Bill Text: NY A06436 | 2023-2024 | General Assembly | Amended
Bill Title: Enacts a mattress collection program; requires mattress producers to establish a plan for the convenient and cost-effective recycling of used mattresses.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-06-03 - reported referred to rules [A06436 Detail]
Download: New_York-2023-A06436-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6436--B 2023-2024 Regular Sessions IN ASSEMBLY April 6, 2023 ___________ Introduced by M. of A. PAULIN, COLTON, OTIS, L. ROSENTHAL -- read once and referred to the Committee on Environmental Conservation -- recom- mitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to establishing a mattress collection program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 34 to read as follows: 3 TITLE 34 4 MATTRESS COLLECTION PROGRAM 5 Section 27-3401. Definitions. 6 27-3403. Producer plan. 7 27-3405. Producer responsibilities. 8 27-3407. Retailer responsibilities. 9 27-3409. Department responsibilities. 10 27-3411. Mattress collection program advisory board. 11 27-3413. Enforcement and penalties. 12 27-3415. Rules and regulations. 13 § 27-3401. Definitions. 14 As used in this title: 15 1. "Brand" means a name, symbol, word, or mark that attributes the 16 product to the owner or licensee of the brand as the producer. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10633-19-4A. 6436--B 2 1 2. "Collection site" means a permanent location in the state at which 2 a consumer may discard mattresses. 3 3. "Consumer" means a person located in the state who purchases, owns, 4 leases, or uses mattresses, including but not limited to an individual, 5 a business, corporation, limited partnership, not-for-profit corpo- 6 ration, the state, a public corporation, public school, school district, 7 private or parochial school or board of cooperative educational services 8 or governmental entity, but does not include a retailer or person that 9 acquires a mattress solely for purposes of recycling. 10 4. "Discarded mattress" means a mattress that a consumer has used and 11 discarded in the state. 12 5. "Energy recovery" means the process by which all or a portion of 13 solid waste materials are processed or combusted in order to utilize the 14 heat content or other forms of energy derived from such solid waste 15 materials. 16 6. (a) "Mattress" means any resilient material, or combination of 17 materials that is enclosed by ticking, used alone or in combination with 18 other products, and that is intended for or promoted for sleeping upon. 19 Mattress includes any foundation and any used mattress. For the purposes 20 of this title, a "foundation" means a ticking-covered structure used to 21 support a mattress or sleep surface. A foundation may include 22 constructed frames, foam, box springs, or other materials, used alone or 23 in combination. 24 (b) Mattress shall not include: 25 (i) an unattached mattress pad or mattress topper that is intended to 26 be used with, or on top of a mattress; 27 (ii) a crib or bassinet mattress or car bed; 28 (iii) juvenile products, including: a carriage, basket, dressing 29 table, stroller, playpen, infant carrier, lounge pad, crib bumper, and 30 the pads for those juvenile products; 31 (iv) a product containing liquid- and gaseous-filled ticking, includ- 32 ing a waterbed and air mattress that does not contain upholstery materi- 33 al between the ticking and the mattress core; or 34 (v) a fold-out sofa bed or futon. 35 7. "Producer" means any person who manufactures or renovates mattress- 36 es that are sold, offered for sale, or distributed to a consumer in this 37 state. "Producer" includes: 38 (a) the owner of a trademark or brand under which a mattress is sold, 39 offered for sale, or distributed in this state, whether or not such 40 trademark or brand is registered in the state; and 41 (b) any person who imports a mattresses into the United States that is 42 sold or offered for sale in the state and that is manufactured by a 43 person who does not have a presence in the United States. 44 8. "Recycle" means to separate, dismantle or process the materials, 45 components or commodities contained in mattresses for the purpose of 46 preparing the materials, components or commodities for use or reuse in 47 new products or components. "Recycle" does not include: 48 (a) energy recovery or energy generation by any means, including but 49 not limited to, combustion, incineration, pyrolysis, gasification, 50 solvolysis, or waste to fuel; 51 (b) any chemical conversion process; or 52 (c) landfill disposal. 53 9. "Recycler" means a person that engages in recycling. 