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

                                  3797

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M. of A. KAVANAGH, 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:

  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 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 REMOVAL, ACCEPTANCE AND RECYCLING.
        27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04068-01-3

              

A. 3797                             2

        27-2807. WHOLESALER,  RETAILER,  FLOORING  AND  FLOOR   COVERING
                   CONTRACTOR AND CONSUMER REQUIREMENTS.
        27-2809. CARPET STEWARDSHIP PLAN.
        27-2811. DEPARTMENT RESPONSIBILITIES.
        27-2813. ANNUAL 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  FROM SYNTHETIC OR NATURAL MATERIALS. "CARPET" INCLUDES,
BUT IS NOT LIMITED TO, A COMMERCIAL OR A RESIDENTIAL  BROADLOOM  CARPET,
MODULAR CARPET TILES, AND A PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH
A  CARPET.   "CARPET" DOES NOT INCLUDE RUGS, DEFINED AS A FLOOR COVERING
THAT DOES NOT EXTEND OVER THE ENTIRE FLOOR AND IS AREA SPECIFIC; MOVABLE
FLOOR COVERING; OR 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 WASTE 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
FOR USE.
  (G)  "DISCARDED  CARPET"  MEANS  CARPET THAT IS NO LONGER USED FOR ITS
MANUFACTURED PURPOSE, OR IS NO LONGER WANTED BY A CONSUMER. HOWEVER, THE
TERM DOES NOT INCLUDE CARPET SCRAP GENERATED DURING CARPET PRODUCTION.
  (H) "FLOORING AND FLOOR COVERING" MEANS  MATERIAL  USED  TO  MAKE  THE
SURFACE  OF  A  FLOOR ABOVE THE SUB-FLOOR INCLUDING, BUT NOT LIMITED TO,

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CARPET, LINOLEUM, VINYL, OR RUBBER ROLLS AND TILE; NATURAL AND SYNTHETIC
STONE TILES; OR PLANKS, SECTIONS, OR SQUARES CUT OR ASSEMBLED FROM WOOD,
BARK, OR OTHER PLANT OR SYNTHETIC MATERIALS.
  (I) "FLOORING AND FLOOR COVERING CONTRACTOR" MEANS ANY PERSON OR ENTI-
TY  WHICH OPERATES A BUSINESS THAT INSTALLS, REPLACES, OR REMOVES FLOOR-
ING OR FLOOR COVERING, OR THAT UNDERTAKES, OFFERS TO UNDERTAKE OR AGREES
TO INSTALL, REPLACE, OR REMOVE FLOORING OR FLOOR COVERING FOR A FEE; AND
FOR WHICH THE TOTAL COST OF ALL OF HIS OR HER FLOORING OR FLOOR COVERING
CONTRACTS WITH ALL ITS  CUSTOMERS  EXCEEDS  ONE  THOUSAND  FIVE  HUNDRED
DOLLARS  DURING ANY PERIOD OF TWELVE CONSECUTIVE MONTHS. SUCH TERM SHALL
NOT INCLUDE A PERSON, FIRM, LANDLORD, COOPERATIVE CORPORATION, CONDOMIN-
IUM BOARD OF MANAGERS, JOINT TENANT OR CO-TENANT THAT OWNS, IN WHOLE  OR
IN PART, THE REAL PROPERTY TO BE IMPROVED.
  (J)  "MANUFACTURER"  MEANS: (1) THE PERSON WHO MANUFACTURES AND SELLS,
OFFERS FOR SALE, OR DISTRIBUTES THE  CARPET  IN  THE  STATE  UNDER  THAT
PERSON'S  OWN  NAME OR BRAND; (2) IF THERE IS NO PERSON WHO MANUFACTURES
AND SELLS, OFFERS FOR SALE, OR DISTRIBUTES THE CARPET IN THE STATE UNDER
THE PERSON'S OWN NAME OR BRAND, THE MANUFACTURER IS THE OWNER OR  LICEN-
SEE  OF  A TRADEMARK OR BRAND UNDER WHICH THE CARPET IS SOLD OR DISTRIB-
UTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED;  AND  (3)
IF THERE IS NO PERSON WHO IS A MANUFACTURER OF THE CARPET UNDER SUBPARA-
GRAPH  (1)  OR (2) OF THIS PARAGRAPH, THE MANUFACTURER OF THAT CARPET IS
THE PERSON WHO IMPORTS THE CARPET INTO THE STATE FOR  SALE  OR  DISTRIB-
UTION.
  (K) "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE.
  (L)  "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.
  (M)  "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.
  (N) "REASONABLE CONDITION" MEANS FIFTY PERCENT OR LESS OF A CARPET HAS
DAMAGE DUE TO FIRE, FLOOD, SMOKE, OR MOLD.
  (O) "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE  CARPET  IN
THIS STATE TO A CONSUMER.
  (P)  "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.
  (Q)  "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.
  (R) "WHOLESALER" MEANS EVERY PERSON WHO SELLS OR DISTRIBUTES CARPET IN
THE  STATE  IN A SALE THAT IS NOT A RETAIL SALE, AND IN WHICH THE CARPET
IS INTENDED TO BE RESOLD.
S 27-2803. MANUFACTURER REMOVAL, ACCEPTANCE AND RECYCLING.
  1. BEGINNING JULY FIRST,  TWO  THOUSAND  FIFTEEN,  A  MANUFACTURER  OF
CARPET  OR  A  CARPET STEWARDSHIP ORGANIZATION WORKING ON BEHALF OF SUCH
MANUFACTURER SHALL REMOVE, ACCEPT, TRANSPORT AND RECYCLE  OR  REUSE  ANY

