Amended in Senate May 28, 2013

Amended in Senate April 15, 2013

Amended in Senate April 1, 2013

Senate Bill No. 254

Introduced by Senators Hancock and Correa

begin insert

(Principal coauthor: Senator Calderon)

end insert begin insert

(Coauthor: Senator Corbett)

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February 13, 2013

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 254, as amended, Hancock. Solid waste: used mattresses: recycling and recovery.

Existing law requires a retailer of various specified products, such as rechargeable batteries and cellular telephones, 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 establish the Used Mattress Recovery and Recycling Act. The bill would authorize a qualified industry association, as defined, to establish a mattress recycling organization, as defined, and be certified by the Department of Resources Recycling and Recovery to develop, implement, and administer a mattress recycling program on or before July 1, 2014. The bill would require manufacturers and retailers of mattresses to register with the mattress recycling organization on or before January 1, 2015.

This bill would prohibit, on and after January 1, 2015, the manufacturer or retailer from, among other things, manufacturing or selling a mattress in this state under circumstances of noncompliance with the bill’s requirements. The act would require the retailer, by July 1, 2014, to give a consumer the option to have a used mattress picked up, at no additional cost, at the time a new mattress is delivered begin insert or be provided with end insert begin insert an opportunity for free drop off of the used mattress end insert .

This bill would require the mattress recycling organization, by April 1, 2015, to develop a state plan for recycling used mattresses in the state that includes specified goals and elements and to submit the plan to the department, as specified. begin insert The plan would be required to include, among other things, providing a mechanism to local governments and solid waste facilities to recover illegally disposed mattresses that is funded, as specified, and reimbursing solid waste facilities for certain costs. end insert The bill would require the organization, by July 1, 2015, to annually prepare and approve a proposed program plan budget for the next calendar year and to submit the approved budget to the department, as specified. The bill would require the department to notify the organization of the department’s direct costs in implementing the act and the organization would be required to reimburse the department for those begin insert direct end insert costs. The bill would require the department to deposit these amounts submitted by the organization into the Used Mattress Recycling Account, which the bill would establish in the Integrated Waste Management Fund. The bill would require the department to expend the moneys in the account, upon appropriation by the Legislature, to administer and enforce the act.

This bill would require the organization to annually set the amount of a state mattress recycling charge that would be added to the purchase price of a mattress, and would require a manufacturer, retailer, wholesaler, distributor, or other party that sells a mattress to add the charge to the purchase price for the mattress and remit the charge collected to the organization. begin delete The bill would constitute a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII end delete begin delete   end delete begin delete A of the California Constitution, and thus would require for passage the approval of end delete begin delete 2⁄3 end delete begin delete of the membership of each house of the Legislature. end delete

This bill would authorize the department to impose an administrative civil penalty on a manufacturer or retailer who sells a mattress in violation of the act. The bill would require the department to deposit these penalties into the Mattress Recovery and Recycling Penalty Account, which the bill would create in the Integrated Waste Management Fund. The department would be authorized to expend the moneys in that account, upon appropriation by the Legislature, to implement the act.

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The bill would constitute a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2⁄3 of the membership of each house of the Legislature.

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Vote: ²⁄₃. 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 Mattress Recovery and Recycling Act

42985.  

The Legislature finds and declares both of the following:

(a) In order to reduce illegal dumping, increase recycling, and
substantially reduce public agency costs for the end-of-life
management of used mattresses, the Used Mattress Recovery and
Recycling Act is hereby established by this chapter to require
manufacturers begin delete and retailers end delete of mattresses sold in this state to
develop, finance, and implement a convenient and cost-effective
program to recover and recycle used mattresses generated in this
state.

(b)  begin delete Consistent with existing state policy, the end delete begin insert The end insert program
developed and implemented by manufacturers begin delete and retailers end delete of
mattresses sold in this state shall strive for the maximum feasible
level of recovery and recycling of used mattresses generated in
support of the statewide goal that at least 75 percent of all solid
waste be recycled by January 1, 2020.

42985.1.  

This chapter shall be known, and may be cited, as the
Used Mattress Recovery and Recycling Act.

 

Article 1.  Definitions

 

42986.  

