Bill Text: NY S06419 | 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 3-0)
Status: (Engrossed) 2024-06-07 - referred to ways and means [S06419 Detail]
Download: New_York-2023-S06419-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6419--E Cal. No. 1392 2023-2024 Regular Sessions IN SENATE April 19, 2023 ___________ Introduced by Sens. KAVANAGH, HARCKHAM, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10633-20-4S. 6419--E 2 1 27-3411. Mattress collection program advisory board. 2 27-3413. Enforcement and penalties. 3 27-3415. Rules and regulations. 4 § 27-3401. Definitions. 5 As used in this title: 6 1. "Brand" means a name, symbol, word, or mark that attributes the 7 product to the owner or licensee of the brand as the producer. 8 2. "Collection site" means a permanent location in the state at which 9 a consumer may discard mattresses. 10 3. "Consumer" means a person located in the state who purchases, owns, 11 leases, or uses mattresses, including but not limited to an individual, 12 a business, corporation, limited partnership, not-for-profit corpo- 13 ration, the state, a public corporation, public school, school district, 14 private or parochial school or board of cooperative educational services 15 or governmental entity, but does not include a retailer or person that 16 acquires a mattress solely for purposes of recycling. 17 4. "Discarded mattress" means a mattress that a consumer has used and 18 discarded in the state. 19 5. "Energy recovery" means the process by which all or a portion of 20 solid waste materials are processed or combusted in order to utilize the 21 heat content or other forms of energy derived from such solid waste 22 materials. 23 6. (a) "Mattress" means any resilient material, or combination of 24 materials that is enclosed by ticking, used alone or in combination with 25 other products, and that is intended for or promoted for sleeping upon. 26 Mattress includes any foundation and any used mattress. For the purposes 27 of this title, a "foundation" means a ticking-covered structure used to 28 support a mattress or sleep surface. A foundation may include 29 constructed frames, foam, box springs, or other materials, used alone or 30 in combination. 31 (b) Mattress shall not include: 32 (i) an unattached mattress pad or mattress topper that is intended to 33 be used with, or on top of a mattress; 34 (ii) a crib or bassinet mattress or car bed; 35 (iii) juvenile products, including: a carriage, basket, dressing 36 table, stroller, playpen, infant carrier, lounge pad, crib bumper, and 37 the pads for those juvenile products; 38 (iv) a product containing liquid- and gaseous-filled ticking, includ- 39 ing a waterbed and air mattress that does not contain upholstery materi- 40 al between the ticking and the mattress core; or 41 (v) a fold-out sofa bed or futon. 42 7. "Producer" means any person who manufactures or renovates mattress- 43 es that are sold, offered for sale, or distributed to a consumer in this 44 state. "Producer" includes: 45 (a) the owner of a trademark or brand under which a mattress is sold, 46 offered for sale, or distributed in this state, whether or not such 47 trademark or brand is registered in the state; and 48 (b) any person who imports a mattresses into the United States that is 49 sold or offered for sale in the state and that is manufactured by a 50 person who does not have a presence in the United States. 51 8. "Recycle" means to separate, dismantle or process the materials, 52 components or commodities contained in mattresses for the purpose of 53 preparing the materials, components or commodities for use or reuse in 54 new products or components. "Recycle" does not include:S. 6419--E 3 1 (a) energy recovery or energy generation by any means, including but 2 not limited to, combustion, incineration, pyrolysis, gasification, 3 solvolysis, or waste to fuel; 4 (b) any chemical conversion process; or 5 (c) landfill disposal. 6 9. "Recycler" means a person that engages in recycling. 7 10. "Recycling rate" means the percentage of discarded mattresses that 8 is managed through recycling or reuse, as defined by subdivisions eight 9 and thirteen of this section, and is computed by dividing the amount of 10 discarded mattresses collected and recycled or reused by the estimated 11 total amount of discarded mattresses generated over a program year. 12 11. "Representative organization" means a not-for-profit organization 13 established by a producer or group of producers to implement the 14 mattress collection program. 15 12. "Retailer" means any person who sells or offers for sale a 16 mattress to a consumer in the state. 17 13. "Reuse" means donating or selling a discarded mattress back into 18 the market for its original intended use, when the discarded mattress 19 retains its original performance characteristics and can be used for its 20 original purpose. 21 14. "Sale" or "sell" means a transfer of title to a mattress for 22 consideration, including a remote sale conducted through a sale outlet, 23 catalog, website, by telephone or through similar electronic means. 24 "Sale" or "sell" includes a lease through which a mattress is provided 25 to a consumer in the state by a producer or retailer. 26 15. "Ticking" means the outermost layer of fabric or materials of a 27 mattress. Ticking does not include any layer of fabric or material 28 quilted together with, or otherwise attached to the outermost layer of 29 fabric or material of a mattress. 30 16. "Upholstery material" means all material loose or attached between 31 the ticking and the core of the mattress. 32 § 27-3403. Producer plan. 33 1. No later than December thirty-first, two thousand twenty-six, a 34 producer, either individually or cooperatively with one or more produc- 35 ers, or a representative organization shall submit to the department for 36 the department's approval a plan for the establishment of a mattress 37 collection program that meets the collection requirements described in 38 this section. 