LBD09864-02-1
S. 5027--A 2
ing the toxic components in carpet will not only reduce exposure to
toxic chemicals in our homes and workplaces, but also improve market
opportunities for carpet to be recycled back into carpet materials. The
legislature finds and declares that enactment of this act will reduce
carpet waste, encourage closed-loop carpet recycling, and provide a
mechanism for carpet producer stewardship of its product through its
life cycle.
§ 2. Article 27 of the environmental conservation law is amended by
adding a new title 32 to read as follows:
TITLE 32
CARPET STEWARDSHIP
SECTION 27-3201. SHORT TITLE AND DEFINITIONS.
27-3203. LABELING, WARRANTY, AND DESIGN REQUIREMENTS.
27-3205. POST-CONSUMER CONTENT AND ADHESIVE REQUIREMENTS.
27-3207. CARPET STEWARDSHIP ADVISORY BOARD.
27-3209. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
27-3211. STEWARDSHIP PLAN.
27-3213. SUBMISSION TO THE COMMISSIONER AND APPROVAL TIMING.
27-3215. COLLECTION CONVENIENCE STANDARD REQUIREMENTS.
27-3217. STEWARDSHIP ASSESSMENT.
27-3219. ADMINISTRATIVE FEE.
27-3221. PRODUCER RESPONSIBILITIES.
27-3223. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
27-3225. REQUIREMENTS FOR PROGRAM COLLECTORS.
27-3227. REQUIREMENT FOR RECYCLING.
27-3229. DEPARTMENT RESPONSIBILITIES.
27-3231. RULES AND REGULATIONS.
27-3233. ANNUAL AUDIT AND REPORT.
27-3235. ENFORCEMENT AND PENALTIES.
27-3237. STATE PREEMPTION.
27-3239. PROCUREMENT.
27-3241. ANTI-COMPETITIVE CONDUCT.
27-3243. SEVERABILITY.
§ 27-3201. 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 THE TITLE UNLESS
THE CONTEXT CLEARLY REQUIRES OTHERWISE:
(A) "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
(B) "CARPET" MEANS A MANUFACTURED ARTICLE THAT IS (I) USED IN COMMER-
CIAL BUILDINGS OR SINGLE OR MULTIFAMILY RESIDENTIAL BUILDINGS, (II)
AFFIXED OR PLACED ON THE FLOOR OR BUILDING WALKING SURFACE AS A DECORA-
TIVE OR FUNCTIONAL BUILDING INTERIOR OR EXTERIOR FEATURE, AND (III)
PRIMARILY CONSTRUCTED OF A TOP SURFACE OF SYNTHETIC OR NATURAL FACE
FIBERS OR YARNS OR TUFTS ATTACHED TO A BACKING SYSTEM MADE OF SYNTHETIC
OR NATURAL MATERIALS. "CARPET" INCLUDES, BUT IS NOT LIMITED TO, A
COMMERCIAL OR RESIDENTIAL BROADLOOM CARPET, MODULAR CARPET TILES, AND
ARTIFICIAL TURF, PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A CARPET.
"CARPET" DOES NOT INCLUDE HANDMADE RUGS, AREA RUGS, OR MATS.
(C)"CARPET STEWARDSHIP ADVISORY BOARD" MEANS THE BOARD CREATED UNDER
SECTION 27-3207 OF THIS TITLE.
(D) "CLOSED-LOOP RECYCLING" MEANS A PROCESS WHERE DISCARDED CARPET IS
COLLECTED, RECYCLED, AND THEN USED AGAIN TO MAKE CARPET.
(E) "COLLECTION RATE" MEANS THE AMOUNT OF CARPET COLLECTED AND IS
DETERMINED BY DIVIDING THE AMOUNT OF DISCARDED CARPET COLLECTED FOR
S. 5027--A 3
RECYCLING OR REUSE BY THE TOTAL AMOUNT OF CARPET DISCARDED IN A PROGRAM
YEAR.
(F) "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
DISCARDED CARPET MAY BE RETURNED FOR RECYCLING BY A CONSUMER.
(G) "COLLECTOR" MEANS A PERSON WHO COLLECTS DISCARDED CARPET FOR THE
PURPOSE OF SUPPLYING THE RECYCLERS.
(H) "COMMISSIONER" MEANS THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
TION.
(I) "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES,
OWNS, LEASES, OR USES CARPET, INCLUDING BUT NOT LIMITED TO AN INDIVID-
UAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT CORPO-
RATION, THE STATE, A PUBLIC CORPORATION, PUBLIC SCHOOL, SCHOOL DISTRICT,
PRIVATE OR PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES OR GOVERNMENTAL ENTITY.
(J) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
(K) "DISCARDED CARPET" MEANS CARPET THAT A CONSUMER HAS USED AND
DISPOSED OF IN THE STATE.
(L) "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR OTHERWISE
ACQUIRES CARPET AND SELLS OR OFFERS TO SELL CARPET TO RETAILERS IN THIS
STATE.
(M) "ENERGY RECOVERY" MEANS THE PROCESS BY WHICH ALL OR A PORTION OF
SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
HEAT CONTENT OR OTHER FORMS OF ENERGY DERIVED FROM SUCH SOLID WASTE
MATERIALS.
(N) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMI-
CALS" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST
ONE FULLY FLUORINATED CARBON ATOM.
