The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5027
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the state finance
   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 findings and intent. The legis-
 lature finds and declares that it is the policy of the state of New York
 to promote the recyclability of products and materials  and  to  promote
 policies  that encourage the optimal goal of closed-loop recycling and a
 circular economy. The legislature finds  and  declares  that  the  solid
 waste management plan adopted by the department of environmental conser-
 vation  on December 27, 2010 entitled "Beyond Waste, A Sustainable Mate-
 rials Management Strategy for New York State" promotes  and  supports  a
 system   of   sustainable   solid  waste  management  and  favors  waste
 prevention, reuse, and recycling over the  disposal  of  materials.  The
 legislature  finds  and declares that in the solid waste management plan
 product stewardship was identified as a centerpiece  of  the  new  solid
 waste  management plan for the state, and carpet was one of the products
 identified as most suited to a stewardship approach  based  on  research
 and  feedback  from  stakeholders.    According  to  the  report, carpet
 accounted for 1.4 percent of total solid waste generation  in  New  York
 state,  or  roughly 512 million pounds.  Carpet waste is heavy and bulky
 and imposes significant solid waste management  cost  on  municipalities
 because  it  is  expensive  to  dispose  of.  The  legislature finds and
 declares that perfluoroalkyl and  polyfluoroalkyl  substances,  or  PFAS
 chemicals,  which  are harmful to humans are increasingly being found in
 household products, including carpets produced by  major  United  States
 carpet producers. The legislature further finds and declares that reduc-
 ing  the  toxic  components  in  carpet will not only reduce exposure to
 toxic chemicals in our homes and workplaces,  but  also  improve  market
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09864-01-1

 S. 5027                             2
 
 opportunities for carpet to be recycled back into carpet materials.  The
 legislature  finds  and  declares that enactment of this act will reduce
 carpet waste, encourage closed-loop  carpet  recycling,  and  provide  a
 mechanism  for  carpet  producer  stewardship of its product through its
 life cycle.
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 32 to read as follows:
                                 TITLE 32
                            CARPET STEWARDSHIP
 SECTION 27-3201. SHORT TITLE AND DEFINITIONS.
         27-3203. LABELING, WARRANTY, AND DESIGN REQUIREMENTS.
         27-3205. POST-CONSUMER CONTENT AND ADHESIVE REQUIREMENTS.
         27-3207. CARPET STEWARDSHIP ADVISORY BOARD.
         27-3209. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
         27-3211. STEWARDSHIP PLAN.
         27-3213. SUBMISSION TO THE COMMISSIONER AND APPROVAL TIMING.
         27-3215. COLLECTION CONVENIENCE STANDARD REQUIREMENTS.
         27-3217. STEWARDSHIP ASSESSMENT.
         27-3219. ADMINISTRATIVE FEE.
         27-3221. PRODUCER RESPONSIBILITIES.
         27-3223. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
         27-3225. REQUIREMENTS FOR PROGRAM COLLECTORS.
         27-3227. REQUIREMENT FOR RECYCLING.
         27-3229. DEPARTMENT RESPONSIBILITIES.
         27-3231. RULES AND REGULATIONS.
         27-3233. ANNUAL AUDIT AND REPORT.
         27-3235. ENFORCEMENT AND PENALTIES.
         27-3237. STATE PREEMPTION.
         27-3239. PROCUREMENT.
         27-3241. ANTI-COMPETITIVE CONDUCT.
         27-3243. SEVERABILITY.
 § 27-3201. 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 THE  TITLE  UNLESS
 THE CONTEXT CLEARLY REQUIRES OTHERWISE:
   (A)  "BRAND"  MEANS  A NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   (B) "CARPET" MEANS A MANUFACTURED ARTICLE THAT IS (I) USED IN  COMMER-
 CIAL  BUILDINGS  OR  SINGLE  OR  MULTIFAMILY RESIDENTIAL BUILDINGS, (II)
 AFFIXED OR PLACED ON THE FLOOR OR BUILDING WALKING SURFACE AS A  DECORA-
 TIVE  OR  FUNCTIONAL  BUILDING  INTERIOR  OR EXTERIOR FEATURE, AND (III)
 PRIMARILY CONSTRUCTED OF A TOP SURFACE  OF  SYNTHETIC  OR  NATURAL  FACE
 FIBERS  OR YARNS OR TUFTS ATTACHED TO A BACKING SYSTEM MADE OF SYNTHETIC
 OR NATURAL MATERIALS. "CARPET"  INCLUDES,  BUT  IS  NOT  LIMITED  TO,  A
 COMMERCIAL  OR  RESIDENTIAL  BROADLOOM CARPET, MODULAR CARPET TILES, AND
 ARTIFICIAL TURF, PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A  CARPET.
 "CARPET" DOES NOT INCLUDE HANDMADE RUGS, AREA RUGS, OR MATS.
   (C)"CARPET  STEWARDSHIP  ADVISORY BOARD" MEANS THE BOARD CREATED UNDER
 SECTION 27-3207 OF THIS TITLE.
   (D) "CLOSED-LOOP RECYCLING" MEANS A PROCESS WHERE DISCARDED CARPET  IS
 COLLECTED, RECYCLED, AND THEN USED AGAIN TO MAKE CARPET.
   (E)  "COLLECTION  RATE"  MEANS  THE  AMOUNT OF CARPET COLLECTED AND IS
 DETERMINED BY DIVIDING THE AMOUNT  OF  DISCARDED  CARPET  COLLECTED  FOR
 RECYCLING  OR REUSE BY THE TOTAL AMOUNT OF CARPET DISCARDED IN A PROGRAM
 YEAR.

