BILL NUMBER: SB 1118 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 13, 2012
AMENDED IN ASSEMBLY AUGUST 7, 2012
AMENDED IN ASSEMBLY JUNE 25, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE APRIL 25, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Hancock
FEBRUARY 17, 2012
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 1118, as amended, Hancock. Solid waste: used mattresses:
recycling and recovery.
Existing law requires a retailer of various specified products,
such as rechargeable batteries and cell phones, 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 and would define terms for purposes
of the act. The bill would require a manufacturer of mattresses
sold in this state, individually, collectively, or through a
designated third party, stewardship
organization, to submit an initial mattress recovery and recycling
plan to the Department of Resources Recycling and Recovery by April
1, 2013, in an electronic format that ensures that the manufacturer
will be responsible for the collection and recycling of waste
mattresses generated by consumers purchasing a new mattress. The bill
would require a manufacturer to implement the initial plan by July
1, 2013.
The bill would require a manufacturer of mattresses sold in
this state, individually, collectively, or through a
stewardship organization, to submit a final mattress
recovery and recycling plan to the Department of Resources
Recycling and Recovery department by April 1,
2013 2014 . The bill would specify the
requirements to be included in the plan, including provisions for
meeting specified recycling targets and demonstrating achievement
with those targets. The bill would require the department to
review the mattress recovery and recycling plan and within 90 days
of receipt to adopt a finding of the plan's compliance or
noncompliance with the act specify a procedure for the
department's approval, disapproval, or conditional approval of a
final plan .
The bill would require a retailer of mattresses , as
defined, on and after July 1, 2013
2014 , to offer the consumer the option of picking up a
used waste mattress, at the time of
delivery, at no additional cost to the consumer.
The bill would prohibit a manufacturer or retailer from selling or
offering for sale a mattress to any person in this state unless the
manufacturer is in compliance with this chapter. The bill would
specify the conditions for determining compliance with the act. The
bill would require the department, by July 1, 2013, and on or before
January 1 and July 1 annually thereafter, to post a notice on its
Internet Web site listing manufacturers that are in compliance with
the requirements of the act and would require the department to post,
by August 1, 2014, and every 6 months thereafter, a list of covered
manufacturers. The bill would require wholesalers or retailers that
distribute or sell mattresses to monitor the department's Internet
Web site to determine if the sale of a mattress is in compliance with
the requirements of the act.
The bill would require a manufacturer, individually, collectively,
or through a stewardship organization, to submit an annual report to
the department describing its mattress stewardship efforts. The bill
would require the department to review the annual report within 90
days of receipt and adopt a finding of compliance or noncompliance
with the requirements of the act. The bill would authorize the
department to require a manufacturer or stewardship organization
submitting that annual report that is not meeting the act's
requirements to amend and resubmit the report and would require the
department to remove the manufacturer's name from the listing of
manufacturers that are in compliance, until as specified.
The bill would require a manufacturer or stewardship
organization submitting a mattress recovery and recycling plan
to pay the department an annual a quarterly
administrative fee, as determined by the department.
The bill would require these fees to be deposited into the
Mattress Recovery and Recycling Account, which the bill would
establish in the Integrated Waste Management Fund. The bill would
provide that the moneys in the account would be available for
expenditure by the department, upon appropriation by the Legislature.
The bill would allow the department to impose an administrative
civil penalty in specified amounts on a person who is in violation of
the act. The bill would require the department to deposit all
penalties collected into the Mattress Recovery and Recycling Penalty
Account, which the bill would establish in the Integrated Waste
Management Fund. The bill would provide that the moneys in the
penalty account would be available for expenditure by the department,
upon appropriation by the Legislature.
Vote: majority. 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. (a) The Legislature finds and declares all of the
following:
(1) 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 of mattresses sold in this state to develop,
finance, and implement a convenient and cost-effective program to
collect and recycle used waste
mattresses generated in this state.
