Bill Text: NY S06419 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--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. LBD10633-12-4S. 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; andS. 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 representativeS. 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.
