Assembly Bill A8492B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8492

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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:

  Section  1. Declaration of legislative intent and findings.  (a) It is
the policy of the state of New York to promote and support a  system  of
sustainable  solid  waste  management that minimizes waste and maximizes
recycling and the use  of  recyclable  materials,  and  to  develop  new
markets for recycled products and materials.
  (b) The legislature finds and declares all of the following:
  (i)  Carpet  waste  is  heavy  and bulky and imposes significant solid
waste management cost on  municipalities  because  it  is  expensive  to
dispose.    Very  little  amount  of discarded carpet is recycled in the
state.
  (ii) The New  York  state  department  of  environmental  conservation
adopted  on December 27, 2010 a new solid waste management plan entitled
"Beyond Waste, A Sustainable Materials Management Strategy for New  York
State",  in  which product stewardship is a centerpiece of the new solid
waste management plan of the state.
  (iii) Carpet was one of the few products listed by the New York  state
department of environmental conservation as most suited to a stewardship
approach based on research and feedback from stakeholders.
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 28 to read as follows:
                                TITLE 28
                           CARPET STEWARDSHIP
SECTION 27-2801. SHORT TITLE AND DEFINITIONS.
        27-2803. MANUFACTURER COLLECTION AND RECYCLING.
        27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13014-02-1
              

A. 8492                             2

        27-2807. WHOLESALER, RETAILER, INSTALLER AND  CONSUMER  REQUIRE-
                   MENTS.
        27-2809. CARPET STEWARDSHIP PLAN.
        27-2811. DEPARTMENT RESPONSIBILITIES.
        27-2813. REPORTING REQUIREMENTS.
        27-2815. PREEMPTION.
        27-2817. DISPOSITION OF FEES AND PENALTIES.
        27-2819. ENFORCEMENT.
        27-2821. STATE AGENCIES RESPONSIBILITIES.
        27-2823. MISCELLANEOUS.
S 27-2801. SHORT TITLE AND DEFINITIONS.
  1.  THIS TITLE MAY BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
CARPET STEWARDSHIP LAW".
  2. THE DEFINITIONS IN THIS SECTION APPLY THROUGHOUT THIS TITLE  UNLESS
THE CONTEXT CLEARLY REQUIRES OTHERWISE.
  (A)  "BRAND"  MEANS  A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES THE
CARPET, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES  THE  CARPET  TO  THE
OWNER OR LICENSEE OF THE BRAND AS THE MANUFACTURER.
  (B)  "CARPET" MEANS A MANUFACTURED ARTICLE THAT IS USED IN COMMERCIAL,
INSTITUTIONAL OR RESIDENTIAL BUILDINGS AFFIXED OR PLACED ON THE FLOOR OR
BUILDING WALKING SURFACE AS A DECORATIVE OR FUNCTIONAL BUILDING INTERIOR
OR EXTERIOR FEATURE AND THAT IS PRIMARILY CONSTRUCTED OF A  TOP  VISIBLE
SURFACE OF SYNTHETIC FACE FIBERS OR YARNS OR TUFTS ATTACHED TO A BACKING
SYSTEM  DERIVED  FORM SYNTHETIC OR NATURAL MATERIALS. "CARPET" INCLUDES,
BUT IS NOT LIMITED TO, A COMMERCIAL OR A RESIDENTIAL BROADLOOM CARPET OR
MODULAR CARPET TILES. "CARPET" INCLUDES A PAD OR  UNDERLAYMENT  USED  IN
CONJUNCTION  WITH  A CARPET. "CARPET" DOES NOT INCLUDE RUGS DEFINED AS A
FLOOR COVERING WHICH DO NOT EXTEND OVER THE ENTIRE FLOOR  AND  ARE  AREA
SPECIFIC  OR  MOVABLE  FLOOR  COVERING.   "CARPET" DOES NOT INCLUDE MATS
DEFINED AS A PIECE OF FABRIC MADE OF PLAITED  OR  WOVEN  RUSHES,  STRAW,
HEMP,  OR  SIMILAR  FIBER,  OR  OF SOME OTHER PLIANT MATERIAL, USED AS A
MOVABLE PROTECTIVE COVERING ON A FLOOR OR OTHER SURFACE.
  (C) "CARPET STEWARDSHIP" MEANS THAT ALL PARTIES INVOLVED IN DESIGNING,
MANUFACTURING, SELLING, INSTALLING AND USING CARPET TAKE  RESPONSIBILITY
FOR  MANAGING  AND  REDUCING  THE LIFE-CYCLE IMPACTS OF THE CARPET, FROM
PRODUCT DESIGN TO END-OF-LIFE MANAGEMENT.  LIFE-CYCLE  IMPACTS  INCLUDE,
BUT  ARE NOT LIMITED TO, ENERGY AND MATERIALS CONSUMPTION, AIR AND WATER
EMISSIONS, THE AMOUNT OF HAZARDOUS SUBSTANCES IN THE PRODUCT, WORKER AND
CONSUMER EXPOSURE AND REUSE, RECYCLING AND WASTER DISPOSAL.
  (D) "CARPET STEWARDSHIP ORGANIZATION" MEANS A PERSON APPOINTED BY  ONE
OR  MORE  MANUFACTURERS  TO ACT ON BEHALF OF THE MANUFACTURER TO DESIGN,
SUBMIT, AND ADMINISTER A CARPET STEWARDSHIP PLAN UNDER THIS TITLE.
  (E) "CARPET STEWARDSHIP PLAN" MEANS A PLAN WRITTEN  BY  AN  INDIVIDUAL
MANUFACTURER  OR  A CARPET STEWARDSHIP ORGANIZATION, ON BEHALF OF ONE OR
MORE MANUFACTURERS, WHICH DESCRIBES  THE  MANNER  IN  WHICH  THE  CARPET
STEWARDSHIP  PROGRAM  WILL  BE IMPLEMENTED IN THE STATE THROUGH METHODS,
PROCESSES, TECHNIQUES, SYSTEMS, AND SERVICES FINANCED  AND  PROVIDED  BY
MANUFACTURERS  OF  CARPET. THE CARPET STEWARDSHIP PLAN SHALL INCLUDE ALL
OF THE INFORMATION REQUIRED BY SECTION 27-2809 OF THIS TITLE.
  (F) "CONSUMER" MEANS ANY PERSON WHO PURCHASES, OWNS, OR LEASES CARPET.
  (G) "DISCARDED CARPET" MEANS CARPET THAT IS NO  LONGER  USED  FOR  ITS
MANUFACTURED  PURPOSE,  OR IS NO LONGER WANTED BY A PERSON. HOWEVER, THE
TERM DOES NOT INCLUDE CARPET SCRAP GENERATED DURING CARPET PRODUCTION.
  (H) "INSTALLER" MEANS A PERSON WHO INSTALLS CARPET AT  A  RESIDENTIAL,
COMMERCIAL OR INSTITUTIONAL LOCATION ANYWHERE IN THE STATE.

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  (I)  "MANUFACTURER" MEANS: (1) THE PERSON WHO MANUFACTURES THE CARPET;
(2) THE PERSON WHO MANUFACTURES AND SELLS, OFFERS FOR SALE, OR  DISTRIB-
UTES  THE CARPET IN THE STATE UNDER THAT PERSON'S OWN NAME OR BRAND; (3)
IF THERE IS NO PERSON WHO SELLS, OFFERS FOR  SALE,  OR  DISTRIBUTES  THE
CARPET IN THE SATE UNDER THE PERSON'S OWN NAME OR BRAND, THE MANUFACTUR-
ER  OF THE CARPET IS THE OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER
WHICH THE CARPET IS SOLD OR DISTRIBUTED IN THE STATE, WHETHER OR NOT THE
TRADEMARK IS REGISTERED; AND (4) IF THERE IS NO PERSON WHO IS A MANUFAC-
TURER OF THE CARPET, THE MANUFACTURER OF THAT CARPET IS THE  PERSON  WHO
IMPORTS THE CARPET INTO THE STATE FOR SALE OR DISTRIBUTION.
  (J) "MUNICIPALITY" MEANS A CITY, TOWN OR VILLAGE.
  (K)  "PERSON"  MEANS  ANY  INDIVIDUAL,  BUSINESS  ENTITY, PARTNERSHIP,
COMPANY, CORPORATION, LIMITED LIABILITY  COMPANY,  NON-PROFIT  ORGANIZA-
TION,  ASSOCIATION,  GOVERNMENTAL ENTITY, EDUCATIONAL OR CULTURAL INSTI-
TUTIONS, PUBLIC BENEFIT CORPORATION, OR ANY OTHER GROUP OF  INDIVIDUALS,
OR ANY OFFICER OR EMPLOYEE OR AGENT THEREOF.
  (L)  "RECYCLING"  MEANS  THE  TRANSFORMING  OR  REMANUFACTURING  OF  A
DISCARDED CARPET OR THE DISCARDED CARPET'S COMPONENTS  AND  BY-PRODUCTS,
OR  CARPET  SCRAPS  GENERATED  DURING  CARPET PRODUCTION, INTO USABLE OR
MARKETABLE MATERIALS WHICH SHALL BE RESPECTFUL OF  THE  ENVIRONMENT  AND
PUBLIC HEALTH.  "RECYCLING" DOES NOT INCLUDE LANDFILL DISPOSAL, INCINER-
ATION  OR  ENERGY  RECOVERY  OR ENERGY GENERATION BY MEANS OF COMBUSTING
DISCARDED CARPETS.
  (M) "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE  CARPET  IN
THIS STATE TO A FINAL CONSUMER.
  (N)  "REUSE" MEANS A CHANGE IN OWNERSHIP OF A CARPET OR COMPONENT IN A
CARPET FOR USE  IN  THE  SAME  MANNER  AND  PURPOSE  FOR  WHICH  IT  WAS
ORIGINALLY PRODUCED.
  (O)  "SELL" OR "SALES" MEANS A TRANSFER OF TITLE OF CARPET FOR CONSID-
ERATION, INCLUDING A REMOTE SALE CONDUCTED THROUGH A SALES OUTLET, CATA-
LOG, INTERNET WEB SITE, OR SIMILAR ELECTRONIC  MEANS.  FOR  PURPOSES  OF
THIS TITLE, "SELL" OR "SALES" INCLUDES A LEASE THROUGH WHICH A CARPET IS
PROVIDED TO A CONSUMER BY A MANUFACTURER, WHOLESALER, OR RETAILER.
  (P)  "WHOLESALER"  MEANS EVERY PERSON WHO SELLS, OR DISTRIBUTES CARPET
IN THIS STATE IN A SALE THAT IS NOT A RETAIL  SALE,  AND  IN  WHICH  THE
CARPET IS INTENDED TO BE RESOLD.
S 27-2803. MANUFACTURER COLLECTION AND RECYCLING.
  1. BEGINNING JULY FIRST, TWO THOUSAND TWELVE, A MANUFACTURER OF CARPET
OR  CARPET  STEWARDSHIP ORGANIZATION MUST START COLLECTING, HANDLING AND
RECYCLING OR REUSING ANY DISCARDED  CARPET  INCLUDING  DISCARDED  CARPET
COLLECTED THROUGH WHOLESALERS, RETAILERS, INSTALLERS, AND CONSUMERS.
  2. THE COLLECTION OF DISCARDED CARPET SHALL BE DONE PRIMARILY, BUT NOT
EXCLUSIVELY,  THROUGH  THE  MANUFACTURER'S  WHOLESALERS,  RETAILERS  AND
INSTALLERS.
  3. THE MANUFACTURER, AT THE MANUFACTURER'S COST, SHALL  MAKE  ARRANGE-
MENTS   WITH   ITS   WHOLESALERS,  RETAILERS,  AND  INSTALLERS  FOR  THE
COLLECTION, TRANSPORT, RECYCLING AND REUSE OF DISCARDED CARPET COLLECTED
PURSUANT TO THE PROVISIONS OF THIS TITLE. SUCH ARRANGEMENTS MAY INCLUDE,
BUT ARE NOT LIMITED TO, CONTRACTS OR OTHER AGREEMENTS WITH THIRD PARTIES
SUCH AS RECYCLING FACILITIES. IN ORDER TO FACILITATE  CARPET  RECYCLING,
THE  COLLECTION  PROCESS  SHALL REQUIRE SOURCE SEPARATION AND ENSURE THE
CARPET IS IN A CONDITION ALLOWING ITS RECYCLING OR REUSE.
  4. THE MANUFACTURER SHALL COMPLY WITH THE RECYCLING  AND  REUSE  GOALS
ESTABLISHED  IN  ITS CARPET STEWARDSHIP PLAN REQUIRED BY SECTION 27-2805
OF THIS TITLE. THE RECYCLING AND REUSE GOAL FOR A GIVEN YEAR ESTABLISHED
IN THE CARPET STEWARDSHIP PLAN SHALL AT A MINIMUM BE EQUAL TO THE  TOTAL

