BILL ANALYSIS �
SB 1118
Page 1
Date of Hearing: July 2, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1118 (Hancock) - As Amended: June 25, 2012
SENATE VOTE : 21-17
SUBJECT : Solid waste: used mattresses
SUMMARY : Establishes the Used Mattress Recovery and Recycling
Act (Act), which requires manufacturers of mattresses sold in
California to submit a mattress recovery and recycling plan
(plan) to the Department of Resources Recovery and Recycling
(CalRecycle) by April 1, 2013 and to implement the plan by July
1, 2013.
EXISTING LAW :
1)Under the California Integrated Waste Management Act of 1989,
requires 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. The
Act establishes a statewide policy goal that not less than 75%
of solid waste be source reduced, recycled, or composted on
and after January 1, 2020.
2)Establishes the California Oil Recycling Enhancement Act,
which requires manufacturers of used oil to pay a fee of 4
cents per quart (16 cents per gallon) to CalRecycle, which
then pays a recycling incentive of 4 cents per quart to
industrial generators, curbside collection program operators,
and certified used oil collection center for used oil
collected from the public and transported for recycling. This
Act includes related grants and loans, development and
implementation of an information and education program, and a
reporting, monitoring, and enforcement program.
3)Establishes the Electronic Waste Recycling Act of 2003, which
requires a retailer selling a covered electronic device (CED)
in California to collect a recycling fee (between $8 and $25)
from the consumer. Fees are deposited into the Electronic
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Waste Recovery and Recycling Account, which is continually
appropriated to DRRR and the Department of Toxic Substances
Control (DTSC) to make electronic waste recovery payments to
cover the net cost of an authorized collector in operating a
"free and convenient" system for collecting, consolidating,
and transporting CEDs, and to make electronic waste recycling
payments to cover an electronic waste recycler's average net
cost of receiving, processing, and recycling CEDs. The Act
defines CED as a product that contains a video display device
4 inches and larger.
4)Establishes the Cell Phone Recycling Act, which requires every
retailer of cell phones to have in place a system for the
acceptance and collection of used cell phones for reuse,
recycling, or proper disposal.
5)Establishes the Rechargeable Battery Recycling Act, which
requires every retailer of rechargeable batteries to have in
place a system for the acceptance and collection of used
rechargeable batteries for reuse, recycling, or proper
disposal.
6)Establishes the Dry Cell Battery Management Act, which
establishes requirements for the production and labeling of
consumer products with dry cell batteries and sets limits on
the amount of mercury in those batteries.
7)Establishes the Mercury Thermostat Collection Act, which
requires manufacturers to establish and maintain a program for
out-of-service mercury-added thermostats. Requires the
program to include collection, handling, and arranging for
appropriate management of out-of-service mercury-added
thermostats.
8)Requires pharmaceutical manufacturers that sell or distribute
a medication in California, which is usually self-injected at
home with a hypodermic needle to submit to the DRRR a plan
that describes any actions taken by the manufacturer for the
safe collection and proper disposal of the waste devices by
July 1, 2010, and annually thereafter.
9)Establishes the Product Stewardship for Carpets Program, which
requires manufacturers of carpet sold in California to submit
a carpet product stewardship plan to CalRecycle that
demonstrates how it will manage its waste carpet.
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10)Establishes the Architectural Paint Recovery Program, which
requires architectural paint manufacturers to develop and
implement a program to manage waste latex paint.
THIS BILL : Establishes the Used Mattress Recovery and Recycling
Act, which:
1)States that in order to reduce illegal dumping, increase
recycling, and substantially reduce public agency costs for
the end-of-life management of used mattresses, the Act
requires manufacturers of mattresses sold in the state to
develop, finance, and implement a convenient and
cost-effective program to collect and recycle used mattresses.
Clarifies that the program developed by manufacturers "shall
be capable of the recovery and recycling of at least 75
percent of used mattresses generated in this state annually on
and after January 1, 2020."
2)Defines terms used in the Act, including:
a) "Manufacturer" as 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,
including: 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 of brand is registered
in the state; and, 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;
b) "Mattress" as a large, thick pad of twin size or larger
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."
c) "Mattress recovery and recycling plan" as the plan
submitted to CalRecycle;
d) "Retailer" as 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
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such as sales outlets, catalogs, or the Internet.
e) "Used mattress" as a mattress that is no longer wanted
by its owner and is discarded or intended to be discarded.
