Bill S3964-2013

Requires flooring contractor to remove used carpeting from the premises of a customer's property

Requires flooring contractor to remove used carpeting from the premises of a customer's property; requires such contractors to manage used carpeting in accordance with the state solid waste management policy; provides for the reuse and recycling of used carpeting by localities.

Details

Actions

  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Mar 1, 2013: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S3964

TITLE OF BILL: An act to amend the general business law and the environmental conservation law, in relation to the reuse and recycling of carpeting

PURPOSE: The purpose of this bill is to encourage greater recovery of carpeting for reuse and recycling by 1) requiring contractors to remove used carpeting from a customer's property unless certain conditions are met; and 2) requiring any municipality which collects used carpeting from residential curbside or roadside, to either have a recycling program to reuse or recycle a minimum of 50 percent of carpeting collected, or to charge the resident for, its collection.

SUMMARY OF PROVISIONS:; Section 1 of the bill amends Section 770 of the General Business Law to define carpeting, flooring, floor covering, and flooring and floor covering contractor.

Section 2 of the bill adds a new Section 771-b to the General. Business Law requiring flooring and floor covering contractors to remove used carpeting from residential premises and to manage this carpeting according to the state solid waste management hierarchy defined in Section 27-0106 of the ECL. A customer may request to keep all or part of the used carpeting by signing a form describing the customer's responsibility to properly dispose of the used carpeting. Alternatively, a contractor is not responsible for the used carpeting removal if the customer's municipality operates a carpeting recovery program which recycles or reuses a minimum of 50 percent of the used carpeting it collects.

Section 3 of the bill amends Section 773 of the General Business Law to establish penalties for contractor violations of the requirements of Section 771-b.

Section 4 of the bill amends Article 27 of the Environmental Conservation Law to require any planning unit, municipality, entity acting on behalf of a municipality, or waste hauler which collects used carpeting from curbside or roadside to have 1) a carpeting reuse or recycling program which recovers a minimum of 50 percent of all used carpeting collected; or 2) another means of Promoting used carpet recovery approved by DEC. The bill would take effect immediately, provided that Sections one, two and three of this act shall take effect January 1, 2014.

JUSTIFICATION: Carpeting constitutes a significant portion by weight of the waste stream, estimated at over 3 million tons yearly in the U.S. A DEC waste composition study estimated that approximately 260,000 tons were generated in New York State in 2010, representing 1.4 percent by volume of the municipal solid waste stream.

Fortunately, demand is steadily rising for used carpeting and its many components because a number of carpet recyclers are collecting and processing these materials. Recyclers are economically and competitively collecting carpeting from commercial sources. However, they have encountered obstacles to competitively recycling residential carpeting.

A major obstacle to recycling residential carpeting is the availability of carpeting curbside collections at no charge to the resident by many of the largest municipalities which are seldom recycling the carpeting. The true cost of used carpeting management is subsidized by the municipality, so residents have no or little incentive to recycle. However, commercial establishments facing the true costs of disposal vs. recycling carpeting find it increasingly favorable to recycle.

Carpet recovery has clear environmental benefits, indicated in one aspect by its significant reduction of greenhouse gas(GHG) emissions. The EPA Waste Reduction Model (WARM) estimates that for every short ton of carpet that is diverted from landfilling by reuse 4.00 metric tons of CO2 equivalent (MTCO2E) are eliminated; while for every short ton of carpet diverted by recycling 2.41 MTCO2E are eliminated.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: There are no fiscal implications to the State.

