A. 8569 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.
§ 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,
A. 8569 3
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 ONE OR TWO 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.
§ 27-2803. MANUFACTURER REMOVAL, ACCEPTANCE AND RECYCLING.
1. BEGINNING JULY FIRST, TWO THOUSAND NINETEEN, 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. 8569 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 TWENTY, 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 TWENTY AND TWO THOUSAND TWENTY-
ONE: TWENTY-FIVE PERCENT.
(B) FOR CALENDAR YEARS TWO THOUSAND TWENTY-TWO AND TWO THOUSAND TWEN-
TY-THREE: FORTY PERCENT.
(C) FOR CALENDAR YEARS TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWEN-
TY-FIVE: SIXTY PERCENT.
(D) FOR CALENDAR YEARS TWO THOUSAND TWENTY-SIX AND TWO THOUSAND TWEN-
TY-SEVEN: SEVENTY-FIVE PERCENT.
(E) FOR CALENDAR YEAR TWO THOUSAND TWENTY-EIGHT 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 TWENTY, 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-
A. 8569 5
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 TWENTY-ONE, 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.
§ 27-2805. MANUFACTURER REGISTRATION AND RESPONSIBILITIES.
1. BY APRIL FIRST, TWO THOUSAND NINETEEN, 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 TWENTY-TWO, 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.
§ 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
A. 8569 6
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. 8569 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 TWENTY-TWO, 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.
§ 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. 8569 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.
§ 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. 8569 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 TWENTY-TWO, 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.
§ 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. 8569 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.
§ 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.
§ 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 NINETY-
TWO-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.
§ 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. 8569 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.
§ 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 NINETEEN, 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.
§ 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.
§ 3. This act shall take effect immediately.