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A09279 Summary:

COSPNSRKelles, Griffin, Lunsford, Rosenthal L, Burdick, Glick, Thiele, Colton, Abinanti, Jean-Pierre, Ramos, Otis, Peoples-Stokes
Add Art 27 Title 33 §§27-3301 - 27-3319, amd §71-1701, En Con L
Establishes a carpet collection program; creates a carpet stewardship advisory board; defines terms; imposes penalties for violations.
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A09279 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    February 10, 2022
          read once and referred to the Committee on Environmental  Conservation
          --  reported  and  referred  to the Committee on Codes -- reported and
          referred to the Committee on Ways and Means --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing a carpet collection program
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 33 to read as follows:
     3                                  TITLE 33
     4                          CARPET COLLECTION PROGRAM
     5  Section 27-3301. Definitions.
     6          27-3303. Producer plan.
     7          27-3305. Producer responsibilities.
     8          27-3307. Retailer requirements.
     9          27-3309. Department responsibilities.
    10          27-3311. Carpet stewardship advisory board.
    11          27-3313. Labeling and design requirements.
    12          27-3315. Post-consumer content requirements.
    13          27-3317. Penalties.
    14          27-3319. Rules and regulations.
    15  § 27-3301. Definitions.
    16    1. "Brand" means a name, symbol, word, or  mark  that  attributes  the
    17  product to the owner or licensee of the brand as the producer.
    18    2.  "Carpet"  means a manufactured article that is (a) used in commer-
    19  cial buildings or  single  or  multifamily  residential  buildings,  (b)
    20  affixed  or placed on the floor or building walking surface as a decora-
    21  tive or functional building interior or exterior feature, and (c) prima-
    22  rily constructed of a top surface of synthetic or natural face fibers or
    23  yarns or tufts attached to a backing system made of synthetic or natural
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9279--A                          2
     1  materials. "Carpet" includes, but is not limited  to,  a  commercial  or
     2  residential  broadloom  carpet, modular carpet tiles, artificial turf, a
     3  pad or underlayment used in conjunction with a carpet. "Carpet" does not
     4  include handmade rugs, area rugs, or mats.
     5    3. "Closed loop recycling" means recycling in which materials that are
     6  reclaimed  are  returned  to  the original process or processes in which
     7  they were generated where they are reused in the production process.
     8    4. "Collection site" means a permanent location in the state at  which
     9  discarded  carpet may be returned by a consumer.  Collection sites shall
    10  accept all types of carpet as defined by this title regardless of brand.
    11    5. "Consumer" means a person located in the state who purchases, owns,
    12  leases, or uses carpet, including but not limited to  an  individual,  a
    13  business,  corporation, limited partnership, not-for-profit corporation,
    14  the state, a public corporation, public school, school district, private
    15  or parochial school, or board of  cooperative  educational  services  or
    16  governmental entity.
    17    6.  "Discarded  carpet"  means  carpet  that  a  consumer has used and
    18  disposed of in the state and is no  longer  used  for  its  manufactured
    19  purpose.
    20    7.  "Energy  recovery"  means the process by which all or a portion of
    21  solid waste materials are processed or combusted in order to utilize the
    22  heat content or other forms of energy  derived  from  such  solid  waste
    23  materials.
    24    8.   "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or  "PFAS
    25  substances" means a class of fluorinated organic chemicals containing at
    26  least one fully fluorinated carbon atom.
    27    9. "Producer" means any person who manufactures carpet that  is  sold,
    28  offered  for  sale, or distributed in the state under the manufacturer's
    29  own name or brand.  "Producer" includes:
    30    (a) the owner of a trademark or brand  under  which  carpet  is  sold,
    31  offered  for  sale,  or  distributed  in this state, whether or not such
    32  trademark or brand is registered in the state; and
    33    (b) any person who imports a carpet into the  United  States  that  is
    34  sold  or  offered  for  sale  in the state and that is manufactured by a
    35  person who does not have a presence in the United States.