(a) (1) “Consumer” means an owner of a mattress,
including a person, business, corporation, limited partnership,
nonprofit organization, or governmental entity, and including the
ultimate purchaser, owner, or lessee of a mattress.

(2) “Consumer” does not include a government organization or
other party that obtains one or more used mattresses in the course
of collecting used mattresses for recycling for purposes of this
chapter, or through the ordinary collection and handling of
municipal solid waste.

(b) “Distributor” means a company that has a contractual
relationship with one or more manufacturers to market and sell
mattresses to retailers.

(c) “Foundation” means a ticking-covered structure used to
support a mattress or sleep surface. The structure may include
constructed frames, foam, box springs, or other materials, used
alone or in combination.

(d) “Importer” means a party qualifying as an “importer of
record” for purposes of Section 1484(a)(2)(B) of Title 19 of the
United States Code, with regard to the import of a finished mattress
sold in the state that was manufactured or assembled by a company
outside the United States.

(e)  begin insert (1) end insert begin insert   end insert “Manufacturer” means any of the following:

begin delete

(1)

end delete

begin insert ( end insert begin insert A) end insert  The person who manufactures the covered product and who
sells, offers for sale, or distributes that product in the state.

begin delete

(2)

end delete

begin insert ( end insert begin insert B) end insert  If there is no person who is a manufacturer of the product
for purposes of begin delete paragraph (1) end delete begin insert subparagraph (A) end insert , the manufacturer
of the covered product is the person who imports the product into
the state for sale or distribution.

begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  A manufacturer begin delete includes end delete begin insert may include end insert a renovator.

begin insert

(3) A retailer that brings a mattress into its store locations from
an out-of-state warehouse or distribution center is not a
manufacturer.

end insert

(f) (1) “Mattress” means a resilient material or combination of
materials that is enclosed by a ticking, is used alone or in
combination with other products, and is intended for or promoted
for sleeping upon.

(2) “Mattress” includes a foundation and a renovated mattress
or renovated foundation.

(3) “Mattress” does not include the following:

(A) An unattached mattress pad or unattached mattress topper,
including items with resilient filling, with or without ticking,
intended to be used with or on top of a mattress.

(B) A sleeping bag or pillow.

(C) A car bed, crib, or bassinet mattress.

(D) Juvenile products, including a carriage, basket, dressing
table, stroller, playpen, infant carrier, lounge pad, or crib bumper,
and the pads for those juvenile products.

(E) A product containing liquid- and gaseous-filled ticking,
including a water bed and air mattress that does not contain
upholstery material between the ticking and the mattress core.

(F) Upholstered furniture that does not otherwise contain a
detachable mattress begin insert or that is a fold out sofa bed end insert begin insert or futon end insert .

(g) “Mattress recycling organization” or “organization” means
an organization exempt from taxation under Section 501(c)(3) or
Section 501(c)(6) of the Internal Revenue Code of 1986, that is
established by a qualified industry association, composed of
manufacturers and retailers, and certified pursuant to Section
42987, to develop, implement, and administer the mattress
recycling program established pursuant to this chapter.

(h) “Used mattress recovery and recycling plan” or “plan” means
the plan for recycling used mattresses that is developed by the
mattress recycling organization pursuant to this chapter.

(i) “Program” or “used mattress recycling program” means the
program implemented by the mattress recycling organization
pursuant to a plan approved by the department.

(j) “Qualified industry begin delete organization” end delete begin insert association end insert begin insert ” end insert means the
International Sleep Products Association, a successor of that
organization, or a group of mattress manufacturers that collectively
represent at least 35 percent of the volume of mattresses
manufactured in the United States.

(k) “Recycle” or “recycling” has the same meaning as defined
in Section 40180.

(l) “Recycler” means a person that engages in the manual or
mechanical separation of mattresses to substantially recover
components and commodities contained in mattresses for the
purpose of reuse or recycling.

(m) “Recycling charge” or “charge” means the charge imposed
on the sale of a new or renovated mattress at the point of sale and
collected by the organization to fund the recycling of used
mattresses pursuant to this chapter.