A. 3797                             4

DISCARDED  CARPET  INCLUDING  DISCARDED CARPET REMOVED AND ACCEPTED FROM
CONSUMERS OR THROUGH WHOLESALERS,  RETAILERS,  AND  FLOORING  AND  FLOOR
COVERING CONTRACTORS PURSUANT TO THIS TITLE.
  2. THE REMOVAL AND ACCEPTANCE OF DISCARDED CARPET SHALL BE DONE PRIMA-
RILY,  BUT  NOT  EXCLUSIVELY,  THROUGH  THE  MANUFACTURER'S WHOLESALERS,
RETAILERS AND ANY FLOORING AND FLOOR COVERING CONTRACTORS.
  3. THE MANUFACTURER, AT THE MANUFACTURER'S COST, SHALL  MAKE  ARRANGE-
MENTS WITH ITS WHOLESALERS, RETAILERS, AND ANY FLOORING AND FLOOR COVER-
ING  CONTRACTORS  FOR  THE REMOVAL, ACCEPTANCE, TRANSPORT, RECYCLING AND
REUSE OF DISCARDED CARPET ACCEPTED PURSUANT TO THE  PROVISIONS  OF  THIS
TITLE  AND  SHALL  PROVIDE FOR A LOCATION FOR SUCH WHOLESALER, RETAILER,
AND FLOORING AND FLOOR COVERING CONTRACTOR  TO  SEND  REMOVED  DISCARDED
CARPET.    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 REMOVAL AND
ACCEPTANCE PROCESS SHALL REQUIRE SOURCE SEPARATION AND ENSURE THE CARPET
IS IN A CONDITION ALLOWING ITS RECYCLING  OR  REUSE.  THE  MANUFACTURER,
WHOLESALER,  RETAILER, AND FLOORING AND FLOOR COVERING CONTRACTORS SHALL
NOT REFUSE TO REMOVE OR ACCEPT ANY CARPET IN REASONABLE CONDITION.
  4. BEGINNING IN CALENDAR YEAR TWO THOUSAND SIXTEEN,  THE  MANUFACTURER
SHALL  COMPLY  WITH  THE  RECYCLING  AND  REUSE GOALS ESTABLISHED IN ITS
CARPET STEWARDSHIP PLAN REQUIRED BY SECTION 27-2809 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 STATEWIDE RECYCLING AND  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 SIXTEEN AND  TWO  THOUSAND  SEVEN-
TEEN:  TWENTY-FIVE PERCENT.
  (B)  FOR  CALENDAR  YEARS TWO THOUSAND EIGHTEEN AND TWO THOUSAND NINE-
TEEN:  FORTY PERCENT.
  (C)  FOR  CALENDAR  YEARS  TWO  THOUSAND  TWENTY  AND   TWO   THOUSAND
TWENTY-ONE:  SIXTY PERCENT.
  (D)  FOR CALENDAR YEARS TWO THOUSAND TWENTY-TWO AND TWO THOUSAND TWEN-
TY-THREE: SEVENTY-FIVE PERCENT.
  (E) FOR CALENDAR YEAR TWO THOUSAND TWENTY-FOUR AND  THEREAFTER:  NINE-
TY-FIVE PERCENT OR MORE.
  THE  TOTAL  WEIGHT  OF  CARPET  RECYCLED OR REUSED BY THE MANUFACTURER
INCLUDES CARPET OF ANY BRAND ACCEPTED BY THE MANUFACTURER FOR  RECYCLING
OR REUSE, AND IS NOT LIMITED TO THE MANUFACTURER'S BRAND.
  6.  A MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION ON BEHALF OF
THE MANUFACTURER MAY PETITION THE DEPARTMENT FOR AN  ADJUSTMENT  TO  THE
STATEWIDE  RECYCLING AND REUSE PERCENTAGE RATE. THE DEPARTMENT MAY GRANT
AN ADJUSTMENT TO THE STATEWIDE RECYCLING AND REUSE PERCENTAGE  RATE  FOR
THE  MANUFACTURER ONLY IF THE DEPARTMENT DETERMINES THERE ARE DOCUMENTED
EXIGENT CIRCUMSTANCES THAT ARE BEYOND THE CONTROL OF THE MANUFACTURER.
  7. BEGINNING IN THE CALENDAR YEAR TWO THOUSAND SIXTEEN, A MANUFACTURER
WHO DOES NOT COMPLY WITH ITS ANNUAL RECYCLING AND REUSE GOAL ESTABLISHED
IN ITS CARPET STEWARDSHIP  PLAN  IN  ANY  YEAR  SHALL  PAY  A  RECYCLING
SURCHARGE  EQUAL  TO  THE  AVERAGE COST OF RECYCLING THE TOTAL WEIGHT OF
ADDITIONAL CARPET THAT THE MANUFACTURER WAS REQUIRED TO RECYCLE OR REUSE
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. THE AVERAGE COST OF  RECY-
CLING SHALL BE FIFTEEN CENTS PER POUND; PROVIDED THAT THE DEPARTMENT MAY
REVISE THE AVERAGE COST OF RECYCLING FROM TIME TO TIME ON ITS OWN INITI-

