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New law requires carpet producers to take extended responsibilities

On December 30, Governor Hochul signed A.9279-A/S.5027-C, which establishes an Extended Producer Responsibility (EPR) program for carpeting by setting mandatory goals for carpet recycling; creating convenient collection locations, and phasing out harmful PFAS chemicals from new carpet production. California is currently the only other state with such a program. The bill was sponsored by Senator Brian Kavanagh and Assemblymember Steve Englebright.

Carpet is largely made of plastic from fossil fuels and it also contains a wide range of chemicals, used as adhesives and stain protectants, that, whether by affecting indoor air quality in homes or leaching into drinking water supplies, can be toxic to human health. It currently fills up New York landfills at the rate of 515 million pounds per year. Although the national average for carpet recycling is 5%, the rate in New York is 1%, and local governments and businesses spend in excess of $22 million annually to dispose of it.

Advocates say that by requiring carpet producers to take full responsibility for their products, New York is helping create a circular economy for durable products with permanent full-time carpet recycling jobs. Recovered carpet can be recycled into valuable materials for which there is already high demand, including PET, PP, and nylon materials. These, in turn, can be used in a range of products such as textiles, automotive parts, composite lumber, and new carpets.

This law also prohibits toxic per- and polyfluoroalkyl substances (PFAS “forever chemicals”), which are used on carpet as stain repellents. PFAS chemical exposure has been linked to developmental and reproductive disorders and cancer. Children are especially vulnerable to these effects as they spend more time on carpeted surfaces and engage in hand-to-mouth activities. The PFAS phase-out will also help eliminate the leaching of PFAS into the environment from landfills.
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