A 7537: Enacts the "responsible renewable energy recycling act" to require manufacturers of solar panels, wind turbines, and batteries to collect such materials when they are taken out of use; requires educational outreach relating thereto; establishes collection goals therefor; requires reporting of collection efforts.

  
  STATE OF NEW YORK ________________________________________________________________________ 7537 2025-2026 Regular Sessions  IN ASSEMBLY April 1, 2025 ___________ Introduced by M. of A. BAILEY -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to enacting the "responsible renewable energy recycling act"; and provid- ing 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "responsible renewable energy recycling act". 3 § 2. Article 27 of the environmental conservation law is amended by 4 adding a new title 34 to read as follows: 5 TITLE 34 6 RESPONSIBLE RENEWABLE ENERGY RECYCLING ACT 7 Section 27-3401. Definitions. 8 27-3403. Solar panel collection. 9 27-3405. Solar panel wholesaler and retailer requirements. 10 27-3407. Wind turbine collection. 11 27-3409. Wind turbine wholesaler and retailer requirements. 12 27-3411. Battery collection. 13 27-3413. Battery wholesaler and retailer requirements. 14 27-3415. Department responsibilities. 15 27-3417. Disposal prohibition. 16 § 27-3401. Definitions. 17 1. "Collection program" means a system for the collection, transporta- 18 tion and recycling of out-of-service solar panels, out-of-service wind 19 turbines, or out-of-service batteries that are financed and managed or 20 provided by a solar panel, wind turbine, or battery manufacturer indi- 21 vidually or collectively with other manufacturers within this state in 22 accordance with this title. 23 2. "Out-of-service solar panel" means a solar panel that is removed, 24 replaced or otherwise taken out of service. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04422-03-5 
 A. 7537 2 1 3. "Qualified contractor" means a person engaged in the business of 2 installing, repairing, servicing or the removal of solar panels, wind 3 turbines, or batteries and who employs seven or more service techni- 4 cians. 5 4. "Qualified local government authorities" means any municipal corpo- 6 ration or planning unit as defined in section 27-0107 of this article, 7 or county departments of health. 8 5. "Solar panel" means a bank of solar cells that, when exposed to 9 radiation from the sun, can generate heating or electricity. 10 6. "Manufacturer" means a person who manufactures one or more name 11 brand solar panels, wind turbines, or batteries within this state. 12 7. "Retailer" means a person who sells solar panels, wind turbines, or 13 batteries of any kind primarily to homeowners or other consumers through 14 any sale or distribution mechanism including sales using the internet or 15 catalogs. 16 8. "Wholesaler" means a person who is engaged in the distribution and 17 wholesale selling of solar panels, wind turbines, or batteries to quali- 18 fied contractors or other consumers, and whose total wholesale sales 19 account for eighty percent or more of its total sales. A manufacturer is 20 not, by virtue of manufacturing, a wholesaler. 21 9. "Consumer" means an individual, business, partnership, association, 22 corporation, company, municipality, political subdivision or other legal 23 entity that purchases, operates, owns or uses one or more solar panels, 24 wind turbines, or batteries. 25 10. "Recycling" means refurbishing out-of-service solar panels, out- 26 of-service wind turbines, or out-of-service batteries for continued 27 reuse as a product or capturing the metals via reclamation. 28 11. "Out-of-service wind turbine" means a wind turbine that is 29 removed, replaced or otherwise taken out of service. 30 12. "Battery" means a battery used in a bulk energy battery storage 31 system. 32 13. "Out-of-service battery" means a battery that is removed, replaced 33 or otherwise taken out of service. 34 § 27-3403. Solar panel collection. 35 1. Each solar panel manufacturer shall, individually or collectively, 36 with other solar panel manufacturers, establish and maintain a program 37 for the collection, transportation and recycling of out-of-service solar 38 panels in accordance with the provisions of this section. 39 2. Each solar panel manufacturer shall, individually or collectively 40 with other solar panel manufacturers through a collection program, do 41 the following: 42 (a) On and after July first, two thousand twenty-seven, compile a list 43 of solar panel wholesalers within this state. 