BILL ANALYSIS �
SB 1118
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 1118
AUTHOR: Hancock
AMENDED: August 31, 2012
FISCAL: Yes HEARING DATE: August 31,
2012
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : PRODUCT STEWARDSHIP: MATTRESSES
SUMMARY :
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. (Public Resources Code �41780). It is a
policy goal of the state that not less than 75% of solid
waste be source reduced, recycled, or composted by 2020,
and annually thereafter. (Public Resources Code
�41780.01).
2) Pursuant to the Dry Cell Battery Management Act,
establishes requirements for the production and labeling of
consumer products with dry cell batteries and sets limits
for the amount of mercury in those batteries. (�15000 et
seq.).
3) Pursuant to the Rechargeable Battery Recycling Act,
establishes a mandatory take-back program for rechargeable
batteries at retail locations. (�42451 et seq.).
4) Pursuant to the Product Stewardship for Carpets Program,
requires manufacturers of carpet sold in California to
submit a carpet product stewardship plan to the Department
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of Resources Recycling and Recovery (DRRR) that
demonstrates how it will manage its waste carpet. (�42970
et seq.).
5) Pursuant to the Architectural Paint Recovery Program,
requires architectural paint manufacturers to develop and
implement a program to manage waste latex paint. (�48700
et seq.).
6) Pursuant to the Mercury Thermostat Collection Act of 2008,
requires manufacturers of mercury-added thermostats sold in
this state before January 1, 2006, to establish and
maintain a collection, transportation, recycling, and
disposal program for out-of-service mercury-added
thermostats. (Health and Safety Code �25214.8.10 et seq.).
This bill, as approved by the Senate , enacts the Used Mattress
Law under the California Integrated Waste Management Act of
1989 (Public Resources Code �42985 et seq.) that:
1)Requires a mattress manufacturer, on and after July 1, 2013,
to establish and implement a program to do all of the
following:
a) Provide and arrange for pickup of used mattresses
bearing the manufacturer's brand name from a person at no
cost to the consumer.
b) Provide and arrange for pickup of used mattresses at
the request of a public agency at no cost to the public
agency.
c) Ensure that the used mattresses are recycled to the
maximum extent feasible.
2)Authorizes a manufacturer or retailer to recover its costs
of implementing the above program by incorporating a charge
into the mattress purchase price.
3)Requires a mattress retailer, on and after July 1, 2013, in
coordination with the manufacturer, to provide or arrange
for pickup of a used mattress from a consumer purchasing a
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new mattress.
4)Authorizes a mattress manufacturer, in lieu of establishing
and implementing the above programs, to voluntarily remit a
mattress recovery and recycling payment to DRRR for each
mattress sold by the manufacturer in the state. DRRR must
establish the payment amount at an amount to cover DRRR's
costs of implementing the program. Moneys collected must be
deposited into a Mattress Recovery and Recycling Account, to
be established in the Integrated Waste Management Fund, and
expended by DRRR upon appropriation by the Legislature to
implement a program to facilitate recovery and recycling of
used mattresses.
5)Provides definitions for certain terms (e.g.,
"manufacturer," "mattress," "retailer").
Assembly amendments (August 31, 2012 version of this bill) and
the basis for referral back to the Committee on Environmental
Quality pursuant to Senate Rule 29.10 , cites the requirements
as the Used Mattress Recovery and Recycling Act to:
1) Require a manufacturer of mattresses sold in California to
individually, collectively, or through a stewardship
program, provide an interim plan to DRR in an electronic
format ensuring that the manufacturer will be responsible
for the collection and recycling of used mattresses, and
sets related requirements for picking up mattresses. A
manufacturer must implement the interim plan on and after
July 1, 2013, and continue implementation until the plan is
approved, conditionally approved, or disapproved by DRRR.
(Public Resources Code �42987).
2) Requires a manufacturer to submit a mattress stewardship
plan to the department by April 1, 2014, that meets certain
elements (e.g., program activities achieve specified
mattress recycling goals, existing and planned used
mattress take-back sites, program objectives, arrangement
for pick-up, education and outreach efforts). (�42988).
3) Requires DRR to review the stewardship plan and approve,
disapprove, or conditionally approve the plan within 90
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days of receipt; and sets requirements if DRRR disapproves
the plan. (�42989).
4) Requires a retailer on and after July 1, 2013, to offer a
consumer the option to have a used mattress picked up for
recovery at the time of delivery, at no additional cost.
(�42990).