(n) (1) “Renovate” or “renovation” means altering a used
mattress for the purpose of resale and includes one or more of the
following:

(A) Replacing the mattress, ticking, or filling.

(B) Adding additional filling.

(C) Rebuilding a used mattress.

(D) Replacing components with new or postconsumer materials
unless the material is a clean recycled material, consists of used
electronic parts or controls, or is a used mattress base that is not
covered by ticking.

(2) “Renovate” or “renovation” does not include any of the
following:

(A) Stripping a mattress of its ticking or filling without adding
new material.

(B) Sterilizing or sanitizing a mattress without otherwise altering
the mattress.

(C) Altering a mattress by a renovator when a person retains
the altered mattress for lease, rental, or personal use.

(D) Refurbishing that disqualifies a mattress for a yellow
wholesale renovator tag to be affixed to the mattress, in accordance
with the regulations adopted by the Department of Consumer
Affairs.

(o) “Renovator” means a person who renovates used mattresses.

(p) “Retailer” means a person who sells mattresses in the state
or offers to a consumer a mattress in the state through any means,
including, but not limited to, by remote offering, including sales
outlets or catalogs, electronically through the Internet, by
telephone, or through the mail.

(q) “Sale” or “sell” means the transfer of title of a mattress for
consideration, including by a manufacturer, a distributor, or a
retailer for eventual consumption to a consumer in the state,
including remote sales conducted through sales outlets, catalogs,
or the Internet or any other similar electronic means. For purposes
of this chapter, a long-term lease of not less than 12 months is the
same as a sale.

(r) (1) “Ticking” means the outermost layer of fabric or related
material of a mattress.

(2) “Ticking” does not include another layer of fabric or related
material that is quilted together with, or otherwise attached to, the
outermost layer of fabric or related material.

(s) “Used mattress” means a mattress that has been discarded
by a consumer.

 

Article 2.  Mattress Recycling Plan

 

42987.  

(a) (1) On or before July 1, 2014, a qualified industry
association or a successor organization may establish a mattress
recycling organization for purposes of this chapter, which shall be
composed of manufacturers and retailers and be certified pursuant
to this section to develop, implement, and administer the mattress
recycling program established pursuant to this chapter.

(2) Within 60 days of receipt of a request for certification, the
department shall notify the requesting qualified industry association
of the department’s decision whether or not to certify that
begin delete association end delete begin insert mattress recycling organization end insert .

(b) On or before January 1, 2015, each manufacturer and retailer
shall register with the mattress recycling organization.

(c) On and after January 1, 2015, a retailer shall not sell,
distribute, or offer for sale a mattress in the state unless the retailer
is in compliance with this chapter and the manufacturer of the
mattress sold by the retailer is listed in compliance with this
chapter.

(d) On and after January 1, 2015, a manufacturer shall not
manufacture, assemble, or import a new mattress in this state, or
sell or distribute a mattress to a distributor or retailer, unless the
manufacturer is in compliance with this chapter.

42987.1.  

On or before April 1, 2015, the mattress recycling
organization shall develop and submit to the department a plan for
recycling used mattresses in the state begin insert in an economically efficient
and practical manner end insert that includes all of the following goals and
elements:

(a) Program objectives consistent with the state’s solid waste
management hierarchy.

(b) The names of manufacturers and brands covered under the
plan.

(c) A consultation process with affected stakeholders.

(d) Methods to increase the number of used mattresses diverted
from landfills, reduce the number of illegally dumped used
mattresses, and increase the quantity of used materials recovered
through this process and recycled for other uses.

(e) (1) The establishment and administration of a means for
funding the plan in a manner that distributes the mattress recycling
organization’s costs uniformly over all mattresses sold in the state.

(2) The funding mechanism shall provide sufficient funding for
the mattress recycling organization to carry out the plan, including
the administrative, operational, and capital costs of the plan.

(f) The publishing of an annual report for each calendar year of
operation.

(g) Conducting research, as needed, related to improving used
mattress collection, dismantling, and recycling operations,
including pilot programs to test new processes, methods, or
equipment on a local, regional, or otherwise limited basis.

(h) Establishing a methodology for the purpose of determining
the state mattress recycling goal.

