|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 26, 2021||referred to environmental conservation|
senate Bill S2872
Establishes a carpet stewardship program
Current Bill Status - In Senate Committee Environmental Conservation Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (1)
S2872 (ACTIVE) - Details
S2872 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2872 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing a carpet stewardship program PURPOSE: This bill will establish a carpet stewardship program to address the issues relating to carpet disposal in the state. SUMMARY OF PROVISIONS: Section 1 is a declaration of legislative intent and also describes briefly findings relating to carpet in the waste stream and the state new waste strategy plan "Beyond Waste". Section 2 amends Article 27 of the environmental conservation law and adds a new title 32 to be known as the "New York State Carpet Steward-
ship Law": Subdivision 27-3201 of Section 2 defines the terms used in the legis- lation. Subdivision 27-3203 of Section 2 describes the manufacturers' acceptance and recycling obligations starting as of July 1, 2022. The acceptance of discarded carpet shall be done primarily through the manufacturer's wholesalers, retailers and flooring and floor covering contractor, at the manufacturer's cost. Statewide recycling and reuse goals are estab- lished, based on the weight of carpet sold in the state. Manufacturers must start meeting the goals in 2023. If a manufacturer fails to comply with a goal he shall pay a surcharge equal to the average cost of recy- cling the total weight of carpet that should have been recycled. The average cost is set at 15 cents per pound of discarded carpet that should have been recycled. Beginning with calendar year 2024, if a manufacturer's carpet recycled rate exceeds the statewide goal, the excess may be used as recycled carpet credits and may be sold, traded, or banked for a period no longer than three years. No more than 20% of a manufacturer's obligation for any calendar year may be met with recycled carpet credits generated in a prior calendar year. Subdivision 27-3205 of Section 2 describes the obligation of manufacturers to, register with the New York State Depart- ment of Environmental Conservation ("DEC") by April 1, 2022 if the manufacturer wants to continue selling carpet in the state. Registra- tion is effective upon filing with DEC a registration form, the carpet stewardship plan and the payment of the registration fee ($10,000). It is th6 obligation of manufacturers to develop educational materials and to maintain records. This section also adds a requirement that manufac- turers or a carpet stewardship program on behalf of a manufacturer perform an audit into its recycling program every three years. The results of this audit will be made available to DEC upon request. Subdivision 27-3207 of Section 2 describes the obligations of whole- salers, retailers, flooring and floor covering contractors and consum- ers. Manufacturers have an obligation to accept discarded carpet and send it to the location provided by the manufacturer, at the manufactur- er's costs upon the submission of requests from consumers, wholesalers, retailers. Subdivision 27-3209 of Section 2 describes the content of the carpet stewardship plan to be submitted by each manufacturer to DEC. The carpet stewardship plan shall address the environmental impacts of carpet over its entire lifecycle. The plan shall also include the manufacturer's goals, over a five-year period, for carpet recycled and education and outreach activities and financing mechanism to carry out the plan. It shall also list the acceptance and recycling facilities that will be used by the manufacturer. This subdivision also describes the responsi- bilities of the flooring and floor covering contractors. Subdivision 27-3211 of Section 2 describes the responsibilities of DEC. DEC shall post on their website the list of the manufacturers who have registered with the department together with a link to each manufactur- er's website and carpet stewardship plan. DEC may periodically conduct randomly selected audits of the manufacturers' carpet stewardship plan. Subdivision 27-3211 also provides the possibility of creating a carpet stewardship program support unit within Empire State Development (Envi- ronmental Services Unit) to assist a manufacturer or a carpet steward ship organization in the creation and development of carpet recycling infrastructure in the state as well as markets for recycled products and materials. DEC, the carpet stewardship program support unit, the carpet stewardship organization and manufacturers shall launch statewide coor- dinated information campaigns about the mandatory acceptance and recycl- ing or reuse of discarded carpet, at the manufacturers' costs. Subdivision 27-3213 of Section 2 provides for reporting requirements. A manufacturer or the carpet stewardship organization shall submit to DEC annually by during the prior calendar year to implement the carpet stewardship plan. A $5,000.00 fee must also be paid to DEC each year for administrative processing. Subdivision 