    36    10. "Recycling" means to separate, dismantle or process the materials,
    37  components or commodities contained in discarded carpet for the  purpose
    38  of  preparing the materials, components, or commodities for use or reuse
    39  in new products or components.   "Recycling"  does  not  include  energy
    40  recovery  or  energy  generation by any means, including but not limited
    41  to, combustion, incineration, pyrolysis, gasification, solvolysis, waste
    42  to fuel or any chemical conversion  process,  or  landfill  disposal  of
    43  discarded carpet or discarded product component materials.
    44    11.  "Recycling rate" means the percentage of discarded carpet that is
    45  managed  through  recycling  or  reuse, as defined by this title, and is
    46  computed  by  dividing  the  amount  of  recycled  output  derived  from
    47  collected  carpet, plus any pounds sent for reuse by the estimated total
    48  amount of discarded carpet generated during a program year.
    49    12. "Representative organization" means a not-for-profit  organization
    50  established  by a producer or group of producers to implement the carpet
    51  collection program.
    52    13. "Retailer" means any person who sells or offers for sale carpet to
    53  a consumer in the state.
    54    14. "Reuse" means the return of a product into the economic stream for
    55  use in the same kind  of  application  as  the  product  was  originally
    56  intended to be used, without a change in the product's identity.

        A. 9279--A                          3
     1    15.  "Sell" or "sale" means any transfer for consideration of title or
     2  the right to use, from a manufacturer or retailer to a  person,  includ-
     3  ing,  but  not  limited  to, transactions conducted through retail sales
     4  outlets, catalogs, mail, the telephone, the internet, or any  electronic
     5  means; this does not include samples, donations, and reuse.
     6  § 27-3303. Producer plan.
     7    1.  No  later than December thirty-first, two thousand twenty-three, a
     8  producer, either individually or cooperatively with one or more  produc-
     9  ers, or a representative organization shall submit to the department for
    10  the  department's  approval  a  plan  for  the establishment of a carpet
    11  collection program that meets the collection requirements  described  in
    12  this section.
    13    2. A producer may satisfy the carpet collection program requirement of
    14  this  section by agreeing to participate collectively with other produc-
    15  ers.  Any such collective carpet collection  program  shall  notify  the
    16  department.
    17    3. A producer or representative organization shall update the plan, as
    18  needed,  when  there  are changes proposed to the current program. A new
    19  plan or amendment will be required to be submitted to the department for
    20  approval when:
    21    (a) there is a revision of the program's goals; or
    22    (b) every three years from the date of approval of a previous plan.
    23    4. The plan submitted by the producer or  representative  organization
    24  to the department under this section shall, at a minimum:
    25    (a)  provide  a list of each participating provider and brands covered
    26  by the program;
    27    (b) provide information on the products covered by the program;
    28    (c) describe how the  producer  or  representative  organization  will
    29  collect, transport, recycle, and process carpet;
    30    (d)  describe how the program will provide for collection of carpet in
    31  the state, free of cost and in a  manner  convenient  to  consumers  and
    32  carpet installers, including how the program will achieve, at a minimum,
    33  a  convenience standard which ensures that all counties of the state and
    34  all municipalities which have a population of ten  thousand  or  greater
    35  have at least one permanent collection site and one additional permanent
    36  collection site for every thirty thousand people located in those areas,
    37  that  accepts carpet from consumers during normal business hours; howev-
    38  er, with respect to a city having a population of one million  or  more,
    39  after  consultation  with the department of sanitation of such city, the
    40  department may otherwise establish an alternative convenience  standard.