54 10. "Recycling rate" means the percentage of discarded mattresses that 55 is managed through recycling or reuse, as defined by subdivisions eight 56 and thirteen of this section, and is computed by dividing the amount ofA. 6436--B 3 1 discarded mattresses collected and recycled or reused by the estimated 2 total amount of discarded mattresses generated over a program year. 3 11. "Representative organization" means a not-for-profit organization 4 established by a producer or group of producers to implement the 5 mattress collection program. 6 12. "Retailer" means any person who sells or offers for sale a 7 mattress to a consumer in the state. 8 13. "Reuse" means donating or selling a discarded mattress back into 9 the market for its original intended use, when the discarded mattress 10 retains its original performance characteristics and can be used for its 11 original purpose. 12 14. "Sale" or "sell" means a transfer of title to a mattress for 13 consideration, including a remote sale conducted through a sale outlet, 14 catalog, website, by telephone or through similar electronic means. 15 "Sale" or "sell" includes a lease through which a mattress is provided 16 to a consumer in the state by a producer or retailer. 17 15. "Ticking" means the outermost layer of fabric or materials of a 18 mattress. Ticking does not include any layer of fabric or material 19 quilted together with, or otherwise attached to the outermost layer of 20 fabric or material of a mattress. 21 16. "Upholstery material" means all material loose or attached between 22 the ticking and the core of the mattress. 23 § 27-3403. Producer plan. 24 1. No later than December thirty-first, two thousand twenty-six, a 25 producer, either individually or cooperatively with one or more produc- 26 ers, or a representative organization shall submit to the department for 27 the department's approval a plan for the establishment of a mattress 28 collection program that meets the collection requirements described in 29 this section. 30 2. A producer may satisfy the mattress collection program requirement 31 of this section by agreeing to participate collectively with other 32 producers. Any such collective mattress collection program shall notify 33 the department. 34 3. A producer or representative organization shall update the plan, as 35 needed, when there are changes proposed to the current program. A new 36 plan or amendment will be required to be submitted to the department for 37 approval when: 38 (a) there is a revision of the program's goals; or 39 (b) every three years from the date of approval of a previous plan. 40 4. The plan submitted by the producer or representative organization 41 to the department under this section shall, at a minimum, provide: 42 (a) A list of each participating provider and brands covered by the 43 program; 44 (b) Information on the products covered by the program; 45 (c) A description of how the producer or representative organization 46 will collect, transport, recycle, and process discarded mattresses; 47 (d) (1) i. A description of how the producer or representative organ- 48 ization shall provide for a convenient and cost-effective collection of 49 discarded mattresses, which may include, using existing public and 50 private waste collection channels and collection sites in the state 51 pursuant to voluntary agreements. Such description shall also include a 52 description of how the program will achieve within a reasonable period 53 of time a minimum convenience goal which ensures that all counties of 54 the state shall have at least one collection site, and within two years 55 after the program approval, not less than seventy percent of the state's 56 residents will live within a fifteen mile radius of a collection site,A. 6436--B 4 1 and within three years after the program approval, not less than eighty 2 percent of the state's residents will live within a fifteen mile radius 3 of a collection site. 4 ii. Provided, however, that with respect to a city or county having a 5 population of one million or more, a convenience goal shall be estab- 6 lished for that city or county. In the case of a city, the convenience 7 goal shall be proposed after consultation with the department of sanita- 8 tion of such city. In the case of a county, the convenience goal shall 9 be proposed after consultation with an agency designated by the county 10 executive. Such proposed city and county convenience goals shall be 11 submitted to the department, which may approve, modify, or otherwise 12 establish alternative convenience goals. 