Bill Text: NY S09779 | 2023-2024 | General Assembly | Introduced

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Bill Title: Limits liability of producers, representative organizations and retailers for antitrust, restraint of trade, or unfair trade practices arising from actions undertaken in accordance with a carpet collection program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-30 - REFERRED TO ENVIRONMENTAL CONSERVATION [S09779 Detail]

Download: New_York-2023-S09779-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9779

                    IN SENATE

                                      May 30, 2024
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          extended producer responsibility for carpet

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The title heading of title 33 of article 27 of the environ-
     2  mental conservation law, as added by chapter 795 of the laws of 2022, is
     3  amended to read as follows:
     4                     EXTENDED PRODUCER RESPONSIBILITY FOR
     5                         CARPET [COLLECTION PROGRAM]
     6    § 2. Section 27-3319 of the environmental conservation law  is  renum-
     7  bered  section  27-3321  and   a new section 27-3319 is added to read as
     8  follows:
     9  § 27-3319. Limits on liability for antitrust,  restraint  of  trade,  or
    10               unfair trade practices.
    11    1.  A  producer, representative organization, or retailer shall not be
    12  liable for any claim of a violation of antitrust, restraint of trade, or
    13  unfair trade practice laws  arising  from    an  action  undertaken,  in
    14  accordance  with a collection program approved by the department, solely
    15  to increase the collection and recycling of carpet,  which  affects  the
    16  types and quantities being collected and recycled or the cost and struc-
    17  ture of such collection program that the producer, representative organ-
    18  ization, or retailer is participating in pursuant to this title.
    19    2.  Provided, however, subdivision one of this section shall not apply
    20  to any agreement establishing the price of carpet, limiting  the  output
    21  or production of carpet, restricting the geographic area or customers to
    22  which carpet will be sold, or unreasonably denying a producer the oppor-
    23  tunity  to  participate  in a representative organization's plan for the
    24  purpose of complying with the provisions  of  this  title,  under  terms
    25  comparable to those that apply to other participating producers.
    26    3.  In approving or rejecting a proposed plan or plan amendment pursu-
    27  ant to section 27-3309 of this title, the department  may  consider,  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15706-02-4
        S. 9779                             2

     1  consultation  with the office of the attorney general, whether such plan
     2  or plan amendment would unduly restrain trade.
     3    §  3.  This  act  shall  take  effect on the same date and in the same
     4  manner as chapter 795 of the laws of 2022, as amended, takes effect.