•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

AB5792 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5792
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  KAVANAGH, LUPARDO, ROBINSON -- read once and
          referred to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing a carpet stewardship program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Declaration of legislative intent and findings.  (a) It  is
     2  the  policy  of the state of New York to promote and support a system of
     3  sustainable solid waste management that minimizes  waste  and  maximizes
     4  recycling  and  the  use  of  recyclable  materials,  and to develop new
     5  markets for recycled products and materials.
     6    (b) The legislature finds and declares all of the following:
     7    (i) Carpet waste is heavy and  bulky  and  imposes  significant  solid
     8  waste  management  cost  on  municipalities  because  it is expensive to
     9  dispose.  Very little discarded carpet is recycled in the state.
    10    (ii) The New  York  state  department  of  environmental  conservation
    11  adopted  on December 27, 2010 a new solid waste management plan entitled
    12  "Beyond Waste, A Sustainable Materials Management Strategy for New  York
    13  State",  in  which product stewardship is a centerpiece of the new solid
    14  waste management plan of the state.
    15    (iii) Carpet was one of the few products listed by the New York  state
    16  department of environmental conservation as most suited to a stewardship
    17  approach based on research and feedback from stakeholders.
    18    §  2.  Article  27 of the environmental conservation law is amended by
    19  adding a new title 28 to read as follows:
    20                                  TITLE 28
    21                             CARPET STEWARDSHIP
    22  Section 27-2801. Short title and definitions.
    23          27-2803. Manufacturer removal, acceptance and recycling.
    24          27-2805. Manufacturer registration and responsibilities.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04533-01-5

        A. 5792                             2
 
     1          27-2807. Wholesaler,  retailer,  flooring  and  floor   covering
     2                     contractor and consumer requirements.
     3          27-2809. Carpet stewardship plan.
     4          27-2811. Department responsibilities.
     5          27-2813. Annual reporting requirements.
     6          27-2815. Preemption.
     7          27-2817. Disposition of fees and penalties.
     8          27-2819. Enforcement.
     9          27-2821. State agencies' responsibilities.
    10          27-2823. Miscellaneous.
    11  § 27-2801. Short title and definitions.
    12    1.  This title may be known as and may be cited as the "New York state
    13  carpet stewardship law".
    14    2. The definitions in this section apply throughout this title  unless
    15  the context clearly requires otherwise.
    16    (a)  "Brand"  means  a name, symbol, word, or mark that identifies the
    17  carpet, rather than its components, and attributes  the  carpet  to  the
    18  owner or licensee of the brand as the manufacturer.
    19    (b)  "Carpet" means a manufactured article that is used in commercial,
    20  institutional or residential buildings affixed or placed on the floor or
    21  building walking surface as a decorative or functional building interior
    22  or exterior feature and that is primarily constructed of a  top  visible
    23  surface of synthetic face fibers or yarns or tufts attached to a backing
    24  system  derived  from synthetic or natural materials. "Carpet" includes,
    25  but is not limited to, a commercial or a residential  broadloom  carpet,
    26  modular carpet tiles, and a pad or underlayment used in conjunction with
    27  a  carpet.   "Carpet" does not include rugs, defined as a floor covering
    28  that does not extend over the entire floor and is area specific; movable
    29  floor covering; or mats, defined as a piece of fabric made of plaited or
    30  woven rushes, straw, hemp, or similar fiber, or  of  some  other  pliant
    31  material,  used  as  a  movable  protective covering on a floor or other
    32  surface.
    33    (c) "Carpet stewardship" means that all parties involved in designing,
    34  manufacturing, selling, installing and using carpet take  responsibility
    35  for  managing  and  reducing  the life-cycle impacts of the carpet, from
    36  product design to end-of-life management.  Life-cycle  impacts  include,
    37  but  are not limited to, energy and materials consumption, air and water
    38  emissions, the amount of hazardous substances in the product, worker and
    39  consumer exposure and reuse, recycling and waste disposal.
    40    (d) "Carpet stewardship organization" means a person appointed by  one
    41  or  more  manufacturers  to act on behalf of the manufacturer to design,
    42  submit, and administer a carpet stewardship plan under this title.
    43    (e) "Carpet stewardship plan" means a plan written  by  an  individual
    44  manufacturer  or  a carpet stewardship organization, on behalf of one or
    45  more manufacturers, which describes  the  manner  in  which  the  carpet
    46  stewardship  program  will  be implemented in the state through methods,
    47  processes, techniques, systems, and services financed  and  provided  by
    48  manufacturers  of  carpet. The carpet stewardship plan shall include all
    49  of the information required by section 27-2809 of this title.
    50    (f) "Consumer" means any person who purchases, owns, or leases  carpet
    51  for use.
    52    (g)  "Discarded  carpet"  means  carpet that is no longer used for its
    53  manufactured purpose, or is no longer wanted by a consumer. However, the
    54  term does not include carpet scrap generated during carpet production.
    55    (h) "Flooring and Floor Covering" means  material  used  to  make  the
    56  surface  of  a  floor above the sub-floor including, but not limited to,

