Bill Text: CA SB254 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Solid waste: used mattresses: recycling and recovery.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2013-09-27 - Chaptered by Secretary of State. Chapter 388, Statutes of 2013. [SB254 Detail]
Download: California-2013-SB254-Amended.html
Bill Title: Solid waste: used mattresses: recycling and recovery.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2013-09-27 - Chaptered by Secretary of State. Chapter 388, Statutes of 2013. [SB254 Detail]
Download: California-2013-SB254-Amended.html
BILL NUMBER: SB 254 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 15, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senators Hancock and Correa
( Principal coauthor: Senator
Calderon )
( Coauthor: Senator Corbett
)
FEBRUARY 13, 2013
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 254, as amended, Hancock. Solid waste: used mattresses:
recycling and recovery.
Existing law requires a retailer of various specified products,
such as rechargeable batteries and cellular telephones, 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 establish the Used Mattress Recovery and Recycling
Act. The bill would authorize a qualified industry association, as
defined, to establish a mattress recycling organization, as defined,
and be certified by the Department of Resources Recycling and
Recovery to develop, implement, and administer a mattress recycling
program on or before July 1, 2014. The bill would require
manufacturers and retailers of mattresses to register with the
mattress recycling organization on or before January 1, 2015.
This bill would prohibit, on and after January 1, 2015, the
manufacturer or retailer from, among other things, manufacturing or
selling a mattress in this state under circumstances of noncompliance
with the bill's requirements. The act would require the retailer, by
July 1, 2014, to give a consumer the option to have a used mattress
picked up, at no additional cost, at the time a new mattress is
delivered or be provided with an opportunity for free
drop off of the used mattress .
This bill would require the mattress recycling organization, by
April 1, 2015, to develop a state plan for recycling used mattresses
in the state that includes specified goals and elements and to submit
the plan to the department, as specified. The plan would be
required to include, among other things, providing a mechanism to
local governments and solid waste facilities to recover illegally
disposed mattresses that is funded, as specified, and reimbursing
solid waste facilities for certain costs. The bill would
require the organization, by July 1, 2015, to annually prepare and
approve a proposed program plan budget for the next calendar year and
to submit the approved budget to the department, as specified. The
bill would require the department to notify the organization of the
department's direct costs in implementing the act and the
organization would be required to reimburse the department for those
direct costs. The bill would require the department to
deposit these amounts submitted by the organization into the Used
Mattress Recycling Account, which the bill would establish in the
Integrated Waste Management Fund. The bill would require the
department to expend the moneys in the account, upon appropriation by
the Legislature, to administer and enforce the act.
This bill would require the organization to annually set the
amount of a state mattress recycling charge that would be added to
the purchase price of a mattress, and would require a manufacturer,
retailer, wholesaler, distributor, or other party that sells a
mattress to add the charge to the purchase price for the mattress and
remit the charge collected to the organization. The bill
would constitute a change in state statute that would result in a
taxpayer paying a higher tax within the meaning of Section 3 of
Article XIII A of the
California Constitution, and thus would require for passage the
approval of 2/3 of the
membership of each house of the Legislature.
This bill would authorize the department to impose an
administrative civil penalty on a manufacturer or retailer who sells
a mattress in violation of the act. The bill would require the
department to deposit these penalties into the Mattress Recovery and
Recycling Penalty Account, which the bill would create in the
Integrated Waste Management Fund. The department would be authorized
to expend the moneys in that account, upon appropriation by the
Legislature, to implement the act.
The bill would constitute a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
Vote: 2/3. 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. The Legislature finds and declares both of the following:
(a) 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 and retailers of mattresses sold in
this state to develop, finance, and implement a convenient and
cost-effective program to recover and recycle used mattresses
generated in this state.
(b) Consistent with existing state policy, the
The program developed and implemented by
manufacturers and retailers of mattresses sold in
this state shall strive for the maximum feasible level of recovery
and recycling of used mattresses generated in support of the
statewide goal that at least 75 percent of all solid waste be
recycled by January 1, 2020.
