Amd Art 27 Title 33 Title Head, ren §27-3319 to be §27-3321, add §27-3319, En Con L
Limits liability of producers, representative organizations and retailers for antitrust, restraint of trade, or unfair trade practices arising from the performance of an action required to be undertaken under certain law or a producer plan.
STATE OF NEW YORK
________________________________________________________________________
2097--A
Cal. No. 515
2025-2026 Regular Sessions
IN SENATE
January 15, 2025
___________
Introduced by Sens. KAVANAGH, FAHY, WEBB -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, passed by
Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
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:
1 Section 1. The title heading of title 33 of article 27 of the environ-
2 mental conservation law, as added by chapter 795 of the laws of 2022, is
3 amended to read as follows:
4 EXTENDED PRODUCER RESPONSIBILITY FOR
5 CARPET [COLLECTION PROGRAM]
6 § 2. Section 27-3319 of the environmental conservation law is renum-
7 bered section 27-3321 and a new section 27-3319 is added to read as
8 follows:
9 § 27-3319. Limits on liability for antitrust, restraint of trade, or
10 unfair trade practices.
11 1. A producer, representative organization, or retailer shall not be
12 liable for any claim of a violation of antitrust, restraint of trade, or
13 unfair trade practice laws arising from the performance of an action
14 required to be undertaken by this title or which is necessary to imple-
15 ment or participate under a producer plan approved by the department,
16 solely to increase the collection and recycling of carpet, which affects
17 the types and quantities being collected and recycled or the cost and
18 structure of such collection program that the producer, representative
19 organization, or retailer is participating in pursuant to this title.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04801-03-5
S. 2097--A 2
1 2. Provided, however, subdivision one of this section shall not apply
2 to any agreement establishing or affecting the price of carpet, except,
3 as necessary, to fulfill producer responsibility under subdivision five
4 of section 27-3305 of this title, the output or production of carpet, or
5 restricting the geographic area or customers to which carpet will be
6 sold.
7 § 3. This act shall take effect immediately.