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WEIGHT  OF  CARPET  SOLD BY A MANUFACTURER IN THE STATE DURING SUCH YEAR
MULTIPLIED BY THE RECYCLING OR  REUSE  PERCENTAGE  RATE  ESTABLISHED  IN
SUBDIVISION FIVE OF THIS SECTION.
  5.  THE  STATEWIDE  RECYCLING  AND  REUSE  PERCENTAGE RATE SHALL BE AS
FOLLOWS:
  (A) FOR CALENDAR YEARS TWO THOUSAND FOURTEEN AND TWO THOUSAND FIFTEEN:
TWENTY-FIVE PERCENT.
  (B) FOR CALENDAR YEARS TWO THOUSAND SIXTEEN AND  TWO  THOUSAND  SEVEN-
TEEN:  FORTY PERCENT.
  (C)  FOR  CALENDAR  YEARS TWO THOUSAND EIGHTEEN AND TWO THOUSAND NINE-
TEEN:  SIXTY PERCENT.
  (D)  FOR  CALENDAR  YEARS  TWO  THOUSAND  TWENTY  AND   TWO   THOUSAND
TWENTY-ONE:  SEVENTY-FIVE PERCENT.
  (E)  FOR CALENDAR YEAR TWO THOUSAND TWENTY-TWO AND THEREAFTER: NINETY-
FIVE PERCENT OR MORE.
  THE TOTAL WEIGHT OF CARPET RECYCLED  OR  REUSED  BY  THE  MANUFACTURER
INCLUDES CARPET OF ANY BRAND COLLECTED BY THE MANUFACTURER FOR RECYCLING
OR  REUSE,  AND  IS  NOT LIMITED TO THE MANUFACTURER'S BRAND. COMPLIANCE
WITH THE RECYCLING OR REUSE GOAL SHALL COMMENCE  IN  CALENDAR  YEAR  TWO
THOUSAND FOURTEEN.
  6.  A MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION ON BEHALF OF
THE MANUFACTURER MAY PETITION THE DEPARTMENT FOR AN  ADJUSTMENT  TO  THE
CARPET  RECYCLING AND REUSE PERCENTAGE RATE. THE DEPARTMENT MAY GRANT AN
ADJUSTMENT TO THE CARPET RECYCLING AND REUSE PERCENTAGE RATE ONLY IF THE
DEPARTMENT DETERMINES THERE ARE DOCUMENTED  EXIGENT  CIRCUMSTANCES  THAT
ARE BEYOND THE CONTROL OF THE MANUFACTURER.
  7.  A  MANUFACTURER  WHO DOES NOT COMPLY WITH THE ANNUAL RECYCLING AND
REUSE GOAL DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION  SHALL  PAY  AN
ANNUAL  RECYCLING  SURCHARGE  EQUAL TO THE AVERAGE COST OF RECYCLING THE
TOTAL WEIGHT OF CARPET THAT THE MANUFACTURER SHOULD HAVE RECYCLED PURSU-
ANT TO SUBDIVISION FIVE OF THIS SECTION. THE AVERAGE COST  OF  RECYCLING
IS  SET  AT FIFTEEN CENTS PER POUND OF DISCARDED CARPET THAT SHOULD HAVE
BEEN RECYCLED. THE DEPARTMENT MAY REVISE THE AVERAGE COST  OF  RECYCLING
FROM TIME TO TIME ON ITS OWN INITIATIVE OR UPON A PETITION BY A MANUFAC-
TURER  OR  A  CARPET  STEWARDSHIP  ORGANIZATION.  THE  ANNUAL  RECYCLING
SURCHARGE SHALL BE PAID AT THE TIME OF SUBMISSION OF THE  ANNUAL  REPORT
REQUIRED  IN  SECTION  27-2813  OF THIS TITLE. THE IMPLEMENTATION OF THE
ANNUAL RECYCLING SURCHARGE SHALL START WITH CALENDAR YEAR  TWO  THOUSAND
FOURTEEN  AND  WILL BE PAID AT THE TIME THE TWO THOUSAND FOURTEEN ANNUAL
REPORT REQUIRED IN SECTION 27-2813 OF THIS TITLE  IS  SUBMITTED  TO  THE
DEPARTMENT.
  8. BEGINNING WITH CALENDAR YEAR TWO THOUSAND FIFTEEN, IF A MANUFACTUR-
ER'S  CARPET RECYCLED RATE EXCEEDS THE GOAL REQUIRED BY PARAGRAPH (E) OF
SUBDIVISION FIVE OF THIS SECTION, THE EXCESS MAY  BE  USED  AS  RECYCLED
CARPET CREDITS AND MAY BE SOLD, TRADED, OR BANKED FOR A PERIOD NO LONGER
THAN  THREE CALENDAR YEARS SUCCEEDING THE YEAR IN WHICH THE CREDITS WERE
EARNED; PROVIDED, HOWEVER,  THAT  NO  MORE  THAN  TWENTY  PERCENT  OF  A
MANUFACTURER'S OBLIGATION FOR ANY CALENDAR YEAR MAY BE MET WITH RECYCLED
CARPET  CREDITS  GENERATED IN A PRIOR CALENDAR YEAR. THE RECYCLED CARPET
CREDITS PROGRAM IS TO BE MANAGED BY A CARPET STEWARDSHIP ORGANIZATION.
S 27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.
  1. BY APRIL FIRST, TWO THOUSAND THIRTEEN, PRIOR TO SELLING OR OFFERING
FOR SALE IN THE STATE ANY CARPET, A MANUFACTURER SHALL, EITHER  DIRECTLY
OR  THROUGH  A  CARPET  STEWARDSHIP  ORGANIZATION: (A) REGISTER WITH THE
DEPARTMENT  USING  THE  CARPET  STEWARDSHIP  PROGRAM  REGISTRATION  FORM
PRESCRIBED  BY  THE DEPARTMENT AND AVAILABLE ON THE DEPARTMENT'S WEBSITE

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AND PAY A REGISTRATION FEE OF TEN THOUSAND DOLLARS;  AND  (B)  SUBMIT  A
CARPET STEWARDSHIP PLAN TO THE DEPARTMENT.
  2. AT A MINIMUM, THE MANUFACTURER SHALL LIST ON THE CARPET STEWARDSHIP
PROGRAM  REGISTRATION  FORM  THE  LIST OF ITS WHOLESALERS, RETAILERS AND
INSTALLERS AS WELL AS THE  GROSS  AMOUNT  OF  CARPET  (IN  TONS  AND  US
DOLLARS) SOLD IN THE STATE DURING THE LAST THREE YEARS.
  3.  A  MANUFACTURER'S  REGISTRATION  IS EFFECTIVE UPON FILING WITH THE
DEPARTMENT THE CARPET STEWARDSHIP  PROGRAM  REGISTRATION  FORM  TOGETHER
WITH THE REGISTRATION FEE AND THE CARPET STEWARDSHIP PLAN.
  4. A MANUFACTURER'S REGISTRATION MUST BE UPDATED WITHIN THIRTY DAYS OF
ANY  MATERIAL  CHANGE TO THE INFORMATION REQUIRED IN THE CARPET STEWARD-
SHIP PROGRAM REGISTRATION FORM OR THE CARPET STEWARDSHIP PLAN.
  5. THE MANUFACTURER SHALL POST ON ITS WEBSITE THE  CARPET  STEWARDSHIP
PLAN  SUBMITTED TO THE DEPARTMENT AS WELL AS THE DATE OF REGISTRATION OF
THE MANUFACTURER WITH THE DEPARTMENT.
  6. THE MANUFACTURER SHALL DEVELOP EDUCATIONAL MATERIALS  TO  ENCOURAGE
THE  COLLECTION,  RECYCLING AND REUSE OF DISCARDED CARPET AND SHALL MAKE
THOSE MATERIALS AVAILABLE  TO  WHOLESALERS,  RETAILERS,  INSTALLERS  AND
CONSUMERS.  SUCH  EDUCATIONAL MATERIALS SHALL INCLUDE STATEWIDE INFORMA-
TION CAMPAIGNS REGARDING THE MANDATORY COLLECTION, RECYCLING OR REUSE OF
DISCARDED CARPET IN THE STATE. THE CONTENT OF SUCH  CAMPAIGNS  SHALL  BE
COORDINATED  WITH  THE  DEPARTMENT,  THE  ENVIRONMENTAL SERVICES UNIT OF
EMPIRE STATE DEVELOPMENT, THE CARPET STEWARDSHIP ORGANIZATION AND  OTHER
MANUFACTURERS.
  7.  THE  MANUFACTURER  SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE
WITH THIS TITLE AND MAKE THEM AVAILABLE FOR AUDIT AND INSPECTION BY  THE
DEPARTMENT FOR A PERIOD OF THREE YEARS.
S 27-2807. WHOLESALER, RETAILER, INSTALLER AND CONSUMER REQUIREMENTS.
  1.  A  WHOLESALER, RETAILER OR INSTALLER SHALL NOT DISTRIBUTE, SELL OR
INSTALL CARPET OF A MANUFACTURER (A) WHO  IS  NOT  REGISTERED  WITH  THE
DEPARTMENT,  OR  (B)  IS  REGISTERED  WITH  THE DEPARTMENT BUT IS NOT IN
COMPLIANCE WITH THE PROVISIONS OF THIS TITLE.  IN THE EVENT  THE  REGIS-
TRATION  OF  THE MANUFACTURER WAS REVOKED BY THE DEPARTMENT OR WITHDRAWN
BY THE MANUFACTURER, A WHOLESALER, RETAILER OR INSTALLER MAY CONTINUE TO
DISTRIBUTE, SELL OR INSTALL THE CARPET OF SUCH MANUFACTURER FOR A PERIOD
OF ONE HUNDRED TWENTY DAYS FROM THE DATE THE REGISTRATION WAS REVOKED OR
WITHDRAWN.
  2. AT THE POINT OF SALE OF CARPET,  A  WHOLESALER  OR  RETAILER  SHALL
PROVIDE CONSUMERS WITH INFORMATION ABOUT COLLECTION, RECYCLING AND REUSE
OF  DISCARDED  CARPET. A WHOLESALER OR RETAILER SHALL COLLECT OR ARRANGE
FOR COLLECTION AND TRANSPORTATION OF DISCARDED CARPET  UPON  SUBMISSION,
AT  THE  POINT  OF SALE, OR BY MAIL, OR EMAIL, OF A WRITTEN REQUEST BY A
CONSUMER, WHETHER OR NOT THE CONSUMER PURCHASES CARPET FROM SUCH  WHOLE-
SALER  OR  RETAILER.  THE  WRITTEN  REQUEST  SUBMITTED BY A CONSUMER MAY
CONSIST OF A SIMPLE FORM PROVIDED BY  THE  MANUFACTURER,  WHOLESALER  OR
RETAILER,  AVAILABLE AT THE POINT OF SALE, WHICH SHALL CONTAIN THE NAME,
ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS OF THE CONSUMER AS  WELL  AS
THE FOLLOWING INFORMATION ABOUT THE CARPET:  APPROXIMATE SIZE, CONDITION
AND  LOCATION,  AND  IF  KNOWN,  COMPONENTS,  MATERIALS  AND BRAND. UPON
SUBMISSION OF A WRITTEN REQUEST BY A CONSUMER,  THE  WHOLESALER  OR  THE
RETAILER  SHALL  PROMPTLY  REMOVE  OR  CAUSE TO BE REMOVED THE DISCARDED
CARPET FROM ITS LOCATION, INCLUDING PULLING UP THE  CARPET,  WHETHER  OR
NOT  THE  CARPET  IS REPLACED. UPON REMOVAL OF THE DISCARDED CARPET FROM
ITS LOCATION, A WHOLESALER OR RETAILER SHALL, AS  SOON  AS  PRACTICABLE,
SEND  THE DISCARDED CARPET TO THE LOCATION PROVIDED BY THE MANUFACTURER,
AT THE MANUFACTURER'S COST. WHEN REQUESTED BY  A  CONSUMER,  WHOLESALERS

