Senate Bill S9779

2023-2024 Legislative Session

Relates to extended producer responsibility for carpet

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S9779 (ACTIVE) - Details

See Assembly Version of this Bill:
A10604
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd Art 27 Title 33 Title Head, ren §27-3319 to be §27-3321, add §27-3319, En Con L

2023-S9779 (ACTIVE) - Summary

Limits liability of producers, representative organizations and retailers for antitrust, restraint of trade, or unfair trade practices arising from actions undertaken in accordance with a carpet collection program.

2023-S9779 (ACTIVE) - Sponsor Memo

2023-S9779 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9779
 
                             I N  S E N A T E
 
                               May 30, 2024
                                ___________
 
 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
   extended producer responsibility for carpet
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The title heading of title 33 of article 27 of the environ-
 mental conservation law, as added by chapter 795 of the laws of 2022, is
 amended to read as follows:
                    EXTENDED PRODUCER RESPONSIBILITY FOR
                        CARPET [COLLECTION PROGRAM]
   § 2. Section 27-3319 of the environmental conservation law  is  renum-
 bered  section  27-3321  and   a new section 27-3319 is added to read as
 follows:
 § 27-3319. LIMITS ON LIABILITY FOR ANTITRUST,  RESTRAINT  OF  TRADE,  OR
              UNFAIR TRADE PRACTICES.
   1.  A  PRODUCER, REPRESENTATIVE ORGANIZATION, OR RETAILER SHALL NOT BE
 LIABLE FOR ANY CLAIM OF A VIOLATION OF ANTITRUST, RESTRAINT OF TRADE, OR
 UNFAIR TRADE PRACTICE LAWS  ARISING  FROM    AN  ACTION  UNDERTAKEN,  IN
 ACCORDANCE  WITH A COLLECTION PROGRAM APPROVED BY THE DEPARTMENT, SOLELY
 TO INCREASE THE COLLECTION AND RECYCLING OF CARPET,  WHICH  AFFECTS  THE
 TYPES AND QUANTITIES BEING COLLECTED AND RECYCLED OR THE COST AND STRUC-
 TURE OF SUCH COLLECTION PROGRAM THAT THE PRODUCER, REPRESENTATIVE ORGAN-
 IZATION, OR RETAILER IS PARTICIPATING IN PURSUANT TO THIS TITLE.
   2.  PROVIDED, HOWEVER, SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
 TO ANY AGREEMENT ESTABLISHING THE PRICE OF CARPET, LIMITING  THE  OUTPUT
 OR PRODUCTION OF CARPET, RESTRICTING THE GEOGRAPHIC AREA OR CUSTOMERS TO
 WHICH CARPET WILL BE SOLD, OR UNREASONABLY DENYING A PRODUCER THE OPPOR-
 TUNITY  TO  PARTICIPATE  IN A REPRESENTATIVE ORGANIZATION'S PLAN FOR THE
 PURPOSE OF COMPLYING WITH THE PROVISIONS  OF  THIS  TITLE,  UNDER  TERMS
 COMPARABLE TO THOSE THAT APPLY TO OTHER PARTICIPATING PRODUCERS.
   3.  IN APPROVING OR REJECTING A PROPOSED PLAN OR PLAN AMENDMENT PURSU-
 ANT TO SECTION 27-3309 OF THIS TITLE, THE DEPARTMENT  MAY  CONSIDER,  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15706-02-4

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