S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2327
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing a carpet stewardship program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Declaration of legislative intent and findings.  (a) It  is
 the  policy  of the state of New York to promote and support a system of
 sustainable solid waste management that minimizes  waste  and  maximizes
 recycling  and  the  use  of  recyclable  materials,  and to develop new
 markets for recycled products and materials.
   (b) The legislature finds and declares all of the following:
   (i) Carpet waste is heavy and  bulky  and  imposes  significant  solid
 waste  management  cost  on  municipalities  because  it is expensive to
 dispose.  Very little discarded carpet is recycled in the state.
   (ii) The New  York  state  department  of  environmental  conservation
 adopted  on December 27, 2010 a new solid waste management plan entitled
 "Beyond Waste, A Sustainable Materials Management Strategy for New  York
 State",  in  which product stewardship is a centerpiece of the new solid
 waste management plan of the state.
   (iii) Carpet was one of the few products listed by the New York  state
 department of environmental conservation as most suited to a stewardship
 approach based on research and feedback from stakeholders.
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 28 to read as follows:
                                 TITLE 28
                            CARPET STEWARDSHIP
 SECTION 27-2801. SHORT TITLE AND DEFINITIONS.
         27-2803. MANUFACTURER REMOVAL, ACCEPTANCE AND RECYCLING.
         27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02486-01-9
              

 S. 2327                             2
 
         27-2807. WHOLESALER,  RETAILER,  FLOORING  AND  FLOOR   COVERING
                    CONTRACTOR AND CONSUMER REQUIREMENTS.
         27-2809. CARPET STEWARDSHIP PLAN.
         27-2811. DEPARTMENT RESPONSIBILITIES.
         27-2813. ANNUAL REPORTING REQUIREMENTS.
         27-2815. PREEMPTION.
         27-2817. FEES AND PENALTIES.
         27-2819. ENFORCEMENT.
         27-2821. STATE AGENCIES' RESPONSIBILITIES.
         27-2823. MISCELLANEOUS.
 § 27-2801. SHORT TITLE AND DEFINITIONS.
   1.  THIS TITLE MAY BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
 CARPET STEWARDSHIP LAW".
   2. THE DEFINITIONS IN THIS SECTION APPLY THROUGHOUT THIS TITLE  UNLESS
 THE CONTEXT CLEARLY REQUIRES OTHERWISE.
   (A)  "BRAND"  MEANS  A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES THE
 CARPET, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES  THE  CARPET  TO  THE
 OWNER OR LICENSEE OF THE BRAND AS THE MANUFACTURER.
   (B)  "CARPET" MEANS A MANUFACTURED ARTICLE THAT IS USED IN COMMERCIAL,
 INSTITUTIONAL OR RESIDENTIAL BUILDINGS AFFIXED OR PLACED ON THE FLOOR OR
 BUILDING WALKING SURFACE AS A DECORATIVE OR FUNCTIONAL BUILDING INTERIOR
 OR EXTERIOR FEATURE AND THAT IS PRIMARILY CONSTRUCTED OF A  TOP  VISIBLE
 SURFACE OF SYNTHETIC FACE FIBERS OR YARNS OR TUFTS ATTACHED TO A BACKING
 SYSTEM  DERIVED  FROM SYNTHETIC OR NATURAL MATERIALS. "CARPET" INCLUDES,
 BUT IS NOT LIMITED TO, A COMMERCIAL OR A RESIDENTIAL  BROADLOOM  CARPET,
 MODULAR CARPET TILES, AND A PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH
 A  CARPET.   "CARPET" DOES NOT INCLUDE RUGS, DEFINED AS A FLOOR COVERING
 THAT DOES NOT EXTEND OVER THE ENTIRE FLOOR AND IS AREA SPECIFIC; MOVABLE
 FLOOR COVERING; OR MATS, DEFINED AS A PIECE OF FABRIC MADE OF PLAITED OR
 WOVEN RUSHES, STRAW, HEMP, OR SIMILAR FIBER, OR  OF  SOME  OTHER  PLIANT
 MATERIAL,  USED  AS  A  MOVABLE  PROTECTIVE COVERING ON A FLOOR OR OTHER
 SURFACE.
   (C) "CARPET STEWARDSHIP" MEANS THAT ALL PARTIES INVOLVED IN DESIGNING,
 MANUFACTURING, SELLING, INSTALLING AND USING CARPET TAKE  RESPONSIBILITY
 FOR  MANAGING  AND  REDUCING  THE LIFE-CYCLE IMPACTS OF THE CARPET, FROM
 PRODUCT DESIGN TO END-OF-LIFE MANAGEMENT.  LIFE-CYCLE  IMPACTS  INCLUDE,
 BUT  ARE NOT LIMITED TO, ENERGY AND MATERIALS CONSUMPTION, AIR AND WATER
 EMISSIONS, THE AMOUNT OF HAZARDOUS SUBSTANCES IN THE PRODUCT, WORKER AND
 CONSUMER EXPOSURE AND REUSE, RECYCLING AND WASTE DISPOSAL.
   (D) "CARPET STEWARDSHIP ORGANIZATION" MEANS A PERSON APPOINTED BY  ONE
 OR  MORE  MANUFACTURERS  TO ACT ON BEHALF OF THE MANUFACTURER TO DESIGN,
 SUBMIT, AND ADMINISTER A CARPET STEWARDSHIP PLAN UNDER THIS TITLE.
   (E) "CARPET STEWARDSHIP PLAN" MEANS A PLAN WRITTEN  BY  AN  INDIVIDUAL
 MANUFACTURER  OR  A CARPET STEWARDSHIP ORGANIZATION, ON BEHALF OF ONE OR
 MORE MANUFACTURERS, WHICH DESCRIBES  THE  MANNER  IN  WHICH  THE  CARPET
 STEWARDSHIP  PROGRAM  WILL  BE IMPLEMENTED IN THE STATE THROUGH METHODS,
 PROCESSES, TECHNIQUES, SYSTEMS, AND SERVICES FINANCED  AND  PROVIDED  BY
 MANUFACTURERS  OF  CARPET. THE CARPET STEWARDSHIP PLAN SHALL INCLUDE ALL
 OF THE INFORMATION REQUIRED BY SECTION 27-2809 OF THIS TITLE.
   (F) "CONSUMER" MEANS ANY PERSON WHO PURCHASES, OWNS, OR LEASES  CARPET
 FOR USE.
   (G)  "DISCARDED  CARPET"  MEANS  CARPET THAT IS NO LONGER USED FOR ITS
 MANUFACTURED PURPOSE, OR IS NO LONGER WANTED BY A CONSUMER. HOWEVER, THE
 TERM DOES NOT INCLUDE CARPET SCRAP GENERATED DURING CARPET PRODUCTION.
   (H) "FLOORING AND FLOOR COVERING" MEANS  MATERIAL  USED  TO  MAKE  THE
 SURFACE  OF  A  FLOOR ABOVE THE SUB-FLOOR INCLUDING, BUT NOT LIMITED TO,