13 (2) To meet these convenience goals, the producer or representative 14 organization shall: 15 i. Enter into voluntary agreements to establish collection sites at 16 public and private solid waste facilities; transfer stations; landfills; 17 recyclables handling and recovery facilities that are permitted or 18 registered with the department; or other suitable sites for the 19 collection of discarded mattresses; 20 ii. Provide mattress storage containers at no cost to a participating 21 collection site described in clause i of this subparagraph; 22 iii. Negotiate mutually agreed upon voluntary agreements with partic- 23 ipating collection sites described in clause i of this subparagraph that 24 provide for reasonable compensation for the actual costs these 25 collection sites incur to handle, store, and transport discarded 26 mattresses for recycling; 27 iv. For collection sites as described in clause i of this subpara- 28 graph, and other entities such as healthcare facilities, educational 29 facilities, military facilities, junk haulers, hotels and motels that 30 provide transient lodging, and other facilities that periodically 31 replace mattresses that they own or use, and who have collected at least 32 one hundred recyclable mattresses for recycling, provide at its expense 33 an appropriate storage container, transportation from a collection point 34 to a recycler, and services to recycle the mattresses; and 35 v. Enter into voluntary agreements with retailers that pick up or 36 accept mattresses from consumers upon the purchase of a new mattress for 37 recycling; 38 (e) The names and locations of collection sites, transporters, and 39 recyclers who will manage discarded mattresses delivered to collection 40 sites at the time of plan submission; 41 (f) A description of how the discarded mattresses will be safely and 42 securely transported, tracked, and handled from collection sites through 43 final recycling and processing; 44 (g) A description of the methods to be used to reuse or recycle 45 discarded mattresses to ensure that the components, to the extent feasi- 46 ble, are transformed or remanufactured into finished products for use; 47 (h) A description of the methods to be used to manage or dispose of 48 discarded mattresses that cannot be recycled or reused; 49 (i) A detailed description of the outreach and educational materials 50 that must be provided to consumers, retailers, collection sites, and 51 transporters of discarded mattresses, and how such outreach will be 52 evaluated for effectiveness; 53 (j) A description of how the program will meet annual performance 54 goals, including collection, recycling, and reuse rates, as determined 55 by the department through rules and regulations, provided that at a 56 minimum, the program shall achieve the following recycling rates:A. 6436--B 5 1 (i) a forty percent recycling rate of mattresses by three years after 2 the plan is approved by the department pursuant to section 27-3409 of 3 this title; 4 (ii) a fifty-five percent recycling rate of mattresses by seven years 5 after the plan is approved by the department pursuant to section 27-3409 6 of this title; 7 (iii) a seventy percent recycling rate of mattresses by ten years 8 after the plan is approved by the department pursuant to section 27-3409 9 of this title; 10 (k) A description of what, if any, incentives will be used to encour- 11 age retailer participation; 12 (l) A description of the outreach and education methods that will be 13 used to encourage municipal landfill and transfer station participation; 14 and 15 (m) any other information required by the department to implement the 16 program. 17 § 27-3405. Producer responsibilities. 18 1. Beginning six months after the plan is approved under subdivision 19 four of section 27-3409 of this title, the producer or representative 20 organization shall implement the mattress collection program utilizing 21 collection sites pursuant to paragraph (d) of subdivision four of 22 section 27-3403 of this title. 23 2. A producer shall not sell, or offer for sale, a mattress to any 24 person in the state unless the producer is implementing or participating 25 under an approved plan. 26 3. The program shall be free to the consumer, convenient and adequate 27 to serve the needs of consumers in all areas of the state on an ongoing 28 basis. 29 4. A producer or representative organization shall maintain records 30 demonstrating compliance with the provisions of this title and make them 31 available for audit and inspection by the department for a period of 32 three years. The department shall make such audit records available to 33 the public upon request in accordance with the provisions of the state 34 freedom of information law and the regulations promulgated thereunder, 35 provided that confidential or business proprietary records shall be 36 exempt from this provision. Record holders shall submit the records 37 required to comply with the request within sixty working days of written 38 notification by the department of receipt of the request. 