3)On or before April 1, 2013, requires a manufacturer
individually, collectively, or through a third party, to
submit a plan to CalRecycle.
4)Requires that the plan include:
a) Provisions to ensure that when new mattresses are
delivered to a consumer, the consumer is given the option
to have an "equivalent used mattress" picked up for
recovery at the time of delivery at no additional cost to
the consumer or retailer.
b) Arrangements when a mattress is sold to a consumer for
the drop off of an equivalent used mattress at a recycling
facility at no cost to the consumer or retailer.
c) Techniques designed to prevent and mitigate the illegal
discarding of mattresses.
d) 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.
e) 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.
f) Provisions designed to meet the following recycling
targets and methods for demonstrating the achievement:
i) By January 1, 2015, recycling not less than 25
percent of mattresses generated in the state;
ii) By January 1, 2017, recycling not less than 50
percent of used mattresses generated in the state; and,
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iii) On and after January 1, 2020, recycling not less
than 75 percent of used mattresses generated in the
state.
g) Provisions for a financial mechanism for implementing
the plan.
5)Specifies that 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 the Act.
6)On and after July 1, 2013, requires retailers to offer
consumers the option to have an "equivalent used mattress"
picked up for recovery at the time of delivery, at no
additional cost to the consumer. Authorizes retailers to
contract with third-parties for this purpose.
7)Prohibits a manufacturer or retailer from selling or offering
for sale a mattress to any person unless the manufacturer is
in compliance with the Act.
8)Specifies that a manufacturer is in compliance with the Act if
the following requirements are met:
a) On or before April 1, 2013, submits a plan to
CalRecycle; and,
b) On and after July 1, 2013, implements the plan that
CalRecycle has determined meets the requirements of the
Act;
9)Requires CalRecycle to review a plan submitted by a
manufacturer and, within 90 days, adopt a finding of the
plan's compliance or noncompliance with the Act.
10)Requires a manufacturer that submits a plan to pay an annual
administrative fee, as determined by CalRecycle for the
reasonable regulatory costs incident to performing any audits
and inspections necessary to enforce this provisions of the
Act and for the administrative enforcement costs and
adjudication thereof.
11)Authorizes CalRecycle to establish a variable fee, as
specified.
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12)Authorizes CalRecycle to impost administrative civil
penalties for violations of the Act. The penalty is not to
exceed $1,000 per day, unless the violation is intentional,
knowing, or negligent, in which case the fee is not to exceed
$10,000 per day. In determining penalties, requires
CalRecycle or the court to consider a number of factors,
including the nature of the violation, the economic impact of
the penalty, whether or not the violator took good faith
measures to comply, the willfulness of the violation, the
deterrent effect of the penalty, and "any other factor justice
may require."
13)Establishes the Mattress Recovery and Recycling Account and
the Mattress Recovery and Recycling Penalty Account.
FISCAL EFFECT : Unknown.
COMMENTS :
This bill : According to the author, "In recent years, the
problem of illegally dumped mattresses has become more and more
serious, especially in the parts of the state that have been
hardest hit by the recent recession. The accumulation of these
used mattresses in public spaces, especially if left for �a]
long period of time, can pose a serious public health problem.
Used mattresses can be a breeding ground for mold and pests.
The scope of the problem is real and growing. In Oakland, for
example, between 18 and 35 mattresses are recovered by the City
per day. The City estimates that municipal operations devoted
to recovering these mattresses costs approximately $500,000
annually. The City of Richmond estimates that it has recovered
approximately 5,000 illegally dumped mattresses from December
2010 to March 2012. The City of Los Angeles estimates that it
recovers 120-150 illegally dumped mattresses per day. The City
and County of San Francisco recovers approximately 75 to 80
mattresses per day." The author states that this bill provides
a method to recover and recycle used mattresses to minimize
illegal disposal.
Mattress management : Mattresses and box springs are difficult
to move and inconvenient to dispose of properly, resulting in
high levels of illegal disposal. According to CalRecycle, local
governments tend to "view illegal dumping as a litter/nuisance
abatement issue, rather than a solid waste issue. Local
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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."
