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S02837 Summary:

Add Art 27 Title 31 27-3101 - 27-3109, En Con L
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.
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S02837 Actions:

02/14/20171ST REPORT CAL.265
02/28/20172ND REPORT CAL.
06/07/2017referred to environmental conservation
01/03/2018died in assembly
01/03/2018returned to senate
01/08/20181ST REPORT CAL.70
01/09/2018AMENDED 2837A
01/09/20182ND REPORT CAL.
06/13/2018referred to environmental conservation
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S02837 Memo:

Memo not available
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S02837 Text:

                STATE OF NEW YORK
            Cal. No. 70
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 17, 2017
        Introduced  by  Sens.  O'MARA,  ADDABBO,  AVELLA, BAILEY, BROOKS, FUNKE,
          SKY  -- read twice and ordered printed, and when printed to be commit-
          ted to the Committee on Environmental Conservation --  recommitted  to
          the  Committee on Environmental Conservation in accordance with Senate
          Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
          first  report, amended on first report, ordered to a second report and
          ordered reprinted, retaining its place in the order of  second  report
          --  ordered to a third reading, amended and ordered reprinted, retain-
          ing its place in the order of third reading
        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 31 to read as follows:
     5                                  TITLE 31
     6                         SOLAR PANEL COLLECTION ACT
     7  Section 27-3101. Definitions.
     8          27-3103. Solar panel collection.
     9          27-3105. Solar panel wholesaler and retailer requirements.
    10          27-3107. Department responsibilities.
    11          27-3109. Disposal prohibition.
    12  § 27-3101. 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

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

        S. 2837--B                          2
     1  collectively  with  other solar panel manufacturers within this state in
     2  accordance with this section.
     3    2.  "Out-of-service  solar panel" means a solar panel that is removed,
     4  replaced or otherwise taken out of service.
     5    3. "Qualified contractor" means a person engaged in  the  business  of
     6  installing,  repairing, servicing or the removal of solar panels and who
     7  employs seven or more service technicians.
     8    4. "Qualified local government authorities" means any municipal corpo-
     9  ration or planning unit as defined in section 27-0107 of  this  article,
    10  or county departments of health.
    11    5.  "Solar  panel"  means  a bank of solar cells that, when exposed to
    12  radiation from the sun, can generate heating or electricity.
    13    6. "Solar panel manufacturer" means a person who manufactures  one  or
    14  more name brand solar panels within this state.
    15    7. "Solar panel retailer" means a person who sells solar panels of any
    16  kind  primarily  to  homeowners  or  other consumers through any sale or
    17  distribution mechanism including sales using the internet or catalogs.
    18    8. "Solar panel wholesaler" means a  person  who  is  engaged  in  the
    19  distribution and wholesale selling of solar panels to qualified contrac-
    20  tors  or  other  consumers,  and whose total wholesale sales account for
    21  eighty percent or more of its total sales. A solar panel manufacturer is
    22  not, by virtue of manufacturing, a solar panel wholesaler.
    23    9. "Consumer" means an individual, business, partnership, association,
    24  corporation, company, municipality, political subdivision or other legal
    25  entity that purchases, operates, owns or uses one or more solar panels.
    26    10. "Recycling" means refurbishing  out-of-service  solar  panels  for
    27  continued reuse as a product or capturing the metals via reclamation.
    28  § 27-3103. Solar panel collection.
    29    1.  Each solar panel manufacturer shall, individually or collectively,
    30  with other solar panel manufacturers, establish and maintain  a  program
    31  for the collection, transportation and recycling of out-of-service solar
    32  panels in accordance with the provisions of this section.
    33    2.  Each  solar panel manufacturer shall, individually or collectively
    34  with other solar panel manufacturers through a  collection  program,  do
    35  the following:
    36    (a)  On and after July first, two thousand nineteen, compile a list of
    37  solar panel wholesalers within this state.
    38    (b) Establish a system to collect, transport and  recycle  out-of-ser-
    39  vice solar panels from all collection sites.
    40    (c)  Not  include  any  fees  or other charges to consumers or persons
    41  participating in the program.
    42    (d) Beginning July first, two thousand nineteen, conduct education and
    43  outreach efforts, including, but not limited to the following:
    44    (i) establish and maintain a public website for the  dissemination  of
    45  educational materials to promote the collection and recycling of out-of-
    46  service solar panels. This website shall include templates of the educa-
    47  tional  materials  on the internet website in a form and format that can
    48  be easily downloaded and printed. The link  to  this  website  shall  be
    49  provided to the department;
    50    (ii) contact solar panel wholesalers at least once a year to encourage
    51  their support and participation in educating consumers on the importance
    52  of  statutory  requirements  for the collection and recycling of out-of-
    53  service solar panels;
    54    (iii) create and maintain a web-based program that allows  contractors
    55  and  consumers  to  identify  collection  sites for out-of-service solar

