A 2103: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 2103 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04801-01-5 
 A. 2103 2 1 3. In approving or rejecting a proposed plan or plan amendment pursu- 2 ant to section 27-3309 of this title, the department may consider, in 3 consultation with the office of the attorney general, whether such plan 4 or plan amendment would unduly restrain trade. 5 § 3. This act shall take effect immediately.