        A. 5792                             3
 
     1  carpet, linoleum, vinyl, or rubber rolls and tile; natural and synthetic
     2  stone tiles; or planks, sections, or squares cut or assembled from wood,
     3  bark, or other plant or synthetic materials.
     4    (i) "Flooring and Floor Covering Contractor" means any person or enti-
     5  ty  which operates a business that installs, replaces, or removes floor-
     6  ing or floor covering, or that undertakes, offers to undertake or agrees
     7  to install, replace, or remove flooring or floor covering for a fee; and
     8  for which the total cost of all of his or her flooring or floor covering
     9  contracts with all its  customers  exceeds  one  thousand  five  hundred
    10  dollars  during any period of twelve consecutive months. Such term shall
    11  not include a person, firm, landlord, cooperative corporation, condomin-
    12  ium board of managers, joint tenant or co-tenant that owns, in whole  or
    13  in part, the real property to be improved.
    14    (j)  "Manufacturer"  means: (1) the person who manufactures and sells,
    15  offers for sale, or distributes the  carpet  in  the  state  under  that
    16  person's  own  name or brand; (2) if there is no person who manufactures
    17  and sells, offers for sale, or distributes the carpet in the state under
    18  the person's own name or brand, the manufacturer is the owner or  licen-
    19  see  of  a trademark or brand under which the carpet is sold or distrib-
    20  uted in the state, whether or not the trademark is registered;  and  (3)
    21  if there is no person who is a manufacturer of the carpet under subpara-
    22  graph  one  or two of this paragraph, the manufacturer of that carpet is
    23  the person who imports the carpet into the state for  sale  or  distrib-
    24  ution.
    25    (k) "Municipality" means a county, city, town or village.
    26    (l)  "Person"  means  any  individual,  business  entity, partnership,
    27  company, corporation, limited liability  company,  non-profit  organiza-
    28  tion,  association,  governmental entity, educational or cultural insti-
    29  tutions, public benefit corporation, or any other group of  individuals,
    30  or any officer or employee or agent thereof.
    31    (m)  "Recycling"  means  the  transforming  or  remanufacturing  of  a
    32  discarded carpet or the discarded carpet's components  and  by-products,
    33  or  carpet  scraps  generated  during  carpet production, into usable or
    34  marketable materials which shall be respectful of  the  environment  and
    35  public health.  "Recycling" does not include landfill disposal, inciner-
    36  ation  or  energy  recovery  or energy generation by means of combusting
    37  discarded carpets.
    38    (n) "Reasonable condition" means fifty percent or less of a carpet has
    39  damage due to fire, flood, smoke, or mold.
    40    (o) "Retailer" means a person who sells or offers for sale  carpet  in
    41  this state to a consumer.
    42    (p)  "Reuse" means a change in ownership of a carpet or component in a
    43  carpet for use  in  the  same  manner  and  purpose  for  which  it  was
    44  originally produced.
    45    (q)  "Sell" or "sales" means a transfer of title of carpet for consid-
    46  eration, including a remote sale conducted through a sales outlet, cata-
    47  log, internet web site, or similar electronic  means.  For  purposes  of
    48  this title, "sell" or "sales" includes a lease through which a carpet is
    49  provided to a consumer by a manufacturer, wholesaler, or retailer.
    50    (r) "Wholesaler" means every person who sells or distributes carpet in
    51  the  state  in a sale that is not a retail sale, and in which the carpet
    52  is intended to be resold.
    53  § 27-2803. Manufacturer removal, acceptance and recycling.
    54    1. Beginning July first, two thousand  seventeen,  a  manufacturer  of
    55  carpet  or  a  carpet stewardship organization working on behalf of such
    56  manufacturer shall remove, accept, transport and recycle  or  reuse  any

