Bill Text: NY S06419 | 2023-2024 | General Assembly | Amended

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

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6419--D

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 19, 2023
                                       ___________

        Introduced by Sens. KAVANAGH, MAY -- read twice and ordered printed, and
          when printed to be committed to the Committee on Environmental Conser-
          vation  --  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  committee  --
          recommitted  to the Committee on Environmental Conservation in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the environmental conservation law and the general busi-
          ness law, in relation to establishing extended producer responsibility
          for mattresses

          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               EXTENDED PRODUCER RESPONSIBILITY FOR MATTRESSES
     5  Section 27-3401. Definitions.
     6          27-3403. Producer plan.
     7          27-3405. Producer responsibilities.
     8          27-3407. Retailer, distributor and wholesaler responsibilities.
     9          27-3409. Department responsibilities.
    10          27-3411. Mattress collection program advisory board.
    11          27-3413. Multi-state cooperation.
    12          27-3415. Enforcement and penalties.
    13          27-3417. Rules and regulations.
    14  § 27-3401. Definitions.
    15    As used in this title:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10633-12-4
        S. 6419--D                          2

     1    1.  "Brand"  means  a  name, symbol, word, or mark that attributes the
     2  product to the owner or licensee of the brand as the producer.
     3    2. "Closed-loop recycling" means recycling in which materials that are
     4  reclaimed  are  returned  to  the original process or processes in which
     5  they were generated and they are reused in the production process.
     6    3. "Collection site" means a permanent location in the state at  which
     7  a consumer may discard covered products.
     8    4. "Consumer" means a person located in the state who purchases, owns,
     9  leases,  or uses covered products, including but not limited to an indi-
    10  vidual, a business,  corporation,  limited  partnership,  not-for-profit
    11  corporation,  the  state,  a  public  corporation, public school, school
    12  district, private or parochial school or  board  of  cooperative  educa-
    13  tional  services or governmental entity, but does not include a retailer
    14  or person that acquires a covered product solely for purposes of recycl-
    15  ing.
    16    5. "Covered product" means a mattress.
    17    6. "Discarded covered product" means a covered product that a consumer
    18  has used, abandoned, or discarded in the state.
    19    7. "Distributor" or "wholesaler" means a person who buys or  otherwise
    20  acquires  a  covered product and sells or offers to sell such product to
    21  retailers in this state.
    22    8. "Energy recovery" means the process by which all or  a  portion  of
    23  solid waste materials are processed or combusted in order to utilize the
    24  heat  content  or  other  forms  of energy derived from such solid waste
    25  materials.
    26    9.(a) "Mattress" means any resilient material, or combination of mate-
    27  rials that is enclosed by ticking, used alone  or  in  combination  with
    28  other  products, and that is intended for or promoted for sleeping upon.
    29  Mattress includes any foundation and any used mattress. For the purposes
    30  of this title, a "foundation" means a ticking-covered structure used  to
    31  support   a   mattress  or  sleep  surface.  A  foundation  may  include
    32  constructed frames, foam, box springs, or other materials, used alone or
    33  in combination.
    34    (b) Mattress shall not include:
    35    (i) an unattached mattress pad or mattress topper that is intended  to
    36  be used with, or on top of a mattress;
    37    (ii) a crib or bassinet mattress or car bed;
    38    (iii)  juvenile  products,  including:  a  carriage,  basket, dressing
    39  table, stroller, playpen, infant carrier, lounge pad, crib  bumper,  and
    40  the pads for those juvenile products;
    41    (iv)  a product containing liquid- and gaseous-filled ticking, includ-
    42  ing a waterbed and air mattress that does not contain upholstery materi-
    43  al between the ticking and the mattress core; or
    44    (v) a fold-out sofa bed or futon.
    45    10.  "Mattress  collection  program"  or  "program"  means  a  program
    46  financed and implemented by producers, either individually, or through a
    47  representative  organization,  that provides for, but is not limited to,
    48  the collection, transportation,  reuse,  recycling,  proper  end-of-life
    49  management,  or an appropriate combination thereof, of discarded covered
    50  product.
    51    11. "Producer" means  any  person  who  manufactures  or  renovates  a
    52  covered  product  that  is  sold,  offered for sale, or distributed to a
    53  consumer in this state. "Producer" includes:
    54    (a) the owner of a trademark or brand under which a covered product is
    55  sold, offered for sale, or distributed in this  state,  whether  or  not
    56  such trademark or brand is registered in the state; and
        S. 6419--D                          3