(i) A program performance measurement that shall collect
program data for the purpose of the annual report. The information
shall include:

(1) A methodology for estimating the amount of mattresses sold
in the state, used mattresses available for collection in the state,
and for quantifying the number of used mattresses collected and
recycled in the state.

(2) A methodology for determining mattresses sold in the state
by the manufacturers of the mattress recycling organization.

(j) Coordinating activities with existing used product collecting
and recycling plans for discarded mattresses or other products, and
other relevant parties as appropriate, to provide efficient delivery
of services and avoid unnecessary duplication of effort and
expense.

(k) Entering into contracts or agreements that are necessary and
proper for the mattress recycling organization to carry out these
duties consistent with the terms of this chapter.

(l) Establishment of a financial incentive to encourage parties
to collect for recycling used mattresses discarded or illegally
dumped in the state.

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(m) Ensuring local governments and solid waste facilities are
provided with a mechanism for the recovery of illegally dumped
used mattresses at no additional cost to the local government or
solid waste facility.

(n) Policies to ensure there are adequate and convenient
opportunities for the collection, acceptance, and recovery for
recycling used mattresses in low-income communities, in
accordance with the poverty line annually established by the
Secretary of California Health and Human Services pursuant to
the federal Omnibus Budget Reconciliation Act of 1981 (Public
Law 97-35), as amended.

(o) Ensuring used mattresses recovered by a retailer are
delivered to a recycling facility or solid waste facility for recycling.

(p) Providing outreach efforts and education to consumers,
manufacturers, and retailers, for the purpose of promoting the
recycling of used mattresses.

(q) Procedures to ensure implementation of the plan if a
manufacturer or the mattress recycling organization no longer
exists due to bankruptcy, dissolution, or similar processes.

(r) (1) Ensuring solid waste facilities offer individuals free
drop-off of used mattresses.

(2) Reimbursement of solid waste facilities for the reasonable
costs incurred of collecting, storing, and processing used mattresses
in paragraph (1).

(s) Any information deemed necessary by the department related
to compliance with the plan.

end delete begin insert

(m) Ensuring, to the maximum extent possible, that local
governments and solid waste facilities are provided with a
mechanism for the recovery of illegally disposed used mattress
that is funded at no additional cost to the local government or
solid waste facility.

end insert begin insert

(n) Developing processes to collect used mattresses from
low-income communities for recycling in accordance with the
poverty line annually established by the Secretary of California
Health and Human Services pursuant to the federal Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), as
amended.

end insert begin insert

(o) Requiring used mattresses collected by a retailer to be
delivered to a recycling facility or solid waste facility for recycling.

end insert begin insert

(p) Providing outreach efforts and education to consumers,
manufacturers, and retailers, for the purpose of promoting the
recycling of used mattresses.

end insert begin insert

(q) (1) Ensuring, to the maximum extent possible, that solid
waste facilities offer individuals the free drop off of used
mattresses.

end insert begin insert

(2) Reimbursing solid waste facilities for the reasonable costs
incurred in collecting, storing, and processing used mattresses in
accordance with paragraph (1).

end insert begin insert

(r) Other information requested by the department that is
reasonably related to compliance with the recycling plan and that
the organization can readily compile.

end insert

42987.2.  

In preparing the plan pursuant to Section 42987.1,
the mattress recycling organization shall consult with interested
stakeholders.

42987.3.  

(a) The department shall review the plan begin insert for
consistency with this chapter end insert and shall approve, disapprove, or
conditionally approve the plan within 90 days of receipt of the
plan. begin insert If the department fails to act within 90 days of the receipt of
the plan, the plan shall be deemed approved. end insert

(b) If the department disapproves the plan pursuant to
subdivision (a), begin insert the department shall explain, in writing, how the
plan is inconsistent with this chapter, and end insert the mattress recycling
organization shall resubmit a plan to the department. If the begin delete mattress
recycling organization does not resubmit a plan, or submits a plan
that is not approved or conditionally approved by the department,
the mattress recycling organization shall be deemed not in
compliance with this chapter. end delete begin insert department finds that the plan
resubmitted by the organization is inconsistent with the
requirements of this chapter, the mattress recycling organization
shall not be deemed in compliance with this chapter until the
organization submits a plan that the department finds is consistent
with the requirements of this chapter. end insert

(c) The approved plan shall be a public record, except that
financial, production, or sales data reported to the department by
the mattress recycling organization is not public record for purposes
of the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government
Code) and shall not be open to public inspection. The department
may release financial, production, or sales data in summary form
only so the information cannot be attributable to a specific
manufacturer or retailer begin insert or to any other entity end insert .

