Bill Text: NY A08430 | 2021-2022 | General Assembly | Introduced
Bill Title: Enacts the "solar panel collection act" to require manufacturers of solar panels to collect such panels when they are taken out of use; requires educational outreach relating thereto; establishes collection goals therefor; requires reporting of collection efforts.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Introduced - Dead) 2022-05-09 - held for consideration in environmental conservation [A08430 Detail]
Download: New_York-2021-A08430-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8430 2021-2022 Regular Sessions IN ASSEMBLY November 17, 2021 ___________ Introduced by M. of A. BYRNES -- read once and referred to the Committee on Environmental Conservation 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "solar panel collection act". 3 § 2. Article 27 of the environmental conservation law is amended by 4 adding a new title 32 to read as follows: 5 TITLE 32 6 SOLAR PANEL COLLECTION ACT 7 Section 27-3201. Definitions. 8 27-3203. Solar panel collection. 9 27-3205. Solar panel wholesaler and retailer requirements. 10 27-3207. Department responsibilities. 11 27-3209. Disposal prohibition. 12 § 27-3201. Definitions. 13 1. "Collection program" means a system for the collection, transporta- 14 tion and recycling of out-of-service solar panels that is financed and 15 managed or provided by a solar panel manufacturer individually or 16 collectively with other solar panel manufacturers within this state in 17 accordance with this title. 18 2. "Out-of-service solar panel" means a solar panel that is removed, 19 replaced or otherwise taken out of service. 20 3. "Qualified contractor" means a person engaged in the business of 21 installing, repairing, servicing or the removal of solar panels and who 22 employs seven or more service technicians. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10102-01-1A. 8430 2 1 4. "Qualified local government authorities" means any municipal corpo- 2 ration or planning unit as defined in section 27-0107 of this article, 3 or county departments of health. 4 5. "Solar panel" means a bank of solar cells that, when exposed to 5 radiation from the sun, can generate heating or electricity. 6 6. "Solar panel manufacturer" means a person who manufactures one or 7 more name brand solar panels within this state. 8 7. "Solar panel retailer" means a person who sells solar panels of any 9 kind primarily to homeowners or other consumers through any sale or 10 distribution mechanism including sales using the internet or catalogs. 11 8. "Solar panel wholesaler" means a person who is engaged in the 12 distribution and wholesale selling of solar panels to qualified contrac- 13 tors or other consumers, and whose total wholesale sales account for 14 eighty percent or more of its total sales. A solar panel manufacturer is 15 not, by virtue of manufacturing, a solar panel wholesaler. 16 9. "Consumer" means an individual, business, partnership, association, 17 corporation, company, municipality, political subdivision or other legal 18 entity that purchases, operates, owns or uses one or more solar panels. 19 10. "Recycling" means refurbishing out-of-service solar panels for 20 continued reuse as a product or capturing the metals via reclamation. 21 § 27-3203. Solar panel collection. 22 1. Each solar panel manufacturer shall, individually or collectively, 23 with other solar panel manufacturers, establish and maintain a program 24 for the collection, transportation and recycling of out-of-service solar 25 panels in accordance with the provisions of this section. 26 2. Each solar panel manufacturer shall, individually or collectively 27 with other solar panel manufacturers through a collection program, do 28 the following: 29 (a) On and after July first, two thousand twenty-three, compile a list 30 of solar panel wholesalers within this state. 31 (b) Establish a system to collect, transport and recycle out-of-ser- 32 vice solar panels from all collection sites. 33 (c) Not include any fees or other charges to consumers or persons 34 participating in the program. 35 (d) Beginning July first, two thousand twenty-three, conduct education 36 and outreach efforts, including, but not limited to the following: 37 (i) establish and maintain a public website for the dissemination of 38 educational materials to promote the collection and recycling of out-of- 39 service solar panels. This website shall include templates of the educa- 40 tional materials on the internet website in a form and format that can 41 be easily downloaded and printed. The link to this website shall be 42 provided to the department; 43 (ii) contact solar panel wholesalers at least once a year to encourage 44 their support and participation in educating consumers on the importance 45 of statutory requirements for the collection and recycling of out-of- 46 service solar panels; 47 (iii) create and maintain a web-based program that allows contractors 48 and consumers to identify collection sites for out-of-service solar 49 panels in the state and provide a list of collection sites to the 50 department; and 51 (iv) develop informational articles, press releases, and news stories 52 pertaining to the importance of and opportunities for collecting and 53 recycling out-of-service solar panels and distribute those materials to 54 trade publications, local media, and stakeholder groups. 55 (e) On or before July first, two thousand twenty-three, develop and 56 update as necessary educational and other outreach materials forA. 8430 3 1 distribution to qualified contractors, contractor associations and 2 consumers. These materials shall be made available for use by partic- 3 ipating solar panel wholesalers, solar panel retailers, qualified 4 contractors, and qualified government authorities. The materials shall 5 include, but not be limited to, the following: 6 (i) signage, such as posters and cling signage, that can be prominent- 7 ly displayed to promote the recycling of out-of-service solar panels to 8 qualified contractors and consumers; and 9 (ii) written materials or templates of materials for reproduction by 10 solar panel wholesalers and solar panel retailers to be provided to 11 consumers at the time of purchase or delivery of a solar panel. The 12 materials shall include, but not be limited to, information on the 13 importance of recycling out-of-service solar panels and opportunities 14 for the collection of these solar panels. 15 (f) Provide an opportunity for the department to review and offer 16 feedback and suggestions on the collection program. 