S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2206
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2023
                                ___________
 
 Introduced by M. of A. RIVERA -- read once and referred to the Committee
   on Environmental Conservation
 
 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:
 
   Section 1. Subdivisions 2, 3 and 10 of section 27-3301 of the environ-
 mental conservation law, as added by 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,  are amended, a new opening paragraph and a new
 subdivision 3-a are added to read as follows:
   FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   2.  "Carpet" means a manufactured article that is (a) used [in commer-
 cial buildings or single or  multifamily  residential  buildings]  BY  A
 CONSUMER, (b) affixed or placed on the floor or building walking surface
 as a decorative or functional building interior or exterior feature, and
 (c)  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,  arti-
 ficial  turf,  a  pad or underlayment used in conjunction with a carpet.
 "Carpet" does not include handmade rugs, area rugs, or mats.
   3. "Closed loop recycling" means recycling in which materials that are
 reclaimed are returned to the original process  or  processes  in  which
 they  were generated [where] AND they are reused in the production proc-
 ess.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04004-01-3
              

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   3-A. "CARPET COLLECTION PROGRAM" OR "PROGRAM" MEANS A PROGRAM FINANCED
 AND IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR THROUGH  A  REPRE-
 SENTATIVE  ORGANIZATION,  THAT  PROVIDES FOR, BUT IS NOT LIMITED TO, THE
 COLLECTION, TRANSPORTATION, REUSE, RECYCLING, PROPER END-OF-LIFE MANAGE-
 MENT, OR AN APPROPRIATE COMBINATION THEREOF, OF DISCARDED CARPET.
   10. "Recycling" means to separate, dismantle or process the materials,
 components  or commodities contained in discarded carpet for the purpose
 of preparing the materials, components, or commodities for use or  reuse
 in  new products or components. "Recycling" does not include: (A) energy
 recovery or energy generation by any means, including  but  not  limited
 to, combustion, incineration, pyrolysis, gasification, solvolysis, waste
 to  fuel or any chemical conversion process[,]; or (B) landfill disposal
 of discarded carpet or discarded product component materials.
   § 2. Subdivisions 1 and 4 of  section  27-3303  of  the  environmental
 conservation law, as added by 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, are amended to read as follows:
   1.  No  later  than December thirty-first, two thousand [twenty-three]
 TWENTY-FIVE, a producer, either individually or cooperatively  with  one
 or  more producers, or a representative organization shall submit to the
 department for the department's approval a plan for the establishment of
 a carpet collection  program  that  meets  the  collection  requirements
 described in this section.
   4.  The  plan submitted by the producer or representative organization
 to the department under this section shall, at a minimum:
   (a) provide a list  of  each  participating  [provider]  PRODUCER  and
 brands covered by the program;
   (b) provide information on the products covered by the program;
   (c)  describe  how  the  producer  or representative organization will
 collect, transport, recycle, and process carpet;
   (d) describe how the program will provide for collection of carpet  in
 the  state,  free  of  cost  and in a manner convenient to consumers and
 carpet installers, including how the program will achieve, at a minimum,
 a convenience standard which ensures that all counties of the state  and
 all  municipalities  which  have a population of ten thousand or greater
 have at least one permanent collection site and one additional permanent
 collection site for every thirty thousand people located in those areas,
 that accepts carpet from consumers during normal business hours;  howev-
 er,  with  respect to a city having a population of one million or more,
 after consultation with the department of sanitation of such  city,  the
 department  may otherwise establish an alternative convenience standard.
 The producer or representative organization may coordinate  the  program
 with  existing  municipal waste collection infrastructure as is mutually
 agreeable.  Convenience standards shall be evaluated by  the  department
 periodically  and  the  department  may  require  additional  collection
 locations to ensure adequate consumer convenience;
   (e) describe in  detail  education  and  outreach  efforts  to  inform
 consumers,  carpet  installers  and  others engaged in the management of
 discarded carpet about the program including, at a minimum, an  internet
 website  and  a  toll-free  telephone  number  and  written  information
 included at the time of sale of carpet that provides sufficient informa-
 tion to allow a  consumer  to  learn  how  to  return  such  carpet  for
 disposal, recycling or reuse;
   (f)  describe  the  methods  to  be used to reuse or recycle discarded
 carpet;
 A. 2206                             3
 
