N.Y.
Environmental Conservation Law Section 27-3305
Producer responsibilities
1.
Beginning not later than July first, two thousand twenty-six, the producer or representative organization shall implement the carpet collection program utilizing collection sites established pursuant to paragraph (d) of subdivision four of § 27-3303 (Producer plan)section 27-3303 of this title.2.
A producer shall not sell, or offer for sale, carpet to any person in the state unless the producer is implementing or participating under an approved plan.3.
The program shall be free to the consumer, convenient and adequate to serve the needs of consumers in all areas of the state on an ongoing basis.4.
A producer or representative organization shall maintain records demonstrating compliance with the provisions of this title and make them available for audit and inspection by the department for a period of three years. The department shall make such records available to the public upon request in accordance with the provisions of the state freedom of information law and the regulations promulgated thereunder. Record holders shall submit the records required to comply with the request within sixty working days of written notification by the department of receipt of the request.5.
A producer or representative organization shall be responsible for all costs associated with the implementation of the carpet collection program, including but not limited to the cost of collection. A producer, producers or representative organization shall pay costs incurred by the department in the administration and enforcement of this title. Exclusive of fines and penalties, the department shall only be reimbursed its actual cost of administration and enforcement.6.
Any person who becomes a producer on or after December thirty-first, two thousand twenty-five shall submit a plan to the department, or notify the department that it has joined an existing plan, prior to selling or offering for sale in the state any carpet, and shall comply with the requirements of this title.7.
On or before July first, two thousand twenty-seven, and annually thereafter, a producer or representative organization shall submit a report to the department that includes, for the previous program year, a description of the program, including, but not limited to, the following:(a)
a detailed description of the methods used to collect, transport, and process carpet in the state, including detailing collection methods made available to consumers and an evaluation of the program’s collection convenience;(b)
identification of all collection sites in the state;(c)
the weight of all of the producer’s carpet collected in the state by method of disposition, including reuse, recycling and other methods of processing or disposal;(d)
an evaluation of whether the performance goals and recycling rates have been achieved;(e)
the total cost of implementing the program;(f)
samples of all educational materials provided to consumers and a detailed list of efforts undertaken and an evaluation of the methods used to disseminate such materials including recommendations, if any, for how the educational component of the program can be improved; and(g)
any other information required by the department.8.
On or before January first of each program year following implementation of the plan pursuant to § 27-3303 (Producer plan)section 27-3303 of this title, each producer, group of producers or representative organization shall submit a report to the department that assesses compliance with performance goals and describes any modifications necessary to achieve such goals. * NB Effective December 28, 2024
Source:
Section 27-3305 — Producer responsibilities, https://www.nysenate.gov/legislation/laws/ENV/27-3305 (updated Mar. 10, 2023; accessed Oct. 26, 2024).
