NY State Senate Bill 2013-S3964

Senate Bill S3964

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to consumer protection
Mar 01, 2013	referred to consumer protection

2013-S3964 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§770 & 773, add §771-b, Gen Bus L; add Art 27 Title 29 §§27-2901 - 27-2903, En Con L

2013-S3964 (ACTIVE) - Summary

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.

2013-S3964 (ACTIVE) - Sponsor 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.

2013-S3964 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3964

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04352-01-3

S. 3964                             2

  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.

S. 3964                             3

  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 is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.