42985.1. This chapter shall be known, and may be cited, as the
Used Mattress Recovery and Recycling Act.
Article 1. Definitions
42986. (a) (1) "Consumer" means an owner of a mattress, including
a person, business, corporation, limited partnership, nonprofit
organization, or governmental entity, and including the ultimate
purchaser, owner, or lessee of a mattress.
(2) "Consumer" does not include a government organization or other
party that obtains one or more used mattresses in the course of
collecting used mattresses for recycling for purposes of this
chapter, or through the ordinary collection and handling of municipal
solid waste.
(b) "Distributor" means a company that has a contractual
relationship with one or more manufacturers to market and sell
mattresses to retailers.
(c) "Foundation" means a ticking-covered structure used to support
a mattress or sleep surface. The structure may include constructed
frames, foam, box springs, or other materials, used alone or in
combination.
(d) "Importer" means a party qualifying as an "importer of record"
for purposes of Section 1484(a)(2)(B) of Title 19 of the United
States Code, with regard to the import of a finished mattress sold in
the state that was manufactured or assembled by a company outside
the United States.
(e) (1) "Manufacturer" means any of the
following:
(1)
( A) The person who manufactures the covered
product and who sells, offers for sale, or distributes that product
in the state.
(2)
( B) If there is no person who is a
manufacturer of the product for purposes of paragraph (1)
subparagraph (A) , the manufacturer of the
covered product is the person who imports the product into the state
for sale or distribution.
(3)
( 2) A manufacturer includes
may include a renovator.
(3) A retailer that brings a mattress into its store locations
from an out-of-state warehouse or distribution center is not a
manufacturer.
(f) (1) "Mattress" means a resilient material or combination of
materials that is enclosed by a ticking, is used alone or in
combination with other products, and is intended for or promoted for
sleeping upon.
(2) "Mattress" includes a foundation and a renovated mattress or
renovated foundation.
(3) "Mattress" does not include the following:
(A) An unattached mattress pad or unattached mattress topper,
including items with resilient filling, with or without ticking,
intended to be used with or on top of a mattress.
(B) A sleeping bag or pillow.
(C) A car bed, crib, or bassinet mattress.
(D) Juvenile products, including a carriage, basket, dressing
table, stroller, playpen, infant carrier, lounge pad, or crib bumper,
and the pads for those juvenile products.
(E) A product containing liquid- and gaseous-filled ticking,
including a water bed and air mattress that does not contain
upholstery material between the ticking and the mattress core.
(F) Upholstered furniture that does not otherwise contain a
detachable mattress or that is a fold out sofa bed or
futon .
(g) "Mattress recycling organization" or "organization" means an
organization exempt from taxation under Section 501(c)(3) or Section
501(c)(6) of the Internal Revenue Code of 1986, that is established
by a qualified industry association, composed of manufacturers and
retailers, and certified pursuant to Section 42987, to develop,
implement, and administer the mattress recycling program established
pursuant to this chapter.
(h) "Used mattress recovery and recycling plan" or "plan" means
the plan for recycling used mattresses that is developed by the
mattress recycling organization pursuant to this chapter.
(i) "Program" or "used mattress recycling program" means the
program implemented by the mattress recycling organization pursuant
to a plan approved by the department.
(j) "Qualified industry organization"
association " means the International Sleep Products
Association, a successor of that organization, or a group of
mattress manufacturers that collectively represent at least 35
percent of the volume of mattresses manufactured in the United
States.
(k) "Recycle" or "recycling" has the same meaning as defined in
Section 40180.
(l) "Recycler" means a person that engages in the manual or
mechanical separation of mattresses to substantially recover
components and commodities contained in mattresses for the purpose of
reuse or recycling.
(m) "Recycling charge" or "charge" means the charge imposed on the
sale of a new or renovated mattress at the point of sale and
collected by the organization to fund the recycling of used
mattresses pursuant to this chapter.