(2) Consistent with existing state policy, the program developed
and implemented by manufacturers of mattresses sold in this state
shall be capable of the recovery and recycling of at least 75 percent
of used waste mattresses generated in
this state annually on and after January 1, 2020.
(b) This chapter shall be known, and may be cited, as the
"Used Mattress "Mattress Recovery and Recycling
Act."
42986. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Account" means the Mattress Recovery and Recycling Account
established pursuant to Section 42991 42992
.
(b) (1) "Manufacturer" means a person who manufactures or
renovates a mattress that is sold, offered for sale, or distributed
in the state under that person's own name or brand.
(2) Manufacturer includes either of the following:
(A) The owner of a trademark or brand under which a mattress is
sold, offered for sale, or distributed in this state, whether or not
the trademark or brand is registered in this state.
(B) A person who imports a mattress into the United States that is
sold or offered for sale in the state and that is manufactured or
renovated by a person who does not have a presence in the United
States.
(c) "Mattress" means a large pad of twin size or larger that is
four or more inches thick filled with resilient material, including a
pad incorporating coiled springs, used as a bed or part of a bed,
including, but not limited to, an inner spring mattress, a foam
mattress, and a box spring and mattress used in conjunction with a
futon frame.
(d) (1) "Mattress recovery and recycling
plan" or "plan" means a plan submitted to the department pursuant to
Section 42987 this chapter .
(2) "Initial plan" means the mattress recovery and recycling plan
submitted to the department pursuant to Section 42987.
(3) "Final plan" means the mattress recovery and recycling plan
submitted to the department pursuant to Section 42988.
(e) "Penalty account" means the Mattress Recovery and Recycling
Penalty Account established pursuant to Section 42991
42994 .
(f) "Recycle" or "recycling" has the same meaning as defined in
Section 40180.
(g) "Retailer" means a person who sells mattresses in the state or
offers to consumers mattresses in the state through any means,
including, but not limited to, by remote offering such as sales
outlets or catalogs. "Retailer" does not include a person who sells
mattresses through the Internet.
(h) "Stewardship organization" means a nonprofit organization
created by one or more manufacturers to act as an agent on behalf of
the manufacturer to design, submit, and administer a mattress
recovery and recycling plan pursuant to this chapter.
(h) "Used
(i) "Waste mattress" means a
mattress that is no longer wanted by its owner and is discarded or is
intended to be discarded.
(j) "Wholesaler" means a person who sells mattresses in the state
to a retailer.
42987. (a) On or before April 1, 2013, a manufacturer of
mattresses sold in this state shall, individually, collectively, or
through a designated third party, submit a mattress recovery and
recycling plan to the department that meets the requirements of this
section.
(b) A mattress recovery and recycling plan shall include all of
the following:
(1) Provisions to ensure that when new mattresses are delivered to
a consumer, the consumer is given the option of having an equivalent
used mattress picked up for recovery at the time of delivery, at no
additional cost to the consumer or retailer, in accordance with
Section 42988.
(2) Arrangements when a mattress is sold to a consumer, for the
drop off of an equivalent used mattress at a recycling facility at no
additional cost to the consumer or retailer.
(3) Techniques designed to prevent and mitigate the illegal
discarding of mattresses.
(4) Arrangements for the pickup of used mattresses that have been
accepted at solid waste facilities and for the delivery of those used
mattresses to a recycling facility.
(5) Policies to ensure there are adequate and convenient
opportunities for the collection, acceptance, and recovery for
recycling of used mattresses in low-income, rural, and other
communities where illegal dumping of mattresses has been a historical
problem.
(6) Provisions designed to meet the following recycling targets
and methods for demonstrating the achievement of the following
recycling goals:
(A) On and after January 1, 2015, recycle not less than 25 percent
of the used mattresses generated in this state.
(B) On and after January 1, 2017, recycle not less than 50 percent
of the used mattresses generated in this state.