(O) "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES OR RENOVATES CARPET
THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE. "PRODUCER"
INCLUDES:
(I) THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH CARPET IS SOLD,
OFFERED FOR SALE, OR DISTRIBUTED IN THIS STATE, WHETHER OR NOT SUCH
TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
(II) ANY PERSON WHO IMPORTS CARPET INTO THE UNITED STATES THAT IS SOLD
OR OFFERED FOR SALE IN THE STATE AND THAT IS MANUFACTURED BY A PERSON
WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
(P) "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
OR IS PRODUCTION, COMMERCIAL, OR FINANCIAL INFORMATION, THAT IF
DISCLOSED WOULD IMPAIR THE COMPETITIVE POSITION OF THE SUBMITTER AND
WOULD MAKE AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
(Q) "RECYCLING" MEANS THE PROCESS BY WHICH DISCARDED CARPET IS PROC-
ESSED AND RETURNED TO THE ECONOMIC MAINSTREAM FOR THE PURPOSE OF PREPAR-
ING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE IN NEW
PRODUCTS OR COMPONENTS. "RECYCLING" DOES NOT INCLUDE ENERGY RECOVERY OR
ENERGY GENERATION BY MEANS OF COMBUSTION OR LANDFILL DISPOSAL OF
DISCARDED CARPET.
(R) "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED CARPET PRODUCTS
THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY THIS TITLE,
AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED CARPET COLLECTED AND
RECYCLED OR REUSED BY THE TOTAL AMOUNT OF DISCARDED CARPET COLLECTED
OVER A PROGRAM YEAR.
(S) "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
(T) "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE CARPET TO
A CONSUMER IN THE STATE.
(U) "REUSE" MEANS DONATING OR SELLING A DISCARDED CARPET PRODUCT BACK
INTO THE MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED CARPET
S. 5027--A 4
PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN BE USED
FOR ITS ORIGINAL PURPOSE.
(V) "SALE" OR "SELL" MEANS A TRANSFER OF TITLE OF CARPET FOR CONSIDER-
ATION, INCLUDING A REMOTE SALE CONDUCTED THROUGH A SALES OUTLET, CATA-
LOG, WEBSITE, TELEPHONE, OR THROUGH SIMILAR ELECTRONIC MEANS. "SALE" OR
"SELL" INCLUDES A LEASE THROUGH WHICH CARPET IS PROVIDED TO A CONSUMER
IN THE STATE BY A PRODUCER, DISTRIBUTOR, OR RETAILER.
(W) "STEWARDSHIP ORGANIZATION" MEANS A NONPROFIT ENTITY REPRESENTING
PRODUCERS AND OTHER DESIGNATED REPRESENTATIVES WHO ARE COOPERATING WITH
ONE ANOTHER TO COLLECTIVELY ESTABLISH AND OPERATE A STEWARDSHIP PROGRAM
FOR THE PURPOSE OF COMPLYING WITH THIS TITLE.
(X) "STEWARDSHIP PROGRAM" MEANS A PROGRAM FINANCED AND IMPLEMENTED BY
PRODUCERS THROUGH A STEWARDSHIP ORGANIZATION THAT PROVIDES FOR, BUT IS
NOT LIMITED TO, THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING, OR
PROPER MANAGEMENT THROUGH DISPOSAL, OR AN APPROPRIATE COMBINATION THERE-
OF, OF DISCARDED CARPET.
§ 27-3203. LABELING, WARRANTY, AND DESIGN REQUIREMENTS.
1. ON AND AFTER THE EFFECTIVE DATE OF THIS TITLE, CARPET SOLD OR
OFFERED FOR SALE IN THE STATE SHALL BE ACCOMPANIED BY THE FOLLOWING
IDENTIFYING INFORMATION:
(A) NAME OF THE PRODUCER AND CONTACT INFORMATION;
(B) CARPET MATERIAL, COMPOSITION, AND TYPE OF CONSTRUCTION.
2. ON AND AFTER THE EFFECTIVE DATE OF THIS TITLE, ALL CARPET SHALL BE
ACCOMPANIED BY AN ALL-INCLUSIVE WARRANTY FOR A PERIOD OF SEVEN YEARS,
WITH EXCEPTIONS FOR INAPPROPRIATE USE AND DAMAGE.
3. ON AND AFTER A DATE THAT IS TWO YEARS AFTER THE EFFECTIVE DATE OF
THIS TITLE, NO CARPET SOLD OR OFFERED FOR SALE IN THE STATE SHALL
CONTAIN OR BE TREATED WITH PFAS CHEMICALS TO PROVIDE A SPECIFIC CHARAC-
TERISTIC, APPEARANCE OR QUALITY, TO PERFORM A SPECIFIC FUNCTION, OR FOR
ANY OTHER PURPOSE.
§ 27-3205. POST-CONSUMER CONTENT AND ADHESIVE REQUIREMENTS.
1. ON AND AFTER A DATE THAT IS TWO YEARS AFTER THE EFFECTIVE DATE OF
THIS TITLE, ALL CARPET SOLD IN THE STATE SHALL BE MANUFACTURED WITH A
MINIMUM OF TEN PERCENT FROM POST-CONSUMER SOURCES; AND FOUR YEARS THERE-
AFTER, A MINIMUM OF TWENTY PERCENT FROM POST-CONSUMER SOURCES; AND FIVE
YEARS THEREAFTER, A MINIMUM OF THIRTY PERCENT FROM SUCH SOURCES.
2. ON AND AFTER A DATE WHICH IS TWO YEARS AFTER THE EFFECTIVE DATE OF
THIS TITLE, NO PERMANENT ADHESIVES MAY BE USED IN THE INSTALLATION OF
CARPET. ALL CARPET SHALL BE DESIGNED AND INSTALLED SO AS TO ALLOW
REMOVAL WITHOUT SIGNIFICANT DAMAGE TO THE CARPET.
§ 27-3207. CARPET STEWARDSHIP ADVISORY BOARD.
1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE CARPET
STEWARDSHIP ADVISORY BOARD TO RECEIVE AND REVIEW STEWARDSHIP PLANS
REQUIRED BY THIS TITLE AND MAKE RECOMMENDATIONS TO THE COMMISSIONER
REGARDING THEIR APPROVAL.
