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Bill

S 10168

Enacts the "extended producer responsibility for artificial turf act of 2026"

2025 Regular Session Introduced by Pat Fahy and 1 co-sponsor

The bill shifts carpet and artificial turf end-of-life management to a producer-funded, state-run recycling/reuse program with phased targets and penalties.

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Bill Summary · S 10168

Summary of S.10168-A (Extended Producer Responsibility for Artificial Turf Act of 2026)

Purpose and intent

  • Establishes an extended producer responsibility (EPR) framework for carpet and artificial turf in New York. The act requires producers, often through a representative organization, to finance and operate a state-wide collection, recycling, and reuse program for discarded carpet and artificial turf, with the goal of increasing recycling rates and reducing improper disposal.

Key provisions and changes

  • Definitions and scope (Section 3):

    • Expands the title to cover “Extended Producer Responsibility for Carpet and Artificial Turf.”
    • Defines terms including artificial turf, carpet, collection program, consumer, discarded carpet/turf, recycling, and producer (including brand owners and importers with US presence).

  • Producer responsibility and plan requirements (Section 4, § 27-3303):

    • Producers (or their representative organizations) must submit a plan to the NY Department of Environmental Conservation (DEC) by December 31, 2025, detailing:
    • List of participating producers/brands.
    • Materials covered and collection, transport, recycling, and processing methods.
    • Consumer access and convenience standards for collection (in-state, free of charge).
    • Education and outreach strategies (website, toll-free number, information at point of sale).
    • Methods to reuse/recycle, manage non-recyclables, and meet annual goals.
    • Specific recycling rate targets (see below) and progress milestones.
    • Incentives for retailer participation and engagement of municipalities.
    • Data sources and methods to estimate annual discarded quantities.
    • Provisions for artificial turf compliance and other information as required.

  • Program implementation and costs (Section 5):

    • Beginning July 1, 2026, producers must implement the collection program.
    • Producers must cover all program costs, plus department administration and enforcement costs (excluding fines/penalties).

  • Retailer requirements and participation (Section 6):

    • Beginning July 1, 2026, retailers may not sell carpet or artificial turf unless the producer is participating in an approved program.
    • Retailers can volunteer as designated collection sites.

  • Performance goals and penalties (Section 7):

    • Sets staged recycling rate targets (carpet and artificial turf excluding infill; with certain infill targets):
    • 30% recycling (10% closed-loop) within 5 years.
    • 50% recycling (20% closed-loop) within 10 years.
    • 75% recycling (40% closed-loop) within 15 years.
    • Infill targets: 40% by 5 years, 60% by 10 years, 80% by 15 years (with flexibility for composting/reuse for organic infill).
    • Starting four years after plan approval, the DEC may impose a penalty of 25 cents per additional pound that would have needed to be recycled to meet goals. Penalties go to the Environmental Protection Fund.

  • Advisory board (Section 8):

    • Establishes the Carpet and Artificial Turf Stewardship Advisory Board within DEC to advise on producer plans. Includes representatives from producers, retailers, recyclers, collectors, a product-use company, and installers.

  • Labeling and PFAS ban (Section 9):

    • Requires labeling showing producer and material composition/design.
    • Prohibits PFAS in carpet or artificial turf sold in New York after December 31, 2026.

  • Post-consumer content and other standards (Sections 10-11):

    • Establishes minimum post-consumer content requirements for carpet and artificial turf manufacturing.
    • Limits on antitrust/competition claims related to the program to protect implementation efforts (with certain exceptions).

Who and what is affected

  • Producers/brands that manufacture or import carpet and artificial turf sold in New York.
  • Representative organizations acting on behalf of producers.
  • Retailers selling carpet or artificial turf in the state.
  • Collectors, recyclers, and installers participating in the program.
  • Municipalities and landfill/transfer station operators involved in disposal or diversion efforts.
  • Consumers who purchase and dispose of carpet or turf in New York.

Timelines and procedural aspects

  • Plan submission deadline: December 31, 2025.
  • Program implementation: July 1, 2026.
  • Labeling and PFAS prohibitions take effect: December 31, 2026 (PFAS ban).
  • Recycling targets accrue over 5, 10, and 15-year milestones from plan approval.
  • Penalty enforcement begins four years after plan approval.

Overall impact

The bill shifts end-of-life management of carpet and artificial turf from municipalities to an producer-funded, state-regulated system designed to boost recycling and reuse, improve consumer convenience, and reduce PFAS use. It imposes reporting, governance, and accountability mechanisms, with a clear roadmap of performance goals and penalties tied to progress.

Compiled from official sources — confirm details with the bill’s official record.

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