Bill Text: NY A10719 | 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; requires the department of environmental conservation to provide information regarding collection and management of out-of-service solar panels on the department's website; provides for the repeal of such provisions upon expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-09-09 - referred to environmental conservation [A10719 Detail]
Download: New_York-2021-A10719-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10719 IN ASSEMBLY September 9, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright) -- read once and referred to the Committee on Environmental Conserva- tion 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 33 to read as follows: 5 TITLE 33 6 SOLAR PANEL COLLECTION ACT 7 Section 27-3301. Definitions. 8 27-3303. Solar panel collection. 9 27-3305. Solar panel wholesaler and retailer requirements. 10 27-3307. Department responsibilities. 11 27-3309. Disposal prohibition. 12 § 27-3301. Definitions. 13 1. "Collection program" means a system for the collection, transporta- 14 tion, recycling, and disposal of out-of-service solar panels that is 15 financed and managed or provided by a solar panel manufacturer individ- 16 ually or collectively with other solar panel manufacturers in accordance 17 with this section. 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 installation, service or removal of solar panels who employs seven or 22 more service technicians or installers. 23 4. "Qualified local government authorities" means any municipal corpo- 24 ration or planning unit as defined in section 27-0107 of this article, 25 or county departments of health. 26 5. "Solar panel" means a bank of solar cells that, when exposed to 27 radiation from the sun, can generate heating or electricity. 28 6. "Solar panel manufacturer" means a person who owns or owned a name 29 brand of one or more solar panels sold in the state. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16120-01-2A. 10719 2 1 7. "Solar panel retailer" means a person who sells solar panels of any 2 kind primarily to homeowners or other nonprofessionals through any sale 3 or distribution mechanism including sales using the internet or cata- 4 logs. 5 8. "Solar panel wholesaler" means a person who is engaged in the 6 distribution and wholesale selling of solar panels to contractors, and 7 whose total wholesale sales account for eighty percent or more of its 8 total sales. A solar panel manufacturer is not, by virtue of manufactur- 9 ing, a solar panel wholesaler. 10 § 27-3303. Solar panel collection. 11 1. Each solar panel manufacturer shall, individually or collectively, 12 with other solar panel manufacturers, establish and maintain a program 13 for the collection, transportation, recycling, disposal and proper 14 management of out-of-service solar panels in accordance with the 15 provisions of this section. 16 2. Each solar panel manufacturer shall, individually or collectively 17 with other solar panel manufacturers through a collection program, do 18 the following: 19 (a) Within one year of the effective date of this section, compile a 20 list of solar panel wholesalers in the state. 21 (b) Establish a system to collect, transport, recycle, dispose and 22 properly manage out-of-service solar panels from all collection sites. 23 (c) Not include any fees or other charges to consumers or persons 24 participating in the program. 25 (d) Within one year of the effective date of this section, conduct 26 education and outreach efforts, including, but not limited to the 27 following: 28 (i) establish and maintain a public website for the dissemination of 29 educational materials to promote the collection of out-of-service solar 30 panels. This website shall include templates of the educational materi- 31 als on the internet website in a form and format that can be easily 32 downloaded and printed. The link to this website shall be provided to 33 the department; 34 (ii) contact solar panel wholesalers at least once a year to encourage 35 their support and participation in educating customers on the importance 36 of statutory requirements for the collection and proper management of 37 out-of-service solar panels; 38 (iii) create and maintain a web-based program that allows contractors 39 and consumers to identify collection sites for out-of-service solar 40 panels in the state and provide a list of collection sites to the 41 department; and 42 (iv) develop informational articles, press releases, and news stories 43 pertaining to the importance of and opportunities for collecting and 44 recycling out-of-service solar panels and distribute those materials to 45 trade publications, local media, and stakeholder groups. 46 (e) Within one year of the effective date of this section, develop 47 and update as necessary educational and other outreach materials for 48 distribution to contractors, contractor associations and consumers. 49 These materials shall be made available for use by participating solar 50 panel wholesalers, solar panel retailers, contractors, and qualified 51 government authorities. The materials shall include, but not be limited 52 to, the following: 53 (i) signage, such as posters and cling signage, that can be prominent- 54 ly displayed to promote the collection of out-of-service solar panels to 55 contractors and consumers; andA. 10719 3 1 (ii) written materials or templates of materials for reproduction by 2 solar panel wholesalers and solar panel retailers to be provided to 3 customers at the time of purchase or delivery of a solar panel. The 4 materials shall include, but not be limited to, information on the 5 importance of properly managing out-of-service solar panels and opportu- 6 nities for the collection of these solar panels. 7 (f) Provide an opportunity for the department to review and offer 8 feedback and suggestions on the collection program. 