Even when properly disposed of in a solid waste facility, they
are difficult to manage. Their bulk clogs up equipment, and
they are difficult to compact. Even after disposal, they have a
tendency to "float" to the surface of the waste.
CalRecycle is the state entity responsible for investigation,
cleanup, and enforcement of illegal solid waste disposal sites
and shares this responsibility with local enforcement agencies.
In 2006, CalRecycle established a state and local Illegal
Dumping Technical Advisory Committee (IDTAC) to assess the
extent of the illegal dumping problem and make recommendations
to "enhance the effectiveness of local and regional responses to
the problem."
At the December 14, 2011, meeting of IDTAC, Ms. Cookie
Robles-Wong (representing Oakland and Chair of the IDTAC) noted
that "City of Oakland staff pick up an average of 35 illegally
dumped mattresses per day, haul them to their corporation yard,
place them in a Waste Management dumpster, and Waste Management
hauls them to a mattress recycler. There is considerable
expense to the City to provide the service, and many residents
are wondering how to reduce the dumping and reduce the cost to
local government." The May 23, 2012 meeting of IDTAC also
focused on mattress disposal issues. According to CalRecycle
information presented at this meeting, approximately 4.2 million
mattresses and box springs are disposed (legally or illegally)
each year in California. CalRecycle estimates that 85 percent
of the material is recyclable and that mattress recycling would
create 100 new jobs.
St. Vincent De Paul Society operates DR3 mattress recycling in
Oakland. 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,
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foam, wood and steel. Through this method, 85% to 90% of a
typical mattress can be recycled. Steel is melted and recast as
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.
Estimates on the number of mattress recyclers in California
vary. Committee staff has been able to confirm a handful of
facilities, located in the Los Angeles area, the Bay Area, and
in Central California. These facilities deconstruct the
mattresses on-site and create green jobs for Californians.
Arguments in support and opposition : According to Californians
Against Waste, "�this] measure will help reduce both the
incidence and public agency cost of illegal dumping of
mattresses. SB 1118 would build on an existing, mostly
successful practice, by requiring mattress manufacturers to
ensure that consumers are provided with no-cost disposal of old
mattresses. While mattresses are readily recyclable, it appears
that only about 200,000 (just 5 percent) of the more than 4
million mattresses generated in California annually are
recycled. ?The simple solution is to require manufacturers and
retailers to work together to ensure consumers have a
convenient, no-cost remedy for proper end-of-life management of
used mattresses."
The International Sleep Products Association, which represents
mattress manufacturers, "The 'Extended Producer Responsibility"
system (EPR) �this bill] imposes would require the mattress
industry to develop a costly and inefficient system for
collecting and processing used mattresses that will hurt
California consumers, retailers, mattress manufacturers, and
state tax revenues. By imposing significant new requirements
and costs on the mattress manufacturing industry in California,
we believe his legislation is a job killer." The Association
was not able to provide the number of mattress manufacturing
facilities in California. The Bureau of Home Furnishings
licenses furniture manufacturers but does not have information
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on mattress manufacturers specifically. According to the
Bureau, there are approximately 900 furniture manufacturers in
the state.
Suggested amendments : According to the author, this bill is
intended to address mattresses and box springs, not mattress
toppers or pads. In order to clarify this, the committee may
wish to amend the bill to establish a minimum thickness of
4-inches in the definition of "mattress."
To correct an apparent drafting error, the committee may wish to
amend the bill to insert a comma after "box spring" on page 4,
line 6. As currently drafted, the bill appears to only include
box springs that are used with a futon frame.
This bill requires the pick-up of an "equivalent used mattress"
when a new mattress is delivered. Consumers often upgrade to a
larger or thicker mattress when replacing a used mattress. The
author may wish to amend the bill to strike out "equivalent" on
page 5, line 22.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
City of Oakland
City and County of San Francisco
Environment California
Recology
Republic Services, Inc.
Waste Management
Opposition
American Cleaning Institute
California Chamber of Commerce
California Independent Oil Marketers Association
California Manufacturers and Technology Association
Consumer Specialty Products Association
Grocery Manufacturers Association
International Sleep Products Association
National Federation of Independent Businesses
Product Management Alliance
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Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092