N.Y. Environmental Conservation Law § 27-3303: Producer plan

§ 27-3303. Producer plan.

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.