44 (b) Establish a system to collect, transport and recycle out-of-ser- 45 vice solar panels from all collection sites. 46 (c) Not include any fees or other charges to consumers or persons 47 participating in the program. 48 (d) Beginning July first, two thousand twenty-seven, conduct education 49 and outreach efforts, including, but not limited to the following: 50 (i) establish and maintain a public website for the dissemination of 51 educational materials to promote the collection and recycling of out-of- 52 service solar panels. Such website shall include templates of the educa- 53 tional materials on the internet website in a form and format that can 54 be easily downloaded and printed. The link to such website shall be 55 provided to the department; 
 A. 7537 3 1 (ii) contact solar panel wholesalers at least once each year to 2 encourage their support and participation in educating consumers on the 3 importance of statutory requirements for the collection and recycling of 4 out-of-service solar panels; 5 (iii) create and maintain a web-based program that allows contractors 6 and consumers to identify collection sites for out-of-service solar 7 panels in the state and provide a list of such collection sites to the 8 department; and 9 (iv) develop informational articles, press releases, and news stories 10 pertaining to the importance of and opportunities for collecting and 11 recycling out-of-service solar panels and distribute such materials to 12 trade publications, local media, and stakeholder groups. 13 (e) On or before July first, two thousand twenty-seven, develop and 14 update as necessary educational and other outreach materials for 15 distribution to qualified contractors, contractor associations and 16 consumers. Such materials shall be made available for use by participat- 17 ing solar panel wholesalers, solar panel retailers, qualified contrac- 18 tors, and qualified government authorities. Such materials shall 19 include, but not be limited to, the following: 20 (i) signage, such as posters and cling signage, that can be prominent- 21 ly displayed to promote the recycling of out-of-service solar panels to 22 qualified contractors and consumers; and 23 (ii) written materials or templates of materials for reproduction by 24 solar panel wholesalers and solar panel retailers to be provided to 25 consumers at the time of purchase or delivery of a solar panel. Such 26 materials shall include, but not be limited to, information on the 27 importance of recycling out-of-service solar panels and opportunities 28 for the collection of such solar panels. 29 (f) Provide an opportunity for the department to review and offer 30 feedback and suggestions on the collection program. 31 3. No later than April first, two thousand twenty-eight, and no later 32 than April first of each year thereafter, each solar panel manufacturer 33 shall, individually or collectively with other solar panel manufactur- 34 ers, submit an annual report on its collection program to the department 35 covering the one-year period ending December thirty-first of the previ- 36 ous year. Each report shall be posted on the solar panel manufacturer's 37 or program operator's respective internet website. The annual report 38 shall include the following: 39 (a) the number of out-of-service solar panels collected and recycled 40 under this section during the previous calendar year; 41 (b) a list of all solar panel manufacturers, solar panel wholesalers, 42 contractors, qualified local government authorities, and solar panel 43 retailers participating in the program as solar panel collection sites; 44 (c) an accounting of the program's administrative costs; 45 (d) a description of outreach strategies employed under paragraph (d) 46 of subdivision two of this section; 47 (e) examples of outreach and educational materials used under para- 48 graph (d) of subdivision two of this section; 49 (f) the internet website address or addresses where the annual report 50 may be viewed online; 51 (g) a description of how the out-of-service solar panels were 52 collected and recycled; 53 (h) any modifications that the solar panel manufacturer is planning to 54 make in its collection program; and 55 (i) the identification of a collection program contact and the busi- 56 ness phone number, mailing address, and e-mail address for the contact. 
