Senate Bill S1346

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1346
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by Sens. PARKER, KAVANAGH -- 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 and the state finance
   law,  in  relation  to  enacting  the  "New  York  photovoltaic module
   stewardship and take-back program act"

   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 "New York photovoltaic  module  stewardship  and  take-back  program
 act".
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 34 to read as follows:
 
                                 TITLE 34
      NEW YORK PHOTOVOLTAIC MODULE STEWARDSHIP AND TAKE-BACK PROGRAM
 SECTION 27-3401. DEFINITIONS.
         27-3403. NEW YORK PHOTOVOLTAIC MODULE STEWARDSHIP AND  TAKE-BACK
                    PROGRAM.
         27-3405. MANUFACTURER STEWARDSHIP PLANS.
         27-3407. ANNUAL REPORT.
         27-3409. ENFORCEMENT.
         27-3411. ADMINISTRATIVE FEE.
 § 27-3401. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "MANUFACTURER" MEANS ANY PERSON IN BUSINESS OR NO LONGER  IN  BUSI-
 NESS BUT HAVING A SUCCESSOR IN INTEREST WHO, IRRESPECTIVE OF THE SELLING
 TECHNIQUE USED, INCLUDING BY MEANS OF DISTANCE OR REMOTE SALE:
   (A)  MANUFACTURES  OR HAS MANUFACTURED A PHOTOVOLTAIC MODULE UNDER ITS
 OWN BRAND NAMES FOR SALE IN OR INTO THIS STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03303-01-5
              

 S. 1346                             2
 
   (B) ASSEMBLES OR HAS ASSEMBLED A PHOTOVOLTAIC MODULE THAT  USES  PARTS
 MANUFACTURED  BY  OTHERS FOR SALE IN OR INTO THIS STATE UNDER THE ASSEM-
 BLER'S BRAND NAMES;
   (C)  RESELLS  OR  HAS RESOLD IN OR INTO THIS STATE UNDER ITS OWN BRAND
 NAMES A PHOTOVOLTAIC  MODULE  PRODUCED  BY  OTHER  SUPPLIERS,  INCLUDING
 RETAIL  ESTABLISHMENTS  THAT  SELL  PHOTOVOLTAIC MODULES UNDER THEIR OWN
 BRAND NAMES;
   (D) MANUFACTURES OR HAS MANUFACTURED A COBRANDED  PHOTOVOLTAIC  MODULE
 PRODUCT FOR SALE IN OR INTO THIS STATE THAT CARRIES THE NAME OF BOTH THE
 MANUFACTURER AND A RETAILER;
   (E)  IMPORTS  OR  HAS  IMPORTED  A PHOTOVOLTAIC MODULE INTO THE UNITED
 STATES THAT IS SOLD IN OR INTO THIS  STATE.  HOWEVER,  IF  THE  IMPORTED
 PHOTOVOLTAIC MODULE IS MANUFACTURED BY ANY PERSON WITH A PRESENCE IN THE
 UNITED  STATES  MEETING THE CRITERIA OF MANUFACTURER UNDER THIS SUBDIVI-
 SION, THAT PERSON IS THE MANUFACTURER;
   (F) SELLS AT RETAIL A PHOTOVOLTAIC MODULE ACQUIRED  FROM  AN  IMPORTER
 THAT  IS THE MANUFACTURER AND ELECTS TO REGISTER AS THE MANUFACTURER FOR
 THOSE PRODUCTS; OR
   (G) ELECTS TO ASSUME THE RESPONSIBILITY AND  REGISTER  IN  LIEU  OF  A
 MANUFACTURER AS DEFINED UNDER THIS SUBDIVISION;
   2. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, COMPA-
 NY,  CORPORATION,  LIMITED  LIABILITY  COMPANY,  NONPROFIT ORGANIZATION,
 ASSOCIATION, GOVERNMENTAL ENTITY, EDUCATIONAL OR CULTURAL  INSTITUTIONS,
 PUBLIC  BENEFIT  CORPORATION,  OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY
 OFFICER OR EMPLOYEE OR AGENT THEREOF;
   3. "PHOTOVOLTAIC MODULE" MEANS THE  SMALLEST  NON-DIVISIBLE,  ENVIRON-
 MENTALLY  PROTECTED ASSEMBLY OF PHOTOVOLTAIC CELLS OR OTHER PHOTOVOLTAIC
 COLLECTOR TECHNOLOGY AND ANCILLARY PARTS INTENDED TO GENERATE ELECTRICAL
 POWER UNDER SUNLIGHT, EXCEPT THAT "PHOTOVOLTAIC MODULE" DOES NOT INCLUDE
 A PHOTOVOLTAIC CELL THAT IS PART OF A  CONSUMER  ELECTRONIC  DEVICE  FOR
 WHICH  IT  PROVIDES  ELECTRICITY  NEEDED TO MAKE THE CONSUMER ELECTRONIC
 DEVICE FUNCTION. "PHOTOVOLTAIC MODULE" INCLUDES BUT IS  NOT  LIMITED  TO
 INTERCONNECTIONS,  TERMINALS, AND PROTECTIVE DEVICES SUCH AS DIODES THAT
 ARE:
   (A) INSTALLED ON, CONNECTED TO, OR INTEGRAL WITH BUILDINGS; OR
   (B) USED AS COMPONENTS OF  FREESTANDING,  OFF-GRID,  POWER  GENERATION
 SYSTEMS,  SUCH  AS FOR POWERING WATER PUMPING STATIONS, ELECTRIC VEHICLE
 CHARGING STATIONS, FENCING, STREET AND SIGNAGE LIGHTS, AND OTHER COMMER-
 CIAL OR AGRICULTURAL PURPOSES;
   4. "REUSE" MEANS ANY OPERATION BY WHICH A  PHOTOVOLTAIC  MODULE  OR  A
 COMPONENT OF A PHOTOVOLTAIC MODULE CHANGES OWNERSHIP AND IS USED FOR THE
 SAME PURPOSE FOR WHICH IT WAS ORIGINALLY PURCHASED;
   5.  "STEWARDSHIP ORGANIZATION" MEANS A PERSON APPOINTED BY ONE OR MORE
 MANUFACTURERS TO ACT ON BEHALF OF  THE  MANUFACTURER  TO  IMPLEMENT  AND
 OPERATE A STEWARDSHIP PLAN UNDER THIS TITLE;
   6.  "STEWARDSHIP  PLAN"  MEANS THE PLAN DEVELOPED BY A MANUFACTURER OR
 ITS DESIGNATED STEWARDSHIP ORGANIZATION FOR A SELF-DIRECTED  STEWARDSHIP
 PROGRAM; AND
   7.  "STEWARDSHIP PROGRAM" MEANS THE ACTIVITIES CONDUCTED BY A MANUFAC-
 TURER OR A STEWARDSHIP ORGANIZATION TO FULFILL THE REQUIREMENTS OF  THIS
 TITLE AND IMPLEMENT THE ACTIVITIES DESCRIBED IN ITS STEWARDSHIP PLAN.
 § 27-3403. NEW   YORK  PHOTOVOLTAIC  MODULE  STEWARDSHIP  AND  TAKE-BACK
              PROGRAM.
   1. THE DEPARTMENT SHALL DEVELOP GUIDANCE  FOR  A  PHOTOVOLTAIC  MODULE
 STEWARDSHIP  AND  TAKE-BACK  PROGRAM TO GUIDE MANUFACTURERS IN PREPARING
 AND IMPLEMENTING A SELF-DIRECTED PROGRAM TO ENSURE THE CONVENIENT, SAFE,
 S. 1346                             3
 