42987.4.  

Within begin delete 30 end delete begin insert 60 end insert days after approval or conditional
approval by the department, the mattress recycling organization
shall implement the approved plan.

42987.5.  

(a) On or before January 1, 2017, based on
methodology contained in the plan and information contained in
the first annual report, the department begin insert , in consultation with the
organization, and after taking into consideration relevant economic
and practical considerations and other information, end insert shall establish
and make public the following:

(1) The state mattress recycling baseline amount.

(2) The state mattress recycling goals.

(b) On or before July 1, 2020, and every four years thereafter,
the department shall review, including reviewing for consistency
with Section 41780.01, and update as necessary begin insert , end insert the baseline
amount and goals to ensure that the program advances the statewide
recycling goal.

 

Article 3.  Budget

 

42988.  

On or before July 1, 2015, and on or before July 1
annually thereafter, the mattress recycling organization shall
prepare and submit to the department a proposed used mattress
recycling program budget for the following calendar year that
includes all of the following:

(a) Anticipated revenues and costs of implementing the program,
including related programs, projects, contracts, and administrative
expenses.

(b) A recommended funding level sufficient to cover the plan’s
costs and to operate the mattress recycling program over a
multiyear period in a prudent and responsible manner.

(c) The amount of the mattress recycling charge and itemization
of costs that each charge covers.

42988.1.  

(a) On or before September 1, 2015, and annually
thereafter, the department shall approve, disapprove, or
conditionally approve a final program budget. begin insert If the department
fails to act or does not disapprove or conditionally approve a final
program budget, the budget shall be deemed approved. end insert

(b) (1) If the department disapproves the budget, the mattress
recycling organization shall resubmit a revised budget addressing
the department’s begin insert written end insert reasons for its decision within 30 days
of the disapproval.

(2) The department, within 30 days from the date the mattress
recycling organization resubmits a revised budget, shall approve,
disapprove, or conditionally approve a final program budget. begin insert If
the department fails to act or does not disapprove or conditionally
approve a final program budget within those 30 days, the budget
shall be deemed approved. end insert

42988.2.  

(a) The department shall notify the mattress recycling
organization of the department’s costs begin delete in end delete begin insert that are directly related
to end insert implementing this chapter relating to the mattress recycling
organization’s activities pursuant to this chapter begin insert , including any
costs incurred in certifying the mattress recycling organization
and reviewing the organization’s plan submitted pursuant to
Section 42987.1 end insert .

(b) On or before July 1, 2015, and once every three months
thereafter, and within the fiscal year, the mattress recycling
organization shall reimburse the department for costs the
department incurs begin insert that are directly end insert related to the mattress recycling
organization’s activities pursuant to this chapter.

(c) The department shall deposit all moneys submitted for
reimbursement costs by the mattress recycling organization
pursuant to this section into the Used Mattress 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 administer and
enforce this chapter. The funds collected pursuant to this section
shall not be expended for any other purpose.

 

Article 4.  Mattress Recycling Charge

 

42989.  

(a) The mattress recycling organization shall set the
amount of the mattress recycling charge that shall be added to the
purchase price of a mattress at the point of sale and include the
charge amount in the annual budget.