    41  The  producer  or representative organization may coordinate the program
    42  with existing municipal waste collection infrastructure as  is  mutually
    43  agreeable.    Convenience standards shall be evaluated by the department
    44  periodically  and  the  department  may  require  additional  collection
    45  locations to ensure adequate consumer convenience;
    46    (e)  describe  in  detail  education  and  outreach  efforts to inform
    47  consumers, carpet installers and others engaged  in  the  management  of
    48  discarded  carpet about the program including, at a minimum, an internet
    49  website  and  a  toll-free  telephone  number  and  written  information
    50  included at the time of sale of carpet that provides sufficient informa-
    51  tion  to  allow  a  consumer  to  learn  how  to  return such carpet for
    52  disposal, recycling or reuse;
    53    (f) describe the methods to be used  to  reuse  or  recycle  discarded
    54  carpet;
    55    (g)  describe the methods to be used to manage or dispose of discarded
    56  carpet that cannot be recycled or reused;

        A. 9279--A                          4
     1    (h) describe how the program will meet annual  performance  goals,  as
     2  determined  by  the  department, provided that at a minimum, the program
     3  shall achieve the following recycling rates:
     4    (i)  a  thirty percent recycling rate for carpets of which ten percent
     5  shall be closed-loop recycling by five years after the plan is  approved
     6  by the department pursuant to section 27-3309 of this title;
     7    (ii)  a  fifty  percent  recycling  rate  for  carpets of which twenty
     8  percent shall be closed-loop recycling by ten years after  the  plan  is
     9  approved  by  the  department pursuant to section 27-3309 of this title;
    10  and
    11    (iii) a seventy-five percent recycling  rate  for  carpets,  of  which
    12  forty  percent shall be closed-loop recycling by fifteen years after the
    13  plan is approved by the department pursuant to section 27-3309  of  this
    14  title;
    15    (i)  describe  what,  if  any,  incentives  will  be used to encourage
    16  retailer participation;
    17    (j) describe the outreach and education methods that will be  used  to
    18  encourage municipal landfill and transfer station participation; and
    19    (k)  describe  the  sources of data and methodology for estimating the
    20  amount of carpet discarded in the state annually.
    21  § 27-3305. Producer responsibilities.
    22    1. Beginning not later than July first, two thousand  twenty-four,  or
    23  six  months after the plan is approved under subdivision four of section
    24  27-3309 of this title, whichever occurs later, the producer or represen-
    25  tative  organization  shall  implement  the  carpet  collection  program
    26  utilizing  collection  sites  established  pursuant  to paragraph (d) of
    27  subdivision four of section 27-3303 of this title.
    28    2. A producer shall not sell, or offer for sale, carpet to any  person
    29  in  the  state  unless the producer and the producer's brands are regis-
    30  tered with the department pursuant to this section on and after the date
    31  of implementation of the carpet collection program.
    32    3. The program shall be free to the consumer, convenient and  adequate
    33  to  serve the needs of consumers in all areas of the state on an ongoing
    34  basis.
    35    4. A producer or representative organization  shall  maintain  records
    36  demonstrating compliance with the provisions of this title and make them
    37  available  for  audit  and  inspection by the department for a period of
    38  three years. The department shall make such  records  available  to  the
    39  public upon request in accordance with the provisions of the state free-
    40  dom  of  information  law  and  the  regulations promulgated thereunder.
    41  Record holders shall submit the records  required  to  comply  with  the
    42  request within sixty working days of written notification by the depart-
    43  ment of receipt of the request.
    44    5.  A producer or representative organization shall be responsible for
    45  all costs associated with the implementation of  the  carpet  collection
    46  program,  including but not limited to the cost of collection. A produc-
    47  er, producers or representative organization shall pay costs incurred by
    48  the state in the administration and enforcement of this title. Exclusive
    49  of fines and penalties, the state shall only recover its actual cost  of
    50  administration and enforcement.
    51    6.  Any  person  who  becomes  a producer on or after December thirty-
    52  first, two thousand twenty-three shall submit a plan to the  department,
    53  or  notify  the department that it has joined an existing plan, prior to
    54  selling or offering for sale in the state any carpet, and  shall  comply
    55  with the requirements of this title.