        A. 5792                             4
 
     1  discarded  carpet  including  discarded carpet removed and accepted from
     2  consumers or through wholesalers,  retailers,  and  flooring  and  floor
     3  covering contractors pursuant to this title.
     4    2. The removal and acceptance of discarded carpet shall be done prima-
     5  rily,  but  not  exclusively,  through  the  manufacturer's wholesalers,
     6  retailers and any flooring and floor covering contractors.
     7    3. The manufacturer, at the manufacturer's cost, shall  make  arrange-
     8  ments with its wholesalers, retailers, and any flooring and floor cover-
     9  ing  contractors  for  the removal, acceptance, transport, recycling and
    10  reuse of discarded carpet accepted pursuant to the  provisions  of  this
    11  title  and  shall  provide for a location for such wholesaler, retailer,
    12  and flooring and floor covering contractor  to  send  removed  discarded
    13  carpet.    Such  arrangements  may  include,  but  are  not  limited to,
    14  contracts or other agreements  with  third  parties  such  as  recycling
    15  facilities.  In  order  to  facilitate carpet recycling, the removal and
    16  acceptance process shall require source separation and ensure the carpet
    17  is in a condition allowing its recycling  or  reuse.  The  manufacturer,
    18  wholesaler,  retailer, and flooring and floor covering contractors shall
    19  not refuse to remove or accept any carpet in reasonable condition.
    20    4. Beginning in calendar year two thousand eighteen, the  manufacturer
    21  shall  comply  with  the  recycling  and  reuse goals established in its
    22  carpet stewardship plan required by section 27-2809 of this  title.  The
    23  recycling  and  reuse  goal  for  a given year established in the carpet
    24  stewardship plan shall at a minimum be equal  to  the  total  weight  of
    25  carpet  sold  by a manufacturer in the state during such year multiplied
    26  by the statewide recycling and  reuse  percentage  rate  established  in
    27  subdivision five of this section.
    28    5.  The  statewide  recycling  and  reuse  percentage rate shall be as
    29  follows:
    30    (a) for calendar years two thousand eighteen and  two  thousand  nine-
    31  teen:  twenty-five percent.
    32    (b)  for  calendar  years two thousand twenty and two thousand twenty-
    33  one:  forty percent.
    34    (c) for calendar years two thousand twenty-two and two thousand  twen-
    35  ty-three:  sixty percent.
    36    (d) for calendar years two thousand twenty-four and two thousand twen-
    37  ty-five: seventy-five percent.
    38    (e)  for calendar year two thousand twenty-six and thereafter: ninety-
    39  five percent or more.
    40    The total weight of carpet recycled  or  reused  by  the  manufacturer
    41  includes  carpet of any brand accepted by the manufacturer for recycling
    42  or reuse, and is not limited to the manufacturer's brand.
    43    6. A manufacturer or the carpet stewardship organization on behalf  of
    44  the  manufacturer  may  petition the department for an adjustment to the
    45  statewide recycling and reuse percentage rate. The department may  grant
    46  an  adjustment  to the statewide recycling and reuse percentage rate for
    47  the manufacturer only if the department determines there are  documented
    48  exigent circumstances that are beyond the control of the manufacturer.
    49    7. Beginning in the calendar year two thousand eighteen, a manufactur-
    50  er  who  does not comply with its annual recycling and reuse goal estab-
    51  lished in its carpet stewardship plan in any year shall pay a  recycling
    52  surcharge  equal  to  the  average cost of recycling the total weight of
    53  additional carpet that the manufacturer was required to recycle or reuse
    54  pursuant to subdivision four of this section. The average cost of  recy-
    55  cling shall be fifteen cents per pound; provided that the department may
    56  revise the average cost of recycling from time to time on its own initi-