9 3. Within two years of the effective date of this section, and no 10 later than April first of each year thereafter, each solar panel 11 manufacturer shall, individually or collectively with other solar panel 12 manufacturers, submit an annual report on its collection program to the 13 department covering the one-year period ending December thirty-first of 14 the previous year. Each report shall be posted on the manufacturer's or 15 program operator's respective internet website. The annual report shall 16 include the following: 17 (a) the number of out-of-service solar panels collected and managed 18 under this section during the previous calendar year; 19 (b) a list of all solar panel wholesalers, contractors, qualified 20 local government authorities, and solar panel retailers participating in 21 the program as solar panel collection sites and the number of out-of- 22 service solar panels returned by each; 23 (c) an accounting of the program's administrative costs; 24 (d) a description of outreach strategies employed under paragraph (d) 25 of subdivision two of this section; 26 (e) examples of outreach and educational materials used under para- 27 graph (d) of subdivision two of this section; 28 (f) the internet website address or addresses where the annual report 29 may be viewed online; 30 (g) a description of how the out-of-service solar panels were managed; 31 (h) any modifications that the solar panel manufacturer is planning to 32 make in its collection program; and 33 (i) the identification of a collection program contact and the busi- 34 ness phone number, mailing address, and e-mail address for the contact. 35 4. All contractors, solar panel wholesalers, solar panel manufactur- 36 ers, and solar panel retailers participating in the program shall handle 37 and manage the out-of-service solar panels in a manner that is consist- 38 ent with the requirements for the disposal of hazardous waste. 39 5. Within eighteen months of the effective date of this section, no 40 solar panel wholesaler shall sell, offer to sell, distribute, or offer 41 to distribute solar panels unless the wholesaler participates as a 42 collection site for out-of-service solar panels or requests and receives 43 a waiver from the department following a demonstration that such partic- 44 ipation would pose an undue burden. 45 § 27-3305. Solar panel wholesaler and retailer requirements. 46 No solar panel wholesaler or solar panel retailer shall sell, offer 47 for sale or distribute any solar panel for final sale unless the 48 manufacturer of such solar panel is listed on the department's website, 49 in accordance with the provisions of this title. 50 § 27-3307. Department responsibilities. 51 1. Within two years of the effective date of this section, the depart- 52 ment shall maintain on its website information regarding the collection 53 and proper management of out-of-service solar panels in the state. The 54 information shall include the following: 55 (a) a description of the collection programs established under this 56 section; andA. 10719 4 1 (b) a list of all solar panel wholesalers, contractors, qualified 2 local government authorities, and solar panel retailers participating in 3 the program as collection sites. 4 2. Within four years of the effective date of this section, the 5 department shall submit a written report to the governor and the legis- 6 lature regarding the effectiveness of the collection programs estab- 7 lished under this section, information on the number of out-of-service 8 solar panels collected, how the out-of-service solar panels were 9 managed, and an estimate of the number of solar panels that are avail- 10 able for collection. The department shall use this information to 11 recommend whether the provisions of this section should be extended, 12 along with any other statutory changes. In preparing the report, the 13 department shall consult with solar panel manufacturers, environmental 14 organizations, municipal recyclers, and other interest groups. 15 § 27-3309. Disposal prohibition. 16 1. No transporter shall knowingly commingle solar panels with solid 17 waste or recyclable materials. 18 2. No transporter shall knowingly deliver solar panels or knowingly 19 cause such materials to be delivered to: 20 (a) an incinerator; 21 (b) a landfill; 22 (c) a transfer station; or 23 (d) anyone who the transporter knows or should know will either 24 commingle such materials with other solid waste or deliver such materi- 25 als to an incinerator or a landfill for disposal. 26 3. No operator of an incinerator or a landfill shall knowingly accept 27 solar panels for disposal. 28 4. No operator of a transfer station shall knowingly commingle solar 29 panels with other solid waste or cause such materials to be transferred 30 to an incinerator or landfill for disposal. 31 5. Each landfill and transfer station shall post, in a conspicuous 32 location at the facility, a sign stating that solar panels are not 33 accepted at the facility. 34 § 3. a. Any person or contractor who replaces a solar panel from a 35 building shall deliver the solar panel to an appropriate collection 36 site. 37 b. Any person or contractor who demolishes a building shall ensure 38 that all solar panels are removed from the building prior to demolition 39 and shall dispose of the solar panels at a collection site. 40 c. Any department, authority, instrumentality, or municipal corpo- 41 ration of the state administering a program that involves the removal or 42 replacement of solar panels as a result of any statutory requirement, 43 shall inform contractors of their statutory obligations to deliver the 44 solar panels to a collection site and prohibiting the disposal of such 45 solar panels in a solid-waste facility. 46 d. Any contractor, organization or subcontractor of such organization, 47 who contracts with or receives funding or financing provided in whole or 48 in part by or through any department, agency, instrumentality, or poli- 49 tical subdivision of the state for the installation, service, removal or 50 handling of solar panels, shall ensure the collection, transportation 51 and proper management of out-of-service solar panels in accordance with 52 the provisions of title 31 of article 27 of the environmental conserva- 53 tion law. 54 § 4. This act shall take effect immediately, and shall expire and be 55 deemed repealed January 1, 2034.