     1    (b)  any  person  who imports a covered product into the United States
     2  that is sold or offered for sale in the state and that  is  manufactured
     3  by a person who does not have a presence in the United States.
     4    12. "Proprietary information" means information that is a trade secret
     5  or is production, commercial or financial information, that if disclosed
     6  would  impair  the  competitive position of the submitter and would make
     7  available information not otherwise publicly available.
     8    13. "Recycle" means to separate, dismantle or process  the  materials,
     9  components  or commodities contained in covered products for the purpose
    10  of preparing the materials, components or commodities for use  or  reuse
    11  in  new  products  or components. "Recycle" does not include: (a) energy
    12  recovery or energy generation by any means, including  but  not  limited
    13  to,  combustion,  incineration,  pyrolysis, gasification, solvolysis, or
    14  waste to fuel; (b) any chemical  conversion  process;  or  (c)  landfill
    15  disposal.
    16    14. "Recycler" means a person that engages in recycling.
    17    15.  "Recycling  rate"  means  the  percentage  of  discarded  covered
    18  products that is managed through  recycling  or  reuse,  as  defined  by
    19  subdivisions  thirteen  and  twenty  of this section, and is computed by
    20  dividing the amount of discarded covered products collected and recycled
    21  or reused by the total amount of discarded  covered  products  collected
    22  and  reported to the department by the landfills and solid waste facili-
    23  ties in the state over a program year.
    24    16. "Renovate" means to alter a discarded mattress for resale  through
    25  replacing the ticking or filling, adding additional filling or replacing
    26  components  of  the  discarded  mattress with new or recycled materials.
    27  Renovate does not mean: (a) stripping a discarded mattress of the  tick-
    28  ing  or  filling without adding new material; or (b) the sanitization or
    29  sterilization of a discarded mattress  without  the  alteration  to  the
    30  discarded mattress.
    31    17. "Renovator" means a person that renovates discarded mattresses.
    32    18.  "Representative organization" means a not-for-profit organization
    33  established by a  producer  or  group  of  producers  to  implement  the
    34  mattress collection program.
    35    19. "Retailer" means any person who sells or offers for sale a covered
    36  product to a consumer in the state.
    37    20. "Reuse" means donating or selling a discarded covered product back
    38  into  the  market  for  its  original  intended  use, when the discarded
    39  covered product retains its original performance characteristics and can
    40  be used for its original purpose.
    41    21. "Sale" or "sell" means a transfer of title to  a  covered  product
    42  for  consideration,  including  a  remote  sale conducted through a sale
    43  outlet, catalog, website, by telephone  or  through  similar  electronic
    44  means. "Sale" or "sell" includes a lease through which a covered product
    45  is  provided  to  a  consumer  in  the state by a producer, distributor,
    46  wholesaler, or retailer.
    47    22. "Sanitization" means the direct  application  of  chemicals  to  a
    48  mattress to kill pathogens that cause human disease.
    49    23. "Sterilization" means the mitigation of any deleterious substances
    50  or  organisms,  including  pathogens that cause human disease, fungi and
    51  insects, from a mattress or filling material using a  chemical  or  heat
    52  process.
    53    24.  "Ticking"  means  the outermost layer of fabric or materials of a
    54  mattress. Ticking does not include  any  layer  of  fabric  or  material
    55  quilted  together  with, or otherwise attached to the outermost layer of
    56  fabric or material of a mattress.
        S. 6419--D                          4