(b)  begin insert (1) end insert begin insert   end insert The amount of the state mattress recycling charge shall
be sufficient to fund the revenue requirements set forth in the
approved budget.

begin insert

(2) The mattress recycling organization shall set the charge as
a flat rate and not as a percentage of the purchase price. The
organization shall not set more than two different charges to
accommodate mattress size differentials.

end insert begin delete

(c) Changes in the charges shall be made public by the mattress
recycling organization 60 days before taking effect.

end delete begin insert

(c) (1) In the first 12 months during which the mattress
recycling change is collected, the mattress recycling organization
may change the amount of the mattress recycling charge, in
accordance with subdivision (b), and shall provide no less than
90 days’ notice to the public before the change in the amount of
the charge takes place.

end insert begin insert

(2) After one year from the date when the collection of the
mattress recycling charge commences, the mattress recycling
organization may change the amount of the charge in accordance
with subdivision (b), but the mattress recycling organization shall
not change the amount of the charge more frequently than
annually, and shall provide no less than 180 days’ notice to the
public before the change in the amount of the charge takes effect.

end insert

(d) The charge shall be included in the annual program budget
for approval by the department.

42989.1.  

(a) Each manufacturer, retailer, or distributor that
sells a mattress to a consumer or to the ultimate end user of the
mattress in the state shall add the charge to the purchase price of
the mattress and shall remit the charge collected to the mattress
recycling organization.

(b) In each transaction described in subdivision (a), the charge
shall be clearly visible on the invoice begin insert , receipt, end insert or functionally
equivalent billing document provided by the seller to the consumer
as a separate line item.

(c) The mattress recycling organization shall develop
reimbursement criteria to enable retailers to recover administrative
costs associated with collecting the charge.

(d) The mattress recycling organization shall determine the rules
and procedures that are necessary and proper to implement the
collection of the charge in a fair, efficient, and lawful manner.

42989.2.  

(a) The mattress recycling organization may conduct
an audit of those parties that are required to remit the charge to
the mattress recycling organization to verify that the charges paid
are proper and accurate and to ensure all parties required by this
chapter to pay or collect the charge are paying or collecting the
proper amount.

(b) An audit conducted pursuant to this section shall be carried
out in accordance with generally accepted auditing practices and
shall be limited in scope to confirming whether the charge has
been properly collected on all sales of mattresses to consumers in
the state.

(c) For purposes of conducting audits pursuant to this section,
the mattress recycling organization shall hire independent
third-party auditors that are approved by the department.

(d) If the mattress recycling organization conducts an audit
pursuant to this section, the organization shall provide a copy of
the audit to the department upon request by the department.

42989.3.  

(a) The mattress recycling organization shall deposit
the charges and other moneys collected by the mattress recycling
organization pursuant to this chapter in accounts that are
maintained and disbursed by the organization.

(b) The mattress recycling organization may enter into a joint
venture, agreements, or contracts with third parties, including, but
not limited to, corporations, partnerships, nonprofit entities, and
governmental agencies, to undertake activities on the mattress
recycling organization’s behalf that are consistent with this chapter.

 

Article 5.  Records, Audits, and Annual Report

 

42990.  

(a) The mattress recycling organization shall keep
minutes, books, and records that clearly reflect the activities and
transactions of the mattress recycling organization.

(b) The books of the mattress recycling organization shall be
audited at the organization’s expense by a certified public
accountant retained by the organization begin delete and approved by the
department end delete at least once each calendar year.

(c) The mattress recycling organization shall arrange for the
audit to be delivered to the department. The department shall
review the audit for compliance with this chapter and consistency
with the plan created pursuant to this chapter. The department shall
notify the mattress recycling organization of any compliance issues
or inconsistencies. The mattress recycling organization may obtain
copies of the audit upon request. The department shall not disclose
any confidential proprietary information in the audit.

42990.1.  

On or before April 1, 2016, and each year thereafter,
the mattress recycling organization shall submit to the department
and make publicly available on its Internet Web site a report that
includes, for the preceding calendar year, all of the following:

(a) The mattress recycling organization’s costs and revenues.

(b) The quantity of mattresses disposed of in solid waste
landfills, which shall be provided by the department to interested
parties.

(c) The quantity of discarded used mattresses collected for
recycling in the program.

(d) The quantity of used mattresses collected for recycling from
different categories of sources.

(e) The quantity of each category of materials recycled.

(f) The uses for the recycled materials.

(g) The quantity of otherwise disposed of materials.

(h) A description of methods used to collect, transport, and
process waste mattresses in this state.

(i) Examples of educational materials that were provided to
consumers the first year and any changes to those materials in
subsequent years.

