NY State Senate Bill S2837B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (18)

	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

view votes

Jun 13, 2018 - floor Vote

S2837B

floor

Aye

Nay

Absent

Excused

Abstained

Jan 8, 2018 - Environmental Conservation committee Vote

S2837

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2017 - floor Vote

S2837

floor

Aye

Nay

Absent

Excused

Abstained

Feb 14, 2017 - Environmental Conservation committee Vote

S2837

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S2837 (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 Other Legislative Sessions:: 2015-2016: S7789
2019-2020: S942

S2837 (ACTIVE) - 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.

S2837 (ACTIVE) - 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.

S2837 (ACTIVE) - 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

view additional co-sponsors

S2837A (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 Other Legislative Sessions:: 2015-2016: S7789
2019-2020: S942

S2837A (ACTIVE) - Summary

S2837A (ACTIVE) - 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.

S2837A (ACTIVE) - 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.

Co-Sponsors

view additional co-sponsors

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 Other Legislative Sessions:: 2015-2016: S7789
2019-2020: S942

S2837B (ACTIVE) - Summary

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.

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2837B

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 13, 2018 - floor Vote

Floor Vote: Jun 13, 2018

Jan 8, 2018 - Environmental Conservation committee Vote

Committee Vote: Jan 8, 2018

Jun 7, 2017 - floor Vote

Floor Vote: Jun 7, 2017

Feb 14, 2017 - Environmental Conservation committee Vote

Committee Vote: Feb 14, 2017

Bill Amendments

Co-Sponsors

S2837 (ACTIVE) - Details

S2837 (ACTIVE) - Summary

S2837 (ACTIVE) - Sponsor Memo

S2837 (ACTIVE) - Bill Text download pdf

Co-Sponsors

S2837A (ACTIVE) - Details

S2837A (ACTIVE) - Summary

S2837A (ACTIVE) - Sponsor Memo

S2837A (ACTIVE) - Bill Text download pdf

Co-Sponsors

S2837B (ACTIVE) - Details

S2837B (ACTIVE) - Summary

S2837B (ACTIVE) - Sponsor Memo

S2837B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2837B

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 13, 2018 - floor Vote

Floor Vote: Jun 13, 2018

Jan 8, 2018 - Environmental Conservation committee Vote

Committee Vote: Jan 8, 2018

Jun 7, 2017 - floor Vote

Floor Vote: Jun 7, 2017

Feb 14, 2017 - Environmental Conservation committee Vote

Committee Vote: Feb 14, 2017

Bill Amendments

Co-Sponsors

S2837 (ACTIVE) - Details

S2837 (ACTIVE) - Summary

S2837 (ACTIVE) - Sponsor Memo

S2837 (ACTIVE) - Bill Text download pdf

Co-Sponsors

S2837A (ACTIVE) - Details

S2837A (ACTIVE) - Summary

S2837A (ACTIVE) - Sponsor Memo

S2837A (ACTIVE) - Bill Text download pdf

Co-Sponsors

S2837B (ACTIVE) - Details

S2837B (ACTIVE) - Summary

S2837B (ACTIVE) - Sponsor Memo

S2837B (ACTIVE) - Bill Text download pdf

Comments