17 3. No later than April first, two thousand twenty-four, and no later 18 than April first of each year thereafter, each solar panel manufacturer 19 shall, individually or collectively with other solar panel manufactur- 20 ers, submit an annual report on its collection program to the department 21 covering the one-year period ending December thirty-first of the previ- 22 ous year. Each report shall be posted on the solar panel manufacturer's 23 or program operator's respective internet website. The annual report 24 shall include the following: 25 (a) the number of out-of-service solar panels collected and recycled 26 under this section during the previous calendar year; 27 (b) a list of all solar panel manufactures, solar panel wholesalers, 28 contractors, qualified local government authorities, and solar panel 29 retailers participating in the program as solar panel collection sites; 30 (c) an accounting of the program's administrative costs; 31 (d) a description of outreach strategies employed under paragraph (d) 32 of subdivision two of this section; 33 (e) examples of outreach and educational materials used under para- 34 graph (d) of subdivision two of this section; 35 (f) the internet website address or addresses where the annual report 36 may be viewed online; 37 (g) a description of how the out-of-service solar panels were 38 collected and recycled; 39 (h) any modifications that the solar panel manufacturer is planning to 40 make in its collection program; and 41 (i) the identification of a collection program contact and the busi- 42 ness phone number, mailing address, and e-mail address for the contact. 43 4. All solar panel manufacturers participating in the program shall 44 handle and manage any out-of-service solar panels that cannot be recy- 45 cled and have been determined to be or to contain hazardous waste, as 46 defined pursuant to regulations of the department, consistent with the 47 requirements for the management and disposal of hazardous waste. 48 5. On and after July first, two thousand twenty-three, no solar panel 49 manufacturer shall sell, offer to sell, distribute, or offer to distrib- 50 ute solar panels unless the manufacturer participates as a collection 51 site for out-of-service solar panels or requests and receives a waiver 52 from the department following a demonstration that such participation 53 would pose an undue burden. 54 § 27-3205. Solar panel wholesaler and retailer requirements. 55 No solar panel wholesaler or solar panel retailer located within this 56 state shall sell, offer for sale or distribute any solar panel for finalA. 8430 4 1 sale unless the solar panel manufacturer of such solar panel is listed 2 on the department's website, in accordance with the provisions of this 3 title. 4 § 27-3207. Department responsibilities. 5 1. No later than June first, two thousand twenty-four, the department 6 shall maintain on its website information regarding the collection and 7 recycling of out-of-service solar panels in the state. The information 8 shall include the following: 9 (a) a description of the collection programs established under this 10 section and a list of solar panel manufacturers of such solar panels 11 participating in the collection program pursuant to this title; and 12 (b) a list of all solar panel wholesalers, qualified contractors, 13 qualified local government authorities, and solar panel retailers 14 participating in the program as collection sites. 15 2. No later than November first, two thousand twenty-five, the depart- 16 ment shall submit a written report to the governor and the legislature 17 regarding the effectiveness of the collection programs established under 18 this section, information on the number of out-of-service solar panels 19 collected, and how the out-of-service solar panels were managed. The 20 department shall use this information to recommend whether the 21 provisions of this section should be extended, along with any other 22 statutory changes. In preparing the report, the department shall consult 23 with solar panel manufacturers, environmental organizations, municipal 24 recyclers, and other interest groups. 25 § 27-3209. Disposal prohibition. 26 1. No transporter shall knowingly commingle solar panels with solid 27 waste or recyclable materials. 28 2. No transporter shall knowingly deliver solar panels or knowingly 29 cause such materials to be delivered to the following facilities located 30 within this state: 31 (a) an incinerator; 32 (b) a landfill; 33 (c) a transfer station; or 34 (d) a facility who the transporter knows or should know will either 35 commingle such materials with other solid waste or deliver such materi- 36 als to an incinerator or a landfill for disposal. 37 3. No operator of an incinerator or a landfill shall knowingly accept 38 solar panels for disposal. 39 4. No operator of a transfer station shall knowingly commingle solar 40 panels with other solid waste or cause such materials to be transferred 41 to an incinerator or landfill for disposal. 42 5. Each landfill and incinerator shall post, in a conspicuous location 43 at the facility, a sign stating that solar panels are not accepted at 44 the facility. 45 § 3. a. Any consumer or qualified contractor who replaces a solar 46 panel from a building shall deliver the solar panel to an appropriate 47 collection site. 48 b. Any person or contractor who demolishes a building shall ensure 49 that all solar panels are removed from the building prior to demolition 50 and shall deliver the solar panels to a collection site. 51 c. Any department, authority, instrumentality, or municipal corpo- 52 ration of the state administering a program that involves the removal or 53 replacement of solar panels as a result of any statutory requirement, 54 shall inform contractors of their statutory obligations to deliver the 55 solar panels to a collection site and prohibiting the disposal of such 56 solar panels in a solid-waste facility.A. 8430 5 1 d. Any contractor, organization or subcontractor of such organization, 2 who contracts with or receives funding or financing provided in whole or 3 in part by or through any department, agency, instrumentality, or poli- 4 tical subdivision of this state for the sale, distribution, service, 5 removal, collection and recycling of solar panels, shall ensure the 6 collection, transportation and proper management of out-of-service solar 7 panels in accordance with the provisions of title 32 of article 27 of 8 the environmental conservation law. 9 § 4. This act shall take effect immediately, and shall expire and be 10 deemed repealed January 1, 2033.
