECHANISM INCLUDING SALES USING THE INTERNET OR
 CATALOGS.
   8.  "WHOLESALER" MEANS A PERSON WHO IS ENGAGED IN THE DISTRIBUTION AND
 WHOLESALE SELLING OF SOLAR PANELS, WIND TURBINES, OR BATTERIES TO QUALI-
 FIED CONTRACTORS OR OTHER CONSUMERS, AND  WHOSE  TOTAL  WHOLESALE  SALES
 ACCOUNT FOR EIGHTY PERCENT OR MORE OF ITS TOTAL SALES. A MANUFACTURER IS
 NOT, BY VIRTUE OF MANUFACTURING, A 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,
 WIND TURBINES, OR BATTERIES.
   10. "RECYCLING" MEANS REFURBISHING OUT-OF-SERVICE SOLAR  PANELS,  OUT-
 OF-SERVICE  WIND  TURBINES,  OR  OUT-OF-SERVICE  BATTERIES FOR CONTINUED
 REUSE AS A PRODUCT OR CAPTURING THE METALS VIA RECLAMATION.
   11. "OUT-OF-SERVICE  WIND  TURBINE"  MEANS  A  WIND  TURBINE  THAT  IS
 REMOVED, REPLACED OR OTHERWISE TAKEN OUT OF SERVICE.
   12.  "BATTERY"  MEANS  A BATTERY USED IN A BULK ENERGY BATTERY STORAGE
 SYSTEM.
   13. "OUT-OF-SERVICE BATTERY" MEANS A BATTERY THAT IS REMOVED, REPLACED
 OR OTHERWISE TAKEN OUT OF SERVICE.
 § 27-3403. 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 TWENTY-SEVEN, 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 TWENTY-SEVEN, 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. SUCH WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCA-
 TIONAL  MATERIALS  ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN
 S. 1502--A                          3
 
 BE EASILY DOWNLOADED AND PRINTED. THE LINK  TO  SUCH  WEBSITE  SHALL  BE
 PROVIDED TO THE DEPARTMENT;
   (II)  CONTACT  SOLAR  PANEL  WHOLESALERS  AT  LEAST  ONCE EACH 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
 PANELS  IN  THE STATE AND PROVIDE A LIST OF SUCH 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 SUCH  MATERIALS  TO
 TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
   (E)  ON  OR  BEFORE JULY FIRST, TWO THOUSAND TWENTY-SEVEN, DEVELOP AND
 UPDATE  AS  NECESSARY  EDUCATIONAL  AND  OTHER  OUTREACH  MATERIALS  FOR
 DISTRIBUTION  TO  QUALIFIED  CONTRACTORS,  CONTRACTOR  ASSOCIATIONS  AND
 CONSUMERS. SUCH MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPAT-
 ING SOLAR PANEL WHOLESALERS, SOLAR PANEL RETAILERS,  QUALIFIED  CONTRAC-
 TORS,  AND  QUALIFIED  GOVERNMENT  AUTHORITIES.    SUCH  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. SUCH
 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 SUCH 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-EIGHT, 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 MANUFACTURERS, 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
 S. 1502--A                          4
 
   (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.
   5.  ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-SEVEN, 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.
 § 27-3405. 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.
 § 27-3407. WIND TURBINE COLLECTION.
   1. EACH WIND TURBINE MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY,
 WITH OTHER WIND TURBINE MANUFACTURERS, ESTABLISH AND MAINTAIN A  PROGRAM
 FOR  THE COLLECTION, TRANSPORTATION AND RECYCLING OF OUT-OF-SERVICE WIND
 TURBINES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   2. EACH WIND TURBINE MANUFACTURER SHALL, INDIVIDUALLY OR  COLLECTIVELY
 WITH  OTHER  WIND TURBINE MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO
 THE FOLLOWING:
   (A) ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, COMPILE A  LIST
 OF WIND TURBINE WHOLESALERS WITHIN THIS STATE.