     1    25. "Upholstery material" means all material loose or attached between
     2  the ticking and the core of the mattress.
     3  § 27-3403. Producer plan.
     4    1.  No later than one year after the effective date of this section, a
     5  producer, either individually or cooperatively with one or more  produc-
     6  ers, or a representative organization shall submit to the department for
     7  the  department's  approval  a  plan for the establishment of a mattress
     8  collection program that meets the collection requirements  described  in
     9  this section.
    10    2.  A producer may satisfy the mattress collection program requirement
    11  of this section by  agreeing  to  participate  collectively  with  other
    12  producers.  Any such collective mattress collection program shall notify
    13  the department.
    14    3. A producer or representative organization shall update the plan, as
    15  needed, when there are changes proposed to the current  program.  A  new
    16  plan or amendment will be required to be submitted to the department for
    17  approval when:
    18    (a) There is a revision of the program's goals; or
    19    (b) Every five years from the date of approval of a previous plan.
    20    4.  The  plan submitted by the producer or representative organization
    21  to the department under this section shall:
    22    (a) Provide a list of each participating producer and  brands  covered
    23  by the program;
    24    (b)  A  description of the methods by which discarded covered products
    25  delivered to collection sites will be collected;
    26    (c) (1) A  description  of  how  the  program  will  provide  for  the
    27  collection  of covered products, free of cost and in a manner convenient
    28  to consumers, including how the program will achieve, at  a  minimum,  a
    29  convenience standard that ensures that all counties of the state and all
    30  municipalities that have a population of ten thousand or greater have at
    31  least  one  permanent  collection  site  and  one  additional  permanent
    32  collection site for every thirty thousand people located in those areas,
    33  that accepts covered products  from  consumers  during  normal  business
    34  hours;  however,  with  respect  to  a  city  having a population of one
    35  million or more, after consultation with the department of sanitation of
    36  such city, the department may otherwise establish an alternative conven-
    37  ience standard. The producer,  group  of  producers,  or  representative
    38  organization  may  coordinate  the program with existing municipal waste
    39  collection infrastructure as is mutually agreeable.  Convenience  stand-
    40  ards  shall  be evaluated by the department periodically and the depart-
    41  ment may require additional  collection  locations  to  ensure  adequate
    42  consumer convenience.
    43    (2)  To  meet  these  convenience standards, the producer or represen-
    44  tative organization shall:
    45    i. Enter into voluntary agreements to establish  collection  sites  at
    46  public and private solid waste facilities; transfer stations; landfills;
    47  recyclables  handling  and  recovery  facilities  that  are permitted or
    48  registered  with  the  department;  or  other  suitable  sites  for  the
    49  collection of discarded covered products;
    50    ii.  Provide mattress storage containers at no cost to a participating
    51  collection site described in clause i of this subparagraph;
    52    iii. Negotiate mutually agreed upon voluntary agreements with  partic-
    53  ipating collection sites described in clause i of this subparagraph that
    54  provide   for   reasonable  compensation  for  the  actual  costs  these
    55  collection sites incur to handle, store, and  (if  necessary)  transport
    56  covered products for recycling;
        S. 6419--D                          5

