New York A 10437: Enacts the New York photovoltaic module stewardship and take-back program act

Bill Text

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A10437 Summary:

BILL NOA10437 

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SAME ASNo Same As

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SPONSORHyndman

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COSPNSR

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MLTSPNSR

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Add Art 27 Title 34 §§27-3401 - 27-3411, En Con L; add §99-uu, St Fin L

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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.

Go to top A10437 Actions:

BILL NOA10437 

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03/06/2026referred to environmental conservation

Go to topA10437 Committee&nbspVotes:

Go to topA10437 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10437 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10437

 IN ASSEMBLY

 March 6, 2026
 ___________

 Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
 tee 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;
 23 (b) assembles or has assembled a photovoltaic module that uses parts
 24 manufactured by others for sale in or into this state under the assem-
 25 bler's brand names;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03303-03-6

 A. 10437 2

 1 (c) resells or has resold in or into this state under its own brand
 2 names a photovoltaic module produced by other suppliers, including
 3 retail establishments that sell photovoltaic modules under their own
 4 brand names;
 5 (d) manufactures or has manufactured a cobranded photovoltaic module
 6 product for sale in or into this state that carries the name of both the
 7 manufacturer and a retailer;
 8 (e) imports or has imported a photovoltaic module into the United
 9 States that is sold in or into this state. However, if the imported
 10 photovoltaic module is manufactured by any person with a presence in the
 11 United States meeting the criteria of manufacturer under this subdivi-
 12 sion, that person is the manufacturer;
 13 (f) sells at retail a photovoltaic module acquired from an importer
 14 that is the manufacturer and elects to register as the manufacturer for
 15 those products; or
 16 (g) elects to assume the responsibility and register in lieu of a
 17 manufacturer as defined under this subdivision;
 18 2. "Person" means any individual, business entity, partnership, compa-
 19 ny, corporation, limited liability company, nonprofit organization,
 20 association, governmental entity, educational or cultural institutions,
 21 public be