 S. 2327                             3
 
 CARPET, LINOLEUM, VINYL, OR RUBBER ROLLS AND TILE; NATURAL AND SYNTHETIC
 STONE TILES; OR PLANKS, SECTIONS, OR SQUARES CUT OR ASSEMBLED FROM WOOD,
 BARK, OR OTHER PLANT OR SYNTHETIC MATERIALS.
   (I) "FLOORING AND FLOOR COVERING CONTRACTOR" MEANS ANY PERSON OR ENTI-
 TY  WHICH OPERATES A BUSINESS THAT INSTALLS, REPLACES, OR REMOVES FLOOR-
 ING OR FLOOR COVERING, OR THAT UNDERTAKES, OFFERS TO UNDERTAKE OR AGREES
 TO INSTALL, REPLACE, OR REMOVE FLOORING OR FLOOR COVERING FOR A FEE; AND
 FOR WHICH THE TOTAL COST OF ALL OF HIS OR HER FLOORING OR FLOOR COVERING
 CONTRACTS WITH ALL ITS  CUSTOMERS  EXCEEDS  ONE  THOUSAND  FIVE  HUNDRED
 DOLLARS  DURING ANY PERIOD OF TWELVE CONSECUTIVE MONTHS. SUCH TERM SHALL
 NOT INCLUDE A PERSON, FIRM, LANDLORD, COOPERATIVE CORPORATION, CONDOMIN-
 IUM BOARD OF MANAGERS, JOINT TENANT OR CO-TENANT THAT OWNS, IN WHOLE  OR
 IN PART, THE REAL PROPERTY TO BE IMPROVED.
   (J)  "MANUFACTURER"  MEANS: (1) THE PERSON WHO MANUFACTURES AND SELLS,
 OFFERS FOR SALE, OR DISTRIBUTES THE  CARPET  IN  THE  STATE  UNDER  THAT
 PERSON'S  OWN  NAME OR BRAND; (2) IF THERE IS NO PERSON WHO MANUFACTURES
 AND SELLS, OFFERS FOR SALE, OR DISTRIBUTES THE CARPET IN THE STATE UNDER
 THE PERSON'S OWN NAME OR BRAND, THE MANUFACTURER IS THE OWNER OR  LICEN-
 SEE  OF  A TRADEMARK OR BRAND UNDER WHICH THE CARPET IS SOLD OR DISTRIB-
 UTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED;  AND  (3)
 IF THERE IS NO PERSON WHO IS A MANUFACTURER OF THE CARPET UNDER SUBPARA-
 GRAPH  ONE  OR TWO OF THIS PARAGRAPH, THE MANUFACTURER OF THAT CARPET IS
 THE PERSON WHO IMPORTS THE CARPET INTO THE STATE FOR  SALE  OR  DISTRIB-
 UTION.
   (K) "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE.
   (L)  "PERSON"  MEANS  ANY  INDIVIDUAL,  BUSINESS  ENTITY, PARTNERSHIP,
 COMPANY, CORPORATION, LIMITED LIABILITY  COMPANY,  NON-PROFIT  ORGANIZA-
 TION,  ASSOCIATION,  GOVERNMENTAL ENTITY, EDUCATIONAL OR CULTURAL INSTI-
 TUTIONS, PUBLIC BENEFIT CORPORATION, OR ANY OTHER GROUP OF  INDIVIDUALS,
 OR ANY OFFICER OR EMPLOYEE OR AGENT THEREOF.
   (M)  "RECYCLING"  MEANS  THE  TRANSFORMING  OR  REMANUFACTURING  OF  A
 DISCARDED CARPET OR THE DISCARDED CARPET'S COMPONENTS  AND  BY-PRODUCTS,
 OR  CARPET  SCRAPS  GENERATED  DURING  CARPET PRODUCTION, INTO USABLE OR
 MARKETABLE MATERIALS WHICH SHALL BE RESPECTFUL OF  THE  ENVIRONMENT  AND
 PUBLIC HEALTH.  "RECYCLING" DOES NOT INCLUDE LANDFILL DISPOSAL, INCINER-
 ATION  OR  ENERGY  RECOVERY  OR ENERGY GENERATION BY MEANS OF COMBUSTING
 DISCARDED CARPETS.
   (N) "REASONABLE CONDITION" MEANS FIFTY PERCENT OR LESS OF A CARPET HAS
 DAMAGE DUE TO FIRE, FLOOD, SMOKE, OR MOLD.
   (O) "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE  CARPET  IN
 THIS STATE TO A CONSUMER.
   (P)  "REUSE" MEANS A CHANGE IN OWNERSHIP OF A CARPET OR COMPONENT IN A
 CARPET FOR USE  IN  THE  SAME  MANNER  AND  PURPOSE  FOR  WHICH  IT  WAS
 ORIGINALLY PRODUCED.
   (Q)  "SELL" OR "SALES" MEANS A TRANSFER OF TITLE OF CARPET FOR CONSID-
 ERATION, INCLUDING A REMOTE SALE CONDUCTED THROUGH A SALES OUTLET, CATA-
 LOG, INTERNET WEB SITE, OR SIMILAR ELECTRONIC  MEANS.  FOR  PURPOSES  OF
 THIS TITLE, "SELL" OR "SALES" INCLUDES A LEASE THROUGH WHICH A CARPET IS
 PROVIDED TO A CONSUMER BY A MANUFACTURER, WHOLESALER, OR RETAILER.
   (R) "WHOLESALER" MEANS EVERY PERSON WHO SELLS OR DISTRIBUTES CARPET IN
 THE  STATE  IN A SALE THAT IS NOT A RETAIL SALE, AND IN WHICH THE CARPET
 IS INTENDED TO BE RESOLD.
 § 27-2803. MANUFACTURER REMOVAL, ACCEPTANCE AND RECYCLING.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY, A MANUFACTURER OF CARPET
 OR A CARPET STEWARDSHIP ORGANIZATION WORKING ON BEHALF OF SUCH  MANUFAC-
 TURER SHALL REMOVE, ACCEPT, TRANSPORT AND RECYCLE OR REUSE ANY DISCARDED