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AND  RETAILERS  ARE  RESPONSIBLE  FOR  THE  SAFE COLLECTION OF DISCARDED
CARPET OR TO COORDINATE COLLECTION OF DISCARDED CARPET WITH  THE  APPRO-
PRIATE PARTIES.
  3.  AN  INSTALLER  SHALL  PROVIDE  CONSUMERS  WITH  INFORMATION  ABOUT
COLLECTION, RECYCLING AND REUSE OF DISCARDED CARPET. UPON RECEIPT  OF  A
WRITTEN  REQUEST FROM A CONSUMER, A RETAILER, A WHOLESALER OR A MANUFAC-
TURER, TO REMOVE DISCARDED CARPET, AN INSTALLER SHALL PROMPTLY REMOVE OR
CAUSE TO BE REMOVED THE DISCARDED CARPET.  THE  REQUIREMENTS  LISTED  IN
SUBDIVISION  TWO  OF  THIS  SECTION  REGARDING  THE  WRITTEN REQUEST FOR
COLLECTION OF DISCARDED CARPET AND THE REMOVAL OF DISCARDED CARPET SHALL
APPLY. UPON RECEIPT OF A WRITTEN REQUEST FROM A CONSUMER, A  WHOLESALER,
A  RETAILER,  OR  A  MANUFACTURER,  INSTALLERS  ARE  RESPONSIBLE FOR THE
COLLECTION OF DISCARDED CARPET OR TO COORDINATE THE SAFE  COLLECTION  OF
DISCARDED CARPET WITH THE APPROPRIATE PARTIES.
  4.  ANY  CONSUMER  IN THE STATE WHO WISHES TO DISPOSE OF ANY DISCARDED
CARPET SHALL CONTACT A MANUFACTURER, WHOLESALER, RETAILER, INSTALLER  OR
RECYCLING FACILITY TO ORGANIZE THE COLLECTION OF DISCARDED CARPET.
  5.  ON  A  MONTHLY  BASIS,  A  WHOLESALER, RETAILER OR INSTALLER SHALL
COMMUNICATE IN WRITING TO  THE  MANUFACTURER  THE  WEIGHT  OF  DISCARDED
CARPET THAT HAS BEEN COLLECTED BY SUCH WHOLESALER, RETAILER OR INSTALLER
FOR RECYCLING OR REUSE.
S 27-2809. CARPET STEWARDSHIP PLAN.
  1.  EACH  CARPET  STEWARDSHIP  PLAN  SHALL  ADDRESS  THE ENVIRONMENTAL
IMPACTS OF CARPET OVER ITS ENTIRE LIFE CYCLE, INCLUDING  CARPET  DESIGN,
MANUFACTURE,  AND  DISTRIBUTION,  AND  THE  COLLECTION,  TRANSPORTATION,
REUSE, RECYCLING, AND FINAL DISPOSITION OF DISCARDED CARPET.
  2. AN UPDATED CARPET  STEWARDSHIP  PLAN  SHALL  BE  SUBMITTED  TO  THE
DEPARTMENT AT A MINIMUM EVERY FIVE YEARS.
  3.  THE  PLAN  SHALL  INCLUDE,  AT  A  MINIMUM,  ALL  OF THE FOLLOWING
ELEMENTS:
  (A) IDENTIFICATION AND CONTACT INFORMATION FOR (1) THE PERSON  SUBMIT-
TING  THE  PLAN;  (2) THE MANUFACTURER OR MANUFACTURERS PARTICIPATING IN
THE CARPET STEWARDSHIP PLAN;  AND  (3)  IF  A  STEWARDSHIP  ORGANIZATION
IMPLEMENTS  THE  CARPET STEWARDSHIP PLAN ON BEHALF OF MANUFACTURERS, THE
CARPET STEWARDSHIP ORGANIZATION, INCLUDING A DESCRIPTION OF  THE  CARPET
STEWARDSHIP  ORGANIZATION,  ITS  MANAGEMENT  AND  ADMINISTRATION AND THE
TASKS TO BE PERFORMED BY THE CARPET STEWARDSHIP ORGANIZATION;
  (B) A DESCRIPTION OF THE BRANDS OF CARPET COVERED BY THE PLAN;
  (C) A LIST OF THE MANUFACTURER'S WHOLESALERS,  RETAILERS  AND  INSTAL-
LERS;
  (D)  A  LIST  OF  THE COLLECTION AND RECYCLING FACILITIES THAT WILL BE
USED BY THE MANUFACTURER INCLUDING THE ADDRESSES, PHONE NUMBERS OF  SUCH
FACILITIES,  AND  THEIR  AVERAGE  COSTS  OF  COLLECTION AND RECYCLING OF
DISCARDED CARPET;
  (E) GOALS, OVER A  FIVE-YEAR  PERIOD.  THE  GOALS  SHALL  INCLUDE  THE
FOLLOWING:
  (1) THE CARPET RECYCLING AND REUSE GOALS; AND
  (2)  A DESCRIPTION OF CARPET DESIGNING AND MATERIALS CONTENT, MANUFAC-
TURING, PACKAGING, DISTRIBUTION, AND END-OF-LIFE MANAGEMENT  GOALS.  THE
GOALS  SHALL  ADDRESS  THE USE OF VIRGIN MATERIALS IN THE MANUFACTURE OF
THE CARPET, THE IMPACT UPON, OR USE OF, WATER OR ENERGY IN THE  MANUFAC-
TURE  OF  THE CARPET, THE USE OF, OR GENERATION OF HAZARDOUS SUBSTANCES,
IN THE MANUFACTURE OF THE CARPET, THE IMPACT OF THE CARPET ON GREENHOUSE
GAS EMISSIONS, THE CARPET'S  LONGEVITY,  THE  RECYCLED  CONTENT  OF  THE
CARPET, AND RECYCLABILITY, WHERE APPLICABLE;

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  (F)  THE  METHODS  AND  PROCESSES  USED TO INCREASE THE COLLECTION AND
RECYCLING OR REUSE OF DISCARDED CARPET AND THE RECYCLABILITY OF CARPET;
  (G)  THE  STRATEGIES USED TO INCENTIVIZE THE MARKET GROWTH OF RECYCLED
PRODUCTS MADE FROM DISCARDED CARPET AND TO DEVELOP RECYCLING INFRASTRUC-
TURE IN THE STATE;
  (H) AN OVERVIEW OF THE ROLES AND RESPONSIBILITIES OF KEY PLAYERS ALONG
THE DISTRIBUTION CHAIN;
  (I) EDUCATION AND OUTREACH ACTIVITIES TO CONSUMERS, INSTALLERS, WHOLE-
SALERS, RETAILERS AND OTHER INTERESTED PARTIES; AND
  (J) A DETAILED FINANCING MECHANISM TO CARRY OUT  THE  PLAN,  INCLUDING
BUT NOT LIMITED TO THE ADMINISTRATIVE, OPERATIONAL, AND CAPITAL COSTS OF
THE PLAN.
S 27-2811. DEPARTMENT RESPONSIBILITIES.
  1.  THE  DEPARTMENT SHALL POST ON ITS WEBSITE THE LIST OF THE MANUFAC-
TURERS WHO HAVE REGISTERED WITH THE DEPARTMENT TOGETHER WITH A  LINK  TO
EACH MANUFACTURER'S WEBSITE AND CARPET STEWARDSHIP PLAN.
  2.  THE  DEPARTMENT'S WEBSITE SHALL BE UPDATED PERIODICALLY TO REFLECT
WHETHER A MANUFACTURER IS OR IS NOT IN COMPLIANCE WITH THE PROVISIONS OF
THIS TITLE.
  3. PERIODICALLY THE DEPARTMENT MAY CONDUCT RANDOMLY SELECTED AUDITS TO
VERIFY COMPLIANCE BY A MANUFACTURER WITH THE PROVISIONS OF THIS TITLE.
  4. THE DEPARTMENT MAY PROVIDE INFORMATION REGARDING  THE  AVAILABILITY
OF  RECYCLING  FACILITIES  AND  COMPANIES  THAT  COLLECT  AND/OR RECYCLE
DISCARDED CARPET, INCLUDING THE ADDRESSES  AND  PHONE  NUMBERS  OF  SUCH
FACILITIES.
  5.  IN ORDER TO ASSIST IN THE CREATION AND DEVELOPMENT OF CARPET RECY-
CLING INFRASTRUCTURE IN THE STATE AS WELL AS IN DEVELOPING MARKET OPPOR-
TUNITIES FOR RECYCLED PRODUCTS AND MATERIALS, THE DEPARTMENT, THE  ENVI-
RONMENTAL  SERVICES  UNIT  OF  EMPIRE  STATE DEVELOPMENT, AND THE CARPET
STEWARDSHIP ORGANIZATION MAY FORM A CARPET STEWARDSHIP  PROGRAM  SUPPORT
UNIT  HEADQUARTERED  WITHIN  THE  ENVIRONMENTAL  SERVICES UNIT OF EMPIRE
STATE DEVELOPMENT. THE  ENVIRONMENTAL  SERVICES  UNIT  OF  EMPIRE  STATE
DEVELOPMENT  WILL  HAVE  PRIMARY  RESPONSIBILITY  TO  MANAGE  THE CARPET
STEWARDSHIP PROGRAM SUPPORT UNIT. THE ROLE  OF  THE  CARPET  STEWARDSHIP
PROGRAM  SUPPORT  UNIT  WILL  BE  TO  PROVIDE  ASSISTANCE AND COORDINATE
EFFORTS TO CREATE IN THE  STATE  RECYCLING  INFRASTRUCTURE  AS  WELL  AS
MARKETS FOR RECYCLED PRODUCTS AND MATERIALS.
  6.  THE DEPARTMENT, THE CARPET STEWARDSHIP PROGRAM SUPPORT UNIT WITHIN
THE ENVIRONMENTAL SERVICES UNIT OF EMPIRE STATE DEVELOPMENT, THE  CARPET
STEWARDSHIP  ORGANIZATION AND MANUFACTURERS SHALL LAUNCH STATEWIDE COOR-
DINATED INFORMATION CAMPAIGNS, AT THE MANUFACTURERS' COSTS, USING  VARI-
OUS  COMMUNICATION  INSTRUMENTS SUCH AS BUT NOT LIMITED TO THE INTERNET,
NEWSPAPERS, TELEVISION, RADIO AND MOVIE THEATERS, TO INFORM AND  EDUCATE
CONSUMERS,  INSTALLERS,  RETAILERS  AND  WHOLESALERS ABOUT THE MANDATORY
COLLECTION AND RECYCLING OR REUSE OF DISCARDED CARPET.
  7. ON OR BEFORE JANUARY FIRST, TWO THOUSAND  SIXTEEN,  THE  DEPARTMENT
SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE AND EVERY FOUR
YEARS  THEREAFTER  DESCRIBING  THE  RESULTS  OF  THE  CARPET STEWARDSHIP
PROGRAM AND RECOMMENDING  WHETHER  TO  UNDERTAKE  ANY  MODIFICATIONS  TO
IMPROVE  ITS  FUNCTIONING  AND EFFICIENCY. AT A MINIMUM THE REPORT SHALL
INCLUDE:
  (A) AN EVALUATION OF THE CARPET WASTE STREAM IN THE STATE;
  (B) RECYCLING AND REUSE RATES IN THE STATE FOR CARPET;
  (C) AN EVALUATION OF COMPLIANCE AND ENFORCEMENT ACTIONS;