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ATIVE  OR  UPON  A  PETITION  BY  A MANUFACTURER OR A CARPET STEWARDSHIP
ORGANIZATION. THE RECYCLING SURCHARGE FOR ANY YEAR SHALL BE PAID AT  THE
TIME  OF  SUBMISSION  OF  THE  ANNUAL  REPORT FOR THAT CALENDAR YEAR, AS
REQUIRED IN SECTION 27-2813 OF THIS TITLE.
  8.    BEGINNING  IN  THE  CALENDAR  YEAR  TWO THOUSAND SEVENTEEN, IF A
MANUFACTURER'S RATE OF RECYCLING AND REUSE OF CARPETS EXCEEDS  THE  GOAL
PROVIDED  IN  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 CALEN-
DAR YEAR OR PURCHASED.
S 27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.
  1.  BY APRIL FIRST, TWO THOUSAND FIFTEEN, 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
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 ITS WHOLESALERS AND RETAILERS AS WELL AS THE
GROSS AMOUNT OF CARPET (IN TONS AND US DOLLARS) SOLD IN THE STATE DURING
THE PREVIOUS THREE CALENDAR YEARS.
  3. A MANUFACTURER'S REGISTRATION  IS  EFFECTIVE  UPON  FULFILLING  THE
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
  4.  A MANUFACTURER SHALL UPDATE ITS REGISTRATION 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 AND THE DATE OF REGISTRATION OF THE
MANUFACTURER WITH THE DEPARTMENT.
  6. THE MANUFACTURER SHALL DEVELOP EDUCATIONAL MATERIALS  TO  ENCOURAGE
THE  REMOVAL AND ACCEPTANCE, RECYCLING AND REUSE OF DISCARDED CARPET AND
SHALL MAKE THOSE MATERIALS AVAILABLE TO WHOLESALERS, RETAILERS, FLOORING
AND FLOOR COVERING CONTRACTORS AND CONSUMERS. SUCH EDUCATIONAL MATERIALS
SHALL INCLUDE STATEWIDE INFORMATION CAMPAIGNS  REGARDING  THE  MANDATORY
REMOVAL,  ACCEPTANCE,  TRANSPORT  AND  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  MANUFACTUR-
ERS.
  7.    BEGINNING  WITH  CALENDAR  YEAR TWO THOUSAND EIGHTEEN, AND EVERY
THREE YEARS THEREAFTER, A MANUFACTURER OR THE CARPET STEWARDSHIP  ORGAN-
IZATION  ON  BEHALF  OF  THE  MANUFACTURER SHALL RETAIN A THIRD-PARTY TO
AUDIT THE MANUFACTURER'S RECYCLING  AND  REUSE  PROGRAM  TO  DEMONSTRATE
COMPLIANCE  WITH  THE  PROVISIONS  OF  THIS TITLE. A MANUFACTURER OR THE
CARPET STEWARDSHIP ORGANIZATION ON  BEHALF  OF  THE  MANUFACTURER  SHALL
MAINTAIN  THE  RESULT OF THIS AUDIT FOR A PERIOD OF THREE YEARS. RESULTS
OF THIS AUDIT SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
S 27-2807. WHOLESALER, RETAILER, FLOORING AND FLOOR COVERING  CONTRACTOR
             AND CONSUMER REQUIREMENTS.
  1.  A  WHOLESALER,  RETAILER OR FLOORING AND FLOOR COVERING CONTRACTOR
SHALL NOT DISTRIBUTE, SELL OR INSTALL CARPET OF A MANUFACTURER  (A)  WHO
IS  NOT  REGISTERED  WITH  THE DEPARTMENT, OR (B) IS REGISTERED WITH THE