 S. 5027                             3
 
   (F) "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 DISCARDED CARPET MAY BE RETURNED FOR RECYCLING BY A CONSUMER.
   (G)  "COLLECTOR"  MEANS A PERSON WHO COLLECTS DISCARDED CARPET FOR THE
 PURPOSE OF SUPPLYING THE RECYCLERS.
   (H) "COMMISSIONER" MEANS THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVA-
 TION.
   (I)  "CONSUMER"  MEANS  A  PERSON  LOCATED IN THE STATE WHO PURCHASES,
 OWNS, LEASES, OR USES CARPET, INCLUDING BUT NOT LIMITED TO  AN  INDIVID-
 UAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT CORPO-
 RATION, THE STATE, A PUBLIC CORPORATION, PUBLIC SCHOOL, SCHOOL DISTRICT,
 PRIVATE  OR  PAROCHIAL  SCHOOL,  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES OR GOVERNMENTAL ENTITY.
   (J) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   (K) "DISCARDED CARPET" MEANS CARPET  THAT  A  CONSUMER  HAS  USED  AND
 DISPOSED OF IN THE STATE.
   (L) "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR OTHERWISE
 ACQUIRES  CARPET AND SELLS OR OFFERS TO SELL CARPET TO RETAILERS IN THIS
 STATE.
   (M) "ENERGY RECOVERY" MEANS THE PROCESS BY WHICH ALL OR A  PORTION  OF
 SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
 HEAT  CONTENT  OR  OTHER  FORMS  OF ENERGY DERIVED FROM SUCH SOLID WASTE
 MATERIALS.
   (N) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES"  OR  "PFAS  CHEMI-
 CALS" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST
 ONE FULLY FLUORINATED CARBON ATOM.
   (O)  "PRODUCER"  MEANS ANY PERSON WHO MANUFACTURES OR RENOVATES CARPET
 THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE.  "PRODUCER"
 INCLUDES:
   (I)  THE  OWNER  OF  A  TRADEMARK OR BRAND UNDER WHICH CARPET IS SOLD,
 OFFERED FOR SALE, OR DISTRIBUTED IN THIS  STATE,  WHETHER  OR  NOT  SUCH
 TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   (II) ANY PERSON WHO IMPORTS CARPET INTO THE UNITED STATES THAT IS SOLD
 OR  OFFERED  FOR  SALE IN THE STATE AND THAT IS MANUFACTURED BY A PERSON
 WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   (P) "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
 OR  IS  PRODUCTION,  COMMERCIAL,  OR  FINANCIAL  INFORMATION,  THAT   IF
 DISCLOSED  WOULD  IMPAIR  THE  COMPETITIVE POSITION OF THE SUBMITTER AND
 WOULD MAKE AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
   (Q) "RECYCLING" MEANS THE PROCESS BY WHICH DISCARDED CARPET  IS  PROC-
 ESSED AND RETURNED TO THE ECONOMIC MAINSTREAM FOR THE PURPOSE OF PREPAR-
 ING  THE  MATERIALS,  COMPONENTS, OR COMMODITIES FOR USE OR REUSE IN NEW
 PRODUCTS OR COMPONENTS. "RECYCLING" DOES NOT INCLUDE ENERGY RECOVERY  OR
 ENERGY  GENERATION  BY  MEANS  OF  COMBUSTION  OR  LANDFILL  DISPOSAL OF
 DISCARDED CARPET.
   (R) "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED CARPET PRODUCTS
 THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED  BY  THIS  TITLE,
 AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED CARPET COLLECTED AND
 RECYCLED  OR  REUSED  BY  THE TOTAL AMOUNT OF DISCARDED CARPET COLLECTED
 OVER A PROGRAM YEAR.
   (S) "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
   (T) "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE CARPET TO
 A CONSUMER IN THE STATE.
   (U) "REUSE" MEANS DONATING OR SELLING A DISCARDED CARPET PRODUCT  BACK
 INTO THE MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED CARPET
 PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN BE USED
 FOR ITS ORIGINAL PURPOSE.

 S. 5027                             4

   (V) "SALE" OR "SELL" MEANS A TRANSFER OF TITLE OF CARPET FOR CONSIDER-
 ATION,  INCLUDING  A REMOTE SALE CONDUCTED THROUGH A SALES OUTLET, CATA-
 LOG, WEBSITE, TELEPHONE, OR THROUGH SIMILAR ELECTRONIC MEANS. "SALE"  OR
 "SELL"  INCLUDES  A LEASE THROUGH WHICH CARPET IS PROVIDED TO A CONSUMER
 IN THE STATE BY A PRODUCER, DISTRIBUTOR, OR RETAILER.
   (W)  "STEWARDSHIP  ORGANIZATION" MEANS A NONPROFIT ENTITY REPRESENTING
 PRODUCERS AND OTHER DESIGNATED REPRESENTATIVES WHO ARE COOPERATING  WITH
 ONE  ANOTHER TO COLLECTIVELY ESTABLISH AND OPERATE A STEWARDSHIP PROGRAM
 FOR THE PURPOSE OF COMPLYING WITH THIS TITLE.
   (X) "STEWARDSHIP PROGRAM" MEANS A PROGRAM FINANCED AND IMPLEMENTED  BY
 PRODUCERS  THROUGH  A STEWARDSHIP ORGANIZATION THAT PROVIDES FOR, BUT IS
 NOT LIMITED TO, THE COLLECTION,  TRANSPORTATION,  REUSE,  RECYCLING,  OR
 PROPER MANAGEMENT THROUGH DISPOSAL, OR AN APPROPRIATE COMBINATION THERE-
 OF, OF DISCARDED CARPET.
 § 27-3203. LABELING, WARRANTY, AND DESIGN REQUIREMENTS.
   1.  ON  AND  AFTER  THE  EFFECTIVE  DATE OF THIS TITLE, CARPET SOLD OR
 OFFERED FOR SALE IN THE STATE SHALL  BE  ACCOMPANIED  BY  THE  FOLLOWING
 IDENTIFYING INFORMATION:
   (A) NAME OF THE PRODUCER AND CONTACT INFORMATION;
   (B) CARPET MATERIAL, COMPOSITION, AND TYPE OF CONSTRUCTION.
   2.  ON AND AFTER THE EFFECTIVE DATE OF THIS TITLE, ALL CARPET SHALL BE
 ACCOMPANIED BY AN ALL-INCLUSIVE WARRANTY FOR A PERIOD  OF  SEVEN  YEARS,
 WITH EXCEPTIONS FOR INAPPROPRIATE USE AND DAMAGE.
   3.  ON  AND AFTER A DATE THAT IS TWO YEARS AFTER THE EFFECTIVE DATE OF
 THIS TITLE, NO CARPET SOLD OR  OFFERED  FOR  SALE  IN  THE  STATE  SHALL
 CONTAIN  OR BE TREATED WITH PFAS CHEMICALS TO PROVIDE A SPECIFIC CHARAC-
 TERISTIC, APPEARANCE OR QUALITY, TO PERFORM A SPECIFIC FUNCTION, OR  FOR
 ANY OTHER PURPOSE.
 § 27-3205. POST-CONSUMER CONTENT AND ADHESIVE REQUIREMENTS.
   1.  ON  AND AFTER A DATE THAT IS TWO YEARS AFTER THE EFFECTIVE DATE OF
 THIS TITLE, ALL CARPET SOLD IN THE STATE SHALL BE  MANUFACTURED  WITH  A
 MINIMUM OF TEN PERCENT FROM POST-CONSUMER SOURCES; AND FOUR YEARS THERE-
 AFTER,  A MINIMUM OF TWENTY PERCENT FROM POST-CONSUMER SOURCES; AND FIVE
 YEARS THEREAFTER, A MINIMUM OF THIRTY PERCENT FROM SUCH SOURCES.
   2. ON AND AFTER A DATE WHICH IS TWO YEARS AFTER THE EFFECTIVE DATE  OF
 THIS  TITLE,  NO  PERMANENT ADHESIVES MAY BE USED IN THE INSTALLATION OF
 CARPET. ALL CARPET SHALL BE  DESIGNED  AND  INSTALLED  SO  AS  TO  ALLOW
 REMOVAL WITHOUT SIGNIFICANT DAMAGE TO THE CARPET.
 § 27-3207. CARPET STEWARDSHIP ADVISORY BOARD.
   1.  THERE  IS  HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT THE CARPET
 STEWARDSHIP ADVISORY BOARD  TO  RECEIVE  AND  REVIEW  STEWARDSHIP  PLANS
 REQUIRED  BY  THIS  TITLE  AND  MAKE RECOMMENDATIONS TO THE COMMISSIONER
 REGARDING THEIR APPROVAL.
   2. THE BOARD  SHALL  BE  COMPOSED  OF  ELEVEN  VOTING  MEMBERS  TO  BE
 APPOINTED BY THE COMMISSIONER. SUCH MEMBERS SHALL INCLUDE:
   (A) ONE REPRESENTATIVE OF CARPET PRODUCERS;
   (B) ONE REPRESENTATIVE OF CARPET RETAILERS;
   (C) ONE REPRESENTATIVE OF CARPET RECYCLERS;
   (D) ONE REPRESENTATIVE OF CARPET COLLECTORS;
   (E)  TWO REPRESENTATIVES OF COMPANIES THAT UTILIZE DISCARDED CARPET TO
 MANUFACTURE A NEW PRODUCT;
   (F) ONE REPRESENTATIVE OF A CARPET INSTALLER ASSOCIATION;
   (G) ONE REPRESENTATIVE FROM A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (H) ONE REPRESENTATIVE FROM A STATEWIDE WASTE DISPOSAL ASSOCIATION;
   (I) ONE REPRESENTATIVE FROM THE NEW YORK PRODUCT STEWARDSHIP  COUNCIL;
 AND