   (B)  ESTABLISH  A SYSTEM TO COLLECT, TRANSPORT AND RECYCLE OUT-OF-SER-
 VICE WIND TURBINES 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 TWENTY-FIVE, 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  WIND  TURBINES.  SUCH  WEBSITE  SHALL  INCLUDE TEMPLATES OF THE
 EDUCATIONAL MATERIALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT  THAT
 CAN  BE EASILY DOWNLOADED AND PRINTED. THE LINK TO SUCH WEBSITE SHALL BE
 PROVIDED TO THE DEPARTMENT;
   (II) CONTACT WIND TURBINE WHOLESALERS  AT  LEAST  ONCE  EACH  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 WIND TURBINES;
   (III) CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS  CONTRACTORS
 AND  CONSUMERS  TO  IDENTIFY  COLLECTION  SITES  FOR OUT-OF-SERVICE WIND
 TURBINES IN THE STATE AND PROVIDE A LIST OF SUCH 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 WIND TURBINES AND DISTRIBUTE SUCH MATERIALS  TO
 TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
   (E)  ON  OR  BEFORE  JULY FIRST, TWO THOUSAND TWENTY-FIVE, DEVELOP AND
 UPDATE  AS  NECESSARY  EDUCATIONAL  AND  OTHER  OUTREACH  MATERIALS  FOR
 DISTRIBUTION  TO  QUALIFIED  CONTRACTORS,  CONTRACTOR  ASSOCIATIONS  AND
 S. 1502--A                          5
 
 CONSUMERS. SUCH MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPAT-
 ING WIND TURBINE WHOLESALERS, WIND TURBINE RETAILERS, QUALIFIED CONTRAC-
 TORS,  AND  QUALIFIED  GOVERNMENT  AUTHORITIES.  SUCH  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 WIND TURBINES TO
 QUALIFIED CONTRACTORS AND CONSUMERS; AND
   (II)  WRITTEN  MATERIALS OR TEMPLATES OF MATERIALS FOR REPRODUCTION BY
 WIND TURBINE WHOLESALERS AND WIND TURBINE RETAILERS TO  BE  PROVIDED  TO
 CONSUMERS  AT  THE  TIME OF PURCHASE OR DELIVERY OF A WIND TURBINE. SUCH
 MATERIALS SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  INFORMATION  ON  THE
 IMPORTANCE  OF  RECYCLING OUT-OF-SERVICE WIND TURBINES AND OPPORTUNITIES
 FOR THE COLLECTION OF THESE WIND TURBINES.
   (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-SIX, AND NO LATER
 THAN APRIL FIRST OF EACH YEAR THEREAFTER, EACH WIND TURBINE MANUFACTURER
 SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER WIND TURBINE  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 WIND TURBINE MANUFACTURER'S
 OR PROGRAM OPERATOR'S RESPECTIVE INTERNET  WEBSITE.  THE  ANNUAL  REPORT
 SHALL INCLUDE THE FOLLOWING:
   (A)  THE NUMBER OF OUT-OF-SERVICE WIND TURBINES COLLECTED AND RECYCLED
 UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
   (B) A LIST OF ALL WIND  TURBINE  MANUFACTURERS,  WIND  TURBINE  WHOLE-
 SALERS,  CONTRACTORS,  QUALIFIED  LOCAL GOVERNMENT AUTHORITIES, AND WIND
 TURBINE  RETAILERS  PARTICIPATING  IN  THE  PROGRAM  AS   WIND   TURBINE
 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  WIND  TURBINES  WERE
 COLLECTED AND RECYCLED;
   (H)  ANY  MODIFICATIONS THAT THE WIND TURBINE 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  WIND TURBINE MANUFACTURERS PARTICIPATING IN THE PROGRAM SHALL
 HANDLE AND MANAGE ANY OUT-OF-SERVICE WIND TURBINES 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.
   5.  ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, NO WIND TURBINE
 MANUFACTURER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIB-
 UTE WIND TURBINES UNLESS THE MANUFACTURER PARTICIPATES AS  A  COLLECTION
 SITE  FOR OUT-OF-SERVICE WIND TURBINES OR REQUESTS AND RECEIVES A WAIVER
 FROM THE DEPARTMENT FOLLOWING A DEMONSTRATION  THAT  SUCH  PARTICIPATION
 WOULD POSE AN UNDUE BURDEN.
 § 27-3409. WIND TURBINE WHOLESALER AND RETAILER REQUIREMENTS.
   NO WIND TURBINE WHOLESALER OR RETAILER LOCATED WITHIN THIS STATE SHALL
 SELL,  OFFER  FOR  SALE  OR  DISTRIBUTE  ANY WIND TURBINE FOR FINAL SALE
 S. 1502--A                          6
 
 UNLESS THE MANUFACTURER OF SUCH WIND TURBINE IS LISTED  ON  THE  DEPART-
 MENT'S WEBSITE, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
 § 27-3411. BATTERY COLLECTION.