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DEPARTMENT BUT IS NOT IN COMPLIANCE WITH THE PROVISIONS OF  THIS  TITLE.
IN  THE  EVENT  THE  REGISTRATION OF THE MANUFACTURER WAS REVOKED BY THE
DEPARTMENT OR WITHDRAWN BY THE MANUFACTURER, A WHOLESALER,  RETAILER  OR
FLOORING  AND FLOOR COVERING CONTRACTOR MAY CONTINUE TO DISTRIBUTE, SELL
OR INSTALL THE CARPET OF SUCH MANUFACTURER FOR A PERIOD OF  ONE  HUNDRED
EIGHTY 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 REMOVAL, ACCEPTANCE,  TRANSPORT
AND RECYCLING AND REUSE OF DISCARDED CARPET.
  3.  A  WHOLESALER OR RETAILER SHALL PROMPTLY AND SAFELY REMOVE, ACCEPT
AND TRANSPORT, OR ARRANGE FOR REMOVAL, ACCEPTANCE AND TRANSPORTATION  OF
DISCARDED  CARPET  UPON SUBMISSION OF A WRITTEN REQUEST BY A CONSUMER IN
PERSON OR BY MAIL, EMAIL, OR ONLINE FORM.
  (A) THE REQUIREMENTS OF THIS SUBDIVISION SHALL APPLY  WHETHER  OR  NOT
THE CONSUMER PURCHASED CARPET FROM SUCH WHOLESALER OR RETAILER.
  (B) A MANUFACTURER, WHOLESALER OR RETAILER SHALL MAKE AVAILABLE AT THE
POINT  OF  SALE  OR ONLINE A FORM FOR USE BY A CONSUMER TO SUBMIT SUCH A
WRITTEN REQUEST. SUCH FORM SHALL CONTAIN THE  NAME,  ADDRESS,  TELEPHONE
NUMBER  AND  EMAIL ADDRESS OF THE CONSUMER AND THE FOLLOWING INFORMATION
ABOUT THE CARPET: APPROXIMATE  SIZE,  CONDITION  AND  LOCATION,  AND  IF
KNOWN, COMPONENTS, MATERIALS AND BRAND.
  (C)  REMOVAL  OR  CAUSING REMOVAL OF DISCARDED CARPET PURSUANT TO THIS
SUBDIVISION SHALL INCLUDE PULLING UP THE  CARPET,  WHETHER  OR  NOT  THE
CARPET IS REPLACED.
  (D)  UPON  REMOVAL OF THE DISCARDED CARPET FROM ITS LOCATION, A WHOLE-
SALER OR RETAILER SHALL, AS SOON  AS  PRACTICABLE,  SEND  THE  DISCARDED
CARPET  TO  THE  LOCATION PROVIDED BY THE MANUFACTURER. THE MANUFACTURER
SHALL BE RESPONSIBLE FOR THE COST OF TRANSPORTING THE  DISCARDED  CARPET
FROM ITS REMOVAL LOCATION TO THE LOCATION PROVIDED BY THE MANUFACTURER.
