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S05027 Summary:

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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S05027 Actions:

06/01/2021PRINT NUMBER 5027A
06/08/2021referred to environmental conservation
01/05/2022died in assembly
01/05/2022returned to senate
01/19/20221ST REPORT CAL.262
01/20/20222ND REPORT CAL.
04/25/2022referred to environmental conservation
05/02/2022returned to senate
05/05/2022SUBSTITUTED BY A9279A
 A09279 AMEND=A Englebright
 02/10/2022referred to environmental conservation
 02/15/2022reported referred to codes
 03/01/2022reported referred to ways and means
 04/20/2022amend and recommit to ways and means
 04/20/2022print number 9279a
 04/25/2022reported referred to rules
 04/25/2022rules report cal.90
 04/25/2022ordered to third reading rules cal.90
 04/27/2022passed assembly
 04/27/2022delivered to senate
 05/05/2022SUBSTITUTED FOR S5027C
 05/05/20223RD READING CAL.262
 05/05/2022PASSED SENATE
 12/16/2022delivered to governor
 12/28/2022signed chap.795
 12/28/2022approval memo.80
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S05027 Text:

                STATE OF NEW YORK
            Cal. No. 262
                               2021-2022 Regular Sessions
                    IN SENATE
                                    February 22, 2021
        Introduced  by  Sens.  KAVANAGH,  BIAGGI, KRUEGER, MAY -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental  Conservation  --  committee  discharged,  bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          recommitted  to the Committee on Environmental Conservation in accord-
          ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
          committee and committed to the Committee on Finance -- reported favor-
          ably  from said committee, ordered to first and second report, ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading -- passed by Senate and delivered to the
          Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5027--C                          2
     1  § 27-3301. Definitions.
     2    1.  "Brand"  means  a  name, symbol, word, or mark that attributes the
     3  product to the owner or licensee of the brand as the producer.
     4    2. "Carpet" means a manufactured article that is (a) used  in  commer-
     5  cial  buildings  or  single  or  multifamily  residential buildings, (b)
     6  affixed or placed on the floor or building walking surface as a  decora-
     7  tive or functional building interior or exterior feature, and (c) prima-
     8  rily constructed of a top surface of synthetic or natural face fibers or
     9  yarns or tufts attached to a backing system made of synthetic or natural
    10  materials.  "Carpet"  includes,  but  is not limited to, a commercial or
    11  residential broadloom carpet, modular carpet tiles, artificial  turf,  a
    12  pad or underlayment used in conjunction with a carpet. "Carpet" does not
    13  include handmade rugs, area rugs, or mats.
    14    3. "Closed loop recycling" means recycling in which materials that are
    15  reclaimed  are  returned  to  the original process or processes in which
    16  they were generated where they are reused in the production process.
    17    4. "Collection site" means a permanent location in the state at  which
    18  discarded  carpet may be returned by a consumer.  Collection sites shall
    19  accept all types of carpet as defined by this title regardless of brand.
    20    5. "Consumer" means a person located in the state who purchases, owns,
    21  leases, or uses carpet, including but not limited to  an  individual,  a
    22  business,  corporation, limited partnership, not-for-profit corporation,
    23  the state, a public corporation, public school, school district, private
    24  or parochial school, or board of  cooperative  educational  services  or
    25  governmental entity.
    26    6.  "Discarded  carpet"  means  carpet  that  a  consumer has used and
    27  disposed of in the state and is no  longer  used  for  its  manufactured
    28  purpose.
    29    7.  "Energy  recovery"  means the process by which all or a portion of
    30  solid waste materials are processed or combusted in order to utilize the
    31  heat content or other forms of energy  derived  from  such  solid  waste
    32  materials.
    33    8.   "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or  "PFAS
    34  substances" means a class of fluorinated organic chemicals containing at
    35  least one fully fluorinated carbon atom.