        S. 2837--B                          3
     1  panels in the state and provide  a  list  of  collection  sites  to  the
     2  department; and
     3    (iv)  develop informational articles, press releases, and news stories
     4  pertaining to the importance of and  opportunities  for  collecting  and
     5  recycling  out-of-service solar panels and distribute those materials to
     6  trade publications, local media, and stakeholder groups.
     7    (e) On or before July first, two thousand nineteen, develop and update
     8  as necessary educational and other outreach materials  for  distribution
     9  to  qualified  contractors, contractor associations and consumers. These
    10  materials shall be made available for use by participating  solar  panel
    11  wholesalers, solar panel retailers, qualified contractors, and qualified
    12  government authorities.  The materials shall include, but not be limited
    13  to, the following:
    14    (i) signage, such as posters and cling signage, that can be prominent-
    15  ly  displayed to promote the recycling of out-of-service solar panels to
    16  qualified contractors and consumers; and
    17    (ii) written materials or templates of materials for  reproduction  by
    18  solar  panel  wholesalers  and  solar  panel retailers to be provided to
    19  consumers at the time of purchase or delivery  of  a  solar  panel.  The
    20  materials  shall  include,  but  not  be  limited to, information on the
    21  importance of recycling out-of-service solar  panels  and  opportunities
    22  for the collection of these solar panels.
    23    (f)  Provide  an  opportunity  for  the department to review and offer
    24  feedback and suggestions on the collection program.
    25    3. No later than April first, two thousand twenty, and no  later  than
    26  April  first  of  each  year  thereafter,  each solar panel manufacturer
    27  shall, individually or collectively with other solar  panel  manufactur-
    28  ers, submit an annual report on its collection program to the department
    29  covering  the one-year period ending December thirty-first of the previ-
    30  ous year.  Each report shall be posted on the solar panel manufacturer's
    31  or program operator's respective internet  website.  The  annual  report
    32  shall include the following:
    33    (a)  the  number of out-of-service solar panels collected and recycled
    34  under this section during the previous calendar year;
    35    (b) a list of all solar panel manufactures, solar  panel  wholesalers,
    36  contractors,  qualified  local  government  authorities, and solar panel
    37  retailers participating in the program as solar panel collection sites;
    38    (c) an accounting of the program's administrative costs;
    39    (d) a description of outreach strategies employed under paragraph  (d)
    40  of subdivision two of this section;
    41    (e)  examples  of  outreach and educational materials used under para-
    42  graph (d) of subdivision two of this section;
    43    (f) the internet website address or addresses where the annual  report
    44  may be viewed online;
    45    (g)  a  description  of  how  the  out-of-service  solar  panels  were
    46  collected and recycled;
    47    (h) any modifications that the solar panel manufacturer is planning to
    48  make in its collection program; and
    49    (i) the identification of a collection program contact and  the  busi-
    50  ness phone number, mailing address, and e-mail address for the contact.
    51    4.  All  solar  panel manufacturers participating in the program shall
    52  handle and manage any out-of-service solar panels that cannot  be  recy-
    53  cled  and  have  been determined to be or to contain hazardous waste, as
    54  defined pursuant to regulations of the department, consistent  with  the
    55  requirements for the management and disposal of hazardous waste.