A. 8492                             8

  (D) A DISCUSSION OF OPPORTUNITIES  FOR  BUSINESS  DEVELOPMENT  IN  THE
STATE  RELATED  TO  THE  COLLECTION,  HANDLING AND RECYCLING OR REUSE OF
CARPET IN THE STATE.
  8. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS IF
IT DEEMS IT NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2813. REPORTING REQUIREMENTS.
  1.  THE MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION, WHICHEVER
APPLIES, SHALL PREPARE AND SUBMIT TO THE  DEPARTMENT,  ANNUALLY  BY  MAY
FIRST  AN  ANNUAL  REPORT DESCRIBING THE ACTIVITIES CONDUCTED DURING THE
PRIOR CALENDAR YEAR TO IMPLEMENT THE CARPET STEWARDSHIP PLAN, INCLUDING:
  (A) IDENTIFICATION AND CONTACT INFORMATION FOR: (1) THE PERSON SUBMIT-
TING THE ANNUAL  REPORT;  (2)  THE  MANUFACTURER;  AND  (3)  THE  CARPET
STEWARDSHIP ORGANIZATION, IF APPLICABLE;
  (B) GOALS ACHIEVED, INCLUDING BUT NOT LIMITED TO: (1) THE QUANTITY AND
PERCENTAGE  RATE  OF  CARPET  COLLECTED  IN  THE STATE FOR RECYCLING AND
REUSE, COMPARISON ANALYSIS WITH THE GOALS OF THE PRIOR YEAR; AND (2) HOW
THE CARPET STEWARDSHIP PLAN ATTAINED THE GOALS ESTABLISHED IN SUCH  PLAN
OR  THE GOALS SET BY THE DEPARTMENT AND, IF THE GOALS WERE NOT ATTAINED,
WHAT ACTIONS WILL BE TAKEN DURING THE CURRENT REPORTING PERIOD TO DO SO;
  (C) THE COLLECTION, HANDLING, TRANSPORTATION, PROCESSING AND  DISPOSAL
SYSTEMS USED;
  (D)  THE EDUCATION AND OUTREACH ACTIVITIES PROVIDED DURING THE REPORT-
ING PERIOD TO REACH CONSUMERS, COMMERCIAL BUILDING OWNERS, INSTITUTIONS,
WHOLESALERS, RETAILERS, INSTALLERS AND OTHER INTERESTED PARTIES;
  (E) STEPS TAKEN TO MANAGE AND REDUCE THE  LIFE-CYCLE  IMPACTS  OF  THE
CARPET, FROM PRODUCT DESIGN TO END-OF-LIFE MANAGEMENT, INCLUDING HOW THE
FORMULATION,  PACKAGING AND DISTRIBUTION OF CARPET HAVE BEEN IMPROVED TO
REDUCE WASTE, REDUCE TOXICITY, REDUCE  CARBON  FOOTPRINT,  REDUCE  OTHER
ENVIRONMENTAL  IMPACTS,  INCREASE  RECYCLED  CONTENT,  INCREASE  PRODUCT
LONGEVITY AND MAKE PRODUCTS MORE EASILY RECYCLABLE;
  (F) THE TOTAL COST OF IMPLEMENTING THE CARPET STEWARDSHIP PLAN; AND
  (G) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REASONABLY REQUIRE.
  2. THE ANNUAL REPORT REQUIRED UNDER SUBDIVISION ONE  OF  THIS  SECTION
SHALL BE SUBMITTED TO THE DEPARTMENT TOGETHER WITH AN ANNUAL ADMINISTRA-
TIVE  PROCESSING  FEE  IN  THE  AMOUNT  OF FIVE THOUSAND DOLLARS AND ANY
SURCHARGE REQUIRED TO BE PAID UNDER SECTION 27-2803 OF THIS TITLE.
  3. THE DEPARTMENT MAY REQUIRE ANNUAL REPORTS  TO  BE  FILED  ELECTRON-
ICALLY.
S 27-2815. PREEMPTION.
  ANY LOCAL LAW OR ORDINANCE WHICH IS INCONSISTENT WITH ANY PROVISION OF
THIS  TITLE  OR  ANY  RULE OR REGULATION PROMULGATED THEREUNDER SHALL BE
PREEMPTED.
S 27-2817. DISPOSITION OF FEES AND PENALTIES.
  ALL FEES COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO  THE
ENVIRONMENTAL  CONSERVATION SPECIAL REVENUE ACCOUNT TO THE CREDIT OF THE
ENVIRONMENTAL REGULATORY ACCOUNT. ALL SURCHARGES AND PENALTIES COLLECTED
PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO THE SOLID  WASTE  MANAGE-
MENT  ACCOUNT  OF  THE  ENVIRONMENTAL  PROTECTION FUND ESTABLISHED UNDER
SECTION 92-S OF THE STATE FINANCE LAW. ALL FEES, SURCHARGES  AND  PENAL-
TIES  COLLECTED  PURSUANT  TO  THIS  TITLE  SHALL BE USED EXCLUSIVELY TO
IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2819. ENFORCEMENT.
  1. THE DEPARTMENT SHALL ENFORCE ALL THE PROVISIONS OF THIS TITLE.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
THE  DEPARTMENT  MAY  DELEGATE THE ENFORCEMENT OF THE PROVISIONS OF THIS
TITLE TO A MUNICIPALITY. THE MUNICIPALITY SHALL SUBMIT TO THE DEPARTMENT

A. 8492                             9

A WRITTEN REQUEST TO BE AUTHORIZED TO ENFORCE  THE  PROVISIONS  OF  THIS
TITLE.  THE DEPARTMENT SHALL MAKE A DECISION ON THE REQUEST FILED BY THE
MUNICIPALITY WITHIN THIRTY DAYS FROM THE DATE OF RECEIPT OF THE  MUNICI-
PALITY'S REQUEST.
  3.  THE  DEPARTMENT MAY TEMPORARILY PREVENT A MANUFACTURER, WHOLESALER
OR RETAILER WHO IS NOT IN COMPLIANCE WITH THE PROVISIONS OF  THIS  TITLE
FROM SELLING OR OFFERING TO SELL ANY CARPET IN THE STATE.
  4. ANY MANUFACTURER WHO FAILS TO SUBMIT ANY REPORT, REGISTRATION FORM,
FEE,  OR  SURCHARGE TO THE DEPARTMENT AS REQUIRED BY THIS TITLE SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS  FOR  EACH
DAY SUCH REPORT, REGISTRATION FORM, FEE, OR SURCHARGE IS NOT SUBMITTED.
  5.  ANY  MANUFACTURER  WHO  VIOLATES ANY OTHER PROVISION OF THIS TITLE
SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED ONE
THOUSAND DOLLARS FOR THE FIRST  VIOLATION,  TWO  THOUSAND  FIVE  HUNDRED
DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
  6.  ANY  WHOLESALER, RETAILER, OR INSTALLER WHO VIOLATES ANY PROVISION
OF THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT
TO EXCEED TWO HUNDRED  FIFTY  DOLLARS  FOR  THE  FIRST  VIOLATION,  FIVE
HUNDRED  DOLLARS  FOR  THE SECOND VIOLATION AND ONE THOUSAND DOLLARS FOR
THE THIRD AND SUBSEQUENT VIOLATIONS OF  THIS  TITLE  IN  A  TWELVE-MONTH
PERIOD.
  7.  A  CIVIL  PENALTY  OF  UP TO FIVE THOUSAND DOLLARS FOR EACH DAY OF
NONCOMPLIANCE SHALL BE ADMINISTRATIVELY IMPOSED BY THE DEPARTMENT ON ANY
PERSON WHO IS IN VIOLATION OF  ANY  PROVISION  OF  THIS  TITLE  AND  THE
VIOLATION IS INTENTIONAL, KNOWING, OR NEGLIGENT.
  8.  ANY  CONSUMER  WHO  VIOLATES  ANY PROVISION OF THIS TITLE SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY  DOLLARS  FOR
EACH VIOLATION.
  9.  ANY  PERSON,  WHO  VIOLATES  ANY  PROVISION OF THIS TITLE SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED THREE HUNDRED DOLLARS FOR  EACH
VIOLATION.
  10.  CIVIL  PENALTIES  UNDER  THIS  SECTION  SHALL  BE ASSESSED BY THE
DEPARTMENT AFTER A HEARING OR OPPORTUNITY TO BE HEARD  PURSUANT  TO  THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, AND, IN ADDITION THERETO,
SUCH  PERSON  MAY  BY  SIMILAR  PROCESS BE ENJOINED FROM CONTINUING SUCH
VIOLATION. IN THE EVENT A MUNICIPALITY HAS RECEIVED DELEGATION FROM  THE
DEPARTMENT  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, CIVIL PENALTIES
SHALL BE ASSESSED BY THE  DESIGNATED  AUTHORITY  WITHIN  A  MUNICIPALITY
AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION  71-1709  OF  ARTICLE  SEVENTY-ONE,  AND, IN ADDITION THERETO BY
SIMILAR PROCESS CONTINUATION OF A  VIOLATION  MAY  BE  ENJOINED  BY  THE
DESIGNATED AUTHORITY WITHIN A MUNICIPALITY.
  11.  ANY  CONSUMER  WHO  WAS DENIED COLLECTION OF HIS OR HER DISCARDED
CARPET BY A MANUFACTURER, A WHOLESALER, A RETAILER OR AN  INSTALLER  MAY
REPORT  SUCH DENIAL TO THE DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN
A MUNICIPALITY WHO HAS RECEIVED DELEGATION FROM THE DEPARTMENT  PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.  SUCH CONSUMER SHALL FILE A CLAIM ON
LINE  WITH  THE  DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN A MUNICI-
PALITY, WHO HAS RECEIVED DELEGATION  FROM  THE  DEPARTMENT  PURSUANT  TO
SUBDIVISION  TWO OF THIS SECTION, INDICATING THE DATE, NAME AND LOCATION
OF THE MANUFACTURER, WHOLESALER, RETAILER OR INSTALLER  WHO  REFUSED  TO
COLLECT  THE CONSUMER'S DISCARDED CARPET.  UPON REVIEW OF THE CLAIM, THE
DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN A  MUNICIPALITY,  WHO  HAS
RECEIVED  DELEGATION  FROM THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, SHALL INVESTIGATE THE CLAIM WITHIN THIRTY  DAYS  FROM  THE

A. 8492                            10

DATE  OF  RECEIPT  OF THE CLAIM. WITHIN FORTY-FIVE DAYS FROM THE DATE OF
RECEIPT OF THE CLAIM, THE DEPARTMENT OR THE DESIGNATED AUTHORITY  WITHIN
A MUNICIPALITY, WHO HAS RECEIVED DELEGATION FROM THE DEPARTMENT PURSUANT
TO  SUBDIVISION  TWO  OF  THIS SECTION, WILL DETERMINE WHETHER OR NOT AN
ADMINISTRATIVE CIVIL PENALTY OF ONE THOUSAND DOLLARS SHALL  BE  ASSESSED
AGAINST  SUCH  MANUFACTURER, WHOLESALER, RETAILER OR INSTALLER, IN ADDI-
TION TO ENFORCING THE COLLECTION OF DISCARDED  CARPET  MANDATED  BY  THE
PROVISIONS  OF  THIS  TITLE.  THE  PARTY WITH WHOM THE PERSON FILING THE
CLAIM LAST INTERACTED WILL BE THE PRIMARY RESPONSIBLE  PARTY  WHO  SHALL
PAY THE ADMINISTRATIVE CIVIL PENALTY OF ONE THOUSAND DOLLARS.
S 27-2821. STATE AGENCIES RESPONSIBILITIES.
  1. STATE AGENCIES SHALL IMPLEMENT CARPET WASTE REDUCTION, REUSE, RECY-
CLING  AND  PURCHASE RECYCLED CARPETS FROM MANUFACTURERS, WHOLESALERS OR
RETAILERS WHO COMPLY WITH THE PROVISIONS OF THIS TITLE.  STATE  AGENCIES
SHALL USE INSTALLERS WHO COMPLY WITH THE PROVISIONS OF THIS TITLE.
  2.  BEGINNING  JULY FIRST, TWO THOUSAND THIRTEEN, AT LEAST THIRTY-FIVE
PERCENT OF THE CARPETS PURCHASED BY  STATE  AGENCIES  MUST  BE  RECYCLED
CARPET  AND COMPLY WITH THE NSF/ANSI 140-2007E STANDARD, PLATINUM LEVEL,
OR A MORE STRINGENT  STANDARD  PROVIDING  FOR  THE  BEST  SUSTAINABILITY
PERFORMANCE  AND  A  BETTER PROTECTION OF THE ENVIRONMENT AND THE PUBLIC
HEALTH. THEREAFTER SUCH PURCHASE SHALL INCREASE  AT  A  RATE  OF  TWENTY
PERCENT EACH YEAR UNTIL IT REACHES ONE HUNDRED PERCENT.
S 27-2823. MISCELLANEOUS.
  1.  THIS  TITLE  DOES  NOT  LIMIT,  SUPERSEDE, DUPLICATE, OR OTHERWISE
CONFLICT WITH THE PROVISIONS OF ARTICLE THIRTY-SEVEN OF THIS CHAPTER  ON
SUBSTANCES  HAZARDOUS  OR ACUTELY HAZARDOUS TO PUBLIC HEALTH, SAFETY AND
THE ENVIRONMENT.
  2. IF ANY PROVISION OF THIS TITLE OR ITS APPLICATION TO ANY PERSON  OR
CIRCUMSTANCE  IS HELD INVALID, THE REMAINDER OF THIS TITLE OR THE APPLI-
CATION OF THE  PROVISION  TO  OTHER  PERSONS  OR  CIRCUMSTANCES  IS  NOT
AFFECTED.
  S 3. This act shall take effect July 1, 2012.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8492--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced  by  M. of A. KAVANAGH, ROBINSON -- read once and referred to
  the Committee on Environmental  Conservation  --  recommitted  to  the
  Committee  on  Environmental  Conservation in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1. Declaration of legislative intent and findings.  (a) It is
the policy of the state of New York to promote and support a  system  of
sustainable  solid  waste  management that minimizes waste and maximizes
recycling and the use  of  recyclable  materials,  and  to  develop  new
markets for recycled products and materials.
  (b) The legislature finds and declares all of the following:
  (i)  Carpet  waste  is  heavy  and bulky and imposes significant solid
waste management cost on  municipalities  because  it  is  expensive  to
dispose.    Very  little  amount  of discarded carpet is recycled in the
state.
  (ii) The New  York  state  department  of  environmental  conservation
adopted  on December 27, 2010 a new solid waste management plan entitled
"Beyond Waste, A Sustainable Materials Management Strategy for New  York
State",  in  which product stewardship is a centerpiece of the new solid
waste management plan of the state.
  (iii) Carpet was one of the few products listed by the New York  state
department of environmental conservation as most suited to a stewardship
approach based on research and feedback from stakeholders.
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 28 to read as follows:
                                TITLE 28
                           CARPET STEWARDSHIP