2. THE BOARD SHALL BE COMPOSED OF ELEVEN VOTING MEMBERS TO BE
APPOINTED BY THE COMMISSIONER. SUCH MEMBERS SHALL INCLUDE:
(A) ONE REPRESENTATIVE OF CARPET PRODUCERS;
(B) ONE REPRESENTATIVE OF CARPET RETAILERS;
(C) ONE REPRESENTATIVE OF CARPET RECYCLERS;
(D) ONE REPRESENTATIVE OF CARPET COLLECTORS;
(E) TWO REPRESENTATIVES OF COMPANIES THAT UTILIZE DISCARDED CARPET TO
MANUFACTURE A NEW PRODUCT;
(F) ONE REPRESENTATIVE OF A CARPET INSTALLER ASSOCIATION;
(G) ONE REPRESENTATIVE FROM A STATEWIDE ENVIRONMENTAL ORGANIZATION;
(H) ONE REPRESENTATIVE FROM A STATEWIDE WASTE DISPOSAL ASSOCIATION;
S. 5027--A 5
(I) ONE REPRESENTATIVE FROM THE NEW YORK PRODUCT STEWARDSHIP COUNCIL;
AND
(J) ONE AT-LARGE MEMBER.
3. SUCH APPOINTMENTS SHALL BE MADE NO LATER THAN THE FIRST DAY OF
JANUARY FOLLOWING THE DATE ON WHICH THIS TITLE TAKES EFFECT.
4. THE MEMBERS SHALL DESIGNATE A CHAIR FROM AMONG THE MEMBERS BY
MAJORITY VOTE. BOARD MEMBERS SHALL RECEIVE NO COMPENSATION BUT SHALL BE
ENTITLED TO THEIR NECESSARY AND ACTUAL EXPENSES INCURRED IN THE PERFORM-
ANCE OF THEIR BOARD DUTIES.
5. THE BOARD SHALL MEET AT LEAST QUARTERLY BY CALL OF THE CHAIR.
6. EACH CARPET STEWARDSHIP PLAN PREPARED BY A STEWARDSHIP ORGANIZATION
PURSUANT TO THIS TITLE SHALL BE SUBMITTED TO THE ADVISORY BOARD, WHICH
SHALL CONSIDER WHETHER THE PLAN MEETS THE CRITERIA AND OBJECTIVES OF
THIS TITLE.
7. THE BOARD SHALL, WITHIN NINETY DAYS OF SUCH SUBMISSION, EITHER:
(A) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR
APPROVAL; OR
(B) RETURN THE PLAN WITH ITS DISAPPROVAL AND STATED REASONS THEREFOR,
INCLUDING ANY RECOMMENDED CHANGES TO THE PLAN NECESSARY FOR APPROVAL.
8. A STEWARDSHIP ORGANIZATION MAY RESUBMIT A PLAN FOR APPROVAL AT ANY
TIME. UPON SUCH RESUBMISSION, THE BOARD SHALL WITHIN NINETY DAYS FORWARD
THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL OR
DISAPPROVAL.
9. THE BOARD SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND MAKE SUCH
RECOMMENDATIONS TO THE DEPARTMENT AND STEWARDSHIP ORGANIZATION WITH AN
APPROVED PLAN FOR IMPROVING THE PLAN. 10. THE DECISION OF THE BOARD
SHALL BE BY VOTE OF THE MAJORITY OF ITS MEMBERSHIP.
§ 27-3209. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
1. A STEWARDSHIP ORGANIZATION SHALL BE CREATED AND FINANCED COLLEC-
TIVELY BY CARPET PRODUCERS.
2. THE STEWARDSHIP ORGANIZATION SHALL DEMONSTRATE TO THE DEPARTMENT
THE MANAGEMENT CAPABILITY AND FINANCIAL CAPACITY TO OPERATE A STATEWIDE
PROGRAM.
3. THE STEWARDSHIP ORGANIZATION SHALL NOT CONTROL, BE CONTROLLED BY,
NOR BE UNDER COMMON CONTROL OF ANY SINGLE MANUFACTURER, THIRD-PARTY
ORGANIZATION, VENDOR, COLLECTOR, OR INDUSTRY-WIDE TRADE ASSOCIATION.
4. THE STEWARDSHIP ORGANIZATION SHALL HAVE A BOARD OF DIRECTORS
COMPOSED OF THE FOLLOWING:
(A) TWO REPRESENTATIVES OF CARPET PRODUCERS;
(B) TWO REPRESENTATIVES OF CARPET RECYCLERS;
(C) TWO REPRESENTATIVES OF MANUFACTURERS WHO UTILIZE RECYCLED CARPET
MATERIALS BUT ARE NOT CARPET PRODUCERS;
(D) ONE REPRESENTATIVE OF RETAILERS;
(E) ONE REPRESENTATIVE OF A NEW YORK-BASED ENVIRONMENTAL ADVOCACY
ORGANIZATION; AND
(F) ONE REPRESENTATIVE OF AN ORGANIZATION THAT REPRESENTS LOCAL
GOVERNMENT.
5. ON OR BEFORE THE FIRST OF JULY FOLLOWING THE FORMATION OF THE
CARPET STEWARDSHIP ADVISORY BOARD, A STEWARDSHIP ORGANIZATION SHALL
SUBMIT A STEWARDSHIP PLAN TO THE CARPET STEWARDSHIP ADVISORY BOARD.
6. A STEWARDSHIP ORGANIZATION OPERATING A STEWARDSHIP PROGRAM SHALL
UPDATE THE STEWARDSHIP PLAN EVERY THREE YEARS, AT A MINIMUM, AND SUBMIT
THE UPDATED PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL.
