BILL ANALYSIS �
SB 1118
Page 1
SENATE THIRD READING
SB 1118 (Hancock)
As Amended August 13, 2012
Majority vote
SENATE VOTE :21-17
NATURAL RESOURCES 6-1 APPROPRIATIONS 11-5
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|Ayes:|Chesbro, Brownley, |Ayes:|Gatto, Blumenfield, |
| |Dickinson, Huffman, | |Bradford, Charles |
| |Monning, Skinner | |Calderon, Campos, Davis, |
| | | |Fuentes, Hall, Hill, |
| | | |Cedillo, Mitchell |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Establishes the 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. Specifically, the bill :
1)Defines terms used in the Act.
2)On or before April 1, 2013, requires a manufacturer
individually, collectively, or through a stewardship
organization, to submit an initial plan to CalRecycle.
Requires that the initial plan include provisions to ensure
that when new mattresses are delivered to a consumer, the
consumer is given the option to have a waste mattress picked
up for recovery at the time of delivery at no additional cost
to the consumer or retailer; ensure that when a new mattress
is purchased and picked up, that a voucher be provided to the
consumer that covers the costs of taking a waste mattress to a
solid waste or recycling facility; and, otherwise provide
consumers with convenient opportunities to properly dispose of
their waste mattress. Requires the manufacturer to implement
the initial plan by July 1, 2013.
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3)On or before April 1, 2014, requires a manufacturer
individually, collectively, or through a stewardship
organization, to submit a final plan to CalRecycle. Requires
that the final plan be implemented by July 1, 2014, and
include all of the following:
a) Provisions to ensure that when new mattresses are
delivered, the consumer is given the option to have the
same number of waste mattresses picked up.
b) Arrangements for the drop off of an equivalent number of
waste mattresses when new mattresses are picked up.
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% of
mattresses generated in the state;
ii) By January 1, 2017, recycling not less than 50% of
used mattresses generated in the state; and,
iii) On and after January 1, 2020, recycling not less
than 75% of used mattresses generated in the state.
g) Provisions for a financial mechanism for implementing
the plan.
4)On and after August 1, 2014, prohibits a manufacturer or
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retailer from selling or offering for sale a mattress to any
person unless the manufacturer is in compliance with the Act.
5)Requires CalRecycle to maintain a list on its Web site of
manufacturers that are in compliance with the Act.
6)Requires a manufacturer that submits a final plan to pay a
quarterly 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.
7)By April 1, 2015, and annually thereafter, requires
manufacturers to submit a report to CalRecycle relating to the
implementation of the plan, as specified.
8)Authorizes CalRecycle to impose 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."
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has one-time costs of approximately
$100,000 to develop and adopt the administrative fee amount,
develop a database of mattress manufacturers and retailers, and
establish other implementation procedures and systems. This
bill would also result in ongoing costs of approximately
$300,000 to $400,000 to CalRecycle to review plans and determine
and their compliance with the bill's requirements and to enforce
the Act. This bill would result in fee revenue to CalRecycle
roughly equivalent to these costs. This bill would additionally
result in penalty revenue of an unknown amount. (Special fund)
COMMENTS : 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
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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
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
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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% 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,
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. There are 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.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
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