27-3215 of Section 2 provides that any local law or ordinance which is inconsistent with any provision of this title or any rule or regulation promulgated thereunder shall be preempted. Subdivision 27-3217 of Section 2 provides for the disposi- tion of fees, surcharges and penalties. All fees, surcharges and penal- ties collected pursuant to this title shall be used exclusively to implement the provisions of this title. Subdivision 27-3219 of Section 2 provides that DEC shall enforce all the provisions of this title but it may delegate the enforcement of the provisions of this title to a municipality upon request. DEC department may temporarily prevent a manufacturer, wholesaler or retailer who is not in compliance with the provisions of this title from selling any carpet in the state. Any manufacturer, wholesaler, retailer, flooring and floor covering contractor, consumer or any person who violates the provisions of the proposed bill shall be liable for a civil Penalty. Any consumer who was denied acceptance of his discarded carpet by a manufac- turer, a wholesaler, a retailer or a flooring and floor covering contractor may report such denial to the department or the designated authority within a municipality. Subdivision 27-3221 of Section 2 describes the obligation of state agencies to implement carpet waste reduction, reuse, recycling and purchase recycled carpets from manufac- turers, wholesalers or retailers who comply with the provisions of the proposed bill. Subdivision 27-3223 of Section 2 is a miscellaneous section addressing the interference with Article 37 of the environmental conservation law and severability issue. Section 3 provides that this act shall take effect immediately after it shall have become a law. JUSTIFICATION: Waste, in all shapes and forms, is one of the world's biggest challenges of the 21st century. We can no longer rely on landfills to get rid of all waste. A report dated May 2011 from EPA, Region 10, highlighted carpet as one of ten materials, with the greatest greenhouse gas emis- sions reduction potential. The report suggests that the greatest poten- tial for emissions reduction can be achieved through better end-of-life management of carpet. Carpet is made from natural gas and petroleum products and requires a great deal of energy to produce. Most carpet is manufactured in the southern part of the US, where energy is derived largely from coal. The tremendous fossil fuel intensity of carpet inputs and production makes the emissions of carpet manufacturing extremely high. New techniques and advances in recycling infrastructure are making recycling carpet more viable. Processes exist for turning used carpet into new carpet, with much lower life-cycle emissions than manufacturing with virgin content. Carpet can also be recycled into other products, such as carpet pad or molded plastic parts (often for automobiles), also leading to signif- icant emissions reductions. Carpet was identified as one of the best candidates for consideration under a product stewardship system due to a number of factors, including the difficulty of managing this bulky product within the traditional municipal solid waste infrastructure, the opportunity to recycle postconsumer carpet into a variety of value-added applications, and the development of carpet recycling technologies. This bill provides appro- priate incentives to all participants. To have a substantial impact on recycling rates, this provides a mandatory acceptance of discarded carpet for manufacturers, wholesalers, retailers and flooring and floor covering contractor. Consumers in the state who wish to dispose of any discarded carpet must contact a manufacturer, wholesaler, retailer, flooring and floor covering contractor or recycling facility to organize the acceptance of discarded carpet. One of the main issues encountered by recycling facilities is accepting enough volume of discarded carpet to support their business activity and therefore create jobs. The bill includes surcharges, civil penalties as well as the possibility of recy- cled carpet credits to give manufacturers an incentive to perform. The bill also provides incentives to wholesalers, retailers, flooring and floor covering contractor and consumers. This bill offers manufacturers flexibility with regard to compliance strategies without compromising overall environmental goals. In other words the proposed legislation tells the manufacturers what to do, but not how to do it. The bill provides ample time for the industry to adjust to the carpet stewardship law with a progressive schedule for compliance. Lastly, this bill will result in significant environmental economic, energy and greenhouse gas reduction benefits while creating green jobs. FISCAL IMPACT ON THE STATE: To be determined. LEGISLATIVE HISTORY: 2020: S2327 (Kavanagh) - ENVIRONMENTAL CONSERVATION 2019: S2327 (Kavanagh) - ENVIRONMENTAL CONSERVATION 2018: S7147 -REFERRED TO ENVIRONMENTAL CONSERVATION 2017: A8569 - stricken 2016: A05792 - referred to environmental conservation 2015: A05792 - referred to environmental conservation EFFECTIVE DATE: This act shall take effect immediately.