7. THE STEWARDSHIP ORGANIZATION SHALL NOTIFY THE DEPARTMENT WITHIN
THIRTY DAYS OF ANY SIGNIFICANT CHANGES OR MODIFICATIONS TO THE PLAN OR
ITS IMPLEMENTATION. WITHIN THIRTY DAYS OF THE NOTIFICATION, A WRITTEN
S. 5027--A 6
PLAN AMENDMENT SHALL BE SUBMITTED TO THE DEPARTMENT FOR REVIEW AND
APPROVAL.
8. THE STEWARDSHIP ORGANIZATION SHALL MEET WITH THE CARPET STEWARDSHIP
ADVISORY BOARD AT LEAST TWICE PER YEAR.
9. THE STEWARDSHIP ORGANIZATION SHALL BE RESPONSIBLE FOR PRODUCERS'
COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, INCLUDING: THE PREPARA-
TION AND IMPLEMENTATION OF A STEWARDSHIP PLAN, THE PREPARATION AND
SUBMISSION OF ANNUAL AUDITS, AND REPORTS TO THE COMMISSIONER AS PROVIDED
IN SECTION 27-3233 OF THIS TITLE.
§ 27-3211. STEWARDSHIP PLAN.
1. THE STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM:
(A) CERTIFICATION THAT THE STEWARDSHIP PROGRAM WILL ACCEPT FOR
COLLECTION ALL DISCARDED CARPET;
(B) CONTACT INFORMATION FOR EACH INDIVIDUAL REPRESENTING THE STEWARD-
SHIP ORGANIZATION, INCLUDING THE ADDRESS OF THE STEWARDSHIP ORGANIZATION
WHERE THE DEPARTMENT WILL SEND ANY NOTIFICATIONS AND FOR SERVICE OF
PROCESS, DESIGNATION OF A PROGRAM MANAGER RESPONSIBLE FOR ADMINISTERING
THE PROGRAM, A LIST OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP
PROGRAM, AND CONTACT INFORMATION FOR EACH PRODUCER, INCLUDING THE
ADDRESS FOR SERVICE OF PROCESS, AND THE BRANDS COVERED BY THE PRODUCT
STEWARDSHIP PROGRAM;
(C) A DESCRIPTION OF THE METHODS BY WHICH DISCARDED CARPET WILL BE
COLLECTED;
(D) AN EXPLANATION OF HOW THE STEWARDSHIP PROGRAM WILL ACHIEVE, AT A
MINIMUM, A CONVENIENCE STANDARD UNDER SECTION 27-3215 OF THIS TITLE;
(E) A DESCRIPTION OF HOW THE EFFECTIVENESS OF THE STEWARDSHIP PROGRAM
WILL BE MONITORED, EVALUATED, AND MAINTAINED;
(F) THE NAMES AND LOCATIONS OF COLLECTION SITES, TRANSPORTERS, AND
RECYCLERS WHO WILL MANAGE DISCARDED CARPET;
(G) A DESCRIPTION OF HOW THE DISCARDED CARPET WILL BE SAFELY AND
SECURELY TRANSPORTED, TRACKED, AND HANDLED FROM COLLECTION THROUGH FINAL
RECYCLING AND PROCESSING;
(H) A DESCRIPTION OF THE METHODS TO BE USED TO REUSE OR RECYCLE
DISCARDED CARPET TO ENSURE THAT THE COMPONENTS, TO THE EXTENT FEASIBLE,
ARE TRANSFORMED OR REMANUFACTURED INTO FINISHED PRODUCTS FOR USE;
(I) A DESCRIPTION OF THE METHODS TO BE USED TO MANAGE OR DISPOSE OF
DISCARDED CARPET THAT CANNOT BE RECYCLED OR REUSED;
(J) ESTABLISH GOALS FOR EACH YEAR OF THE PLAN THAT INCREASE THE ANNUAL
PERCENT OF DISCARDED CARPET THAT IS COLLECTED (COLLECTION RATE) AND THE
ANNUAL PERCENT THAT IS RECYCLED (RECYCLING RATE) AND THE PERCENT OF
WHICH, PENDING AVAILABLE MARKETS, SHOULD BE CLOSED-LOOP RECYCLED. THIS
CALCULATION IS TO BE BASED ON THE PREVIOUS THREE-YEAR AVERAGE AMOUNT OF
CARPET SOLD IN THE STATE SO THAT THE FOLLOWING GOALS ARE MET:
(I) FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, TWENTY-FIVE
PERCENT RECYCLED, OF WHICH TEN PERCENT SHOULD BE CLOSED-LOOP RECYCLING;
(II) TEN YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, FIFTY PERCENT
RECYCLED, OF WHICH TWENTY PERCENT SHOULD BE CLOSED-LOOP RECYCLING; AND
(III) FIFTEEN YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, SEVENTY-
FIVE PERCENT RECYCLED, OF WHICH FORTY PERCENT SHOULD BE CLOSED-LOOP
RECYCLING.
(K) A DESCRIPTION OF THE OUTREACH AND EDUCATIONAL MATERIALS THAT MUST
BE PROVIDED TO CONSUMERS, RETAILERS, COLLECTION SITES, AND TRANSPORTERS
OF DISCARDED CARPET, AND HOW SUCH OUTREACH WILL BE EVALUATED FOR EFFEC-
TIVENESS. THESE MATERIALS SHALL INCLUDE:
S. 5027--A 7
(I) INFORMATION ABOUT COLLECTION OPPORTUNITIES FOR POST-CONSUMER
CARPET; EFFORTS TO PROMOTE THE SOURCE REDUCTION, REUSE, AND RECYCLING OF
CARPET; AND
(II) A PROGRAM THAT SHALL BE IMPLEMENTED TO TRAIN CARPET INSTALLERS ON
HOW TO PROPERLY MANAGE DISCARDED CARPET.
