BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 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

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          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  

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            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. 


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           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.


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          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  

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          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

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          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

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