 AND  ENVIRONMENTALLY  SOUND  TAKE-BACK  AND  RECYCLING  OF  PHOTOVOLTAIC
 MODULES  AND  THEIR  COMPONENTS AND MATERIALS. BY DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-SIX, THE DEPARTMENT SHALL  ESTABLISH  A  PROCESS  TO
 DEVELOP  GUIDANCE  FOR  PHOTOVOLTAIC MODULE STEWARDSHIP PLANS BY WORKING
 WITH MANUFACTURERS, STEWARDSHIP ORGANIZATIONS, AND OTHER STAKEHOLDERS ON
 THE CONTENT, REVIEW, AND APPROVAL OF STEWARDSHIP PLANS.
   2. A MANUFACTURER SHALL ANNUALLY REVIEW AND AMEND, IF  NECESSARY,  ITS
 STEWARDSHIP PLAN. THE DEPARTMENT SHALL APPROVE THE AMENDMENT IF IT MEETS
 THE  REQUIREMENTS  FOR  PLAN APPROVAL OUTLINED IN THE DEPARTMENT'S GUID-
 ANCE.
   3. A STEWARDSHIP ORGANIZATION MAY BE DESIGNATED TO ACT AS AN AGENT  ON
 BEHALF  OF A MANUFACTURER OR MANUFACTURERS IN IMPLEMENTING AND OPERATING
 THE STEWARDSHIP PROGRAM REQUIRED UNDER THIS TITLE. THE DEPARTMENT  SHALL
 DEVELOP RULES AND GUIDANCE FOR ADHERENCE TO SUCH DESIGNATION.
 § 27-3405. MANUFACTURER STEWARDSHIP PLANS.
   1.  EACH  MANUFACTURER  SHALL PREPARE AND SUBMIT A STEWARDSHIP PLAN TO
 THE DEPARTMENT BY THE LATER OF JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT,
 OR WITHIN THIRTY DAYS OF ITS FIRST SALE OF A PHOTOVOLTAIC MODULE  IN  OR
 INTO THE STATE. A MANUFACTURER SHALL IMPLEMENT THE STEWARDSHIP PLAN.
   2. A STEWARDSHIP PLAN SHALL, AT A MINIMUM:
   (A)  DESCRIBE HOW MANUFACTURERS WILL FINANCE THE TAKE-BACK AND RECYCL-
 ING SYSTEM, AND INCLUDE AN ADEQUATE FUNDING  MECHANISM  TO  FINANCE  THE
 COSTS  OF  COLLECTION, MANAGEMENT, AND RECYCLING OF PHOTOVOLTAIC MODULES
 AND RESIDUALS SOLD IN OR INTO THE STATE BY THE MANUFACTURER WITH A MECH-
 ANISM THAT ENSURES THAT PHOTOVOLTAIC MODULES CAN BE DELIVERED  TO  TAKE-
 BACK LOCATIONS WITHOUT COST TO THE LAST OWNER OR HOLDER;
   (B)  DESCRIBE  HOW  THE PROGRAM WILL MINIMIZE THE RELEASE OF HAZARDOUS
 SUBSTANCES INTO THE ENVIRONMENT  AND  MAXIMIZE  THE  RECOVERY  OF  OTHER
 COMPONENTS,  INCLUDING  RARE  EARTH  ELEMENTS  AND COMMERCIALLY VALUABLE
 MATERIALS;
   (C) PROVIDE FOR THE TAKE-BACK OF  PHOTOVOLTAIC  MODULES  AT  LOCATIONS
 THAT  ARE  WITHIN  THE  REGION  OF  THE  STATE IN WHICH THE PHOTOVOLTAIC
 MODULES WERE USED AND ARE AS CONVENIENT AS REASONABLY  PRACTICABLE,  AND
 IF  NO  SUCH  LOCATION WITHIN THE REGION OF THE STATE EXISTS, INCLUDE AN
 EXPLANATION FOR THE LACK OF SUCH LOCATION;
   (D) PROVIDE A PROCESS FOR RELEVANT STAKEHOLDERS TO RECEIVE INFORMATION
 REQUIRED IN ORDER TO PARTICIPATE IN THE PROGRAM; AND
   (E) ESTABLISH PERFORMANCE GOALS.
 § 27-3407. ANNUAL REPORT.
   BEGINNING DECEMBER FIRST, TWO THOUSAND TWENTY-NINE, AND ANNUALLY THER-
 EAFTER, A MANUFACTURER,  OR  ITS  DESIGNATED  STEWARDSHIP  ORGANIZATION,
 SHALL  PROVIDE TO THE DEPARTMENT A REPORT FOR THE PREVIOUS CALENDAR YEAR
 THAT DOCUMENTS  IMPLEMENTATION  OF  THE  PLAN,  RECOMMENDATIONS  TO  THE
 DEPARTMENT,  AND  AN  ASSESSMENT  OF  ITS ACHIEVEMENT OF ITS PERFORMANCE
 GOALS. SUCH REPORT SHALL BE POSTED ON THE MANUFACTURER'S PUBLICLY ACCES-
 SIBLE WEBSITE.
 § 27-3409. ENFORCEMENT.
   THE DEPARTMENT MAY ADOPT RULES AS NECESSARY FOR THE PURPOSE OF  IMPLE-
 MENTING, ADMINISTERING, AND ENFORCING THIS TITLE.
 § 27-3411. ADMINISTRATIVE FEE.
   THE DEPARTMENT MAY COLLECT A FLAT FEE FROM PARTICIPATING MANUFACTURERS
 TO  RECOVER COSTS ASSOCIATED WITH STEWARDSHIP PROGRAM AND PLAN GUIDANCE,
 REVIEW, AND APPROVAL PROCESSES. ALL FEES  COLLECTED  FROM  MANUFACTURERS
 UNDER THIS TITLE SHALL BE DEPOSITED IN THE PHOTOVOLTAIC MODULE RECYCLING
 ACCOUNT  ESTABLISHED  PURSUANT  TO  SECTION  NINETY-NINE-SS OF THE STATE
 FINANCE LAW.
 S. 1346                             4
 