(L) AN UP-TO-DATE STEWARDSHIP ORGANIZATION WEBSITE AND TOLL-FREE TELE-
PHONE NUMBER THROUGH WHICH A CONSUMER CAN EASILY LEARN HOW AND WHERE TO
RETURN THEIR DISCARDED CARPET FOR RECYCLING;
(M) AN EVALUATION OF THE STATUS OF END MARKETS FOR DISCARDED CARPET
AND WHAT, IF ANY, ADDITIONAL END MARKETS ARE NEEDED TO IMPROVE THE FUNC-
TIONING OF THE PROGRAMS;
(N) A FUNDING MECHANISM THAT DEMONSTRATES SUFFICIENT FUNDING TO CARRY
OUT THE PLAN, INCLUDING THE ADMINISTRATIVE, OPERATIONAL, AND CAPITAL
COSTS OF THE PLAN;
(O) A DESCRIPTION OF A PROCESS BY WHICH AN INDEPENDENT AUDITOR WILL BE
SELECTED FOR THE PURPOSES OF SECTION 27-3233 OF THIS TITLE. THE PLAN
SHALL IDENTIFY THE CRITERIA USED BY THE STEWARDSHIP ORGANIZATION IN
SELECTING AN INDEPENDENT AUDITOR, INCLUDING:
(I) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER CARPET;
(II) DEFINE THE METHODOLOGY FOR CALCULATING THE FEES NECESSARY TO
ACHIEVE THE ANNUAL COLLECTION AND RECYCLING RATES;
(III) ENSURE THAT FEES COLLECTED ARE SUFFICIENT FOR IMPLEMENTATION OF
THIS TITLE.
(P) ANY OTHER INFORMATION REQUIRED BY REGULATIONS PROMULGATED BY THE
DEPARTMENT.
2. BY THE FIRST OF JULY AFTER THE EFFECTIVE DATE OF THIS TITLE, AND BY
JULY FIRST OF EACH YEAR THEREAFTER, THE STEWARDSHIP ORGANIZATION SHALL
SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES, FOR THE PREVIOUS
PROGRAM YEAR, A DESCRIPTION OF THE STEWARDSHIP PROGRAM, INCLUDING, BUT
NOT LIMITED TO, THE FOLLOWING:
(A) A DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT, AND PROC-
ESS DISCARDED COVERED PRODUCTS IN REGIONS OF THE STATE;
(B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
(C) THE WEIGHT OF ALL DISCARDED COVERED PRODUCTS COLLECTED AND REUSED
OR RECYCLED IN ALL REGIONS OF THE STATE;
(D) AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
ESTABLISHED IN THE STEWARDSHIP PLAN HAVE BEEN ACHIEVED; AND
(E) AN ESTIMATED WEIGHT OF DISCARDED COVERED PRODUCTS AND ANY COMPO-
NENT MATERIALS THAT WERE COLLECTED PURSUANT TO THE STEWARDSHIP PLAN, BUT
NOT RECYCLED.
§ 27-3213. SUBMISSION TO THE COMMISSIONER AND APPROVAL TIMING.
1. BEFORE REJECTION OR APPROVAL OF A STEWARDSHIP PLAN CAN BE MADE IN
ACCORDANCE WITH THIS TITLE, THE STEWARDSHIP ORGANIZATION SHALL SUBMIT
THE PLAN TO THE CARPET STEWARDSHIP ADVISORY BOARD.
2. WITHIN SIXTY DAYS OF SUBMISSION OF THE STEWARDSHIP PLAN TO THE
COMMISSIONER UPON THE RECOMMENDATION OF THE ADVISORY BOARD, THE COMMIS-
SIONER SHALL EITHER APPROVE THE PLAN, OR RETURN IT TO THE STEWARDSHIP
ORGANIZATION AND PROVIDE THE REASONS FOR DISAPPROVAL.
3. THE STEWARDSHIP ORGANIZATION SHALL PROVIDE A REVISED PLAN TO THE
COMMISSIONER WITHIN SIXTY DAYS, AND THE COMMISSIONER SHALL APPROVE OR
REJECT SUCH REVISED PLAN WITHIN THIRTY DAYS.
4. THE STEWARDSHIP ORGANIZATION SHALL IMPLEMENT THE STEWARDSHIP PLAN
ON THE FIRST OF JANUARY IN THE YEAR FOLLOWING APPROVAL OF THE PLAN UNDER
THIS SECTION.
§ 27-3215. COLLECTION CONVENIENCE STANDARD REQUIREMENTS.
S. 5027--A 8
1. PROGRAM COLLECTION SITES SHALL BE MADE AVAILABLE WITHIN A FIFTEEN
MILE RADIUS FOR AT LEAST SEVENTY PERCENT OF THE POPULATION OF THE
STATE'S RESIDENTS, AND WITHIN A FIFTEEN MILE RADIUS FOR AT LEAST EIGHTY
PERCENT OF THE POPULATION OF THE STATE'S RESIDENTS WITHIN THREE YEARS
AFTER THE START OF THE PROGRAM.
2. CONVENIENCE STANDARDS SHALL BE EVALUATED BY THE DEPARTMENT PERIOD-
ICALLY AND THE DEPARTMENT MAY REQUIRE ADDITIONAL COLLECTION LOCATIONS TO
ENSURE ADEQUATE CONSUMER CONVENIENCE.
3. IN THOSE AREAS THAT ARE NOT INCLUDED WITHIN THE COLLECTION CONVEN-
IENCE STANDARD IN SUBDIVISION ONE OF THIS SECTION, THE STEWARDSHIP
ORGANIZATION SHALL PROVIDE COLLECTION EVENTS AT LEAST ONCE PER YEAR.
4. WITH RESPECT TO A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
AFTER CONSULTATION WITH THE APPROPRIATE LOCAL OR REGIONAL ENTITY RESPON-
SIBLE FOR THE COLLECTION OF SOLID AND HAZARDOUS WASTE, THE STEWARDSHIP
PLAN SHALL ESTABLISH AN ALTERNATIVE CONVENIENCE STANDARD THAT IS
APPROVED BY THE DEPARTMENT.