 S. 5027                             5
 
   (J) ONE AT-LARGE MEMBER.
   3.  SUCH  APPOINTMENTS  SHALL  BE  MADE NO LATER THAN THE FIRST DAY OF
 JANUARY FOLLOWING THE DATE ON WHICH THIS TITLE TAKES EFFECT.
   4. THE MEMBERS SHALL DESIGNATE A  CHAIR  FROM  AMONG  THE  MEMBERS  BY
 MAJORITY  VOTE. BOARD MEMBERS SHALL RECEIVE NO COMPENSATION BUT SHALL BE
 ENTITLED TO THEIR NECESSARY AND ACTUAL EXPENSES INCURRED IN THE PERFORM-
 ANCE OF THEIR BOARD DUTIES.
   5. THE BOARD SHALL MEET AT LEAST QUARTERLY BY CALL OF THE CHAIR.
   6. EACH CARPET STEWARDSHIP PLAN PREPARED BY A STEWARDSHIP ORGANIZATION
 PURSUANT TO THIS TITLE SHALL BE SUBMITTED TO THE ADVISORY  BOARD,  WHICH
 SHALL  CONSIDER  WHETHER  THE  PLAN MEETS THE CRITERIA AND OBJECTIVES OF
 THIS TITLE.
   7. THE BOARD SHALL, WITHIN NINETY DAYS OF SUCH SUBMISSION, EITHER:
   (A) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS  RECOMMENDATION  FOR
 APPROVAL; OR
   (B)  RETURN THE PLAN WITH ITS DISAPPROVAL AND STATED REASONS THEREFOR,
 INCLUDING ANY RECOMMENDED CHANGES TO THE PLAN NECESSARY FOR APPROVAL.
   8. A STEWARDSHIP ORGANIZATION MAY RESUBMIT A PLAN FOR APPROVAL AT  ANY
 TIME. UPON SUCH RESUBMISSION, THE BOARD SHALL WITHIN NINETY DAYS FORWARD
 THE  PLAN  TO  THE  COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL OR
 DISAPPROVAL.
   9. THE BOARD SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND  MAKE  SUCH
 RECOMMENDATIONS  TO  THE DEPARTMENT AND STEWARDSHIP ORGANIZATION WITH AN
 APPROVED PLAN FOR IMPROVING THE PLAN.   10. THE DECISION  OF  THE  BOARD
 SHALL BE BY VOTE OF THE MAJORITY OF ITS MEMBERSHIP.
 § 27-3209. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
   1.  A  STEWARDSHIP  ORGANIZATION SHALL BE CREATED AND FINANCED COLLEC-
 TIVELY BY CARPET PRODUCERS.
   2. THE STEWARDSHIP ORGANIZATION SHALL DEMONSTRATE  TO  THE  DEPARTMENT
 THE  MANAGEMENT CAPABILITY AND FINANCIAL CAPACITY TO OPERATE A STATEWIDE
 PROGRAM.
   3. THE STEWARDSHIP ORGANIZATION SHALL NOT CONTROL, BE  CONTROLLED  BY,
 NOR  BE  UNDER  COMMON  CONTROL  OF ANY SINGLE MANUFACTURER, THIRD-PARTY
 ORGANIZATION, VENDOR, COLLECTOR, OR INDUSTRY-WIDE TRADE ASSOCIATION.
   4. THE STEWARDSHIP  ORGANIZATION  SHALL  HAVE  A  BOARD  OF  DIRECTORS
 COMPOSED OF THE FOLLOWING:
   (A) TWO REPRESENTATIVES OF CARPET PRODUCERS;
   (B) TWO REPRESENTATIVES OF CARPET RECYCLERS;
   (C)  TWO  REPRESENTATIVES OF MANUFACTURERS WHO UTILIZE RECYCLED CARPET
 MATERIALS BUT ARE NOT CARPET PRODUCERS;
   (D) ONE REPRESENTATIVE OF RETAILERS;
   (E) ONE REPRESENTATIVE OF  A  NEW  YORK-BASED  ENVIRONMENTAL  ADVOCACY
 ORGANIZATION; AND
   (F)  ONE  REPRESENTATIVE  OF  AN  ORGANIZATION  THAT  REPRESENTS LOCAL
 GOVERNMENT.
   5. ON OR BEFORE THE FIRST OF  JULY  FOLLOWING  THE  FORMATION  OF  THE
 CARPET  STEWARDSHIP  ADVISORY  BOARD,  A  STEWARDSHIP ORGANIZATION SHALL
 SUBMIT A STEWARDSHIP PLAN TO THE CARPET STEWARDSHIP ADVISORY BOARD.
   6. A STEWARDSHIP ORGANIZATION OPERATING A  STEWARDSHIP  PROGRAM  SHALL
 UPDATE  THE STEWARDSHIP PLAN EVERY THREE YEARS, AT A MINIMUM, AND SUBMIT
 THE UPDATED PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL.
   7. THE STEWARDSHIP ORGANIZATION SHALL  NOTIFY  THE  DEPARTMENT  WITHIN
 THIRTY  DAYS  OF ANY SIGNIFICANT CHANGES OR MODIFICATIONS TO THE PLAN OR
 ITS IMPLEMENTATION. WITHIN THIRTY DAYS OF THE  NOTIFICATION,  A  WRITTEN
 PLAN  AMENDMENT  SHALL  BE  SUBMITTED  TO  THE DEPARTMENT FOR REVIEW AND
 APPROVAL.