39 2. A producer may satisfy the mattress collection program requirement 40 of this section by agreeing to participate collectively with other 41 producers. Any such collective mattress collection program shall notify 42 the department. 43 3. A producer or representative organization shall update the plan, as 44 needed, when there are changes proposed to the current program. A new 45 plan or amendment will be required to be submitted to the department for 46 approval when: 47 (a) there is a revision of the program's goals; or 48 (b) every three years from the date of approval of a previous plan. 49 4. The plan submitted by the producer or representative organization 50 to the department under this section shall, at a minimum, provide: 51 (a) A list of each participating provider and brands covered by the 52 program; 53 (b) Information on the products covered by the program; 54 (c) A description of how the producer or representative organization 55 will collect, transport, recycle, and process discarded mattresses;S. 6419--E 4 1 (d) (1) i. A description of how the producer or representative organ- 2 ization shall provide for a convenient and cost-effective collection of 3 discarded mattresses, which may include, using existing public and 4 private waste collection channels and collection sites in the state 5 pursuant to voluntary agreements. Such description shall also include a 6 description of how the program will achieve within a reasonable period 7 of time a minimum convenience goal which ensures that all counties of 8 the state shall have at least one collection site, and within two years 9 after the program approval, not less than seventy percent of the state's 10 residents will live within a fifteen mile radius of a collection site, 11 and within three years after the program approval, not less than eighty 12 percent of the state's residents will live within a fifteen mile radius 13 of a collection site. 14 ii. Provided, however, that with respect to a city or county having a 15 population of one million or more, a convenience goal shall be estab- 16 lished for that city or county. In the case of a city, the convenience 17 goal shall be proposed after consultation with the department of sanita- 18 tion of such city. In the case of a county, the convenience goal shall 19 be proposed after consultation with an agency designated by the county 20 executive. Such proposed city and county convenience goals shall be 21 submitted to the department, which may approve, modify, or otherwise 22 establish alternative convenience goals. 23 (2) To meet these convenience goals, the producer or representative 24 organization shall: 25 i. Enter into voluntary agreements to establish collection sites at 26 public and private solid waste facilities; transfer stations; landfills; 27 recyclables handling and recovery facilities that are permitted or 28 registered with the department; or other suitable sites for the 29 collection of discarded mattresses; 30 ii. Provide mattress storage containers at no cost to a participating 31 collection site described in clause i of this subparagraph; 32 iii. Negotiate mutually agreed upon voluntary agreements with partic- 33 ipating collection sites described in clause i of this subparagraph that 34 provide for reasonable compensation for the actual costs these 35 collection sites incur to handle, store, and transport discarded 36 mattresses for recycling; 37 iv. For collection sites as described in clause i of this subpara- 38 graph, and other entities such as healthcare facilities, educational 39 facilities, military facilities, junk haulers, hotels and motels that 40 provide transient lodging, and other facilities that periodically 41 replace mattresses that they own or use, and who have collected at least 42 one hundred recyclable mattresses for recycling, provide at its expense 43 an appropriate storage container, transportation from a collection point 44 to a recycler, and services to recycle the mattresses; and 45 v. Enter into voluntary agreements with retailers that pick up or 46 accept mattresses from consumers upon the purchase of a new mattress for 47 recycling; 48 (e) The names and locations of collection sites, transporters, and 49 recyclers who will manage discarded mattresses delivered to collection 50 sites at the time of plan submission; 51 (f) A description of how the discarded mattresses will be safely and 52 securely transported, tracked, and handled from collection sites through 53 final recycling and processing; 54 (g) A description of the methods to be used to reuse or recycle 55 discarded mattresses to ensure that the components, to the extent feasi- 56 ble, are transformed or remanufactured into finished products for use;S. 6419--E 5 1 (h) A description of the methods to be used to manage or dispose of 2 discarded mattresses that cannot be recycled or reused; 3 (i) A detailed description of the outreach and educational materials 4 that must be provided to consumers, retailers, collection sites, and 5 transporters of discarded mattresses, and how such outreach will be 6 evaluated for effectiveness; 7 (j) A description of how the program will meet annual performance 8 goals, including collection, recycling, and reuse rates, as determined 9 by the department through rules and regulations, provided that at a 10 minimum, the program shall achieve the following recycling rates: 11 (i) a forty percent recycling rate of mattresses by three years after 12 the plan is approved by the department pursuant to section 27-3409 of 13 this title; 14 (ii) a fifty-five percent recycling rate of mattresses by seven years 15 after the plan is approved by the department pursuant to section 27-3409 16 of this title; 17 (iii) a seventy percent recycling rate of mattresses by ten years 18 after the plan is approved by the department pursuant to section 27-3409 19 of this title; 20 (k) A description of what, if any, incentives will be used to encour- 21 age retailer participation; 22 (l) A description of the outreach and education methods that will be 23 used to encourage municipal landfill and transfer station participation; 24 and 25 (m) any other information required by the department to implement the 26 program. 