§ 27-3217. STEWARDSHIP ASSESSMENT.
1. ONE MONTH AFTER THE APPROVAL OF THE STEWARDSHIP PLAN, EACH PRODUCER
SHALL INCLUDE IN THE PRICE OF ANY CARPET SOLD TO RETAILERS AND DISTRIBU-
TORS IN THE STATE AN AMOUNT DETERMINED UNDER THE APPROVED STEWARDSHIP
PLAN. A RETAILER OR DISTRIBUTOR SHALL NOT DEDUCT THIS AMOUNT FROM THE
PURCHASE PRICE.
2. EACH PRODUCER SHALL REMIT THE QUARTERLY ASSESSMENT AMOUNT TO THE
STEWARDSHIP ORGANIZATION EACH QUARTER.
3. SUCH AN ASSESSMENT SHALL BE IN AN AMOUNT SUFFICIENT TO COVER THE
COSTS OF COLLECTION, RECYCLING, AND OTHER ACTIVITIES SPECIFIED IN THE
STEWARDSHIP PLAN AS REQUIRED BY THIS TITLE.
4. THE STEWARDSHIP ASSESSMENT AMOUNT SHALL TAKE INTO ACCOUNT THE
FINANCIAL BURDEN THAT A PARTICULAR CARPET MATERIAL HAS ON THE STEWARD-
SHIP PROGRAM, AND THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT CONTAINED
IN A PARTICULAR CARPET, AND BE DIFFERENTIATED TO INCENTIVIZE THE USE OF
POST-CONSUMER CONTENT IN CARPET AND DISCOURAGE THE USE OF CARPET MATERI-
ALS THAT POSE CHALLENGES FOR THE RECYCLING OF DISCARDED CARPET.
5. THE INDEPENDENT AUDITOR, AS DESCRIBED IN THE STEWARDSHIP PLAN,
SHALL VERIFY THAT THE AMOUNT ADDED TO EACH UNIT OF CARPET WILL COVER THE
COSTS OF IMPLEMENTING THE STEWARDSHIP PLAN.
6. THE AMOUNTS SO COLLECTED SHALL BE DEPOSITED IN A BANK CHARTERED IN
NEW YORK AND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF COMPLIANCE WITH
THIS TITLE.
§ 27-3219. ADMINISTRATIVE FEE.
A STEWARDSHIP ORGANIZATION SHALL PAY THE DEPARTMENT THE FOLLOWING
FEES, WHICH SHALL BE ADEQUATE TO COVER THE DEPARTMENT'S FULL COSTS OF
ADMINISTERING AND ENFORCING THE STEWARDSHIP PROGRAM AND SHALL NOT EXCEED
THE AMOUNT NECESSARY TO RECOVER COSTS INCURRED BY THE DEPARTMENT IN
CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS
OF THIS TITLE:
1. A ONE-TIME FEE OF TEN THOUSAND DOLLARS FOR A PLAN UPON SUBMISSION
OF AN INITIAL STEWARDSHIP PLAN; AND
2. AN ANNUAL ADMINISTRATIVE FEE TO BE ESTABLISHED BY THE DEPARTMENT IN
REGULATIONS TO BE PAID ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE A
REIMBURSEMENT FEE TO THE COMMISSIONER FOR THE COSTS OF ADMINISTERING
THIS TITLE.
§ 27-3221. PRODUCER RESPONSIBILITIES.
1. BY THE FIRST OF JANUARY OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF
THIS TITLE, EACH PRODUCER SHALL, THROUGH A STEWARDSHIP ORGANIZATION,
IMPLEMENT AND FINANCE A STATEWIDE STEWARDSHIP PROGRAM THAT:
S. 5027--A 9
(A) MANAGES CARPET BY REDUCING ITS WASTE GENERATION;
(B) PROMOTES CARPET RECYCLING AND REUSE; AND
(C) PROVIDES FOR NEGOTIATION AND EXECUTION OF AGREEMENTS TO COLLECT,
TRANSPORT, PROCESS, AND MARKET THE PRODUCER'S DISCARDED CARPET FOR END-
OF-LIFE RECYCLING, REUSE, OR DISPOSAL.
2. NO PRODUCER MAY SELL OR OFFER FOR SALE CARPET IN THE STATE UNLESS
THE PRODUCER IS PART OF A STEWARDSHIP ORGANIZATION IN COMPLIANCE WITH
THE PROVISIONS OF THIS TITLE.
3. THE STEWARDSHIP PROGRAM SHALL BE FREE TO THE CONSUMER, CONVENIENT
AND ADEQUATE TO SERVE THE NEEDS OF BUSINESSES AND RESIDENTS IN ALL AREAS
OF THE STATE ON AN ONGOING BASIS.
4. ON AND AFTER THE FIRST OF MARCH OF THE YEAR FOLLOWING THE EFFECTIVE
DATE OF THIS TITLE, NO CARPET SHALL BE SOLD OR OFFERED FOR SALE IN THE
STATE THAT IS NOT THE SUBJECT OF AN APPROVED STEWARDSHIP PLAN AS
PROVIDED IN THIS TITLE.
5. EACH PRODUCER SHALL SUBMIT A PLAN TO THE DEPARTMENT THROUGH PARTIC-
IPATION IN A CERTIFIED STEWARDSHIP ORGANIZATION THAT MEETS THE REQUIRE-
MENTS OF SECTION 27-3211 OF THIS TITLE.
§ 27-3223. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
1. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, NO
RETAILER OR DISTRIBUTOR MAY SELL OR OFFER FOR SALE CARPET IN THE STATE
UNLESS THE PRODUCER OF SUCH CARPET IS PARTICIPATING IN A STEWARDSHIP
PROGRAM.