     1    iv.  For  collection  sites  as described in clause i of this subpara-
     2  graph, and other entities such  as  healthcare  facilities,  educational
     3  facilities,  military  facilities,  junk haulers, hotels and motels that
     4  provide  transient  lodging,  and  other  facilities  that  periodically
     5  replace covered products that they own or use, and who have collected at
     6  least  100  recyclable  covered  products  for recycling, provide at its
     7  expense  an  appropriate  storage  container,  transportation   from   a
     8  collection  point  to  a  recycler,  and services to recycle the covered
     9  products; and
    10    v. Enter into voluntary agreements with  retailers  that  pick  up  or
    11  accept  covered  products  from  consumers  upon  the  purchase of a new
    12  mattress for recycling.
    13    (d) The names and locations of collections  sites,  transporters,  and
    14  recyclers  who  will  manage  discarded  covered  products  delivered to
    15  collection sites at the time of plan submission;
    16    (e) A description of how the discarded covered products will be safely
    17  and securely transported, tracked, and  handled  from  collection  sites
    18  through final recycling and processing;
    19    (f)  A  description  of  the  methods  to  be used to reuse or recycle
    20  discarded covered products to ensure that the components, to the  extent
    21  feasible,  are  transformed or remanufactured into finished products for
    22  use;
    23    (g) A description of the standards under which any material or article
    24  that includes components of discarded covered products may  be  sold  as
    25  "new"  under  section three hundred eighty-three of the general business
    26  law;
    27    (h) A description of the methods to be used to manage  or  dispose  of
    28  discarded covered products that cannot be recycled or reused;
    29    (i)  A  description  of  how  the program will meet annual performance
    30  goals, as determined by the department, provided that at a minimum,  the
    31  program shall achieve the following recycling rates:
    32    (1)  a  thirty  percent  recycling  rate  for  mattresses of which ten
    33  percent shall be closed-loop recycling by five years after the  plan  is
    34  approved by the department pursuant to section 27-3409 of this title;
    35    (2)  a  fifty  percent  recycling  rate for mattresses of which twenty
    36  percent shall be closed-loop recycling by ten years after  the  plan  is
    37  approved  by  the  department pursuant to section 27-3409 of this title;
    38  and
    39    (3) a seventy-five percent recycling rate  for  mattresses,  of  which
    40  forty  percent shall be closed-loop recycling by fifteen years after the
    41  plan is approved by the department pursuant to section 27-3409  of  this
    42  title;
    43    (j)  A description of the outreach and educational materials that must
    44  be provided to consumers, retailers, collection sites, and  transporters
    45  of  discarded  covered products, and how such outreach will be evaluated
    46  for effectiveness;
    47    (k) Describe what, if  any,  incentives  will  be  used  to  encourage
    48  retailer participation;
    49    (l)  Describe  the  sources of data and methodology for estimating the
    50  amount of mattresses discarded in the state annually;
    51    (m) Describe the outreach and education methods that will be  used  to
    52  encourage municipal landfill and transfer station participation; and
    53    (n) Any other information as specified by the department.
    54  § 27-3405. Producer responsibilities.
    55    1.  Beginning  six months after the plan is approved under subdivision
    56  four of section 27-3409 of this title, the  producer  or  representative
        S. 6419--D                          6

     1  organization  shall  implement the mattress collection program utilizing
     2  collection sites pursuant  to  paragraph  (c)  of  subdivision  four  of
     3  section 27-3403 of this title.
     4    2.  A producer shall not sell, or offer for sale, a covered product to
     5  any person in the state unless the producer is implementing  or  partic-
     6  ipating under an approved plan.
     7    3.  The program shall be free to the consumer, convenient and adequate
     8  to serve the needs of consumers in all areas of the state on an  ongoing
     9  basis.
    10    4.  A producer or representative organization shall be responsible for
    11  the costs associated with the implementation of the collection  program,
    12  including  but  not  limited to the cost of collection. Each producer or
    13  representative organization shall pay fees established by the department
    14  to cover costs incurred by the  department  in  the  administration  and
    15  enforcement of this title. Exclusive of fines and penalties, the depart-
    16  ment  shall  only  be  reimbursed  its actual cost of administration and
    17  enforcement.
    18    5. A producer or representative organization  shall  maintain  records
    19  demonstrating compliance with the provisions of this title and make them
    20  available  for  audit  and  inspection by the department for a period of
    21  three years. The department shall make such audit records  available  to
    22  the  public  upon request in accordance with the provisions of the state
    23  freedom of information law and the regulations  promulgated  thereunder,
    24  provided  that  confidential  or  business  proprietary records shall be
    25  exempt from this provision.   Record holders shall  submit  the  records
    26  required to comply with the request within sixty working days of written
    27  notification by the department of receipt of the request.
    28    6.    Any  person  who  becomes a producer on or after July first, two
    29  thousand twenty-five shall submit a plan to the  department,  or  notify
    30  the  department that it has joined an existing plan, prior to selling or
    31  offering for sale in the state any covered  product,  and  shall  comply
    32  with the requirements of this title.
    33    7. Within eighteen months following approval of the producer plan, and
    34  annually  thereafter,  a  producer  or representative organization shall
    35  submit a report to  the  department  that  includes,  for  the  previous
    36  program  calendar  year, a description of the program including, but not
    37  limited to the following:
    38    (a) a detailed description of the methods used to collect,  transport,
    39  and   process   covered  products  in  the  state,  including  detailing
    40  collection methods made available to consumers and an evaluation of  the
    41  program's collection convenience;
    42    (b) identification of all collection sites in the state;
    43    (c)  the  estimated weight of all discarded covered products collected
    44  and reused or recycled pursuant to the mattress collection program;
    45    (d) an evaluation of whether the performance goals and recycling rates
    46  have been achieved;
    47    (e) the estimated weight of discarded covered products and any  compo-
    48  nent  materials  that were collected pursuant to the collection program,
    49  but not recycled;
    50    (f) the total cost of implementing the program;
    51    (g) samples of all educational materials provided to consumers  and  a
    52  detailed  list  of  efforts  undertaken and an evaluation of the methods
    53  used to disseminate such materials including  recommendations,  if  any,
    54  for how the educational component of the program can be improved; and
    55    (h)  any other information required by the department that is relevant
    56  to the requirements of this title.
        S. 6419--D                          7