 S. 2327                             4
 
 CARPET INCLUDING DISCARDED CARPET REMOVED AND ACCEPTED FROM CONSUMERS OR
 THROUGH WHOLESALERS, RETAILERS, AND FLOORING AND FLOOR COVERING CONTRAC-
 TORS PURSUANT TO THIS TITLE.
   2. THE REMOVAL AND ACCEPTANCE OF DISCARDED CARPET SHALL BE DONE PRIMA-
 RILY,  BUT  NOT  EXCLUSIVELY,  THROUGH  THE  MANUFACTURER'S WHOLESALERS,
 RETAILERS AND ANY FLOORING AND FLOOR COVERING CONTRACTORS.
   3. THE MANUFACTURER, AT THE MANUFACTURER'S COST, SHALL  MAKE  ARRANGE-
 MENTS WITH ITS WHOLESALERS, RETAILERS, AND ANY FLOORING AND FLOOR COVER-
 ING  CONTRACTORS  FOR  THE REMOVAL, ACCEPTANCE, TRANSPORT, RECYCLING AND
 REUSE OF DISCARDED CARPET ACCEPTED PURSUANT TO THE  PROVISIONS  OF  THIS
 TITLE  AND  SHALL  PROVIDE FOR A LOCATION FOR SUCH WHOLESALER, RETAILER,
 AND FLOORING AND FLOOR COVERING CONTRACTOR  TO  SEND  REMOVED  DISCARDED
 CARPET.    SUCH  ARRANGEMENTS  MAY  INCLUDE,  BUT  ARE  NOT  LIMITED TO,
 CONTRACTS OR OTHER AGREEMENTS  WITH  THIRD  PARTIES  SUCH  AS  RECYCLING
 FACILITIES.  IN  ORDER  TO  FACILITATE CARPET RECYCLING, THE REMOVAL AND
 ACCEPTANCE PROCESS SHALL REQUIRE SOURCE SEPARATION AND ENSURE THE CARPET
 IS IN A CONDITION ALLOWING ITS RECYCLING  OR  REUSE.  THE  MANUFACTURER,
 WHOLESALER,  RETAILER, AND FLOORING AND FLOOR COVERING CONTRACTORS SHALL
 NOT REFUSE TO REMOVE OR ACCEPT ANY CARPET IN REASONABLE CONDITION.
   4. BEGINNING IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE, THE MANUFACTUR-
 ER SHALL COMPLY WITH THE RECYCLING AND REUSE GOALS  ESTABLISHED  IN  ITS
 CARPET  STEWARDSHIP  PLAN REQUIRED BY SECTION 27-2809 OF THIS TITLE. THE
 RECYCLING AND REUSE GOAL FOR A GIVEN  YEAR  ESTABLISHED  IN  THE  CARPET
 STEWARDSHIP  PLAN  SHALL  AT  A  MINIMUM BE EQUAL TO THE TOTAL WEIGHT OF
 CARPET SOLD BY A MANUFACTURER IN THE STATE DURING SUCH  YEAR  MULTIPLIED
 BY  THE  STATEWIDE  RECYCLING  AND  REUSE PERCENTAGE RATE ESTABLISHED IN
 SUBDIVISION FIVE OF THIS SECTION.
   5. THE STATEWIDE RECYCLING AND  REUSE  PERCENTAGE  RATE  SHALL  BE  AS
 FOLLOWS:
   (A)  FOR CALENDAR YEARS TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWEN-
 TY-TWO:  TWENTY-FIVE PERCENT.
   (B) FOR CALENDAR YEARS TWO  THOUSAND  TWENTY-THREE  AND  TWO  THOUSAND
 TWENTY-FOUR:  FORTY PERCENT.
   (C) FOR CALENDAR YEARS TWO THOUSAND TWENTY-FIVE AND TWO THOUSAND TWEN-
 TY-SIX:  SIXTY PERCENT.
   (D)  FOR  CALENDAR  YEARS  TWO  THOUSAND TWENTY-SEVEN AND TWO THOUSAND
 TWENTY-EIGHT: SEVENTY-FIVE PERCENT.
   (E) FOR CALENDAR YEAR TWO THOUSAND TWENTY-NINE AND  THEREAFTER:  NINE-
 TY-FIVE PERCENT OR MORE.
   THE  TOTAL  WEIGHT  OF  CARPET  RECYCLED OR REUSED BY THE MANUFACTURER
 INCLUDES CARPET OF ANY BRAND ACCEPTED BY THE MANUFACTURER FOR  RECYCLING
 OR REUSE, AND IS NOT LIMITED TO THE MANUFACTURER'S BRAND.
   6.  A MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION ON BEHALF OF
 THE MANUFACTURER MAY PETITION THE DEPARTMENT FOR AN  ADJUSTMENT  TO  THE
 STATEWIDE  RECYCLING AND REUSE PERCENTAGE RATE. THE DEPARTMENT MAY GRANT
 AN ADJUSTMENT TO THE STATEWIDE RECYCLING AND REUSE PERCENTAGE  RATE  FOR
 THE  MANUFACTURER ONLY IF THE DEPARTMENT DETERMINES THERE ARE DOCUMENTED
 EXIGENT CIRCUMSTANCES THAT ARE BEYOND THE CONTROL OF THE MANUFACTURER.
   7. BEGINNING IN THE CALENDAR YEAR TWO THOUSAND TWENTY-ONE, A  MANUFAC-
 TURER  WHO  DOES  NOT  COMPLY  WITH  ITS ANNUAL RECYCLING AND REUSE GOAL
 ESTABLISHED IN ITS CARPET STEWARDSHIP PLAN IN ANY YEAR SHALL PAY A RECY-
 CLING SURCHARGE EQUAL TO THE AVERAGE COST OF RECYCLING THE TOTAL  WEIGHT
 OF  ADDITIONAL  CARPET  THAT THE MANUFACTURER WAS REQUIRED TO RECYCLE OR
 REUSE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. THE AVERAGE COST  OF
 RECYCLING SHALL BE FIFTEEN CENTS PER POUND; PROVIDED THAT THE DEPARTMENT
 MAY  REVISE  THE  AVERAGE COST OF RECYCLING FROM TIME TO TIME ON ITS OWN

 S. 2327                             5
 
 INITIATIVE OR UPON A PETITION BY A MANUFACTURER OR A CARPET  STEWARDSHIP
 ORGANIZATION.  THE RECYCLING SURCHARGE FOR ANY YEAR SHALL BE PAID AT THE
 TIME OF SUBMISSION OF THE ANNUAL  REPORT  FOR  THAT  CALENDAR  YEAR,  AS
 REQUIRED IN SECTION 27-2813 OF THIS TITLE.
   8.    BEGINNING  IN  THE  CALENDAR  YEAR TWO THOUSAND TWENTY-TWO, IF A
 MANUFACTURER'S RATE OF RECYCLING AND REUSE OF CARPETS EXCEEDS  THE  GOAL
 PROVIDED  IN  PARAGRAPH  (E)  OF  SUBDIVISION  FIVE OF THIS SECTION, THE
 EXCESS MAY BE USED AS RECYCLED CARPET CREDITS AND MAY BE  SOLD,  TRADED,
 OR  BANKED  FOR  A PERIOD NO LONGER THAN THREE CALENDAR YEARS SUCCEEDING
 THE YEAR IN WHICH THE CREDITS WERE EARNED; PROVIDED,  HOWEVER,  THAT  NO
 MORE THAN TWENTY PERCENT OF A MANUFACTURER'S OBLIGATION FOR ANY CALENDAR
 YEAR MAY BE MET WITH RECYCLED CARPET CREDITS GENERATED IN A PRIOR CALEN-
 DAR YEAR OR PURCHASED.
 § 27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.
   1.  BY  APRIL FIRST, TWO THOUSAND TWENTY, PRIOR TO SELLING OR OFFERING
 FOR SALE IN THE STATE ANY CARPET, A MANUFACTURER SHALL, EITHER  DIRECTLY
 OR  THROUGH  A  CARPET  STEWARDSHIP  ORGANIZATION: (A) REGISTER WITH THE
 DEPARTMENT  USING  THE  CARPET  STEWARDSHIP  PROGRAM  REGISTRATION  FORM
 PRESCRIBED  BY  THE DEPARTMENT AND AVAILABLE ON THE DEPARTMENT'S WEBSITE
 AND PAY A REGISTRATION FEE AS ESTABLISHED BY THE DEPARTMENT PURSUANT  TO
 SECTION  27-2817 OF THIS TITLE; AND (B) SUBMIT A CARPET STEWARDSHIP PLAN
 TO THE DEPARTMENT.
   2. AT A MINIMUM, THE MANUFACTURER SHALL LIST ON THE CARPET STEWARDSHIP
 PROGRAM REGISTRATION FORM ITS WHOLESALERS AND RETAILERS AS WELL  AS  THE
 GROSS AMOUNT OF CARPET (IN TONS AND US DOLLARS) SOLD IN THE STATE DURING
 THE PREVIOUS THREE CALENDAR YEARS.
   3.  A  MANUFACTURER'S  REGISTRATION  IS  EFFECTIVE UPON FULFILLING THE
 REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   4.  A MANUFACTURER SHALL UPDATE ITS REGISTRATION WITHIN THIRTY DAYS OF
 ANY MATERIAL CHANGE TO THE INFORMATION REQUIRED IN THE  CARPET  STEWARD-
 SHIP PROGRAM REGISTRATION FORM OR THE CARPET STEWARDSHIP PLAN.
   5.  THE  MANUFACTURER SHALL POST ON ITS WEBSITE THE CARPET STEWARDSHIP
 PLAN SUBMITTED TO THE DEPARTMENT AND THE DATE  OF  REGISTRATION  OF  THE
 MANUFACTURER WITH THE DEPARTMENT.
   6.  THE  MANUFACTURER SHALL DEVELOP EDUCATIONAL MATERIALS TO ENCOURAGE
 THE REMOVAL AND ACCEPTANCE, RECYCLING AND REUSE OF DISCARDED CARPET  AND
 SHALL MAKE THOSE MATERIALS AVAILABLE TO WHOLESALERS, RETAILERS, FLOORING
 AND FLOOR COVERING CONTRACTORS AND CONSUMERS. SUCH EDUCATIONAL MATERIALS
 SHALL  INCLUDE  STATEWIDE  INFORMATION CAMPAIGNS REGARDING THE MANDATORY
 REMOVAL, ACCEPTANCE, TRANSPORT  AND  RECYCLING  OR  REUSE  OF  DISCARDED
 CARPET  IN THE STATE. THE CONTENT OF SUCH CAMPAIGNS SHALL BE COORDINATED
 WITH THE DEPARTMENT, THE ENVIRONMENTAL SERVICES  UNIT  OF  EMPIRE  STATE
 DEVELOPMENT,  THE  CARPET STEWARDSHIP ORGANIZATION AND OTHER MANUFACTUR-
 ERS.
   7.  BEGINNING WITH CALENDAR YEAR TWO THOUSAND TWENTY-THREE, AND  EVERY
 THREE  YEARS THEREAFTER, A MANUFACTURER OR THE CARPET STEWARDSHIP ORGAN-
 IZATION ON BEHALF OF THE MANUFACTURER  SHALL  RETAIN  A  THIRD-PARTY  TO
 AUDIT  THE  MANUFACTURER'S  RECYCLING  AND  REUSE PROGRAM TO DEMONSTRATE
 COMPLIANCE WITH THE PROVISIONS OF THIS  TITLE.  A  MANUFACTURER  OR  THE
 CARPET  STEWARDSHIP  ORGANIZATION  ON  BEHALF  OF THE MANUFACTURER SHALL
 MAINTAIN THE RESULT OF THIS AUDIT FOR A PERIOD OF THREE  YEARS.  RESULTS
 OF THIS AUDIT SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
 § 27-2807. WHOLESALER,  RETAILER, FLOORING AND FLOOR COVERING CONTRACTOR
              AND CONSUMER REQUIREMENTS.
   1. A WHOLESALER, RETAILER OR FLOORING AND  FLOOR  COVERING  CONTRACTOR
 SHALL  NOT  DISTRIBUTE, SELL OR INSTALL CARPET OF A MANUFACTURER (A) WHO

