Add Art 27 Title 34 §§27-3401 - 27-3411, En Con L; add §99-qq, St Fin L
Relates to enacting the "New York photovoltaic module stewardship and take-back program act"; provides that the department of environmental conservation 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, and environmentally sound take-back and recycling of photovoltaic modules and their components and materials; establishes the photovoltaic module recycling account 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.
STATE OF NEW YORK
________________________________________________________________________
1691
2023-2024 Regular Sessions
IN SENATE
January 13, 2023
___________
Introduced by Sen. PARKER -- 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York photovoltaic module stewardship and take-back program
3 act".
4 § 2. Article 27 of the environmental conservation law is amended by
5 adding a new title 34 to read as follows:
6 TITLE 34
7 NEW YORK PHOTOVOLTAIC MODULE STEWARDSHIP AND TAKE-BACK PROGRAM
8 Section 27-3401. Definitions.
9 27-3403. New York photovoltaic module stewardship and take-back
10 program.
11 27-3405. Manufacturer stewardship plans.
12 27-3407. Annual report.
13 27-3409. Enforcement.
14 27-3411. Administrative fee.
15 § 27-3401. Definitions.
16 For the purposes of this title, the following terms shall have the
17 following meanings:
18 1. "Manufacturer" means any person in business or no longer in busi-
19 ness but having a successor in interest who, irrespective of the selling
20 technique used, including by means of distance or remote sale:
21 (a) manufactures or has manufactured a photovoltaic module under its
22 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.
LBD05719-01-3
S. 1691 2
1 (b) assembles or has assembled a photovoltaic module that uses parts
2 manufactured by others for sale in or into this state under the assem-
3 bler's brand names;
4 (c) resells or has resold in or into this state under its own brand
5 names a photovoltaic module produced by other suppliers, including
6 retail establishments that sell photovoltaic modules under their own
7 brand names;
8 (d) manufactures or has manufactured a cobranded photovoltaic module
9 product for sale in or into this state that carries the name of both the
10 manufacturer and a retailer;
11 (e) imports or has imported a photovoltaic module into the United
12 States that is sold in or into this state. However, if the imported
13 photovoltaic module is manufactured by any person with a presence in the
14 United States meeting the criteria of manufacturer under this subdivi-
15 sion, that person is the manufacturer;
16 (f) sells at retail a photovoltaic module acquired from an importer
17 that is the manufacturer and elects to register as the manufacturer for
18 those products; or
19 (g) elects to assume the responsibility and register in lieu of a
20 manufacturer as defined under this subdivision;
21 2. "Person" means any individual, business entity, partnership, compa-
22 ny, corporation, limited liability company, nonprofit organization,
23 association, governmental entity, educational or cultural institutions,
24 public benefit corporation, or any other group of individuals, or any
25 officer or employee or agent thereof;
26 3. "Photovoltaic module" means the smallest non-divisible, environ-
27 mentally protected assembly of photovoltaic cells or other photovoltaic
28 collector technology and ancillary parts intended to generate electrical
29 power under sunlight, except that "photovoltaic module" does not include
30 a photovoltaic cell that is part of a consumer electronic device for
31 which it provides electricity needed to make the consumer electronic
32 device function. "Photovoltaic module" includes but is not limited to
33 interconnections, terminals, and protective devices such as diodes that
34 are:
35 (a) installed on, connected to, or integral with buildings; or
36 (b) used as components of freestanding, off-grid, power generation
37 systems, such as for powering water pumping stations, electric vehicle
38 charging stations, fencing, street and signage lights, and other commer-
39 cial or agricultural purposes;
40 4. "Reuse" means any operation by which a photovoltaic module or a
41 component of a photovoltaic module changes ownership and is used for the
42 same purpose for which it was originally purchased;
43 5. "Stewardship organization" means a person appointed by one or more
44 manufacturers to act on behalf of the manufacturer to implement and
45 operate a stewardship plan under this title;
46 6. "Stewardship plan" means the plan developed by a manufacturer or
47 its designated stewardship organization for a self-directed stewardship
48 program; and
49 7. "Stewardship program" means the activities conducted by a manufac-
50 turer or a stewardship organization to fulfill the requirements of this
51 title and implement the activities described in its stewardship plan.
52 § 27-3403. New York photovoltaic module stewardship and take-back
53 program.