 S. 5027                             6
 
   8. THE STEWARDSHIP ORGANIZATION SHALL MEET WITH THE CARPET STEWARDSHIP
 ADVISORY BOARD AT LEAST TWICE PER YEAR.
   9.  THE  STEWARDSHIP  ORGANIZATION SHALL BE RESPONSIBLE FOR PRODUCERS'
 COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, INCLUDING: THE  PREPARA-
 TION  AND  IMPLEMENTATION  OF  A  STEWARDSHIP  PLAN, THE PREPARATION AND
 SUBMISSION OF ANNUAL AUDITS, AND REPORTS TO THE COMMISSIONER AS PROVIDED
 IN SECTION 27-3233 OF THIS TITLE.
 § 27-3211. STEWARDSHIP PLAN.
   1. THE STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM:
   (A)  CERTIFICATION  THAT  THE  STEWARDSHIP  PROGRAM  WILL  ACCEPT  FOR
 COLLECTION ALL DISCARDED CARPET;
   (B)  CONTACT INFORMATION FOR EACH INDIVIDUAL REPRESENTING THE STEWARD-
 SHIP ORGANIZATION, INCLUDING THE ADDRESS OF THE STEWARDSHIP ORGANIZATION
 WHERE THE DEPARTMENT WILL SEND ANY  NOTIFICATIONS  AND  FOR  SERVICE  OF
 PROCESS,  DESIGNATION OF A PROGRAM MANAGER RESPONSIBLE FOR ADMINISTERING
 THE PROGRAM, A LIST OF ALL PRODUCERS PARTICIPATING  IN  THE  STEWARDSHIP
 PROGRAM,  AND  CONTACT  INFORMATION  FOR  EACH  PRODUCER,  INCLUDING THE
 ADDRESS FOR SERVICE OF PROCESS, AND THE BRANDS COVERED  BY  THE  PRODUCT
 STEWARDSHIP PROGRAM;
   (C)  A  DESCRIPTION  OF  THE METHODS BY WHICH DISCARDED CARPET WILL BE
 COLLECTED;
   (D) AN EXPLANATION OF HOW THE STEWARDSHIP PROGRAM WILL ACHIEVE,  AT  A
 MINIMUM, A CONVENIENCE STANDARD UNDER SECTION 27-3215 OF THIS TITLE;
   (E)  A DESCRIPTION OF HOW THE EFFECTIVENESS OF THE STEWARDSHIP PROGRAM
 WILL BE MONITORED, EVALUATED, AND MAINTAINED;
   (F) THE NAMES AND LOCATIONS OF  COLLECTION  SITES,  TRANSPORTERS,  AND
 RECYCLERS WHO WILL MANAGE DISCARDED CARPET;
   (G)  A  DESCRIPTION  OF  HOW  THE  DISCARDED CARPET WILL BE SAFELY AND
 SECURELY TRANSPORTED, TRACKED, AND HANDLED FROM COLLECTION THROUGH FINAL
 RECYCLING AND PROCESSING;
   (H) A DESCRIPTION OF THE METHODS  TO  BE  USED  TO  REUSE  OR  RECYCLE
 DISCARDED  CARPET TO ENSURE THAT THE COMPONENTS, TO THE EXTENT FEASIBLE,
 ARE TRANSFORMED OR REMANUFACTURED INTO FINISHED PRODUCTS FOR USE;
   (I) A DESCRIPTION OF THE METHODS TO BE USED TO MANAGE  OR  DISPOSE  OF
 DISCARDED CARPET THAT CANNOT BE RECYCLED OR REUSED;
   (J) ESTABLISH GOALS FOR EACH YEAR OF THE PLAN THAT INCREASE THE ANNUAL
 PERCENT  OF DISCARDED CARPET THAT IS COLLECTED (COLLECTION RATE) AND THE
 ANNUAL PERCENT THAT IS RECYCLED (RECYCLING  RATE)  AND  THE  PERCENT  OF
 WHICH,  PENDING  AVAILABLE MARKETS, SHOULD BE CLOSED-LOOP RECYCLED. THIS
 CALCULATION IS TO BE BASED ON THE PREVIOUS THREE-YEAR AVERAGE AMOUNT  OF
 CARPET SOLD IN THE STATE SO THAT THE FOLLOWING GOALS ARE MET:
   (I)  FIVE  YEARS  AFTER  THE EFFECTIVE DATE OF THIS TITLE, TWENTY-FIVE
 PERCENT RECYCLED, OF WHICH TEN PERCENT SHOULD BE CLOSED-LOOP RECYCLING;
   (II) TEN YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE,  FIFTY  PERCENT
 RECYCLED, OF WHICH TWENTY PERCENT SHOULD BE CLOSED-LOOP RECYCLING; AND
   (III)  FIFTEEN  YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, SEVENTY-
 FIVE PERCENT RECYCLED, OF WHICH  FORTY  PERCENT  SHOULD  BE  CLOSED-LOOP
 RECYCLING.
   (K)  A DESCRIPTION OF THE OUTREACH AND EDUCATIONAL MATERIALS THAT MUST
 BE PROVIDED TO CONSUMERS, RETAILERS, COLLECTION SITES, AND  TRANSPORTERS
 OF  DISCARDED CARPET, AND HOW SUCH OUTREACH WILL BE EVALUATED FOR EFFEC-
 TIVENESS. THESE MATERIALS SHALL INCLUDE:
   (I)  INFORMATION  ABOUT  COLLECTION  OPPORTUNITIES  FOR  POST-CONSUMER
 CARPET; EFFORTS TO PROMOTE THE SOURCE REDUCTION, REUSE, AND RECYCLING OF
 CARPET; AND