        A. 5792                             5
 
     1  ative  or  upon  a  petition  by  a manufacturer or a carpet stewardship
     2  organization. The recycling surcharge for any year shall be paid at  the
     3  time  of  submission  of  the  annual  report for that calendar year, as
     4  required in section 27-2813 of this title.
     5    8.    Beginning  in  the  calendar  year  two  thousand nineteen, if a
     6  manufacturer's rate of recycling and reuse of carpets exceeds  the  goal
     7  provided  in  paragraph  (e)  of  subdivision  five of this section, the
     8  excess may be used as recycled carpet credits and may be  sold,  traded,
     9  or  banked  for  a period no longer than three calendar years succeeding
    10  the year in which the credits were earned; provided,  however,  that  no
    11  more than twenty percent of a manufacturer's obligation for any calendar
    12  year may be met with recycled carpet credits generated in a prior calen-
    13  dar year or purchased.
    14  § 27-2805. Manufacturer registration and responsibilities.
    15    1.  By April first, two thousand seventeen, prior to selling or offer-
    16  ing for sale in the state  any  carpet,  a  manufacturer  shall,  either
    17  directly or through a carpet stewardship organization: (a) register with
    18  the  department  using  the carpet stewardship program registration form
    19  prescribed by the department and available on the  department's  website
    20  and  pay  a  registration  fee of ten thousand dollars; and (b) submit a
    21  carpet stewardship plan to the department.
    22    2. At a minimum, the manufacturer shall list on the carpet stewardship
    23  program registration form its wholesalers and retailers as well  as  the
    24  gross amount of carpet (in tons and US dollars) sold in the state during
    25  the previous three calendar years.
    26    3.  A  manufacturer's  registration  is  effective upon fulfilling the
    27  requirements of subdivision one of this section.
    28    4.  A manufacturer shall update its registration within thirty days of
    29  any material change to the information required in the  carpet  steward-
    30  ship program registration form or the carpet stewardship plan.
    31    5.  The  manufacturer shall post on its website the carpet stewardship
    32  plan submitted to the department and the date  of  registration  of  the
    33  manufacturer with the department.
    34    6.  The  manufacturer shall develop educational materials to encourage
    35  the removal and acceptance, recycling and reuse of discarded carpet  and
    36  shall make those materials available to wholesalers, retailers, flooring
    37  and floor covering contractors and consumers. Such educational materials
    38  shall  include  statewide  information campaigns regarding the mandatory
    39  removal, acceptance, transport  and  recycling  or  reuse  of  discarded
    40  carpet  in the state. The content of such campaigns shall be coordinated
    41  with the department, the environmental services  unit  of  empire  state
    42  development,  the  carpet stewardship organization and other manufactur-
    43  ers.
    44    7.  Beginning with calendar year two thousand twenty, and every  three
    45  years  thereafter, a manufacturer or the carpet stewardship organization
    46  on behalf of the manufacturer shall retain a third-party  to  audit  the
    47  manufacturer's  recycling  and  reuse  program to demonstrate compliance
    48  with the provisions of this title. A manufacturer or the carpet steward-
    49  ship organization on behalf  of  the  manufacturer  shall  maintain  the
    50  result  of this audit for a period of three years. Results of this audit
    51  shall be made available to the department upon request.
    52  § 27-2807. Wholesaler, retailer, flooring and floor covering  contractor
    53               and consumer requirements.
    54    1.  A  wholesaler,  retailer or flooring and floor covering contractor
    55  shall not distribute, sell or install carpet of a manufacturer  (a)  who
    56  is  not  registered  with  the department, or (b) is registered with the

        A. 5792                             6
 
     1  department but is not in compliance with the provisions of  this  title.
     2  In  the  event  the  registration of the manufacturer was revoked by the
     3  department or withdrawn by the manufacturer, a wholesaler,  retailer  or
     4  flooring  and floor covering contractor may continue to distribute, sell
     5  or install the carpet of such manufacturer for a period of  one  hundred
     6  eighty days from the date the registration was revoked or withdrawn.
     7    2.  At  the  point  of  sale of carpet, a wholesaler or retailer shall
     8  provide consumers with information about removal, acceptance,  transport
     9  and recycling and reuse of discarded carpet.
    10    3.  A  wholesaler or retailer shall promptly and safely remove, accept
    11  and transport, or arrange for removal, acceptance and transportation  of
    12  discarded  carpet  upon submission of a written request by a consumer in
    13  person or by mail, email, or online form.
    14    (a) The requirements of this subdivision shall apply  whether  or  not
    15  the consumer purchased carpet from such wholesaler or retailer.
    16    (b) A manufacturer, wholesaler or retailer shall make available at the
    17  point  of  sale  or online a form for use by a consumer to submit such a
    18  written request. Such form shall contain the  name,  address,  telephone
    19  number  and  email address of the consumer and the following information
    20  about the carpet: approximate  size,  condition  and  location,  and  if
    21  known, components, materials and brand.
    22    (c)  Removal  or  causing removal of discarded carpet pursuant to this
    23  subdivision shall include pulling up the  carpet,  whether  or  not  the
    24  carpet is replaced.
    25    (d)  Upon  removal of the discarded carpet from its location, a whole-
    26  saler or retailer shall, as soon  as  practicable,  send  the  discarded
    27  carpet  to  the  location provided by the manufacturer. The manufacturer
    28  shall be responsible for the cost of transporting the  discarded  carpet
    29  from its removal location to the location provided by the manufacturer.
    30    4.  A  flooring  and floor covering contractor shall provide consumers
    31  who contract with such flooring and floor covering contractor to install
    32  or replace flooring or floor covering with  information  about  removal,
    33  acceptance,  transport, recycling and reuse of discarded carpet, includ-
    34  ing a form for submitting a written request to remove discarded  carpet.
    35  Such  form  shall  contain the name, address, telephone number and email
    36  address of the consumer and the following information about the  carpet:
    37  approximate  size,  condition  and  location,  and if known, components,
    38  materials and brand.
    39    5. Upon receipt of a written request from  a  consumer  who  contracts
    40  with  a  flooring  and  floor  covering contractor to install or replace
    41  flooring or floor covering, or a retailer, a wholesaler or a manufactur-
    42  er who retains a flooring  and  floor  covering  contractor,  to  remove
    43  discarded  carpet,  such  flooring  and  floor covering contractor shall
    44  promptly and safely remove or cause to be removed the discarded  carpet.
    45  The  manufacturer  shall  be  responsible  for  the cost of removing the
    46  discarded carpet.
    47    6. Every flooring  and  floor  covering  contractor  who  installs  or
    48  replaces flooring or floor covering for a consumer shall remove, accept,
    49  and  transport  such discarded carpet from the premises of such consumer
    50  no later than the time the contracted  work  is  completed.  Removal  or
    51  causing  removal  of discarded carpet pursuant to this subdivision shall
    52  include pulling up the carpet, whether or not the  carpet  is  replaced.
    53  Upon  removal  of the discarded carpet from its location, a flooring and
    54  floor covering contractor  shall,  as  soon  as  practicable,  send  the
    55  discarded  carpet  to  the location provided by the manufacturer or to a
    56  wholesaler or retailer to send to the location provided by the  manufac-