(C) On and after January 1, 2020, recycle not less than 75 percent
of the used mattresses generated in this state.
(7) Provisions for a financial mechanism for implementing the
plan.
(c) A manufacturer, individually or through a designated third
party, may coordinate with local governments, solid waste facilities,
retailers, and mattress recyclers to achieve the purposes of this
chapter.
42987. (a) On or before April 1, 2013, a manufacturer of
mattresses sold in this state shall, individually, collectively, or
through a stewardship organization, submit an initial mattress
recovery and recycling plan to the department in an electronic format
that ensures that the manufacturer will be responsible for the
collection and recycling of waste mattresses generated by consumers
purchasing a new mattress. The initial plan shall include a
description of activities that the manufacturer or stewardship
organization shall undertake as part of the plan and shall require a
manufacturer to do all of the following:
(1) Ensure that when a new mattress is delivered to a consumer by
a retailer, the consumer is given the option of having a waste
mattress picked up for recycling at the time of delivery, at no
additional cost to the consumer or retailer.
(2) Ensure that when a new mattress is purchased and picked up by
a consumer, the consumer is given a voucher that provides for the
manufacturer to arrange for the drop off and recycling of a waste
mattress at a local solid waste or recycling facility at no
additional cost to the consumer, retailer, or facility.
(3) Otherwise provide consumers with convenient opportunities to
properly dispose of their waste mattress.
(b) The department shall post the initial plan on its Internet Web
site.
(c) On and after July 1, 2013, a manufacturer shall implement the
initial plan submitted pursuant to subdivision (a).
(d) No later than 60 days before implementing the initial plan, a
manufacturer shall provide a retailer with relevant materials.
42988. (a) On or before April 1, 2014, a manufacturer of
mattresses sold in this state shall, individually, collectively, or
through a stewardship organization, submit a final mattress recovery
and recycling plan to the department that includes the requirements
of this section.
(b) A mattress recovery and recycling plan shall include all of
the following:
(1) Provisions to ensure that when new mattresses are delivered to
a consumer, the consumer is given the option of having an equivalent
number of waste mattresses picked up for recovery at the time of
delivery, at no additional cost to the consumer or retailer, in
accordance with Section 42989.
(2) Arrangements, when new mattresses are sold to a consumer, for
the drop off of an equivalent number of waste mattresses at a
recycling facility at no additional cost to the consumer or retailer.
(3) Techniques designed to prevent and mitigate the illegal
discarding of waste mattresses.
(4) Arrangements for the pickup of waste mattresses that have been
accepted at solid waste facilities and for the delivery of those
waste mattresses to a recycling facility.
(5) Policies to ensure there are adequate and convenient
opportunities for the collection, acceptance, and recovery for
recycling of waste mattresses in low-income, rural, and other
communities where illegal dumping of waste mattresses has been a
historical problem.
(6) Provisions designed to meet the following recycling targets
and methods for demonstrating the achievement of the following
recycling goals:
(A) On and after January 1, 2015, recycle not less than 25 percent
of the waste mattresses generated in this state.
(B) On and after January 1, 2017, recycle not less than 50 percent
of the waste mattresses generated in this state.
(C) On and after January 1, 2020, recycle not less than 75 percent
of the waste mattresses generated in this state.
(7) Provisions for a financial mechanism for implementing the
plan.
(c) A manufacturer, individually or through a designated third
party, may coordinate with local governments, solid waste facilities,
retailers, and mattress recyclers to achieve the purposes of this
chapter.
42988. 42989. On and after July 1,
2013 2014 , a retailer shall offer the
consumer the option to have a used waste
mattress picked up for recovery at the time of delivery, at no
additional cost to the consumer, if a new mattress is being delivered
to the consumer. A retailer may contract out to a third-party entity
for the pickup of used waste
mattresses.