(j) The total volume, number, and weight of used mattresses
collected recycled, renovated, and reused in this state during the
preceding calendar year, including any conversion factor used to
determine the number of mattresses recovered.

(k) Other information relevant to compliance with the plan.

 

Article 6.  Mattress Recycling and Renovating

 

42991.  

(a) On or before April 1, 2016, and annually thereafter,
a person that is engaged in business as a recycler or renovator shall
submit a report to the department that includes the following:

(1) Quantitative information on the number of mattresses
received and recycled or renovated in the state during the preceding
calendar year.

(2)  begin delete Any end delete begin insert Other end insert information deemed necessary by the department
begin insert that is reasonably end insert related to compliance with this chapter begin insert and that
can be readily compiled end insert .

(b) For purposes of determining the begin insert used mattress end insert recycling
rate begin delete for a used mattress end delete , on or before April 1, 2016, and annually
thereafter, a solid waste landfill facility operator shall report to the
department, in a form and manner determined by the department,
regarding the number of used mattresses received begin delete and designated
for recycling or renovation end delete begin insert by that facility that were recycled or
renovated end insert within the state in the preceding calendar year.

 

Article 7.  Retailer Used Mattress Take-back

 

42992.  

begin delete On end delete begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (d), on end insert and
after July 1, 2014, a retailer shall offer a consumer the option to
have a used mattress picked up for recovery at the time of delivery,
at no additional cost to the consumer, if a new mattress is delivered
to the consumer.

begin insert

(b) A retailer may contract out to a third party for the delivery
of a new mattress or pick up of a used mattress.

end insert begin insert

(c) A retailer is not prohibited from charging the consumer for
the cost of the delivery of a new mattress.

end insert begin insert

(d) (1) A retailer or third-party contractor delivering a new
mattress may refuse to pick up a used mattress from a consumer
if the retailer or contractor determines the used mattress is
contaminated and poses a risk to personnel, new products, or
equipment.

end insert begin insert

(2) If the retailer or third party takes the action specified in
paragraph (1), the retailer or third-party contractor shall provide
the consumer with an opportunity for the free drop off of the used
mattress in the manner specified in paragraph (q) of Section
42987.1.

end insert begin insert

(e) A common carrier delivering a new mattress to a consumer
as a result of an online purchase is not required to pick up a used
mattress for recovery.

end insert

 

Article 8.  Enforcement

 

42993.  

(a) On or before July 1, 2016, and annually thereafter,
the department shall post on its Internet Web site a list of
manufacturers and retailers that are in compliance with this chapter.

(b) A manufacturer or retailer that is not listed on the
department’s Internet Web site pursuant to this section, but
demonstrates compliance with this chapter before the next notice
is required to be posted pursuant to this section, may request a
certification letter from the department stating the manufacturer
or retailer is in compliance. The manufacturer or retailer that
receives the letter shall be deemed to be in compliance with this
chapter.

(c) A retailer that distributes or sells a mattress shall monitor
the department’s Internet Web site to determine if a manufacturer
is in compliance with this chapter. A retailer otherwise in
compliance with this chapter shall be deemed in compliance with
the chapter if, on the date the retailer ordered or purchased a
mattress, or within begin delete seven end delete begin insert 30 end insert calendar days before or after that date,
the manufacturer was listed as covered or compliant on the
department’s Internet Web site.

begin insert

(d) A retailer may sell or distribute the existing stock of its
inventory through sales to the public if the existing stock was
purchased when the manufacturer was in compliance with the
requirements of this chapter at the time when the retailer initially
purchased that stock.

end insert begin insert

(e) The sale, distribution, or offering for sale, of any existing
inventory in stock prior to the commencement of the collection of
the mattress recycling charge pursuant to this chapter shall be
deemed to be in compliance with this chapter.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert f) end insert  If the department determines a manufacturer or retailer is
not in compliance with this chapter, the department shall remove
the manufacturer or retailer from the department’s Internet Web
site pursuant to this section and the manufacturer or retailer shall
not sell a mattress in the state until the department determines the
manufacturer or retailer is in compliance with this chapter.

42993.1.  