   (g) describe the methods to be used to manage or dispose of  discarded
 carpet that cannot be recycled or reused;
   (h)  describe  how  the program will meet annual performance goals, as
 determined by the department, provided that at a  minimum,  the  program
 shall achieve the following recycling rates:
   (i)  a  thirty percent recycling rate for carpets of which ten percent
 shall be closed-loop recycling by five years after the plan is  approved
 by the department pursuant to section 27-3309 of this title;
   (ii)  a  fifty  percent  recycling  rate  for  carpets of which twenty
 percent shall be closed-loop recycling by ten years after  the  plan  is
 approved  by  the  department pursuant to section 27-3309 of this title;
 and
   (iii) a seventy-five percent recycling  rate  for  carpets,  of  which
 forty  percent shall be closed-loop recycling by fifteen years after the
 plan is approved by the department pursuant to section 27-3309  of  this
 title;
   (i)  describe  what,  if  any,  incentives  will  be used to encourage
 retailer participation;
   (j) describe the outreach and education methods that will be  used  to
 encourage municipal landfill and transfer station participation; [and]
   (k)  describe  the  sources of data and methodology for estimating the
 amount of carpet discarded in the state annually[.]; AND
   (L) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT.
   § 3. Section 27-3305 of the environmental conservation law,  as  added
 by 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, is amended to read as
 follows:
 § 27-3305. Producer responsibilities.
   1.  Beginning  not  later  than July first, two thousand [twenty-four]
 TWENTY-SIX, [or six months after the plan is approved under  subdivision
 four  of  section  27-3309  of  this title, whichever occurs later,] the
 producer or  representative  organization  shall  implement  the  carpet
 collection  program  utilizing  collection sites established pursuant to
 paragraph (d) of subdivision four of section 27-3303 of this title.
   2. A producer shall not sell, or offer for sale, carpet to any  person
 in  the  state unless the producer [and the producer's brands are regis-
 tered with the department pursuant to this section on and after the date
 of implementation of the carpet collection program] IS  IMPLEMENTING  OR
 PARTICIPATING UNDER AN APPROVED PLAN.
   3.  The program shall be free to the consumer, convenient and adequate
 to serve the needs of consumers in all areas of the state on an  ongoing
 basis.
   4.  A  producer  or representative organization shall maintain records
 demonstrating compliance with the provisions of this title and make them
 available for audit and inspection by the department  for  a  period  of
 three  years.  The  department  shall make such records available to the
 public upon request in accordance with the provisions of the state free-
 dom of information  law  and  the  regulations  promulgated  thereunder.
 Record  holders  shall  submit  the  records required to comply with the
 request within sixty working days of written notification by the depart-
 ment of receipt of the request.
   5. A producer or representative organization shall be responsible  for
 all  costs  associated  with the implementation of the carpet collection
 program, including but not limited to the cost of collection. A  produc-
 er, producers or representative organization shall pay costs incurred by
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 the  [state]  DEPARTMENT  in  the administration and enforcement of this
 title. Exclusive of fines and penalties, the  [state]  DEPARTMENT  shall
 only  [recover]  BE  REIMBURSED  its  actual  cost of administration and
 enforcement.
   6.  Any  person  who  becomes  a producer on or after December thirty-
 first, two thousand [twenty-three] TWENTY-FIVE shall submit  a  plan  to
 the  department, or notify the department that it has joined an existing
 plan, prior to selling or offering for sale in the state any carpet, and
 shall comply with the requirements of this title.
   7. On or before July first, two thousand  [twenty-five]  TWENTY-SEVEN,
 and annually thereafter, a producer or representative organization shall
 submit  a  report  to  the  department  that  includes, for the previous
 program year, a description of the program, including, but  not  limited
 to, the following:
   (a)  a detailed description of the methods used to collect, transport,
 and process carpet in the state, including detailing collection  methods
 made   available  to  consumers  and  an  evaluation  of  the  program's
 collection convenience;
   (b) identification of all collection sites in the state;
   (c) the weight of all of the producer's carpet collected in the  state
 by  method  of disposition, including reuse, recycling and other methods
 of processing or disposal;
   (d) an evaluation of whether the performance goals and recycling rates
 have been achieved;
   (e) the total cost of implementing the program;
   (f) samples of all educational materials provided to consumers  and  a
 detailed  list  of  efforts  undertaken and an evaluation of the methods
 used to disseminate such materials including  recommendations,  if  any,
 for how the educational component of the program can be improved; and
   (g) any other information required by the department.
   8. On or before January first of each program year following implemen-
 tation  of  the  plan  pursuant  to  section 27-3303 of this title, each
 producer, group of producers or representative organization shall submit
 a report to the department that  assesses  compliance  with  performance
 goals and describes any modifications necessary to achieve such goals.
   §  4.  Section 27-3307 of the environmental conservation law, as added
 by 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, is amended to read as
 follows:
 § 27-3307. Retailer requirements.
   1. Beginning July first, two  thousand  [twenty-four]  TWENTY-SIX,  no
 retailer  may  sell  or  offer  for  sale carpet in the state unless the
 producer of such carpet is participating in a carpet collection program.
 A retailer shall be in compliance with this section if, on the date  the
 carpet  was offered for sale, the producer is listed on the department's
 website as implementing or participating in an approved  program  or  if
 the carpet brand is listed on the department's website as being included
 in the program.
   2. Any retailer may participate, on a voluntary basis, as a designated
 collection  site  pursuant to a carpet collection program and in accord-
 ance with all applicable laws and regulations.
   § 5. Subdivisions 2 and 5 of  section  27-3309  of  the  environmental
 conservation law, as added by a chapter of the laws of 2022 amending the
 environmental   conservation  law  relating  to  establishing  a  carpet
 A. 2206                             5
 
