AB 8492, a bill to establish carpet stewardship, was introduced into the New York State Assembly and referred to committee in June 2011; it was reintroduced at the start of the 2012 session. The law would require that, by July 1, 2012, carpet manufacturers begin collecting and recycling carpet at their own cost through their wholesalers, retailers, and installers.

By April 1, 2013, manufacturers would be required to submit a stewardship plan (to be updated at a minimum of every five years) and pay a registration fee of $10,000 to the New York State Department of Environmental Conservation (DEC), to be used to oversee the implementation and enforce the law. Manufacturers would also be required to develop educational materials to “encourage the collection, recycling, and reuse of discarded carpet” and provide those materials to wholesalers, retailers, installers, and consumers. By May 1 of each year, manufacturers or carpet stewardship organizations would be required to submit an annual report to the DEC describing activities related to implementing the carpet stewardship plan, as well as pay an annual administrative processing fee of $5000. Also, wholesalers, retailers, and installers of carpet would be required to communicate in writing to the manufacturer, on a monthly basis, the weight of discarded carpet that has been collected by such wholesaler, retailer or installer for recycling or reuse.

In 2014-2015, each manufacturer would be required to recycle 25% of the total weight of carpet it sold in New York state in that year, increasing incrementally to 95% or more by 2022. Those manufacturers who do not meet recycling goals would have to pay a surchage, of fifteen cents per pound of discarded carpet that should have been recycled, to the Department of Environmental Conservation. Beginning in 2015, if a manufacturer were to exceed the required recycling goals, the manufacturer would be able to sell, trade, or bank the excess recycled carpet credits. There are penalties for non-compliance or violations and consumers who have been denied collection of discarded carpet would be able to file a report with the DEC who may assess an administrative civil penalty on the manufacturer, retailer, wholesaler, or installer responsible. The bill would also allow for the creation of a “carpet stewardship program support unit” within Empire State Development’s Environmental Services Unit to assist manufacturers or carpet stewardship organizations in the creation and development of carpet recycling infrastructure in the state as well as markets for recycled products and materials. In addition, the DEC, the carpet stewardship program support unit, the carpet stewardship organization and manufacturers would launch statewide coordinated information campaigns about the mandatory collection and recycling or reuse of discarded carpet, at the manufacturers’ costs.