What's happening
This bill establishes a mandatory carpet stewardship program in New York, requiring manufacturers to manage carpet recycling, reuse, and reporting.
Why it matters
Significant Environmental Impact. By setting aggressive recycling and reuse targets—ramping up to 95% by 2029—this law aims to keep huge amounts of bulky carpet waste out of landfills and incinerators, reducing environmental pollution and conserving landfill space.
Producer and Market Accountability. The law shifts the burden of carpet disposal from taxpayers and municipalities to manufacturers, who must finance collection, transport, recycling, and education. This creates a financial incentive for manufacturers to design carpets that are easier to recycle and less toxic.
Comprehensive Consumer Access and Enforcement. Consumers gain new rights to request free carpet removal and recycling through retailers or contractors, regardless of where they purchased their carpet. Strong enforcement mechanisms—with significant penalties for non-compliance—offer recourse for consumers if their requests are denied.
Catalyst for Recycling Infrastructure and Green Jobs. The program mandates detailed reporting, third-party audits, and coordinated state support to build recycling infrastructure and develop markets for recycled carpet products—potentially spurring new business opportunities and green jobs in New York.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Make Carpet Recycling Mandatory
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
12 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2327
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
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 Assembly, 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 28 to read as follows:
TITLE 28
CARPET STEWARDSHIP Section 27-2801. Short title and definitions.
27-2803. Manufacturer removal, acceptance and recycling.
27-2805. Manufacturer registration and responsibilities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02486-01-9
S. 2327 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. 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,
S. 2327 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 entity which operates a business that installs, replaces, or removes flooring 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, condominium 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 licensee of a trademark or brand under which the carpet is sold or distributed in the state, whether or not the trademark is registered; and (3) if there is no person who is a manufacturer of the carpet under subparagraph one or two of this paragraph, the manufacturer of that carpet is the person who imports the carpet into the state for sale or distribution.
(k) "Municipality" means a county, city, town or village.
(l) "Person" means any individual, business entity, partnership, company, corporation, limited liability company, non-profit organization, association, governmental entity, educational or cultural institutions, 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, incineration 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 consideration, including a remote sale conducted through a sales outlet, catalog, 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 twenty, a manufacturer of carpet or a carpet stewardship organization working on behalf of such manufacturer shall remove, accept, transport and recycle or reuse any discarded
S. 2327 4
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 primarily, 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 arrangements with its wholesalers, retailers, and any flooring and floor covering 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-one, 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-one and two thousand twenty-two: twenty-five percent.
(b) for calendar years two thousand twenty-three and two thousand twenty-four: forty percent.
(c) for calendar years two thousand twenty-five and two thousand twenty-six: sixty percent.
(d) for calendar years two thousand twenty-seven and two thousand twenty-eight: seventy-five percent.
(e) for calendar year two thousand twenty-nine 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-one, 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 recycling shall be fifteen cents per pound; provided that the department may revise the average cost of recycling from time to time on its own
S. 2327 5
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 27-2813 of this title.
8. Beginning in the calendar year two thousand twenty-two, 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 calendar year or purchased. § 27-2805. Manufacturer registration and responsibilities.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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".
Read the full memo (1,617 words)
Section 2 amends Article 27 of the environmental conservation law and adds a new title 28 to be known as the "New York State Carpet Steward- ship Law":
Subdivision 27-2801 of Section 2 defines the terms used in the legis- lation.
Subdivision 27-2803 of Section 2 describes the manufacturers' acceptance and recycling obligations starting as of July 1, 2019. 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 established, based on the weight of carpet sold in the state. Manufacturers must start meeting the goals in 2021. If a manufacturer fails to comply with a goal he shall pay a surcharge equal to the average cost of recycling 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. The first payment is due with the submission of the 2021 annual report i.e. by May 1, 2022.
Beginning with calendar year 2022, 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 3 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 27-2805 of Section 2 describes the obligation of manufactur- ers to, register with the New York State Department of Environmental Conservation ("DEC") by April 1, 2020 if the manufacturer wants to continue selling carpet in the state. Registration is effective upon filing with DEC a registration form, the carpet stewardship plan and the payment of the registration fee ($10,000). It is the obligation of manufacturers to develop educational materials and to maintain records. This section also adds a requirement that manufacturers 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 27-2807 of Section 2 describes the obligations of whole- salers, retailers, flooring and floor covering contractor and consumers. Manufacturers have an obligation to accept discarded carpet and send it to the location provided by the manufacturer, at the manufacturer's costs upon the submission of requests from consumers, wholesalers, retailers.
Subdivision 27-2809 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 27-2811 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 27-2811 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 27-2813 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 27-2815 of Section 2 provides that any local law or ordi- nance which is inconsistent with any provision of this title or any rule or regulation promulgated thereunder shall be preempted.
Subdivision 27-2817 of Section 2 provides for the disposition of fees, surcharges and penalties. All fees, surcharges and penalties collected pursuant to this title shall be used exclusively to implement the provisions of this title.
Subdivision 27-2819 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 manufacturer, 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 27-2821 of Section 2 describes the obligation of state agen- cies to implement carpet waste reduction, reuse, recycling and purchase recycled carpets from manufacturers, wholesalers or retailers who comply with the provisions of the proposed bill.
Subdivision 27-2823 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 emissions reduction potential. The report suggests that the greatest potential 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 appropriate incentives to all participants. To have a substantial impact on recycling rates, this provides a mandatory accept- ance 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, whole- saler, 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 recycled carpet credits to give manufacturers an incen- tive 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 strate- gies 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.
Fiscal impact on localities
None.
Impact on regulation of businesses and individuals
Manufacturers will have to register with the DEC by April 1, 2020, and pay a $10,000 registration fee. At that time they will be required to submit a recycling plan to the DEC, the specifics of which are described in this legislation.
Impact on fines, imprisonment, forfeiture of rights, or other penal sanctions
Beginning in 2021, manufacturers who don't comply with this recycling legislation shall be charged a surcharge equal to the average cost of recycling the carpet that the manufacturer was required to recycle or reuse.
Legislative history
2018: S7147 -REFERREDTO ENVIRONMENTAL CONSERVATION 2017: A8569 -stricken 2016: A05792- referredto environmental conservation 2015: A05792- referredto environmental conservation
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.