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13014-03-2
              

A. 8492--A                          2

SECTION 27-2801. SHORT TITLE AND DEFINITIONS.
        27-2803. MANUFACTURER COLLECTION AND RECYCLING.
        27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.
        27-2807. WHOLESALER,  RETAILER,  INSTALLER AND CONSUMER REQUIRE-
                   MENTS.
        27-2809. CARPET STEWARDSHIP PLAN.
        27-2811. DEPARTMENT RESPONSIBILITIES.
        27-2813. REPORTING REQUIREMENTS.
        27-2815. PREEMPTION.
        27-2817. DISPOSITION OF FEES AND PENALTIES.
        27-2819. ENFORCEMENT.
        27-2821. STATE AGENCIES RESPONSIBILITIES.
        27-2823. MISCELLANEOUS.
S 27-2801. SHORT TITLE AND DEFINITIONS.
  1. THIS TITLE MAY BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK  STATE
CARPET STEWARDSHIP LAW".
  2.  THE DEFINITIONS IN THIS SECTION APPLY THROUGHOUT THIS TITLE UNLESS
THE CONTEXT CLEARLY REQUIRES OTHERWISE.
  (A) "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK  THAT  IDENTIFIES  THE
CARPET,  RATHER  THAN  ITS  COMPONENTS, AND ATTRIBUTES THE CARPET TO THE
OWNER OR LICENSEE OF THE BRAND AS THE MANUFACTURER.
  (B) "CARPET" MEANS A MANUFACTURED ARTICLE THAT IS USED IN  COMMERCIAL,
INSTITUTIONAL OR RESIDENTIAL BUILDINGS AFFIXED OR PLACED ON THE FLOOR OR
BUILDING WALKING SURFACE AS A DECORATIVE OR FUNCTIONAL BUILDING INTERIOR
OR  EXTERIOR  FEATURE AND THAT IS PRIMARILY CONSTRUCTED OF A TOP VISIBLE
SURFACE OF SYNTHETIC FACE FIBERS OR YARNS OR TUFTS ATTACHED TO A BACKING
SYSTEM DERIVED FORM SYNTHETIC OR NATURAL MATERIALS.  "CARPET"  INCLUDES,
BUT IS NOT LIMITED TO, A COMMERCIAL OR A RESIDENTIAL BROADLOOM CARPET OR
MODULAR  CARPET  TILES.  "CARPET" INCLUDES A PAD OR UNDERLAYMENT USED IN
CONJUNCTION WITH A CARPET. "CARPET" DOES NOT INCLUDE RUGS DEFINED  AS  A
FLOOR  COVERING  WHICH  DO NOT EXTEND OVER THE ENTIRE FLOOR AND ARE AREA
SPECIFIC OR MOVABLE FLOOR COVERING.   "CARPET"  DOES  NOT  INCLUDE  MATS
DEFINED  AS  A  PIECE  OF FABRIC MADE OF PLAITED OR WOVEN RUSHES, STRAW,
HEMP, OR SIMILAR FIBER, OR OF SOME OTHER  PLIANT  MATERIAL,  USED  AS  A
MOVABLE PROTECTIVE COVERING ON A FLOOR OR OTHER SURFACE.
  (C) "CARPET STEWARDSHIP" MEANS THAT ALL PARTIES INVOLVED IN DESIGNING,
MANUFACTURING,  SELLING, INSTALLING AND USING CARPET TAKE RESPONSIBILITY
FOR MANAGING AND REDUCING THE LIFE-CYCLE IMPACTS  OF  THE  CARPET,  FROM
PRODUCT  DESIGN  TO  END-OF-LIFE MANAGEMENT. LIFE-CYCLE IMPACTS INCLUDE,
BUT ARE NOT LIMITED TO, ENERGY AND MATERIALS CONSUMPTION, AIR AND  WATER
EMISSIONS, THE AMOUNT OF HAZARDOUS SUBSTANCES IN THE PRODUCT, WORKER AND
CONSUMER EXPOSURE AND REUSE, RECYCLING AND WASTER DISPOSAL.
  (D)  "CARPET STEWARDSHIP ORGANIZATION" MEANS A PERSON APPOINTED BY ONE
OR MORE MANUFACTURERS TO ACT ON BEHALF OF THE  MANUFACTURER  TO  DESIGN,
SUBMIT, AND ADMINISTER A CARPET STEWARDSHIP PLAN UNDER THIS TITLE.
  (E)  "CARPET  STEWARDSHIP  PLAN" MEANS A PLAN WRITTEN BY AN INDIVIDUAL
MANUFACTURER OR A CARPET STEWARDSHIP ORGANIZATION, ON BEHALF OF  ONE  OR
MORE  MANUFACTURERS,  WHICH  DESCRIBES  THE  MANNER  IN WHICH THE CARPET
STEWARDSHIP PROGRAM WILL BE IMPLEMENTED IN THE  STATE  THROUGH  METHODS,
PROCESSES,  TECHNIQUES,  SYSTEMS,  AND SERVICES FINANCED AND PROVIDED BY
MANUFACTURERS OF CARPET. THE CARPET STEWARDSHIP PLAN SHALL  INCLUDE  ALL
OF THE INFORMATION REQUIRED BY SECTION 27-2809 OF THIS TITLE.
  (F) "CONSUMER" MEANS ANY PERSON WHO PURCHASES, OWNS, OR LEASES CARPET.
  (G)  "DISCARDED  CARPET"  MEANS  CARPET THAT IS NO LONGER USED FOR ITS
MANUFACTURED PURPOSE, OR IS NO LONGER WANTED BY A PERSON.  HOWEVER,  THE
TERM DOES NOT INCLUDE CARPET SCRAP GENERATED DURING CARPET PRODUCTION.

A. 8492--A                          3

  (H)  "INSTALLER"  MEANS A PERSON WHO INSTALLS CARPET AT A RESIDENTIAL,
COMMERCIAL OR INSTITUTIONAL LOCATION ANYWHERE IN THE STATE.
  (I)  "MANUFACTURER" MEANS: (1) THE PERSON WHO MANUFACTURES THE CARPET;
(2) THE PERSON WHO MANUFACTURES AND SELLS, OFFERS FOR SALE, OR  DISTRIB-
UTES  THE CARPET IN THE STATE UNDER THAT PERSON'S OWN NAME OR BRAND; (3)
IF THERE IS NO PERSON WHO SELLS, OFFERS FOR  SALE,  OR  DISTRIBUTES  THE
CARPET IN THE SATE UNDER THE PERSON'S OWN NAME OR BRAND, THE MANUFACTUR-
ER  OF THE CARPET IS THE OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER
WHICH THE CARPET IS SOLD OR DISTRIBUTED IN THE STATE, WHETHER OR NOT THE
TRADEMARK IS REGISTERED; AND (4) IF THERE IS NO PERSON WHO IS A MANUFAC-
TURER OF THE CARPET, THE MANUFACTURER OF THAT CARPET IS THE  PERSON  WHO
IMPORTS THE CARPET INTO THE STATE FOR SALE OR DISTRIBUTION.
  (J) "MUNICIPALITY" MEANS A CITY, TOWN OR VILLAGE.
  (K)  "PERSON"  MEANS  ANY  INDIVIDUAL,  BUSINESS  ENTITY, PARTNERSHIP,
COMPANY, CORPORATION, LIMITED LIABILITY  COMPANY,  NON-PROFIT  ORGANIZA-
TION,  ASSOCIATION,  GOVERNMENTAL ENTITY, EDUCATIONAL OR CULTURAL INSTI-
TUTIONS, PUBLIC BENEFIT CORPORATION, OR ANY OTHER GROUP OF  INDIVIDUALS,
OR ANY OFFICER OR EMPLOYEE OR AGENT THEREOF.
  (L)  "RECYCLING"  MEANS  THE  TRANSFORMING  OR  REMANUFACTURING  OF  A
DISCARDED CARPET OR THE DISCARDED CARPET'S COMPONENTS  AND  BY-PRODUCTS,
OR  CARPET  SCRAPS  GENERATED  DURING  CARPET PRODUCTION, INTO USABLE OR
MARKETABLE MATERIALS WHICH SHALL BE RESPECTFUL OF  THE  ENVIRONMENT  AND
PUBLIC HEALTH.  "RECYCLING" DOES NOT INCLUDE LANDFILL DISPOSAL, INCINER-
ATION  OR  ENERGY  RECOVERY  OR ENERGY GENERATION BY MEANS OF COMBUSTING
DISCARDED CARPETS.
  (M) "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE  CARPET  IN
THIS STATE TO A FINAL CONSUMER.
  (N)  "REUSE" MEANS A CHANGE IN OWNERSHIP OF A CARPET OR COMPONENT IN A
CARPET FOR USE  IN  THE  SAME  MANNER  AND  PURPOSE  FOR  WHICH  IT  WAS
ORIGINALLY PRODUCED.
  (O)  "SELL" OR "SALES" MEANS A TRANSFER OF TITLE OF CARPET FOR CONSID-
ERATION, INCLUDING A REMOTE SALE CONDUCTED THROUGH A SALES OUTLET, CATA-
LOG, INTERNET WEB SITE, OR SIMILAR ELECTRONIC  MEANS.  FOR  PURPOSES  OF
THIS TITLE, "SELL" OR "SALES" INCLUDES A LEASE THROUGH WHICH A CARPET IS
PROVIDED TO A CONSUMER BY A MANUFACTURER, WHOLESALER, OR RETAILER.
  (P)  "WHOLESALER"  MEANS EVERY PERSON WHO SELLS, OR DISTRIBUTES CARPET
IN THIS STATE IN A SALE THAT IS NOT A RETAIL  SALE,  AND  IN  WHICH  THE
CARPET IS INTENDED TO BE RESOLD.
S 27-2803. MANUFACTURER COLLECTION AND RECYCLING.
  1. BEGINNING JULY FIRST, TWO THOUSAND TWELVE, A MANUFACTURER OF CARPET
OR  CARPET  STEWARDSHIP ORGANIZATION MUST START COLLECTING, HANDLING AND
RECYCLING OR REUSING ANY DISCARDED  CARPET  INCLUDING  DISCARDED  CARPET
COLLECTED THROUGH WHOLESALERS, RETAILERS, INSTALLERS, AND CONSUMERS.
  2. THE COLLECTION OF DISCARDED CARPET SHALL BE DONE PRIMARILY, BUT NOT
EXCLUSIVELY,  THROUGH  THE  MANUFACTURER'S  WHOLESALERS,  RETAILERS  AND
INSTALLERS.
  3. THE MANUFACTURER, AT THE MANUFACTURER'S COST, SHALL  MAKE  ARRANGE-
MENTS   WITH   ITS   WHOLESALERS,  RETAILERS,  AND  INSTALLERS  FOR  THE
COLLECTION, TRANSPORT, RECYCLING AND REUSE OF DISCARDED CARPET COLLECTED
PURSUANT TO THE PROVISIONS OF THIS TITLE. SUCH ARRANGEMENTS MAY INCLUDE,
BUT ARE NOT LIMITED TO, CONTRACTS OR OTHER AGREEMENTS WITH THIRD PARTIES
SUCH AS RECYCLING FACILITIES. IN ORDER TO FACILITATE  CARPET  RECYCLING,
THE  COLLECTION  PROCESS  SHALL REQUIRE SOURCE SEPARATION AND ENSURE THE
CARPET IS IN A CONDITION ALLOWING ITS RECYCLING OR REUSE.
  4. THE MANUFACTURER SHALL COMPLY WITH THE RECYCLING  AND  REUSE  GOALS
ESTABLISHED  IN  ITS CARPET STEWARDSHIP PLAN REQUIRED BY SECTION 27-2805

