§3 - Note
An Act concerning recycling of solar and photovoltaic energy generation facilities and structures, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
2[1. a. The owner of a solar or photovoltaic energy generation facility or structure shall remove and recycle the facility or structure, including any related equipment or infrastructure, 1after termination of its use,1 in accordance with rules and regulations adopted by the Department of Environmental Protection pursuant to subsection b. of this section.
b. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this section which shall include, but need not be limited to, minimum requirements for the removal and recycling of solar and photovoltaic energy generation facilities and structures.
c. Any person who violates the provisions of this section, or any rules or regulations adopted pursuant thereto, shall be subject to a civil penalty up to 1[$1000] $1,0001 , to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this subsection.]2
21. There is established the "New Jersey Solar Panel Recycling Commission." The purpose of the commission shall be to investigate options for recycling and other end-of-life management methods for photovoltaic and other solar energy generation structures, and to develop recommendations for legislative, administrative, or private sector action.
a. The commission shall consist of nine voting members as follows:
(1) the Commissioner of Environmental Protection, or the commissioner's designee, who shall serve ex officio as chairperson;
(2) the Commissioner of Community Affairs, or the commissioner's designee, who shall serve ex officio as vice-chairperson; and
(3) seven members who shall be appointed by the Governor no later than the 90th day next following the effective date of this act as follows:
(a) two members of the State’s business community with expertise, knowledge, or experience in Class D recycling and the disposal of consumer electronics;
(b) one representative of a non-profit organization that promotes recycling in the State;
(c) two members who are currently employed in the solar power industry; and
(d) two members representing the State’s academic community with expertise in recycling issues.
b. The commission shall organize as soon as practicable, but no later than the 30th day after the appointment of all its members. Any vacancy in the membership shall be filled in the same manner as the original appointment.
c. The commission shall meet at the call of the chairperson, and it may hold hearings at the times and in the places it may deem appropriate and necessary to fulfill its charge.
d. A simple majority of the commission shall constitute a quorum for the transaction of commission business. Action may be taken and motions and resolutions adopted by the commission at any meeting thereof by the affirmative vote of a majority of the membership of the commission.
e. Members of the commission shall serve without compensation, but the commission may, within the limits of funds appropriated or otherwise made available to it, reimburse its members for actual and necessary expenses incurred in the discharge of their official duties.
f. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, authority, or agency as it may require and as may be available to it for its purposes; to employ stenographic and clerical assistance; and to incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes. The Department of Environmental Protection shall provide staff support to the commission.
g. The commission shall submit its findings and conclusions in a final report, together with any recommendations for legislative, administrative, or private sector action, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C:52:14-19.1), to the Legislature within one year after the appointment of all its members. The commission may extend the deadline to submit the report by one additional year upon notice to the Governor and the Legislature. The report shall be posted on the Department of Environmental Protection's Internet website.2
22. The Department of Environmental Protection may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations based on the recommendations contained in the report submitted by the "Solar Panel Recycling Commission," established pursuant to section 1 of this act, concerning recycling or other end-of-life management methods for photovoltaic and other solar energy generation structures.2
2[2.] 3.2 This act shall take effect 2[on the 1[180th] 365th1 day next following the date of enactment, except that the Department of Environmental Protection may take any administrative action in advance thereof as shall be necessary for the implementation of this act] immediately and section 1 shall expire upon the submittal by the commission of the final report required pursuant to subsection g. of section 1 of this act2 .
Establishes "New Jersey Solar Panel Recycling Commission."