ASSEMBLY ENVIRONMENT, NATURAL RESOURCES, AND SOLID WASTE COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 3399

with committee amendments

STATE OF NEW JERSEY

DATED: DECEMBER 4, 2025

      The Assembly Environment, Natural Resources, and Solid Waste Committee reports favorably and with committee amendments Senate Bill No. 3399 (1R).

As amended, this bill would require the owner, producer, distributor, or manufacturer of solar and photovoltaic energy generation facilities and structures to remove and recycle or refurbish the facility and structures and any related equipment or infrastructure after the termination of their use.  The bill would permit the Department of Environmental Protection (DEP) to adopt rules and regulations for the removal and recycling of solar and photovoltaic energy generation facilities and structures and a fee schedule to cover the full costs incurred by the DEP to implement the bill’s provisions.  The rules and regulations may require recyclers to securely store any toxic components of solar panels that cannot be safely recycled until a viable and safe method of recycling the components is approved by the DEP.  

      In addition, the DEP would be required to frequently evaluate the availability and accessibility of recycling facilities for solar or photovoltaic energy generation facilities, or components thereof, within the State.  Once the DEP determines that recycling facilities for solar or photovoltaic energy generation facilities, or components thereof, are widely accessible and available within the State, the DEP would be required to publish that finding in the New Jersey Register and on the DEP’s Internet website no more than 30 days after making the finding.  The bill’s provisions would not take effect until 180 days after the DEP’s finding has been published in the New Jersey Register and on the DEP’s Internet website.

      A violation of the bill’s provisions would be considered a violation of the “Solid Waste Management Act,” P.L.1970, c.39 (C.13:1E-1 et seq.).

      As amended and reported by the committee, Senate Bill No. 3399 (1R) is identical to Assembly Bill No. 6005, which was also amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

(1) stipulate that the bill’s provisions concerning the removal and recycling or refurbishing of a solar or photovoltaic energy generation facility or structure after the termination of its use would apply to owners, producers, distributors, or manufacturers of solar or photovoltaic energy generation facilities or structures, rather than only owners;

      (2) provide that the DEP is authorized, but not required, to adopt rules and regulations necessary to implement the bill’s provisions;

      (3) provide that if the DEP does adopt rules and regulations to implement the bill’s provisions, the rules and regulations may include establishing a fee schedule to cover the full costs incurred by the DEP to implement the bill’s provisions and establishing a product stewardship program;

      (4) require the DEP to frequently evaluate the availability and accessibility of recycling facilities for solar or photovoltaic energy generation facilities, or components thereof, within the State and require that when the DEP determines that recycling facilities for solar or photovoltaic energy generation facilities, or components thereof, are widely accessible and available within the State, the DEP is required to publish that finding in the New Jersey Register and on the DEP’s Internet website;

      (5) clarify that the bill’s provisions do not take effect until 180 days after the DEP’s finding is published in the New Jersey Register and on the DEP’s Internet website; and

      (6) modify the penalties for a violation of the bill’s provisions to make a violation of the bill’s provisions be considered a violation of the “Solid Waste Management Act,” P.L.1970, c.39 (C.13:1E-1 et seq.), rather than a civil penalty of $1,000.