(n) (1) "Renovate" or "renovation" means altering a used mattress
for the purpose of resale and includes one or more of the following:
(A) Replacing the mattress, ticking, or filling.
(B) Adding additional filling.
(C) Rebuilding a used mattress.
(D) Replacing components with new or postconsumer materials unless
the material is a clean recycled material, consists of used
electronic parts or controls, or is a used mattress base that is not
covered by ticking.
(2) "Renovate" or "renovation" does not include any of the
following:
(A) Stripping a mattress of its ticking or filling without adding
new material.
(B) Sterilizing or sanitizing a mattress without otherwise
altering the mattress.
(C) Altering a mattress by a renovator when a person retains the
altered mattress for lease, rental, or personal use.
(D) Refurbishing that disqualifies a mattress for a yellow
wholesale renovator tag to be affixed to the mattress, in accordance
with the regulations adopted by the Department of Consumer Affairs.
(o) "Renovator" means a person who renovates used mattresses.
(p) "Retailer" means a person who sells mattresses in the state or
offers to a consumer a mattress in the state through any means,
including, but not limited to, by remote offering, including sales
outlets or catalogs, electronically through the Internet, by
telephone, or through the mail.
(q) "Sale" or "sell" means the transfer of title of a mattress for
consideration, including by a manufacturer, a distributor, or a
retailer for eventual consumption to a consumer in the state,
including remote sales conducted through sales outlets, catalogs, or
the Internet or any other similar electronic means. For purposes of
this chapter, a long-term lease of not less than 12 months is the
same as a sale.
(r) (1) "Ticking" means the outermost layer of fabric or related
material of a mattress.
(2) "Ticking" does not include another layer of fabric or related
material that is quilted together with, or otherwise attached to, the
outermost layer of fabric or related material.
(s) "Used mattress" means a mattress that has been discarded by a
consumer.
Article 2. Mattress Recycling Plan
42987. (a) (1) On or before July 1, 2014, a qualified industry
association or a successor organization may establish a mattress
recycling organization for purposes of this chapter, which shall be
composed of manufacturers and retailers and be certified pursuant to
this section to develop, implement, and administer the mattress
recycling program established pursuant to this chapter.
(2) Within 60 days of receipt of a request for certification, the
department shall notify the requesting qualified industry association
of the department's decision whether or not to certify that
association mattress recycling organization .
(b) On or before January 1, 2015, each manufacturer and retailer
shall register with the mattress recycling organization.
(c) On and after January 1, 2015, a retailer shall not sell,
distribute, or offer for sale a mattress in the state unless the
retailer is in compliance with this chapter and the manufacturer of
the mattress sold by the retailer is listed in compliance with this
chapter.
(d) On and after January 1, 2015, a manufacturer shall not
manufacture, assemble, or import a new mattress in this state, or
sell or distribute a mattress to a distributor or retailer, unless
the manufacturer is in compliance with this chapter.
42987.1. On or before April 1, 2015, the mattress recycling
organization shall develop and submit to the department a plan for
recycling used mattresses in the state in an economically
efficient and practical manner that includes all of the
following goals and elements:
(a) Program objectives consistent with the state's solid waste
management hierarchy.
(b) The names of manufacturers and brands covered under the plan.
(c) A consultation process with affected stakeholders.
(d) Methods to increase the number of used mattresses diverted
from landfills, reduce the number of illegally dumped used
mattresses, and increase the quantity of used materials recovered
through this process and recycled for other uses.
(e) (1) The establishment and administration of a means for
funding the plan in a manner that distributes the mattress recycling
organization's costs uniformly over all mattresses sold in the state.
(2) The funding mechanism shall provide sufficient funding for the
mattress recycling organization to carry out the plan, including the
administrative, operational, and capital costs of the plan.
(f) The publishing of an annual report for each calendar year of
operation.
