BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 254|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 254
Author: Hancock (D), and Correa (D) et al.
Amended: 9/6/13
Vote: 27
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/17/13
AYES: Hill, Calderon, Corbett, Hancock, Jackson, Leno
NO VOTE RECORDED: Gaines, Fuller, Pavley
SENATE APPROPRIATIONS COMMITTEE : 5-1, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Gaines
NO VOTE RECORDED: Walters
SENATE FLOOR : 32-5, 5/29/13
AYES: Beall, Berryhill, Block, Calderon, Cannella, Corbett,
Correa, De León, DeSaulnier, Emmerson, Evans, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno,
Lieu, Liu, Monning, Padilla, Pavley, Price, Roth, Steinberg,
Torres, Wolk, Wright, Yee
NOES: Anderson, Fuller, Gaines, Knight, Wyland
NO VOTE RECORDED: Nielsen, Walters, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Solid waste: used mattresses: recycling and
recovery
SOURCE : Californians Against Waste
International Sleep Products Association
CONTINUED
SB 254
Page
2
DIGEST : This bill establishes the Used Mattress Recovery and
Recycling Act (Act), which requires mattress manufacturers and
retailers to develop a mattress stewardships program to increase
the recovery and recycling of used mattresses to reduce illegal
dumping.
Assembly Amendments: 1) require the mattress recycling plan
address any potential Proposition 26 issues for local
governments; 2) specify that the mattress recycling plan (plan)
ensures that urban and rural local governments and participating
(rather than permitted) solid waste facilities are provided with
a mechanism for the collection of illegally disposed mattresses;
3) change the date by which the mattress recycling organization
must submit the annual report; 4) change the date by which
recyclers, renovators, and solid waste facilities must begin
reporting to Department of Resources Recycling and Recovery
(CalRecycle); 5) specify that any plan modifications or
revisions will be subject to CalRecycle review and require
revised plans to be implemented 90 days after approval; 6)
specify that penalties collected be deposited in the Used
Mattress Recycling Fund; 7) authorize CalRecycle to develop
emergency regulations to implement the requirements of this
bill; 8) state legislative intent that this bill will not
undermine existing used mattress recycling, resale,
refurbishing, and reuse operations; and 9) make other clarifying
and technical changes.
ANALYSIS :
Existing law:
1.Requires, under the California Integrated Waste Management Act
of 1989, each city or county source reduction and recycling
element to include an implementation schedule that shows a
city or county must divert 25% of solid waste from landfill
disposal or transformation by January 1, 1995, through source
reduction, recycling, and composting activities, and must
divert 50% of solid waste on and after January 1, 2000. It is
a policy goal of the state that not less than 75% of solid
waste be source reduced, recycled, or composted by 2020, and
annually thereafter.
2.Requires, pursuant to the Product Stewardship for Carpets
CONTINUED
SB 254
Page
3
Program, manufacturers of carpet sold in California to submit
a carpet product stewardship plan to the CalRecycle that
demonstrates how it will manage its waste carpet.
This bill establishes the Act, and does the following:
1. On or before July 1, 2014, requires "a qualified industry
organization" to establish an organization for purposes of
developing, implementing, and administering a plan.
Specifies that the mattress recycling organization be
composed of manufacturers, renovators, and retailers.
2. Requires all manufacturers, renovators, and retailers to
register with the organization by January 1, 2015.
Authorizes retailers to register as a manufacturer for a
brand for which there is no registered manufacturer.
3. On and after specified dates, prohibits retailers,
manufacturers, and renovators from selling or distributing
mattresses in the state that are not in compliance with the
requirements of the bill.
4. On or before July 1, 2015, requires the organization to
submit the plan to CalRecycle, and requires CalRecycle to
approve, conditionally approve, or disapprove the plan, based
on specified criteria and within specified timelines.
5. On or before January 1, 2018, requires CalRecycle, in
consultation with the organization and taking into account
specified factors, to establish the state mattress recycling
baseline amount and the state mattress recycling goal.
Requires CalRecycle to review and update the recycling goal
every four years.
6. On and after July 1, 2019, requires the organization to
demonstrate a good faith effort to comply with the state
mattress recycling goal.
7. On or before July 1, 2015, and annually thereafter, requires
the organization to develop a used mattress recycling program
budget, as specified. Requires CalRecycle to approve or
disapprove the budget by September 1, 2015, and annually
thereafter.
CONTINUED
SB 254
Page
4
8. Requires the organization to establish a "mattress recycling
charge" to be added to the purchase price of a mattress.
Specifies that the charge be sufficient to fund the
organization's requirements under the bill. Requires the
charge to be a flat rate, and permits no more than two
different charges for different mattress sizes.
9. Establishes civil penalties for violations of the bill's
requirements not to exceed $500 per day, and up to $5,000 per
day for intentional, knowing, or reckless violations.