        A. 5792                             7
 
     1  turer.  The manufacturer shall be responsible for the cost of transport-
     2  ing the discarded carpet from  its  removal  location  to  the  location
     3  provided by the manufacturer.
     4    7.  A  flooring and floor covering contractor shall not be required to
     5  remove, accept, and transport carpet from the  premises  of  a  consumer
     6  when:
     7    (a)  The  consumer requests to retain custody of all or any portion of
     8  the carpet, and the flooring and floor covering contractor:
     9    (i) Removes all carpet which the customer does  not  elect  to  retain
    10  custody of, and
    11    (ii) Informs the customer that he or she is responsible for the proper
    12  management  of the carpet in accordance with applicable law, and obtains
    13  a statement, signed by the  customer,  attesting  that  he  or  she  has
    14  elected  to retain custody of the carpet, the approximate square yardage
    15  of the retained carpet  and  acknowledging  that  he  or  she  has  been
    16  informed  of  his or her responsibility for the proper management of the
    17  carpet, including any costs associated with the acceptance thereof by or
    18  on behalf of the appropriate municipality, or by a  contracted  licensed
    19  hauler; or
    20    (b)  The  consumer  has  not  contracted  with such flooring and floor
    21  covering contractor to install or replace flooring or floor covering, or
    22  a retailer, a wholesaler or a manufacturer has not contracted with  such
    23  flooring  and  floor  covering  contractor  to install flooring or floor
    24  covering or to remove, accept, and transport discarded carpet from  such
    25  consumer.
    26    8.  Beginning  January first, two thousand twenty, any consumer in the
    27  state who wishes to dispose of any  discarded  carpet  shall  contact  a
    28  manufacturer, wholesaler, retailer, flooring and floor covering contrac-
    29  tor  or  recycling  facility  to  organize the removal and acceptance of
    30  discarded carpet.
    31    9. On a monthly basis, a wholesaler, retailer or  flooring  and  floor
    32  covering contractor shall communicate in writing to the manufacturer the
    33  weight  of  discarded  carpet that has been accepted by such wholesaler,
    34  retailer or flooring and floor  covering  contractor  for  recycling  or
    35  reuse.
    36  § 27-2809. Carpet stewardship plan.
    37    1.  Each  carpet  stewardship  plan  shall  address  the environmental
    38  impacts of carpet over its entire life cycle, including  carpet  design,
    39  manufacture,  and distribution, and the removal, acceptance, transporta-
    40  tion, reuse, recycling, and final disposition of discarded carpet.
    41    2. An updated carpet  stewardship  plan  shall  be  submitted  to  the
    42  department at least every five years.
    43    3.  The  plan  shall  include,  at  a  minimum,  all  of the following
    44  elements:
    45    (a) Identification and contact information for (i) the person  submit-
    46  ting  the  plan; (ii) the manufacturer or manufacturers participating in
    47  the carpet stewardship plan; and (iii)  if  a  stewardship  organization
    48  implements  the  carpet stewardship plan on behalf of manufacturers, the
    49  carpet stewardship organization, including a description of  the  carpet
    50  stewardship  organization,  its  management  and  administration and the
    51  tasks to be performed by the carpet stewardship organization;
    52    (b) A description of the brands of carpet covered by the plan;
    53    (c) A list of the manufacturer's wholesalers and retailers;
    54    (d) A list of the recycling  facilities  that  will  be  used  by  the
    55  manufacturer  including  the  addresses  and  telephone  numbers of such

        A. 5792                             8
 
     1  facilities, and their average costs of handling and recycling  discarded
     2  carpet;
     3    (e)  Goals,  over  a  five-year  period.  The  goals shall include the
     4  following:
     5    (1) The carpet recycling and reuse goals; and
     6    (2) A description of carpet designing and materials content,  manufac-
     7  turing,  packaging,  distribution, and end-of-life management goals. The
     8  goals shall address the use of virgin materials in  the  manufacture  of
     9  the  carpet, the impact upon, or use of, water or energy in the manufac-
    10  ture of the carpet, the use of, or generation of  hazardous  substances,
    11  in the manufacture of the carpet, the impact of the carpet on greenhouse
    12  gas  emissions,  the  carpet's  longevity,  the  recycled content of the
    13  carpet, and recyclability, where applicable;
    14    (f) The methods and processes used  to  increase  the  acceptance  and
    15  recycling or reuse of discarded carpet and the recyclability of carpet;
    16    (g)  The  strategies used to incentivize the market growth of recycled
    17  products made from discarded carpet and to develop recycling infrastruc-
    18  ture in the state;
    19    (h) An overview of the roles and responsibilities of key players along
    20  the distribution chain;
    21    (i) Education and outreach activities to consumers, flooring and floor
    22  covering  contractors,  wholesalers,  retailers  and  other   interested
    23  parties; and
    24    (j)  A  detailed  financing mechanism to carry out the plan, including
    25  but not limited to the administrative, operational, and capital costs of
    26  the plan.
    27  § 27-2811. Department responsibilities.
    28    1. The department shall post on its website the list of  the  manufac-
    29  turers  who  have registered with the department together with a link to
    30  each manufacturer's website and carpet stewardship plan.
    31    2. The department's website shall be updated periodically  to  reflect
    32  whether a manufacturer is or is not in compliance with the provisions of
    33  this title.  In the event the registration of a manufacturer was revoked
    34  by the department or withdrawn by the manufacturer, the department shall
    35  send  written  notification  of this fact to all wholesalers, retailers,
    36  and flooring and floor covering contractors listed in said manufacturers
    37  carpet stewardship plan within thirty days.
    38    3. The department may  conduct  randomly  selected  audits  to  verify
    39  compliance by a manufacturer with the provisions of this title.
    40    4.  The  department may provide information to manufacturers regarding
    41  the availability of recycling  facilities  and  companies  that  remove,
    42  accept,  transport, recycle and/or reuse discarded carpet, including the
    43  addresses and phone numbers of such facilities.
    44    5. In order to assist in the creation and development of carpet  recy-
    45  cling infrastructure in the state as well as in developing market oppor-
    46  tunities  for recycled products and materials, the department, the envi-
    47  ronmental  services  unit  of  empire  state  development,  and   carpet
    48  stewardship  organizations may form a carpet stewardship program support
    49  unit headquartered within the  environmental  services  unit  of  empire
    50  state  development.  The  environmental  services  unit  of empire state
    51  development shall have  primary  responsibility  to  manage  the  carpet
    52  stewardship  program  support  unit.  The role of the carpet stewardship
    53  program support unit shall  be  to  provide  assistance  and  coordinate
    54  efforts  to create in the state recycling infrastructure and markets for
    55  recycled products and materials.