(g) Conducting research, as needed, related to improving used
mattress collection, dismantling, and recycling operations, including
pilot programs to test new processes, methods, or equipment on a
local, regional, or otherwise limited basis.
(h) Establishing a methodology for the purpose of determining the
state mattress recycling goal.
(i) A program performance measurement that shall collect program
data for the purpose of the annual report. The information shall
include:
(1) A methodology for estimating the amount of mattresses sold in
the state, used mattresses available for collection in the state, and
for quantifying the number of used mattresses collected and recycled
in the state.
(2) A methodology for determining mattresses sold in the state by
the manufacturers of the mattress recycling organization.
(j) Coordinating activities with existing used product collecting
and recycling plans for discarded mattresses or other products, and
other relevant parties as appropriate, to provide efficient delivery
of services and avoid unnecessary duplication of effort and expense.
(k) Entering into contracts or agreements that are necessary and
proper for the mattress recycling organization to carry out these
duties consistent with the terms of this chapter.
(l) Establishment of a financial incentive to encourage parties to
collect for recycling used mattresses discarded or illegally dumped
in the state.
(m) Ensuring local governments and solid waste facilities are
provided with a mechanism for the recovery of illegally dumped used
mattresses at no additional cost to the local government or solid
waste facility.
(n) Policies to ensure there are adequate and convenient
opportunities for the collection, acceptance, and recovery for
recycling used mattresses in low-income communities, in accordance
with the poverty line annually established by the Secretary of
California Health and Human Services pursuant to the federal Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), as amended.
(o) Ensuring used mattresses recovered by a retailer are delivered
to a recycling facility or solid waste facility for recycling.
(p) Providing outreach efforts and education to consumers,
manufacturers, and retailers, for the purpose of promoting the
recycling of used mattresses.
(q) Procedures to ensure implementation of the plan if a
manufacturer or the mattress recycling organization no longer exists
due to bankruptcy, dissolution, or similar processes.
(r) (1) Ensuring solid waste facilities offer individuals free
drop-off of used mattresses.
(2) Reimbursement of solid waste facilities for the reasonable
costs incurred of collecting, storing, and processing used mattresses
in paragraph (1).
(s) Any information deemed necessary by the department related to
compliance with the plan.
(m) Ensuring, to the maximum extent possible, that local
governments and solid waste facilities are provided with a mechanism
for the recovery of illegally disposed used mattress that is funded
at no additional cost to the local government or solid waste
facility.
(n) Developing processes to collect used mattresses from
low-income communities for recycling in accordance with the poverty
line annually established by the Secretary of California Health and
Human Services pursuant to the federal Omnibus Budget Reconciliation
Act of 1981 (Public Law 97-35), as amended.
(o) Requiring used mattresses collected by a retailer to be
delivered to a recycling facility or solid waste facility for
recycling.
(p) Providing outreach efforts and education to consumers,
manufacturers, and retailers, for the purpose of promoting the
recycling of used mattresses.
(q) (1) Ensuring, to the maximum extent possible, that solid waste
facilities offer individuals the free drop off of used mattresses.
(2) Reimbursing solid waste facilities for the reasonable costs
incurred in collecting, storing, and processing used mattresses in
accordance with paragraph (1).
(r) Other information requested by the department that is
reasonably related to compliance with the recycling plan and that the
organization can readily compile.
42987.2. In preparing the plan pursuant to Section 42987.1, the
mattress recycling organization shall consult with interested
stakeholders.
42987.3. (a) The department shall review the plan for
consistency with this chapter and shall approve, disapprove, or
conditionally approve the plan within 90 days of receipt of the
plan. If the department fails to act within 90 days of the
receipt of the plan, the plan shall be deemed approved.