 S. 5027                             7
 
   (II) A PROGRAM THAT SHALL BE IMPLEMENTED TO TRAIN CARPET INSTALLERS ON
 HOW TO PROPERLY MANAGE DISCARDED CARPET.
   (L) AN UP-TO-DATE STEWARDSHIP ORGANIZATION WEBSITE AND TOLL-FREE TELE-
 PHONE  NUMBER THROUGH WHICH A CONSUMER CAN EASILY LEARN HOW AND WHERE TO
 RETURN THEIR DISCARDED CARPET FOR RECYCLING;
   (M) AN EVALUATION OF THE STATUS OF END MARKETS  FOR  DISCARDED  CARPET
 AND WHAT, IF ANY, ADDITIONAL END MARKETS ARE NEEDED TO IMPROVE THE FUNC-
 TIONING OF THE PROGRAMS;
   (N)  A FUNDING MECHANISM THAT DEMONSTRATES SUFFICIENT FUNDING TO CARRY
 OUT THE PLAN, INCLUDING THE  ADMINISTRATIVE,  OPERATIONAL,  AND  CAPITAL
 COSTS OF THE PLAN;
   (O) A DESCRIPTION OF A PROCESS BY WHICH AN INDEPENDENT AUDITOR WILL BE
 SELECTED  FOR  THE  PURPOSES  OF SECTION 27-3233 OF THIS TITLE. THE PLAN
 SHALL IDENTIFY THE CRITERIA USED  BY  THE  STEWARDSHIP  ORGANIZATION  IN
 SELECTING AN INDEPENDENT AUDITOR, INCLUDING:
   (I)  IDENTIFY,  IN  DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
 RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER CARPET;
   (II) DEFINE THE METHODOLOGY FOR  CALCULATING  THE  FEES  NECESSARY  TO
 ACHIEVE THE ANNUAL COLLECTION AND RECYCLING RATES;
   (III)  ENSURE THAT FEES COLLECTED ARE SUFFICIENT FOR IMPLEMENTATION OF
 THIS TITLE.
   (P) ANY OTHER INFORMATION REQUIRED BY REGULATIONS PROMULGATED  BY  THE
 DEPARTMENT.
   2. BY THE FIRST OF JULY AFTER THE EFFECTIVE DATE OF THIS TITLE, AND BY
 JULY  FIRST  OF EACH YEAR THEREAFTER, THE STEWARDSHIP ORGANIZATION SHALL
 SUBMIT A REPORT TO  THE  DEPARTMENT  THAT  INCLUDES,  FOR  THE  PREVIOUS
 PROGRAM  YEAR,  A DESCRIPTION OF THE STEWARDSHIP PROGRAM, INCLUDING, BUT
 NOT LIMITED TO, THE FOLLOWING:
   (A) A DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT, AND PROC-
 ESS DISCARDED COVERED PRODUCTS IN REGIONS OF THE STATE;
   (B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   (C) THE WEIGHT OF ALL DISCARDED COVERED PRODUCTS COLLECTED AND  REUSED
 OR RECYCLED IN ALL REGIONS OF THE STATE;
   (D) AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
 ESTABLISHED IN THE STEWARDSHIP PLAN HAVE BEEN ACHIEVED; AND
   (E)  AN  ESTIMATED WEIGHT OF DISCARDED COVERED PRODUCTS AND ANY COMPO-
 NENT MATERIALS THAT WERE COLLECTED PURSUANT TO THE STEWARDSHIP PLAN, BUT
 NOT RECYCLED.
 § 27-3213. SUBMISSION TO THE COMMISSIONER AND APPROVAL TIMING.
   1. BEFORE REJECTION OR APPROVAL OF A STEWARDSHIP PLAN CAN BE  MADE  IN
 ACCORDANCE  WITH  THIS  TITLE, THE STEWARDSHIP ORGANIZATION SHALL SUBMIT
 THE PLAN TO THE CARPET STEWARDSHIP ADVISORY BOARD.
   2. WITHIN SIXTY DAYS OF SUBMISSION OF  THE  STEWARDSHIP  PLAN  TO  THE
 COMMISSIONER  UPON THE RECOMMENDATION OF THE ADVISORY BOARD, THE COMMIS-
 SIONER SHALL EITHER APPROVE THE PLAN, OR RETURN IT  TO  THE  STEWARDSHIP
 ORGANIZATION AND PROVIDE THE REASONS FOR DISAPPROVAL.
   3.  THE  STEWARDSHIP  ORGANIZATION SHALL PROVIDE A REVISED PLAN TO THE
 COMMISSIONER WITHIN SIXTY DAYS, AND THE COMMISSIONER  SHALL  APPROVE  OR
 REJECT SUCH REVISED PLAN WITHIN THIRTY DAYS.
   4.  THE  STEWARDSHIP ORGANIZATION SHALL IMPLEMENT THE STEWARDSHIP PLAN
 ON THE FIRST OF JANUARY IN THE YEAR FOLLOWING APPROVAL OF THE PLAN UNDER
 THIS SECTION.
 § 27-3215. COLLECTION CONVENIENCE STANDARD REQUIREMENTS.
   1. PROGRAM COLLECTION SITES SHALL BE MADE AVAILABLE WITHIN  A  FIFTEEN
 MILE  RADIUS  FOR  AT  LEAST  SEVENTY  PERCENT  OF THE POPULATION OF THE
 STATE'S RESIDENTS, AND WITHIN A FIFTEEN MILE RADIUS FOR AT LEAST  EIGHTY

