Bill Text: CA SB1118 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Solid waste: used mattresses: recycling and recovery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-31 - In Senate. Concurrence in Assembly amendments pending. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10. From committee: Be re-referred to Com. on E.Q. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 5116.) Re-referred to Com. on E.Q. From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 5131.) Died on call. Senate refused to concur in Assembly amendments. [SB1118 Detail]

Download: California-2011-SB1118-Amended.html

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BILL NUMBER: SB 1118	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Hancock

                        FEBRUARY 17, 2012

    An act relating to solid waste.   An act to
add Chapter 21 (commencing with Section 42985) to Part 3 of Division
30 of the Public Resources Code, relating to solid waste. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1118, as amended, Hancock. Solid  waste: illegal
disposal.   waste: used mattress.  
   Existing law requires a retailer of various specified products,
such as rechargeable batteries and cell phones, sold in the state to
have in place a system for the acceptance and collection of those
products for reuse, recycling, or proper disposal.  
   This bill would require manufacturers of mattresses, on and after
July 1, 2013, to establish and implement a program to collect and
recycle used mattresses from consumers, as specified. The bill would
authorize the manufacturer, in lieu of establishing the program, to
remit, on a voluntarily basis, to the Department of Resources
Recycling and Recovery a payment of $25 for each mattress sold in the
state. The bill would require the moneys remitted to be deposited in
the Mattress Recovery and Recycling Account, which the bill would
establish in the Integrated Waste Management Fund. The bill would
require moneys in the account, upon appropriation by the Legislature,
to be expended by the department to implement a program to
facilitate the recovery and recycling of used mattresses. 

   Existing law prohibits a person from disposing of solid waste,
causing solid waste to be disposed, arranging for the disposal of
solid waste, transporting solid waste, or accepting solid waste for
disposal, except at a solid waste disposal facility for which a solid
waste facilities permit has been issued, or as otherwise authorized.
 
   This bill would declare the intention of the Legislature to enact
subsequent legislation to address the issue of the illegal disposal
of solid waste. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 21 (commencing with Section
42985) is added to Part 3 of Division 30 of the   Public
Resources Code   , to read:  
      CHAPTER 21.  USED MATTRESSES


   42985.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) (1) "Manufacturer" means a person who manufactures or
renovates a mattress that is sold, offered for sale, or distributed
in the state under that person's own name or brand.
   (2) Manufacturer includes either of the following:
   (A) The owner of a trademark or brand under which a mattress is
sold, offered for sale, or distributed in this state, whether or not
the trademark or brand is registered in this state.
   (B) A person who imports a mattress into the United States that is
sold or offered for sale in the state and that is manufactured or
renovated by a person who does not have a presence in the United
States.
   (b) "Mattress" means a large thick pad filled with resilient
material, including a pad incorporating coiled springs, used as a bed
or part of a bed, including, but not limited to, an inner spring
mattress, a foam mattress, and a box spring and mattress used in
conjunction with a futon frame.
   (c) "Recycling" means a process by which discarded products,
components, and byproducts are transformed into new, usable, or
marketable materials in a manner in which the original products may
lose their identity but does not include energy recovery or energy
generation by means of combusting discarded products, components, and
byproducts.
   (d) "Retailer" means a person who sells mattresses in the state or
offers to consumers mattresses in the state through any means,
including, but not limited to, by remote offering such as sales
outlets, catalogs, or offering through the Internet.
   (e) "Used mattress" means a mattress that is no longer wanted by
its owner and is discarded or is intended to be discarded.
   42985.1.  (a) Except as provided in Section 42985.2, on and after
July 1, 2013, a manufacturer shall establish and implement a program
to do all of the following:
   (1) Provide and arrange for the pickup of used mattresses bearing
the manufacturer's brand name from a person and, except as provided
in subdivision (c), at no cost to that consumer.
   (2) Provide and arrange for the pickup of used mattresses at the
request of a public agency at no cost to the public agency.
   (3) Ensure that the used mattresses are recycled to the maximum
extent feasible.
   (b) On and after July 1, 2013, a retailer, in coordination with a
manufacturer, shall provide or arrange for the pickup of a used
mattress from a consumer purchasing a new mattress, pursuant to
paragraph (1) of subdivision (a).
   (c) A manufacturer or retailer may recover its costs of
implementing the program established pursuant to subdivision (a) by
incorporating a charge into the purchase price of the mattress.
   42985.2.  (a) In lieu of establishing and implementing a program
pursuant to Section 42985.1, a manufacturer of a mattress may
voluntarily remit to the department a mattress recovery and recycling
payment of twenty-five dollars ($25) for each mattress sold by the
manufacturer in the state.
   (b) Moneys collected pursuant to subdivision (a) shall be
deposited into the Mattress Recovery and Recycling Account, which is
hereby established in the Integrated Waste Management Fund. Upon
appropriation by the Legislature, moneys in the account shall be
expended by the department to implement a program to facilitate the
recovery and recycling of used mattresses.  
  SECTION 1.    The Legislature declares its intent
to enact subsequent legislation to address the issue of the illegal
disposal of solid waste.