(b) If the department disapproves the plan pursuant to subdivision
(a), the department shall explain, in writing, how the plan is
inconsistent with this chapter, and the mattress
recycling organization shall resubmit a plan to the department. If
the mattress recycling organization does not resubmit a
plan, or submits a plan that is not approved or conditionally
approved by the department, the mattress recycling organization shall
be deemed not in compliance with this chapter.
department finds that the plan resubmitted by the organization is
inconsistent with the requirements of this chapter, the mattress
recycling organization shall not be deemed in compliance with this
chapter until the organization submits a plan that the department
finds is consistent with the requirements of this chapter.
(c) The approved plan shall be a public record, except that
financial, production, or sales data reported to the department by
the mattress recycling organization is not public record for purposes
of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code) and
shall not be open to public inspection. The department may release
financial, production, or sales data in summary form only so the
information cannot be attributable to a specific manufacturer or
retailer or to any other entity .
42987.4. Within 30 60 days after
approval or conditional approval by the department, the mattress
recycling organization shall implement the approved plan.
42987.5. (a) On or before January 1, 2017, based on methodology
contained in the plan and information contained in the first annual
report, the department , in consultation with the organization,
and after taking into consideration relevant economic and practical
considerations and other information, shall establish and make
public the following:
(1) The state mattress recycling baseline amount.
(2) The state mattress recycling goals.
(b) On or before July 1, 2020, and every four years thereafter,
the department shall review, including reviewing for consistency with
Section 41780.01, and update as necessary , the baseline
amount and goals to ensure that the program advances the statewide
recycling goal.
Article 3. Budget
42988. On or before July 1, 2015, and on or before July 1
annually thereafter, the mattress recycling organization shall
prepare and submit to the department a proposed used mattress
recycling program budget for the following calendar year that
includes all of the following:
(a) Anticipated revenues and costs of implementing the program,
including related programs, projects, contracts, and administrative
expenses.
(b) A recommended funding level sufficient to cover the plan's
costs and to operate the mattress recycling program over a multiyear
period in a prudent and responsible manner.
(c) The amount of the mattress recycling charge and itemization of
costs that each charge covers.
42988.1. (a) On or before September 1, 2015, and annually
thereafter, the department shall approve, disapprove, or
conditionally approve a final program budget. If the department
fails to act or does not disapprove or conditionally approve a final
program budget, the budget shall be deemed approved.
(b) (1) If the department disapproves the budget, the mattress
recycling organization shall resubmit a revised budget addressing the
department's written reasons for its decision within 30
days of the disapproval.
(2) The department, within 30 days from the date the mattress
recycling organization resubmits a revised budget, shall approve,
disapprove, or conditionally approve a final program budget. If
the department fails to act or does not disapprove or conditionally
approve a final program budget within those 30 days, the budget shall
be deemed approved.
42988.2. (a) The department shall notify the mattress recycling
organization of the department's costs in
that are directly related to implementing this chapter relating
to the mattress recycling organization's activities pursuant to this
chapter , including any costs incurred in certifying the
mattress recycling organization and reviewing the organization's plan
submitted pursuant to Section 42987.1 .
(b) On or before July 1, 2015, and once every three months
thereafter, and within the fiscal year, the mattress recycling
organization shall reimburse the department for costs the department
incurs that are directly related to the mattress recycling
organization's activities pursuant to this chapter.
(c) The department shall deposit all moneys submitted for
reimbursement costs by the mattress recycling organization pursuant
to this section into the Used Mattress 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 administer and enforce this chapter.
The funds collected pursuant to this section shall not be expended
for any other purpose.
Article 4. Mattress Recycling Charge
42989. (a) The mattress recycling organization shall set the
amount of the mattress recycling charge that shall be added to the
purchase price of a mattress at the point of sale and include the
charge amount in the annual budget.
(b) (1) The amount of the state mattress
recycling charge shall be sufficient to fund the revenue requirements
set forth in the approved budget.
(2) The mattress recycling organization shall set the charge as a
flat rate and not as a percentage of the purchase price. The
organization shall not set more than two different charges to
accommodate mattress size differentials.