S2872 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2872 2021-2022 Regular Sessions I N S E N A T E January 26, 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, 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. § 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. MANUFACTURER REMOVAL, ACCEPTANCE AND RECYCLING. 27-3205. MANUFACTURER REGISTRATION AND RESPONSIBILITIES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06241-01-1
S. 2872 2 27-3207. WHOLESALER, RETAILER, FLOORING AND FLOOR COVERING CONTRACTOR AND CONSUMER REQUIREMENTS. 27-3209. CARPET STEWARDSHIP PLAN. 27-3211. DEPARTMENT RESPONSIBILITIES. 27-3213. ANNUAL REPORTING REQUIREMENTS. 27-3215. PREEMPTION. 27-3217. FEES AND PENALTIES. 27-3219. ENFORCEMENT. 27-3221. STATE AGENCIES' RESPONSIBILITIES. 27-3223. MISCELLANEOUS. § 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 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 27-3209 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, S. 2872 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. § 27-3203. MANUFACTURER REMOVAL, ACCEPTANCE AND RECYCLING. 1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-TWO, A MANUFACTURER OF CARPET OR A CARPET STEWARDSHIP ORGANIZATION WORKING ON BEHALF OF SUCH MANUFACTURER SHALL REMOVE, ACCEPT, TRANSPORT AND RECYCLE OR REUSE ANY S. 2872 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-THREE, THE MANUFAC- TURER SHALL COMPLY WITH THE RECYCLING AND REUSE GOALS ESTABLISHED IN ITS CARPET STEWARDSHIP PLAN REQUIRED BY SECTION 27-3209 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-THREE AND TWO THOUSAND TWENTY-FOUR: TWENTY-FIVE PERCENT. (B) FOR CALENDAR YEARS TWO THOUSAND TWENTY-FIVE AND TWO THOUSAND TWEN- TY-SIX: FORTY PERCENT. (C) FOR CALENDAR YEARS TWO THOUSAND TWENTY-SEVEN AND TWO THOUSAND TWENTY-EIGHT: SIXTY PERCENT. (D) FOR CALENDAR YEARS TWO THOUSAND TWENTY-NINE AND TWO THOUSAND THIR- TY: SEVENTY-FIVE PERCENT. (E) FOR CALENDAR YEAR TWO THOUSAND THIRTY-ONE AND THEREAFTER: NINETY- 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-THREE, 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 RECY- CLE OR REUSE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. THE AVERAGE COST OF RECYCLING SHALL BE FIFTEEN CENTS PER POUND; PROVIDED THAT THE DEPARTMENT MAY REVISE THE AVERAGE COST OF RECYCLING FROM TIME TO TIME ON S. 2872 5 ITS OWN INITIATIVE 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 27-3213 OF THIS TITLE. 8. BEGINNING IN THE CALENDAR YEAR TWO THOUSAND TWENTY-FOUR, 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. § 27-3205. MANUFACTURER REGISTRATION AND RESPONSIBILITIES. 1. BY APRIL FIRST, TWO THOUSAND TWENTY-TWO, PRIOR TO SELLING OR OFFER- ING 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 AS ESTABLISHED BY THE DEPARTMENT PURSUANT TO SECTION 27-3217 OF THIS TITLE; 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-FIVE, 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. § 27-3207. 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 S. 2872 6 IS NOT REGISTERED WITH THE DEPARTMENT, OR (B) IS REGISTERED WITH THE DEPARTMENT BUT IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS TITLE. IN THE EVENT THE 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 S. 2872 7 WHOLESALER OR RETAILER TO SEND TO THE LOCATION PROVIDED BY THE MANUFAC- 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-FIVE, 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. § 27-3209. 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 S. 2872 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 FOR CALCULATING THE RATE OF RECYCLING AND REUSE OF CARPET AND 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. § 27-3211. 