 A. 7537 4 1 4. All solar panel manufacturers participating in the program shall 2 handle and manage any out-of-service solar panels that cannot be recy- 3 cled and have been determined to be or to contain hazardous waste, as 4 defined pursuant to regulations of the department, consistent with the 5 requirements for the management and disposal of hazardous waste. 6 5. On and after July first, two thousand twenty-seven, no solar panel 7 manufacturer shall sell, offer to sell, distribute, or offer to distrib- 8 ute solar panels unless the manufacturer participates as a collection 9 site for out-of-service solar panels or requests and receives a waiver 10 from the department following a demonstration that such participation 11 would pose an undue burden. 12 § 27-3405. Solar panel wholesaler and retailer requirements. 13 No solar panel wholesaler or solar panel retailer located within this 14 state shall sell, offer for sale or distribute any solar panel for final 15 sale unless the solar panel manufacturer of such solar panel is listed 16 on the department's website, in accordance with the provisions of this 17 title. 18 § 27-3407. Wind turbine collection. 19 1. Each wind turbine manufacturer shall, individually or collectively, 20 with other wind turbine manufacturers, establish and maintain a program 21 for the collection, transportation and recycling of out-of-service wind 22 turbines in accordance with the provisions of this section. 23 2. Each wind turbine manufacturer shall, individually or collectively 24 with other wind turbine manufacturers through a collection program, do 25 the following: 26 (a) On and after July first, two thousand twenty-five, compile a list 27 of wind turbine wholesalers within this state. 28 (b) Establish a system to collect, transport and recycle out-of-ser- 29 vice wind turbines from all collection sites. 30 (c) Not include any fees or other charges to consumers or persons 31 participating in the program. 32 (d) Beginning July first, two thousand twenty-five, conduct education 33 and outreach efforts, including, but not limited to the following: 34 (i) establish and maintain a public website for the dissemination of 35 educational materials to promote the collection and recycling of out-of- 36 service wind turbines. Such website shall include templates of the 37 educational materials on the internet website in a form and format that 38 can be easily downloaded and printed. The link to such website shall be 39 provided to the department; 40 (ii) contact wind turbine wholesalers at least once each year to 41 encourage their support and participation in educating consumers on the 42 importance of statutory requirements for the collection and recycling of 43 out-of-service wind turbines; 44 (iii) create and maintain a web-based program that allows contractors 45 and consumers to identify collection sites for out-of-service wind 46 turbines in the state and provide a list of such collection sites to the 47 department; and 48 (iv) develop informational articles, press releases, and news stories 49 pertaining to the importance of and opportunities for collecting and 50 recycling out-of-service wind turbines and distribute such materials to 51 trade publications, local media, and stakeholder groups. 52 (e) On or before July first, two thousand twenty-five, develop and 53 update as necessary educational and other outreach materials for 54 distribution to qualified contractors, contractor associations and 55 consumers. Such materials shall be made available for use by participat- 56 ing wind turbine wholesalers, wind turbine retailers, qualified contrac- 
 A. 7537 5 1 tors, and qualified government authorities. Such materials shall 2 include, but not be limited to, the following: 3 (i) signage, such as posters and cling signage, that can be prominent- 4 ly displayed to promote the recycling of out-of-service wind turbines to 5 qualified contractors and consumers; and 6 (ii) written materials or templates of materials for reproduction by 7 wind turbine wholesalers and wind turbine retailers to be provided to 8 consumers at the time of purchase or delivery of a wind turbine. Such 9 materials shall include, but not be limited to, information on the 10 importance of recycling out-of-service wind turbines and opportunities 11 for the collection of these wind turbines. 12 (f) Provide an opportunity for the department to review and offer 13 feedback and suggestions on the collection program. 14 3. No later than April first, two thousand twenty-six, and no later 15 than April first of each year thereafter, each wind turbine manufacturer 16 shall, individually or collectively with other wind turbine manufactur- 17 ers, submit an annual report on its collection program to the department 18 covering the one-year period ending December thirty-first of the previ- 19 ous year. Each report shall be posted on the wind turbine manufacturer's 20 or program operator's respective internet website. The annual report 21 shall include the following: 22 (a) the number of out-of-service wind turbines collected and recycled 23 under this section during the previous calendar year; 24 (b) a list of all wind turbine manufacturers, wind turbine whole- 25 salers, contractors, qualified local government authorities, and wind 26 turbine retailers participating in the program as wind turbine 27 collection sites; 28 (c) an accounting of the program's administrative costs; 29 (d) a description of outreach strategies employed under paragraph (d) 30 of subdivision two of this section; 31 (e) examples of outreach and educational materials used under para- 32 graph (d) of subdivision two of this section; 33 (f) the internet website address or addresses where the annual report 34 may be viewed online; 35 (g) a description of how the out-of-service wind turbines were 36 collected and recycled; 37 (h) any modifications that the wind turbine manufacturer is planning 38 to make in its collection program; and 39 (i) the identification of a collection program contact and the busi- 40 ness phone number, mailing address, and e-mail address for the contact. 41 4. All wind turbine manufacturers participating in the program shall 42 handle and manage any out-of-service wind turbines that cannot be recy- 43 cled and have been determined to be or to contain hazardous waste, as 44 defined pursuant to regulations of the department, consistent with the 45 requirements for the management and disposal of hazardous waste. 46 5. On and after July first, two thousand twenty-five, no wind turbine 47 manufacturer shall sell, offer to sell, distribute, or offer to distrib- 48 ute wind turbines unless the manufacturer participates as a collection 49 site for out-of-service wind turbines or requests and receives a waiver 50 from the department following a demonstration that such participation 51 would pose an undue burden. 52 § 27-3409. Wind turbine wholesaler and retailer requirements. 53 No wind turbine wholesaler or retailer located within this state shall 54 sell, offer for sale or distribute any wind turbine for final sale 55 unless the manufacturer of such wind turbine is listed on the depart- 56 ment's website, in accordance with the provisions of this title. 