(c) Changes in the charges shall be made public by the mattress
recycling organization 60 days before taking effect.
(c) (1) In the first 12 months during which the mattress recycling
change is collected, the mattress recycling organization may change
the amount of the mattress recycling charge, in accordance with
subdivision (b), and shall provide no less than 90 days' notice to
the public before the change in the amount of the charge takes place.
(2) After one year from the date when the collection of the
mattress recycling charge commences, the mattress recycling
organization may change the amount of the charge in accordance with
subdivision (b), but the mattress recycling organization shall not
change the amount of the charge more frequently than annually, and
shall provide no less than 180 days' notice to the public before the
change in the amount of the charge takes effect.
(d) The charge shall be included in the annual program budget for
approval by the department.
42989.1. (a) Each manufacturer, retailer, or distributor that
sells a mattress to a consumer or to the ultimate end user of the
mattress in the state shall add the charge to the purchase price of
the mattress and shall remit the charge collected to the mattress
recycling organization.
(b) In each transaction described in subdivision (a), the charge
shall be clearly visible on the invoice , receipt, or
functionally equivalent billing document provided by the seller to
the consumer as a separate line item.
(c) The mattress recycling organization shall develop
reimbursement criteria to enable retailers to recover administrative
costs associated with collecting the charge.
(d) The mattress recycling organization shall determine the rules
and procedures that are necessary and proper to implement the
collection of the charge in a fair, efficient, and lawful manner.
42989.2. (a) The mattress recycling organization may conduct an
audit of those parties that are required to remit the charge to the
mattress recycling organization to verify that the charges paid are
proper and accurate and to ensure all parties required by this
chapter to pay or collect the charge are paying or collecting the
proper amount.
(b) An audit conducted pursuant to this section shall be carried
out in accordance with generally accepted auditing practices and
shall be limited in scope to confirming whether the charge has been
properly collected on all sales of mattresses to consumers in the
state.
(c) For purposes of conducting audits pursuant to this section,
the mattress recycling organization shall hire independent
third-party auditors that are approved by the department.
(d) If the mattress recycling organization conducts an audit
pursuant to this section, the organization shall provide a copy of
the audit to the department upon request by the department.
42989.3. (a) The mattress recycling organization shall deposit
the charges and other moneys collected by the mattress recycling
organization pursuant to this chapter in accounts that are maintained
and disbursed by the organization.
(b) The mattress recycling organization may enter into a joint
venture, agreements, or contracts with third parties, including, but
not limited to, corporations, partnerships, nonprofit entities, and
governmental agencies, to undertake activities on the mattress
recycling organization's behalf that are consistent with this
chapter.
Article 5. Records, Audits, and Annual Report
42990. (a) The mattress recycling organization shall keep
minutes, books, and records that clearly reflect the activities and
transactions of the mattress recycling organization.
(b) The books of the mattress recycling organization shall be
audited at the organization's expense by a certified public
accountant retained by the organization and approved by the
department at least once each calendar year.
(c) The mattress recycling organization shall arrange for the
audit to be delivered to the department. The department shall review
the audit for compliance with this chapter and consistency with the
plan created pursuant to this chapter. The department shall notify
the mattress recycling organization of any compliance issues or
inconsistencies. The mattress recycling organization may obtain
copies of the audit upon request. The department shall not disclose
any confidential proprietary information in the audit.
42990.1. On or before April 1, 2016, and each year thereafter,
the mattress recycling organization shall submit to the department
and make publicly available on its Internet Web site a report that
includes, for the preceding calendar year, all of the following:
(a) The mattress recycling organization's costs and revenues.
(b) The quantity of mattresses disposed of in solid waste
landfills, which shall be provided by the department to interested
parties.
(c) The quantity of discarded used mattresses collected for
recycling in the program.
(d) The quantity of used mattresses collected for recycling from
different categories of sources.
(e) The quantity of each category of materials recycled.
(f) The uses for the recycled materials.