   1. EACH BATTERY MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY, WITH
 OTHER  BATTERY  MANUFACTURERS,  ESTABLISH AND MAINTAIN A PROGRAM FOR THE
 COLLECTION, TRANSPORTATION AND RECYCLING OF OUT-OF-SERVICE BATTERIES  IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   2.  EACH BATTERY MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY WITH
 OTHER BATTERY MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO THE FOLLOW-
 ING:
   (A) ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, COMPILE A  LIST
 OF BATTERY WHOLESALERS WITHIN THIS STATE.
   (B)  ESTABLISH  A SYSTEM TO COLLECT, TRANSPORT AND RECYCLE OUT-OF-SER-
 VICE BATTERIES 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 TWENTY-FIVE, 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  BATTERIES.  SUCH  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 SUCH WEBSITE SHALL BE
 PROVIDED TO THE DEPARTMENT;
   (II) CONTACT SOLAR PANEL  WHOLESALERS  AT  LEAST  ONCE  EACH  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 BATTERIES;
   (III) CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS  CONTRACTORS
 AND  CONSUMERS TO IDENTIFY COLLECTION SITES FOR OUT-OF-SERVICE BATTERIES
 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  BATTERIES  AND  DISTRIBUTE  SUCH MATERIALS TO
 TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
   (E) ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-FIVE,  DEVELOP  AND
 UPDATE  AS  NECESSARY  EDUCATIONAL  AND  OTHER  OUTREACH  MATERIALS  FOR
 DISTRIBUTION  TO  QUALIFIED  CONTRACTORS,  CONTRACTOR  ASSOCIATIONS  AND
 CONSUMERS. SUCH MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPAT-
 ING  BATTERY  WHOLESALERS, BATTERY RETAILERS, QUALIFIED CONTRACTORS, AND
 QUALIFIED GOVERNMENT AUTHORITIES. SUCH 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 BATTERIES TO
 QUALIFIED CONTRACTORS AND CONSUMERS; AND
   (II) WRITTEN MATERIALS OR TEMPLATES OF MATERIALS FOR  REPRODUCTION  BY
 BATTERY WHOLESALERS AND BATTERY RETAILERS TO BE PROVIDED TO CONSUMERS AT
 THE  TIME  OF  PURCHASE  OR  DELIVERY OF A BATTERY. SUCH MATERIALS SHALL
 INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON THE IMPORTANCE OF RECYCL-
 ING OUT-OF-SERVICE BATTERIES AND OPPORTUNITIES  FOR  THE  COLLECTION  OF
 SUCH BATTERIES.
   (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-SIX,  AND  NO  LATER
 THAN  APRIL  FIRST  OF  EACH  YEAR THEREAFTER, EACH BATTERY MANUFACTURER
 S. 1502--A                          7
 
 SHALL, INDIVIDUALLY OR COLLECTIVELY WITH  OTHER  BATTERY  MANUFACTURERS,
 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 BATTERY MANUFACTURER'S OR
 PROGRAM OPERATOR'S RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT  SHALL
 INCLUDE THE FOLLOWING:
   (A)  THE  NUMBER  OF  OUT-OF-SERVICE  BATTERIES COLLECTED AND RECYCLED
 UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
   (B) A LIST OF ALL BATTERY MANUFACTURERS, BATTERY WHOLESALERS, CONTRAC-
 TORS, QUALIFIED LOCAL  GOVERNMENT  AUTHORITIES,  AND  BATTERY  RETAILERS
 PARTICIPATING IN THE PROGRAM AS BATTERY 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 BATTERIES  WERE  COLLECTED
 AND RECYCLED;
   (H)  ANY  MODIFICATIONS  THAT  THE BATTERY 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 BATTERY MANUFACTURERS PARTICIPATING IN THE PROGRAM SHALL HANDLE
 AND MANAGE ANY OUT-OF-SERVICE BATTERIES THAT CANNOT BE RECYCLED 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.
