Who Is Responsible for Solar Panel Recycling in NJ?

New Jersey’s solar recycling law — S3399, signed January 12, 2026 — assigns responsibility for proper panel disposal based on a specific legal trigger: “termination of use.” Understanding when that trigger applies determines whether you are responsible for recycling your panels and what documentation you need to provide.

The key concept — termination of use

Responsibility under S3399 is not triggered by the age of your system or by a routine service visit. It is triggered when a solar panel system permanently stops being used. That moment — termination of use — is what activates your recycling and documentation obligations.

Four scenarios that trigger responsibility

System failure and permanent removal

When a system fails and panels are permanently removed rather than repaired, termination of use has occurred. The property owner is responsible for certified recycling and chain-of-custody documentation.

Roof replacement requiring panel removal

Panels removed for a roof replacement and not reinstalled on the same property trigger disposal obligations. If panels are being temporarily removed and reinstalled, the obligation does not apply.

End of solar lease with abandoned equipment

If a solar lease ends and the lessor abandons panels on the property, responsibility may transfer to the property owner. Document all communications with the leasing company.

Selling a home with non-functional panels

Non-functional panels left on a property at point of sale can trigger disposal obligations. Functional panels transferring with the property to a new owner do not.

What does not trigger disposal requirements

• Partial panel replacement as part of an ongoing system
• Temporary removal for roof repairs with planned reinstallation
• Routine cleaning, inspection, or inverter replacement
• System underperformance without permanent removal

What compliant disposal requires

Once termination of use is triggered, compliant disposal under S3399 requires routing panels to a certified recycler and obtaining a Certificate of Recycling. Blue Flag Solar handles the full process — removal, transport, certified recycling, and the complete documentation package — so you have proof of compliance on file.

Frequently asked questions