 S. 2327                             6
 
 IS NOT REGISTERED WITH THE DEPARTMENT, OR (B)  IS  REGISTERED  WITH  THE
 DEPARTMENT  BUT  IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS TITLE.
 IN THE EVENT THE REGISTRATION OF THE MANUFACTURER  WAS  REVOKED  BY  THE
 DEPARTMENT  OR  WITHDRAWN BY THE MANUFACTURER, A WHOLESALER, RETAILER OR
 FLOORING AND FLOOR COVERING CONTRACTOR MAY CONTINUE TO DISTRIBUTE,  SELL
 OR  INSTALL  THE CARPET OF SUCH MANUFACTURER FOR A PERIOD OF ONE HUNDRED
 EIGHTY DAYS FROM THE DATE THE REGISTRATION WAS REVOKED OR WITHDRAWN.
   2. AT THE POINT OF SALE OF CARPET,  A  WHOLESALER  OR  RETAILER  SHALL
 PROVIDE  CONSUMERS WITH INFORMATION ABOUT REMOVAL, ACCEPTANCE, TRANSPORT
 AND RECYCLING AND REUSE OF DISCARDED CARPET.
   3. A WHOLESALER OR RETAILER SHALL PROMPTLY AND SAFELY  REMOVE,  ACCEPT
 AND  TRANSPORT, OR ARRANGE FOR REMOVAL, ACCEPTANCE AND TRANSPORTATION OF
 DISCARDED CARPET UPON SUBMISSION OF A WRITTEN REQUEST BY A  CONSUMER  IN
 PERSON OR BY MAIL, EMAIL, OR ONLINE FORM.
   (A)  THE  REQUIREMENTS  OF THIS SUBDIVISION SHALL APPLY WHETHER OR NOT
 THE CONSUMER PURCHASED CARPET FROM SUCH WHOLESALER OR RETAILER.
   (B) A MANUFACTURER, WHOLESALER OR RETAILER SHALL MAKE AVAILABLE AT THE
 POINT OF SALE OR ONLINE A FORM FOR USE BY A CONSUMER TO  SUBMIT  SUCH  A
 WRITTEN  REQUEST.  SUCH  FORM SHALL CONTAIN THE NAME, ADDRESS, TELEPHONE
 NUMBER AND EMAIL ADDRESS OF THE CONSUMER AND THE  FOLLOWING  INFORMATION
 ABOUT  THE  CARPET:  APPROXIMATE  SIZE,  CONDITION  AND LOCATION, AND IF
 KNOWN, COMPONENTS, MATERIALS AND BRAND.
   (C) REMOVAL OR CAUSING REMOVAL OF DISCARDED CARPET  PURSUANT  TO  THIS
 SUBDIVISION  SHALL  INCLUDE  PULLING  UP  THE CARPET, WHETHER OR NOT THE
 CARPET IS REPLACED.
   (D) UPON REMOVAL OF THE DISCARDED CARPET FROM ITS LOCATION,  A  WHOLE-
 SALER  OR  RETAILER  SHALL,  AS  SOON AS PRACTICABLE, SEND THE DISCARDED
 CARPET TO THE LOCATION PROVIDED BY THE  MANUFACTURER.  THE  MANUFACTURER
 SHALL  BE  RESPONSIBLE FOR THE COST OF TRANSPORTING THE DISCARDED CARPET
 FROM ITS REMOVAL LOCATION TO THE LOCATION PROVIDED BY THE MANUFACTURER.
   4. A FLOORING AND FLOOR COVERING CONTRACTOR  SHALL  PROVIDE  CONSUMERS
 WHO CONTRACT WITH SUCH FLOORING AND FLOOR COVERING CONTRACTOR TO INSTALL
 OR  REPLACE  FLOORING  OR FLOOR COVERING WITH INFORMATION ABOUT REMOVAL,
 ACCEPTANCE, TRANSPORT, RECYCLING AND REUSE OF DISCARDED CARPET,  INCLUD-
 ING  A FORM FOR SUBMITTING A WRITTEN REQUEST TO REMOVE DISCARDED CARPET.
 SUCH FORM SHALL CONTAIN THE NAME, ADDRESS, TELEPHONE  NUMBER  AND  EMAIL
 ADDRESS  OF THE CONSUMER AND THE FOLLOWING INFORMATION ABOUT THE CARPET:
 APPROXIMATE SIZE, CONDITION AND  LOCATION,  AND  IF  KNOWN,  COMPONENTS,
 MATERIALS AND BRAND.
   5.  UPON  RECEIPT  OF  A WRITTEN REQUEST FROM A CONSUMER WHO CONTRACTS
 WITH A FLOORING AND FLOOR COVERING  CONTRACTOR  TO  INSTALL  OR  REPLACE
 FLOORING OR FLOOR COVERING, OR A RETAILER, A WHOLESALER OR A MANUFACTUR-
 ER  WHO  RETAINS  A  FLOORING  AND  FLOOR COVERING CONTRACTOR, TO REMOVE
 DISCARDED CARPET, SUCH FLOORING  AND  FLOOR  COVERING  CONTRACTOR  SHALL
 PROMPTLY  AND SAFELY REMOVE OR CAUSE TO BE REMOVED THE DISCARDED CARPET.
 THE MANUFACTURER SHALL BE RESPONSIBLE  FOR  THE  COST  OF  REMOVING  THE
 DISCARDED CARPET.
   6.  EVERY  FLOORING  AND  FLOOR  COVERING  CONTRACTOR  WHO INSTALLS OR
 REPLACES FLOORING OR FLOOR COVERING FOR A CONSUMER SHALL REMOVE, ACCEPT,
 AND TRANSPORT SUCH DISCARDED CARPET FROM THE PREMISES OF  SUCH  CONSUMER
 NO  LATER  THAN  THE  TIME  THE CONTRACTED WORK IS COMPLETED. REMOVAL OR
 CAUSING REMOVAL OF DISCARDED CARPET PURSUANT TO THIS  SUBDIVISION  SHALL
 INCLUDE  PULLING  UP  THE CARPET, WHETHER OR NOT THE CARPET IS REPLACED.
 UPON REMOVAL OF THE DISCARDED CARPET FROM ITS LOCATION, A  FLOORING  AND
 FLOOR  COVERING  CONTRACTOR  SHALL,  AS  SOON  AS  PRACTICABLE, SEND THE
 DISCARDED CARPET TO THE LOCATION PROVIDED BY THE MANUFACTURER  OR  TO  A