  4.  A  FLOORING  AND FLOOR COVERING CONTRACTOR SHALL PROVIDE CONSUMERS
WHO CONTRACT WITH SUCH FLOORING AND FLOOR COVERING CONTRACTOR TO INSTALL
OR REPLACE FLOORING OR FLOOR COVERING WITH  INFORMATION  ABOUT  REMOVAL,
ACCEPTANCE,  TRANSPORT, RECYCLING AND REUSE OF DISCARDED CARPET, INCLUD-
ING A FORM FOR SUBMITTING A WRITTEN REQUEST TO REMOVE DISCARDED  CARPET.
SUCH  FORM  SHALL  CONTAIN THE NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL
ADDRESS OF THE CONSUMER AND THE FOLLOWING INFORMATION ABOUT THE  CARPET:
APPROXIMATE  SIZE,  CONDITION  AND  LOCATION,  AND IF KNOWN, COMPONENTS,
MATERIALS AND BRAND.
  5. UPON RECEIPT OF A WRITTEN REQUEST FROM  A  CONSUMER  WHO  CONTRACTS
WITH  A  FLOORING  AND  FLOOR  COVERING CONTRACTOR TO INSTALL OR REPLACE
FLOORING OR FLOOR COVERING, OR A RETAILER, A WHOLESALER OR A MANUFACTUR-
ER WHO RETAINS A FLOORING  AND  FLOOR  COVERING  CONTRACTOR,  TO  REMOVE
DISCARDED  CARPET,  SUCH  FLOORING  AND  FLOOR COVERING CONTRACTOR SHALL
PROMPTLY AND SAFELY REMOVE OR CAUSE TO BE REMOVED THE DISCARDED  CARPET.
THE  MANUFACTURER  SHALL  BE  RESPONSIBLE  FOR  THE COST OF REMOVING THE
DISCARDED CARPET.
  6. EVERY FLOORING  AND  FLOOR  COVERING  CONTRACTOR  WHO  INSTALLS  OR
REPLACES FLOORING OR FLOOR COVERING FOR A CONSUMER SHALL REMOVE, ACCEPT,
AND  TRANSPORT  SUCH DISCARDED CARPET FROM THE PREMISES OF SUCH CONSUMER
NO LATER THAN THE TIME THE CONTRACTED  WORK  IS  COMPLETED.  REMOVAL  OR
CAUSING  REMOVAL  OF DISCARDED CARPET PURSUANT TO THIS SUBDIVISION SHALL
INCLUDE PULLING UP THE CARPET, WHETHER OR NOT THE  CARPET  IS  REPLACED.
UPON  REMOVAL  OF THE DISCARDED CARPET FROM ITS LOCATION, A FLOORING AND
FLOOR COVERING CONTRACTOR  SHALL,  AS  SOON  AS  PRACTICABLE,  SEND  THE
DISCARDED  CARPET  TO  THE LOCATION PROVIDED BY THE MANUFACTURER OR TO A
WHOLESALER OR RETAILER TO SEND TO THE LOCATION PROVIDED BY THE  MANUFAC-

