New York state recently approved carpet extended producer responsibility legislation, S05027-C/A09279A, that requires carpet manufacturers to establish programs for the collection and recycling of discarded and unused carpeting.
Beginning in January 2026, carpet sales in New York state will be prohibited unless the manufacturer participates in an approved industry-wide plan for recycling, or has established their own program for carpet collection, that is approved by the State Department of Environmental Conservation. The new legislation will lead to a reliable mechanism for consumers to recycle their carpet waste and ensures that instead of going into landfill, this material will be recycled safely and easily into new carpets and other products.
Definition of ‘carpet’ under the Bill A09279A:
- Used in commercial buildings or single or multifamily residential buildings.
- Affixed or placed on the floor or building walking surface as a decorative or functional building interior or exterior feature.
- Primarily constructed of a top surface of synthetic or natural face fibers or yarns or tufts attached to a backing system made of synthetic or natural materials.
‘Carpet’ includes, but is not limited to, a commercial or residential broadloom carpet, modular carpet tiles, artificial turf, a pad or underlayment used in conjunction with a carpet. ‘Carpet’ does not include handmade rugs, area rugs or mats.
The new legislation establishes mandatory goals for recycling and post-consumer content in new carpet, convenient collection statewide, education and awareness. No carpet sold or offered for sale in the state shall contain or be treated with per- and polyfluoroalkyl (PFAS) substances for any purpose. The ban on PFAS substances in carpeting sold in New York state will be effective beginning January 2025.
The legislation sets carpet recycling performance goals for the industry to achieve over time. The first goal is for a 30 percent of carpet recycling rate in five years, with at least 10 percent of the recovered materials being used as recycled content for new carpets. The final goal is a 75 percent carpet recycling rate in 15 years, with at least 40 percent of recovered materials being used as recycled content for new carpets.
According to the bill, one year after the plan is approved by the department, carpet sold or offered for sale in New York state must be accompanied by the following identifying information:
- Name of the producer and contact information.
- Carpet material, composition and type of construction.
Any producer who violates the provision will be liable for a civil penalty of USD 500 for each violation and an additional penalty of no more than USD 500 for each day the violation continues.
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