Bill Text: NY A09673 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires flooring contractor to remove used carpeting from the premises of a customer's property; requires such contractors to manage used carpeting in accordance with the state solid waste management policy; provides for the reuse and recycling of used carpeting by localities.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-05-09 - reference changed to environmental conservation [A09673 Detail]

Download: New_York-2011-A09673-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9673
                                 I N  A S S E M B L Y
                                    March 23, 2012
                                      ___________
       Introduced by M. of A. MAISEL -- read once and referred to the Committee
         on Consumer Affairs and Protection
       AN ACT to amend the general business law and the environmental conserva-
         tion law, in relation to the reuse and recycling of carpeting
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 770 of the  general  business  law  is  amended  by
    2  adding three new subdivisions 8, 9 and 10 to read as follows:
    3    8.  "CARPETING" MEANS ANY MANUFACTURED FLOOR COVERING THAT IS COMPOSED
    4  OF A VISIBLE TOP SURFACE OF FIBERS, YARNS OR TUFTS ATTACHED TO A BACKING
    5  MADE OF SYNTHETIC OR NATURAL MATERIALS. CARPETING INCLUDES, BUT  IS  NOT
    6  LIMITED  TO,  COMMERCIAL  OR  RESIDENTIAL  BROADLOOM  CARPET, OR MODULAR
    7  CARPET TILES.  CARPETING  INCLUDES  THE  PAD  OR  UNDERLAYMENT  USED  IN
    8  CONJUNCTION  WITH  A  CARPET. SUCH TERM SHALL NOT INCLUDE HANDMADE RUGS,
    9  AREA RUGS OR MATS.
   10    9. "FLOORING AND FLOOR COVERING"  MEANS  MATERIAL  USED  TO  MAKE  THE
   11  SURFACE  OF  A  FLOOR ABOVE THE SUB-FLOOR INCLUDING, BUT NOT LIMITED TO,
   12  CARPETING; LINOLEUM,  VINYL  OR  RUBBER  ROLLS  AND  TILE;  NATURAL  AND
   13  SYNTHETIC  STONE  TILES; OR PLANKS, SECTIONS OR SQUARES CUT OR ASSEMBLED
   14  FROM WOOD, BARK, OR OTHER PLANT OR SYNTHETIC MATERIALS.
   15    10. "FLOORING AND FLOOR COVERING CONTRACTOR" MEANS ANY PERSON OR ENTI-
   16  TY WHICH OPERATES A BUSINESS THAT INSTALLS, REPLACES OR REMOVES FLOORING
   17  OR FLOOR COVERING, OR THAT UNDERTAKES, OFFERS TO UNDERTAKE OR AGREES  TO
   18  INSTALL, REPLACE OR REMOVE FLOORING OR FLOOR COVERING FOR A FEE; AND FOR
   19  WHICH  THE  TOTAL  COST  OF ALL OF HIS OR HER FLOORING OR FLOOR COVERING
   20  CONTRACTS WITH ALL ITS  CUSTOMERS  EXCEEDS  ONE  THOUSAND  FIVE  HUNDRED
   21  DOLLARS  DURING ANY PERIOD OF TWELVE CONSECUTIVE MONTHS. SUCH TERM SHALL
   22  NOT INCLUDE A PERSON, FIRM, CORPORATION,  LANDLORD,  COOPERATIVE  CORPO-
   23  RATION,  CONDOMINIUM  BOARD  OF MANAGERS, JOINT TENANT OR CO-TENANT THAT
   24  OWNS, IN WHOLE OR IN PART, THE REAL PROPERTY TO BE IMPROVED.
   25    S 2. The general business law is amended by adding a new section 771-b
   26  to read as follows:
   27    S 771-B. RESPONSIBILITIES OF FLOORING AND FLOOR COVERING  CONTRACTORS.
   28  1. EVERY FLOORING AND FLOOR COVERING CONTRACTOR WHO REMOVES USED CARPET-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13909-03-2