A. 8492--A                          4

OF THIS TITLE. THE RECYCLING AND REUSE GOAL FOR A GIVEN YEAR ESTABLISHED
IN THE CARPET STEWARDSHIP PLAN SHALL AT A MINIMUM BE EQUAL TO THE  TOTAL
WEIGHT  OF  CARPET  SOLD BY A MANUFACTURER IN THE STATE DURING SUCH YEAR
MULTIPLIED  BY  THE  RECYCLING  OR  REUSE PERCENTAGE RATE ESTABLISHED IN
SUBDIVISION FIVE OF THIS SECTION.
  5. THE STATEWIDE RECYCLING AND  REUSE  PERCENTAGE  RATE  SHALL  BE  AS
FOLLOWS:
  (A) FOR CALENDAR YEARS TWO THOUSAND FOURTEEN AND TWO THOUSAND FIFTEEN:
TWENTY-FIVE PERCENT.
  (B)  FOR  CALENDAR  YEARS TWO THOUSAND SIXTEEN AND TWO THOUSAND SEVEN-
TEEN:  FORTY PERCENT.
  (C) FOR CALENDAR YEARS TWO THOUSAND EIGHTEEN AND  TWO  THOUSAND  NINE-
TEEN:  SIXTY PERCENT.
  (D)   FOR   CALENDAR  YEARS  TWO  THOUSAND  TWENTY  AND  TWO  THOUSAND
TWENTY-ONE:  SEVENTY-FIVE PERCENT.
  (E) FOR CALENDAR YEAR TWO THOUSAND TWENTY-TWO AND THEREAFTER:  NINETY-
FIVE PERCENT OR MORE.
  THE  TOTAL  WEIGHT  OF  CARPET  RECYCLED OR REUSED BY THE MANUFACTURER
INCLUDES CARPET OF ANY BRAND COLLECTED BY THE MANUFACTURER FOR RECYCLING
OR REUSE, AND IS NOT LIMITED TO  THE  MANUFACTURER'S  BRAND.  COMPLIANCE
WITH  THE  RECYCLING  OR  REUSE GOAL SHALL COMMENCE IN CALENDAR YEAR TWO
THOUSAND FOURTEEN.
  6. A MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION ON BEHALF  OF
THE  MANUFACTURER  MAY  PETITION THE DEPARTMENT FOR AN ADJUSTMENT TO THE
CARPET RECYCLING AND REUSE PERCENTAGE RATE. THE DEPARTMENT MAY GRANT  AN
ADJUSTMENT TO THE CARPET RECYCLING AND REUSE PERCENTAGE RATE ONLY IF THE
DEPARTMENT  DETERMINES  THERE  ARE DOCUMENTED EXIGENT CIRCUMSTANCES THAT
ARE BEYOND THE CONTROL OF THE MANUFACTURER.
  7. A MANUFACTURER WHO DOES NOT COMPLY WITH THE  ANNUAL  RECYCLING  AND
REUSE  GOAL  DESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION SHALL PAY AN
ANNUAL RECYCLING SURCHARGE EQUAL TO THE AVERAGE COST  OF  RECYCLING  THE
TOTAL WEIGHT OF CARPET THAT THE MANUFACTURER SHOULD HAVE RECYCLED PURSU-
ANT  TO  SUBDIVISION FIVE OF THIS SECTION. THE AVERAGE COST OF RECYCLING
IS SET AT FIFTEEN CENTS PER POUND OF DISCARDED CARPET THAT  SHOULD  HAVE
BEEN  RECYCLED.  THE DEPARTMENT MAY REVISE THE AVERAGE COST OF RECYCLING
FROM TIME TO TIME ON ITS OWN INITIATIVE OR UPON A PETITION BY A MANUFAC-
TURER  OR  A  CARPET  STEWARDSHIP  ORGANIZATION.  THE  ANNUAL  RECYCLING
SURCHARGE  SHALL  BE PAID AT THE TIME OF SUBMISSION OF THE ANNUAL REPORT
REQUIRED IN SECTION 27-2813 OF THIS TITLE.  THE  IMPLEMENTATION  OF  THE
ANNUAL  RECYCLING  SURCHARGE SHALL START WITH CALENDAR YEAR TWO THOUSAND
FOURTEEN AND WILL BE PAID AT THE TIME THE TWO THOUSAND  FOURTEEN  ANNUAL
REPORT  REQUIRED  IN  SECTION  27-2813 OF THIS TITLE IS SUBMITTED TO THE
DEPARTMENT.
  8. BEGINNING WITH CALENDAR YEAR TWO THOUSAND FIFTEEN, IF A MANUFACTUR-
ER'S CARPET RECYCLED RATE EXCEEDS THE GOAL REQUIRED BY PARAGRAPH (E)  OF
SUBDIVISION  FIVE  OF  THIS  SECTION, THE EXCESS MAY BE USED AS RECYCLED
CARPET CREDITS AND MAY BE SOLD, TRADED, OR BANKED FOR A PERIOD NO LONGER
THAN THREE CALENDAR YEARS SUCCEEDING THE YEAR IN WHICH THE CREDITS  WERE
EARNED;  PROVIDED,  HOWEVER,  THAT  NO  MORE  THAN  TWENTY  PERCENT OF A
MANUFACTURER'S OBLIGATION FOR ANY CALENDAR YEAR MAY BE MET WITH RECYCLED
CARPET CREDITS GENERATED IN A PRIOR CALENDAR YEAR. THE  RECYCLED  CARPET
CREDITS PROGRAM IS TO BE MANAGED BY A CARPET STEWARDSHIP ORGANIZATION.
S 27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.
  1. BY APRIL FIRST, TWO THOUSAND THIRTEEN, PRIOR TO SELLING OR OFFERING
FOR  SALE IN THE STATE ANY CARPET, A MANUFACTURER SHALL, EITHER DIRECTLY
OR THROUGH A CARPET STEWARDSHIP  ORGANIZATION:  (A)  REGISTER  WITH  THE

A. 8492--A                          5

DEPARTMENT  USING  THE  CARPET  STEWARDSHIP  PROGRAM  REGISTRATION  FORM
PRESCRIBED BY THE DEPARTMENT AND AVAILABLE ON THE  DEPARTMENT'S  WEBSITE
AND  PAY  A  REGISTRATION  FEE OF TEN THOUSAND DOLLARS; AND (B) SUBMIT A
CARPET STEWARDSHIP PLAN TO THE DEPARTMENT.
  2. AT A MINIMUM, THE MANUFACTURER SHALL LIST ON THE CARPET STEWARDSHIP
PROGRAM  REGISTRATION  FORM  THE  LIST OF ITS WHOLESALERS, RETAILERS AND
INSTALLERS AS WELL AS THE  GROSS  AMOUNT  OF  CARPET  (IN  TONS  AND  US
DOLLARS) SOLD IN THE STATE DURING THE LAST THREE YEARS.
  3.  A  MANUFACTURER'S  REGISTRATION  IS EFFECTIVE UPON FILING WITH THE
DEPARTMENT THE CARPET STEWARDSHIP  PROGRAM  REGISTRATION  FORM  TOGETHER
WITH THE REGISTRATION FEE AND THE CARPET STEWARDSHIP PLAN.
  4. A MANUFACTURER'S REGISTRATION MUST BE UPDATED WITHIN THIRTY DAYS OF
ANY  MATERIAL  CHANGE TO THE INFORMATION REQUIRED IN THE CARPET STEWARD-
SHIP PROGRAM REGISTRATION FORM OR THE CARPET STEWARDSHIP PLAN.
  5. THE MANUFACTURER SHALL POST ON ITS WEBSITE THE  CARPET  STEWARDSHIP
PLAN  SUBMITTED TO THE DEPARTMENT AS WELL AS THE DATE OF REGISTRATION OF
THE MANUFACTURER WITH THE DEPARTMENT.
  6. THE MANUFACTURER SHALL DEVELOP EDUCATIONAL MATERIALS  TO  ENCOURAGE
THE  COLLECTION,  RECYCLING AND REUSE OF DISCARDED CARPET AND SHALL MAKE
THOSE MATERIALS AVAILABLE  TO  WHOLESALERS,  RETAILERS,  INSTALLERS  AND
CONSUMERS.  SUCH  EDUCATIONAL MATERIALS SHALL INCLUDE STATEWIDE INFORMA-
TION CAMPAIGNS REGARDING THE MANDATORY COLLECTION, RECYCLING OR REUSE OF
DISCARDED CARPET IN THE STATE. THE CONTENT OF SUCH  CAMPAIGNS  SHALL  BE
COORDINATED  WITH  THE  DEPARTMENT,  THE  ENVIRONMENTAL SERVICES UNIT OF
EMPIRE STATE DEVELOPMENT, THE CARPET STEWARDSHIP ORGANIZATION AND  OTHER
MANUFACTURERS.
  7.  THE  MANUFACTURER  SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE
WITH THIS TITLE AND MAKE THEM AVAILABLE FOR AUDIT AND INSPECTION BY  THE
DEPARTMENT FOR A PERIOD OF THREE YEARS.
S 27-2807. WHOLESALER, RETAILER, INSTALLER AND CONSUMER REQUIREMENTS.
  1.  A  WHOLESALER, RETAILER OR INSTALLER SHALL NOT DISTRIBUTE, SELL OR
INSTALL CARPET OF A MANUFACTURER (A) WHO  IS  NOT  REGISTERED  WITH  THE
DEPARTMENT,  OR  (B)  IS  REGISTERED  WITH  THE DEPARTMENT BUT IS NOT IN
COMPLIANCE WITH THE PROVISIONS OF THIS TITLE.  IN THE EVENT  THE  REGIS-
TRATION  OF  THE MANUFACTURER WAS REVOKED BY THE DEPARTMENT OR WITHDRAWN
BY THE MANUFACTURER, A WHOLESALER, RETAILER OR INSTALLER MAY CONTINUE TO
DISTRIBUTE, SELL OR INSTALL THE CARPET OF SUCH MANUFACTURER FOR A PERIOD
OF ONE HUNDRED TWENTY DAYS FROM THE DATE THE REGISTRATION WAS REVOKED OR
WITHDRAWN.
  2. AT THE POINT OF SALE OF CARPET,  A  WHOLESALER  OR  RETAILER  SHALL
PROVIDE CONSUMERS WITH INFORMATION ABOUT COLLECTION, RECYCLING AND REUSE
OF  DISCARDED  CARPET. A WHOLESALER OR RETAILER SHALL COLLECT OR ARRANGE
FOR COLLECTION AND TRANSPORTATION OF DISCARDED CARPET  UPON  SUBMISSION,
AT  THE  POINT  OF SALE, OR BY MAIL, OR EMAIL, OF A WRITTEN REQUEST BY A
CONSUMER, WHETHER OR NOT THE CONSUMER PURCHASES CARPET FROM SUCH  WHOLE-
SALER  OR  RETAILER.  THE  WRITTEN  REQUEST  SUBMITTED BY A CONSUMER MAY
CONSIST OF A SIMPLE FORM PROVIDED BY  THE  MANUFACTURER,  WHOLESALER  OR
RETAILER,  AVAILABLE AT THE POINT OF SALE, WHICH SHALL CONTAIN THE NAME,
ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS OF THE CONSUMER AS  WELL  AS
THE FOLLOWING INFORMATION ABOUT THE CARPET:  APPROXIMATE SIZE, CONDITION
AND  LOCATION,  AND  IF  KNOWN,  COMPONENTS,  MATERIALS  AND BRAND. UPON
SUBMISSION OF A WRITTEN REQUEST BY A CONSUMER,  THE  WHOLESALER  OR  THE
RETAILER  SHALL  PROMPTLY  REMOVE  OR  CAUSE TO BE REMOVED THE DISCARDED
CARPET FROM ITS LOCATION, INCLUDING PULLING UP THE  CARPET,  WHETHER  OR
NOT  THE  CARPET  IS REPLACED. UPON REMOVAL OF THE DISCARDED CARPET FROM
ITS LOCATION, A WHOLESALER OR RETAILER SHALL, AS  SOON  AS  PRACTICABLE,