54 1. The department shall develop guidance for a photovoltaic module
55 stewardship and take-back program to guide manufacturers in preparing
56 and implementing a self-directed program to ensure the convenient, safe,
S. 1691 3
1 and environmentally sound take-back and recycling of photovoltaic
2 modules and their components and materials. By December thirty-first,
3 two thousand twenty-four, the department shall establish a process to
4 develop guidance for photovoltaic module stewardship plans by working
5 with manufacturers, stewardship organizations, and other stakeholders on
6 the content, review, and approval of stewardship plans.
7 2. A manufacturer shall annually review and amend, if necessary, its
8 stewardship plan. The department shall approve the amendment if it meets
9 the requirements for plan approval outlined in the department's guid-
10 ance.
11 3. A stewardship organization may be designated to act as an agent on
12 behalf of a manufacturer or manufacturers in implementing and operating
13 the stewardship program required under this title. The department shall
14 develop rules and guidance for adherence to such designation.
15 § 27-3405. Manufacturer stewardship plans.
16 1. Each manufacturer shall prepare and submit a stewardship plan to
17 the department by the later of January first, two thousand twenty-six,
18 or within thirty days of its first sale of a photovoltaic module in or
19 into the state. A manufacturer shall implement the stewardship plan.
20 2. A stewardship plan shall, at a minimum:
21 (a) describe how manufacturers will finance the take-back and recycl-
22 ing system, and include an adequate funding mechanism to finance the
23 costs of collection, management, and recycling of photovoltaic modules
24 and residuals sold in or into the state by the manufacturer with a mech-
25 anism that ensures that photovoltaic modules can be delivered to take-
26 back locations without cost to the last owner or holder;
27 (b) describe how the program will minimize the release of hazardous
28 substances into the environment and maximize the recovery of other
29 components, including rare earth elements and commercially valuable
30 materials;
31 (c) provide for the take-back of photovoltaic modules at locations
32 that are within the region of the state in which the photovoltaic
33 modules were used and are as convenient as reasonably practicable, and
34 if no such location within the region of the state exists, include an
35 explanation for the lack of such location;
36 (d) provide a process for relevant stakeholders to receive information
37 required in order to participate in the program; and
38 (e) establish performance goals.
39 § 27-3407. Annual report.
40 Beginning December first, two thousand twenty-seven, and annually
41 thereafter, a manufacturer, or its designated stewardship organization,
42 shall provide to the department a report for the previous calendar year
43 that documents implementation of the plan, recommendations to the
44 department, and an assessment of its achievement of its performance
45 goals. Such report shall be posted on the manufacturer's publicly acces-
46 sible website.
47 § 27-3409. Enforcement.
48 The department may adopt rules as necessary for the purpose of imple-
49 menting, administering, and enforcing this title.
50 § 27-3411. Administrative fee.
51 The department may collect a flat fee from participating manufacturers
52 to recover costs associated with stewardship program and plan guidance,
53 review, and approval processes. All fees collected from manufacturers
54 under this title shall be deposited in the photovoltaic module recycling
55 account established pursuant to section ninety-nine-qq of the state
56 finance law.
S. 1691 4
1 § 3. The state finance law is amended by adding a new section 99-qq to
2 read as follows:
3 § 99-qq. Photovoltaic module recycling account. 1. There is hereby
4 established in the custody of the state comptroller an account to be
5 known as the "photovoltaic module recycling account".
6 2. The photovoltaic module recycling account shall consist of (a) any
7 funds received from and in compliance with the federal Infrastructure
8 Investment and Jobs Act and the Inflation Reduction Act appropriated for
9 the implementation of title thirty-four of article twenty-seven of the
10 environmental conservation law, (b) all fees collected pursuant to
11 section 27-3411 of the environmental conservation law, and (c) all other
12 moneys credited or transferred thereto from any other fund or source
13 pursuant to law.
14 3. Moneys in such fund may be used, for the purpose of paying all
15 costs of the department of environmental conservation for management and
16 administration of the New York photovoltaic module stewardship and take-
17 back program established by title thirty-four of article twenty-seven of
18 the environmental conservation law.
19 4. Funds in the account may not be diverted for any purpose or activ-
20 ity other than those specified in this section.
21 § 4. This act shall take effect immediately.
