BILL ANALYSIS �
SB 1274
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: SB 1274
AUTHOR: Hancock and Correa
AMENDED: March 24, 2014
FISCAL: Yes HEARING DATE: April 2, 2014
URGENCY: No CONSULTANT: Joanne Roy
SUBJECT : RECYCLING: USED MATTRESSES
SUMMARY :
Existing law :
1) Makes a legislative declaration that it is the policy goal
of the state that not less than 75% of solid waste
generated be source reduced, recycled, or composted by the
year 2020.
2) Establishes the Used Mattress Recovery and Recycling Act
(Act) and requires a mattress recycling organization to
develop and implement a manufacturer and retailer
stewardship program to recover and recycle used mattresses.
a) Prohibits retailers, manufacturers, and renovators
from selling or distributing mattresses in the state
that are not in compliance with the Act.
b) On or before July 1, 2015, requires the organization
to submit a plan to the Department of Resources
Recycling and Recovery (CalRecycle) to approve,
conditionally approve, or disapprove the plan.
c) Requires the organization to develop a used mattress
recycling program budget annually.
d) Requires the organization to establish a "mattress
recycling charge" to be added to the purchase price of a
mattress. Specifies that the charge be sufficient to
fund the organization's requirements under the bill.
SB 1274
Page 2
e) Establishes civil penalties for violation of the
Act's requirements not to exceed $500 per day, and up to
$5,000 per day for intentional, knowing, or reckless
violations.
f) Defines "solid waste facility," for purposes of the
Act, as a facility that accepts, under its normal
operating conditions, used mattresses from the public
for collection, storing, and handling, whether for
recycling or disposal.
This bill :
1) Changes the definition of "solid waste facility" to have
the same meaning as the term is used in the California
Integrated Waste Management Act of 1989, which defines
"solid waste facility" as a solid waste transfer or
processing station, a composting facility, a gasification
facility, a transformation facility, an engineered
municipal solid waste conversion facility, and a disposal
facility.
2) Prohibits CalRecycle from disclosing any confidential
proprietary information in an audit conducted by the
department or annual report submitted by recyclers and
renovators.
3) Adds authorized solid waste operations as eligible for
participation in the mattress recycling program and
reimbursement.
4) Adds a recycler, renovator, and authorized solid waste
operation to authorized used mattress drop off points for
individuals at no additional charge.
5) Changes the reimbursement amount paid to mattress
recyclers, solid waste facilities, and solid waste
operations from "a reasonable amount" to "an amount
determined by an agreement between the mattress recycling
organization and those facilities to be reasonable."
6) Authorizes CalRecycle to impose civil penalties against
distributors and take enforcement actions against
SB 1274
Page 3
distributors and recyclers.
7) Deletes the authorization for the expenditure of penalties
to offset costs incurred by the department.
8) Clarifies that CalRecycle is prohibited from adopting
emergency regulations with regard to any other provision of
the Act other than the authorized adoption of emergency
regulations relating to the used mattress recovery and
recycling plan and program budget.
9) Requires a manufacturer, renovator, retailer, or
distributor that sells a mattress to a consumer to add the
charge to the purchase price of the mattress and remit the
charge collected to the organization beginning 90 days
after the date CalRecycle approves the organization's
budget instead of CalRecycle's approval of the plan.
10)Makes technical and clarifying changes.
COMMENTS :
1) Purpose of Bill . According to the author, SB 1274 "seeks
to address the concerns expressed by Governor Jerry Brown
in the signing statement provided by SB 254 (Hancock and
Correa), which enacted the Used Mattress Recovery and
Recycling Act. The [Act] requires manufacturers of
mattresses sold in this state to develop, finance, and
implement a convenient and cost-effective program to
collect and recycle used mattresses. [In his signing
message, the] Governor pointed out, in particular, concerns
with the limited scope of CalRecycle regulatory authority,
as well as the incentives in collecting fines from civil
penalties. These changes require statutory amendment and
are beyond the scope of the Department's regulatory
abilities."
This bill provides minor, technical clean-up language and
addresses the Governor's concerns raised in his signing
statement.
2) Governor's Signing Statement of SB 254 (Hancock and
Correa) . In his signing statement, Governor Brown states,
SB 1274
Page 4
"?due to the lack of specificity and ambiguous language
contained in the bill, I am directing the Department to
work with the authors of the bill in order to clarify their
intent through cleanup legislation next session. Of
particular concern is language that appears to limit the
regulatory authority of the Department and the requirement
that the Department reduce its administrative costs by the
amount of penalties it collects." The authors have worked
with CalRecycle in providing such clarification in SB 1274.
3) Related Legislation . SB 254 (Hancock and Correa), Chapter
388, Statutes of 2013, established the Used Mattress
Recovery and Recycling Act and required a mattress
recycling organization to develop and implement a
manufacturer and retailer stewardship program to recover
and recycle used mattresses.
SOURCE : Author
SUPPORT : None on file
OPPOSITION : None on file