 S. 2327                             7
 
 WHOLESALER  OR RETAILER TO SEND TO THE LOCATION PROVIDED BY THE MANUFAC-
 TURER. THE MANUFACTURER SHALL BE RESPONSIBLE FOR THE COST OF  TRANSPORT-
 ING  THE  DISCARDED  CARPET  FROM  ITS  REMOVAL LOCATION TO THE LOCATION
 PROVIDED BY THE MANUFACTURER.
   7.  A  FLOORING AND FLOOR COVERING CONTRACTOR SHALL NOT BE REQUIRED TO
 REMOVE, ACCEPT, AND TRANSPORT CARPET FROM THE  PREMISES  OF  A  CONSUMER
 WHEN:
   (A)  THE  CONSUMER REQUESTS TO RETAIN CUSTODY OF ALL OR ANY PORTION OF
 THE CARPET, AND THE FLOORING AND FLOOR COVERING CONTRACTOR:
   (I) REMOVES ALL CARPET WHICH THE CUSTOMER DOES  NOT  ELECT  TO  RETAIN
 CUSTODY OF, AND
   (II) INFORMS THE CUSTOMER THAT HE OR SHE IS RESPONSIBLE FOR THE PROPER
 MANAGEMENT  OF THE CARPET IN ACCORDANCE WITH APPLICABLE LAW, AND OBTAINS
 A STATEMENT, SIGNED BY THE  CUSTOMER,  ATTESTING  THAT  HE  OR  SHE  HAS
 ELECTED  TO RETAIN CUSTODY OF THE CARPET, THE APPROXIMATE SQUARE YARDAGE
 OF THE RETAINED CARPET  AND  ACKNOWLEDGING  THAT  HE  OR  SHE  HAS  BEEN
 INFORMED  OF  HIS OR HER RESPONSIBILITY FOR THE PROPER MANAGEMENT OF THE
 CARPET, INCLUDING ANY COSTS ASSOCIATED WITH THE ACCEPTANCE THEREOF BY OR
 ON BEHALF OF THE APPROPRIATE MUNICIPALITY, OR BY A  CONTRACTED  LICENSED
 HAULER; OR
   (B)  THE  CONSUMER  HAS  NOT  CONTRACTED  WITH SUCH FLOORING AND FLOOR
 COVERING CONTRACTOR TO INSTALL OR REPLACE FLOORING OR FLOOR COVERING, OR
 A RETAILER, A WHOLESALER OR A MANUFACTURER HAS NOT CONTRACTED WITH  SUCH
 FLOORING  AND  FLOOR  COVERING  CONTRACTOR  TO INSTALL FLOORING OR FLOOR
 COVERING OR TO REMOVE, ACCEPT, AND TRANSPORT DISCARDED CARPET FROM  SUCH
 CONSUMER.
   8. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, ANY CONSUMER IN
 THE  STATE WHO WISHES TO DISPOSE OF ANY DISCARDED CARPET SHALL CONTACT A
 MANUFACTURER, WHOLESALER, RETAILER, FLOORING AND FLOOR COVERING CONTRAC-
 TOR OR RECYCLING FACILITY TO ORGANIZE  THE  REMOVAL  AND  ACCEPTANCE  OF
 DISCARDED CARPET.
   9.  ON  A  MONTHLY BASIS, A WHOLESALER, RETAILER OR FLOORING AND FLOOR
 COVERING CONTRACTOR SHALL COMMUNICATE IN WRITING TO THE MANUFACTURER THE
 WEIGHT OF DISCARDED CARPET THAT HAS BEEN ACCEPTED  BY  SUCH  WHOLESALER,
 RETAILER  OR  FLOORING  AND  FLOOR  COVERING CONTRACTOR FOR RECYCLING OR
 REUSE.
 § 27-2809. CARPET STEWARDSHIP PLAN.
   1. EACH  CARPET  STEWARDSHIP  PLAN  SHALL  ADDRESS  THE  ENVIRONMENTAL
 IMPACTS  OF  CARPET OVER ITS ENTIRE LIFE CYCLE, INCLUDING CARPET DESIGN,
 MANUFACTURE, AND DISTRIBUTION, AND THE REMOVAL, ACCEPTANCE,  TRANSPORTA-
 TION, REUSE, RECYCLING, AND FINAL DISPOSITION OF DISCARDED CARPET.
   2.  AN  UPDATED  CARPET  STEWARDSHIP  PLAN  SHALL  BE SUBMITTED TO THE
 DEPARTMENT AT LEAST EVERY FIVE YEARS.
   3. THE PLAN  SHALL  INCLUDE,  AT  A  MINIMUM,  ALL  OF  THE  FOLLOWING
 ELEMENTS:
   (A)  IDENTIFICATION AND CONTACT INFORMATION FOR (I) THE PERSON SUBMIT-
 TING THE PLAN; (II) THE MANUFACTURER OR MANUFACTURERS  PARTICIPATING  IN
 THE  CARPET  STEWARDSHIP  PLAN;  AND (III) IF A STEWARDSHIP ORGANIZATION
 IMPLEMENTS THE CARPET STEWARDSHIP PLAN ON BEHALF OF  MANUFACTURERS,  THE
 CARPET  STEWARDSHIP  ORGANIZATION, INCLUDING A DESCRIPTION OF THE CARPET
 STEWARDSHIP ORGANIZATION, ITS  MANAGEMENT  AND  ADMINISTRATION  AND  THE
 TASKS TO BE PERFORMED BY THE CARPET STEWARDSHIP ORGANIZATION;
   (B) A DESCRIPTION OF THE BRANDS OF CARPET COVERED BY THE PLAN;
   (C) A LIST OF THE MANUFACTURER'S WHOLESALERS AND RETAILERS;
   (D)  A  LIST  OF  THE  RECYCLING  FACILITIES  THAT WILL BE USED BY THE
 MANUFACTURER INCLUDING THE  ADDRESSES  AND  TELEPHONE  NUMBERS  OF  SUCH

