What Carpet Retailers and Dealers Need to Know about California's AB 2398 Carpet Recycling Program: Carpet America Recovery Effort's Georgina Sikorski Provides Details
As many of you know, in February of 2010, California Assembly Member John Perez (now Speaker of the Assembly) introduced legislation to increase the landfill diversion and recycling of post-consumer carpet generated in California. The original legislation was not acceptable to the carpet industry. Legislators, legislative staff, entrepreneurs, representatives from non-governmental organizations and the carpet industry all worked together to improve the legislation. In all, the bill was amended six times and the final version was signed into law by the Governor of California on September 30, 2010.California AB 2398 Overview
What is AB 2398?
California AB 2398 is Carpet Stewardship legislation, signed by the governor of California, on September 30, 2010. The purpose of the legislation is to increase the diversion and recycling of carpet in the state of California.
What are the specific goals of the Carpet Stewardship program?
The goals of the program are to incentivize:
- recycling postconsumer carpet,
- diverting postconsumer carpets from landfills,
- recyclability of carpets, and
- market growth of secondary products made from postconsumer carpet.
AB 2398 Carpet Dealer and Retailer Information
The AB 2398 bill requires a manufacturer of carpet to add a Carpet Stewardship Assessment of $0.05 per square yard upon the purchase price of all carpet sold and/or distributed in the state by that manufacturer- how will this be collected and disbursed?
The $0.05 per square yard will be collected as a non-taxed item on the invoice throughout the sales and distribution chain.Will the Carpet Stewardship Assessment of $0.05/square yard cover ALL of the costs to recycle carpet in the State of California?
No, the Carpet Stewardship Assessment will NOT cover the costs of carpet recycling. The Carpet Stewardship Assessment is an incentive to be used by the members of the carpet recycling industry. The incentive may be used by the recyclers to invest in new, innovative technologies, new product development or market introductions that will further the achievement of the goals set out in AB 2398.
Who will pay for carpet recycling in California?
Carpet recycling is a business that has been in California for more than ten years and has been managed in a market-based fashion. As with any market based activity, the retailer must pass on the costs to consumers.
How will the carpet dealer or retailer invoice the customer?
The carpet dealer or retailer must include the Carpet Stewardship Assessment as an after-tax line item on the invoice. A flyer explaining the Carpet Stewardship fee will be available for retailers to give to their customers.
To whom does the carpet retailer send the Carpet Stewardship Assessment fees?
The carpet manufacturer will include the fee when it invoices the retailer.
Who will educate the consumer about this program?
The carpet manufacturers and CARE will provide information to the dealers and retailers to help educate the consumers about the Carpet Stewardship Assessment. In addition, consumer information will be available on the websites of the carpet manufacturers, CARE and CalRecycle. These educational materials will be available prior to the beginning of the assessment.
What happens if a business (i.e., carpet manufacturer, distributor, wholesaler, dealer, retailer etc) does not comply with AB 2398?
A civil penalty up to the following amounts may be administratively imposed by the department (the California Department of Resources, Recycling and Recovery (CalRecycle)) on any person who is in violation of any provision of AB 2398:
(1) One thousand dollars ($1,000) per day.
(2) Ten thousand dollars ($10,000) per day if the violation is intentional, knowing, or negligent.
The department or the court will assess or review the amount of a civil penalty imposed.
How do wholesalers, retailers and other interested parties ensure that carpet manufacturers are in compliance with AB 2398?
CalRecycle shall post a notice on its website, www.calrecycle.ca.gov, listing manufacturers that are in compliance with AB 2398. The wholesaler and retailer that distributes or sells carpet shall monitor the list on the CalRecycle website.
What do I do if my carpet manufacturer is not listed on the CalRecycle website?
Please contact CalRecycle or CARE if you do not see your carpet manufacturer on the list.
Other Important AB 2398 Information
How many jobs will be added because of the AB 2398 legislation?We cannot predict how many jobs will be added, however, we expect growth in carpet recycling as a result of the legislation. And, as part of the program, CARE will be providing an Annual Report to the state that will include the number of jobs in California involved in recycling.
When will the Carpet Stewardship Assessment begin?
July 1, 2011
Where can I get a copy of AB 2398?
A copy of AB 2398 is available at this link: http://info.sen.ca.gov/pub/09-10/bill/asm/ab_2351-2400/ab_2398_bill_20100930_chaptered.pdf.
Where can I get more information or answers to other questions I may have about AB 2398 and the Carpet Stewardship Assessment?
Please contact your carpet manufacturer or distributor, or you may find additional information on CARE's website or on CalRecycle's website.
How do I find a carpet recycler in California?
Please go to http://www.carpetrecovery.org/ and click on the US map on the homepage. From there, you can go to the map of California and find detailed information on carpet recyclers for the state.
Nice Article. Now I know the meaning of AB 2398. So much for that, I also read an article regarding recycling carpets and turned them into oil. That was also a nice article though.
So, this legislation is not taking its effect yet since you mentioned that the stewardship assessment will begin in July 1, 2011, right?
Anyway, a lot of people are now talking about this. Hope this will bring something useful not only to the government state of California but also to the people who are living in such state.
Just quick question: Is this a universal legislation and applicable to all states in America?