 collection program, as proposed in legislative bills numbers  S.  5027-C
 and A. 9279-A, are amended to read as follows:
   2.  Beginning  July  first, two thousand [twenty-four] TWENTY-SIX, the
 department shall post on its website  the  location  of  all  collection
 sites  identified  to  the  department  by the producer in its plans and
 annual reports.
   5. The department shall submit a report regarding  the  implementation
 of  this  title  in  this state to the governor and legislature by April
 first, two thousand [twenty-five] TWENTY-SEVEN and every two years ther-
 eafter. The report shall include, at a minimum, an evaluation of:
   (a) the stream of carpet in the state;
   (b) disposal, recycling and reuse rates in the state for carpet;
   (c) a discussion of compliance and enforcement related to the require-
 ments of this title; and
   (d) recommendations for any changes to this title.
   § 6. Subdivision 5 of section 27-3311 of the  environmental  conserva-
 tion  law,  as added by a chapter of the laws of 2022 amending the envi-
 ronmental conservation law relating to establishing a carpet  collection
 program,  as  proposed  in  legislative  bills  numbers S. 5027-C and A.
 9279-A, is amended to read as follows:
   5. The board shall meet at least [quarterly] BIANNUALLY by call of the
 chair.
   § 7. Section 27-3313 of the environmental conservation law,  as  added
 by 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, is amended to read as
 follows:
 § 27-3313. Labeling and design requirements.
   1.  On and after one year after the plan is approved by the department
 pursuant to section 27-3309 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; and
   (b) Carpet material, composition, and type of construction.
   2. On and after  December  thirty-first,  two  thousand  [twenty-four]
 TWENTY-SIX,  no  carpet  sold  or  offered  for  sale in the state shall
 contain or be treated with PFAS substances for any purpose.
   § 8. Section 27-3317 of the environmental conservation law,  as  added
 by 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, is amended to read as
 follows:
 § 27-3317. Penalties.
   Any  producer,  REPRESENTATIVE  ORGANIZATION, OR RETAILER who violates
 any provision of or fails to perform any duty imposed pursuant  to  this
 title  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.
 Civil  penalties  shall be assessed by the department after a hearing or
 opportunity to be heard pursuant to the provisions of section 71-1709 of
 this chapter.
   § 9. Section 3 of a chapter of the laws of 2022, amending the environ-
 mental conservation law relating to  establishing  a  carpet  collection
 program,  as  proposed  in  legislative  bills  numbers S. 5027-C and A.
 9279-A, is amended to read as follows:
 A. 2206                             6
 
   § 3. This act shall take effect [immediately] TWO YEARS AFTER IT SHALL
 HAVE BECOME A LAW.
   §  10. This act shall take effect immediately; provided, however, that
 sections one, two, three, four, five, six, seven and eight of  this  act
 shall  take  effect on the same date and in the same manner as a chapter
 of the laws of 2022, amending the environmental conservation law  relat-
 ing to establishing a carpet collection program, as proposed in legisla-
 tive bills numbers S. 5027-C and A. 9279-A, takes effect.