(g) The quantity of otherwise disposed of materials.
(h) A description of methods used to collect, transport, and
process waste mattresses in this state.
(i) Examples of educational materials that were provided to
consumers the first year and any changes to those materials in
subsequent years.
(j) The total volume, number, and weight of used mattresses
collected recycled, renovated, and reused in this state during the
preceding calendar year, including any conversion factor used to
determine the number of mattresses recovered.
(k) Other information relevant to compliance with the plan.
Article 6. Mattress Recycling and Renovating
42991. (a) On or before April 1, 2016, and annually thereafter, a
person that is engaged in business as a recycler or renovator shall
submit a report to the department that includes the following:
(1) Quantitative information on the number of mattresses received
and recycled or renovated in the state during the preceding calendar
year.
(2) Any Other information deemed
necessary by the department that is reasonably related to
compliance with this chapter and that can be readily compiled
.
(b) For purposes of determining the used mattress
recycling rate for a used mattress , on or before
April 1, 2016, and annually thereafter, a solid waste landfill
facility operator shall report to the department, in a form and
manner determined by the department, regarding the number of used
mattresses received and designated for recycling or
renovation by that facility that were recycled or
renovated within the state in the preceding calendar year.
Article 7. Retailer Used Mattress Take-back
42992. On (a)
Except as provided in subdivision (d), on and after July 1,
2014, a retailer shall offer a consumer the option to have a used
mattress picked up for recovery at the time of delivery, at no
additional cost to the consumer, if a new mattress is delivered to
the consumer.
(b) A retailer may contract out to a third party for the delivery
of a new mattress or pick up of a used mattress.
(c) A retailer is not prohibited from charging the consumer for
the cost of the delivery of a new mattress.
(d) (1) A retailer or third-party contractor delivering a new
mattress may refuse to pick up a used mattress from a consumer if the
retailer or contractor determines the used mattress is contaminated
and poses a risk to personnel, new products, or equipment.
(2) If the retailer or third party takes the action specified in
paragraph (1), the retailer or third-party contractor shall provide
the consumer with an opportunity for the free drop off of the used
mattress in the manner specified in paragraph (q) of Section 42987.1.
(e) A common carrier delivering a new mattress to a consumer as a
result of an online purchase is not required to pick up a used
mattress for recovery.
Article 8. Enforcement
42993. (a) On or before July 1, 2016, and annually thereafter,
the department shall post on its Internet Web site a list of
manufacturers and retailers that are in compliance with this chapter.
(b) A manufacturer or retailer that is not listed on the
department's Internet Web site pursuant to this section, but
demonstrates compliance with this chapter before the next notice is
required to be posted pursuant to this section, may request a
certification letter from the department stating the manufacturer or
retailer is in compliance. The manufacturer or retailer that receives
the letter shall be deemed to be in compliance with this chapter.
(c) A retailer that distributes or sells a mattress shall monitor
the department's Internet Web site to determine if a manufacturer is
in compliance with this chapter. A retailer otherwise in compliance
with this chapter shall be deemed in compliance with the chapter if,
on the date the retailer ordered or purchased a mattress, or within
seven 30 calendar days before or after
that date, the manufacturer was listed as covered or compliant on the
department's Internet Web site.
(d) A retailer may sell or distribute the existing stock of its
inventory through sales to the public if the existing stock was
purchased when the manufacturer was in compliance with the
requirements of this chapter at the time when the retailer initially
purchased that stock.
(e) The sale, distribution, or offering for sale, of any existing
inventory in stock prior to the commencement of the collection of the
mattress recycling charge pursuant to this chapter shall be deemed
to be in compliance with this chapter.
(d)
( f) If the department determines a
manufacturer or retailer is not in compliance with this chapter, the
department shall remove the manufacturer or retailer from the
department's Internet Web site pursuant to this section and the
manufacturer or retailer shall not sell a mattress in the state until
the department determines the manufacturer or retailer is in
compliance with this chapter.
