NY S09779

Amends the environmental conservation law to add a new section providing liability protections for producers, representative organizations, and retailers participating in department-approved carpet collection programs.

Shields participants from antitrust, restraint of trade, and unfair trade practice claims when actions are taken solely to increase carpet collection and recycling and affect types, quantities, costs, or structure of the collection program.

Excludes from liability protections any agreements that establish carpet prices, limit output or production, restrict geographic areas or customers, or unreasonably deny producers participation in a representative organization's plan under comparable terms.

Requires the department, in consultation with the attorney general, to consider whether proposed collection plans or amendments would unduly restrain trade when approving or rejecting them.

Takes effect on the same date as chapter 795 of the laws of 2022.