5) Requires a manufacturer, on or before April 1, 2015, and
each year thereafter, to submit a report to DRRR describing
stewardship efforts, that must include certain matters
(e.g., quantitative information; calculation of plan's
progress; total volume, number, and weight of used
mattresses collected, recycled, renovated, and reused;
description of methods used to collect, transport, and
process used mattresses). This reporting may be submitted
individually, collectively, or through a stewardship
organization. (�42991).
6) Prohibits a manufacturer or retailer from selling a
mattress to any person unless the manufacturer complies
with the Act, and sets requirements for DRRR to post
certain related information on its Internet website.
(�42992).
7) Sets reporting requirements for a mattress recycler.
(�42993).
8) Sets additional requirements for a manufacturer and a
mattress stewardship program relating to records and
disciplinary actions. (�42994).
9) Requires each manufacturer to pay DRRR a quarterly
administrative fee to cover DRRR's costs of administering
and enforcing the Act (and includes matters from the bill
approved by the Senate relating to creating an account and
Fund). (�42995).
10)Sets specified administrative civil penalties and requires
DRRR or the Court to consider certain matters in assessing
or reviewing a civil penalty amount. (�42996). Additional
requirements are specified relating to violations of other
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laws. (�42998).
11)Authorizes DRRR to take certain actions to ensure
compliance with the Act (e.g., revoke plan approval, remove
manufacturer from DRRR's Internet website and list of
compliant manufacturers). (�42997).
12)Contains definitions for various terms. (�42986).
13)Contains related legislative intent. 9�42985).
COMMENTS :
1)Purpose of Bill . According to the author, SB 1118 "seeks to
address the issue of illegal dumping of mattresses. As an
example, the city of Oakland currently picks up
approximately 18 to 35 illegally-dumped mattresses per day.
Oakland believes that the annual cost of municipal
operations to pick up and dispose of these mattresses is
$501,355."
2)Illegal dumping and used mattress issues . According to
DRRR, illegal dumping is the act of disposing of solid waste
at a location that is not a permitted solid waste disposal
facility and is usually done for economic gain - posing
significant social, environmental, and economic impacts
throughout the state.
The California State Association of Counties, League of
California Cities, and California Integrated Waste
Management Board requested county administrative officers
and city managers to participate in a June 2006 survey on
illegal dumping and litter abatement. An annual local
government abatement and enforcement cost of $44 million is
based on responses from 35 counties and 37 cities, so the
cost is likely to be considerably higher. The California
Department of Transportation incurs a $55 million annual
cost for highway cleanups.
According to DRRR, local governments tend to "view illegal
dumping as a litter/nuisance abatement issue, rather than a
solid waste issue. Local responses vary greatly statewide,
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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."
DRRR also notes that it is "responsible for investigation,
cleanup, and enforcement of illegal solid waste disposal
sites and shares this responsibility with local enforcement
agencies (LEA)." DRRR also established a state and local
Illegal Dumping Technical Advisory Committee (IDTAC) to
assess the extent of the illegal dumping problem and make
recommendations to DRRR to "enhance the effectiveness of
local and regional responses to the problem."
At the IDTAC December 14, 2011, meeting, 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/day, haul them to their
corporation yard, place them in a Waste Management dumpster,
and WM 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." Minutes of the
meeting note that: a) a large percentage of mattress
material can be recycled, b) Senator Hancock has expressed
an interest in carrying legislation on mattresses, c) the
concept of building the pickup and disposal costs into the
franchise fee was discussed, d) the concept of integrating
the pickup service into the service rates was discussed, and
e) the need for data on costs for collection and disposal of
illegally dumped mattresses was discussed.
Minutes for the IDTAC December 14, 2011, meeting indicate that
the DRRR staff will contact IDTAC members to identify
existing data available in their jurisdictions on mattresses
including: a) cost estimates for public and private
collection and disposal of waste mattresses, b) number of
illegally dumped waste mattresses collected in a given time
period, c) estimated number of waste mattresses collected at
transfer stations or landfills in a given time period, d)
number of mattresses recycled versus incorporated into a
landfill, and e) availability of mattress recycling
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companies in the geographical area and the per unit charge
for transporting and recycling mattresses.
3)Recycling and remanufacturing mattresses . 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.
SOURCE : Senator Hancock
SUPPORT : Californians Against Waste, Environment
California, Sunnyvale
OPPOSITION : American Cleaning Institute, California
Independent Oil Marketers Association,
California Manufacturers & Technology
Association, Consumer Specialty Products
Association, International Sleep Products
Association, Grocery Manufacturers Association,
National Federation of Independent Business,
Product Management Alliance, Western Home
Furnishings Association
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