BILL NUMBER: SB 1118	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  APRIL 25, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Hancock

                        FEBRUARY 17, 2012

   An act to add Chapter 21 (commencing with Section 42985) to Part 3
of Division 30 of the Public Resources Code, relating to solid
waste.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1118, as amended, Hancock. Solid waste: used mattresses.
   Existing law requires a retailer of various specified products,
such as rechargeable batteries and cell phones, sold in the state to
have in place a system for the acceptance and collection of those
products for reuse, recycling, or proper disposal.
   This bill would require manufacturers of mattresses, on and after
July 1, 2013, to establish and implement a program to collect and
recycle used mattresses from consumers, as specified. The bill would
also require a retailer, on and after July 1, 2013, in coordination
with a manufacturer, to provide or arrange for the pickup of a used
mattress from a consumer purchasing a new mattress. The bill would
authorize the manufacturer, in lieu of establishing the program, to
remit, on a  voluntarily   voluntary 
basis, to the Department of Resources Recycling and Recovery a 
mattress recovery and recycling  payment  of $25
 for each mattress sold in the state.  The department
would be required to establish the mattress recovery and recycling
payment at an amount that is sufficient for, but does not exceed, the
department's costs of implementing a program to facilitate the
recovery and recycling of used mattresses.  The bill would
require the moneys remitted to be deposited in the Mattress Recovery
and Recycling Account, which the bill would establish in the
Integrated Waste Management Fund. The bill would require moneys in
the account, upon appropriation by the Legislature, to be expended by
the department to implement a   that 
program  to facilitate the recovery and recycling of used
mattresses  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 21 (commencing with Section 42985) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 21.  USED MATTRESSES


   42985.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) (1) "Manufacturer" means a person who manufactures or
renovates a mattress that is sold, offered for sale, or distributed
in the state under that person's own name or brand.
   (2) Manufacturer includes either of the following:
   (A) The owner of a trademark or brand under which a mattress is
sold, offered for sale, or distributed in this state, whether or not
the trademark or brand is registered in this state.
   (B) A person who imports a mattress into the United States that is
sold or offered for sale in the state and that is manufactured or
renovated by a person who does not have a presence in the United
States.
   (b) "Mattress" means a large thick pad filled with resilient
material, including a pad incorporating coiled springs, used as a bed
or part of a bed, including, but not limited to, an inner spring
mattress, a foam mattress, and a box spring and mattress used in
conjunction with a futon frame.
   (c) "Recycling" means a process by which discarded products,
components, and byproducts are transformed into new, usable, or
marketable materials in a manner in which the original products may
lose their identity but does not include energy recovery or energy
generation by means of combusting discarded products, components, and
byproducts.
   (d) "Retailer" means a person who sells mattresses in the state or
offers to consumers mattresses in the state through any means,
including, but not limited to, by remote offering such as sales
outlets, catalogs, or offering through the Internet.
   (e) "Used mattress" means a mattress that is no longer wanted by
its owner and is discarded or is intended to be discarded.
   42985.1.  (a) Except as provided in Section 42985.2, on and after
July 1, 2013, a manufacturer shall establish and implement a program
to do all of the following:
   (1) Provide and arrange for the pickup of used mattresses bearing
the manufacturer's brand name from a person and, except as provided
in subdivision (c), at no cost to that consumer.
   (2) Provide and arrange for the pickup of used mattresses at the
request of a public agency at no cost to the public agency.
   (3) Ensure that the used mattresses are recycled to the maximum
extent feasible.
   (b) On and after July 1, 2013, a retailer, in coordination with a
manufacturer, shall provide or arrange for the pickup of a used
mattress from a consumer purchasing a new mattress.
   (c) A manufacturer or retailer may recover its costs of
implementing the program established pursuant to subdivision (a) by
incorporating a charge into the purchase price of the mattress.
   42985.2.  (a)  (1)    In lieu of establishing
and implementing a program pursuant to Section 42985.1, a
manufacturer of a mattress may voluntarily remit to the department a
mattress recovery and recycling payment  of twenty-five
dollars ($25)  for each mattress sold by the manufacturer in
the state. 
   (2) The department shall establish the mattress recovery and
recycling payment at an amount that is sufficient for, but does not
exceed, the department's costs of implementing the recovery and
recycling program specified in subdivision (b). 
   (b) Moneys collected pursuant to subdivision (a) shall be
deposited into the Mattress Recovery and Recycling Account, which is
hereby established in the Integrated Waste Management Fund. Upon
appropriation by the Legislature, moneys in the account shall be
expended by the department to implement a program to facilitate the
recovery and recycling of used mattresses.