A. 3797                             7

TURER.  THE MANUFACTURER SHALL BE RESPONSIBLE FOR THE COST OF TRANSPORT-
ING THE DISCARDED CARPET FROM  ITS  REMOVAL  LOCATION  TO  THE  LOCATION
PROVIDED BY THE MANUFACTURER.
  7.  A  FLOORING AND FLOOR COVERING CONTRACTOR SHALL NOT BE REQUIRED TO
REMOVE, ACCEPT, AND TRANSPORT CARPET FROM THE  PREMISES  OF  A  CONSUMER
WHEN:
  (A)  THE  CONSUMER REQUESTS TO RETAIN CUSTODY OF ALL OR ANY PORTION OF
THE CARPET, AND THE FLOORING AND FLOOR COVERING CONTRACTOR:
  (I) REMOVES ALL CARPET WHICH THE CUSTOMER DOES  NOT  ELECT  TO  RETAIN
CUSTODY OF, AND
  (II) INFORMS THE CUSTOMER THAT HE OR SHE IS RESPONSIBLE FOR THE PROPER
MANAGEMENT  OF THE CARPET IN ACCORDANCE WITH APPLICABLE LAW, AND OBTAINS
A STATEMENT, SIGNED BY THE  CUSTOMER,  ATTESTING  THAT  HE  OR  SHE  HAS
ELECTED  TO RETAIN CUSTODY OF THE CARPET, THE APPROXIMATE SQUARE YARDAGE
OF THE RETAINED CARPET  AND  ACKNOWLEDGING  THAT  HE  OR  SHE  HAS  BEEN
INFORMED  OF  HIS OR HER RESPONSIBILITY FOR THE PROPER MANAGEMENT OF THE
CARPET, INCLUDING ANY COSTS ASSOCIATED WITH THE ACCEPTANCE THEREOF BY OR
ON BEHALF OF THE APPROPRIATE MUNICIPALITY, OR BY A  CONTRACTED  LICENSED
HAULER; OR
  (B)  THE  CONSUMER  HAS  NOT  CONTRACTED  WITH SUCH FLOORING AND FLOOR
COVERING CONTRACTOR TO INSTALL OR REPLACE FLOORING OR FLOOR COVERING, OR
A RETAILER, A WHOLESALER OR A MANUFACTURER HAS NOT CONTRACTED WITH  SUCH
FLOORING  AND  FLOOR  COVERING  CONTRACTOR  TO INSTALL FLOORING OR FLOOR
COVERING OR TO REMOVE, ACCEPT, AND TRANSPORT DISCARDED CARPET FROM  SUCH
CONSUMER.
  8. BEGINNING JANUARY FIRST, TWO THOUSAND EIGHTEEN, ANY CONSUMER IN THE
STATE  WHO  WISHES  TO  DISPOSE  OF ANY DISCARDED CARPET SHALL CONTACT A
MANUFACTURER, WHOLESALER, RETAILER, FLOORING AND FLOOR COVERING CONTRAC-
TOR OR RECYCLING FACILITY TO ORGANIZE  THE  REMOVAL  AND  ACCEPTANCE  OF
DISCARDED CARPET.
  9.  ON  A  MONTHLY BASIS, A WHOLESALER, RETAILER OR FLOORING AND FLOOR
COVERING CONTRACTOR SHALL COMMUNICATE IN WRITING TO THE MANUFACTURER THE
WEIGHT OF DISCARDED CARPET THAT HAS BEEN ACCEPTED  BY  SUCH  WHOLESALER,
RETAILER  OR  FLOORING  AND  FLOOR  COVERING CONTRACTOR 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 REMOVAL, ACCEPTANCE,  TRANSPORTA-
TION, REUSE, RECYCLING, AND FINAL DISPOSITION OF DISCARDED CARPET.
  2.  AN  UPDATED  CARPET  STEWARDSHIP  PLAN  SHALL  BE SUBMITTED TO THE
DEPARTMENT AT LEAST EVERY FIVE YEARS.
  3. THE PLAN  SHALL  INCLUDE,  AT  A  MINIMUM,  ALL  OF  THE  FOLLOWING
ELEMENTS:
  (A)  IDENTIFICATION AND CONTACT INFORMATION FOR (I) THE PERSON SUBMIT-
TING THE PLAN; (II) THE MANUFACTURER OR MANUFACTURERS  PARTICIPATING  IN
THE  CARPET  STEWARDSHIP  PLAN;  AND (III) 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 AND RETAILERS;
  (D)  A  LIST  OF  THE  RECYCLING  FACILITIES  THAT WILL BE USED BY THE
MANUFACTURER INCLUDING THE  ADDRESSES  AND  TELEPHONE  NUMBERS  OF  SUCH

