N.Y. Environmental Conservation Law 27-3303 – Producer plan
* § 27-3303. Producer plan.
Terms Used In N.Y. Environmental Conservation Law 27-3303
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
1. No later than December thirty-first, two thousand twenty-five, a producer, either individually or cooperatively with one or more producers, or a representative organization shall submit to the department for the department's approval a plan for the establishment of a carpet collection program that meets the collection requirements described in this section.
2. A producer may satisfy the carpet collection program requirement of this section by agreeing to participate collectively with other producers. Any such collective carpet collection program shall notify the department.
3. A producer or representative organization shall update the plan, as needed, when there are changes proposed to the current program. A new plan or amendment will be required to be submitted to the department for approval when:
(a) there is a revision of the program's goals; or
(b) every three years from the date of approval of a previous plan.
4. The plan submitted by the producer or representative organization to the department under this section shall, at a minimum:
(a) provide a list of each participating producer and brands covered by the program;
(b) provide information on the products covered by the program;
(c) describe how the producer or representative organization will collect, transport, recycle, and process carpet;
(d) describe how the program will provide for collection of carpet in the state, free of cost and in a manner convenient to consumers and carpet installers, including how the program will achieve, at a minimum, a convenience standard which ensures that all counties of the state and all municipalities which have a population of ten thousand or greater have at least one permanent collection site and one additional permanent collection site for every thirty thousand people located in those areas, that accepts carpet from consumers during normal business hours; however, with respect to a city having a population of one million or more, after consultation with the department of sanitation of such city, the department may otherwise establish an alternative convenience standard. The producer or representative organization may coordinate the program with existing municipal waste collection infrastructure as is mutually agreeable. Convenience standards shall be evaluated by the department periodically and the department may require additional collection locations to ensure adequate consumer convenience;
(e) describe in detail education and outreach efforts to inform consumers, carpet installers and others engaged in the management of discarded carpet about the program including, at a minimum, an internet website and a toll-free telephone number and written information included at the time of sale of carpet that provides sufficient information to allow a consumer to learn how to return such carpet for disposal, recycling or reuse;
(f) describe the methods to be used to reuse or recycle discarded carpet;
(g) describe the methods to be used to manage or dispose of discarded carpet that cannot be recycled or reused;
(h) describe how the program will meet annual performance goals, as determined by the department, provided that at a minimum, the program shall achieve the following recycling rates:
(i) a thirty percent recycling rate for carpets of which ten percent shall be closed-loop recycling by five years after the plan is approved by the department pursuant to section 27-3309 of this title;
(ii) a fifty percent recycling rate for carpets of which twenty percent shall be closed-loop recycling by ten years after the plan is approved by the department pursuant to section 27-3309 of this title; and
(iii) a seventy-five percent recycling rate for carpets, of which forty percent shall be closed-loop recycling by fifteen years after the plan is approved by the department pursuant to section 27-3309 of this title;
(i) describe what, if any, incentives will be used to encourage retailer participation;
(j) describe the outreach and education methods that will be used to encourage municipal landfill and transfer station participation;
(k) describe the sources of data and methodology for estimating the amount of carpet discarded in the state annually; and
(l) any other information as specified by the department.
* NB Effective December 28, 2024