Relates to extended producer responsibility for carpet, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2097--A
     Cal. No. 515
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sens.  KAVANAGH,  FAHY,  WEBB  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to first and second report, ordered to  a  third  reading,  passed  by
   Senate  and  delivered  to  the Assembly, recalled, vote reconsidered,
   restored to third reading, amended and  ordered  reprinted,  retaining
   its place in the order of third reading
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   extended producer responsibility for carpet
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 33 of article 27 of the environ-
 mental conservation law, as added by chapter 795 of the laws of 2022, is
 amended to read as follows:
                    EXTENDED PRODUCER RESPONSIBILITY FOR
                        CARPET [COLLECTION PROGRAM]
   §  2.  Section 27-3319 of the environmental conservation law is renum-
 bered section 27-3321 and  a new section 27-3319 is  added  to  read  as
 follows:
 § 27-3319. LIMITS  ON  LIABILITY  FOR  ANTITRUST, RESTRAINT OF TRADE, OR
              UNFAIR TRADE PRACTICES.
   1. A PRODUCER, REPRESENTATIVE ORGANIZATION, OR RETAILER SHALL  NOT  BE
 LIABLE FOR ANY CLAIM OF A VIOLATION OF ANTITRUST, RESTRAINT OF TRADE, OR
 UNFAIR  TRADE  PRACTICE  LAWS  ARISING FROM THE PERFORMANCE OF AN ACTION
 REQUIRED TO BE UNDERTAKEN BY THIS TITLE OR WHICH IS NECESSARY TO  IMPLE-
 MENT  OR  PARTICIPATE  UNDER A PRODUCER PLAN APPROVED BY THE DEPARTMENT,
 SOLELY TO INCREASE THE COLLECTION AND RECYCLING OF CARPET, WHICH AFFECTS
 THE TYPES AND QUANTITIES BEING COLLECTED AND RECYCLED OR  THE  COST  AND
 STRUCTURE  OF  SUCH COLLECTION PROGRAM THAT THE PRODUCER, REPRESENTATIVE
 ORGANIZATION, OR RETAILER IS PARTICIPATING IN PURSUANT TO THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04801-03-5
 S. 2097--A                          2
 
   2. PROVIDED, HOWEVER, SUBDIVISION ONE OF THIS SECTION SHALL NOT  APPLY
 TO  ANY AGREEMENT ESTABLISHING OR AFFECTING THE PRICE OF CARPET, EXCEPT,
 AS NECESSARY, TO FULFILL PRODUCER RESPONSIBILITY UNDER SUBDIVISION  FIVE
 OF SECTION 27-3305 OF THIS TITLE, THE OUTPUT OR PRODUCTION OF CARPET, OR
 RESTRICTING  THE  GEOGRAPHIC  AREA  OR CUSTOMERS TO WHICH CARPET WILL BE
 SOLD.
   § 3. This act shall take effect immediately.