   § 3. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS.  PHOTOVOLTAIC  MODULE  RECYCLING ACCOUNT. 1. THERE IS HEREBY
 ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER  AN  ACCOUNT  TO  BE
 KNOWN AS THE "PHOTOVOLTAIC MODULE RECYCLING ACCOUNT".
   2.  THE PHOTOVOLTAIC MODULE RECYCLING ACCOUNT SHALL CONSIST OF (A) ANY
 FUNDS RECEIVED FROM AND IN COMPLIANCE WITH  THE  FEDERAL  INFRASTRUCTURE
 INVESTMENT AND JOBS ACT AND THE INFLATION REDUCTION ACT APPROPRIATED FOR
 THE  IMPLEMENTATION  OF TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW,  (B)  ALL  FEES  COLLECTED  PURSUANT  TO
 SECTION 27-3411 OF THE ENVIRONMENTAL CONSERVATION LAW, AND (C) ALL OTHER
 MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
 PURSUANT TO LAW.
   3. MONEYS IN SUCH FUND MAY BE USED, FOR  THE  PURPOSE  OF  PAYING  ALL
 COSTS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR MANAGEMENT AND
 ADMINISTRATION OF THE NEW YORK PHOTOVOLTAIC MODULE STEWARDSHIP AND TAKE-
 BACK PROGRAM ESTABLISHED BY TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   4.  FUNDS IN THE ACCOUNT MAY NOT BE DIVERTED FOR ANY PURPOSE OR ACTIV-
 ITY OTHER THAN THOSE SPECIFIED IN THIS SECTION.
   § 4. This act shall take effect immediately.