BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1274|
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CONSENT
Bill No: SB 1274
Author: Hancock (D) and Correa (D)
Amended: 3/24/14
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/2/14
AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Fuller, Vacancy, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Recycling: used mattresses
SOURCE : Author
DIGEST : This bill defines a solid waste facility as including
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. Adds authorized solid waste operations as
eligible for participation in the mattress recycling program and
reimbursement.
ANALYSIS :
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.
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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.
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 Department of Resources Recycling and Recovery
(CalRecycle) from disclosing any confidential proprietary
information in an audit conducted by CalRecycle 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
distributors and recyclers.
7. Deletes the authorization for the expenditure of penalties
to offset costs incurred by CalRecycle.
8. Clarifies that CalRecycle is prohibited from adopting
emergency regulations with regard to any other provision of
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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
According to the author, this bill "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."
Prior legislation . SB 254 (Hancock and Correa, Chapter 388,
Statutes of 2013) established the Act and required a mattress
recycling organization to develop and implement a manufacturer
and retailer stewardship program to recover and recycle used
mattresses.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
RM:k 4/28/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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