27 § 27-3405. Producer responsibilities. 28 1. Beginning six months after the plan is approved under subdivision 29 four of section 27-3409 of this title, the producer or representative 30 organization shall implement the mattress collection program utilizing 31 collection sites pursuant to paragraph (d) of subdivision four of 32 section 27-3403 of this title. 33 2. A producer shall not sell, or offer for sale, a mattress to any 34 person in the state unless the producer is implementing or participating 35 under an approved plan. 36 3. The program shall be free to the consumer, convenient and adequate 37 to serve the needs of consumers in all areas of the state on an ongoing 38 basis. 39 4. A producer or representative organization shall maintain records 40 demonstrating compliance with the provisions of this title and make them 41 available for audit and inspection by the department for a period of 42 three years. The department shall make such audit records available to 43 the public upon request in accordance with the provisions of the state 44 freedom of information law and the regulations promulgated thereunder, 45 provided that confidential or business proprietary records shall be 46 exempt from this provision. Record holders shall submit the records 47 required to comply with the request within sixty working days of written 48 notification by the department of receipt of the request. 49 5. A producer or representative organization shall be responsible for 50 all costs associated with the implementation of the mattress collection 51 program. A producer or representative organization shall pay costs 52 incurred by the state in the administration and enforcement of this 53 title. Exclusive of fines and penalties, the state shall only recover 54 its actual direct cost of administration and enforcement. 55 6. Any person who becomes a producer on or after December thirty- 56 first, two thousand twenty-six shall submit a plan to the department, orS. 6419--E 6 1 notify the department that it has joined an existing plan, prior to 2 selling or offering for sale in the state any mattress, and shall comply 3 with the requirements of this title. 4 7. Within eighteen months following approval of the producer plan, and 5 annually thereafter, a producer or representative organization shall 6 submit a report to the department that includes, for the previous 7 program calendar year, a description of the program including, but not 8 limited to the following: 9 (a) a detailed description of the methods used to collect, transport, 10 and process discarded mattresses in the state, including detailing 11 collection methods made available to consumers and an evaluation of the 12 program's collection convenience; 13 (b) identification of all collection sites in the state; 14 (c) the estimated weight of all discarded mattresses collected, recy- 15 cled, or reused pursuant to the mattress collection program; 16 (d) an evaluation of whether the performance goals and recycling rates 17 have been achieved; 18 (e) the estimated weight of discarded mattresses and any component 19 materials that were collected pursuant to the collection program, but 20 not recycled; 21 (f) the total cost of implementing the program; 22 (g) samples of all educational materials provided to consumers and a 23 detailed list of efforts undertaken and an evaluation of the methods 24 used to disseminate such materials including recommendations, if any, 25 for how the educational component of the program can be improved; and 26 (h) any other information required by the department that is relevant 27 to the requirements of this title. 28 8. Each producer or representative organization shall submit an annual 29 report to the department as provided for in subdivision seven of this 30 section that assesses compliance with performance goals and describes 31 any modifications necessary to achieve such goals. 32 9. (a) A producer or representative organization shall not be liable 33 for any claim of a violation of antitrust, restraint of trade, or unfair 34 trade practice arising from an action undertaken, in accordance with a 35 mattress collection program approved by the department, solely to 36 increase the collection and recycling of mattresses, which affects the 37 types and quantities being collected and recycled or the cost and struc- 38 ture of such collection program that the producer or representative 39 organization is participating in pursuant to this title. 40 (b) Provided, however, paragraph (a) of this subdivision shall not 41 apply to any agreement establishing or affecting the price or output of 42 mattresses or restricting the geographic area or customers to which 43 mattresses will be sold. 44 § 27-3407. Retailer responsibilities. 45 1. Beginning December thirty-first, two thousand twenty-seven, no 46 retailer may sell or offer for sale mattresses in this state unless the 47 producer of such mattresses is participating in a mattress collection 48 program. A retailer shall be in compliance with this section if, on the 49 date the mattresses were ordered from the producer or its agent, the 50 producer was listed on the department's website as implementing or 51 participating in an approved program. 52 2. Any retailer may participate, on a voluntary basis, as a designated 53 collection site pursuant to a mattress collection program and in accord- 54 ance with all applicable laws and regulations. 