        S. 2837--B                          4
     1    5.  On  and  after  July  first, two thousand nineteen, no solar panel
     2  manufacturer shall sell, offer to sell, distribute, or offer to distrib-
     3  ute solar panels unless the manufacturer participates  as  a  collection
     4  site  for  out-of-service solar panels or requests and receives a waiver
     5  from  the  department  following a demonstration that such participation
     6  would pose an undue burden.
     7  § 27-3105. Solar panel wholesaler and retailer requirements.
     8    No solar panel wholesaler or solar panel retailer located within  this
     9  state shall sell, offer for sale or distribute any solar panel for final
    10  sale  unless  the solar panel manufacturer of such solar panel is listed
    11  on the department's website, in accordance with the provisions  of  this
    12  title.
    13  § 27-3107. Department responsibilities.
    14    1. No later than June first, two thousand twenty, the department shall
    15  maintain on its website information regarding the collection and recycl-
    16  ing  of  out-of-service solar panels in the state. The information shall
    17  include the following:
    18    (a) a description of the collection programs  established  under  this
    19  section  and  a  list  of solar panel manufacturers of such solar panels
    20  participating in the collection program pursuant to this title; and
    21    (b) a list of all  solar  panel  wholesalers,  qualified  contractors,
    22  qualified  local  government  authorities,  and  solar  panel  retailers
    23  participating in the program as collection sites.
    24    2. No later than November first, two thousand twenty-one, the  depart-
    25  ment  shall  submit a written report to the governor and the legislature
    26  regarding the effectiveness of the collection programs established under
    27  this section, information on the number of out-of-service  solar  panels
    28  collected,  and  how  the out-of-service solar panels were managed.  The
    29  department  shall  use  this  information  to  recommend   whether   the
    30  provisions  of  this  section  should  be extended, along with any other
    31  statutory changes. In preparing the report, the department shall consult
    32  with solar panel manufacturers, environmental  organizations,  municipal
    33  recyclers, and other interest groups.
    34  § 27-3109. Disposal prohibition.
    35    1.  No  transporter  shall knowingly commingle solar panels with solid
    36  waste or recyclable materials.
    37    2. No transporter shall knowingly deliver solar  panels  or  knowingly
    38  cause such materials to be delivered to the following facilities located
    39  within this state:
    40    (a) an incinerator;
    41    (b) a landfill;
    42    (c) a transfer station; or
    43    (d)  a  facility  who the transporter knows or should know will either
    44  commingle such materials with other solid waste or deliver such  materi-
    45  als to an incinerator or a landfill for disposal.
    46    3.  No operator of an incinerator or a landfill shall knowingly accept
    47  solar panels for disposal.
    48    4. No operator of a transfer station shall knowingly  commingle  solar
    49  panels  with other solid waste or cause such materials to be transferred
    50  to an incinerator or landfill for disposal.
    51    5. Each landfill and incinerator shall post, in a conspicuous location
    52  at the facility, a sign stating that solar panels are  not  accepted  at
    53  the facility.
    54    §  3.  a.  Any  consumer  or qualified contractor who replaces a solar
    55  panel from a building shall deliver the solar panel  to  an  appropriate
    56  collection site.

        S. 2837--B                          5
     1    b.  Any  person  or  contractor who demolishes a building shall ensure
     2  that all solar panels are removed from the building prior to  demolition
     3  and shall deliver the solar panels to a collection site.
     4    c.  Any  department,  authority,  instrumentality, or municipal corpo-
     5  ration of the state administering a program that involves the removal or
     6  replacement of solar panels as a result of  any  statutory  requirement,
     7  shall  inform  contractors of their statutory obligations to deliver the
     8  solar panels to a collection site and prohibiting the disposal  of  such
     9  solar panels in a solid-waste facility.
    10    d. Any contractor, organization or subcontractor of such organization,
    11  who contracts with or receives funding or financing provided in whole or
    12  in  part by or through any department, agency, instrumentality, or poli-
    13  tical subdivision of this state for  the  sale,  distribution,  service,
    14  removal,  collection  and  recycling  of  solar panels, shall ensure the
    15  collection, transportation and proper management of out-of-service solar
    16  panels in accordance with the provisions of title 31 of  article  27  of
    17  the environmental conservation law.
    18    §  4.  This act shall take effect immediately, and shall expire and be
    19  deemed repealed January 1, 2029.
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