42993.1. (a) The department may impose an administrative civil
penalty on any manufacturer, mattress recycling organization,
recycler, renovator, or retailer that is in violation of this
chapter. The amount of the administrative civil penalty shall not
exceed five hundred dollars ($500) per day, but, if the violation is
intentional, knowing, or reckless, the department may impose an
administrative civil penalty of not more than five thousand dollars
($5,000) per day.
(b) The department shall not impose a penalty on the mattress
recycling organization pursuant to this section for a failure to
comply with this chapter if the organization demonstrates it received
false or misleading information from a member of the organization
or other party that was the direct cause of its failure to
comply.
(c) The department shall deposit all penalties collected pursuant
to this section into the Mattress Recovery and Recycling Penalty
Account, which is hereby created in the Integrated Waste Management
Fund. Upon appropriation by the Legislature, moneys deposited into
the Mattress Recovery and Recycling Penalty Account may be expended
by the department to administer and enforce this chapter.
42993.2. Upon a written finding that a manufacturer,
mattress recycling organization, or retailer has not met a
material requirement of this chapter, in addition to any other
penalties authorized under this chapter, the department may take any
of the following actions , after affording the manufacturer,
organization, or retailer a reasonable opportunity to respond to, or
rebut, the finding, to ensure compliance with the requirements
of this chapter:
(a) Revoke the mattress recycling organization's plan approval
, amend an approval or conditional approval to include new
conditions, or require the mattress recycling organization
to resubmit the plan.
(b) Remove the manufacturer or retailer from the department's
Internet Web site and list of compliant manufacturers and retailers,
as specified in Section 42993.
(c) Require additional reporting requirements relating to
compliance with the material requirement identified by the department
.
42993.3. (a) A manufacturer and mattress recycling organization
shall do both of the following:
(1) Upon request, provide the department with reasonable and
timely access, as determined by the department and as authorized
pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure, to its facilities and operations, as
necessary to determine compliance with this chapter.
(2) Upon request, provide the department with relevant records
necessary to determine compliance with this chapter.
(b) The records required by this chapter shall be maintained and
accessible for three years. All reports and records provided to the
department pursuant to this chapter shall be provided under penalty
of perjury.
(c) The department may take disciplinary action against a
manufacturer or mattress recycling organization if the manufacturer
or mattress recycling organization fails to provide the department
with the access required pursuant to this section, including, but not
limited to, imposing penalties pursuant to Section 42993.1 and
posting an immediate notice on the department's Internet Web site
pursuant to Section 42993 that the manufacturer is no longer in
compliance with this chapter.
Article 9. Antitrust Immunity
42994. (a) Except as provided in subdivision (c), an action
specified in subdivision (b) that is taken by a stewardship
mattress recycling organization or its members
that relates to any of the following is not a violation of the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2
of Division 7 of the Business and Professions Code), the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of
Division 7 of the Business and Professions Code), or the Unfair
Competition Law (Chapter 5 (commencing with Section 17200) of Part 2
of Division 7 of the Business and Professions Code).
(b) Subdivision (a) shall apply to all of the following actions
taken by the mattress recycling organization or a manufacturer:
(1) The creation, implementation, or management of a plan approved
by the department pursuant to Article 2 (commencing with Section
42987) and the types or quantities of used mattresses recycled or
otherwise managed pursuant to a plan, as described in Article 2
(commencing with Section 42987).
(2) The cost and structure of an approved plan.
(3) The establishment, administration, or disbursement of the
costs charges associated with funding
the implementation of this chapter.
(c) Subdivision (a) shall not apply to an agreement that does any
of the following:
(1) Fixes a price of or for mattresses, except for an agreement
related to costs or charges associated with participation
in a plan approved or conditionally approved by the department and
otherwise in accordance with this chapter.
(2) Fixes the output of production of mattresses.
(3) Restricts the geographic area in which, or customers to whom,
mattresses will be sold.