 S. 2327                             8
 
 FACILITIES,  AND THEIR AVERAGE COSTS OF HANDLING AND RECYCLING DISCARDED
 CARPET;
   (E)  GOALS,  OVER  A  FIVE-YEAR  PERIOD.  THE  GOALS SHALL INCLUDE THE
 FOLLOWING:
   (1) THE CARPET RECYCLING AND REUSE GOALS; AND
   (2) A DESCRIPTION OF CARPET DESIGNING AND MATERIALS CONTENT,  MANUFAC-
 TURING,  PACKAGING,  DISTRIBUTION, AND END-OF-LIFE MANAGEMENT GOALS. THE
 GOALS SHALL ADDRESS THE USE OF VIRGIN MATERIALS IN  THE  MANUFACTURE  OF
 THE  CARPET, THE IMPACT UPON, OR USE OF, WATER OR ENERGY IN THE MANUFAC-
 TURE OF THE CARPET, THE USE OF, OR GENERATION OF  HAZARDOUS  SUBSTANCES,
 IN THE MANUFACTURE OF THE CARPET, THE IMPACT OF THE CARPET ON GREENHOUSE
 GAS  EMISSIONS,  THE  CARPET'S  LONGEVITY,  THE  RECYCLED CONTENT OF THE
 CARPET, AND RECYCLABILITY, WHERE APPLICABLE;
   (F) THE METHODS FOR CALCULATING THE RATE OF  RECYCLING  AND  REUSE  OF
 CARPET AND THE METHODS AND PROCESSES USED TO INCREASE THE ACCEPTANCE AND
 RECYCLING OR REUSE OF DISCARDED CARPET AND THE RECYCLABILITY OF CARPET;
   (G)  THE  STRATEGIES USED TO INCENTIVIZE THE MARKET GROWTH OF RECYCLED
 PRODUCTS MADE FROM DISCARDED CARPET AND TO DEVELOP RECYCLING INFRASTRUC-
 TURE IN THE STATE;
   (H) AN OVERVIEW OF THE ROLES AND RESPONSIBILITIES OF KEY PLAYERS ALONG
 THE DISTRIBUTION CHAIN;
   (I) EDUCATION AND OUTREACH ACTIVITIES TO CONSUMERS, FLOORING AND FLOOR
 COVERING  CONTRACTORS,  WHOLESALERS,  RETAILERS  AND  OTHER   INTERESTED
 PARTIES; AND
   (J)  A  DETAILED  FINANCING MECHANISM TO CARRY OUT THE PLAN, INCLUDING
 BUT NOT LIMITED TO THE ADMINISTRATIVE, OPERATIONAL, AND CAPITAL COSTS OF
 THE PLAN.
 § 27-2811. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL POST ON ITS WEBSITE THE LIST OF  THE  MANUFAC-
 TURERS  WHO  HAVE REGISTERED WITH THE DEPARTMENT TOGETHER WITH A LINK TO
 EACH MANUFACTURER'S WEBSITE AND CARPET STEWARDSHIP PLAN.
   2. THE DEPARTMENT'S WEBSITE SHALL BE UPDATED PERIODICALLY  TO  REFLECT
 WHETHER A MANUFACTURER IS OR IS NOT IN COMPLIANCE WITH THE PROVISIONS OF
 THIS TITLE.  IN THE EVENT THE REGISTRATION OF A MANUFACTURER WAS REVOKED
 BY THE DEPARTMENT OR WITHDRAWN BY THE MANUFACTURER, THE DEPARTMENT SHALL
 SEND  WRITTEN  NOTIFICATION  OF THIS FACT TO ALL WHOLESALERS, RETAILERS,
 AND FLOORING AND FLOOR COVERING CONTRACTORS LISTED IN SAID MANUFACTURERS
 CARPET STEWARDSHIP PLAN WITHIN THIRTY DAYS.
   3. THE DEPARTMENT MAY  CONDUCT  RANDOMLY  SELECTED  AUDITS  TO  VERIFY
 COMPLIANCE BY A MANUFACTURER WITH THE PROVISIONS OF THIS TITLE.
   4.  THE  DEPARTMENT MAY PROVIDE INFORMATION TO MANUFACTURERS REGARDING
 THE AVAILABILITY OF RECYCLING  FACILITIES  AND  COMPANIES  THAT  REMOVE,
 ACCEPT,  TRANSPORT, RECYCLE AND/OR REUSE DISCARDED CARPET, INCLUDING THE
 ADDRESSES AND PHONE NUMBERS OF SUCH FACILITIES.
   5. IN ORDER TO ASSIST IN THE CREATION AND DEVELOPMENT OF CARPET  RECY-
 CLING INFRASTRUCTURE IN THE STATE AS WELL AS IN DEVELOPING MARKET OPPOR-
 TUNITIES  FOR RECYCLED PRODUCTS AND MATERIALS, THE DEPARTMENT, THE ENVI-
 RONMENTAL  SERVICES  UNIT  OF  EMPIRE  STATE  DEVELOPMENT,  AND   CARPET
 STEWARDSHIP  ORGANIZATIONS MAY FORM A CARPET STEWARDSHIP PROGRAM SUPPORT
 UNIT HEADQUARTERED WITHIN THE  ENVIRONMENTAL  SERVICES  UNIT  OF  EMPIRE
 STATE  DEVELOPMENT.  THE  ENVIRONMENTAL  SERVICES  UNIT  OF EMPIRE STATE
 DEVELOPMENT SHALL HAVE  PRIMARY  RESPONSIBILITY  TO  MANAGE  THE  CARPET
 STEWARDSHIP  PROGRAM  SUPPORT  UNIT.  THE ROLE OF THE CARPET STEWARDSHIP
 PROGRAM SUPPORT UNIT SHALL  BE  TO  PROVIDE  ASSISTANCE  AND  COORDINATE
 EFFORTS  TO CREATE IN THE STATE RECYCLING INFRASTRUCTURE AND MARKETS FOR
 RECYCLED PRODUCTS AND MATERIALS.

 S. 2327                             9
 
   6. THE DEPARTMENT, THE CARPET STEWARDSHIP PROGRAM SUPPORT UNIT  WITHIN
 THE  ENVIRONMENTAL  SERVICES  UNIT  OF  EMPIRE STATE DEVELOPMENT, CARPET
 STEWARDSHIP ORGANIZATIONS AND MANUFACTURERS SHALL LAUNCH STATEWIDE COOR-
 DINATED INFORMATION CAMPAIGNS, AT THE MANUFACTURERS' COSTS, USING  VARI-
 OUS  COMMUNICATION  INSTRUMENTS  SUCH AS THE INTERNET, NEWSPAPERS, TELE-
 VISION, RADIO AND MOVIE  THEATERS,  TO  INFORM  AND  EDUCATE  CONSUMERS,
 FLOORING AND FLOOR COVERING CONTRACTORS, RETAILERS AND WHOLESALERS ABOUT
 THE  MANDATORY  REMOVAL, ACCEPTANCE, TRANSPORT AND RECYCLING OR REUSE OF
 DISCARDED CARPET.
   7. ON OR BEFORE JANUARY FIRST, TWO THOUSAND  TWENTY-THREE,  AND  EVERY
 FOUR  YEARS  THEREAFTER,  THE  DEPARTMENT  SHALL  SUBMIT A REPORT TO THE
 GOVERNOR AND THE  LEGISLATURE  DESCRIBING  THE  RESULTS  OF  THE  CARPET
 STEWARDSHIP  PROGRAM AND RECOMMENDING WHETHER TO UNDERTAKE ANY MODIFICA-
 TIONS TO IMPROVE ITS FUNCTIONING AND EFFICIENCY. AT A MINIMUM THE REPORT
 SHALL INCLUDE:
   (A) AN EVALUATION OF THE CARPET WASTE STREAM IN THE STATE;
   (B) RECYCLING AND REUSE RATES IN THE STATE FOR CARPET;
   (C) AN EVALUATION OF COMPLIANCE AND ENFORCEMENT ACTIONS;
   (D) A DISCUSSION OF OPPORTUNITIES  FOR  BUSINESS  DEVELOPMENT  IN  THE
 STATE  RELATED  TO  THE  REMOVAL, ACCEPTANCE, TRANSPORT AND RECYCLING OR
 REUSE OF CARPET IN THE STATE.
   8. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS IT
 DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
 § 27-2813. ANNUAL REPORTING REQUIREMENTS.
   1. THE MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION,  WHICHEVER
 IS  APPLICABLE, SHALL PREPARE AND SUBMIT TO THE DEPARTMENT, BY MAY FIRST
 EACH YEAR AN ANNUAL REPORT DESCRIBING THE  ACTIVITIES  CONDUCTED  DURING
 THE  PRIOR  CALENDAR  YEAR  TO  IMPLEMENT  THE  CARPET STEWARDSHIP PLAN,
 INCLUDING:
   (A) IDENTIFICATION AND CONTACT INFORMATION FOR: (1) THE PERSON SUBMIT-
 TING THE ANNUAL  REPORT;  (2)  THE  MANUFACTURER;  AND  (3)  THE  CARPET
 STEWARDSHIP ORGANIZATION, IF APPLICABLE;
   (B) GOALS ACHIEVED, INCLUDING BUT NOT LIMITED TO: (1) THE QUANTITY AND
 PERCENTAGE  RATE OF CARPET ACCEPTED IN THE STATE FOR RECYCLING AND REUSE
 AND A COMPARISON ANALYSIS WITH THE GOALS OF THE PRIOR YEAR; AND (2)  HOW
 THE  CARPET STEWARDSHIP PLAN ATTAINED THE GOALS ESTABLISHED IN SUCH PLAN
 OR THE GOALS SET BY THE DEPARTMENT AND, IF THE GOALS WERE NOT  ATTAINED,
 WHAT ACTIONS WILL BE TAKEN DURING THE CURRENT REPORTING PERIOD TO ATTAIN
 SUCH GOALS;
   (C)  THE  METHODS  FOR CALCULATING THE QUANTITY AND PERCENTAGE RATE OF
 CARPET ACCEPTED FOR RECYCLING AND REUSE;
   (D) AN EVALUATION OF THE METHODS AND PROCESSES  USED  TO  ACHIEVE  THE
 MANUFACTURER'S OR CARPET STEWARDSHIP ORGANIZATION'S PERFORMANCE GOALS;
   (E)  THE REMOVAL, ACCEPTANCE, HANDLING, TRANSPORTATION, PROCESSING AND
 DISPOSAL SYSTEMS USED;
   (F) THE EDUCATION AND OUTREACH ACTIVITIES PROVIDED DURING THE  REPORT-
 ING PERIOD TO REACH CONSUMERS, COMMERCIAL BUILDING OWNERS, INSTITUTIONS,
 WHOLESALERS,  RETAILERS,  FLOORING  AND  FLOOR  COVERING CONTRACTORS AND
 OTHER INTERESTED PARTIES AND AN EVALUATION OF THE SUCCESS OF SUCH EDUCA-
 TION AND OUTREACH ACTIVITIES;
   (G) STEPS TAKEN TO MANAGE AND REDUCE THE  LIFE-CYCLE  IMPACTS  OF  THE
 CARPET, FROM PRODUCT DESIGN TO END-OF-LIFE MANAGEMENT, INCLUDING HOW THE
 FORMULATION,  PACKAGING AND DISTRIBUTION OF CARPET HAVE BEEN IMPROVED TO
 REDUCE WASTE, REDUCE TOXICITY, REDUCE  CARBON  FOOTPRINT,  REDUCE  OTHER
 ENVIRONMENTAL  IMPACTS,  INCREASE  RECYCLED  CONTENT,  INCREASE  PRODUCT
 LONGEVITY AND MAKE PRODUCTS MORE EASILY RECYCLABLE;