        A. 9279--A                          5

     1    7.  On  or  before  July first, two thousand twenty-five, and annually
     2  thereafter, a producer or representative  organization  shall  submit  a
     3  report to the department that includes, for the previous program year, a
     4  description  of  the program, including, but not limited to, the follow-
     5  ing:
     6    (a)  a detailed description of the methods used to collect, transport,
     7  and process carpet in the state, including detailing collection  methods
     8  made   available  to  consumers  and  an  evaluation  of  the  program's
     9  collection convenience;
    10    (b) identification of all collection sites in the state;
    11    (c) the weight of all of the producer's carpet collected in the  state
    12  by  method  of disposition, including reuse, recycling and other methods
    13  of processing or disposal;
    14    (d) an evaluation of whether the performance goals and recycling rates
    15  have been achieved;
    16    (e) the total cost of implementing the program;
    17    (f) samples of all educational materials provided to consumers  and  a
    18  detailed  list  of  efforts  undertaken and an evaluation of the methods
    19  used to disseminate such materials including  recommendations,  if  any,
    20  for how the educational component of the program can be improved; and
    21    (g) any other information required by the department.
    22    8. On or before January first of each program year following implemen-
    23  tation  of  the  plan  pursuant  to  section 27-3303 of this title, each
    24  producer, group of producers or representative organization shall submit
    25  a report to the department that  assesses  compliance  with  performance
    26  goals and describes any modifications necessary to achieve such goals.
    27  § 27-3307. Retailer requirements.
    28    1.  Beginning  July  first,  two thousand twenty-four, no retailer may
    29  sell or offer for sale carpet in the state unless the producer  of  such
    30  carpet is participating in a carpet collection program. A retailer shall
    31  be  in  compliance  with  this  section  if,  on the date the carpet was
    32  offered for sale, the producer is listed on the department's website  as
    33  implementing  or  participating  in an approved program or if the carpet
    34  brand is listed on the department's website as  being  included  in  the
    35  program.
    36    2. Any retailer may participate, on a voluntary basis, as a designated
    37  collection  site  pursuant to a carpet collection program and in accord-
    38  ance with all applicable laws and regulations.
    39  § 27-3309. Department responsibilities.
    40    1. The department shall (a) maintain  a  list  of  producers  who  are
    41  implementing or participating pursuant to section 27-3303 of this title,
    42  (b)  maintain  a  list of each such producer's brands, and (c) post such
    43  lists on the department's website.
    44    2. Beginning July first,  two  thousand  twenty-four,  the  department
    45  shall  post  on its website the location of all collection sites identi-
    46  fied to the department by the producer in its plans and annual reports.
    47    3. The department  shall  post  on  its  website  each  producer  plan
    48  approved by the department.
    49    4.  Within ninety days after receipt of a proposed plan or plan amend-
    50  ment, the department shall approve or reject the plan or the plan amend-
    51  ment. If the plan or plan amendment is approved,  the  department  shall
    52  notify  the  producer  or representative organization in writing. If the
    53  department rejects the plan or  plan  amendment,  the  department  shall
    54  notify  the  producer  or representative organization in writing stating
    55  the reason for rejecting the plan  or  plan  amendment.  A  producer  or
    56  representative  organization  whose  plan  is  rejected  shall  submit a

        A. 9279--A                          6
     1  revised plan to the department within thirty days of receiving a  notice
     2  of  rejection.    If the department rejects the subsequent proposal, the
     3  producer or producers at issue shall be out of compliance and subject to
     4  enforcement provisions.
     5    5.  The  department shall submit a report regarding the implementation
     6  of this title in this state to the governor  and  legislature  by  April
     7  first,  two  thousand  twenty-five  and  every two years thereafter. The
     8  report shall include, at a minimum, an evaluation of:
     9    (a) the stream of carpet in the state;
    10    (b) disposal, recycling and reuse rates in the state for carpet;
    11    (c) a discussion of compliance and enforcement related to the require-
    12  ments of this title; and
    13    (d) recommendations for any changes to this title.
    14    6. Starting four years after the plan is approved  by  the  department
    15  pursuant to this section, the department shall impose a penalty of twen-
    16  ty-five cents per pound to be assessed on the producer or representative
    17  organization  for  the  number of additional pounds of carpet that would
    18  have needed to be recycled through the program to achieve  the  perform-
    19  ance  goals  specified  in the approved stewardship plan.  All penalties
    20  collected pursuant to this section shall be paid over to the commission-
    21  er for deposit to the environmental protection fund established pursuant
    22  to section ninety-two-s of the state finance law.
