Amd Art 27 Title 33 Title Head, ren §27-3319 to be §27-3321, add §27-3319, En Con L
Limits liability of producers, representative organizations and retailers for antitrust, restraint of trade, or unfair trade practices arising from the performance of an action required to be undertaken under certain law or a producer plan.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2103A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
extended producer responsibility for carpet
PURPOSE OR GENERAL IDEA OF BILL:
To provide antitrust provisions in the Carpet Collection Program.
SUMMARY OF PROVISIONS:
Section one of the bill amends the title heading of title 33 of article
27 of the environmental conservation law to read as "Extended Producer
Responsibility for Carpet".
Section two of the bill amends renumbers section 27-3319 as section
27-3321 and adds a new section 27-3319 to provide antitrust provisions.
Section three of the bill sets forth the effective date.
JUSTIFICATION:
In 2022, New York enacted historic legislation that provided for the
establishment of the Carpet Collection program. This extended producer
responsibility program aims to reduce carpet waste, encourage closed-
loop carpet recycling, and provide a mechanism for carpet producer
stewardship of its product through its life cycle. This legislation
will help producers coordinate within their respective industries
related to the development of a producer plan in accordance with the
Carpet Collection program.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
A.10604 of 2024, referred to environmental conservation. Same as S.9779,
referred to environmental conservation.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2103--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Environmental Conservation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
extended producer responsibility for carpet
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The title heading of title 33 of article 27 of the environ-
2 mental conservation law, as added by chapter 795 of the laws of 2022, is
3 amended to read as follows:
4 EXTENDED PRODUCER RESPONSIBILITY FOR
5 CARPET [COLLECTION PROGRAM]
6 § 2. Section 27-3319 of the environmental conservation law is renum-
7 bered section 27-3321 and a new section 27-3319 is added to read as
8 follows:
9 § 27-3319. Limits on liability for antitrust, restraint of trade, or
10 unfair trade practices.
11 1. A producer, representative organization, or retailer shall not be
12 liable for any claim of a violation of antitrust, restraint of trade, or
13 unfair trade practice laws arising from the performance of an action
14 required to be undertaken by this title or which is necessary to imple-
15 ment or participate under a producer plan approved by the department,
16 solely to increase the collection and recycling of carpet, which affects
17 the types and quantities being collected and recycled or the cost and
18 structure of such collection program that the producer, representative
19 organization, or retailer is participating in pursuant to this title.
20 2. Provided, however, subdivision one of this section shall not apply
21 to any agreement establishing or affecting the price of carpet, except,
22 as necessary, to fulfill producer responsibility under subdivision five
23 of section 27-3305 of this title, the output or production of carpet, or
24 restricting the geographic area or customers to which carpet will be
25 sold.
26 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04801-02-5
