Carpet

by Rachel Lincoln Sarnoff, Marketing and Communications Director

2023 legislative sessions are now underway and many extended producer responsibility (EPR) bills were first out of the gate! There is an unprecedented momentum for these bills. Both Connecticut Governor Ned Lamont and New York Governor Kathy Hochul have indicated their backing, representing an unprecedented level of support for the passage of packaging EPR legislation in these states.  

During legislative session, we monitor activity on bills requiring new EPR programs or amending existing EPR laws in the United States; this information is shared with our Members and Partners through emailed Legislative Updates and is also available to them in our Legislation Library. At press time, these are the bills that had been introduced: 

• Battery EPR in New York and Washington; on January 17th, the District of Columbia enacted their Batteries and Electronics amendment. Our model EPR legislation informed the first EPR law for all single-use household batteries, enacted in Vermont, as well as battery bills introduced in states across the country from 2015 to 2020, and, in 2021, the first battery EPR law for single-use and rechargeable batteries, as well as battery-containing products, which was enacted in Washington, D.C. Learn more about our perspective on battery EPR by clicking here. 
• Household hazardous waste (HHW) EPR in Vermont. Although no HHW EPR program currently exists in the United States, they have operated successfully in Canada since the 1990s: In Manitoba, collection volumes increased four-fold in the first five years of program implementation. PSI’s research fueled the introduction of HHW EPR bills in both Oregon and Vermont. Learn more about our perspective on HHW EPR by clicking here.
• Packaging EPR in Maryland, New York, Washington, and New Jersey (originally introduced in 2022 and still active). In 2016, we developed our model packaging EPR legislation, then updated it in 2019 with input from industry and government. Maine and Oregon used our model to enact packaging EPR laws in 2021, Colorado followed suit in 2022 and, that same year, California also enacted legislation that was informed by our model. Learn more about our perspective on packaging EPR by clicking here.
• Paint EPR in Missouri, which, if passed, would be the state’s first EPR law. Beginning in 2003, PSI convened and facilitated a multi-stakeholder dialogue that included participation and support from the paint industry, state and local governments, the U.S. Environmental Protection Agency (EPA), and recycled paint manufacturers to develop a consensus model for paint EPR legislation. In 2009, Oregon used our model to enact the country’s first paint EPR law; since then, we have helped pass paint EPR legislation built on the same model. Today, there are paint EPR laws in 10 states and the District of Columbia. Learn more about our perspective on paint EPR by clicking here.
• Mercury-containing lighting EPR in Washington. In 2007, PSI initiated a dialogue on fluorescent lighting that resulted in a national action plan on lamp recycling and contributed to the enactment of EPR laws in five states; we also partnered with rural governments in 13 other states to boost collection of lamps and other mercury-containing products. Learn more about our perspective on lighting EPR by clicking here. 
• Pharmaceuticals law EPR amendment in Oregon. In 2010, PSI led a national coalition to pass the Secure and Responsible Drug Disposal Act and change related regulations that made it possible for retail pharmacies to host drug take-back programs for unwanted medicines, including controlled substances. That year, we developed model pharmaceuticals EPR legislation with our national coalition; by 2012, PSI Member Alameda County had used our model to establish the first pharmaceuticals EPR ordinance in the country, which was upheld by the courts despite industry appeals. Since then, our work has helped pass pharmaceuticals EPR laws in eight states and 23 local jurisdictions. Learn more about our perspective on pharmaceuticals EPR by clicking here. 
• Refrigerant-containing appliances EPR in Washington. In 2014, PSI provided research and policy analysis to New York City, which passed the first-ever law to safely manage refrigerant-containing appliances; since its passage, manufacturers collected more than 90,000 products and saved the city more than $1.3 million. PSI also helped defend New York City’s law against a legal challenge from the Association of Home Appliance Manufacturers, and we contributed to the hydrofluorocarbons emissions reduction law enacted by Washington State in 2021. Learn more about our perspective on refrigerant-containing appliance EPR by clicking here. 
• Solar panel EPR in Minnesota. Washington state passed the first state solar panels EPR law in 2017. In 2021, PSI helped develop the solar panels EPR law enacted by Niagara County, New York – the first such local law in the country. Learn more about our perspective on solar panel EPR by clicking here. 

We also expect to see introductions of additional battery, carpet, electronics, mattress, packaging, paint, and pharmaceuticals EPR bills and amendments in additional states. We appreciate the leadership of legislators and stakeholders who are leading the charge, and look forward to celebrating with our community when these bills become law. 

by Suna Bayrakal, PhD
Director, Policy and Programs 

After Governor Hochul signed the legislation last week, New York became the second state after California to enact a carpet EPR law – and the first in the nation to include artificial turf. PSI was cited by NRDC and others as playing a significant role in advancing the legislation. “The enactment of New York’s carpet EPR bill benefited from two decades of advocacy from experts across the country, including those from state and local governments, environmental groups, and carpet recyclers,” said Scott Cassel, PSI’s CEO and founder. “This next-generation carpet EPR law is yet another indication that the overwhelming public sentiment is for producers to take responsibility to prevent negative impacts from their products and packaging all through their lifecycle.”  

Spearheaded by Senator Brian Kavanagh and outgoing Assemblymember Steve Englebright, the bill passed both the Senate and Assembly in May and was expected to be signed quickly by Governor Kathy Hochul. Enactment was delayed in part by controversy over a proposed insertion of language that would have expanded the definition of “recycling” to include “chemical recycling” technologies such as pyrolysis, which many organizations, including PSI, consider energy recovery as it. The additional language was not included in the law. 

Although the national average for carpet recycling is 5%, the rate in New York is just 1% — each year, the state sends 515 million pounds of unused or discarded carpet to fill up New York landfills or be burned in waste-to-energy plants. Local governments and businesses spend more than $22 million annually to dispose of it. 

The New York carpet EPR law is a significant upgrade to the nation’s first carpet EPR law, enacted in 2010 in California, which was heavily promoted by the carpet industry. The New York law establishes mandatory goals for recycling and post-consumer content in new carpet, convenient collection statewide, education and awareness, and the phase out of per- and polyfluoroalkyl substances (PFAS) from new carpet production. It will also establish a multi-stakeholder advisory board to advise producers and the state, which oversees the program. Requiring carpet producers to finance and manage the collection and recycling of scrap carpet removes the financial burden of managing this bulky material from local governments and taxpayers and will reduce the energy needed to make new carpet, lowering greenhouse gas emissions and saving valuable natural resources. 

The bill will also help create permanent full-time recycling jobs. Since the enactment of California’s law and two subsequent amendments, the state has created 500 direct and indirect jobs and, in 2021, achieved an annual carpet recycling rate of 27%. Projections show that New York could achieve those same goals in fewer than five years, decreasing greenhouse gas emissions by 165,000 tons per year, which is equivalent to taking 32,000 cars off the road.