S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7789

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "solar panel collection act".
  S 2. Article 27 of the environmental conservation law  is  amended  by
adding a new title 31 to read as follows:
                                TITLE 31
                       SOLAR PANEL COLLECTION ACT
SECTION 27-3101. DEFINITIONS.
        27-3103. SOLAR PANEL COLLECTION.
        27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
        27-3107. DEPARTMENT RESPONSIBILITIES.
        27-3109. DISPOSAL PROHIBITION.
S 27-3101. DEFINITIONS.
  1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
TION,  RECYCLING,  AND  DISPOSAL  OF OUT-OF-SERVICE SOLAR PANELS THAT IS
FINANCED AND MANAGED OR PROVIDED BY A SOLAR PANEL MANUFACTURER  INDIVID-
UALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTURERS IN ACCORDANCE
WITH THIS SECTION.
  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
INSTALLATION,  SERVICE  OR  REMOVAL OF SOLAR PANELS WHO EMPLOYS SEVEN OR
MORE SERVICE TECHNICIANS OR INSTALLERS.
  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.

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

                                                           LBD15118-03-6

S. 7789                             2

  6. "SOLAR PANEL MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A  NAME
BRAND OF ONE OR MORE SOLAR PANELS SOLD IN THE STATE.
  7. "SOLAR PANEL RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS OF ANY
KIND  PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY SALE
OR DISTRIBUTION MECHANISM INCLUDING SALES USING THE  INTERNET  OR  CATA-
LOGS.
  8.  "SOLAR  PANEL  WHOLESALER"  MEANS  A  PERSON WHO IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SELLING OF SOLAR PANELS TO  CONTRACTORS,  AND
WHOSE  TOTAL  WHOLESALE  SALES ACCOUNT FOR EIGHTY PERCENT OR MORE OF ITS
TOTAL SALES. A SOLAR PANEL MANUFACTURER IS NOT, BY VIRTUE OF MANUFACTUR-
ING, A SOLAR PANEL WHOLESALER.
S 27-3103. 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,  RECYCLING,  DISPOSAL  AND  PROPER
MANAGEMENT  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 SEVENTEEN, COMPILE A LIST OF
SOLAR PANEL WHOLESALERS IN THE STATE.
  (B) ESTABLISH A SYSTEM TO COLLECT,  TRANSPORT,  RECYCLE,  DISPOSE  AND
PROPERLY MANAGE OUT-OF-SERVICE 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  SEVENTEEN,  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 OF OUT-OF-SERVICE  SOLAR
PANELS.  THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCATIONAL MATERI-
ALS ON THE INTERNET WEBSITE IN A FORM AND  FORMAT  THAT  CAN  BE  EASILY
DOWNLOADED  AND  PRINTED.  THE LINK TO THIS WEBSITE SHALL BE PROVIDED TO
THE DEPARTMENT;
  (II) CONTACT SOLAR PANEL WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN EDUCATING CUSTOMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND  PROPER  MANAGEMENT  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 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 THOSE MATERIALS  TO
TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
  (E)  ON  OR  BEFORE  JULY  FIRST,  TWO THOUSAND SEVENTEEN, DEVELOP AND
UPDATE  AS  NECESSARY  EDUCATIONAL  AND  OTHER  OUTREACH  MATERIALS  FOR
DISTRIBUTION  TO  CONTRACTORS,  CONTRACTOR  ASSOCIATIONS  AND CONSUMERS.
THESE MATERIALS SHALL BE MADE AVAILABLE FOR USE BY  PARTICIPATING  SOLAR
PANEL  WHOLESALERS,  SOLAR  PANEL  RETAILERS, CONTRACTORS, AND QUALIFIED
GOVERNMENT AUTHORITIES.  THE 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 COLLECTION OF OUT-OF-SERVICE SOLAR PANELS TO
CONTRACTORS AND CONSUMERS; AND

