BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1274|
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UNFINISHED BUSINESS
Bill No: SB 1274
Author: Hancock (D) and Correa (D)
Amended: 6/16/14
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
SENATE FLOOR : 35-0, 5/1/14 (Consent)
AYES: Anderson, Berryhill, Block, Cannella, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Knight, Lara, Leno, Lieu, Liu,
Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,
Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Beall, Calderon, Jackson, Wright, Yee
ASSEMBLY FLOOR : 77-0, 8/7/14 (Consent) - See last page for vote
SUBJECT : Recycling: used mattresses
SOURCE : Author
DIGEST : This bill provides technical and clarifying revisions
to the Used Mattress Recovery and Recycling Act (Act).
Assembly Amendments revise the definition of a solid waste
facility; change the due date of the annual report from July 1,
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2017 to May 1, 2017, and specify that the report be submitted to
the Department of Resources Recycling and Recovery (CalRecycle)
and to the organization; and make other clarifying and technical
changes.
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.
2. Establishes the 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. Revises the definition of "solid waste facility" to conform
to the Act.
2. Prohibits CalRecycle from disclosing any confidential
proprietary information in an audit conducted by CalRecycle
or annual report submitted by recyclers and renovators.
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.
3. Adds authorized solid waste operations as eligible for
participation in the mattress recycling program and
reimbursement.
4. Requires the plan to allow an individual to also drop off a
mattress at a recycler, renovator, authorized solid waste
operation, or other municipal facility that accepts
mattresses consistent with solid waste regulations. Requires
the payment amount to be determined as reasonable by the
municipal facility or solid waste facility or operation and
the mattress recycling organization.
5. Changes the reimbursement amount paid to mattress recyclers,
solid waste facilities, and solid waste operations from "a
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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 on
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
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
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and retailer stewardship program to recover and recycle used
mattresses.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 77-0, 8/7/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Fox, Vacancy
RM:k 8/8/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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