Bill Text: NY S00834 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the carpet collection program; defines "carpet collection program" as a program financed and implemented by producers, either individually, or through a representative organization, that provides for, but is not limited to, the collection, transportation, reuse, recycling, proper end-of-life management, or an appropriate combination thereof, of discarded carpet; extends the deadlines of certain provisions of law; makes technical corrections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-03 - SIGNED CHAP.82 [S00834 Detail]
Download: New_York-2023-S00834-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 834 2023-2024 Regular Sessions IN SENATE January 6, 2023 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the environmental conservation law, in relation to the carpet collection program; and to amend a chapter of the laws of 2022 amending the environmental conservation law relating to establishing a carpet collection program, as proposed in legislative bills numbers S. 5027-C and A. 9279-A, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2, 3 and 10 of section 27-3301 of the environ- 2 mental conservation law, as added by a chapter of the laws of 2022 3 amending the environmental conservation law relating to establishing a 4 carpet collection program, as proposed in legislative bills numbers S. 5 5027-C and A. 9279-A, are amended, a new opening paragraph and a new 6 subdivision 3-a are added to read as follows: 7 For the purposes of this title, the following terms shall have the 8 following meanings: 9 2. "Carpet" means a manufactured article that is (a) used [in commer-10cial buildings or single or multifamily residential buildings] by a 11 consumer, (b) affixed or placed on the floor or building walking surface 12 as a decorative or functional building interior or exterior feature, and 13 (c) primarily constructed of a top surface of synthetic or natural face 14 fibers or yarns or tufts attached to a backing system made of synthetic 15 or natural materials. "Carpet" includes, but is not limited to, a 16 commercial or residential broadloom carpet, modular carpet tiles, arti- 17 ficial turf, a pad or underlayment used in conjunction with a carpet. 18 "Carpet" does not include handmade rugs, area rugs, or mats. 19 3. "Closed loop recycling" means recycling in which materials that are 20 reclaimed are returned to the original process or processes in which 21 they were generated [where] and they are reused in the production proc- 22 ess. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04004-01-3S. 834 2 1 3-a. "Carpet collection program" or "program" means a program financed 2 and implemented by producers, either individually, or through a repre- 3 sentative organization, that provides for, but is not limited to, the 4 collection, transportation, reuse, recycling, proper end-of-life manage- 5 ment, or an appropriate combination thereof, of discarded carpet. 6 10. "Recycling" means to separate, dismantle or process the materials, 7 components or commodities contained in discarded carpet for the purpose 8 of preparing the materials, components, or commodities for use or reuse 9 in new products or components. "Recycling" does not include: (a) energy 10 recovery or energy generation by any means, including but not limited 11 to, combustion, incineration, pyrolysis, gasification, solvolysis, waste 12 to fuel or any chemical conversion process[,]; or (b) landfill disposal 13 of discarded carpet or discarded product component materials. 14 § 2. Subdivisions 1 and 4 of section 27-3303 of the environmental 15 conservation law, as added by a chapter of the laws of 2022 amending the 16 environmental conservation law, relating to establishing a carpet 17 collection program, as proposed in legislative bills numbers S. 5027-C 18 and A. 9279-A, are amended to read as follows: 19 1. No later than December thirty-first, two thousand [twenty-three] 20 twenty-five, a producer, either individually or cooperatively with one 21 or more producers, or a representative organization shall submit to the 22 department for the department's approval a plan for the establishment of 23 a carpet collection program that meets the collection requirements 24 described in this section. 25 4. The plan submitted by the producer or representative organization 26 to the department under this section shall, at a minimum: 27 (a) provide a list of each participating [provider] producer and 28 brands covered by the program; 29 (b) provide information on the products covered by the program; 30 (c) describe how the producer or representative organization will 31 collect, transport, recycle, and process carpet; 32 (d) describe how the program will provide for collection of carpet in 33 the state, free of cost and in a manner convenient to consumers and 34 carpet installers, including how the program will achieve, at a minimum, 35 a convenience standard which ensures that all counties of the state and 36 all municipalities which have a population of ten thousand or greater 37 have at least one permanent collection site and one additional permanent 38 collection site for every thirty thousand people located in those areas, 39 that accepts carpet from consumers during normal business hours; howev- 40 er, with respect to a city having a population of one million or more, 41 after consultation with the department of sanitation of such city, the 42 department may otherwise establish an alternative convenience standard. 