Document elcerrito_gov_doc_a5fe3cbda1

AGENDA BILL Agenda Item No. 5(G) Date: April 16, 2013 To: El Cerrito City Council From: Garth Schultz, Environmental Analyst Subject: Letter of support for Senate Bill 254 (Hancock) the Used Mattress Recovery and Recycling Act ACTION REQUESTED Approve a recommendation authorizing Mayor Lyman to sign a letter expressing the City Council’s support for Senate Bill 254 – The Used Mattress Recovery and Recycling Act, legislation which would foster the creation of convenient, cost-free programs for consumers to recycle used mattresses and direct the City Clerk to send the letter to the Honorable Jerry Hill, Chair of the Senate Committee on Environmental Quality and other appropriate legislators and legislative bodies. BACKGROUND & ANALYSIS On April 9, 2013, the El Cerrito Environmental Quality Committee passed a motion recommending that Council support SB 254– the Used Mattress Recovery and Recycling Act. Mattresses are bulky items that take up a lot of space in landfills because they do not compact well, and springs from mattresses can easily catch in equipment used in landfill operations. While 80-90% of mattress components are recyclable, some mattress components have value, there is still a net cost to collect and recycle them. Currently, when a resident or business has a mattress for recycling, they must either haul the mattress to a transfer station and pay a recycling fee ($14 at the Berkeley Transfer Station or $30 at Golden Bear Transfer Station) or pay a private hauler to recycle it for them ($54 with East Bay Sanitary). Often times, consumers do not want to pay a landfill disposal fee and end up illegally dumping them on city property. Senate Bill 254 (SB254), authored by State Senator Loni Hancock, would help eliminate illegal dumping of used mattresses on City streets and public areas by removing the financial burden placed on consumers seeking to recycle these items by requiring manufacturers to pick up mattresses at the end-of-life, at no cost to the consumer and the public agencies. The El Cerrito City Council has previously supported similar legislation mandating manufacturer responsibility, including AB1343 the Paint Recovery Act (Huffman), which was signed into law in 2010. Like AB1343, SB 254 will reduce the financial burden on local governments and protect the environment by requiring manufacturers to take responsibility for establishing and implementing a collection and recycling program for used mattresses. An industry-run program using a market based approach will be more efficient and cost-effective than multiple municipality-led programs. ---PAGE BREAK--- Agenda Item No. 5(G) FINANCIAL CONSIDERATIONS There is no financial obligation associated with the requested action. Reviewed by: Attachments: 1. Letter in Support of SB 254 2. SB 254 Mattress Recycling Fact Sheet 3. SB 254 Status and Text Page 2 ---PAGE BREAK--- OFFICE OF THE MAYOR Gregory B. Lyman CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org April 16, 2013 The Honorable Jerry Hill Chair, Senate Committee on Environmental Quality State Capitol, Room 5064 Sacramento, CA 95814 RE: SB 254 (Hancock): Used Mattress Recovery and Recycling Act – SUPPORT Dear Senator Hill: On behalf of the City Council of the City of El Cerrito, I am writing to express the City Council’s support for Senate Bill 254 by Senator Loni Hancock. SB 254 would foster the creation of convenient, cost-free programs for consumers to recycle used mattresses. There currently is no state law providing for the recycling of used mattress. More and more communities up and down California, including our own, have seen an increased number of used mattresses on our streets and sidewalks. In the City of Richmond, for example, approximately 2200 mattresses were recovered in 2012. The City of Los Angeles recovers between 120 and 150 mattresses every day. This is not an abstract problem—the costs of dealing with these mattresses places considerable pressure on our cities, counties, and communities. The accumulation of used mattresses in public spaces also poses a serious public health problem, as they can be a breeding ground for mold and pests. In the City of El Cerrito, residents pay up to $55 per mattress for hauling and recycling of used mattresses. Some residents avoid paying these costs by dumping mattresses in streets, parks, and other public areas. Not only is this kind of illegal dumping a public nuisance and health and safety concern, but it is also a financial burden on the City’s maintenance programs. SB 254 would help solve this problem by requiring mattress manufacturers to seek CalRecycle approval of mattress recycling programs. The plans would have to achieve the goal of ensuring that 75 percent of used mattresses in California are recycled by 2020. This is an eminently possible goal, one that has already been