39 5. A producer or representative organization shall be responsible for 40 all costs associated with the implementation of the mattress collection 41 program. A producer or representative organization shall pay costs 42 incurred by the state in the administration and enforcement of this 43 title. Exclusive of fines and penalties, the state shall only recover 44 its actual direct cost of administration and enforcement. 45 6. Any person who becomes a producer on or after December thirty- 46 first, two thousand twenty-six shall submit a plan to the department, or 47 notify the department that it has joined an existing plan, prior to 48 selling or offering for sale in the state any mattress, and shall comply 49 with the requirements of this title. 50 7. Within eighteen months following approval of the producer plan, and 51 annually thereafter, a producer or representative organization shall 52 submit a report to the department that includes, for the previous 53 program calendar year, a description of the program including, but not 54 limited to the following: 55 (a) a detailed description of the methods used to collect, transport, 56 and process discarded mattresses in the state, including detailingA. 6436--B 6 1 collection methods made available to consumers and an evaluation of the 2 program's collection convenience; 3 (b) identification of all collection sites in the state; 4 (c) the estimated weight of all discarded mattresses collected, recy- 5 cled, or reused pursuant to the mattress collection program; 6 (d) an evaluation of whether the performance goals and recycling rates 7 have been achieved; 8 (e) the estimated weight of discarded mattresses and any component 9 materials that were collected pursuant to the collection program, but 10 not recycled; 11 (f) the total cost of implementing the program; 12 (g) samples of all educational materials provided to consumers and a 13 detailed list of efforts undertaken and an evaluation of the methods 14 used to disseminate such materials including recommendations, if any, 15 for how the educational component of the program can be improved; and 16 (h) any other information required by the department that is relevant 17 to the requirements of this title. 18 8. Each producer or representative organization shall submit an annual 19 report to the department as provided for in subdivision seven of this 20 section that assesses compliance with performance goals and describes 21 any modifications necessary to achieve such goals. 22 9. (a) A producer or representative organization shall not be liable 23 for any claim of a violation of antitrust, restraint of trade, or unfair 24 trade practice arising from an action undertaken, in accordance with a 25 mattress collection program approved by the department, solely to 26 increase the collection and recycling of mattresses, which affects the 27 types and quantities being collected and recycled or the cost and struc- 28 ture of such collection program that the producer or representative 29 organization is participating in pursuant to this title. 30 (b) Provided, however, paragraph (a) of this subdivision shall not 31 apply to any agreement establishing or affecting the price or output of 32 mattresses or restricting the geographic area or customers to which 33 mattresses will be sold. 34 § 27-3407. Retailer responsibilities. 35 1. Beginning December thirty-first, two thousand twenty-seven, no 36 retailer may sell or offer for sale mattresses in this state unless the 37 producer of such mattresses is participating in a mattress collection 38 program. A retailer shall be in compliance with this section if, on the 39 date the mattresses were ordered from the producer or its agent, the 40 producer was listed on the department's website as implementing or 41 participating in an approved program. 42 2. Any retailer may participate, on a voluntary basis, as a designated 43 collection site pursuant to a mattress collection program and in accord- 44 ance with all applicable laws and regulations. 45 § 27-3409. Department responsibilities. 46 1. The department shall maintain a list of producers, including a list 47 of such producers' brands, who are participating under a department 48 approved plan and post such list on the department's website. 49 2. The department shall post on its website the location of all 50 collection sites identified to the department by the producer in its 51 annual reports. 52 3. The department shall post on its website each producer plan 53 approved by the department. 54 4. Within ninety days after receipt of a proposed plan or plan amend- 55 ment, the department shall approve or reject such plan or plan amendment 56 based on whether such proposed plan or plan amendment satisfactorilyA. 