* § 27-3303. Producer plan.

1. No later than December thirty-first, two thousand 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.

2. A producer may satisfy the carpet collection program requirement of
this section by agreeing to participate collectively with other
producers. Any such collective carpet collection program shall notify
the department.

3. A producer or representative organization shall update the plan, as
needed, when there are changes proposed to the current program. A new
plan or amendment will be required to be submitted to the department for
approval when:

(a) there is a revision of the program's goals; or

(b) every three years from the date of approval of a previous plan.

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 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;
however, 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
information 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;

(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;

(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.

* NB Effective December 28, 2024