 S. 2327                            10
 
   (H) QUANTITATIVE INFORMATION DATA AND DISCUSSION, SPECIFIC TO SALES IN
 NEW YORK, ON THE FOLLOWING:  (1) THE AMOUNT OF  CARPET  SOLD  BY  SQUARE
 YARDS  AND  POUNDS,  IN  THE  STATE  DURING THE REPORTING PERIOD THAT IS
 COVERED UNDER THE APPROVED STEWARDSHIP PLAN. A STEWARDSHIP  ORGANIZATION
 WITH  MORE  THAN  ONE  MANUFACTURER  MAY USE AVERAGE WEIGHT; AND (2) THE
 AMOUNT  IN  POUNDS  OF  POST-CONSUMER  CARPET  THAT  IS  AVAILABLE   FOR
 COLLECTION;
   (I) THE TOTAL COST OF IMPLEMENTING THE CARPET STEWARDSHIP PLAN;
   (J) RECOMMENDATIONS FOR ANY CHANGES TO THE CARPET STEWARDSHIP PROGRAM;
 AND
   (K) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REASONABLY REQUIRE.
   2.  THE  ANNUAL  REPORT REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION
 SHALL BE SUBMITTED TO THE DEPARTMENT TOGETHER WITH AN ANNUAL ADMINISTRA-
 TIVE PROCESSING FEE AS ESTABLISHED BY THE DEPARTMENT PURSUANT TO SECTION
 27-2817 OF THIS TITLE AND  ANY  SURCHARGE  REQUIRED  TO  BE  PAID  UNDER
 SECTION 27-2803 OF THIS TITLE.
   3.  THE  DEPARTMENT  MAY  REQUIRE ANNUAL REPORTS TO BE FILED ELECTRON-
 ICALLY.
 § 27-2815. PREEMPTION.
   ANY LOCAL LAW OR ORDINANCE WHICH IS INCONSISTENT WITH ANY PROVISION OF
 THIS TITLE OR ANY RULE OR REGULATION  PROMULGATED  THEREUNDER  SHALL  BE
 PREEMPTED.
 § 27-2817. FEES AND PENALTIES.
   1.  NOT LATER THAN JANUARY FIRST OF EACH YEAR, COMMENCING IN TWO THOU-
 SAND TWENTY, THE DEPARTMENT SHALL NOTIFY  EACH  MANUFACTURER  OR  CARPET
 STEWARDSHIP ORGANIZATION OF THE AMOUNT OF THE REGISTRATION AND/OR ANNUAL
 FEE  REQUIRED  TO  BE  SUBMITTED  PURSUANT  TO THIS TITLE. THE FEE SHALL
 REFLECT THE DEPARTMENT'S ACTUAL ANNUAL COSTS TO ADMINISTER  AND  ENFORCE
 THIS TITLE FOR THE PREVIOUS YEAR. FOR PAYMENTS DUE IN TWO THOUSAND TWEN-
 TY,  TWO  THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-TWO, THE FEE SHALL
 ALSO REFLECT THE DEPARTMENT'S ACTUAL ANNUAL COSTS TO DEVELOP REGULATIONS
 AND THE CARPET STEWARDSHIP PROGRAM. THE DEPARTMENT'S COSTS SHALL INCLUDE
 THE COST OF STAFF,  OVERHEAD  EXPENSES  APPLICABLE  TO  STAFF,  CONTRACT
 SERVICES  AND  ANY OTHER EXPENSES INCURRED IN ADMINISTERING OR ENFORCING
 THE PROGRAM AND IN DEVELOPING THESE REGULATIONS AND THE PROGRAM.
   2. ALL FEES COLLECTED PURSUANT TO THIS TITLE SHALL BE  DEPOSITED  INTO
 THE  ENVIRONMENTAL CONSERVATION SPECIAL REVENUE ACCOUNT TO THE CREDIT OF
 THE ENVIRONMENTAL  REGULATORY  ACCOUNT.  ALL  SURCHARGES  AND  PENALTIES
 COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO THE SOLID WASTE
 ACCOUNT  OF  THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED UNDER SECTION
 NINETY-TWO-S OF THE STATE FINANCE LAW. ALL FEES, SURCHARGES  AND  PENAL-
 TIES  COLLECTED  PURSUANT  TO  THIS  TITLE  SHALL BE USED EXCLUSIVELY TO
 IMPLEMENT THE PROVISIONS OF THIS TITLE.
 § 27-2819. ENFORCEMENT.
   1. THE DEPARTMENT SHALL ENFORCE ALL THE PROVISIONS OF THIS TITLE.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 THE  DEPARTMENT  MAY,  UPON  THE REQUEST OF A MUNICIPALITY, DELEGATE THE
 ENFORCEMENT OF THE PROVISIONS OF THIS TITLE TO A MUNICIPALITY. THE MUNI-
 CIPALITY SHALL SUBMIT TO THE DEPARTMENT A REQUEST TO  BE  AUTHORIZED  TO
 ENFORCE  THE PROVISIONS OF THIS TITLE. THE DEPARTMENT SHALL MAKE A DECI-
 SION ON THE REQUEST FILED BY THE MUNICIPALITY WITHIN  THIRTY  DAYS  FROM
 THE DATE OF RECEIPT OF THE MUNICIPALITY'S REQUEST.
   3.  THE  DEPARTMENT MAY TEMPORARILY PREVENT A MANUFACTURER, WHOLESALER
 OR RETAILER WHO IS NOT IN COMPLIANCE WITH THE PROVISIONS OF  THIS  TITLE
 FROM SELLING OR OFFERING TO SELL ANY CARPET IN THE STATE.