        A. 5792                             9
 
     1    6. The department, the carpet stewardship program support unit  within
     2  the  environmental  services  unit  of  empire state development, carpet
     3  stewardship organizations and manufacturers shall launch statewide coor-
     4  dinated information campaigns, at the manufacturers' costs, using  vari-
     5  ous  communication  instruments  such as the internet, newspapers, tele-
     6  vision, radio and movie  theaters,  to  inform  and  educate  consumers,
     7  flooring and floor covering contractors, retailers and wholesalers about
     8  the  mandatory  removal, acceptance, transport and recycling or reuse of
     9  discarded carpet.
    10    7. On or before January first, two thousand  twenty,  and  every  four
    11  years  thereafter,  the department shall submit a report to the governor
    12  and the legislature describing the results  of  the  carpet  stewardship
    13  program  and  recommending  whether  to  undertake  any modifications to
    14  improve its functioning and efficiency. At a minimum  the  report  shall
    15  include:
    16    (a) an evaluation of the carpet waste stream in the state;
    17    (b) recycling and reuse rates in the state for carpet;
    18    (c) an evaluation of compliance and enforcement actions;
    19    (d)  a  discussion  of  opportunities  for business development in the
    20  state related to the removal, acceptance,  transport  and  recycling  or
    21  reuse of carpet in the state.
    22    8. The department is authorized to promulgate rules and regulations it
    23  deems necessary to implement the provisions of this title.
    24  § 27-2813. Annual reporting requirements.
    25    1.  The manufacturer or the carpet stewardship organization, whichever
    26  is applicable, shall prepare and submit to the department, by May  first
    27  each  year  an  annual report describing the activities conducted during
    28  the prior calendar  year  to  implement  the  carpet  stewardship  plan,
    29  including:
    30    (a) Identification and contact information for: (1) the person submit-
    31  ting  the  annual  report;  (2)  the  manufacturer;  and  (3) the carpet
    32  stewardship organization, if applicable;
    33    (b) Goals achieved, including but not limited to: (1) the quantity and
    34  percentage rate of carpet accepted in the state for recycling and  reuse
    35  and  a comparison analysis with the goals of the prior year; and (2) how
    36  the carpet stewardship plan attained the goals established in such  plan
    37  or  the goals set by the department and, if the goals were not attained,
    38  what actions will be taken during the current reporting period to attain
    39  such goals;
    40    (c) The removal, acceptance, handling, transportation, processing  and
    41  disposal systems used;
    42    (d)  The education and outreach activities provided during the report-
    43  ing period to reach consumers, commercial building owners, institutions,
    44  wholesalers, retailers, flooring  and  floor  covering  contractors  and
    45  other interested parties;
    46    (e)  Steps  taken  to  manage and reduce the life-cycle impacts of the
    47  carpet, from product design to end-of-life management, including how the
    48  formulation, packaging and distribution of carpet have been improved  to
    49  reduce  waste,  reduce  toxicity,  reduce carbon footprint, reduce other
    50  environmental  impacts,  increase  recycled  content,  increase  product
    51  longevity and make products more easily recyclable;
    52    (f) The total cost of implementing the carpet stewardship plan; and
    53    (g) Any other information that the department may reasonably require.
    54    2.  The  annual  report required under subdivision one of this section
    55  shall be submitted to the department together with an annual administra-

        A. 5792                            10
 
     1  tive processing fee in the amount  of  five  thousand  dollars  and  any
     2  surcharge required to be paid under section 27-2803 of this title.
     3    3.  The  department  may  require annual reports to be filed electron-
     4  ically.
     5  § 27-2815. Preemption.
     6    Any local law or ordinance which is inconsistent with any provision of
     7  this title or any rule or regulation  promulgated  thereunder  shall  be
     8  preempted.
     9  § 27-2817. Disposition of fees and penalties.
    10    All  fees collected pursuant to this title shall be deposited into the
    11  environmental conservation special revenue account to the credit of  the
    12  environmental regulatory account. All surcharges and penalties collected
    13  pursuant  to  this title shall be deposited into the solid waste account
    14  of the environmental protection fund established under  section  ninety-
    15  two-s  of  the  state  finance  law.  All fees, surcharges and penalties
    16  collected pursuant to this title shall be used exclusively to  implement
    17  the provisions of this title.
    18  § 27-2819. Enforcement.
    19    1. The department shall enforce all the provisions of this title.
    20    2.  Notwithstanding the provisions of subdivision one of this section,
    21  the department may, upon the request of  a  municipality,  delegate  the
    22  enforcement of the provisions of this title to a municipality. The muni-
    23  cipality  shall  submit  to the department a request to be authorized to
    24  enforce the provisions of this title. The department shall make a  deci-
    25  sion  on  the  request filed by the municipality within thirty days from
    26  the date of receipt of the municipality's request.
    27    3. The department may temporarily prevent a  manufacturer,  wholesaler
    28  or  retailer  who is not in compliance with the provisions of this title
    29  from selling or offering to sell any carpet in the state.
    30    4. Any manufacturer who fails to submit any report, registration form,
    31  fee, or surcharge to the department as required by this title  shall  be
    32  liable  for  a civil penalty not to exceed one thousand dollars for each
    33  day such report, registration form, fee, or surcharge is not submitted.
    34    5. Any manufacturer who violates any other  provision  of  this  title
    35  shall be liable for a civil penalty for each violation not to exceed one
    36  thousand  dollars  for  the  first  violation, two thousand five hundred
    37  dollars for the second violation and five thousand dollars for the third
    38  and subsequent violations of this title within a twelve-month period.
    39    6. Any wholesaler, retailer, or flooring and floor covering contractor
    40  who violates any provision of this title shall be  liable  for  a  civil
    41  penalty  for  each violation not to exceed two hundred fifty dollars for
    42  the first violation, five hundred dollars for the second  violation  and
    43  one  thousand  dollars  for  the third and subsequent violations of this
    44  title in a twelve-month period.
    45    7. Any consumer who violates any provision  of  this  title  shall  be
    46  liable  for  a civil penalty not to exceed two hundred fifty dollars for
    47  each violation.
    48    8. Civil penalties under this section shall be assessed by the depart-
    49  ment after a  hearing  or  opportunity  to  be  heard  pursuant  to  the
    50  provisions of section 71-1709 of this chapter, and, in addition thereto,
    51  such  person  may  by  similar  process be enjoined from continuing such
    52  violation. In the event a municipality has received  a  delegation  from
    53  the department pursuant to subdivision two of this section, civil penal-
    54  ties  shall  be  assessed  by  the designated authority or environmental
    55  control board of such municipality after a hearing or opportunity to  be
    56  heard.  All  civil  penalties collected for any violations of this title