43 The producer or representative organization may coordinate the program 44 with existing municipal waste collection infrastructure as is mutually 45 agreeable. Convenience standards shall be evaluated by the department 46 periodically and the department may require additional collection 47 locations to ensure adequate consumer convenience; 48 (e) describe in detail education and outreach efforts to inform 49 consumers, carpet installers and others engaged in the management of 50 discarded carpet about the program including, at a minimum, an internet 51 website and a toll-free telephone number and written information 52 included at the time of sale of carpet that provides sufficient informa- 53 tion to allow a consumer to learn how to return such carpet for 54 disposal, recycling or reuse; 55 (f) describe the methods to be used to reuse or recycle discarded 56 carpet;S. 834 3 1 (g) describe the methods to be used to manage or dispose of discarded 2 carpet that cannot be recycled or reused; 3 (h) describe how the program will meet annual performance goals, as 4 determined by the department, provided that at a minimum, the program 5 shall achieve the following recycling rates: 6 (i) a thirty percent recycling rate for carpets of which ten percent 7 shall be closed-loop recycling by five years after the plan is approved 8 by the department pursuant to section 27-3309 of this title; 9 (ii) a fifty percent recycling rate for carpets of which twenty 10 percent shall be closed-loop recycling by ten years after the plan is 11 approved by the department pursuant to section 27-3309 of this title; 12 and 13 (iii) a seventy-five percent recycling rate for carpets, of which 14 forty percent shall be closed-loop recycling by fifteen years after the 15 plan is approved by the department pursuant to section 27-3309 of this 16 title; 17 (i) describe what, if any, incentives will be used to encourage 18 retailer participation; 19 (j) describe the outreach and education methods that will be used to 20 encourage municipal landfill and transfer station participation; [and] 21 (k) describe the sources of data and methodology for estimating the 22 amount of carpet discarded in the state annually[.]; and 23 (l) any other information as specified by the department. 24 § 3. Section 27-3305 of the environmental conservation law, as added 25 by a chapter of the laws of 2022 amending the environmental conservation 26 law relating to establishing a carpet collection program, as proposed in 27 legislative bills numbers S. 5027-C and A. 9279-A, is amended to read as 28 follows: 29 § 27-3305. Producer responsibilities. 30 1. Beginning not later than July first, two thousand [twenty-four] 31 twenty-six, [or six months after the plan is approved under subdivision32four of section 27-3309 of this title, whichever occurs later,] the 33 producer or representative organization shall implement the carpet 34 collection program utilizing collection sites established pursuant to 35 paragraph (d) of subdivision four of section 27-3303 of this title. 36 2. A producer shall not sell, or offer for sale, carpet to any person 37 in the state unless the producer [and the producer's brands are regis-38tered with the department pursuant to this section on and after the date39of implementation of the carpet collection program] is implementing or 40 participating under an approved plan. 41 3. The program shall be free to the consumer, convenient and adequate 42 to serve the needs of consumers in all areas of the state on an ongoing 43 basis. 44 4. A producer or representative organization shall maintain records 45 demonstrating compliance with the provisions of this title and make them 46 available for audit and inspection by the department for a period of 47 three years. The department shall make such records available to the 48 public upon request in accordance with the provisions of the state free- 49 dom of information law and the regulations promulgated thereunder. 50 Record holders shall submit the records required to comply with the 51 request within sixty working days of written notification by the depart- 52 ment of receipt of the request. 53 5. A producer or representative organization shall be responsible for 54 all costs associated with the implementation of the carpet collection 55 program, including but not limited to the cost of collection. A produc- 56 er, producers or representative organization shall pay costs incurred byS. 834 4 1 the [state] department in the administration and enforcement of this 2 title. Exclusive of fines and penalties, the [state] department shall 3 only [recover] be reimbursed its actual cost of administration and 4 enforcement. 5 6. Any person who becomes a producer on or after December thirty- 6 first, two thousand [twenty-three] twenty-five shall submit a plan to 7 the department, or notify the department that it has joined an existing 8 plan, prior to selling or offering for sale in the state any carpet, and 9 shall comply with the requirements of this title. 10 7. On or before July first, two thousand [twenty-five] twenty-seven, 11 and annually thereafter, a producer or representative organization shall 12 submit a report to the department that includes, for the previous 13 program year, a description of the program, including, but not limited 14 to, the following: 15 (a) a detailed description of the methods used to collect, transport, 16 and process carpet in the state, including detailing collection methods 17 made available to consumers and an evaluation of the program's 18 collection convenience; 19 (b) identification of all collection sites in the state; 20 (c) the weight of all of the producer's carpet collected in the state 21 by method of disposition, including reuse, recycling and other methods 22 of processing or disposal; 23 (d) an evaluation of whether the performance goals and recycling rates 24 have been achieved; 25 (e) the total cost of implementing the program; 26 (f) samples of all educational materials provided to consumers and a 27 detailed list of efforts undertaken and an evaluation of the methods 28 used to disseminate such materials including recommendations, if any, 29 for how the educational component of the program can be improved; and 30 (g) any other information required by the department. 