S. 7789                             3

  (II) WRITTEN MATERIALS OR TEMPLATES OF MATERIALS FOR  REPRODUCTION  BY
SOLAR  PANEL  WHOLESALERS  AND  SOLAR  PANEL RETAILERS TO BE PROVIDED TO
CUSTOMERS AT THE TIME OF PURCHASE OR DELIVERY  OF  A  SOLAR  PANEL.  THE
MATERIALS  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, INFORMATION ON THE
IMPORTANCE OF PROPERLY MANAGING OUT-OF-SERVICE SOLAR PANELS AND OPPORTU-
NITIES FOR THE COLLECTION OF THESE 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 EIGHTEEN, 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 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 MANAGED
UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
  (B) A LIST OF ALL  SOLAR  PANEL  WHOLESALERS,  CONTRACTORS,  QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE   PROGRAM  AS  SOLAR  PANEL  COLLECTION  SITES  AND  THE  NUMBER  OF
OUT-OF-SERVICE SOLAR PANELS RETURNED BY EACH;
  (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 OF ADDRESSES WHERE THE ANNUAL  REPORT
MAY BE VIEWED ONLINE;
  (G) A DESCRIPTION OF HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED;
  (H) ANY MODIFICATIONS THAT THE SOLAR PANEL 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 CONTRACTORS, SOLAR PANEL WHOLESALERS, SOLAR  PANEL  MANUFACTUR-
ERS, AND SOLAR PANEL RETAILERS PARTICIPATING IN THE PROGRAM SHALL HANDLE
AND  MANAGE THE OUT-OF-SERVICE SOLAR PANELS IN A MANNER THAT IS CONSIST-
ENT WITH THE REQUIREMENTS FOR THE DISPOSAL OF HAZARDOUS WASTE.
  5. ON AND AFTER JULY FIRST, TWO THOUSAND  SEVENTEEN,  NO  SOLAR  PANEL
WHOLESALER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE
SOLAR PANELS UNLESS THE WHOLESALER 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.
S 27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
  NO  SOLAR  PANEL  WHOLESALER OR SOLAR PANEL RETAILER SHALL SELL, OFFER
FOR SALE OR DISTRIBUTE  ANY  SOLAR  PANEL  FOR  FINAL  SALE  UNLESS  THE
MANUFACTURER  OF SUCH SOLAR PANEL IS LISTED ON THE DEPARTMENT'S WEBSITE,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
S 27-3107. DEPARTMENT RESPONSIBILITIES.
  1. NO LATER THAN JUNE FIRST, TWO  THOUSAND  EIGHTEEN,  THE  DEPARTMENT
SHALL  MAINTAIN  ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND
PROPER MANAGEMENT OF OUT-OF-SERVICE  SOLAR  PANELS  IN  THE  STATE.  THE
INFORMATION SHALL INCLUDE THE FOLLOWING:
  (A)  A  DESCRIPTION  OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS
SECTION; AND

S. 7789                             4

  (B) A LIST OF ALL  SOLAR  PANEL  WHOLESALERS,  CONTRACTORS,  QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE PROGRAM AS COLLECTION SITES.
  2.  NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-ONE, THE DEPART-
MENT SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND  THE  LEGISLATURE
REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
THIS  SECTION,  INFORMATION ON THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS
COLLECTED, HOW THE OUT-OF-SERVICE SOLAR  PANELS  WERE  MANAGED,  AND  AN
ESTIMATE   OF  THE  NUMBER  OF  SOLAR  PANELS  THAT  ARE  AVAILABLE  FOR
COLLECTION.   THE DEPARTMENT SHALL USE  THIS  INFORMATION  TO  RECOMMEND
WHETHER  THE  PROVISIONS  OF THIS SECTION SHOULD BE EXTENDED, ALONG WITH
ANY OTHER STATUTORY CHANGES. IN PREPARING  THE  REPORT,  THE  DEPARTMENT
SHALL  CONSULT  WITH  SOLAR PANEL MANUFACTURERS, ENVIRONMENTAL ORGANIZA-
TIONS, MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
S 27-3109. DISPOSAL PROHIBITION.
  1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE SOLAR  PANELS  WITH  SOLID
WASTE OR RECYCLABLE MATERIALS.
  2.  NO  TRANSPORTER  SHALL KNOWINGLY DELIVER SOLAR PANELS OR KNOWINGLY
CAUSE SUCH MATERIALS TO BE DELIVERED TO:
  (A) AN INCINERATOR;
  (B) A LANDFILL;
  (C) A TRANSFER STATION; OR
  (D) ANYONE 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 FOR DISPOSAL.
  4.  NO  OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE SOLAR
PANELS WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO BE  TRANSFERRED
TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
  5.  EACH  LANDFILL  AND  TRANSFER STATION SHALL POST, IN A CONSPICUOUS
LOCATION AT THE FACILITY, A SIGN  STATING  THAT  SOLAR  PANELS  ARE  NOT
ACCEPTED AT THE FACILITY.
  S  3.  a.  Any  person or contractor who replaces a solar panel from a
building shall deliver the solar  panel  to  an  appropriate  collection
site.
  b.  Any  person  or  contractor who demolishes a building shall ensure
that all solar panels are removed from the building prior to  demolition
and shall dispose of the solar panels at 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 as a result of  any  statutory  requirement,
shall  inform  contractors of their statutory obligations to deliver the
solar panels to a collection site and prohibiting the disposal  of  such
solar panels 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 the state for the installation, service, removal or
handling of solar panels, shall ensure  the  collection,  transportation
and  proper management of out-of-service solar panels in accordance with
the provisions of title 31 of article 27 of the environmental  conserva-
tion law.
  S  4.  This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2027.