BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 1118 (Hancock) - Solid waste: used mattresses.
          
          Amended: April 25, 2012         Policy Vote: EQ 5-1
          Urgency: No                     Mandate: No
          Hearing Date: May 7, 2012       Consultant: Marie Liu
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: SB 1118 would require mattress manufactures, by 
          July 1, 2013, to either: (1) establish and implement a program 
          to offer free pick-ups of used mattresses from a customer or 
          public agency, or (2) pay a $25 fee to the Department of 
          Resources Recycling and Recovery (DRRR) that must be used to 
          implement a state-run mattress recovery and recycling program.

          Fiscal Impact: 
               At least $700,000 in on-going costs from the Integrated 
              Waste Management Fund (special fund) beginning in 2013 for 
              the development and implementation of a state-run used 
              mattress recovery and recycling program. 
               Unknown revenues, possibly in the hundreds of thousands or 
              millions, beginning in 2013 from mattress manufactures in 
              lieu establishing their own recovery and recycling program.

          Background: DRR established the Illegal Dumping Technical 
          Advisory Committee (IDTAC) to assess the extent of illegal 
          dumping and to make recommendations to DRRR in order to enhance 
          the effectiveness of local and regional response to the problem. 
          A representative of the City of Oakland spoke at the IDTAC 
          December 14, 2011 meeting attesting that the city deals with an 
          average of 35 illegally dumped mattresses per day. The city 
          incurs considerable expense in hauling away these mattresses, 
          which are ultimately sent to a mattress recycler. In response, 
          DRRR staff is currently contacting IDTAC members to identify the 
          following data: (1) cost estimates for public and private 
          collection and disposal of waste mattresses, (2) number of 
          illegally dumped waste mattresses collected in a given time 
          period, (3) estimated number of waste mattresses collected at 
          transfer stations or landfills, (4) number of mattresses 
          recycled versus incorporated into a landfill, and (5) 
          availability of mattress recycling companies in the geographical 








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          areas and the per unit charge for transporting and recycling 
          mattresses. Results are to be presented at the May 23, 2012 
          IDTAC meeting.

          Proposed Law: This bill would require a mattress manufacturer to 
          establish a program by July 1, 2013 to provide and arrange for 
          the pickup of used mattresses upon request from customers and 
          public agencies, at no cost to the requester. Mattress 
          retailers, in coordination with a manufacturer, would be 
          required to pick up used mattresses from a consumer purchasing a 
          new mattress. The manufacturer and retailer would be able to 
          recover its costs by incorporating a charge into the purchase 
          price of new mattresses.

          Mattress manufactures, in lieu of establishing their own 
          program, may instead voluntarily remit a mattress recovery and 
          recycling payment of $25 to DRRR for each mattress sold by that 
          manufacturer in the state. The revenues from this payment would 
          be deposited into a special account (the Mattress Recovery and 
          Recycling Account) within the Integrated Waste Management Fund, 
          and may only be expended to implement a mattress recovery and 
          recycling program implemented by DRRR.

          Staff Comments: This bill would require DRRR to develop a used 
          mattress recovery and recycling program if at least one 
          manufacturer chooses to pay the $25 fee instead of developing 
          and implementing their own program. The minimum costs for 
          developing and implementing such a program will likely be 
          approximately $700,000 in ongoing costs to the Integrated Waste 
          Management Fund. If participation is high, the total program 
          costs would increase, although the cost per mattress may 
          decline.

          The voluntary fee will at least partly offset these program 
          costs, depending on the level of participation. Based on 
          national sales, there may be four to five million mattresses 
          sold in California each year. If most of the manufactures opt to 
          pay the fee, there is the potential for millions in dollars of 
          fee revenue to support the program. However if participation in 
          the state-run program is very low, the state's program costs may 
          not be covered by the fee.

          It is unclear why it is necessary or beneficial to set the 
          voluntary fee in statute, which reduces DRRR's flexibility in 








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          collecting a fee that will cover their costs. Allowing DRRR to 
          establish the fee would require the development of a regulation, 
          but it may be desirable to incur some one-time start-up costs to 
          ensure the program is fully fee supported in the future.

          Staff notes that the IDTAC is meeting on May 23, 2012 to discuss 
          the need for a used mattress collection and recycling program. 
          The author is likely to amend the bill to reflect these 
          discussions.