42989. 42990. (a) A manufacturer or
retailer shall not sell or offer for sale a mattress to any person
in this state unless the manufacturer of that mattress is in
compliance with this chapter.
(1) (A) On and after August 1, 2014, if a manufacturer is not
covered by an approved plan or a conditionally approved plan, as
specified in Section 42991, the manufacturer shall not sell or offer
for sale a mattress in the state.
(B) For purposes of this paragraph, "covered" means the
manufacturer has submitted a final plan to the department pursuant to
Section 42988 either individually, collectively, or through a
stewardship organization.
(C) On August 1, 2014, or upon the date a final plan is approved
or conditionally approved by the department, whichever date comes
first, and every six months thereafter, the department shall post on
its Internet Web site a list of manufacturers covered by a final plan
that is approved or conditionally approved by the department
pursuant to subdivision (a) of Section 42991.
(D) A manufacturer that is not listed on the department's Internet
Web site pursuant to this paragraph, but demonstrates to the
satisfaction of the department that it is in 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 that the manufacturer is in compliance. A manufacturer that
receives a letter pursuant to this subparagraph shall be deemed to be
a covered manufacturer in compliance with this chapter and the
department shall include the manufacturer on the list specified in
subparagraph (C).
(2) (A) On or before July 1, 2013, and on or before January 1 and
July 1 annually thereafter, the department shall post a notice on its
Internet Web site listing manufacturers that are in compliance with
this chapter.
(B) A manufacturer that is not listed on the department's Internet
Web site pursuant to this paragraph, but demonstrates to the
satisfaction of the department that the manufacturer is in compliance
with this chapter before the next notice is required to be posted,
may request a certification letter from the department stating that
the manufacturer is in compliance. A manufacturer that receives a
letter pursuant to this paragraph shall be deemed to be in compliance
with this chapter and the department shall include the manufacturer
on the list specified in subparagraph (A).
(3) A wholesaler or retailer that distributes or sells mattresses
shall monitor the department's Internet Web site to determine if the
manufacturer is a covered manufacturer or in compliance with the
requirements of this chapter. A wholesaler or retailer otherwise in
compliance with this chapter shall be deemed in compliance with this
section if, on the date the wholesaler or retailer ordered or
purchased a mattress, the manufacturer was listed as a covered or
compliant manufacturer on the department's Internet Web site pursuant
to paragraph (1) or (2) or within five calendar days of the
department posting its notice on January 1 or July 1.
(4) A retailer may exhaust existing stock in its inventory through
sales to the public if the existing stock was purchased from a
manufacturer who was in compliance with the requirements of this
chapter at the time of the existing stock's initial purchase.
(b) A manufacturer is in compliance with this chapter if the
manufacturer complies with the following requirements , as
applicable :
(1) On or before April 1, 2013, submits an initial mattress
recovery and recycling plan to the department pursuant to Section
42987.
(1)
(2) On or before April 1, 2013
2014 , submits a final mattress recovery and
recycling plan to the department pursuant to Section 42988
.
(2)
(3) On and after July 1, 2013
2014 , implements a final plan that the department
has determined is in compliance with this chapter
approved or conditionally approved pursuant to Section 42991
.
42990. The department shall review a mattress recovery and
recycling plan submitted pursuant to Section 42987 and within 90 days
of receipt shall adopt a finding of the plan's compliance or
noncompliance with this chapter.
42991. (a) The department shall review a final plan submitted
pursuant to Section 42988 and within 90 days of receipt shall
approve, disapprove, or conditionally approve the plan. If a final
plan is disapproved, the department shall remove the name of the
manufacturer from the department's Internet Web site specified in
subparagraph (A) of paragraph (2) of subdivision (a) of Section
42990.
(b) The department shall review the annual report required
pursuant to Section 42993 and within 90 days of receipt shall adopt a
finding of compliance or noncompliance with this chapter.