EFFECTIVE DATE: This bill takes effect immediately, except that sections one, two and three shall take effect January 1, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 3964 2013-2014 Regular Sessions IN SENATE March 1, 2013 ___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the environmental conserva- tion law, in relation to the reuse and recycling of carpeting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 770 of the general business law is amended by adding three new subdivisions 8, 9 and 10 to read as follows: 8. "CARPETING" MEANS ANY MANUFACTURED FLOOR COVERING THAT IS COMPOSED OF A VISIBLE TOP SURFACE OF FIBERS, YARNS OR TUFTS ATTACHED TO A BACKING MADE OF SYNTHETIC OR NATURAL MATERIALS. CARPETING INCLUDES, BUT IS NOT LIMITED TO, COMMERCIAL OR RESIDENTIAL BROADLOOM CARPET, OR MODULAR CARPET TILES. CARPETING INCLUDES THE PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A CARPET. SUCH TERM SHALL NOT INCLUDE HANDMADE RUGS, AREA RUGS OR MATS. 9. "FLOORING AND FLOOR COVERING" MEANS MATERIAL USED TO MAKE THE SURFACE OF A FLOOR ABOVE THE SUB-FLOOR INCLUDING, BUT NOT LIMITED TO, CARPETING; 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. 10. "FLOORING AND FLOOR COVERING CONTRACTOR" MEANS ANY PERSON OR ENTI- TY 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, CORPORATION, LANDLORD, COOPERATIVE CORPO- RATION, CONDOMINIUM BOARD OF MANAGERS, JOINT TENANT OR CO-TENANT THAT OWNS, IN WHOLE OR IN PART, THE REAL PROPERTY TO BE IMPROVED.
S 2. The general business law is amended by adding a new section 771-b to read as follows: S 771-B. RESPONSIBILITIES OF FLOORING AND FLOOR COVERING CONTRACTORS. 1. EVERY FLOORING AND FLOOR COVERING CONTRACTOR WHO REMOVES USED CARPET- ING FROM A CUSTOMER'S FLOOR OR SUB-FLOOR SHALL REMOVE SUCH CARPETING FROM THE PREMISES OF SUCH CUSTOMER'S PROPERTY NOT LATER THAN THE TIME THE CONTRACTED WORK IS COMPLETED. 2. EVERY FLOORING AND FLOOR COVERING CONTRACTOR SHALL MANAGE AND UTILIZE ALL USED CARPETING, RECOVERED PURSUANT TO THIS SECTION, IN ACCORDANCE WITH THE STATE SOLID WASTE MANAGEMENT POLICY ESTABLISHED PURSUANT TO SECTION 27-0106 OF THE ENVIRONMENTAL CONSERVATION LAW. 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, A FLOORING AND FLOOR COVERING CONTRACTOR SHALL NOT BE REQUIRED TO REMOVE USED CARPETING FROM THE PREMISES OF A CUSTOMER'S PROPERTY WHEN: (A) THE CUSTOMER REQUESTS TO RETAIN CUSTODY OF ALL OR ANY PORTION OF THE USED CARPETING, AND THE FLOORING AND FLOOR COVERING CONTRACTOR: (1) REMOVES ALL USED CARPETING WHICH THE CUSTOMER DOES NOT ELECT TO RETAIN CUSTODY OF, (2) INFORMS THE CUSTOMER THAT HE OR SHE IS RESPONSIBLE FOR THE PROPER MANAGEMENT OF THE USED CARPETING IN ACCORDANCE WITH LOCAL LAWS AND ORDI- NANCES, AND (3) OBTAINS A STATEMENT, SIGNED BY THE CUSTOMER, ATTESTING THAT HE OR SHE HAS ELECTED TO RETAIN CUSTODY OF USED CARPETING, THE APPROXIMATE SQUARE YARDAGE OF THE RETAINED USED CARPETING AND ACKNOWLEDGING THAT HE OR SHE HAS BEEN INFORMED OF HIS OR HER RESPONSIBILITY FOR THE PROPER MANAGEMENT