    23  § 27-3311. Carpet stewardship advisory board.
    24    1. There is  hereby  established  within  the  department  the  carpet
    25  stewardship  advisory  board to make recommendations to the commissioner
    26  regarding producer plans required by this title.
    27    2. The board shall be composed  of  thirteen  voting  members.    Such
    28  members shall include:
    29    (a) one representative of carpet producers;
    30    (b) two representatives of carpet retailers;
    31    (c) one representative of carpet recyclers;
    32    (d) two representatives of carpet collectors;
    33    (e)  one representative of a company that utilizes discarded carpet to
    34  manufacture a new product;
    35    (f) one representative of a carpet installer association;
    36    (g) one representative from a statewide environmental organization;
    37    (h) one representative from a statewide waste disposal association;
    38    (i) one representative from the New York product stewardship council;
    39    (j) one representative from a consumer organization; and
    40    (k) one representative from a statewide recycling organization.
    41    3. The members shall be appointed as follows:
    42    (a) two  members  to  be  appointed by the temporary president of  the
    43  senate;
    44    (b) two members to be appointed by the speaker of the assembly;
    45    (c) one member to be appointed by the minority leader of the senate;
    46    (d) one member to be appointed by the minority leader of the assembly;
    47  and
    48    (e) seven members to be appointed by the executive.
    49    4.  Such  appointments  shall  be  made no later than the first day of
    50  January following the date on which this title takes effect. The members
    51  shall designate a chair from among the members by majority  vote.  Board
    52  members  shall  receive  no  compensation but shall be entitled to their
    53  necessary and actual expenses incurred in the performance of their board
    54  duties.
    55    5. The board shall meet at least quarterly by call of the chair.
    56  § 27-3313. Labeling and design requirements.

        A. 9279--A                          7
     1    1. On and after one year after the plan is approved by the  department
     2  pursuant  to  section  27-3309 of this title, carpet sold or offered for
     3  sale in the state shall be  accompanied  by  the  following  identifying
     4  information:
     5    (a) Name of the producer and contact information; and
     6    (b) Carpet material, composition, and type of construction.
     7    2.  On  and  after December thirty-first, two thousand twenty-four, no
     8  carpet sold or offered for sale in the state shall contain or be treated
     9  with PFAS substances for any purpose.
    10  § 27-3315. Post-consumer content requirements.
    11    All carpet sold in the state shall be manufactured with the  following
    12  minimum amounts from post-consumer sources:
    13    1. within one year after the plan is approved by the department pursu-
    14  ant to section 27-3309 of this title, a minimum of ten percent post-con-
    15  sumer content;
    16    2. within four years thereafter, a minimum of twenty percent post-con-
    17  sumer content; and
    18    3.  five  years  thereafter, a minimum of thirty percent post-consumer
    19  content.
    20  § 27-3317. Penalties.
    21    Any producer who violates any provision of or  fails  to  perform  any
    22  duty  imposed pursuant to this title shall be liable for a civil penalty
    23  not to exceed five hundred dollars for each violation and an  additional
    24  penalty  of not more than five hundred dollars for each day during which
    25  such violation continues. Civil  penalties  shall  be  assessed  by  the
    26  department  after  a  hearing or opportunity to be heard pursuant to the
    27  provisions of section 71-1709 of this chapter.
    28  § 27-3319. Rules and regulations.
    29    The department is authorized to promulgate any rules  and  regulations
    30  necessary to implement this title.
    31    §  2. Section 71-1701 of the environmental conservation law is amended
    32  to read as follows:
    33  § 71-1701. Applicability of this title.
    34    This title shall be applicable to the enforcement of titles 1  through
    35  11  and  titles  15  through  19  of article 17; article 19; and [title]
    36  titles 1 and 33 of article 27.
    37    § 3. This act shall take effect immediately.
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