6436--B 7 1 meets the requirements of subdivision four of section 27-3403 of this 2 title. If the plan or plan amendment is approved, the department shall 3 notify the producer or representative organization in writing. If the 4 department rejects the plan or plan amendment, the department shall 5 notify the producer or representative organization in writing stating 6 the reason for rejecting the plan or plan amendment. A producer or 7 representative organization whose plan is rejected shall submit a 8 revised plan to the department within thirty days of receiving a notice 9 of rejection. If the producer or representative organization fails to 10 submit a plan that is acceptable to the department because it does not 11 meet the requirements of subdivision four of section 27-3403 of this 12 title, the department shall modify a submitted plan to make it conform 13 to the requirements of such subdivision and approve it. 14 5. The department shall submit a report regarding the implementation 15 of this title in this state to the governor and legislature by April 16 first, two thousand twenty-eight and every two years thereafter. The 17 report shall include, at a minimum, an evaluation of: 18 (a) The stream of mattresses in the state; 19 (b) Disposal, recycling, and reuse rates in the state of mattresses; 20 (c) A discussion of compliance and enforcement related to the require- 21 ments of this title; and 22 (d) Recommendations for any changes to this title. 23 § 27-3411. Mattress collection program advisory board. 24 1. There is hereby established within the department a mattress 25 collection program advisory board to make recommendations to the commis- 26 sioner regarding producer plans required by this title. 27 2. The board shall be composed of twelve voting members. Such members 28 shall include: 29 (a) One representative of mattress producers; 30 (b) Two representatives of mattress retailers; 31 (c) One representative of mattress recyclers; 32 (d) Two representatives of mattress collectors; 33 (e) One representative of a company that utilizes discarded mattresses 34 to manufacture a new product; 35 (f) One representative from a statewide environmental organization; 36 (g) One representative from a statewide waste disposal association; 37 (h) One representative from the New York product stewardship council; 38 (i) One representative from a consumer organization; and 39 (j) One representative from a statewide recycling organization. 40 3. The members shall be appointed as follows: 41 (a) Two members to be appointed by the temporary president of the 42 senate; 43 (b) Two members to be appointed by the speaker of the assembly; 44 (c) One member to be appointed by the minority leader of the senate; 45 (d) One member to be appointed by the minority leader of the assembly; 46 and 47 (e) Six members to be appointed by the governor. 48 4. Such appointments shall be made no later than sixty days following 49 the date on which this title takes effect. The members shall designate a 50 chair from among the members by majority vote. Board members shall 51 receive no compensation but shall be entitled to their necessary and 52 actual expenses incurred in the performance of their board duties. 53 5. The board shall meet at least annually by call of the chair. 54 § 27-3413. Enforcement and penalties. 55 Any producer, representative organization, or retailer who violates 56 any provision of or who fails to perform any duty imposed pursuant toA. 6436--B 8 1 this title shall be liable for a civil penalty not to exceed five 2 hundred dollars for each violation and an additional penalty of not more 3 than five hundred dollars for each day during which such violation 4 continues. Civil penalties under this section shall be assessed by the 5 department after a hearing or opportunity to be heard pursuant to the 6 provisions of section 71-1709 of this chapter. 7 § 27-3415. Rules and regulations. 8 The department is hereby authorized to promulgate any rules and regu- 9 lations necessary to implement this title. 10 § 2. Section 71-1701 of the environmental conservation law is amended 11 to read as follows: 12 § 71-1701. Applicability of this title. 13 This title shall be applicable to the enforcement of titles 1 through 14 11 and titles 15 through 19 of article 17; article 19; and [title] 15 titles 1 and 34 of article 27 of this chapter. 16 § 3. Section 71-1701 of the environmental conservation law, as amended 17 by chapter 795 of the laws of 2022, is amended to read as follows: 18 § 71-1701. Applicability of this title. 19 This title shall be applicable to the enforcement of titles 1 through 20 11 and titles 15 through 19 of article 17; article 19; and titles 1 21 [and], 33 and 34 of article 27 of this chapter. 22 § 4. This act shall take effect immediately; provided, however, the 23 amendments to section 71-1701 of the environmental conservation law made 24 by section three of this act shall take effect on the same date and in 25 the same manner as section 2 of chapter 795 of the laws of 2022, takes 26 effect.