2. ANY RETAILER OR DISTRIBUTOR MAY PARTICIPATE, ON A VOLUNTARY BASIS,
AS A DESIGNATED COLLECTION POINT PURSUANT TO A PRODUCT STEWARDSHIP
PROGRAM AND IN ACCORDANCE WITH APPLICABLE LAW.
3. NO RETAILER OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THIS SECTION IF, ON THE DATE THE CARPET WAS ORDERED FROM THE PRODUCER OR
ITS AGENT, THE PRODUCER WAS LISTED AS COMPLIANT WITH THIS TITLE ON THE
DEPARTMENT'S WEBSITE.
§ 27-3225. REQUIREMENTS FOR PROGRAM COLLECTORS.
A PROGRAM COLLECTOR:
1. MAY NOT CHARGE FOR THE ACCEPTANCE OF CARPET AT POINTS OF
COLLECTION.
2. SHALL ACCEPT ALL TYPES AND BRANDS OF CARPET.
3. SHALL ABIDE BY THE BEST MANAGEMENT PRACTICES FOR COLLECTION OF
DISCARDED CARPET THAT ARE PROVIDED BY THE STEWARDSHIP ORGANIZATION WITH
AN APPROVED PLAN.
4. SHALL SUBMIT AN ANNUAL REPORT TO THE STEWARDSHIP ORGANIZATION WITH
AN APPROVED PLAN.
§ 27-3227. REQUIREMENT FOR RECYCLING.
ALL CARPET THAT IS REMOVED BY INSTALLERS AND TO BE DISCARDED IS
REQUIRED TO BE TRANSPORTED TO A PROGRAM COLLECTION SITE FOR RECYCLING.
§ 27-3229. DEPARTMENT RESPONSIBILITIES.
1. UPON STEWARDSHIP PLAN APPROVAL, THE DEPARTMENT SHALL POST INFORMA-
TION ON ITS WEBSITE ABOUT THE STEWARDSHIP ORGANIZATION AND ITS PARTIC-
IPATING PRODUCERS THAT ARE IN COMPLIANCE WITH THIS TITLE, INCLUDING THE
BRANDS OF SUCH PRODUCERS.
2. BEGINNING THE FIRST OF JANUARY OF THE YEAR FOLLOWING THE EFFECTIVE
DATE OF THIS TITLE, THE DEPARTMENT SHALL POST ON ITS WEBSITE THE
LOCATION OF ALL COLLECTION SITES IDENTIFIED TO THE DEPARTMENT BY THE
STEWARDSHIP ORGANIZATION IN ITS PLANS AND ANNUAL REPORTS.
3. THE DEPARTMENT SHALL POST ON ITS WEBSITE THE STEWARDSHIP PLAN
APPROVED BY THE DEPARTMENT.
S. 5027--A 10
4. THE DEPARTMENT SHALL DEPOSIT THE FEES COLLECTED PURSUANT TO THIS
TITLE INTO THE STEWARDSHIP ORGANIZATION FUND AS ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.
5. THE DEPARTMENT SHALL SELECT ONE STEWARDSHIP ORGANIZATION PER FIVE
YEAR OPERATING PERIOD.
6. THE DEPARTMENT SHALL MEET WITH THE STEWARDSHIP ORGANIZATION WITH AN
APPROVED PLAN AT LEAST ANNUALLY TO REVIEW THE FUNCTIONING OF THE PLAN
AND IDENTIFY COMPONENTS OF THE PLAN THAT NEED IMPROVEMENT.
7. STARTING SIX YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, THE
DEPARTMENT SHALL IMPOSE A PENALTY OF TWENTY-FIVE CENTS PER POUND TO BE
ASSESSED ON THE STEWARDSHIP ORGANIZATION FOR EACH POUND OF CARPET BEYOND
THE AMOUNT ACTUALLY RECYCLED THAT IS MISSING TO ACHIEVE THE GOALS SPECI-
FIED IN THE APPROVED STEWARDSHIP PLAN. ALL PENALTIES COLLECTED PURSUANT
TO THIS SECTION SHALL BE PAID OVER TO THE COMMISSIONER FOR DEPOSIT TO
THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
§ 27-3231. RULES AND REGULATIONS.
THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THIS TITLE.
§ 27-3233. ANNUAL AUDIT AND REPORT.
1. THE STEWARDSHIP ORGANIZATION SHALL APPOINT AN INDEPENDENT AUDITOR
WHO SHALL, AT THE END OF EACH CALENDAR YEAR IN WHICH A STEWARDSHIP PLAN
IS IN EFFECT, REVIEW THE IMPLEMENTATION OF SUCH PLAN AND ASSESS WHETHER
STEWARDSHIP ASSESSMENTS PROVIDED FOR IN SUCH PLAN ARE SUFFICIENT TO FUND
THE COSTS OF COMPLIANCE WITH THIS TITLE, AND WHETHER THEY EXCEED SUCH
COSTS. THE RESULTS OF SUCH AUDIT SHALL BE SUBMITTED TO THE COMMISSIONER
TOGETHER WITH THE ANNUAL REPORT PROVIDED FOR IN THIS SECTION.
2. STARTING WITH YEAR TWO OF THE APPROVED PLAN, THE STEWARDSHIP ORGAN-
IZATION SHALL DEMONSTRATE TO THE AUDITOR THAT A FINANCIAL RESERVE EXISTS
THAT WILL FINANCE THE ORGANIZATION'S ACTIVITIES FOR AT LEAST SIX MONTHS.