    36    9. "Producer" means any person who manufactures carpet that  is  sold,
    37  offered  for  sale, or distributed in the state under the manufacturer's
    38  own name or brand.  "Producer" includes:
    39    (a) the owner of a trademark or brand  under  which  carpet  is  sold,
    40  offered  for  sale,  or  distributed  in this state, whether or not such
    41  trademark or brand is registered in the state; and
    42    (b) any person who imports a carpet into the  United  States  that  is
    43  sold  or  offered  for  sale  in the state and that is manufactured by a
    44  person who does not have a presence in the United States.
    45    10. "Recycling" means to separate, dismantle or process the materials,
    46  components or commodities contained in discarded carpet for the  purpose
    47  of  preparing the materials, components, or commodities for use or reuse
    48  in new products or components.   "Recycling"  does  not  include  energy
    49  recovery  or  energy  generation by any means, including but not limited
    50  to, combustion, incineration, pyrolysis, gasification, solvolysis, waste
    51  to fuel or any chemical conversion  process,  or  landfill  disposal  of
    52  discarded carpet or discarded product component materials.
    53    11.  "Recycling rate" means the percentage of discarded carpet that is
    54  managed  through  recycling  or  reuse, as defined by this title, and is
    55  computed  by  dividing  the  amount  of  recycled  output  derived  from

        S. 5027--C                          3
     1  collected  carpet, plus any pounds sent for reuse by the estimated total
     2  amount of discarded carpet generated during a program year.
     3    12.  "Representative organization" means a not-for-profit organization
     4  established by a producer or group of producers to implement the  carpet
     5  collection program.
     6    13. "Retailer" means any person who sells or offers for sale carpet to
     7  a consumer in the state.
     8    14. "Reuse" means the return of a product into the economic stream for
     9  use  in  the  same  kind  of  application  as the product was originally
    10  intended to be used, without a change in the product's identity.
    11    15. "Sell" or "sale" means any transfer for consideration of title  or
    12  the  right  to use, from a manufacturer or retailer to a person, includ-
    13  ing, but not limited to, transactions  conducted  through  retail  sales
    14  outlets,  catalogs, mail, the telephone, the internet, or any electronic
    15  means; this does not include samples, donations, and reuse.
    16  § 27-3303. Producer plan.
    17    1. No later than December thirty-first, two thousand  twenty-three,  a
    18  producer,  either individually or cooperatively with one or more produc-
    19  ers, or a representative organization shall submit to the department for
    20  the department's approval a plan  for  the  establishment  of  a  carpet
    21  collection  program  that meets the collection requirements described in
    22  this section.
    23    2. A producer may satisfy the carpet collection program requirement of
    24  this section by agreeing to participate collectively with other  produc-
    25  ers.    Any  such  collective carpet collection program shall notify the
    26  department.
    27    3. A producer or representative organization shall update the plan, as
    28  needed, when there are changes proposed to the current  program.  A  new
    29  plan or amendment will be required to be submitted to the department for
    30  approval when:
    31    (a) there is a revision of the program's goals; or
    32    (b) every three years from the date of approval of a previous plan.
    33    4.  The  plan submitted by the producer or representative organization
    34  to the department under this section shall, at a minimum:
    35    (a) provide a list of each participating provider and  brands  covered
    36  by the program;
    37    (b) provide information on the products covered by the program;
    38    (c)  describe  how  the  producer  or representative organization will
    39  collect, transport, recycle, and process carpet;
    40    (d) describe how the program will provide for collection of carpet  in
    41  the  state,  free  of  cost  and in a manner convenient to consumers and
    42  carpet installers, including how the program will achieve, at a minimum,
    43  a convenience standard which ensures that all counties of the state  and
    44  all  municipalities  which  have a population of ten thousand or greater
    45  have at least one permanent collection site and one additional permanent
    46  collection site for every thirty thousand people located in those areas,
    47  that accepts carpet from consumers during normal business hours;  howev-
    48  er,  with  respect to a city having a population of one million or more,
    49  after consultation with the department of sanitation of such  city,  the
    50  department  may otherwise establish an alternative convenience standard.
