Environmental Laws Affecting Flooring: Carpet & AB 2398 at Surfaces 2011

Environmental Laws That Affect Flooring - Carpet and California’s AB 2398 Product Stewardship Program

~ Carpet America Recovery Effort’s Frank Hurd Explains what manufacturers, retailers need to know to comply

At the Surfaces 2011 Floor Covering Event and Trade Show held Jan 25-27 in Las Vegas, Nevada,  Frank Hurd, Carpet and Rug Institute vice-president and Carpet America Recovery Effort (CARE) board chair, spoke at an education session, entitled, Environmental Laws That Impact Your Business.

Mr. Hurd appeared as part of a panel discussion that included representatives from the hardwood and resilient flooring industries. He spoke on a number of carpet-related topics, including California’s recently-passed AB 2398 Carpet Stewardship Program. Under AB 2398, manufacturers and importers who ship carpet for sale in California must institute a 5-cents/sq. yd. surcharge beginning July 1, 2011. The money will be used to incentivize the recycling of post-consumer carpet (PCC) and the development of products that contain material derived from PCC.

Here are the main points of Mr. Hurd’s presentation:

1. California’s AB 2398 Carpet Stewardship Program is a reality.

2. The 5-cent per square yard fee must be visible on invoices all through the supply chain, from manufacturer to distributor, retailer, etc.

3. CARE is the stewardship organization for the carpet industry. Manufacturers may submit their own stewardship plan to CalRecycle, the state office that will oversee the operations of AB 2398, or they may participate in the stewardship plan CARE is developing for multiple manufacturers and importers.

4. Additional states are following California’s lead on product stewardship legislation for carpet. Washington and Illinois, for example, have submitted bills or indicated they are contemplating similar legislation.

5. AB 2398 is the first time a state has moved to regulate the disposal of a non-hazardous material, i.e., carpet versus electronic equipment, mercury switches, etc.

6. It is estimated that AB 2398 will generate $5 million per year.

7. AB 2398 requires specific language be visible on all sales invoices. CARE is in the process of developing the verbiage, as well as education materials to help disseminate information as necessary.

8. Retailers will pay the money generated through the implementation of AB 2398 through the same channels as before – to their suppliers. Retailers will not make additional payments to any new source. “Retailers will not have to make a separate payment to the state, because AB 2398 Carpet Stewardship Program will not be run by the state, it will be run by the carpet industry,” Mr. Hurd said.

9. Compliant and non-compliant manufacturers will be listed on CalRecycle’s website. Under the law, CalRecycle may impose significant fines on manufacturers who do not comply with the law, as well as on retailers who purchase carpet from non-compliant manufacturers.

Here is a 6 minute video clip of Frank discussing environmental laws affecting flooring and specifically carpet and California AB 2398 during the Surfaces education session. Note that you will need to raise the volume on your audio.

To access the video clip directly from YouTube, click on this link.


Thank you, Frank

Here are other posts that address carpet recycling and California AB 2398:

CARE's Georgina Sikorski on Complying With California AB 2398

CARE Webinar: AB 2398 California Carpet Recycling

Earth Day, Carpet Recycling and California

~Bethany