NY State Senate Bill 2017-S2837B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2018	referred to environmental conservation delivered to assembly passed senate
Jun 07, 2018	amended on third reading 2837b
Jan 16, 2018	advanced to third reading
Jan 09, 2018	2nd report cal. amended 2837a
Jan 08, 2018	1st report cal.70
Jan 03, 2018	referred to environmental conservation returned to senate died in assembly
Jun 07, 2017	referred to environmental conservation delivered to assembly passed senate
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.265
Jan 17, 2017	referred to environmental conservation

Votes

- Jun 13, 2018 - Floor Vote
  S2837B
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  Jan 8, 2018 - Environmental Conservation Committee Vote
  S2837B
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jan 8, 2018
      
      aye (13)
      
      Addabbo Jr.
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kavanagh
      
      LaValle
      
      Little
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Tedisco

Bill Amendments

Original

B (Active)

co-Sponsors

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2017-S2837 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 31 §§27-3101 - 27-3109, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S2837

2017-S2837 - Summary

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.

2017-S2837 - Sponsor Memo

                                 BILL NUMBER:  S2837

 TITLE OF BILL :  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

 PURPOSE :

To establish solar panel recycling infrastructure and protocols.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 27-3101 of environmental
conservation law to establish the title of the act as the "solar panel
collection act" and defines "collection program", "out-of-service
solar panel, "qualified contractor", "qualified local government
authorities", "solar panel", "solar panel manufacturer", "solar panel
retailer", and "solar panel wholesaler".

Section 2 amends section 27-3103 of environmental conservation law to
establish criteria for solar panel collection; amends section 27-3105
of environmental conservation law to establish responsibilities of the
Department of Environmental Conservation in relation to the collection
of solar panels; amends section 27-3107 of environmental conservation
law establish requirements the Department of Environmental
Conservation must adhere to; amends section 27-3109 of environmental

conservation law to establish restrictions to solar panel disposal
methods.

Section 3 states proper solar panel disposal requirements placed upon
any person, contractor, department, authority, instrumentality,
municipal corporation of the state.

Section 4 sets forth the effective date and repeal date.

 JUSTIFICATION :

As residents of New York State switch to alternative forms of energy
in order to reduce dependence on fossil fuels we have seen a rise in
the use of solar panels. The immense growth of the solar energy
industry could lead to an accumulation of photovoltaic(PV) waste. The
U.S Department of Energy projects the nation will have cumulatively
installed 700 gigawatts of PV equipment.

Eventually, all of this equipment will reach the end of their life and
become PV waste. These PV modules contain various valuable materials
and rare metals, proper recycling will ensure that these materials and
metals are able to be reused. By recycling solar panels, we can ensure
that solar panels do not prematurely arrive at landfills where they
can have potential negative environmental effects.

It is essential that we take action that is both economically and
environmentally friendly. In order to do this we must establish
infrastructure to accommodate for the long term management of solar
waste.

 LEGISLATIVE HISTORY :

2016: S.7789

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
The act shall take effect immediately.

2017-S2837 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2837
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sens. O'MARA, HOYLMAN, LATIMER, SERRANO -- 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".
   §  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.
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07112-01-7

 S. 2837                             2
 
   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. "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.
 § 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 EIGHTEEN, 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 EIGHTEEN, 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 EIGHTEEN, 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 WHOLE-
 SALERS, SOLAR PANEL RETAILERS,  CONTRACTORS,  AND  QUALIFIED  GOVERNMENT

 S. 2837                             3
 
 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
   (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 NINETEEN, 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  EIGHTEEN,  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.
 § 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.
 § 27-3107. DEPARTMENT RESPONSIBILITIES.

 S. 2837                             4
 
   1. NO LATER THAN JUNE FIRST, TWO  THOUSAND  NINETEEN,  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
   (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-TWO, 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.
 § 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.
   §  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

 S. 2837                             5
 
 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.
   §  4.  This act shall take effect immediately, and shall expire and be
 deemed repealed January 1, 2028.

co-Sponsors

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2017-S2837A - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 31 §§27-3101 - 27-3109, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S2837

2017-S2837A - Summary

2017-S2837A - Sponsor Memo

                                
 
BILL NUMBER: S2837A

SPONSOR: O'MARA
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish solar panel recycling infrastructure and protocols.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 27-3101 of environmental conserva-
tion law to establish the title of the act as the "solar panel
collection act" and defines "collection program", "out-of-service solar
panel, "qualified contractor", "qualified local government authorities",
"solar panel", Molar panel manufacturer", "solar panel retailer", and
"solar panel wholesaler".

Section 2 amends section 27-3103 of environmental- conservation law to

establish criteria. for solar panel collection; amends section 27-3105
of environmental conservation law to establish responsibilities of the
Department of Environmental Conservation in relation to the collection
of solar panels; amends section 27-3107 of environmental conservation
law establish requirements the Department of Environmental Conservation
must adhere to; amends section 27-3109 of environmental conservation law
to establish restrictions to solar panel disposal methods.