    51  The producer or representative organization may coordinate  the  program
    52  with  existing  municipal waste collection infrastructure as is mutually
    53  agreeable.  Convenience standards shall be evaluated by  the  department
    54  periodically  and  the  department  may  require  additional  collection
    55  locations to ensure adequate consumer convenience;

        S. 5027--C                          4
     1    (e) describe in  detail  education  and  outreach  efforts  to  inform
     2  consumers,  carpet  installers  and  others engaged in the management of
     3  discarded carpet about the program including, at a minimum, an  internet
     4  website  and  a  toll-free  telephone  number  and  written  information
     5  included at the time of sale of carpet that provides sufficient informa-
     6  tion  to  allow  a  consumer  to  learn  how  to  return such carpet for
     7  disposal, recycling or reuse;
     8    (f) describe the methods to be used  to  reuse  or  recycle  discarded
     9  carpet;
    10    (g)  describe the methods to be used to manage or dispose of discarded
    11  carpet that cannot be recycled or reused;
    12    (h) describe how the program will meet annual  performance  goals,  as
    13  determined  by  the  department, provided that at a minimum, the program
    14  shall achieve the following recycling rates:
    15    (i) a thirty percent recycling rate for carpets of which  ten  percent
    16  shall  be closed-loop recycling by five years after the plan is approved
    17  by the department pursuant to section 27-3309 of this title;
    18    (ii) a fifty percent  recycling  rate  for  carpets  of  which  twenty
    19  percent  shall  be  closed-loop recycling by ten years after the plan is
    20  approved by the department pursuant to section 27-3309  of  this  title;
    21  and
    22    (iii)  a  seventy-five  percent  recycling  rate for carpets, of which
    23  forty percent shall be closed-loop recycling by fifteen years after  the
    24  plan  is  approved by the department pursuant to section 27-3309 of this
    25  title;
    26    (i) describe what, if  any,  incentives  will  be  used  to  encourage
    27  retailer participation;
    28    (j)  describe  the outreach and education methods that will be used to
    29  encourage municipal landfill and transfer station participation; and
    30    (k) describe the sources of data and methodology  for  estimating  the
    31  amount of carpet discarded in the state annually.
    32  § 27-3305. Producer responsibilities.
    33    1.  Beginning  not later than July first, two thousand twenty-four, or
    34  six months after the plan is approved under subdivision four of  section
    35  27-3309 of this title, whichever occurs later, the producer or represen-
    36  tative  organization  shall  implement  the  carpet  collection  program
    37  utilizing collection sites established  pursuant  to  paragraph  (d)  of
    38  subdivision four of section 27-3303 of this title.
    39    2.  A producer shall not sell, or offer for sale, carpet to any person
    40  in the state unless the producer and the producer's  brands  are  regis-
    41  tered with the department pursuant to this section on and after the date
    42  of implementation of the carpet collection program.
    43    3.  The program shall be free to the consumer, convenient and adequate
    44  to serve the needs of consumers in all areas of the state on an  ongoing
    45  basis.
    46    4.  A  producer  or representative organization shall maintain records
    47  demonstrating compliance with the provisions of this title and make them
    48  available for audit and inspection by the department  for  a  period  of
    49  three  years.  The  department  shall make such records available to the
    50  public upon request in accordance with the provisions of the state free-
    51  dom of information  law  and  the  regulations  promulgated  thereunder.
    52  Record  holders  shall  submit  the  records required to comply with the
    53  request within sixty working days of written notification by the depart-
    54  ment of receipt of the request.
    55    5. A producer or representative organization shall be responsible  for
    56  all  costs  associated  with the implementation of the carpet collection

        S. 5027--C                          5
     1  program, including but not limited to the cost of collection. A  produc-
     2  er, producers or representative organization shall pay costs incurred by
     3  the state in the administration and enforcement of this title. Exclusive
     4  of  fines and penalties, the state shall only recover its actual cost of
     5  administration and enforcement.
     6    6. Any person who becomes a producer  on  or  after  December  thirty-
     7  first,  two thousand twenty-three shall submit a plan to the department,
     8  or notify the department that it has joined an existing plan,  prior  to
     9  selling  or  offering for sale in the state any carpet, and shall comply
    10  with the requirements of this title.