A. 3797                             8

FACILITIES,  AND THEIR AVERAGE COSTS OF HANDLING AND RECYCLING 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;
  (F) THE METHODS AND PROCESSES USED  TO  INCREASE  THE  ACCEPTANCE  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, FLOORING AND FLOOR
COVERING  CONTRACTORS,  WHOLESALERS,  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.  IN THE EVENT THE REGISTRATION OF A MANUFACTURER WAS REVOKED
BY THE DEPARTMENT OR WITHDRAWN BY THE MANUFACTURER, THE DEPARTMENT SHALL
SEND  WRITTEN  NOTIFICATION  OF THIS FACT TO ALL WHOLESALERS, RETAILERS,
AND FLOORING AND FLOOR COVERING CONTRACTORS LISTED IN SAID MANUFACTURERS
CARPET STEWARDSHIP PLAN WITHIN THIRTY DAYS.
  3. 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 TO MANUFACTURERS REGARDING
THE AVAILABILITY OF RECYCLING  FACILITIES  AND  COMPANIES  THAT  REMOVE,
ACCEPT,  TRANSPORT, RECYCLE AND/OR REUSE 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   CARPET
STEWARDSHIP  ORGANIZATIONS 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 SHALL HAVE  PRIMARY  RESPONSIBILITY  TO  MANAGE  THE  CARPET
STEWARDSHIP  PROGRAM  SUPPORT  UNIT.  THE ROLE OF THE CARPET STEWARDSHIP
PROGRAM SUPPORT UNIT SHALL  BE  TO  PROVIDE  ASSISTANCE  AND  COORDINATE
EFFORTS  TO CREATE IN THE STATE RECYCLING INFRASTRUCTURE AND MARKETS FOR
RECYCLED PRODUCTS AND MATERIALS.

A. 3797                             9

  6. THE DEPARTMENT, THE CARPET STEWARDSHIP PROGRAM SUPPORT UNIT  WITHIN
THE  ENVIRONMENTAL  SERVICES  UNIT  OF  EMPIRE STATE DEVELOPMENT, CARPET
STEWARDSHIP ORGANIZATIONS AND MANUFACTURERS SHALL LAUNCH STATEWIDE COOR-
DINATED INFORMATION CAMPAIGNS, AT THE MANUFACTURERS' COSTS, USING  VARI-
OUS  COMMUNICATION  INSTRUMENTS  SUCH AS THE INTERNET, NEWSPAPERS, TELE-
VISION, RADIO AND MOVIE  THEATERS,  TO  INFORM  AND  EDUCATE  CONSUMERS,
FLOORING AND FLOOR COVERING CONTRACTORS, RETAILERS AND WHOLESALERS ABOUT
THE  MANDATORY  REMOVAL, ACCEPTANCE, TRANSPORT AND RECYCLING OR REUSE OF
DISCARDED CARPET.
  7. ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN, AND  EVERY  FOUR
YEARS  THEREAFTER,  THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GOVERNOR
AND THE LEGISLATURE 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;
  (D)  A  DISCUSSION  OF  OPPORTUNITIES  FOR BUSINESS DEVELOPMENT IN THE
STATE RELATED TO THE REMOVAL, ACCEPTANCE,  TRANSPORT  AND  RECYCLING  OR
REUSE OF CARPET IN THE STATE.
  8. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS IT
DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2813. ANNUAL REPORTING REQUIREMENTS.
  1.  THE MANUFACTURER OR THE CARPET STEWARDSHIP ORGANIZATION, WHICHEVER
IS APPLICABLE, SHALL PREPARE AND SUBMIT TO THE DEPARTMENT, BY MAY  FIRST
EACH  YEAR  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 ACCEPTED IN THE STATE FOR RECYCLING AND  REUSE
AND  A 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 ATTAIN
SUCH GOALS;
  (C) THE REMOVAL, ACCEPTANCE, 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, FLOORING  AND  FLOOR  COVERING  CONTRACTORS  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-

