BILL ANALYSIS �
SB 1274
Page 1
Date of Hearing: June 23, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1274 (Hancock) - As Amended: June 16, 2014
SENATE VOTE : 35-0
SUBJECT : Recycling: used mattresses
SUMMARY : This bill makes technical and clarifying changes to
the Used Mattress Recovery and Recycling Act (Act).
EXISTING LAW :
1)Establishes a state policy goal that not less than 75 percent
of solid waste generated be source reduced, recycled, or
composted by the year 2020.
2)Establishes the Act and requires a mattress recycling
organization to develop and implement a manufacturer and
retailer stewardship plan for a program to recover and recycle
used mattresses.
3)Prohibits retailers, manufacturers, and renovators from
selling or distributing mattresses in the state that are not
in compliance with the Act.
4)On or before July 1, 2015, requires an organization to submit
a plan to the Department of Resources Recycling and Recovery
(CalRecycle) to approve, conditionally approve, or disapprove
the plan.
5)Requires the organization to develop a used mattress recycling
program budget annually.
6)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.
7)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.
SB 1274
Page 2
8)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)Revises the definition of "solid waste facility" to have the
same meaning as the term is used in the California Integrated
Waste Management Act, 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, if that facility accepts used mattresses
from the public under its normal operating conditions.
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 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
SB 1274
Page 3
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 90
days after CalRecycle's approval of the plan.
10)Changes the due date of the annual report from July 1, 2017
to May 1, 2017, and specifies that the report be submitted to
CalRecycle and to the organization.
11)Makes technical and clarifying changes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill has
negligible state costs.
COMMENTS :
1)Background on 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." According to CalRecycle
SB 1274
Page 4
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 percent of the material is recyclable and that
mattress recycling would create approximately 100 new jobs.
The California State Association of Counties, League of
California Cities, and the former California Integrated Waste
Management Board (now CalRecycle) requested county
administrative officers and city managers to participate in a
June 2006 survey on illegal dumping and litter abatement.
According to the survey, local government abatement and
enforcement costs were approximately $44 million based on
responses from 35 counties and 37 cities, so the true cost is
likely considerably higher. The California Department of
Transportation spends approximately $55 million annually for
highway cleanups.
Mattresses and box springs can be recycled or renovated for
reuse. Over 120,000 mattresses and box springs are recycled
annually by one recycler operating in California and Oregon.
The mattresses are cut open and separated into various
components, including cotton, foam, wood and steel. Through
this method, 85 to 90 percent 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.
Renovating 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 and foam
is placed over the springs, and new mattress ticking is added.
2)Prior legislation . In response to the issues associated with
mattress disposal, 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.
In signing SB 254, Governor Brown issued a signing message,
which stated:
SB 1274
Page 5
?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.
3 This bill . SB 1274 addresses the issues raised by Governor
Brown in his signing message for SB 254 (Hancock and Correa),
Chapter 388, Statutes of 2013 and contains related technical
and clarifying changes.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees,
AFL-CIO
City of Thousand Oaks
International Sleep Products Association
Opposition
None on file
Analysis Prepared by Elizabeth MacMillan / NAT. RES. / (916)
319-2092