Section 3 states proper :olar panel disposal requirements placed upon
any person, contractor,department, authority, instrumentality, munici-
pal corporation of the state.

Section 4 sets forth the effective date and repeal date.

 
JUSTIFICATION:

As residents of New York State switch to alternative forms of energy in
order to reduce dependence on fossil fuels we have seen a rise in the
use of solar panels. The immense growth of the solar energy industry
could lead to an accumulation of photovoltaic(PV) waste. The U.S Depart-
ment of Energy projects the nation will have cumulatively installed 700
gigawatts of PV equipment.

Eventually, all of this equipment will reach the end of their life and
become PV waste. These PV modules contain various valuable materials and
rare metals, proper recycling will ensure that these materials and
metals are able to be reused. By recycling solar panels, we can ensure
that solar panels do not prematurely arrive at landfills where they can
have potential negative environmental effects.

It is essential that we take action that is both economically and envi-
ronmentally friendly. In order to do this we must establish infrastruc-
ture to accommodate for the long term management of solar waste.

 
PRIOR LEGISLATIVE HISTORY:

2016:739

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2017-S2837A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2837--A
     Cal. No. 70
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens.  O'MARA,  AVELLA,  BAILEY, BROOKS, FUNKE, HOYLMAN,
   KAMINSKY, KENNEDY, LAVALLE, PHILLIPS, SAVINO, SERRANO, VALESKY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on Environmental Conservation -- recommitted to the Commit-
   tee 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
 
 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".
   §  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.
 § 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.

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

                                                            LBD07112-02-8

 S. 2837--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
 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.
   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.
 § 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 NINETEEN, 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 NINETEEN, 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.

 S. 2837--A                          3
 
   (E) ON OR BEFORE JULY FIRST, TWO THOUSAND NINETEEN, 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  WHOLE-
 SALERS,  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
   (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 TWENTY, 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 NINETEEN, 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.
 § 27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.

 S. 2837--A                          4
 
   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.
 § 27-3107. DEPARTMENT RESPONSIBILITIES.
   1. NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY, 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
   (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.
 § 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.
   §  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.

 S. 2837--A                          5

   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.
   § 4. This act shall take effect immediately, and shall expire  and  be
 deemed repealed January 1, 2029.

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2017-S2837B (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 31 §§27-3101 - 27-3109, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S2837

2017-S2837B (ACTIVE) - Summary

2017-S2837B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2837B

SPONSOR: O'MARA
 
TITLE OF BILL:  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

 
PURPOSE:

To establish solar panel recycling infrastructure and protocols.

 
SUMMARY OF PROVISIONS:

Section. 1 of the bill amends section 27--3101 of environmental conser-
vation law to establish the title of the act as the "solar panel
collection act" and defines "collection program", "out-of-service solar
panel, "qualified contractor", "qualified local government authorities",
"solar panel", "solar panel manufacturer", "solar panel retailer", and
"solar panel wholesaler".

Section 2 amends section 27-3.103 of environmental conservation law to

establish criteria. for solar panel collection; amends section 27-3105
of environmental conservation. law to establish responsibilities of the
Department of Environmental Conservation in relation to the collection
of solar panels; amends section 27-3107 of environmental conservation
law establish requirements the Department of Environmental Conservation
must adhere to; amends section 27-3109 of environmental conservation law
to establish restrictions to solar panel disposal methods.

Section 3 states proper solar panel disposal requirements placed upon
any person contractor, department, authority, instrumentality, municipal
corporation of the state.

Section 4 sets forth the effective date and repeal date.

 
JUSTIFICATION:

As residents of New York State switch to alternative forms of energy in
order to reduce dependence on fossil fuels we have seen a rise in the
use of solar panels. The immense growth of the solar energy industry
could lead to an accumulation of photovoltaic(PV) waste. The U.S Depart-
ment of Energy projects the nation will have cumulatively installed 700
gigawatts of PV equipment.

Eventually, all of this equipment will reach the end of their life and
become PV waste. These PV modules contain various valuable materials and
rare metals, proper recycling will ensure that these materials and
metals are able to be reused. By recycling solar panels, we can ensure
that solar panels do not prematurely arrive at landfills where they can
have potential negative environmental effects. It is essential that we
take action that is both economically and environmentally friendly. In
order to do this we must establish infrastructure to accommodate for the
long term management of solar waste.

 
LEGISLATIVE HISTORY:

2015-16 A10209 referred to environmental conservation

 
FISCAL IMPLICATIONS:
 
EFFECTIVE DATE:
The act shall take effect immediately.

2017-S2837B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2837--B
     Cal. No. 70
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens.  O'MARA,  ADDABBO,  AVELLA, BAILEY, BROOKS, FUNKE,
   HOYLMAN, KAMINSKY, KENNEDY, LAVALLE, PHILLIPS, SAVINO, SERRANO,  VALE-
   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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "solar panel collection act".
   § 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.
 § 27-3101. DEFINITIONS.
   1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
 TION  AND  RECYCLING OF OUT-OF-SERVICE SOLAR PANELS THAT IS FINANCED AND
 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.