A. 8492--A                          6

SEND  THE DISCARDED CARPET TO THE LOCATION PROVIDED BY THE MANUFACTURER,
AT THE MANUFACTURER'S COST. WHEN REQUESTED BY  A  CONSUMER,  WHOLESALERS
AND  RETAILERS  ARE  RESPONSIBLE  FOR  THE  SAFE COLLECTION OF DISCARDED
CARPET  OR  TO COORDINATE COLLECTION OF DISCARDED CARPET WITH THE APPRO-
PRIATE PARTIES.
  3.  AN  INSTALLER  SHALL  PROVIDE  CONSUMERS  WITH  INFORMATION  ABOUT
COLLECTION,  RECYCLING  AND REUSE OF DISCARDED CARPET. UPON RECEIPT OF A
WRITTEN REQUEST FROM A CONSUMER, A RETAILER, A WHOLESALER OR A  MANUFAC-
TURER, TO REMOVE DISCARDED CARPET, AN INSTALLER SHALL PROMPTLY REMOVE OR
CAUSE  TO  BE  REMOVED  THE DISCARDED CARPET. THE REQUIREMENTS LISTED IN
SUBDIVISION TWO OF  THIS  SECTION  REGARDING  THE  WRITTEN  REQUEST  FOR
COLLECTION OF DISCARDED CARPET AND THE REMOVAL OF DISCARDED CARPET SHALL
APPLY.  UPON RECEIPT OF A WRITTEN REQUEST FROM A CONSUMER, A WHOLESALER,
A RETAILER, OR  A  MANUFACTURER,  INSTALLERS  ARE  RESPONSIBLE  FOR  THE
COLLECTION  OF  DISCARDED CARPET OR TO COORDINATE THE SAFE COLLECTION OF
DISCARDED CARPET WITH THE APPROPRIATE PARTIES.
  4. ANY CONSUMER IN THE STATE WHO WISHES TO DISPOSE  OF  ANY  DISCARDED
CARPET  SHALL CONTACT A MANUFACTURER, WHOLESALER, RETAILER, INSTALLER OR
RECYCLING FACILITY TO ORGANIZE THE COLLECTION OF DISCARDED CARPET.
  5. ON A MONTHLY BASIS,  A  WHOLESALER,  RETAILER  OR  INSTALLER  SHALL
COMMUNICATE  IN  WRITING  TO  THE  MANUFACTURER  THE WEIGHT OF DISCARDED
CARPET THAT HAS BEEN COLLECTED BY SUCH WHOLESALER, RETAILER OR INSTALLER
FOR RECYCLING OR REUSE.
S 27-2809. CARPET STEWARDSHIP PLAN.
  1. EACH  CARPET  STEWARDSHIP  PLAN  SHALL  ADDRESS  THE  ENVIRONMENTAL
IMPACTS  OF  CARPET OVER ITS ENTIRE LIFE CYCLE, INCLUDING CARPET DESIGN,
MANUFACTURE,  AND  DISTRIBUTION,  AND  THE  COLLECTION,  TRANSPORTATION,
REUSE, RECYCLING, AND FINAL DISPOSITION OF DISCARDED CARPET.
  2.  AN  UPDATED  CARPET  STEWARDSHIP  PLAN  SHALL  BE SUBMITTED TO THE
DEPARTMENT AT A MINIMUM EVERY FIVE YEARS.
  3. THE PLAN  SHALL  INCLUDE,  AT  A  MINIMUM,  ALL  OF  THE  FOLLOWING
ELEMENTS:
  (A)  IDENTIFICATION AND CONTACT INFORMATION FOR (1) THE PERSON SUBMIT-
TING THE PLAN; (2) THE MANUFACTURER OR  MANUFACTURERS  PARTICIPATING  IN
THE  CARPET  STEWARDSHIP  PLAN;  AND  (3)  IF A STEWARDSHIP ORGANIZATION
IMPLEMENTS THE CARPET STEWARDSHIP PLAN ON BEHALF OF  MANUFACTURERS,  THE
CARPET  STEWARDSHIP  ORGANIZATION, INCLUDING A DESCRIPTION OF THE CARPET
STEWARDSHIP ORGANIZATION, ITS  MANAGEMENT  AND  ADMINISTRATION  AND  THE
TASKS TO BE PERFORMED BY THE CARPET STEWARDSHIP ORGANIZATION;
  (B) A DESCRIPTION OF THE BRANDS OF CARPET COVERED BY THE PLAN;
  (C)  A  LIST  OF THE MANUFACTURER'S WHOLESALERS, RETAILERS AND INSTAL-
LERS;
  (D) A LIST OF THE COLLECTION AND RECYCLING  FACILITIES  THAT  WILL  BE
USED  BY THE MANUFACTURER INCLUDING THE ADDRESSES, PHONE NUMBERS OF SUCH
FACILITIES, AND THEIR AVERAGE  COSTS  OF  COLLECTION  AND  RECYCLING  OF
DISCARDED CARPET;
  (E)  GOALS,  OVER  A  FIVE-YEAR  PERIOD.  THE  GOALS SHALL INCLUDE THE
FOLLOWING:
  (1) THE CARPET RECYCLING AND REUSE GOALS; AND
  (2) A DESCRIPTION OF CARPET DESIGNING AND MATERIALS CONTENT,  MANUFAC-
TURING,  PACKAGING,  DISTRIBUTION, AND END-OF-LIFE MANAGEMENT GOALS. THE
GOALS SHALL ADDRESS THE USE OF VIRGIN MATERIALS IN  THE  MANUFACTURE  OF
THE  CARPET, THE IMPACT UPON, OR USE OF, WATER OR ENERGY IN THE MANUFAC-
TURE OF THE CARPET, THE USE OF, OR GENERATION OF  HAZARDOUS  SUBSTANCES,
IN THE MANUFACTURE OF THE CARPET, THE IMPACT OF THE CARPET ON GREENHOUSE

A. 8492--A                          7

GAS  EMISSIONS,  THE  CARPET'S  LONGEVITY,  THE  RECYCLED CONTENT OF THE
CARPET, AND RECYCLABILITY, WHERE APPLICABLE;
  (F)  THE  METHODS  AND  PROCESSES  USED TO INCREASE THE COLLECTION AND
RECYCLING OR REUSE OF DISCARDED CARPET AND THE RECYCLABILITY OF CARPET;
  (G) THE STRATEGIES USED TO INCENTIVIZE THE MARKET GROWTH  OF  RECYCLED
PRODUCTS MADE FROM DISCARDED CARPET AND TO DEVELOP RECYCLING INFRASTRUC-
TURE IN THE STATE;
  (H) AN OVERVIEW OF THE ROLES AND RESPONSIBILITIES OF KEY PLAYERS ALONG
THE DISTRIBUTION CHAIN;
  (I) EDUCATION AND OUTREACH ACTIVITIES TO CONSUMERS, INSTALLERS, WHOLE-
SALERS, RETAILERS AND OTHER INTERESTED PARTIES; AND
  (J)  A  DETAILED  FINANCING MECHANISM TO CARRY OUT THE PLAN, INCLUDING
BUT NOT LIMITED TO THE ADMINISTRATIVE, OPERATIONAL, AND CAPITAL COSTS OF
THE PLAN.
S 27-2811. DEPARTMENT RESPONSIBILITIES.
  1. THE DEPARTMENT SHALL POST ON ITS WEBSITE THE LIST OF  THE  MANUFAC-
TURERS  WHO  HAVE REGISTERED WITH THE DEPARTMENT TOGETHER WITH A LINK TO
EACH MANUFACTURER'S WEBSITE AND CARPET STEWARDSHIP PLAN.
  2. THE DEPARTMENT'S WEBSITE SHALL BE UPDATED PERIODICALLY  TO  REFLECT
WHETHER A MANUFACTURER IS OR IS NOT IN COMPLIANCE WITH THE PROVISIONS OF
THIS TITLE.
  3. PERIODICALLY THE DEPARTMENT MAY CONDUCT RANDOMLY SELECTED AUDITS TO
VERIFY COMPLIANCE BY A MANUFACTURER WITH THE PROVISIONS OF THIS TITLE.
  4.  THE  DEPARTMENT MAY PROVIDE INFORMATION REGARDING THE AVAILABILITY
OF RECYCLING  FACILITIES  AND  COMPANIES  THAT  COLLECT  AND/OR  RECYCLE
DISCARDED  CARPET,  INCLUDING  THE  ADDRESSES  AND PHONE NUMBERS OF SUCH
FACILITIES.
  5. IN ORDER TO ASSIST IN THE CREATION AND DEVELOPMENT OF CARPET  RECY-
CLING INFRASTRUCTURE IN THE STATE AS WELL AS IN DEVELOPING MARKET OPPOR-
TUNITIES  FOR RECYCLED PRODUCTS AND MATERIALS, THE DEPARTMENT, THE ENVI-
RONMENTAL SERVICES UNIT OF EMPIRE  STATE  DEVELOPMENT,  AND  THE  CARPET
STEWARDSHIP  ORGANIZATION  MAY FORM A CARPET STEWARDSHIP PROGRAM SUPPORT
UNIT HEADQUARTERED WITHIN THE  ENVIRONMENTAL  SERVICES  UNIT  OF  EMPIRE
STATE  DEVELOPMENT.  THE  ENVIRONMENTAL  SERVICES  UNIT  OF EMPIRE STATE
DEVELOPMENT WILL  HAVE  PRIMARY  RESPONSIBILITY  TO  MANAGE  THE  CARPET
STEWARDSHIP  PROGRAM  SUPPORT  UNIT.  THE ROLE OF THE CARPET STEWARDSHIP
PROGRAM SUPPORT UNIT  WILL  BE  TO  PROVIDE  ASSISTANCE  AND  COORDINATE
EFFORTS  TO  CREATE  IN  THE  STATE  RECYCLING INFRASTRUCTURE AS WELL AS
MARKETS FOR RECYCLED PRODUCTS AND MATERIALS.
  6. THE DEPARTMENT, THE CARPET STEWARDSHIP PROGRAM SUPPORT UNIT  WITHIN
THE  ENVIRONMENTAL SERVICES UNIT OF EMPIRE STATE DEVELOPMENT, THE CARPET
STEWARDSHIP ORGANIZATION AND MANUFACTURERS SHALL LAUNCH STATEWIDE  COOR-
DINATED  INFORMATION CAMPAIGNS, AT THE MANUFACTURERS' COSTS, USING VARI-
OUS COMMUNICATION INSTRUMENTS SUCH AS BUT NOT LIMITED TO  THE  INTERNET,
NEWSPAPERS,  TELEVISION, RADIO AND MOVIE THEATERS, TO INFORM AND EDUCATE
CONSUMERS, INSTALLERS, RETAILERS AND  WHOLESALERS  ABOUT  THE  MANDATORY
COLLECTION AND RECYCLING OR REUSE OF DISCARDED CARPET.
  7.  ON  OR  BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT
SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE AND EVERY FOUR
YEARS THEREAFTER  DESCRIBING  THE  RESULTS  OF  THE  CARPET  STEWARDSHIP
PROGRAM  AND  RECOMMENDING  WHETHER  TO  UNDERTAKE  ANY MODIFICATIONS TO
IMPROVE ITS FUNCTIONING AND EFFICIENCY. AT A MINIMUM  THE  REPORT  SHALL
INCLUDE:
  (A) AN EVALUATION OF THE CARPET WASTE STREAM IN THE STATE;
  (B) RECYCLING AND REUSE RATES IN THE STATE FOR CARPET;
  (C) AN EVALUATION OF COMPLIANCE AND ENFORCEMENT ACTIONS;