31 8. On or before January first of each program year following implemen- 32 tation of the plan pursuant to section 27-3303 of this title, each 33 producer, group of producers or representative organization shall submit 34 a report to the department that assesses compliance with performance 35 goals and describes any modifications necessary to achieve such goals. 36 § 4. Section 27-3307 of the environmental conservation law, as added 37 by a chapter of the laws of 2022 amending the environmental conservation 38 law relating to establishing a carpet collection program, as proposed in 39 legislative bills numbers S. 5027-C and A. 9279-A, is amended to read as 40 follows: 41 § 27-3307. Retailer requirements. 42 1. Beginning July first, two thousand [twenty-four] twenty-six, no 43 retailer may sell or offer for sale carpet in the state unless the 44 producer of such carpet is participating in a carpet collection program. 45 A retailer shall be in compliance with this section if, on the date the 46 carpet was offered for sale, the producer is listed on the department's 47 website as implementing or participating in an approved program or if 48 the carpet brand is listed on the department's website as being included 49 in the program. 50 2. Any retailer may participate, on a voluntary basis, as a designated 51 collection site pursuant to a carpet collection program and in accord- 52 ance with all applicable laws and regulations. 53 § 5. Subdivisions 2 and 5 of section 27-3309 of the environmental 54 conservation law, as added by a chapter of the laws of 2022 amending the 55 environmental conservation law relating to establishing a carpetS. 834 5 1 collection program, as proposed in legislative bills numbers S. 5027-C 2 and A. 9279-A, are amended to read as follows: 3 2. Beginning July first, two thousand [twenty-four] twenty-six, the 4 department shall post on its website the location of all collection 5 sites identified to the department by the producer in its plans and 6 annual reports. 7 5. The department shall submit a report regarding the implementation 8 of this title in this state to the governor and legislature by April 9 first, two thousand [twenty-five] twenty-seven and every two years ther- 10 eafter. The report shall include, at a minimum, an evaluation of: 11 (a) the stream of carpet in the state; 12 (b) disposal, recycling and reuse rates in the state for carpet; 13 (c) a discussion of compliance and enforcement related to the require- 14 ments of this title; and 15 (d) recommendations for any changes to this title. 16 § 6. Subdivision 5 of section 27-3311 of the environmental conserva- 17 tion law, as added by a chapter of the laws of 2022 amending the envi- 18 ronmental conservation law relating to establishing a carpet collection 19 program, as proposed in legislative bills numbers S. 5027-C and A. 20 9279-A, is amended to read as follows: 21 5. The board shall meet at least [quarterly] biannually by call of the 22 chair. 23 § 7. Section 27-3313 of the environmental conservation law, as added 24 by a chapter of the laws of 2022 amending the environmental conservation 25 law relating to establishing a carpet collection program, as proposed in 26 legislative bills numbers S. 5027-C and A. 9279-A, is amended to read as 27 follows: 28 § 27-3313. Labeling and design requirements. 29 1. On and after one year after the plan is approved by the department 30 pursuant to section 27-3309 of this title, carpet sold or offered for 31 sale in the state shall be accompanied by the following identifying 32 information: 33 (a) Name of the producer and contact information; and 34 (b) Carpet material, composition, and type of construction. 35 2. On and after December thirty-first, two thousand [twenty-four] 36 twenty-six, no carpet sold or offered for sale in the state shall 37 contain or be treated with PFAS substances for any purpose. 38 § 8. Section 27-3317 of the environmental conservation law, as added 39 by a chapter of the laws of 2022 amending the environmental conservation 40 law relating to establishing a carpet collection program, as proposed in 41 legislative bills numbers S. 5027-C and A. 9279-A, is amended to read as 42 follows: 43 § 27-3317. Penalties. 44 Any producer, representative organization, or retailer who violates 45 any provision of or fails to perform any duty imposed pursuant to this 46 title shall be liable for a civil penalty not to exceed five hundred 47 dollars for each violation and an additional penalty of not more than 48 five hundred dollars for each day during which such violation continues. 49 Civil penalties shall be assessed by the department after a hearing or 50 opportunity to be heard pursuant to the provisions of section 71-1709 of 51 this chapter. 52 § 9. Section 3 of a chapter of the laws of 2022, amending the environ- 53 mental conservation law relating to establishing a carpet collection 54 program, as proposed in legislative bills numbers S. 5027-C and A. 55 9279-A, is amended to read as follows:S. 834 6 1 § 3. This act shall take effect [immediately] two years after it shall 2 have become a law. 3 § 10. This act shall take effect immediately; provided, however, that 4 sections one, two, three, four, five, six, seven and eight of this act 5 shall take effect on the same date and in the same manner as a chapter 6 of the laws of 2022, amending the environmental conservation law relat- 7 ing to establishing a carpet collection program, as proposed in legisla- 8 tive bills numbers S. 5027-C and A. 9279-A, takes effect.
