BILL ANALYSIS �
SB 1118
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 1118 (Hancock)
As Amended August 31, 2012
Majority vote
SENATE VOTE :21-17
APPROPRIATIONS 11-5 NATURAL RESOURCES 6-3
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|Ayes:|Gatto, Blumenfield, |Ayes:|Chesbro, Brownley, |
| |Bradford, | |Dickinson, Huffman, |
| |Charles Calderon, Campos, | |Monning, Skinner |
| |Davis, Fuentes, Hall, | | |
| |Hill, Cedillo, Mitchell | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, |Nays:|Knight, Grove, Halderman |
| |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, 2014, implement the provisions of the
plan, and achieve specified recycling goals. Specifically, this
bill :
1)Defines terms used in the Act, including:
a) "Manufacturer" as a person who manufactures a mattress
and who sells, offers for sale, or distributes the mattress
in the state under that person's name or brand, or the
owner or licensee of a trademark or brand under which the
mattress is sold or distributed in the state, whether or
not the trademark is registered;
b) "Mattress" as any resilient material or combination of
materials that is enclosed by a twin size or larger
mattress ticking, used alone or in combination with other
products, and that is intended or promoted for sleeping
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upon. Specifies that mattress includes a foundation or any
renovated mattress. Identifies items not included in the
definition of mattress;
c) "Recycler" as a person that engages in the separation of
mattresses to substantially recovery components and
commodities for the purpose of reuse or recycling;
d) "Renovate" or "renovation" as altering a mattress for
the purpose of resale, as specified;
e) "Retailer" as a person who sells mattresses in the state
through any means, but does not include Internet sales;
and,
f) "Stewardship organization" as a nonprofit organization
created by one or more manufacturers to act on behalf of
the manufacturer to prepare and implement the mattress
stewardship plan.
2)Requires, on or before April 1, 2013, a manufacturer
individually, collectively, or through a stewardship
organization, to electronically submit an interim plan to
CalRecycle. Requires that the interim plan include provisions
to ensure that when new mattresses are delivered to a
consumer, the consumer is given the option to have a used
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.
3)Requires the manufacturer to implement the initial plan by
July 1, 2013, and until the mattress stewardship plan is
implemented.
4)On or before April 1, 2014, requires a manufacturer
individually, collectively, or through a stewardship
organization, to submit a mattress stewardship plan to
CalRecycle. Requires that the stewardship plan include the
following:
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a) Existing and planned used mattress take-back sites or
collection locations, including estimated timelines for any
planned expansion;
b) Program objectives consistent with the state's solid
waste management hierarchy, including designing for source
reduction, repair, and recyclability, and a description of
activities to achieve program objectives;
c) Ensure that local governments and solid waste facilities
are provided with a mechanism for the recovery of illegally
dumped used mattresses at no additional cost;
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 or
refurbishment facility;
e) A program to ensure that used mattresses recovered by a
retailer are delivered to a recycling facility or solid
waste facility for recycling. As an alternative to this
requirement, allow a manufacturer to provide a retailer
with "extra vouchers" to provide to a consumer if, when
picking up a consumer's mattress, the mattress is infested
with a pest or contaminated so that it poses a
contamination risk. Policies to give priority to
facilities that are closest to the consumer or retailers;
and,
f) Provisions designed to meet the following recycling
rates:
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.
5)Specifies that the stewardship plan may not be funded by
collecting a fee from a consumer at the point of sale.
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6)Establishes requirements for CalRecycle relating review and
approval of the stewardship plan, and establishes procedures
that apply when a manufacturer or stewardship organization is
out of compliance with the plan.
7)Requires retailers of mattresses sold in the state, as
defined, to offer a consumer the option to have a used
mattress picked up for recovery at the time of delivery, at no
additional cost. However, the retailer may charge a delivery
fee.
8)On or before April 1, 2015, and annually thereafter, requires
a manufacturer or stewardship organization to submit a report
to CalRecycle describing the mattress stewardship efforts
taken pursuant to the plan, as described.
9)On or before April 1, 2015, and annually thereafter, requires
a person recycling or renovating mattresses to submit a report
to CalRecycle on the number of mattresses recycled or
renovated and the number of vouchers redeemed.
10)On and after August 1, 2014, 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.
11)Requires CalRecycle to maintain a list on its Web site of
manufacturers that are in compliance with the Act.
12)Requires a manufacturer or stewardship organization to
provide reasonable and timely access to facilities and records
associated with implementation of the plan.
13)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. Establishes the Mattress Recovery and
Recycling Account, into which the fees shall be deposited.
14)Authorizes CalRecycle to impose administrative civil
penalties for violations of the Act. The penalty is not to
exceed $500 per day, unless the violation is intentional,
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knowing, or negligent, in which case the fee is not to exceed
$5,000 per day. Penalty revenues shall be deposited into the
Mattress Recovery and Recycling Penalty Account.
15)Specify that certain actions undertaken to comply with the
bill are not a violation of the Cartwright Act, the Unfair
Practices Act, or the Unfair Competition Law.
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 will 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 will result in fee revenue to CalRecycle
roughly equivalent to these costs. This bill will additionally
result in penalty revenue of an unknown amount.
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
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
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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." According to CalRecycle information presented at
a meeting of the IDTAC, 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
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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. The committee was able to identify 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)
319-2092
FN: 0005846