 S. 5027                             8
 
 PERCENT  OF  THE  POPULATION OF THE STATE'S RESIDENTS WITHIN THREE YEARS
 AFTER THE START OF THE PROGRAM.
   2.  CONVENIENCE STANDARDS SHALL BE EVALUATED BY THE DEPARTMENT PERIOD-
 ICALLY AND THE DEPARTMENT MAY REQUIRE ADDITIONAL COLLECTION LOCATIONS TO
 ENSURE ADEQUATE CONSUMER CONVENIENCE.
   3. IN THOSE AREAS THAT ARE NOT INCLUDED WITHIN THE COLLECTION  CONVEN-
 IENCE  STANDARD  IN  SUBDIVISION  ONE  OF  THIS SECTION, THE STEWARDSHIP
 ORGANIZATION SHALL PROVIDE COLLECTION EVENTS AT LEAST ONCE PER YEAR.
   4. WITH RESPECT TO A CITY HAVING A POPULATION OF ONE MILLION OR  MORE,
 AFTER CONSULTATION WITH THE APPROPRIATE LOCAL OR REGIONAL ENTITY RESPON-
 SIBLE  FOR  THE COLLECTION OF SOLID AND HAZARDOUS WASTE, THE STEWARDSHIP
 PLAN  SHALL  ESTABLISH  AN  ALTERNATIVE  CONVENIENCE  STANDARD  THAT  IS
 APPROVED BY THE DEPARTMENT.
 § 27-3217. STEWARDSHIP ASSESSMENT.
   1. ONE MONTH AFTER THE APPROVAL OF THE STEWARDSHIP PLAN, EACH PRODUCER
 SHALL INCLUDE IN THE PRICE OF ANY CARPET SOLD TO RETAILERS AND DISTRIBU-
 TORS  IN  THE  STATE AN AMOUNT DETERMINED UNDER THE APPROVED STEWARDSHIP
 PLAN. A RETAILER OR DISTRIBUTOR SHALL NOT DEDUCT THIS  AMOUNT  FROM  THE
 PURCHASE PRICE.
   2.  EACH  PRODUCER  SHALL REMIT THE QUARTERLY ASSESSMENT AMOUNT TO THE
 STEWARDSHIP ORGANIZATION EACH QUARTER.
   3. SUCH AN ASSESSMENT SHALL BE IN AN AMOUNT SUFFICIENT  TO  COVER  THE
 COSTS  OF  COLLECTION,  RECYCLING, AND OTHER ACTIVITIES SPECIFIED IN THE
 STEWARDSHIP PLAN AS REQUIRED BY THIS TITLE.
   4. THE STEWARDSHIP ASSESSMENT  AMOUNT  SHALL  TAKE  INTO  ACCOUNT  THE
 FINANCIAL  BURDEN  THAT A PARTICULAR CARPET MATERIAL HAS ON THE STEWARD-
 SHIP PROGRAM, AND THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT CONTAINED
 IN A PARTICULAR CARPET, AND BE DIFFERENTIATED TO INCENTIVIZE THE USE  OF
 POST-CONSUMER CONTENT IN CARPET AND DISCOURAGE THE USE OF CARPET MATERI-
 ALS THAT POSE CHALLENGES FOR THE RECYCLING OF DISCARDED CARPET.
   5.  THE  INDEPENDENT  AUDITOR,  AS  DESCRIBED IN THE STEWARDSHIP PLAN,
 SHALL VERIFY THAT THE AMOUNT ADDED TO EACH UNIT OF CARPET WILL COVER THE
 COSTS OF IMPLEMENTING THE STEWARDSHIP PLAN.
   6. THE AMOUNTS SO COLLECTED SHALL BE DEPOSITED IN A BANK CHARTERED  IN
 NEW  YORK AND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF COMPLIANCE WITH
 THIS TITLE.
 § 27-3219. ADMINISTRATIVE FEE.
   A STEWARDSHIP ORGANIZATION SHALL  PAY  THE  DEPARTMENT  THE  FOLLOWING
 FEES,  WHICH  SHALL  BE ADEQUATE TO COVER THE DEPARTMENT'S FULL COSTS OF
 ADMINISTERING AND ENFORCING THE STEWARDSHIP PROGRAM AND SHALL NOT EXCEED
 THE AMOUNT NECESSARY TO RECOVER COSTS  INCURRED  BY  THE  DEPARTMENT  IN
 CONNECTION  WITH  THE ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS
 OF THIS TITLE:
   1. A ONE-TIME FEE OF TEN THOUSAND DOLLARS FOR A PLAN  UPON  SUBMISSION
 OF AN INITIAL STEWARDSHIP PLAN; AND
   2. AN ANNUAL ADMINISTRATIVE FEE TO BE ESTABLISHED BY THE DEPARTMENT IN
 REGULATIONS TO BE PAID ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE A
 REIMBURSEMENT  FEE  TO  THE  COMMISSIONER FOR THE COSTS OF ADMINISTERING
 THIS TITLE.
 § 27-3221. PRODUCER RESPONSIBILITIES.
   1. BY THE FIRST OF JANUARY OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF
 THIS TITLE, EACH PRODUCER SHALL,  THROUGH  A  STEWARDSHIP  ORGANIZATION,
 IMPLEMENT AND FINANCE A STATEWIDE STEWARDSHIP PROGRAM THAT:
   (A) MANAGES CARPET BY REDUCING ITS WASTE GENERATION;
   (B) PROMOTES CARPET RECYCLING AND REUSE; AND

 S. 5027                             9
 
   (C)  PROVIDES  FOR NEGOTIATION AND EXECUTION OF AGREEMENTS TO COLLECT,
 TRANSPORT, PROCESS, AND MARKET THE PRODUCER'S DISCARDED CARPET FOR  END-
 OF-LIFE RECYCLING, REUSE, OR DISPOSAL.
   2.  NO  PRODUCER MAY SELL OR OFFER FOR SALE CARPET IN THE STATE UNLESS
 THE PRODUCER IS PART OF A STEWARDSHIP ORGANIZATION  IN  COMPLIANCE  WITH
 THE PROVISIONS OF THIS TITLE.
   3.  THE  STEWARDSHIP PROGRAM SHALL BE FREE TO THE CONSUMER, CONVENIENT
 AND ADEQUATE TO SERVE THE NEEDS OF BUSINESSES AND RESIDENTS IN ALL AREAS
 OF THE STATE ON AN ONGOING BASIS.
   4. ON AND AFTER THE FIRST OF MARCH OF THE YEAR FOLLOWING THE EFFECTIVE
 DATE OF THIS TITLE, NO CARPET SHALL BE SOLD OR OFFERED FOR SALE  IN  THE
 STATE  THAT  IS  NOT  THE  SUBJECT  OF  AN  APPROVED STEWARDSHIP PLAN AS
 PROVIDED IN THIS TITLE.
   5. EACH PRODUCER SHALL SUBMIT A PLAN TO THE DEPARTMENT THROUGH PARTIC-
 IPATION IN A CERTIFIED STEWARDSHIP ORGANIZATION THAT MEETS THE  REQUIRE-
 MENTS OF SECTION 27-3211 OF THIS TITLE.
 § 27-3223. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
   1.  BEGINNING  TWO  YEARS  AFTER  THE EFFECTIVE DATE OF THIS TITLE, NO
 RETAILER OR DISTRIBUTOR MAY SELL OR OFFER FOR SALE CARPET IN  THE  STATE
 UNLESS  THE  PRODUCER  OF  SUCH CARPET IS PARTICIPATING IN A STEWARDSHIP
 PROGRAM.
   2. ANY RETAILER OR DISTRIBUTOR MAY PARTICIPATE, ON A VOLUNTARY  BASIS,
 AS  A  DESIGNATED  COLLECTION  POINT  PURSUANT  TO A PRODUCT STEWARDSHIP
 PROGRAM AND IN ACCORDANCE WITH APPLICABLE LAW.
   3. NO RETAILER OR DISTRIBUTOR SHALL BE FOUND TO  BE  IN  VIOLATION  OF
 THIS SECTION IF, ON THE DATE THE CARPET WAS ORDERED FROM THE PRODUCER OR
 ITS  AGENT,  THE PRODUCER WAS LISTED AS COMPLIANT WITH THIS TITLE ON THE
 DEPARTMENT'S WEBSITE.
 § 27-3225. REQUIREMENTS FOR PROGRAM COLLECTORS.
   A PROGRAM COLLECTOR:
   1.  MAY  NOT  CHARGE  FOR  THE  ACCEPTANCE  OF  CARPET  AT  POINTS  OF
 COLLECTION.
   2. SHALL ACCEPT ALL TYPES AND BRANDS OF CARPET.
   3.  SHALL  ABIDE  BY  THE  BEST MANAGEMENT PRACTICES FOR COLLECTION OF
 DISCARDED CARPET THAT ARE PROVIDED BY THE STEWARDSHIP ORGANIZATION  WITH
 AN APPROVED PLAN.
   4.  SHALL SUBMIT AN ANNUAL REPORT TO THE STEWARDSHIP ORGANIZATION WITH
 AN APPROVED PLAN.
 § 27-3227. REQUIREMENT FOR RECYCLING.
   ALL CARPET THAT IS REMOVED  BY  INSTALLERS  AND  TO  BE  DISCARDED  IS
 REQUIRED TO BE TRANSPORTED TO A PROGRAM COLLECTION SITE FOR RECYCLING.
 § 27-3229. DEPARTMENT RESPONSIBILITIES.
   1.  UPON STEWARDSHIP PLAN APPROVAL, THE DEPARTMENT SHALL POST INFORMA-
 TION ON ITS WEBSITE ABOUT THE STEWARDSHIP ORGANIZATION AND  ITS  PARTIC-
 IPATING  PRODUCERS THAT ARE IN COMPLIANCE WITH THIS TITLE, INCLUDING THE
 BRANDS OF SUCH PRODUCERS.
   2. BEGINNING THE FIRST OF JANUARY OF THE YEAR FOLLOWING THE  EFFECTIVE
 DATE  OF  THIS  TITLE,  THE  DEPARTMENT  SHALL  POST  ON ITS WEBSITE THE
 LOCATION OF ALL COLLECTION SITES IDENTIFIED TO  THE  DEPARTMENT  BY  THE
 STEWARDSHIP ORGANIZATION IN ITS PLANS AND ANNUAL REPORTS.
   3.  THE  DEPARTMENT  SHALL  POST  ON  ITS WEBSITE THE STEWARDSHIP PLAN
 APPROVED BY THE DEPARTMENT.
   4. THE DEPARTMENT SHALL DEPOSIT THE FEES COLLECTED  PURSUANT  TO  THIS
 TITLE  INTO THE STEWARDSHIP ORGANIZATION FUND AS ESTABLISHED PURSUANT TO
 SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.

