BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                       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.
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           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  

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             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

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