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 ASSEMBLY  JUNE 25, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  APRIL 25, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Hancock

                        FEBRUARY 17, 2012

   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: used 
mattresses.   mattresses: recycling and recovery. 
   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
also require a retailer, on and after July 1, 2013, in coordination
with a manufacturer, to provide or arrange for the pickup of a used
mattress from a consumer purchasing a new mattress. The bill would
authorize the manufacturer, in lieu of establishing the program, to
remit, on a voluntary basis, to the Department of Resources Recycling
and Recovery a mattress recovery and recycling payment for each
mattress sold in the state. The department would be required to
establish the mattress recovery and recycling payment at an amount
that is sufficient for, but does not exceed, the department's costs
of implementing a program to facilitate the recovery and recycling of
used mattresses. 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 that
program.  
   This bill would establish the Used Mattress Recovery and Recycling
Act and would require a manufacturer of mattresses sold in this
state, individually, collectively, or through a designated third
party, to submit a mattress recovery and recycling plan to the
Department of Resources Recycling and Recovery by April 1, 2013. The
bill would specify the requirements to be included in the plan,
including provisions for meeting specified recycling targets and
demonstrating achievement with those targets. The bill would require
the department to review the mattress recovery and recycling plan and
within 90 days of receipt to adopt a finding of the plan's
compliance or noncompliance with the act.  
   The bill would require a retailer of mattresses, on and after July
1, 2013, to offer the consumer the option of picking up an
equivalent used mattress, at the time of delivery, at no additional
cost to the consumer.  
   The bill would prohibit a manufacturer or retailer from selling or
offering for sale a mattress to any person in this state unless the
manufacturer is in compliance with this chapter.  
   The bill would require a manufacturer submitting a mattress
recovery and recycling plan to pay the department an annual
administrative fee, as determined by the department.  
   The bill would require these fees to be deposited into the
Mattress Recovery and Recycling Account, which the bill would
establish in the Integrated Waste Management Fund. The bill would
provide that the moneys in the account would be available for
expenditure by the department, upon appropriation by the Legislature.
 
   The bill would allow the department to impose an administrative
civil penalty in specified amounts on a person who is in violation of
the act. The bill would require the department to deposit all
penalties collected into the Mattress Recovery and Recycling Penalty
Account, which the bill would establish in the Integrated Waste
Management Fund. The bill would provide that the moneys in the
penalty account would be available for expenditure by the department,
upon appropriation by the Legislature. 
   Vote: majority. Appropriation: no. Fiscal committee: 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 MATTRESS RECOVERY AND RECYCLING ACT