3. AT THE CLOSE OF EACH CALENDAR YEAR IN WHICH A STEWARDSHIP PLAN IS
IN EFFECT, THE STEWARDSHIP ORGANIZATION SHALL SUBMIT A REPORT TO THE
COMMISSIONER AND STEWARDSHIP ADVISORY BOARD CONTAINING THE FOLLOWING
INFORMATION:
(A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
AND RECYCLE DISCARDED CARPET IN THE STATE;
(B) AN EVALUATION OF THE CONVENIENCE OF THE COLLECTION PROCESS FOR
CONSUMERS;
(C) THE WEIGHT OF DISCARDED CARPET COLLECTED, RECYCLED, AND OTHERWISE
DISPOSED OF;
(D) THE AMOUNT OF CARPET SOLD IN THE STATE DURING THE REPORTING PERI-
OD;
(E) AN ESTIMATE OF THE AMOUNT OF DISCARDED CARPET THAT HAS BEEN
COLLECTED FOR REUSE AND AN EVALUATION OF WHAT THE STEWARDSHIP ORGANIZA-
TION CAN DO TO INCREASE THE AMOUNT OF DISCARDED CARPET THAT IS REUSED;
(F) A DESCRIPTION OF THE COLLECTION INFRASTRUCTURE AND LISTING OF
COLLECTION SITES;
(G) A DESCRIPTION AND EVALUATION OF THE EDUCATION AND OUTREACH
PROGRAM, SAMPLES OF EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS AND
CARPET INSTALLERS, AND AN EVALUATION OF THE EFFECTIVENESS OF THE MATERI-
ALS AND METHODS USED TO DISSEMINATE THE MATERIALS;
(H) INFORMATION ON PROGRESS MADE TOWARDS RECYCLING TARGETS AND AN
EXPLANATION OF WHY PERFORMANCE GOALS WERE NOT MET, IF APPLICABLE;
(I) AN EVALUATION OF THE EFFECTIVENESS OF METHODS AND PROCESSES USED
TO ACHIEVE PERFORMANCE GOALS; AND
(J) RECOMMENDATIONS FOR ANY CHANGES TO THE PROGRAM.
S. 5027--A 11
§ 27-3235. ENFORCEMENT AND PENALTIES.
1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED
PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED
PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
ER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER
SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
2. ANY RETAILER OR DISTRIBUTOR WHO VIOLATES ANY PROVISION OF OR FAILS
TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGU-
LATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY
REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR
ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY
NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL
PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES.
3. ANY PRODUCER OR STEWARDSHIP ORGANIZATION WHO VIOLATES ANY PROVISION
OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE
OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND AN
ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS
FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR A SECOND
VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION, THE
PRODUCER OR STEWARDSHIP ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE
THAN THREE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN TWELVE
MONTHS OF ANY PRIOR VIOLATION, THE PRODUCER OR STEWARDSHIP ORGANIZATION
SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWENTY THOUSAND
DOLLARS AND AN ADDITIONAL PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY
DURING WHICH SUCH VIOLATION CONTINUES.
4. ALL PRODUCERS PARTICIPATING IN A STEWARDSHIP ORGANIZATION SHALL BE
JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED AGAINST THE
STEWARDSHIP ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE SEVENTY-ONE
OF THIS CHAPTER.
5. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR
PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL DENIED.
6. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
§ 27-3237. STATE PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO CARPET RECYCLING IS, BY THIS
TITLE, VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW
S. 5027--A 12
OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING
CARPET RECYCLING SHALL, UPON THE EFFECTIVE DATE OF THIS TITLE, BE
PREEMPTED; PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE
A PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF
CARPET.
§ 27-3239. PROCUREMENT.
STATE PROCUREMENT GUIDELINES SHALL SPECIFY A REQUIREMENT TO PURCHASE A
CERTAIN AMOUNT OF CARPET WITH A MINIMUM POST-CONSUMER RECYCLED CONTENT.
§ 27-3241. ANTI-COMPETITIVE CONDUCT.
1. A STEWARDSHIP ORGANIZATION THAT ORGANIZES THE COLLECTION, TRANS-
PORT, AND PROCESSING OF DISCARDED CARPETS, IN AN ACTION TO INCREASE THE
RECYCLING OF DISCARDED CARPETS BY A PRODUCER, STEWARDSHIP ORGANIZATION,
OR RETAILER THAT AFFECTS THE TYPES AND QUANTITIES BEING RECYCLED OR THE
COST AND STRUCTURE OF ANY RETURN PROGRAM SHALL NOT BE LIABLE FOR ANY
CLAIM OF A VIOLATION OF ANTI-TRUST, RESTRAINT OF TRADE, OR UNFAIR TRADE
PRACTICE ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM
PURSUANT TO THIS SECTION, INCLUDING SETTING AND COLLECTION OF A STEWARD-
SHIP CHARGE.
2. PROVIDED HOWEVER, SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO ANY AGREEMENT ESTABLISHING OR AFFECTING THE OUTPUT OR PRODUCTION OF
CARPET OR ANY AGREEMENT RESTRICTING THE GEOGRAPHIC AREA OR CUSTOMERS TO
WHICH CARPET WILL BE SOLD.
§ 27-3243. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
CLAUSE, SENTENCE OR PROVISION OF THIS TITLE, OR THE APPLICABILITY THERE-
OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 3. The state finance law is amended by adding a new section 92-kk to
read as follows:
§ 92-KK. CARPET ADMINISTRATIVE FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CARPET ADMINISTRA-
TIVE FUND".
2. THE CARPET ADMINISTRATIVE FUND SHALL CONSIST OF ALL REVENUE
COLLECTED FROM ADMINISTRATIVE FEES PURSUANT TO TITLE THIRTY-TWO OF ARTI-
CLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST
RECOVERIES, OR OTHER REVENUES COLLECTED PURSUANT TO TITLE THIRTY-TWO OF
ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, AND ANY
OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE USED FOR EXECUTION OF CARPET PROGRAM ADMINISTRATION PURSUANT TO
TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVA-
TION LAW, AND EXPENDED FOR THE PURPOSES AS SET FORTH IN TITLE THIRTY-TWO
OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 4. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
