New York Senate Bill S02097

New York 2025-2026 Regular Session

• Introduced: 1/15/25
• Refer: 1/15/25
• Engrossed: 4/2/25
• Refer: 4/2/25
• Engrossed: 6/11/25
• Refer: 6/11/25
• Engrossed: 6/17/25

Caption

Limits liability of producers, representative organizations and retailers for antitrust, restraint of trade, or unfair trade practices arising from the performance of an action required to be undertaken under certain law or a producer plan.

Impact

If enacted, this bill would significantly affect how the carpet industry in New York manages its waste. By shifting some liability concerns off producers, the bill encourages them to develop more effective collection and recycling programs without the fear of legal repercussions based on competition laws. This could lead to improved environmental outcomes as it makes recycling carpets more economically viable, thus potentially increasing the quantities of carpet waste that can be collected and recycled and reducing the amount sent to landfills.

Summary

S02097, also known as the Carpet Producer Responsibility Act, aims to amend the Environmental Conservation Law in New York to facilitate better recycling and collection processes for carpets. The bill introduces provisions that limit the liability of producers, representative organizations, and retailers regarding antitrust, restraint of trade, or unfair trade practices, provided their actions are in line with an approved producer plan for carpet. This legislative move is intended to enhance the environmental stewardship of carpet producers and promote more sustainable waste management practices.

Contention

Despite the positive outlook regarding sustainability, S02097 has faced discussions around the ethics of limiting liability in circumstances potentially impacting market dynamics. Critics argue that while the intentions are sound, the provisions may inadvertently pave the way for anti-competitive practices under the guise of producer responsibility. The bill specifies that exemptions to liability will not apply to agreements that affect carpet pricing, signaling a potential area for contention among stakeholders concerned about market fairness.

Notable_points

The bill was advanced through the Senate with a unanimous vote, indicating strong legislative support, yet its implications are a matter of public interest as stakeholders in the carpet industry express varied views on the best path forward for environmental responsibility and fair market practices.