     1    8. Each producer, group of producers  or  representative  organization
     2  shall  submit  an  annual  report  to  the department as provided for in
     3  subdivision seven of this section that assesses compliance with perform-
     4  ance goals and describes any modifications  necessary  to  achieve  such
     5  goals.
     6    9.  A  producer  or the representative organization that organizes the
     7  collection, transport and processing of mattresses, in an action  solely
     8  to  increase  the  recycling of mattresses by a producer, representative
     9  organization, or retailer that affects the types  and  quantities  being
    10  recycled  or  the  cost and structure of any return program shall not be
    11  liable for any claim of a violation of antitrust, restraint of trade  or
    12  unfair trade practice arising from conduct undertaken in accordance with
    13  the program pursuant to this section.
    14  § 27-3407. Retailer, distributor and wholesaler responsibilities.
    15    1.  Beginning  July  first,  two  thousand  twenty-six,  no  retailer,
    16  distributor, or wholesaler may sell or offer for sale  covered  products
    17  in  the state unless the producer of such products is participating in a
    18  mattress collection program.  A  retailer,  distributor,  or  wholesaler
    19  shall  be  in  compliance  with this section if, on the date the covered
    20  products were ordered from the producer or its agent, the  producer  was
    21  listed  on  the department's website as implementing or participating in
    22  an approved program.
    23    2. Any retailer, distributor, or  wholesaler  may  participate,  on  a
    24  voluntary  basis, as a designated collection site pursuant to a mattress
    25  collection program and in accordance with all applicable laws and  regu-
    26  lations.
    27  § 27-3409. Department responsibilities.
    28    1.  The  department  shall  maintain  a  list of producers, retailers,
    29  distributors, and wholesalers who are in compliance with this title  and
    30  post such list on the department's website.
    31    2.  The  department  shall  post  on  its  website the location of all
    32  collection sites identified to the department by  the  producer  in  its
    33  annual reports.
    34    3.  The  department  shall  post  on  its  website  each producer plan
    35  approved by the department.
    36    4. Within ninety days after receipt of a proposed plan or plan  amend-
    37  ment, the department shall approve or reject such plan or plan amendment
    38  based  on  whether  such  proposed plan or plan amendment satisfactorily
    39  meets the requirements of subdivision four of section  27-3403  of  this
    40  title.  If  the plan or plan amendment is approved, the department shall
    41  notify the producer or representative organization in writing.   If  the
    42  department  rejects  the  plan  or  plan amendment, the department shall
    43  notify the producer or representative organization  in  writing  stating
    44  the  reason  for  rejecting  the  plan  or plan amendment. A producer or
    45  representative organization  whose  plan  is  rejected  shall  submit  a
    46  revised  plan to the department within thirty days of receiving a notice
    47  of rejection.  If the department rejects the  subsequent  proposal,  the
    48  producer or producers at issue shall be out of compliance and subject to
    49  enforcement provisions.
    50    5.  The  department shall submit a report regarding the implementation
    51  of this title in this state to the governor  and  legislature  by  April
    52  first,  two  thousand  twenty-five  and  every two years thereafter. The
    53  report shall include, at a minimum, an evaluation of:
    54    (a) The stream of covered products in the state;
    55    (b)  Disposal,  recycling,  and  reuse  rates  in  the  state  covered
    56  products;
        S. 6419--D                          8