A. 3797                            10

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 ACCOUNT
OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED UNDER SECTION  92-S  OF
THE  STATE  FINANCE  LAW.  ALL  FEES, SURCHARGES AND PENALTIES 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, UPON THE REQUEST OF  A  MUNICIPALITY,  DELEGATE  THE
ENFORCEMENT OF THE PROVISIONS OF THIS TITLE TO A MUNICIPALITY. THE MUNI-
CIPALITY  SHALL  SUBMIT  TO THE DEPARTMENT A REQUEST TO BE AUTHORIZED TO
ENFORCE THE PROVISIONS OF THIS TITLE. THE DEPARTMENT SHALL MAKE A  DECI-
SION  ON  THE  REQUEST FILED BY THE MUNICIPALITY WITHIN THIRTY DAYS FROM
THE DATE OF RECEIPT OF THE MUNICIPALITY'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 FLOORING AND FLOOR COVERING CONTRACTOR
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. 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.
  8. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
MENT 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  A  DELEGATION  FROM
THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION, CIVIL PENAL-
TIES  SHALL  BE  ASSESSED  BY  THE DESIGNATED AUTHORITY OR ENVIRONMENTAL
CONTROL BOARD OF SUCH MUNICIPALITY AFTER A HEARING OR OPPORTUNITY TO  BE
HEARD.  ALL  CIVIL  PENALTIES COLLECTED FOR ANY VIOLATIONS OF THIS TITLE

A. 3797                            11

THAT HAVE BEEN IMPOSED BY A MUNICIPALITY SHALL BE PAID INTO THE  GENERAL
FUND OF SUCH MUNICIPALITY.
  9.  ANY  CONSUMER  WHO WAS DENIED REMOVAL AND ACCEPTANCE OF HIS OR HER
DISCARDED CARPET BY A MANUFACTURER, A WHOLESALER, A RETAILER OR A FLOOR-
ING AND FLOOR COVERING CONTRACTOR MAY REPORT SUCH DENIAL TO THE  DEPART-
MENT  OR THE DESIGNATED AUTHORITY WITHIN A MUNICIPALITY WHO HAS RECEIVED
A DELEGATION FROM THE DEPARTMENT PURSUANT TO  SUBDIVISION  TWO  OF  THIS
SECTION.  SUCH CONSUMER SHALL FILE A CLAIM ONLINE WITH THE DEPARTMENT OR
THE  DESIGNATED  AUTHORITY  WITHIN  A  MUNICIPALITY,  WHO HAS RECEIVED A
DELEGATION FROM THE DEPARTMENT  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION,  INDICATING  THE  DATE,  NAME AND LOCATION OF THE MANUFACTURER,
WHOLESALER, RETAILER OR  FLOORING  AND  FLOOR  COVERING  CONTRACTOR  WHO
REFUSED  TO  REMOVE  AND  ACCEPT THE CONSUMER'S DISCARDED CARPET.   UPON
REVIEW OF THE CLAIM, THE DEPARTMENT OR THE DESIGNATED AUTHORITY WITHIN A
MUNICIPALITY, WHO HAS RECEIVED A DELEGATION FROM THE DEPARTMENT PURSUANT
TO SUBDIVISION TWO OF THIS SECTION, SHALL INVESTIGATE THE  CLAIM  WITHIN
NINETY  DAYS  FROM  THE DATE OF RECEIPT OF THE CLAIM. WITHIN ONE HUNDRED
TWENTY DAYS FROM THE DATE OF RECEIPT OF THE CLAIM, THE DEPARTMENT OR THE
DESIGNATED AUTHORITY WITHIN A MUNICIPALITY, WHO HAS  RECEIVED  A  DELEG-
ATION  FROM  THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
SHALL DETERMINE WHETHER OR NOT AN ADMINISTRATIVE CIVIL  PENALTY  OF  ONE
THOUSAND  DOLLARS  SHALL  BE  ASSESSED AGAINST SUCH MANUFACTURER, WHOLE-
SALER, RETAILER OR FLOORING AND FLOOR COVERING CONTRACTOR,  IN  ADDITION
TO  ENFORCING THE REMOVAL AND ACCEPTANCE OF DISCARDED CARPET MANDATED BY
THE PROVISIONS OF THIS TITLE. THE PARTY WITH WHOM THE PERSON FILING  THE
CLAIM  LAST  INTERACTED SHALL 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 FLOORING AND FLOOR COVERING CONTRACTORS WHO  COMPLY  WITH  THE
PROVISIONS OF THIS TITLE.
  2.  BEGINNING  JULY  FIRST, TWO THOUSAND FIFTEEN, AT LEAST THIRTY-FIVE
PERCENT OF THE CARPETS PURCHASED BY STATE  AGENCIES  SHALL  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 immediately.