The Carpet Collection Program Law (law -- link leaves DEC's website), Article 27, Title 33 of the Environmental Conservation Law, will go into effect on December 28th, 2024. This critical extended producer responsibility law requires carpet producers to fund a convenient carpet collection program at no cost to NYS consumers, with program launch set for July 1st, 2026.
The law establishes increasing recycling rates for programs to achieve, phases out PFAS chemicals in the production of new carpet, requires new carpet be manufactured with increasing percentages of post-consumer recycled material, as well as sets specific goals for closed-loop recycling that will lead to the development of a more circular economy for the carpet industry.
Carpet Covered by the Law
Carpet is a manufactured article used by consumers, attached or placed on the floor or walking surface as a decorative or functional feature, and is primarily made of a top surface of synthetic or natural fibers, yarns, or tufts attached to a backing system made of synthetic or natural materials. Carpet covered by this law includes, but is not limited to:
- Broadloom carpet
- Modular carpet tiles
- Artificial turf
- Pads or underlayment used in conjunction with carpet
The law does not cover: handmade rugs, area rugs, or mats.
A carpet producer or its representative organization must submit to the Department for approval a carpet collection program plan addressing the various requirements set forth in the law. On and after July 1, 2026, a producer may not offer for sale carpet in the state unless it is participating under an approved program plan. Producers are responsible for all costs associated with the implementation of their carpet collection programs. A producer or its representative organization must also provide an outreach and education program to inform consumers, carpet installers and others engaged in the management of discarded carpet of their opportunities available through the approved program. Carpet producers must comply with applicable labeling and design requirements as well.
A producer or its representative organization is also responsible for submitting annual reports detailing prior program year results and compliance with minimum performance metrics (i.e., minimum post-consumer recycled content, recycling, and closed-loop recycling rates) as set in statute:
- One year after the original program plan is approved by the Department:
- all carpet sold shall be manufactured with at least 10% post-consumer recycled content
- Five years after the original program plan is approved by the Department:
- All carpet sold shall be manufactured with at least 20% post-consumer recycled content
- Producers shall achieve a 30% recycling rate, of which 10% shall be closed loop
- 10 years after the original program plan is approved by the Department:
- All carpet sold shall be manufactured with at least 30% post-consumer recycled content
- Producers shall achieve a 50% recycling rate, of which 20% shall be closed loop
- 15 years after the original program plan is approved by the Department:
- Producers shall achieve a 75% recycling rate, of which 40% shall be closed loop
A producer will be liable for surcharge penalties of $.25 per pound if recycling rate minimums are not achieved. Please review the law for a comprehensive list of requirements applicable to a carpet producer and its representative organization.
Retailers may not sell or offer for sale carpet in the state unless the producer of the carpet is participating in a carpet collection program. Retailers may also voluntarily participate as a designated collection site in a carpet collection program. Please review the law for a comprehensive list of requirements applicable to carpet retailers.
- December 28, 2024 - Law goes into effect
- January 1, 2025 - Advisory board to be established within the Department to make recommendations regarding program plans
- December 31, 2025 - Producers and representative organization(s) must submit carpet collection program plans to the Department for approval
- Any new carpet producers after this date must submit a plan before selling carpet
- Plans are accepted or rejected within 90 days
- July 1, 2026 - Implementation of carpet collection program(s)
- Producers cannot sell carpet into the state unless participating in a collection program
- Retailers may not sell carpet unless the producer of the carpet is participating in a carpet collection program
- December 31, 2026 - No carpet offered for sale shall contain or be treated with PFAS substances
- July 1, 2027 - first program annual reports are due to the Department
This webpage will be updated frequently as program implementation progresses.