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. S. 2872 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-FIVE, 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 MODIFICA- TIONS 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. § 27-3213. 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 METHODS FOR CALCULATING THE QUANTITY AND PERCENTAGE RATE OF CARPET ACCEPTED FOR RECYCLING AND REUSE; (D) AN EVALUATION OF THE METHODS AND PROCESSES USED TO ACHIEVE THE MANUFACTURER'S OR CARPET STEWARDSHIP ORGANIZATION'S PERFORMANCE GOALS; (E) THE REMOVAL, ACCEPTANCE, HANDLING, TRANSPORTATION, PROCESSING AND DISPOSAL SYSTEMS USED; (F) 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 AND AN EVALUATION OF THE SUCCESS OF SUCH EDUCA- TION AND OUTREACH ACTIVITIES; (G) 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; S. 2872 10 (H) QUANTITATIVE INFORMATION DATA AND DISCUSSION, SPECIFIC TO SALES IN NEW YORK, ON THE FOLLOWING: (1) THE AMOUNT OF CARPET SOLD BY SQUARE YARDS AND POUNDS, IN THE STATE DURING THE REPORTING PERIOD THAT IS COVERED UNDER THE APPROVED STEWARDSHIP PLAN. A STEWARDSHIP ORGANIZATION WITH MORE THAN ONE MANUFACTURER MAY USE AVERAGE WEIGHT; AND (2) THE AMOUNT IN POUNDS OF POST-CONSUMER CARPET THAT IS AVAILABLE FOR COLLECTION; (I) THE TOTAL COST OF IMPLEMENTING THE CARPET STEWARDSHIP PLAN; (J) RECOMMENDATIONS FOR ANY CHANGES TO THE CARPET STEWARDSHIP PROGRAM; AND (K) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REASONABLY REQUIRE. 2. THE ANNUAL REPORT REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE SUBMITTED TO THE DEPARTMENT TOGETHER WITH AN ANNUAL ADMINISTRA- TIVE PROCESSING FEE AS ESTABLISHED BY THE DEPARTMENT PURSUANT TO SECTION 27-3217 OF THIS TITLE AND ANY SURCHARGE REQUIRED TO BE PAID UNDER SECTION 27-3203 OF THIS TITLE. 3. THE DEPARTMENT MAY REQUIRE ANNUAL REPORTS TO BE FILED ELECTRON- ICALLY. § 27-3215. 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. § 27-3217. FEES AND PENALTIES. 1. NOT LATER THAN JANUARY FIRST OF EACH YEAR, COMMENCING IN TWO THOU- SAND TWENTY-TWO, THE DEPARTMENT SHALL NOTIFY EACH MANUFACTURER OR CARPET STEWARDSHIP ORGANIZATION OF THE AMOUNT OF THE REGISTRATION AND/OR ANNUAL FEE REQUIRED TO BE SUBMITTED PURSUANT TO THIS TITLE. THE FEE SHALL REFLECT THE DEPARTMENT'S ACTUAL ANNUAL COSTS TO ADMINISTER AND ENFORCE THIS TITLE FOR THE PREVIOUS YEAR. FOR PAYMENTS DUE IN TWO THOUSAND TWEN- TY-TWO, TWO THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-FOUR, THE FEE SHALL ALSO REFLECT THE DEPARTMENT'S ACTUAL ANNUAL COSTS TO DEVELOP REGU- LATIONS AND THE CARPET STEWARDSHIP PROGRAM. THE DEPARTMENT'S COSTS SHALL INCLUDE THE COST OF STAFF, OVERHEAD EXPENSES APPLICABLE TO STAFF, CONTRACT SERVICES AND ANY OTHER EXPENSES INCURRED IN ADMINISTERING OR ENFORCING THE PROGRAM AND IN DEVELOPING THESE REGULATIONS AND THE PROGRAM. 2. 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 PENAL- TIES COLLECTED PURSUANT TO THIS TITLE SHALL BE USED EXCLUSIVELY TO IMPLEMENT THE PROVISIONS OF THIS TITLE. § 27-3219. 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. S. 2872 11 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 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. § 27-3221. STATE AGENCIES' RESPONSIBILITIES. S. 2872 12 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 TWENTY-TWO, 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. § 27-3223. 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.
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