     1    (c) A discussion of compliance and enforcement related to the require-
     2  ments of this title; and
     3    (d) Recommendations for any changes to this title.
     4  § 27-3411. Mattress collection program advisory board.
     5    1.  There  is  hereby  established  within  the  department a mattress
     6  collection program advisory board to make recommendations to the commis-
     7  sioner regarding producer plans required by this title.
     8    2. The board shall be composed of twelve voting members. Such  members
     9  shall include:
    10    (a) One representative of mattress producers;
    11    (b) Two representatives of mattress retailers;
    12    (c) One representative of mattress recyclers;
    13    (d) Two representatives of mattress collectors;
    14    (e)  One  representative  of a company that utilizes discarded covered
    15  products to manufacture a new product;
    16    (f) One representative from a statewide environmental organization;
    17    (g) One representative from a statewide waste disposal association;
    18    (h) One representative from the New York product stewardship council;
    19    (i) One representative from a consumer organization; and
    20    (j) One representative from a statewide recycling organization.
    21    3. The members shall be appointed as follows:
    22    (a) Two members to be appointed by  the  temporary  president  of  the
    23  senate;
    24    (b) Two members to be appointed by the speaker of the assembly;
    25    (c) One member to be appointed by the minority leader of the senate;
    26    (d) One member to be appointed by the minority leader of the assembly;
    27  and
    28    (e) Six members to be appointed by the governor.
    29    4.  Such appointments shall be made no later than sixty days following
    30  the date on which this title takes effect. The members shall designate a
    31  chair from among the members  by  majority  vote.  Board  members  shall
    32  receive  no  compensation  but  shall be entitled to their necessary and
    33  actual expenses incurred in the performance of their board duties.
    34    5. The board shall meet at least annually by call of the chair.
    35  § 27-3413. Multi-state cooperation.
    36    In the event  that  another  state  implements  a  mattress  recycling
    37  program,  the  producers  or representative organization may collaborate
    38  with such state to conserve efforts and resources used in  carrying  out
    39  the mattress collection program, provided such collaboration is consist-
    40  ent with the requirements of this title.
    41  § 27-3415. Enforcement and penalties.
    42    Any  producer,  representative organization, retailer, distributor, or
    43  wholesaler who fails to comply with any provision of or fails to perform
    44  any duty imposed pursuant to this title shall  be  liable  for  a  civil
    45  penalty  not  to  exceed  five hundred dollars for each violation and an
    46  additional penalty of not more than five hundred dollars  for  each  day
    47  during  which  such  violation  continues.    Civil penalties under this
    48  section shall be assessed by the department after a hearing or  opportu-
    49  nity  to  be heard pursuant to the provisions of section 71-1709 of this
    50  chapter.
    51  § 27-3417. Rules and regulations.
    52    The department is hereby authorized to promulgate any rules and  regu-
    53  lations necessary to implement this title.
    54    §  2. Section 71-1701 of the environmental conservation law is amended
    55  to read as follows:
    56  § 71-1701. Applicability of this title.
        S. 6419--D                          9

     1    This title shall be applicable to the enforcement of titles 1  through
     2  11  and  titles  15  through  19  of article 17; article 19; and [title]
     3  titles 1 and 34 of article 27  of this chapter.
     4    § 3. Section 71-1701 of the environmental conservation law, as amended
     5  by chapter 795 of the laws of 2022, is amended to read as follows:
     6  § 71-1701. Applicability of this title.
     7    This  title shall be applicable to the enforcement of titles 1 through
     8  11 and titles 15 through 19 of article 17;  article  19;  and  titles  1
     9  [and], 33 and 34 of article 27 of this chapter.
    10    §  4.  Subdivision  2  of  section 383 of the general business law, as
    11  amended by chapter 413 of the laws  of  2017,  is  amended  to  read  as
    12  follows:
    13    2.  "New" shall mean any material or article which has not been previ-
    14  ously used for any purpose, including by-products produced in the  manu-
    15  facture of new fabric, and material reclaimed from new fabric; provided,
    16  however,  "new" shall include any bedding collected and recycled through
    17  a mattress collection program that meets the standards set  forth  in  a
    18  producer  plan  approved by the department of environmental conservation
    19  pursuant to title thirty-four of article twenty-seven  of  the  environ-
    20  mental conservation law;
    21    §  5.  This  act shall take effect immediately; provided, however, the
    22  amendments to section 71-1701 of the environmental conservation law made
    23  by section three of this act shall take effect on the same date  and  in
    24  the  same  manner as section 2 of chapter 795 of the laws of 2022, takes
    25  effect.