    11    7. On or before July first, two  thousand  twenty-five,  and  annually
    12  thereafter,  a  producer  or  representative organization shall submit a
    13  report to the department that includes, for the previous program year, a
    14  description of the program, including, but not limited to,  the  follow-
    15  ing:
    16    (a)  a detailed description of the methods used to collect, transport,
    17  and process carpet in the state, including detailing collection  methods
    18  made   available  to  consumers  and  an  evaluation  of  the  program's
    19  collection convenience;
    20    (b) identification of all collection sites in the state;
    21    (c) the weight of all of the producer's carpet collected in the  state
    22  by  method  of disposition, including reuse, recycling and other methods
    23  of processing or disposal;
    24    (d) an evaluation of whether the performance goals and recycling rates
    25  have been achieved;
    26    (e) the total cost of implementing the program;
    27    (f) samples of all educational materials provided to consumers  and  a
    28  detailed  list  of  efforts  undertaken and an evaluation of the methods
    29  used to disseminate such materials including  recommendations,  if  any,
    30  for how the educational component of the program can be improved; and
    31    (g) any other information required by the department.
    32    8. On or before January first of each program year following implemen-
    33  tation  of  the  plan  pursuant  to  section 27-3303 of this title, each
    34  producer, group of producers or representative organization shall submit
    35  a report to the department that  assesses  compliance  with  performance
    36  goals and describes any modifications necessary to achieve such goals.
    37  § 27-3307. Retailer requirements.
    38    1.  Beginning  July  first,  two thousand twenty-four, no retailer may
    39  sell or offer for sale carpet in the state unless the producer  of  such
    40  carpet is participating in a carpet collection program. A retailer shall
    41  be  in  compliance  with  this  section  if,  on the date the carpet was
    42  offered for sale, the producer is listed on the department's website  as
    43  implementing  or  participating  in an approved program or if the carpet
    44  brand is listed on the department's website as  being  included  in  the
    45  program.
    46    2. Any retailer may participate, on a voluntary basis, as a designated
    47  collection  site  pursuant to a carpet collection program and in accord-
    48  ance with all applicable laws and regulations.
    49  § 27-3309. Department responsibilities.
    50    1. The department shall (a) maintain  a  list  of  producers  who  are
    51  implementing or participating pursuant to section 27-3303 of this title,
    52  (b)  maintain  a  list of each such producer's brands, and (c) post such
    53  lists on the department's website.
    54    2. Beginning July first,  two  thousand  twenty-four,  the  department
    55  shall  post  on its website the location of all collection sites identi-
    56  fied to the department by the producer in its plans and annual reports.

        S. 5027--C                          6
     1    3. The department  shall  post  on  its  website  each  producer  plan
     2  approved by the department.
     3    4.  Within ninety days after receipt of a proposed plan or plan amend-
     4  ment, the department shall approve or reject the plan or the plan amend-
     5  ment. If the plan or plan amendment is approved,  the  department  shall
     6  notify  the  producer  or representative organization in writing. If the
     7  department rejects the plan or  plan  amendment,  the  department  shall
     8  notify  the  producer  or representative organization in writing stating
     9  the reason for rejecting the plan  or  plan  amendment.  A  producer  or
    10  representative  organization  whose  plan  is  rejected  shall  submit a
    11  revised plan to the department within thirty days of receiving a  notice
    12  of  rejection.    If the department rejects the subsequent proposal, the
    13  producer or producers at issue shall be out of compliance and subject to
    14  enforcement provisions.
    15    5. The department shall submit a report regarding  the  implementation
    16  of  this  title  in  this state to the governor and legislature by April
    17  first, two thousand twenty-five and  every  two  years  thereafter.  The
    18  report shall include, at a minimum, an evaluation of:
    19    (a) the stream of carpet in the state;
    20    (b) disposal, recycling and reuse rates in the state for carpet;
    21    (c) a discussion of compliance and enforcement related to the require-
    22  ments of this title; and
    23    (d) recommendations for any changes to this title.