 S. 5027                            10
 
   5. THE DEPARTMENT SHALL SELECT ONE STEWARDSHIP ORGANIZATION  PER  FIVE
 YEAR OPERATING PERIOD.
   6. THE DEPARTMENT SHALL MEET WITH THE STEWARDSHIP ORGANIZATION WITH AN
 APPROVED  PLAN  AT  LEAST ANNUALLY TO REVIEW THE FUNCTIONING OF THE PLAN
 AND IDENTIFY COMPONENTS OF THE PLAN THAT NEED IMPROVEMENT.
   7. STARTING SIX YEARS AFTER THE EFFECTIVE  DATE  OF  THIS  TITLE,  THE
 DEPARTMENT  SHALL  IMPOSE A PENALTY OF TWENTY-FIVE CENTS PER POUND TO BE
 ASSESSED ON THE STEWARDSHIP ORGANIZATION FOR EACH POUND OF CARPET BEYOND
 THE AMOUNT ACTUALLY RECYCLED THAT IS MISSING TO ACHIEVE THE GOALS SPECI-
 FIED IN THE APPROVED STEWARDSHIP PLAN. ALL PENALTIES COLLECTED  PURSUANT
 TO  THIS  SECTION  SHALL BE PAID OVER TO THE COMMISSIONER FOR DEPOSIT TO
 THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
 TY-TWO-S OF THE STATE FINANCE LAW.
 § 27-3231. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
 § 27-3233. ANNUAL AUDIT AND REPORT.
   1. THE STEWARDSHIP ORGANIZATION SHALL APPOINT AN  INDEPENDENT  AUDITOR
 WHO  SHALL, AT THE END OF EACH CALENDAR YEAR IN WHICH A STEWARDSHIP PLAN
 IS IN EFFECT, REVIEW THE IMPLEMENTATION OF SUCH PLAN AND ASSESS  WHETHER
 STEWARDSHIP ASSESSMENTS PROVIDED FOR IN SUCH PLAN ARE SUFFICIENT TO FUND
 THE  COSTS  OF  COMPLIANCE WITH THIS TITLE, AND WHETHER THEY EXCEED SUCH
 COSTS. THE RESULTS OF SUCH AUDIT SHALL BE SUBMITTED TO THE  COMMISSIONER
 TOGETHER WITH THE ANNUAL REPORT PROVIDED FOR IN THIS SECTION.
   2. STARTING WITH YEAR TWO OF THE APPROVED PLAN, THE STEWARDSHIP ORGAN-
 IZATION SHALL DEMONSTRATE TO THE AUDITOR THAT A FINANCIAL RESERVE EXISTS
 THAT WILL FINANCE THE ORGANIZATION'S ACTIVITIES FOR AT LEAST SIX MONTHS.
   3.  AT  THE CLOSE OF EACH CALENDAR YEAR IN WHICH A STEWARDSHIP PLAN IS
 IN EFFECT, THE STEWARDSHIP ORGANIZATION SHALL SUBMIT  A  REPORT  TO  THE
 COMMISSIONER  AND  STEWARDSHIP  ADVISORY  BOARD CONTAINING THE FOLLOWING
 INFORMATION:
   (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT,  TRANSPORT,
 AND RECYCLE DISCARDED CARPET IN THE STATE;
   (B)  AN  EVALUATION  OF  THE CONVENIENCE OF THE COLLECTION PROCESS FOR
 CONSUMERS;
   (C) THE WEIGHT OF DISCARDED CARPET COLLECTED, RECYCLED, AND  OTHERWISE
 DISPOSED OF;
   (D)  THE AMOUNT OF CARPET SOLD IN THE STATE DURING THE REPORTING PERI-
 OD;
   (E) AN ESTIMATE OF THE  AMOUNT  OF  DISCARDED  CARPET  THAT  HAS  BEEN
 COLLECTED  FOR REUSE AND AN EVALUATION OF WHAT THE STEWARDSHIP ORGANIZA-
 TION CAN DO TO INCREASE THE AMOUNT OF DISCARDED CARPET THAT IS REUSED;
   (F) A DESCRIPTION OF THE  COLLECTION  INFRASTRUCTURE  AND  LISTING  OF
 COLLECTION SITES;
   (G)  A  DESCRIPTION  AND  EVALUATION  OF  THE  EDUCATION  AND OUTREACH
 PROGRAM, SAMPLES OF EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS  AND
 CARPET INSTALLERS, AND AN EVALUATION OF THE EFFECTIVENESS OF THE MATERI-
 ALS AND METHODS USED TO DISSEMINATE THE MATERIALS;
   (H)  INFORMATION  ON  PROGRESS  MADE  TOWARDS RECYCLING TARGETS AND AN
 EXPLANATION OF WHY PERFORMANCE GOALS WERE NOT MET, IF APPLICABLE;
   (I) AN EVALUATION OF THE EFFECTIVENESS OF METHODS AND  PROCESSES  USED
 TO ACHIEVE PERFORMANCE GOALS; AND
   (J) RECOMMENDATIONS FOR ANY CHANGES TO THE PROGRAM.
 § 27-3235. ENFORCEMENT AND PENALTIES.
   1.  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
 THAT VIOLATES ANY PROVISION OF OR FAILS  TO  PERFORM  ANY  DUTY  IMPOSED