A. 8492--A                          8

  (D)  A  DISCUSSION  OF  OPPORTUNITIES  FOR BUSINESS DEVELOPMENT IN THE
STATE RELATED TO THE COLLECTION, HANDLING  AND  RECYCLING  OR  REUSE  OF
CARPET IN THE STATE.
  8. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS IF
IT DEEMS IT NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2813. REPORTING REQUIREMENTS.
  1.  THE MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION, WHICHEVER
APPLIES, SHALL PREPARE AND SUBMIT TO THE  DEPARTMENT,  ANNUALLY  BY  MAY
FIRST  AN  ANNUAL  REPORT DESCRIBING THE ACTIVITIES CONDUCTED DURING THE
PRIOR CALENDAR YEAR TO IMPLEMENT THE CARPET STEWARDSHIP PLAN, INCLUDING:
  (A) IDENTIFICATION AND CONTACT INFORMATION FOR: (1) THE PERSON SUBMIT-
TING THE ANNUAL  REPORT;  (2)  THE  MANUFACTURER;  AND  (3)  THE  CARPET
STEWARDSHIP ORGANIZATION, IF APPLICABLE;
  (B) GOALS ACHIEVED, INCLUDING BUT NOT LIMITED TO: (1) THE QUANTITY AND
PERCENTAGE  RATE  OF  CARPET  COLLECTED  IN  THE STATE FOR RECYCLING AND
REUSE, COMPARISON ANALYSIS WITH THE GOALS OF THE PRIOR YEAR; AND (2) HOW
THE CARPET STEWARDSHIP PLAN ATTAINED THE GOALS ESTABLISHED IN SUCH  PLAN
OR  THE GOALS SET BY THE DEPARTMENT AND, IF THE GOALS WERE NOT ATTAINED,
WHAT ACTIONS WILL BE TAKEN DURING THE CURRENT REPORTING PERIOD TO DO SO;
  (C) THE COLLECTION, HANDLING, TRANSPORTATION, PROCESSING AND  DISPOSAL
SYSTEMS USED;
  (D)  THE EDUCATION AND OUTREACH ACTIVITIES PROVIDED DURING THE REPORT-
ING PERIOD TO REACH CONSUMERS, COMMERCIAL BUILDING OWNERS, INSTITUTIONS,
WHOLESALERS, RETAILERS, INSTALLERS AND OTHER INTERESTED PARTIES;
  (E) STEPS TAKEN TO MANAGE AND REDUCE THE  LIFE-CYCLE  IMPACTS  OF  THE
CARPET, FROM PRODUCT DESIGN TO END-OF-LIFE MANAGEMENT, INCLUDING HOW THE
FORMULATION,  PACKAGING AND DISTRIBUTION OF CARPET HAVE BEEN IMPROVED TO
REDUCE WASTE, REDUCE TOXICITY, REDUCE  CARBON  FOOTPRINT,  REDUCE  OTHER
ENVIRONMENTAL  IMPACTS,  INCREASE  RECYCLED  CONTENT,  INCREASE  PRODUCT
LONGEVITY AND MAKE PRODUCTS MORE EASILY RECYCLABLE;
  (F) THE TOTAL COST OF IMPLEMENTING THE CARPET STEWARDSHIP PLAN; AND
  (G) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REASONABLY REQUIRE.
  2. THE ANNUAL REPORT REQUIRED UNDER SUBDIVISION ONE  OF  THIS  SECTION
SHALL BE SUBMITTED TO THE DEPARTMENT TOGETHER WITH AN ANNUAL ADMINISTRA-
TIVE  PROCESSING  FEE  IN  THE  AMOUNT  OF FIVE THOUSAND DOLLARS AND ANY
SURCHARGE REQUIRED TO BE PAID UNDER SECTION 27-2803 OF THIS TITLE.
  3. THE DEPARTMENT MAY REQUIRE ANNUAL REPORTS  TO  BE  FILED  ELECTRON-
ICALLY.
S 27-2815. PREEMPTION.
  ANY LOCAL LAW OR ORDINANCE WHICH IS INCONSISTENT WITH ANY PROVISION OF
THIS  TITLE  OR  ANY  RULE OR REGULATION PROMULGATED THEREUNDER SHALL BE
PREEMPTED.
S 27-2817. DISPOSITION OF FEES AND PENALTIES.
  ALL FEES COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO  THE
ENVIRONMENTAL  CONSERVATION SPECIAL REVENUE ACCOUNT TO THE CREDIT OF THE
ENVIRONMENTAL REGULATORY ACCOUNT. ALL SURCHARGES AND PENALTIES COLLECTED
PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO THE SOLID  WASTE  MANAGE-
MENT  ACCOUNT  OF  THE  ENVIRONMENTAL  PROTECTION FUND ESTABLISHED UNDER
SECTION 92-S OF THE STATE FINANCE LAW. ALL FEES, SURCHARGES  AND  PENAL-
TIES  COLLECTED  PURSUANT  TO  THIS  TITLE  SHALL BE USED EXCLUSIVELY TO
IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2819. ENFORCEMENT.
  1. THE DEPARTMENT SHALL ENFORCE ALL THE PROVISIONS OF THIS TITLE.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
THE  DEPARTMENT  MAY  DELEGATE THE ENFORCEMENT OF THE PROVISIONS OF THIS
TITLE TO A MUNICIPALITY. THE MUNICIPALITY SHALL SUBMIT TO THE DEPARTMENT

A. 8492--A                          9

A WRITTEN REQUEST TO BE AUTHORIZED TO ENFORCE  THE  PROVISIONS  OF  THIS
TITLE.  THE DEPARTMENT SHALL MAKE A DECISION ON THE REQUEST FILED BY THE
MUNICIPALITY WITHIN THIRTY DAYS FROM THE DATE OF RECEIPT OF THE  MUNICI-
PALITY'S REQUEST.
  3.  THE  DEPARTMENT MAY TEMPORARILY PREVENT A MANUFACTURER, WHOLESALER
OR RETAILER WHO IS NOT IN COMPLIANCE WITH THE PROVISIONS OF  THIS  TITLE
FROM SELLING OR OFFERING TO SELL ANY CARPET IN THE STATE.
  4. ANY MANUFACTURER WHO FAILS TO SUBMIT ANY REPORT, REGISTRATION FORM,
FEE,  OR  SURCHARGE TO THE DEPARTMENT AS REQUIRED BY THIS TITLE SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS  FOR  EACH
DAY SUCH REPORT, REGISTRATION FORM, FEE, OR SURCHARGE IS NOT SUBMITTED.
  5.  ANY  MANUFACTURER  WHO  VIOLATES ANY OTHER PROVISION OF THIS TITLE
SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED ONE
THOUSAND DOLLARS FOR THE FIRST  VIOLATION,  TWO  THOUSAND  FIVE  HUNDRED
DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
  6.  ANY  WHOLESALER, RETAILER, OR INSTALLER WHO VIOLATES ANY PROVISION
OF THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT
TO EXCEED TWO HUNDRED  FIFTY  DOLLARS  FOR  THE  FIRST  VIOLATION,  FIVE
HUNDRED  DOLLARS  FOR  THE SECOND VIOLATION AND ONE THOUSAND DOLLARS FOR
THE THIRD AND SUBSEQUENT VIOLATIONS OF  THIS  TITLE  IN  A  TWELVE-MONTH
PERIOD.
  7.  A  CIVIL  PENALTY  OF  UP TO FIVE THOUSAND DOLLARS FOR EACH DAY OF
NONCOMPLIANCE SHALL BE ADMINISTRATIVELY IMPOSED BY THE DEPARTMENT ON ANY
PERSON WHO IS IN VIOLATION OF  ANY  PROVISION  OF  THIS  TITLE  AND  THE
VIOLATION IS INTENTIONAL, KNOWING, OR NEGLIGENT.
  8.  ANY  CONSUMER  WHO  VIOLATES  ANY PROVISION OF THIS TITLE SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY  DOLLARS  FOR
EACH VIOLATION.
  9.  ANY  PERSON,  WHO  VIOLATES  ANY  PROVISION OF THIS TITLE SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED THREE HUNDRED DOLLARS FOR  EACH
VIOLATION.
  10.  CIVIL  PENALTIES  UNDER  THIS  SECTION  SHALL  BE ASSESSED BY THE
DEPARTMENT AFTER A HEARING OR OPPORTUNITY TO BE HEARD  PURSUANT  TO  THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, AND, IN ADDITION THERETO,
SUCH  PERSON  MAY  BY  SIMILAR  PROCESS BE ENJOINED FROM CONTINUING SUCH
VIOLATION. IN THE EVENT A MUNICIPALITY HAS RECEIVED DELEGATION FROM  THE
DEPARTMENT  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, CIVIL PENALTIES
SHALL BE ASSESSED BY THE  DESIGNATED  AUTHORITY  WITHIN  A  MUNICIPALITY
AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION  71-1709  OF  THIS  CHAPTER, AND, IN ADDITION THERETO BY SIMILAR
PROCESS CONTINUATION OF A VIOLATION MAY BE ENJOINED  BY  THE  DESIGNATED
AUTHORITY WITHIN A MUNICIPALITY.
  11.  ANY  CONSUMER  WHO  WAS DENIED COLLECTION OF HIS OR HER DISCARDED
CARPET BY A MANUFACTURER, A WHOLESALER, A RETAILER OR AN  INSTALLER  MAY
REPORT  SUCH DENIAL TO THE DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN
A MUNICIPALITY WHO HAS RECEIVED DELEGATION FROM THE DEPARTMENT  PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.  SUCH CONSUMER SHALL FILE A CLAIM ON
LINE  WITH  THE  DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN A MUNICI-
PALITY, WHO HAS RECEIVED DELEGATION  FROM  THE  DEPARTMENT  PURSUANT  TO
SUBDIVISION  TWO OF THIS SECTION, INDICATING THE DATE, NAME AND LOCATION
OF THE MANUFACTURER, WHOLESALER, RETAILER OR INSTALLER  WHO  REFUSED  TO
COLLECT  THE CONSUMER'S DISCARDED CARPET.  UPON REVIEW OF THE CLAIM, THE
DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN A  MUNICIPALITY,  WHO  HAS
RECEIVED  DELEGATION  FROM THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, SHALL INVESTIGATE THE CLAIM WITHIN THIRTY  DAYS  FROM  THE

A. 8492--A                         10

DATE  OF  RECEIPT  OF THE CLAIM. WITHIN FORTY-FIVE DAYS FROM THE DATE OF
RECEIPT OF THE CLAIM, THE DEPARTMENT OR THE DESIGNATED AUTHORITY  WITHIN
A MUNICIPALITY, WHO HAS RECEIVED DELEGATION FROM THE DEPARTMENT PURSUANT
TO  SUBDIVISION  TWO  OF  THIS SECTION, WILL DETERMINE WHETHER OR NOT AN
ADMINISTRATIVE CIVIL PENALTY OF ONE THOUSAND DOLLARS SHALL  BE  ASSESSED
AGAINST  SUCH  MANUFACTURER, WHOLESALER, RETAILER OR INSTALLER, IN ADDI-
TION TO ENFORCING THE COLLECTION OF DISCARDED  CARPET  MANDATED  BY  THE
PROVISIONS  OF  THIS  TITLE.  THE  PARTY WITH WHOM THE PERSON FILING THE
CLAIM LAST INTERACTED WILL BE THE PRIMARY RESPONSIBLE  PARTY  WHO  SHALL
PAY THE ADMINISTRATIVE CIVIL PENALTY OF ONE THOUSAND DOLLARS.
S 27-2821. STATE AGENCIES RESPONSIBILITIES.
  1. STATE AGENCIES SHALL IMPLEMENT CARPET WASTE REDUCTION, REUSE, RECY-
CLING  AND  PURCHASE RECYCLED CARPETS FROM MANUFACTURERS, WHOLESALERS OR
RETAILERS WHO COMPLY WITH THE PROVISIONS OF THIS TITLE.  STATE  AGENCIES
SHALL USE INSTALLERS WHO COMPLY WITH THE PROVISIONS OF THIS TITLE.
  2.  BEGINNING  JULY FIRST, TWO THOUSAND THIRTEEN, AT LEAST THIRTY-FIVE
PERCENT OF THE CARPETS PURCHASED BY  STATE  AGENCIES  MUST  BE  RECYCLED
CARPET  AND COMPLY WITH THE NSF/ANSI 140-2007E STANDARD, PLATINUM LEVEL,
OR A MORE STRINGENT  STANDARD  PROVIDING  FOR  THE  BEST  SUSTAINABILITY
PERFORMANCE  AND  A  BETTER PROTECTION OF THE ENVIRONMENT AND THE PUBLIC
HEALTH. THEREAFTER SUCH PURCHASE SHALL INCREASE  AT  A  RATE  OF  TWENTY
PERCENT EACH YEAR UNTIL IT REACHES ONE HUNDRED PERCENT.
S 27-2823. MISCELLANEOUS.
  1.  THIS  TITLE  DOES  NOT  LIMIT,  SUPERSEDE, DUPLICATE, OR OTHERWISE
CONFLICT WITH THE PROVISIONS OF ARTICLE THIRTY-SEVEN OF THIS CHAPTER  ON
SUBSTANCES  HAZARDOUS  OR ACUTELY HAZARDOUS TO PUBLIC HEALTH, SAFETY AND
THE ENVIRONMENT.
  2. IF ANY PROVISION OF THIS TITLE OR ITS APPLICATION TO ANY PERSON  OR
CIRCUMSTANCE  IS HELD INVALID, THE REMAINDER OF THIS TITLE OR THE APPLI-
CATION OF THE  PROVISION  TO  OTHER  PERSONS  OR  CIRCUMSTANCES  IS  NOT
AFFECTED.
  S  3. This act shall take effect one year after it shall have become a
law.