        A. 5792                            11
 
     1  that have been imposed by a municipality shall be paid into the  general
     2  fund of such municipality.
     3    9.  Any  consumer  who was denied removal and acceptance of his or her
     4  discarded carpet by a manufacturer, a wholesaler, a retailer or a floor-
     5  ing and floor covering contractor may report such denial to the  depart-
     6  ment  or the designated authority within a municipality who has received
     7  a delegation from the department pursuant to  subdivision  two  of  this
     8  section.  Such consumer shall file a claim online with the department or
     9  the  designated  authority  within  a  municipality,  who has received a
    10  delegation from the department  pursuant  to  subdivision  two  of  this
    11  section,  indicating  the  date,  name and location of the manufacturer,
    12  wholesaler, retailer or  flooring  and  floor  covering  contractor  who
    13  refused  to  remove  and  accept the consumer's discarded carpet.   Upon
    14  review of the claim, the department or the designated authority within a
    15  municipality, who has received a delegation from the department pursuant
    16  to subdivision two of this section, shall investigate the  claim  within
    17  ninety  days  from  the date of receipt of the claim. Within one hundred
    18  twenty days from the date of receipt of the claim, the department or the
    19  designated authority within a municipality, who has  received  a  deleg-
    20  ation  from  the department pursuant to subdivision two of this section,
    21  shall determine whether or not an administrative civil  penalty  of  one
    22  thousand  dollars  shall  be  assessed against such manufacturer, whole-
    23  saler, retailer or flooring and floor covering contractor,  in  addition
    24  to  enforcing the removal and acceptance of discarded carpet mandated by
    25  the provisions of this title. The party with whom the person filing  the
    26  claim  last  interacted shall be the primary responsible party who shall
    27  pay the administrative civil penalty of one thousand dollars.
    28  § 27-2821. State agencies' responsibilities.
    29    1. State agencies shall implement carpet waste reduction, reuse, recy-
    30  cling and purchase recycled carpets from manufacturers,  wholesalers  or
    31  retailers  who  comply with the provisions of this title. State agencies
    32  shall use flooring and floor covering contractors who  comply  with  the
    33  provisions of this title.
    34    2.  Beginning July first, two thousand seventeen, at least thirty-five
    35  percent of the carpets purchased by state  agencies  shall  be  recycled
    36  carpet  and comply with the NSF/ANSI 140-2007e standard, platinum level,
    37  or a more stringent  standard  providing  for  the  best  sustainability
    38  performance  and  a  better protection of the environment and the public
    39  health. Thereafter, such purchase shall increase at  a  rate  of  twenty
    40  percent each year until it reaches one hundred percent.
    41  § 27-2823. Miscellaneous.
    42    1.  This  title  does  not  limit,  supersede, duplicate, or otherwise
    43  conflict with the provisions of article thirty-seven of this chapter  on
    44  substances  hazardous  or acutely hazardous to public health, safety and
    45  the environment.
    46    2. If any provision of this title or its application to any person  or
    47  circumstance  is held invalid, the remainder of this title or the appli-
    48  cation of the  provision  to  other  persons  or  circumstances  is  not
    49  affected.
    50    § 3. This act shall take effect immediately.
Go to top