 S. 2327                            11
 
   4. ANY MANUFACTURER WHO FAILS TO SUBMIT ANY REPORT, REGISTRATION FORM,
 FEE,  OR  SURCHARGE TO THE DEPARTMENT AS REQUIRED BY THIS TITLE SHALL BE
 LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS  FOR  EACH
 DAY SUCH REPORT, REGISTRATION FORM, FEE, OR SURCHARGE IS NOT SUBMITTED.
   5.  ANY  MANUFACTURER  WHO  VIOLATES ANY OTHER PROVISION OF THIS TITLE
 SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED ONE
 THOUSAND DOLLARS FOR THE FIRST  VIOLATION,  TWO  THOUSAND  FIVE  HUNDRED
 DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
 AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
   6. ANY WHOLESALER, RETAILER, OR FLOORING AND FLOOR COVERING CONTRACTOR
 WHO  VIOLATES  ANY  PROVISION  OF THIS TITLE SHALL BE LIABLE FOR A CIVIL
 PENALTY FOR EACH VIOLATION NOT TO EXCEED TWO HUNDRED FIFTY  DOLLARS  FOR
 THE  FIRST  VIOLATION, FIVE HUNDRED DOLLARS FOR THE SECOND VIOLATION AND
 ONE THOUSAND DOLLARS FOR THE THIRD AND  SUBSEQUENT  VIOLATIONS  OF  THIS
 TITLE IN A TWELVE-MONTH PERIOD.
   7.  ANY  CONSUMER  WHO  VIOLATES  ANY PROVISION OF THIS TITLE SHALL BE
 LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY  DOLLARS  FOR
 EACH VIOLATION.
   8. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE  HEARD  PURSUANT TO THE
 PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, AND, IN ADDITION THERETO,
 SUCH PERSON MAY BY SIMILAR PROCESS  BE  ENJOINED  FROM  CONTINUING  SUCH
 VIOLATION.  IN  THE  EVENT A MUNICIPALITY HAS RECEIVED A DELEGATION FROM
 THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION, CIVIL PENAL-
 TIES SHALL BE ASSESSED BY  THE  DESIGNATED  AUTHORITY  OR  ENVIRONMENTAL
 CONTROL  BOARD OF SUCH MUNICIPALITY AFTER A HEARING OR OPPORTUNITY TO BE
 HEARD. ALL CIVIL PENALTIES COLLECTED FOR ANY VIOLATIONS  OF  THIS  TITLE
 THAT  HAVE BEEN IMPOSED BY A MUNICIPALITY SHALL BE PAID INTO THE GENERAL
 FUND OF SUCH MUNICIPALITY.
   9. ANY CONSUMER WHO WAS DENIED REMOVAL AND ACCEPTANCE OF  HIS  OR  HER
 DISCARDED CARPET BY A MANUFACTURER, A WHOLESALER, A RETAILER OR A FLOOR-
 ING  AND FLOOR COVERING CONTRACTOR MAY REPORT SUCH DENIAL TO THE DEPART-
 MENT OR THE DESIGNATED AUTHORITY WITHIN A MUNICIPALITY WHO HAS  RECEIVED
 A  DELEGATION  FROM  THE  DEPARTMENT PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION.  SUCH CONSUMER SHALL FILE A CLAIM ONLINE WITH THE DEPARTMENT OR
 THE DESIGNATED AUTHORITY WITHIN  A  MUNICIPALITY,  WHO  HAS  RECEIVED  A
 DELEGATION  FROM  THE  DEPARTMENT  PURSUANT  TO  SUBDIVISION TWO OF THIS
 SECTION, INDICATING THE DATE, NAME AND  LOCATION  OF  THE  MANUFACTURER,
 WHOLESALER,  RETAILER  OR  FLOORING  AND  FLOOR  COVERING CONTRACTOR WHO
 REFUSED TO REMOVE AND ACCEPT THE  CONSUMER'S  DISCARDED  CARPET.    UPON
 REVIEW OF THE CLAIM, THE DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN A
 MUNICIPALITY, WHO HAS RECEIVED A DELEGATION FROM THE DEPARTMENT PURSUANT
 TO  SUBDIVISION  TWO OF THIS SECTION, SHALL INVESTIGATE THE CLAIM WITHIN
 NINETY DAYS FROM THE DATE OF RECEIPT OF THE CLAIM.  WITHIN  ONE  HUNDRED
 TWENTY DAYS FROM THE DATE OF RECEIPT OF THE CLAIM, THE DEPARTMENT OR THE
 DESIGNATED  AUTHORITY  WITHIN  A MUNICIPALITY, WHO HAS RECEIVED A DELEG-
 ATION FROM THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF  THIS  SECTION,
 SHALL  DETERMINE  WHETHER  OR NOT AN ADMINISTRATIVE CIVIL PENALTY OF ONE
 THOUSAND DOLLARS SHALL BE ASSESSED  AGAINST  SUCH  MANUFACTURER,  WHOLE-
 SALER,  RETAILER  OR FLOORING AND FLOOR COVERING CONTRACTOR, IN ADDITION
 TO ENFORCING THE REMOVAL AND ACCEPTANCE OF DISCARDED CARPET MANDATED  BY
 THE  PROVISIONS OF THIS TITLE. THE PARTY WITH WHOM THE PERSON FILING THE
 CLAIM LAST INTERACTED SHALL BE THE PRIMARY RESPONSIBLE PARTY  WHO  SHALL
 PAY THE ADMINISTRATIVE CIVIL PENALTY OF ONE THOUSAND DOLLARS.
 § 27-2821. STATE AGENCIES' RESPONSIBILITIES.

 S. 2327                            12
 
   1. STATE AGENCIES SHALL IMPLEMENT CARPET WASTE REDUCTION, REUSE, RECY-
 CLING  AND  PURCHASE RECYCLED CARPETS FROM MANUFACTURERS, WHOLESALERS OR
 RETAILERS WHO COMPLY WITH THE PROVISIONS OF THIS TITLE.  STATE  AGENCIES
 SHALL  USE  FLOORING  AND FLOOR COVERING CONTRACTORS WHO COMPLY WITH THE
 PROVISIONS OF THIS TITLE.
   2.  BEGINNING  JULY  FIRST,  TWO THOUSAND TWENTY, AT LEAST THIRTY-FIVE
 PERCENT OF THE CARPETS PURCHASED BY STATE  AGENCIES  SHALL  BE  RECYCLED
 CARPET  AND COMPLY WITH THE NSF/ANSI 140-2007E STANDARD, PLATINUM LEVEL,
 OR A MORE STRINGENT  STANDARD  PROVIDING  FOR  THE  BEST  SUSTAINABILITY
 PERFORMANCE  AND  A  BETTER PROTECTION OF THE ENVIRONMENT AND THE PUBLIC
 HEALTH. THEREAFTER, SUCH PURCHASE SHALL INCREASE AT  A  RATE  OF  TWENTY
 PERCENT EACH YEAR UNTIL IT REACHES ONE HUNDRED PERCENT.
 § 27-2823. MISCELLANEOUS.
   1.  THIS  TITLE  DOES  NOT  LIMIT,  SUPERSEDE, DUPLICATE, OR OTHERWISE
 CONFLICT WITH THE PROVISIONS OF ARTICLE THIRTY-SEVEN OF THIS CHAPTER  ON
 SUBSTANCES  HAZARDOUS  OR ACUTELY HAZARDOUS TO PUBLIC HEALTH, SAFETY AND
 THE ENVIRONMENT.
   2. IF ANY PROVISION OF THIS TITLE OR ITS APPLICATION TO ANY PERSON  OR
 CIRCUMSTANCE  IS HELD INVALID, THE REMAINDER OF THIS TITLE OR THE APPLI-
 CATION OF THE  PROVISION  TO  OTHER  PERSONS  OR  CIRCUMSTANCES  IS  NOT
 AFFECTED.
   § 3. This act shall take effect immediately.