       A. 9673                             2
    1  ING  FROM  A  CUSTOMER'S  FLOOR OR SUB-FLOOR SHALL REMOVE SUCH CARPETING
    2  FROM THE PREMISES OF SUCH CUSTOMER'S PROPERTY NOT LATER  THAN  THE  TIME
    3  THE CONTRACTED WORK IS COMPLETED.
    4    2.  EVERY  FLOORING  AND  FLOOR  COVERING  CONTRACTOR SHALL MANAGE AND
    5  UTILIZE ALL USED CARPETING,  RECOVERED  PURSUANT  TO  THIS  SECTION,  IN
    6  ACCORDANCE  WITH  THE  STATE  SOLID  WASTE MANAGEMENT POLICY ESTABLISHED
    7  PURSUANT TO SECTION 27-0106 OF THE ENVIRONMENTAL CONSERVATION LAW.
    8    3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
    9  A FLOORING AND FLOOR COVERING CONTRACTOR SHALL NOT BE REQUIRED TO REMOVE
   10  USED CARPETING FROM THE PREMISES OF A CUSTOMER'S PROPERTY WHEN:
   11    (A)  THE  CUSTOMER REQUESTS TO RETAIN CUSTODY OF ALL OR ANY PORTION OF
   12  THE USED CARPETING, AND THE FLOORING AND FLOOR COVERING CONTRACTOR:
   13    (1) REMOVES ALL USED CARPETING WHICH THE CUSTOMER DOES  NOT  ELECT  TO
   14  RETAIN CUSTODY OF,
   15    (2)  INFORMS THE CUSTOMER THAT HE OR SHE IS RESPONSIBLE FOR THE PROPER
   16  MANAGEMENT OF THE USED CARPETING IN ACCORDANCE WITH LOCAL LAWS AND ORDI-
   17  NANCES, AND
   18    (3) OBTAINS A STATEMENT, SIGNED BY THE CUSTOMER, ATTESTING THAT HE  OR
   19  SHE  HAS  ELECTED  TO  RETAIN CUSTODY OF USED CARPETING, THE APPROXIMATE
   20  SQUARE YARDAGE OF THE RETAINED USED CARPETING AND ACKNOWLEDGING THAT  HE
   21  OR  SHE  HAS  BEEN  INFORMED OF HIS OR HER RESPONSIBILITY FOR THE PROPER
   22  MANAGEMENT OF THE USED CARPETING, INCLUDING ANY  COSTS  ASSOCIATED  WITH
   23  THE  COLLECTION THEREOF BY OR ON BEHALF OF THE APPROPRIATE MUNICIPALITY,
   24  OR BY A CONTRACTED RECYCLING OR WASTE HAULER; OR
   25    (B) THE CUSTOMER'S MUNICIPALITY OPERATES OR  HAS  CONTRACTED  FOR  THE
   26  OPERATION  OF A PROGRAM WHICH ACCEPTS USED CARPETING FROM THE CUSTOMER'S
   27  PREMISES, AND REUSES OR RECYCLES USED CARPETING AT A RATE  OF  NOT  LESS
   28  THAN  FIFTY  PERCENT,  BY  WEIGHT, OF THE USED CARPETING IT RECEIVES, AS
   29  APPROVED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
   30    S 3. Section 773 of the general business law is amended  by  adding  a
   31  new subdivision 4 to read as follows:
   32    4.  CARPETING  VIOLATIONS.  ANY FLOORING AND FLOOR COVERING CONTRACTOR
   33  WHO IS FOUND TO HAVE VIOLATED ANY PROVISION  OF  SECTION  SEVEN  HUNDRED
   34  SEVENTY-ONE-B OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
   35  MORE THAN TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION THEREOF.
   36    S  4.  Article  27 of the environmental conservation law is amended by
   37  adding a new title 29 to read as follows:
   38                                  TITLE 29
   39                             CARPETING REUSE AND
   40                                  RECYCLING
   41  SECTION 27-2901. DEFINITIONS.
   42          27-2903. MANAGEMENT OF USED CARPETING.