 S. 5027                            11
 
 PURSUANT  TO  THIS  TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
 THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR  PERMIT  ISSUED
 PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
 ER  MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER
 SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE  HUNDRED  DOLLARS
 FOR  EACH  VIOLATION  AND  AN  ADDITIONAL  PENALTY OF NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   2. ANY RETAILER OR DISTRIBUTOR WHO VIOLATES ANY PROVISION OF OR  FAILS
 TO  PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGU-
 LATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDITION  OF  ANY
 REGISTRATION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMI-
 NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT  TO  THIS  ARTICLE  OR
 ARTICLE  SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION AND AN  ADDITIONAL
 PENALTY  OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES.
   3. ANY PRODUCER OR STEWARDSHIP ORGANIZATION WHO VIOLATES ANY PROVISION
 OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS  TITLE  OR  ANY
 RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDI-
 TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
 DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE
 OR ARTICLE SEVENTY-ONE OF THIS CHAPTER  SHALL  BE  LIABLE  FOR  A  CIVIL
 PENALTY  NOT  TO  EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND AN
 ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND  FIVE  HUNDRED  DOLLARS
 FOR  EACH  DAY  DURING  WHICH  SUCH  VIOLATION  CONTINUES.  FOR A SECOND
 VIOLATION COMMITTED WITHIN TWELVE  MONTHS  OF  A  PRIOR  VIOLATION,  THE
 PRODUCER OR STEWARDSHIP ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE
 THAN  THREE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES.  FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN  TWELVE
 MONTHS  OF ANY PRIOR VIOLATION, THE PRODUCER OR STEWARDSHIP ORGANIZATION
 SHALL BE LIABLE FOR A CIVIL PENALTY    NOT  TO  EXCEED  TWENTY  THOUSAND
 DOLLARS  AND  AN ADDITIONAL PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES.
   4. ALL PRODUCERS PARTICIPATING IN A STEWARDSHIP ORGANIZATION SHALL  BE
 JOINTLY  AND  SEVERALLY  LIABLE  FOR  ANY PENALTIES ASSESSED AGAINST THE
 STEWARDSHIP ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE  SEVENTY-ONE
 OF THIS CHAPTER.
   5. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT  AFTER  AN  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE PROVISIONS OF
 SECTION 71-1709 OF THIS CHAPTER, OR  BY  THE  COURT  IN  ANY  ACTION  OR
 PROCEEDING  PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
 THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE  ENJOINED  FROM
 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
 ISSUED  BY  THE  DEPARTMENT  MAY  BE  REVOKED  OR SUSPENDED OR A PENDING
 RENEWAL DENIED.
   6. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE  HEREBY  AUTHORIZED  TO
 ENFORCE  THE  PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
 DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
 § 27-3237. STATE PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO CARPET RECYCLING IS, BY THIS
 TITLE, VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY  LOCAL  LAW
 OR  ORDINANCE,  OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING
 CARPET RECYCLING SHALL, UPON  THE  EFFECTIVE  DATE  OF  THIS  TITLE,  BE
 PREEMPTED; PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE

 S. 5027                            12
 
 A  PERSON  FROM  COORDINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF
 CARPET.
 § 27-3239. PROCUREMENT.
   STATE PROCUREMENT GUIDELINES SHALL SPECIFY A REQUIREMENT TO PURCHASE A
 CERTAIN AMOUNT OF CARPET WITH A MINIMUM POST-CONSUMER RECYCLED CONTENT.
 § 27-3241. ANTI-COMPETITIVE CONDUCT.
   1.  A  STEWARDSHIP  ORGANIZATION THAT ORGANIZES THE COLLECTION, TRANS-
 PORT, AND PROCESSING OF DISCARDED CARPETS, IN AN ACTION TO INCREASE  THE
 RECYCLING  OF DISCARDED CARPETS BY A PRODUCER, STEWARDSHIP ORGANIZATION,
 OR RETAILER THAT AFFECTS THE TYPES AND QUANTITIES BEING RECYCLED OR  THE
 COST  AND  STRUCTURE  OF  ANY RETURN PROGRAM SHALL NOT BE LIABLE FOR ANY
 CLAIM OF A VIOLATION OF ANTI-TRUST, RESTRAINT OF TRADE, OR UNFAIR  TRADE
 PRACTICE  ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM
 PURSUANT TO THIS SECTION, INCLUDING SETTING AND COLLECTION OF A STEWARD-
 SHIP CHARGE.
   2. PROVIDED HOWEVER, SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 TO  ANY  AGREEMENT ESTABLISHING OR AFFECTING THE OUTPUT OR PRODUCTION OF
 CARPET OR ANY AGREEMENT RESTRICTING THE GEOGRAPHIC AREA OR CUSTOMERS  TO
 WHICH CARPET WILL BE SOLD.
 § 27-3243. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE, OR THE APPLICABILITY THERE-
 OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 3. The state finance law is amended by adding a new section 92-kk to
 read as follows:
   § 92-KK. CARPET ADMINISTRATIVE FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE  "CARPET  ADMINISTRA-
 TIVE FUND".
   2.  THE  CARPET  ADMINISTRATIVE  FUND  SHALL  CONSIST  OF  ALL REVENUE
 COLLECTED FROM ADMINISTRATIVE FEES PURSUANT TO TITLE THIRTY-TWO OF ARTI-
 CLE TWENTY-SEVEN OF THE ENVIRONMENTAL  CONSERVATION  LAW  AND  ANY  COST
 RECOVERIES,  OR OTHER REVENUES COLLECTED PURSUANT TO TITLE THIRTY-TWO OF
 ARTICLE TWENTY-SEVEN OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  AND  ANY
 OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE USED FOR EXECUTION OF CARPET PROGRAM ADMINISTRATION PURSUANT TO
 TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL  CONSERVA-
 TION LAW, AND EXPENDED FOR THE PURPOSES AS SET FORTH IN TITLE THIRTY-TWO
 OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.