10.Upon a finding that a manufacturer, organization, renovator,
or retailer is not in compliance, authorizes CalRecycle to
revoke the plan approval, remove the entity from the
published listing, and require additional reporting
requirements as needed for compliance.
11.Authorizes CalRecycle to adopt emergency regulations to
implement the requirements of the bill.
12.Contains definitions for various terms.
Background
According to a recent article in the Los Angeles Times,
"Californians buy about 4 million new mattresses and box springs
a year. About half the time, the used mattresses that they
replace end up in a guest room or go to friends or relatives.
Many of the other two million discarded units get dumped on
streets or sent to landfills. Fewer than one in ten is recycled
for wood, plastic, fiber batting and springs to be used in other
products, such as steel and carpet padding. Discarded
mattresses cause blight on urban streets and are magnets for
mold, rats, insects and other vermin." (Marc Lifsher,
"California weighs mattress recycling fee," Los Angeles Times,
March 28, 2013.)
Illegal dumping and used mattress management . According to
CalRecycle, illegal dumping is the act of disposing of solid
waste at a location that is not a permitted solid waste disposal
facility and is usually done for economic gain - posing
significant social, environmental, and economic impacts
throughout the state.
CONTINUED
SB 254
Page
5
The California State Association of Counties, League of
California Cities, and California Integrated Waste Management
Board requested county administrative officers and city managers
to participate in a June 2006 survey on illegal dumping and
litter abatement. An annual local government abatement and
enforcement cost of $44 million is based on responses from 35
counties and 37 cities, so the cost is likely to be considerably
higher. The California Department of Transportation incurs a
$55 million annual cost for highway cleanups.
According to CalRecycle, local governments tend to "view illegal
dumping as a litter/nuisance abatement issue, rather than a
solid waste issue. Local responses vary greatly statewide, both
in terms of approach and level of activity. Local code
enforcement plays a lead role in some communities, while public
works departments have primary responsibility in others."
CalRecycle notes that it is "responsible for investigation,
cleanup, and enforcement of illegal solid waste disposal sites
and shares this responsibility with local enforcement agencies."
CalRecycle also established a state and local Illegal Dumping
Technical Advisory Committee to assess the extent of the illegal
dumping problem and make recommendations to CalRecycle to
"enhance the effectiveness of local and regional responses to
the problem."
When used mattresses are properly disposed of in a solid waste
facility, the mattresses are difficult to manage. Their bulk
clogs up equipment and they are difficult to compact. In
addition, after disposal, the mattresses have a tendency to
"float" to the surface of the waste.
Recycling and remanufacturing mattresses . According to
information by St. Vincent De Paul, the organization is the
"world leader in mattress recycling. Our Oakland, California
facility was the first commercially viable mattress recycling
business in the world. Today, between our operations in Oakland
and Eugene, Oregon we recycle over 120,000 mattresses and box
springs every year."
The organization notes that mattresses and box springs are cut
open and separated into various components, including cotton,
foam, wood and steel. Through this method, 85% to 90% of a
typical mattress can be recycled. Steel is melted and recast as
CONTINUED
SB 254
Page
6
new items, foam is chipped for use in carpet pad, cotton is used
in insulation, and wood can be composted or used as fuel.
Remanufacturing mattresses and box springs generally involves
removing old coverings and materials inside the mattresses and
box springs, and leaving the metal or wooden framework and
springs which are repaired as needed. New padding is placed
over the springs, foam is placed over the padding for comfort,
and a new cover is sewn on in the same way as done at new
mattress manufacturing facilities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, this bill
has one-time costs of $750,000 (special fund) for CalRecycle to
adopt regulations, implement, monitor, and enforce the program
and ongoing operational costs of $500,000. All costs, including
start-up costs, are required to be reimbursed from the proceeds
of the mattress recycling charge.
SUPPORT : (Verified 9/11/13)
Californians Against Waste (co-source)
International Sleep Products Association (co-source)
California Apartment Association
California Manufacturers and Technology Association
California Retailers Association
California State Association of Counties
Cities of: Berkeley, El Cerrito, Martinez, Richmond, and
Sunnyvale
City and County of San Francisco
Contra Costa County Board of Supervisors
Costa Mesa Sanitary District
DR3 Recycling
Ecology Action
Gayle McLaughlin, Mayor of City of Richmond
League of California Cities
LFP Mattress Recycling
Marin County Hazardous & Solid Waste Management Joint Powers
Authority
Napa Recycling & Waste Services
National Resources Defense Council
Northern California Recycling Association
CONTINUED
SB 254
Page
7
Republic Services, Inc.
Rural County Representatives of California
Sanitation Districts of Los Angeles County
Sleep Train, Inc.
Sonoma County Waste Management Agency
Waste Management
West Contra Costa Integrated Waste Management Authority
OPPOSITION : (Verified 9/11/13)
California Stewardship Council
RM:nl:ej 9/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED