Assembly Bill A2103

2025-2026 Legislative Session

Relates to extended producer responsibility for carpet

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2025-A2103 (ACTIVE) - Details

See Senate Version of this Bill:
S2097
Current Committee:
Assembly 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
Versions Introduced in 2023-2024 Legislative Session:
A10604, S9779

2025-A2103 (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.

2025-A2103 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2103
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04801-01-5

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