OF THE USED CARPETING, INCLUDING ANY COSTS ASSOCIATED WITH THE COLLECTION THEREOF BY OR ON BEHALF OF THE APPROPRIATE MUNICIPALITY, OR BY A CONTRACTED RECYCLING OR WASTE HAULER; OR (B) THE CUSTOMER'S MUNICIPALITY OPERATES OR HAS CONTRACTED FOR THE OPERATION OF A PROGRAM WHICH ACCEPTS USED CARPETING FROM THE CUSTOMER'S PREMISES, AND REUSES OR RECYCLES USED CARPETING AT A RATE OF NOT LESS THAN FIFTY PERCENT, BY WEIGHT, OF THE USED CARPETING IT RECEIVES, AS APPROVED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION. S 3. Section 773 of the general business law is amended by adding a new subdivision 4 to read as follows: 4. CARPETING VIOLATIONS. ANY FLOORING AND FLOOR COVERING CONTRACTOR WHO IS FOUND TO HAVE VIOLATED ANY PROVISION OF SECTION SEVEN HUNDRED SEVENTY-ONE-B OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION THEREOF. S 4. Article 27 of the environmental conservation law is amended by adding a new title 29 to read as follows: TITLE 29 CARPETING REUSE AND RECYCLING SECTION 27-2901. DEFINITIONS. 27-2903. MANAGEMENT OF USED CARPETING. S 27-2901. DEFINITIONS. AS USED IN THIS TITLE: 1. "CARPETING" MEANS ANY MANUFACTURED FLOOR COVERING THAT IS COMPOSED OF A VISIBLE TOP SURFACE OF FIBERS, YARNS OR TUFTS ATTACHED TO A BACKING MADE OF SYNTHETIC OR NATURAL MATERIALS. CARPETING INCLUDES, BUT IS NOT LIMITED TO, COMMERCIAL OR RESIDENTIAL BROADLOOM CARPET, OR MODULAR CARPET TILES. CARPETING INCLUDES THE PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A CARPET. SUCH TERM SHALL NOT INCLUDE HANDMADE RUGS, AREA RUGS OR MATS.
2. "PLANNING UNIT" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 27-0107 OF THIS ARTICLE. S 27-2903. MANAGEMENT OF USED CARPETING. 1. ANY PLANNING UNIT OR MUNICIPALITY THEREIN MAY ESTABLISH A PROGRAM TO MANAGE USED CARPETING FOR REUSE OR RECYCLING IN ACCORDANCE WITH THE STATE SOLID WASTE MANAGEMENT POLICY ESTABLISHED PURSUANT TO SECTION 27-0106 OF THIS ARTICLE. 2. A PLANNING UNIT OR PARTICIPATING MUNICIPALITY THAT MANAGES USED CARPETING IN ANY ASPECT SHALL INCLUDE A DESCRIPTION OF THE PROCESS IN ITS LOCAL SOLID WASTE MANAGEMENT PLAN OR ANY COMPONENT REQUIRED THEREIN INCLUDING, BUT NOT LIMITED TO: (A) ANY EXISTING MEANS BY WHICH USED CARPETING IS MANAGED IN THE PLAN- NING UNIT OR BY THE MUNICIPALITIES; AND (B) AN EVALUATION OF ALTERNATIVES TO DISPOSAL METHODS TO INCREASE REDUCTION, REUSE AND RECYCLING OF USED CARPETING. 3. NO PLANNING UNIT, MUNICIPALITY, ENTITY ACTING ON BEHALF OF A MUNI- CIPALITY OR WASTE HAULER SHALL COLLECT USED CARPETING, THAT EXCEEDS THREE FEET IN LENGTH, FROM CURBSIDE OR ROADSIDE, UNLESS IT EMPLOYS: (A) A CARPETING REUSE OR RECYCLING PROGRAM WHICH RECOVERS AT LEAST FIFTY PERCENT BY WEIGHT OF ALL USED CARPETING COLLECTED; OR (B) ANOTHER MEANS OF PROMOTING THE REUSE OR RECYCLING OF USED CARPET- ING APPROVED BY THE DEPARTMENT. S 5. This act shall take effect immediately, provided that sections one, two and three of this act shall take effect January 1, 2014.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus