* § 27-3309. Department responsibilities.

1. The department shall (a) maintain a list of producers who are
implementing or participating pursuant to section 27-3303 of this title,
(b) maintain a list of each such producer's brands, and (c) post such
lists on the department's website.

2. Beginning July first, two thousand 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.

3. The department shall post on its website each producer plan
approved by the department.

4. Within ninety days after receipt of a proposed plan or plan
amendment, the department shall approve or reject the plan or the plan
amendment. If the plan or plan amendment is approved, the department
shall notify the producer or representative organization in writing. If
the department rejects the plan or plan amendment, the department shall
notify the producer or representative organization in writing stating
the reason for rejecting the plan or plan amendment. A producer or
representative organization whose plan is rejected shall submit a
revised plan to the department within thirty days of receiving a notice
of rejection. If the department rejects the subsequent proposal, the
producer or producers at issue shall be out of compliance and subject to
enforcement provisions.

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-seven and every two years thereafter. 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
requirements of this title; and

(d) recommendations for any changes to this title.

6. Starting four years after the plan is approved by the department
pursuant to this section, the department shall impose a penalty of
twenty-five cents per pound to be assessed on the producer or
representative organization for the number of additional pounds of
carpet that would have needed to be recycled through the program to
achieve the performance goals specified 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 ninety-two-s of the state finance
law.

* NB Effective December 28, 2024