(a) The department may impose an administrative
civil penalty on any manufacturer, mattress recycling organization,
recycler, renovator, or retailer that is in violation of this chapter.
The amount of the administrative civil penalty shall not exceed
five hundred dollars ($500) per day, but, if the violation is
intentional, knowing, or reckless, the department may impose an
administrative civil penalty of not more than five thousand dollars
($5,000) per day.

(b) The department shall not impose a penalty on the mattress
recycling organization pursuant to this section for a failure to
comply with this chapter if the organization demonstrates it
received false or misleading information from a member of the
organization begin insert or other party end insert that was the direct cause of its failure
to comply.

(c) The department shall deposit all penalties collected pursuant
to this section into the Mattress Recovery and Recycling Penalty
Account, which is hereby created in the Integrated Waste
Management Fund. Upon appropriation by the Legislature, moneys
deposited into the Mattress Recovery and Recycling Penalty
Account may be expended by the department to administer and
enforce this chapter.

42993.2.  

Upon begin insert a written end insert finding that a manufacturer, mattress
recycling organization, or retailer has not met a begin insert material end insert
requirement of this chapter, in addition to any other penalties
authorized under this chapter, the department may take any of the
following actions begin insert , after affording the manufacturer, organization,
or retailer a reasonable opportunity to respond to, or rebut, the
finding, end insert to ensure compliance with the requirements of this chapter:

(a) Revoke the mattress recycling organization’s plan approval begin delete ,
amend an approval or conditional approval to include new
conditions, end delete or require the mattress recycling organization to
resubmit the plan.

(b) Remove the manufacturer or retailer from the department’s
Internet Web site and list of compliant manufacturers and retailers,
as specified in Section 42993.

(c) Require additional reporting requirements begin insert relating to
compliance with the material requirement identified by the
department end insert .

42993.3.  

(a) A manufacturer and mattress recycling
organization shall do both of the following:

(1) Upon request, provide the department with reasonable and
timely access, as determined by the department and as authorized
pursuant to Title 13 (commencing with Section 1822.50) of Part
3 of the Code of Civil Procedure, to its facilities and operations,
as necessary to determine compliance with this chapter.

(2) Upon request, provide the department with relevant records
necessary to determine compliance with this chapter.

(b) The records required by this chapter shall be maintained and
accessible for three years. All reports and records provided to the
department pursuant to this chapter shall be provided under penalty
of perjury.

(c) The department may take disciplinary action against a
manufacturer or mattress recycling organization if the manufacturer
or mattress recycling organization fails to provide the department
with the access required pursuant to this section, including, but
not limited to, imposing penalties pursuant to Section 42993.1 and
posting an immediate notice on the department’s Internet Web site
pursuant to Section 42993 that the manufacturer is no longer in
compliance with this chapter.

 

Article 9.  Antitrust Immunity

 

42994.  

(a) Except as provided in subdivision (c), an action
specified in subdivision (b) that is taken by a begin delete stewardship end delete begin insert mattress
recycling end insert organization or its members that relates to any of the
following is not a violation of the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), the Unfair Practices Act (Chapter
4 (commencing with Section 17000) of Part 2 of Division 7 of the
Business and Professions Code), or the Unfair Competition Law
(Chapter 5 (commencing with Section 17200) of Part 2 of Division
7 of the Business and Professions Code).

(b) Subdivision (a) shall apply to all of the following actions
taken by the mattress recycling organization or a manufacturer:

(1) The creation, implementation, or management of a plan
approved by the department pursuant to Article 2 (commencing
with Section 42987) and the types or quantities of used mattresses
recycled or otherwise managed pursuant to a plan, as described in
Article 2 (commencing with Section 42987).

(2) The cost and structure of an approved plan.

(3) The establishment, administration, or disbursement of the
begin delete costs end delete begin insert charges end insert associated with funding the implementation of this
chapter.

(c) Subdivision (a) shall not apply to an agreement that does
any of the following:

(1) Fixes a price of or for mattresses, except for an agreement
related to costs begin insert or charges end insert associated with participation in a plan
approved or conditionally approved by the department and
otherwise in accordance with this chapter.

(2) Fixes the output of production of mattresses.

(3) Restricts the geographic area in which, or customers to
whom, mattresses will be sold.