 A. 7537 6 1 § 27-3411. Battery collection. 2 1. Each battery manufacturer shall, individually or collectively, with 3 other battery manufacturers, establish and maintain a program for the 4 collection, transportation and recycling of out-of-service batteries in 5 accordance with the provisions of this section. 6 2. Each battery manufacturer shall, individually or collectively with 7 other battery manufacturers through a collection program, do the follow- 8 ing: 9 (a) On and after July first, two thousand twenty-five, compile a list 10 of battery wholesalers within this state. 11 (b) Establish a system to collect, transport and recycle out-of-ser- 12 vice batteries from all collection sites. 13 (c) Not include any fees or other charges to consumers or persons 14 participating in the program. 15 (d) Beginning July first, two thousand twenty-five, conduct education 16 and outreach efforts, including, but not limited to the following: 17 (i) establish and maintain a public website for the dissemination of 18 educational materials to promote the collection and recycling of out-of- 19 service batteries. Such website shall include templates of the educa- 20 tional materials on the internet website in a form and format that can 21 be easily downloaded and printed. The link to such website shall be 22 provided to the department; 23 (ii) contact solar panel wholesalers at least once each year to 24 encourage their support and participation in educating consumers on the 25 importance of statutory requirements for the collection and recycling of 26 out-of-service batteries; 27 (iii) create and maintain a web-based program that allows contractors 28 and consumers to identify collection sites for out-of-service batteries 29 in the state and provide a list of collection sites to the department; 30 and 31 (iv) develop informational articles, press releases, and news stories 32 pertaining to the importance of and opportunities for collecting and 33 recycling out-of-service batteries and distribute such materials to 34 trade publications, local media, and stakeholder groups. 35 (e) On or before July first, two thousand twenty-five, develop and 36 update as necessary educational and other outreach materials for 37 distribution to qualified contractors, contractor associations and 38 consumers. Such materials shall be made available for use by participat- 39 ing battery wholesalers, battery retailers, qualified contractors, and 40 qualified government authorities. Such materials shall include, but not 41 be limited to, the following: 42 (i) signage, such as posters and cling signage, that can be prominent- 43 ly displayed to promote the recycling of out-of-service batteries to 44 qualified contractors and consumers; and 45 (ii) written materials or templates of materials for reproduction by 46 battery wholesalers and battery retailers to be provided to consumers at 47 the time of purchase or delivery of a battery. Such materials shall 48 include, but not be limited to, information on the importance of recycl- 49 ing out-of-service batteries and opportunities for the collection of 50 such batteries. 51 (f) Provide an opportunity for the department to review and offer 52 feedback and suggestions on the collection program. 53 3. No later than April first, two thousand twenty-six, and no later 54 than April first of each year thereafter, each battery manufacturer 55 shall, individually or collectively with other battery manufacturers, 56 submit an annual report on its collection program to the department 
 A. 7537 7 1 covering the one-year period ending December thirty-first of the previ- 2 ous year. Each report shall be posted on the battery manufacturer's or 3 program operator's respective internet website. The annual report shall 4 include the following: 5 (a) the number of out-of-service batteries collected and recycled 6 under this section during the previous calendar year; 7 (b) a list of all battery manufacturers, battery wholesalers, contrac- 8 tors, qualified local government authorities, and battery retailers 9 participating in the program as battery collection sites; 10 (c) an accounting of the program's administrative costs; 11 (d) a description of outreach strategies employed under paragraph (d) 12 of subdivision two of this section; 13 (e) examples of outreach and educational materials used under para- 14 graph (d) of subdivision two of this section; 15 (f) the internet website address or addresses where the annual report 16 may be viewed online; 17 (g) a description of how the out-of-service batteries were collected 18 and recycled; 19 (h) any modifications that the battery manufacturer is planning to 20 make in its collection program; and 21 (i) the identification of a collection program contact and the busi- 22 ness phone number, mailing address, and e-mail address for the contact. 23 4. All battery manufacturers participating in the program shall handle 24 and manage any out-of-service batteries that cannot be recycled and have 25 been determined to be or to contain hazardous waste, as defined pursuant 26 to regulations of the department, consistent with the requirements for 27 the management and disposal of hazardous waste. 