                                                            LBD07112-04-8

 S. 2837--B                          2
 
 COLLECTIVELY  WITH  OTHER SOLAR PANEL MANUFACTURERS WITHIN THIS STATE 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
 INSTALLING,  REPAIRING, SERVICING OR THE REMOVAL OF SOLAR PANELS AND WHO
 EMPLOYS SEVEN OR MORE SERVICE TECHNICIANS.
   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. "SOLAR PANEL MANUFACTURER" MEANS A PERSON WHO MANUFACTURES  ONE  OR
 MORE NAME BRAND SOLAR PANELS WITHIN THIS STATE.
   7. "SOLAR PANEL RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS OF ANY
 KIND  PRIMARILY  TO  HOMEOWNERS  OR  OTHER CONSUMERS THROUGH ANY SALE OR
 DISTRIBUTION MECHANISM INCLUDING SALES USING THE INTERNET OR CATALOGS.
   8. "SOLAR PANEL WHOLESALER" MEANS A  PERSON  WHO  IS  ENGAGED  IN  THE
 DISTRIBUTION AND WHOLESALE SELLING OF SOLAR PANELS TO QUALIFIED CONTRAC-
 TORS  OR  OTHER  CONSUMERS,  AND WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR
 EIGHTY PERCENT OR MORE OF ITS TOTAL SALES. A SOLAR PANEL MANUFACTURER IS
 NOT, BY VIRTUE OF MANUFACTURING, A SOLAR PANEL 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.
   10. "RECYCLING" MEANS REFURBISHING  OUT-OF-SERVICE  SOLAR  PANELS  FOR
 CONTINUED REUSE AS A PRODUCT OR CAPTURING THE METALS VIA RECLAMATION.
 § 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 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 NINETEEN, 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 NINETEEN, 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. THIS 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  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 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

 S. 2837--B                          3
 
 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 NINETEEN, DEVELOP AND UPDATE
 AS NECESSARY EDUCATIONAL AND OTHER OUTREACH MATERIALS  FOR  DISTRIBUTION
 TO  QUALIFIED  CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS. THESE
 MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING  SOLAR  PANEL
 WHOLESALERS, SOLAR PANEL RETAILERS, QUALIFIED 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 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.  THE
 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 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 TWENTY, 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 MANUFACTURES, 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
   (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.

 S. 2837--B                          4
 
   5.  ON  AND  AFTER  JULY  FIRST, TWO THOUSAND NINETEEN, 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.
 § 27-3105. 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.
 § 27-3107. DEPARTMENT RESPONSIBILITIES.
   1. NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT SHALL
 MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND RECYCL-
 ING  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  A  LIST  OF SOLAR PANEL MANUFACTURERS OF SUCH SOLAR PANELS
 PARTICIPATING IN THE COLLECTION PROGRAM PURSUANT TO THIS TITLE; AND
   (B) A LIST OF ALL  SOLAR  PANEL  WHOLESALERS,  QUALIFIED  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,  AND  HOW  THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED.  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  ORGANIZATIONS,  MUNICIPAL
 RECYCLERS, AND OTHER INTEREST GROUPS.
 § 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 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 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 INCINERATOR SHALL POST, IN A CONSPICUOUS LOCATION
 AT THE FACILITY, A SIGN STATING THAT SOLAR PANELS ARE  NOT  ACCEPTED  AT
 THE FACILITY.
   §  3.  a.  Any  consumer  or qualified contractor who replaces a solar
 panel from a building shall deliver the solar panel  to  an  appropriate
 collection site.

 S. 2837--B                          5
 
   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 deliver the solar panels 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 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 this state for  the  sale,  distribution,  service,
 removal,  collection  and  recycling  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 conservation law.
   §  4.  This act shall take effect immediately, and shall expire and be
 deemed repealed January 1, 2029.

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Senate Bill S2837B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 13, 2018 - Floor Vote

Floor Vote: Jun 13, 2018

Jan 8, 2018 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Jan 8, 2018

Bill Amendments

co-Sponsors

2017-S2837 - Details

2017-S2837 - Summary

2017-S2837 - Sponsor Memo

2017-S2837 - Bill Text download pdf

co-Sponsors

2017-S2837A - Details

2017-S2837A - Summary

2017-S2837A - Sponsor Memo

2017-S2837A - Bill Text download pdf

co-Sponsors

2017-S2837B (ACTIVE) - Details

2017-S2837B (ACTIVE) - Summary

2017-S2837B (ACTIVE) - Sponsor Memo

2017-S2837B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2837B

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2017-S2837 - Details

2017-S2837 - Summary

2017-S2837 - Sponsor Memo

2017-S2837 - Bill Text download pdf

co-Sponsors

2017-S2837A - Details

2017-S2837A - Summary

2017-S2837A - Sponsor Memo

2017-S2837A - Bill Text download pdf

co-Sponsors

2017-S2837B (ACTIVE) - Details

2017-S2837B (ACTIVE) - Summary

2017-S2837B (ACTIVE) - Sponsor Memo

2017-S2837B (ACTIVE) - Bill Text download pdf

Comments