55 § 27-3409. Department responsibilities.S. 6419--E 7 1 1. The department shall maintain a list of producers, including a list 2 of such producers' brands, who are participating under a department 3 approved plan and post such list on the department's website. 4 2. The department shall post on its website the location of all 5 collection sites identified to the department by the producer in its 6 annual reports. 7 3. The department shall post on its website each producer plan 8 approved by the department. 9 4. Within ninety days after receipt of a proposed plan or plan amend- 10 ment, the department shall approve or reject such plan or plan amendment 11 based on whether such proposed plan or plan amendment satisfactorily 12 meets the requirements of subdivision four of section 27-3403 of this 13 title. If the plan or plan amendment is approved, the department shall 14 notify the producer or representative organization in writing. If the 15 department rejects the plan or plan amendment, the department shall 16 notify the producer or representative organization in writing stating 17 the reason for rejecting the plan or plan amendment. A producer or 18 representative organization whose plan is rejected shall submit a 19 revised plan to the department within thirty days of receiving a notice 20 of rejection. If the producer or representative organization fails to 21 submit a plan that is acceptable to the department because it does not 22 meet the requirements of subdivision four of section 27-3403 of this 23 title, the department shall modify a submitted plan to make it conform 24 to the requirements of such subdivision and approve it. 25 5. The department shall submit a report regarding the implementation 26 of this title in this state to the governor and legislature by April 27 first, two thousand twenty-eight and every two years thereafter. The 28 report shall include, at a minimum, an evaluation of: 29 (a) The stream of mattresses in the state; 30 (b) Disposal, recycling, and reuse rates in the state of mattresses; 31 (c) A discussion of compliance and enforcement related to the require- 32 ments of this title; and 33 (d) Recommendations for any changes to this title. 34 § 27-3411. Mattress collection program advisory board. 35 1. There is hereby established within the department a mattress 36 collection program advisory board to make recommendations to the commis- 37 sioner regarding producer plans required by this title. 38 2. The board shall be composed of twelve voting members. Such members 39 shall include: 40 (a) One representative of mattress producers; 41 (b) Two representatives of mattress retailers; 42 (c) One representative of mattress recyclers; 43 (d) Two representatives of mattress collectors; 44 (e) One representative of a company that utilizes discarded mattresses 45 to manufacture a new product; 46 (f) One representative from a statewide environmental organization; 47 (g) One representative from a statewide waste disposal association; 48 (h) One representative from the New York product stewardship council; 49 (i) One representative from a consumer organization; and 50 (j) One representative from a statewide recycling organization. 51 3. The members shall be appointed as follows: 52 (a) Two members to be appointed by the temporary president of the 53 senate; 54 (b) Two members to be appointed by the speaker of the assembly; 55 (c) One member to be appointed by the minority leader of the senate;S. 6419--E 8 1 (d) One member to be appointed by the minority leader of the assembly; 2 and 3 (e) Six members to be appointed by the governor. 4 4. Such appointments shall be made no later than sixty days following 5 the date on which this title takes effect. The members shall designate a 6 chair from among the members by majority vote. Board members shall 7 receive no compensation but shall be entitled to their necessary and 8 actual expenses incurred in the performance of their board duties. 9 5. The board shall meet at least annually by call of the chair. 10 § 27-3413. Enforcement and penalties. 11 Any producer, representative organization, or retailer who violates 12 any provision of or who fails to perform any duty imposed pursuant to 13 this title shall be liable for a civil penalty not to exceed five 14 hundred dollars for each violation and an additional penalty of not more 15 than five hundred dollars for each day during which such violation 16 continues. Civil penalties under this section shall be assessed by the 17 department after a hearing or opportunity to be heard pursuant to the 18 provisions of section 71-1709 of this chapter. 19 § 27-3415. Rules and regulations. 20 The department is hereby authorized to promulgate any rules and regu- 21 lations necessary to implement this title. 22 § 2. Section 71-1701 of the environmental conservation law is amended 23 to read as follows: 24 § 71-1701. Applicability of this title. 25 This title shall be applicable to the enforcement of titles 1 through 26 11 and titles 15 through 19 of article 17; article 19; and [title] 27 titles 1 and 34 of article 27 of this chapter. 28 § 3. Section 71-1701 of the environmental conservation law, as amended 29 by chapter 795 of the laws of 2022, is amended to read as follows: 30 § 71-1701. Applicability of this title. 31 This title shall be applicable to the enforcement of titles 1 through 32 11 and titles 15 through 19 of article 17; article 19; and titles 1 33 [and], 33 and 34 of article 27 of this chapter. 34 § 4. This act shall take effect immediately; provided, however, the 35 amendments to section 71-1701 of the environmental conservation law made 36 by section three of this act shall take effect on the same date and in 37 the same manner as section 2 of chapter 795 of the laws of 2022, takes 38 effect.