   42985.  (a) The Legislature finds and declares all of the
following:
   (1) In order to reduce illegal dumping, increase recycling, and
substantially reduce public agency costs for the end-of-life
management of used mattresses, the Used Mattress Recovery and
Recycling Act is hereby established by this chapter to require
manufacturers of mattresses sold in this state to develop, finance,
and implement a convenient and cost-effective program to collect and
recycle used mattresses generated in this state.
   (2) Consistent with existing state policy, the program developed
and implemented by manufacturers of mattresses sold in this state
shall be capable of the recovery and recycling of at least 75 percent
of used mattresses generated in this state annually on and after
January 1, 2020.
   (b) This chapter shall be known, and may be cited, as the "Used
Mattress Recovery and Recycling Act."
   42986.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) "Account" means the Mattress Recovery and Recycling Account
established pursuant to Section 42991.
   (b) (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.
   (c) "Mattress" means a large thick pad of twin size or larger
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.
   (d) "Mattress recovery and recycling plan" or "plan" means a plan
submitted to the department pursuant to Section 42987.
   (e) "Penalty account" means the Mattress Recovery and Recycling
Penalty Account established pursuant to Section 42991.
   (f) "Recycle" or "recycling" has the same meaning as defined in
Section 40180.
   (g) "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.
   (h) "Used mattress" means a mattress that is no longer wanted by
its owner and is discarded or is intended to be discarded.
   42987.  (a) On or before April 1, 2013, a manufacturer of
mattresses sold in this state shall, individually, collectively, or
through a designated third party, submit a mattress recovery and
recycling plan to the department that meets the requirements of this
section.
   (b) A mattress recovery and recycling plan shall include all of
the following:
   (1) Provisions to ensure that when new mattresses are delivered to
a consumer, the consumer is given the option of having an equivalent
used mattress picked up for recovery at the time of delivery, at no
additional cost to the consumer or retailer, in accordance with
Section 42988.
   (2) Arrangements when a mattress is sold to a consumer, for the
drop off of an equivalent used mattress at a recycling facility at no
additional cost to the consumer or retailer.
   (3) Techniques designed to prevent and mitigate the illegal
discarding of mattresses.
   (4) Arrangements for the pickup of used mattresses that have been
accepted at solid waste facilities and for the delivery of those used
mattresses to a recycling facility.
   (5) Policies to ensure there are adequate and convenient
opportunities for the collection, acceptance, and recovery for
recycling of used mattresses in low-income, rural, and other
communities where illegal dumping of mattresses has been a historical
problem.
   (6) Provisions designed to meet the following recycling targets
and methods for demonstrating the achievement of the following
recycling goals:
   (A) On and after January 1, 2015, recycle not less than 25 percent
of the used mattresses generated in this state.
   (B) On and after January 1, 2017, recycle not less than 50 percent
of the used mattresses generated in this state.
   (C) On and after January 1, 2020, recycle not less than 75 percent
of the used mattresses generated in this state.
   (7) Provisions for a financial mechanism for implementing the
plan.
   (c) A manufacturer, individually or through a designated third
party, may coordinate with local governments, solid waste facilities,
retailers, and mattress recyclers to achieve the purposes of this
chapter.
   42988.  On and after July 1, 2013, a retailer shall offer the
consumer the option to have an equivalent used mattress picked up for
recovery at the time of delivery, at no additional cost to the
consumer, if a new mattress is being delivered to the consumer. A
retailer may contract out to a third-party entity for the pickup of
used mattresses.
   42989.  (a) A manufacturer or retailer shall not sell or offer for
sale a mattress to any person in this state unless the manufacturer
of that mattress is in compliance with this chapter.
   (b) A manufacturer is in compliance with this chapter if the
manufacturer complies with the following requirements:
   (1) On or before April 1, 2013, submits a mattress recovery and
recycling plan to the department.
   (2) On and after July 1, 2013, implements a plan that the
department has determined is in compliance with this chapter.
   42990.  The department shall review a mattress recovery and
recycling plan submitted pursuant to Section 42987 and within 90 days
of receipt shall adopt a finding of the plan's compliance or
noncompliance with this chapter.
   42991.  (a) A manufacturer submitting a mattress recovery and
recycling plan shall pay the department an annual administrative fee,
as determined by the department.
   (b) The amount of the administrative fee imposed pursuant to
subdivision (a) shall be established by the department for the
reasonable regulatory costs to the department incident to performing
any audits and inspections necessary to enforce the provisions of
this chapter and for the administrative enforcement costs and
adjudication thereof.
   (c) In determining the amounts of the administrative fee imposed
pursuant to subdivision (a), the department may establish a variable
fee based on relevant factors, including, but not limited to, the
portion of mattresses sold in the state by individual manufacturers,
as compared to the total amount of mattresses sold in the state by
all manufacturers submitting a mattress recovery and recycling plan.
   (d) The administrative fees collected pursuant to this section
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 this chapter.
   42992.  (a) The department may impose an administrative civil
penalty on any person who is in violation of this chapter. The amount
of the civil penalty shall not exceed one thousand dollars ($1,000)
per day, but if the violation is intentional, knowing, or negligent,
the department may impose a civil penalty of not more than ten
thousand dollars ($10,000) per day.
   (b) In assessing or reviewing the amount of a civil penalty
imposed pursuant to subdivision (a) for a violation of this chapter,
the department or the court shall consider all of the following:
   (1) The nature and extent of the violation.
   (2) The number and severity of the violation or violations.
   (3) The economic effect of the penalty on the violator.
   (4) Whether the violator took good faith measures to comply with
this chapter and the period of time over which these measures were
taken.
   (5) The willfulness of the violator's misconduct.
   (6) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community.
   (7) Any other factor that justice may require.
   (c) The department shall deposit all penalties collected pursuant
to this section into the Mattress Recovery and Recycling Penalty
Account, which is hereby established in the Integrated Waste
Management Fund. Upon appropriation by the Legislature, moneys in the
penalty account shall be expended by the department to implement
this chapter.  
  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.
   (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) (1) 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 for each mattress sold by the manufacturer in the
state.
   (2) The department shall establish the mattress recovery and
recycling payment at an amount that is sufficient for, but does not
exceed, the department's costs of implementing the recovery and
recycling program specified in subdivision (b).
   (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.