28 5. On and after July first, two thousand twenty-five, no battery 29 manufacturer shall sell, offer to sell, distribute, or offer to distrib- 30 ute batteries unless such manufacturer participates as a collection site 31 for out-of-service batteries or requests and receives a waiver from the 32 department following a demonstration that such participation would pose 33 an undue burden. 34 § 27-3413. Battery wholesaler and retailer requirements. 35 No battery wholesaler or battery retailer located within this state 36 shall sell, offer for sale or distribute any battery for final sale 37 unless the manufacturer of such battery is listed on the department's 38 website, in accordance with the provisions of this title. 39 § 27-3415. Department responsibilities. 40 1. No later than June first, two thousand twenty-eight, the department 41 shall maintain on its website information regarding the collection and 42 recycling of out-of-service solar panels, out-of-service wind turbines, 43 and out-of-service batteries in the state. Such information shall 44 include the following: 45 (a) a description of the collection programs established under this 46 section and a list of manufacturers participating in the collection 47 program pursuant to this title; and 48 (b) a list of all wholesalers, qualified contractors, qualified local 49 government authorities, and retailers participating in the program as 50 collection sites. 51 2. No later than November first, two thousand twenty-nine, the depart- 52 ment shall submit a written report to the governor and the legislature 53 regarding the effectiveness of the collection programs established under 54 this title, information on the number of out-of-service solar panels, 55 out-of-service wind turbines, and out-of-service batteries collected, 56 and how such out-of-service solar panels, out-of-service wind turbines, 
 A. 7537 8 1 and out-of-service batteries were managed. The department shall use 2 such information to recommend whether the provisions of this title 3 should be extended, along with any other statutory changes. In preparing 4 the report, the department shall consult with solar panel manufacturers, 5 environmental organizations, municipal recyclers, and other interest 6 groups. 7 § 27-3417. Disposal prohibition. 8 1. No transporter shall knowingly commingle solar panels, wind 9 turbines, or batteries with solid waste or recyclable materials. 10 2. No transporter shall knowingly deliver solar panels, wind turbines, 11 or batteries or knowingly cause such materials to be delivered to the 12 following facilities located within this state: 13 (a) an incinerator; 14 (b) a landfill; 15 (c) a transfer station; or 16 (d) a facility who the transporter knows or should know will either 17 commingle such materials with other solid waste or deliver such materi- 18 als to an incinerator or a landfill for disposal. 19 3. No operator of an incinerator or a landfill shall knowingly accept 20 solar panels, wind turbines, or batteries for disposal. 21 4. No operator of a transfer station shall knowingly commingle solar 22 panels, wind turbines, or batteries with other solid waste or cause such 23 materials to be transferred to an incinerator or landfill for disposal. 24 5. Each landfill and incinerator shall post, in a conspicuous location 25 at the facility, a sign stating that solar panels, wind turbines, or 26 batteries are not accepted at the facility. 27 § 3. a. Any consumer or qualified contractor who replaces solar 28 panels, wind turbines, or batteries from a building shall deliver such 29 solar panels, wind turbines, or batteries to an appropriate collection 30 site. 31 b. Any person or contractor who demolishes a building shall ensure 32 that all solar panels, wind turbines, or batteries are removed from the 33 building prior to demolition and shall deliver the solar panels, wind 34 turbines, or batteries to a collection site. 35 c. Any department, authority, instrumentality, or municipal corpo- 36 ration of the state administering a program that involves the removal or 37 replacement of solar panels, wind turbines, or batteries as a result of 38 any statutory requirement, shall inform contractors of their statutory 39 obligations to deliver the solar panels, wind turbines, or batteries to 40 a collection site and prohibiting the disposal of such solar panels, 41 wind turbines, or batteries in a solid-waste facility. 42 d. Any contractor, organization or subcontractor of such organization, 43 who contracts with or receives funding or financing provided in whole or 44 in part by or through any department, agency, instrumentality, or poli- 45 tical subdivision of this state for the sale, distribution, service, 46 removal, collection and recycling of solar panels, wind turbines, or 47 batteries shall ensure the collection, transportation and proper manage- 48 ment of out-of-service solar panels, out-of-service wind turbines, or 49 out-of-service batteries in accordance with the provisions of title 34 50 of article 27 of the environmental conservation law. 51 § 4. This act shall take effect immediately and shall expire and be 52 deemed repealed January 1, 2035.