   43  S 27-2901. DEFINITIONS.
   44    AS USED IN THIS TITLE:
   45    1. "CARPETING" MEANS ANY MANUFACTURED FLOOR COVERING THAT IS  COMPOSED
   46  OF A VISIBLE TOP SURFACE OF FIBERS, YARNS OR TUFTS ATTACHED TO A BACKING
   47  MADE  OF  SYNTHETIC OR NATURAL MATERIALS. CARPETING INCLUDES, BUT IS NOT
   48  LIMITED TO, COMMERCIAL  OR  RESIDENTIAL  BROADLOOM  CARPET,  OR  MODULAR
   49  CARPET  TILES.  CARPETING  INCLUDES  THE  PAD  OR  UNDERLAYMENT  USED IN
   50  CONJUNCTION WITH A CARPET. SUCH TERM SHALL NOT  INCLUDE  HANDMADE  RUGS,
   51  AREA RUGS OR MATS.
   52    2.  "PAY-AS-YOU-THROW"  MEANS  A  PROGRAM  THAT CHARGES RESIDENTS OF A
   53  MUNICIPALITY FOR WASTE MANAGEMENT SERVICES  BASED  ON  THE  AMOUNT  THEY
   54  DISCARD.
       A. 9673                             3
    1    3.  "PLANNING UNIT" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
    2  TERM PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 27-0107  OF
    3  THIS ARTICLE.
    4  S 27-2903. MANAGEMENT OF USED CARPETING.
    5    1.  ANY  PLANNING UNIT OR MUNICIPALITY THEREIN MAY ESTABLISH A PROGRAM
    6  TO MANAGE USED CARPETING FOR REUSE OR RECYCLING IN ACCORDANCE  WITH  THE
    7  STATE  SOLID  WASTE  MANAGEMENT  POLICY  ESTABLISHED PURSUANT TO SECTION
    8  27-0106 OF THIS ARTICLE.
    9    2. A PLANNING UNIT OR PARTICIPATING  MUNICIPALITY  THAT  MANAGES  USED
   10  CARPETING  IN  ANY  ASPECT SHALL INCLUDE A DESCRIPTION OF THE PROCESS IN
   11  ITS LOCAL SOLID WASTE MANAGEMENT PLAN OR ANY COMPONENT REQUIRED  THEREIN
   12  INCLUDING, BUT NOT LIMITED TO:
   13    (A) ANY EXISTING MEANS BY WHICH USED CARPETING IS MANAGED IN THE PLAN-
   14  NING UNIT OR BY THE MUNICIPALITIES; AND
   15    (B)  AN  EVALUATION  OF  ALTERNATIVES  TO DISPOSAL METHODS TO INCREASE
   16  REDUCTION, REUSE AND RECYCLING OF USED CARPETING, INCLUDING  PAY-AS-YOU-
   17  THROW OR OTHER INCENTIVE-BASED STRATEGIES.
   18    3.  NO PLANNING UNIT, MUNICIPALITY, ENTITY ACTING ON BEHALF OF A MUNI-
   19  CIPALITY OR WASTE HAULER SHALL  COLLECT  USED  CARPETING,  THAT  EXCEEDS
   20  THREE FEET IN LENGTH, FROM CURBSIDE OR ROADSIDE, UNLESS IT EMPLOYS:
   21    (A)  A  CARPETING  REUSE  OR RECYCLING PROGRAM WHICH RECOVERS AT LEAST
   22  FIFTY PERCENT BY WEIGHT OF ALL USED CARPETING COLLECTED;
   23    (B) A PAY-AS-YOU-THROW OR OTHER PROGRAM WHICH CHARGES  HOMEOWNERS  FOR
   24  THE  CURBSIDE  OR ROADSIDE COLLECTION OF USED CARPETING ACCORDING TO THE
   25  AMOUNT DISCARDED, BUT NOT LESS THAN TEN DOLLARS FOR ANY  ONE  COLLECTION
   26  OF USED CARPETING; OR
   27    (C)  ANOTHER  MEANS  OF PROMOTING THE RECOVERY OF USED CARPETING BY AN
   28  INCENTIVE-BASED APPROACH APPROVED BY THE DEPARTMENT.
   29    S 5. This act shall take effect immediately,  provided  that  sections
   30  one, two and three of this act shall take effect January 1, 2013.