(1) If the department determines that a manufacturer or
stewardship organization is not meeting the requirements of this
chapter, the department may require that the manufacturer or
stewardship organization to amend and resubmit the plan within 90
days of the department's determination.
(2) If the manufacturer or stewardship organization does not
resubmit a final plan pursuant to paragraph (1), or if the department
does not approve or conditionally approve the final plan submitted
pursuant to paragraph (1), the department shall remove the name of
the manufacturer from the department's Internet Web site specified in
subparagraph (A) of paragraph (2) of subdivision (a) of Section
42990.
(c) A manufacturer or retailer shall not sell a mattress in the
state for which the department has removed the name of the
manufacturer, pursuant to paragraph (2) of subdivision (b), from the
department's Internet Web site specified in subparagraph (A) of
paragraph (2) of subdivision (a) of Section 42990, until the
department approves a final plan for that manufacturer.
42991. 42992. (a) A manufacturer
or stewardship organization submitting a final
mattress recovery and recycling plan shall pay the department
an annual a quarterly administrative
fee, as determined by the department.
(b) The amount of the administrative fee imposed pursuant to
subdivision (a) shall be established by the department for the
reasonable regulatory costs to the department incident to performing
any audits and inspections necessary to enforce the provisions of
this chapter and for the administrative enforcement costs and
adjudication thereof.
(c) In determining the amounts of the administrative fee imposed
pursuant to subdivision (a), the department may establish a variable
fee based on relevant factors, including, but not limited to, the
portion of mattresses sold in the state by individual manufacturers,
as compared to the total amount of mattresses sold in the state by
all manufacturers or stewardship organizations submitting
a mattress recovery and recycling plan.
(d) The administrative fees collected pursuant to this section
shall be deposited into the Mattress Recovery and 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 implement this chapter.
42993. On or before April 1, 2015, and on or before April 1
annually thereafter, a manufacturer shall, individually,
collectively, or through a stewardship organization, submit a report
to the department describing its mattress stewardship efforts as
outlined in the approved or conditionally approved final plan. At a
minimum, the report shall include all of the following:
(a) Quantitative information on progress in achieving the waste
mattress program activities specified in paragraphs (1) and (2) of
subdivision (b) of Section 42988.
(b) Calculations of progress in achieving the recycling goals
specified in paragraph (6) of subdivision (b) of Section 42988,
consistent with the methodology adopted pursuant to that paragraph.
(c) A description of achievement in the program techniques
specified in paragraph (3) of subdivision (b) of Section 42988.
(d) The total volume, number, and weight of waste mattresses
collected, recycled, renovated, reused, and used for energy recovery
in this state during the preceding calendar year, including any
conversion factor used to determine the number of mattresses
recovered.
(e) A description of methods used to collect, transport, and
process waste mattresses in this state.
(f) Examples of any educational materials provided to consumers
the first year of implementing the plan and any changes to those
materials in subsequent years.
(g) Other information relevant to compliance with the plan.
42992. 42994. (a) The department
may impose an administrative civil penalty on any person who is in
violation of this chapter. The amount of the civil penalty shall not
exceed one thousand dollars ($1,000) per day, but if the violation is
intentional, knowing, or negligent, the department may impose a
civil penalty of not more than ten thousand dollars ($10,000) per
day.
(b) In assessing or reviewing the amount of a civil penalty
imposed pursuant to subdivision (a) for a violation of this chapter,
the department or the court shall consider all of the following:
(1) The nature and extent of the violation.
(2) The number and severity of the violation or violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to comply with
this chapter and the period of time over which these measures were
taken.
(5) The willfulness of the violator's misconduct.
(6) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community.
(7) Any other factor that justice may require.
(c) The department shall deposit all penalties collected pursuant
to this section into the Mattress Recovery and Recycling Penalty
Account, which is hereby established in the Integrated Waste
Management Fund. Upon appropriation by the Legislature, moneys in the
penalty account shall be expended by the department to implement
this chapter.