BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1274| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: SB 1274 Author: Hancock (D) and Correa (D) Amended: 3/24/14 Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/2/14 AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley NO VOTE RECORDED: Fuller, Vacancy, Vacancy SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Recycling: used mattresses SOURCE : Author DIGEST : This bill defines a solid waste facility as including a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Adds authorized solid waste operations as eligible for participation in the mattress recycling program and reimbursement. ANALYSIS : Existing law: 1. Makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020. CONTINUED SB 1274 Page 2 2. Establishes the Used Mattress Recovery and Recycling Act (Act) and requires a mattress recycling organization to develop and implement a manufacturer and retailer stewardship program to recover and recycle used mattresses. This bill: 1. Changes the definition of "solid waste facility" to have the same meaning as the term is used in the California Integrated Waste Management Act of 1989, which defines "solid waste facility" as a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. 2. Prohibits Department of Resources Recycling and Recovery (CalRecycle) from disclosing any confidential proprietary information in an audit conducted by CalRecycle or annual report submitted by recyclers and renovators. 3. Adds authorized solid waste operations as eligible for participation in the mattress recycling program and reimbursement. 4. Adds a recycler, renovator, and authorized solid waste operation to authorized used mattress drop off points for individuals at no additional charge. 5. Changes the reimbursement amount paid to mattress recyclers, solid waste facilities, and solid waste operations from "a reasonable amount" to "an amount determined by an agreement between the mattress recycling organization and those facilities to be reasonable." 6. Authorizes CalRecycle to impose civil penalties against distributors and take enforcement actions against distributors and recyclers. 7. Deletes the authorization for the expenditure of penalties to offset costs incurred by CalRecycle. 8. Clarifies that CalRecycle is prohibited from adopting emergency regulations with regard to any other provision of CONTINUED SB 1274 Page 3 the Act other than the authorized adoption of emergency regulations relating to the used mattress recovery and recycling plan and program budget. 9. Requires a manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer to add the charge to the purchase price of the mattress and remit the charge collected to the organization beginning 90 days after the date CalRecycle approves the organization's budget instead of CalRecycle's approval of the plan. 10.Makes technical and clarifying changes. Comments According to the author, this bill "seeks to address the concerns expressed by Governor Jerry Brown in the signing statement provided by SB 254 (Hancock and Correa), which enacted the Used Mattress Recovery and Recycling Act. The [Act] requires manufacturers of mattresses sold in this state to develop, finance, and implement a convenient and cost-effective program to collect and recycle used mattresses. [In his signing message, the] Governor pointed out, in particular, concerns with the limited scope of CalRecycle regulatory authority, as well as the incentives in collecting fines from civil penalties. These changes require statutory amendment and are beyond the scope of the Department's regulatory abilities." Prior legislation . SB 254 (Hancock and Correa, Chapter 388, Statutes of 2013) established the Act and required a mattress recycling organization to develop and implement a manufacturer and retailer stewardship program to recover and recycle used mattresses. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No RM:k 4/28/14 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED SB 1274 Page 4 CONTINUED