    24    6.  Starting  four  years after the plan is approved by the department
    25  pursuant to this section, the department shall impose a penalty of twen-
    26  ty-five cents per pound to be assessed on the producer or representative
    27  organization for the number of additional pounds of  carpet  that  would
    28  have  needed  to be recycled through the program to achieve the perform-
    29  ance goals specified in the approved stewardship plan.    All  penalties
    30  collected pursuant to this section shall be paid over to the commission-
    31  er for deposit to the environmental protection fund established pursuant
    32  to section ninety-two-s of the state finance law.
    33  § 27-3311. Carpet stewardship advisory board.
    34    1.  There  is  hereby  established  within  the  department the carpet
    35  stewardship advisory board to make recommendations to  the  commissioner
    36  regarding producer plans required by this title.
    37    2.  The  board  shall  be  composed of thirteen voting members.   Such
    38  members shall include:
    39    (a) one representative of carpet producers;
    40    (b) two representatives of carpet retailers;
    41    (c) one representative of carpet recyclers;
    42    (d) two representatives of carpet collectors;
    43    (e) one representative of a company that utilizes discarded carpet  to
    44  manufacture a new product;
    45    (f) one representative of a carpet installer association;
    46    (g) one representative from a statewide environmental organization;
    47    (h) one representative from a statewide waste disposal association;
    48    (i) one representative from the New York product stewardship council;
    49    (j) one representative from a consumer organization; and
    50    (k) one representative from a statewide recycling organization.
    51    3. The members shall be appointed as follows:
    52    (a)  two  members  to  be  appointed by the temporary president of the
    53  senate;
    54    (b) two members to be appointed by the speaker of the assembly;
    55    (c) one member to be appointed by the minority leader of the senate;

        S. 5027--C                          7
     1    (d) one member to be appointed by the minority leader of the assembly;
     2  and
     3    (e) seven members to be appointed by the executive.
     4    4.  Such  appointments  shall  be  made no later than the first day of
     5  January following the date on which this title takes effect. The members
     6  shall designate a chair from among the members by majority  vote.  Board
     7  members  shall  receive  no  compensation but shall be entitled to their
     8  necessary and actual expenses incurred in the performance of their board
     9  duties.
    10    5. The board shall meet at least quarterly by call of the chair.
    11  § 27-3313. Labeling and design requirements.
    12    1. On and after one year after the plan is approved by the  department
    13  pursuant  to  section  27-3309 of this title, carpet sold or offered for
    14  sale in the state shall be  accompanied  by  the  following  identifying
    15  information:
    16    (a) Name of the producer and contact information; and
    17    (b) Carpet material, composition, and type of construction.
    18    2.  On  and  after December thirty-first, two thousand twenty-four, no
    19  carpet sold or offered for sale in the state shall contain or be treated
    20  with PFAS substances for any purpose.
    21  § 27-3315. Post-consumer content requirements.
    22    All carpet sold in the state shall be manufactured with the  following
    23  minimum amounts from post-consumer sources:
    24    1. within one year after the plan is approved by the department pursu-
    25  ant to section 27-3309 of this title, a minimum of ten percent post-con-
    26  sumer content;
    27    2. within four years thereafter, a minimum of twenty percent post-con-
    28  sumer content; and
    29    3.  five  years  thereafter, a minimum of thirty percent post-consumer
    30  content.
    31  § 27-3317. Penalties.
    32    Any producer who violates any provision of or  fails  to  perform  any
    33  duty  imposed pursuant to this title shall be liable for a civil penalty
    34  not to exceed five hundred dollars for each violation and an  additional
    35  penalty  of not more than five hundred dollars for each day during which
    36  such violation continues. Civil  penalties  shall  be  assessed  by  the
    37  department  after  a  hearing or opportunity to be heard pursuant to the
    38  provisions of section 71-1709 of this chapter.
    39  § 27-3319. Rules and regulations.
    40    The department is authorized to promulgate any rules  and  regulations
    41  necessary to implement this title.
    42    §  2. Section 71-1701 of the environmental conservation law is amended
    43  to read as follows:
    44  § 71-1701. Applicability of this title.
    45    This title shall be applicable to the enforcement of titles 1  through
    46  11  and  titles  15  through  19  of article 17; article 19; and [title]
    47  titles 1 and 33 of article 27.
    48    § 3. This act shall take effect immediately.
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