   5. ON AND AFTER JULY  FIRST,  TWO  THOUSAND  TWENTY-FIVE,  NO  BATTERY
 MANUFACTURER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIB-
 UTE BATTERIES UNLESS SUCH MANUFACTURER PARTICIPATES AS A COLLECTION SITE
 FOR  OUT-OF-SERVICE BATTERIES OR REQUESTS AND RECEIVES A WAIVER FROM THE
 DEPARTMENT FOLLOWING A DEMONSTRATION THAT SUCH PARTICIPATION WOULD  POSE
 AN UNDUE BURDEN.
 § 27-3413. BATTERY WHOLESALER AND RETAILER REQUIREMENTS.
   NO  BATTERY  WHOLESALER  OR BATTERY RETAILER LOCATED WITHIN THIS STATE
 SHALL SELL, OFFER FOR SALE OR DISTRIBUTE  ANY  BATTERY  FOR  FINAL  SALE
 UNLESS  THE  MANUFACTURER  OF SUCH BATTERY IS LISTED ON THE DEPARTMENT'S
 WEBSITE, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
 § 27-3415. DEPARTMENT RESPONSIBILITIES.
   1. NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPARTMENT
 SHALL MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE  COLLECTION  AND
 RECYCLING  OF OUT-OF-SERVICE SOLAR PANELS, OUT-OF-SERVICE WIND TURBINES,
 AND OUT-OF-SERVICE  BATTERIES  IN  THE  STATE.  SUCH  INFORMATION  SHALL
 INCLUDE THE FOLLOWING:
   (A)  A  DESCRIPTION  OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS
 SECTION AND A LIST OF  MANUFACTURERS  PARTICIPATING  IN  THE  COLLECTION
 PROGRAM PURSUANT TO THIS TITLE; AND
   (B)  A LIST OF ALL WHOLESALERS, QUALIFIED CONTRACTORS, QUALIFIED LOCAL
 GOVERNMENT AUTHORITIES, AND RETAILERS PARTICIPATING IN  THE  PROGRAM  AS
 COLLECTION SITES.
   2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-NINE, THE DEPART-
 MENT  SHALL  SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE LEGISLATURE
 REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
 THIS TITLE, INFORMATION ON THE NUMBER OF  OUT-OF-SERVICE  SOLAR  PANELS,
 S. 1502--A                          8
 
 OUT-OF-SERVICE  WIND  TURBINES,  AND OUT-OF-SERVICE BATTERIES COLLECTED,
 AND HOW SUCH OUT-OF-SERVICE SOLAR PANELS, OUT-OF-SERVICE WIND  TURBINES,
 AND  OUT-OF-SERVICE  BATTERIES  WERE MANAGED.   THE DEPARTMENT SHALL USE
 SUCH  INFORMATION  TO  RECOMMEND  WHETHER  THE  PROVISIONS OF THIS TITLE
 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.
 § 27-3417. DISPOSAL PROHIBITION.
   1.  NO  TRANSPORTER  SHALL  KNOWINGLY  COMMINGLE  SOLAR  PANELS,  WIND
 TURBINES, OR BATTERIES WITH SOLID WASTE OR RECYCLABLE MATERIALS.
   2. NO TRANSPORTER SHALL KNOWINGLY DELIVER SOLAR PANELS, WIND TURBINES,
 OR BATTERIES 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, WIND TURBINES, OR BATTERIES FOR DISPOSAL.
   4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY  COMMINGLE  SOLAR
 PANELS, WIND TURBINES, OR BATTERIES 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, WIND TURBINES, OR
 BATTERIES ARE NOT ACCEPTED AT THE FACILITY.
   § 3. a. Any  consumer  or  qualified  contractor  who  replaces  solar
 panels,  wind  turbines, or batteries from a building shall deliver such
 solar panels, wind turbines, or batteries to an  appropriate  collection
 site.
   b.  Any  person  or  contractor who demolishes a building shall ensure
 that all solar panels, wind turbines, or batteries are removed from  the
 building  prior  to  demolition and shall deliver the solar panels, wind
 turbines, or batteries 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, wind turbines, or batteries as a result of
 any statutory requirement, shall inform contractors of  their  statutory
 obligations  to deliver the solar panels, wind turbines, or batteries to
 a collection site and prohibiting the disposal  of  such  solar  panels,
 wind turbines, or batteries 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, wind turbines, or
 batteries shall ensure the collection, transportation and proper manage-
 ment of out-of-service solar panels, out-of-service  wind  turbines,  or
 out-of-service  batteries  in accordance with the provisions of title 34
 of article 27 of the environmental conservation law.
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2035.