achieved for bottles, E- waste, and other solid waste. Agenda Item No. 5(G) Attachment 1 ---PAGE BREAK--- OFFICE OF THE MAYOR Gregory B. Lyman CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org The City of El Cerrito is, therefore, supportive of Senator Hancock’s efforts to increase the recycling of used mattresses in California. We believe that SB 254 is a necessary step in removing this blight and public health hazard from our streets and communities. Sincerely, Gregory B. Lyman Mayor, City of El Cerrito cc: Members of and Consultants to the Senate Committee on Environmental Quality, Senate President Pro Tem Darrell Steinberg Senator Loni Hancock ---PAGE BREAK--- Contact: Paco Torres, Office of Senator Loni Hancock, 651-4009, [EMAIL REDACTED]. PURPOSE OF THE BILL Existing law prohibits the dumping of solid waste, except at specific solid waste disposal sites as authorized by law. In recent years, the problem of illegally dumped mattresses has become more serious, especially in the parts of the state that have been hit hardest by the recent recession. The Used Mattress Recovery and Recycling Act will require manufacturers of mattresses sold in this state to develop, finance and implement a convenient and cost effective program to collect and recycle used mattresses. PROBLEM & NEED FOR THE BILL Existing law provides several examples for the disposal of solid waste. AB 2020 (Margolin, 1986), the popularly-known “bottle bill,” created a now-widespread program allowing for the recycling and redemption of beverage containers. SB 20 (Sher, 2003) created a program to deal with the problem of illegally disposed e-waste, including discarded computer equipment and other electronics. There is currently no statute addressing the problem of illegally dumped mattresses. More communities are experiencing an increased number of illegally dumped mattresses, especially given the foreclosure crisis resulting from the recent recession. The accumulation of these used mattresses in public spaces, especially if left for long periods of time, can pose a serious public health problem. Used mattresses can be a breeding ground for mold and pests. The scope of the problem is growing. In Oakland, for example, between 18 and 35 mattresses are recovered per day. The city estimates that municipal operations devoted to recovering these mattresses costs approximately $500,000 annually. The City of Richmond estimates that it has recovered approximately 5,000 illegally dumped mattresses from December 2010 to March 2012. The City of Los Angeles estimates that it recovers 120- 150 illegally dumped mattresses per day. The City and County of San Francisco recovers approximately 75 to 80 mattresses per day. The costs of illegally dumped mattresses—both in risk to public health and the burden on financially strapped cities—require action by the legislature. WHAT THIS BILL WOULD DO This bill will help reduce illegal dumping, increase recycling and substantially reduce public agency costs for end-of-life management of used mattresses. SB 254 would require mattress manufacturers to submit a recovery and recycling plan to CalRecycle by April 1, 2015. Consistent with existing state policy, the plans would have a goal of recycling at least 75 percent of used mattresses in California by January 1, 2020. A compliant plan would provide consumers with convenient, no-cost opportunities to recycle mattresses. These include upon delivery of a new mattress, or when dropped off at a recycling facility or solid waste facility. The bill would also provide consumers the option of having mattress retailers recover, at no cost, an equivalent used mattress upon the delivery of a new mattress. CalRecycle would have authority to consider a manufacturer’s proposed recovery and recycling plan and determine if it is in compliance. A manufacturer would implement its plans by July 1, 2015. CalRecycle may impose an administrative cost on manufacturers that is sufficient to meet, but not exceed, the cost of reviewing and approving the recycling plans. \ SUPPORT Californians Against Waste (sponsor). BILL STATUS Referred to the Senate Committee on Environmental Quality – February 21, 2013. SB 254 (Hancock): Used Mattress Recovery and Recycling Act Last updated: February 21, 2013 As Introduced in Senate, February 13, 2013 Agenda Item No. 5(G) Attachment 2 ---PAGE BREAK--- SB 254 Assembly Bill - Status http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0251-0300/sb_254_bill_20130404_status.html[4/8/2013 10:36:07 AM] CURRENT BILL STATUS MEASURE : S.B. No. 254 AUTHOR(S) : Hancock. TOPIC : Solid waste: used mattresses: recycling and recovery. HOUSE LOCATION : SEN +LAST AMENDED DATE : 04/01/2013 TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 04/02/2013 LAST HIST. ACTION : Set for hearing April 17. COMM. LOCATION : SEN ENVIRONMENTAL QUALITY HEARING DATE : 04/17/2013 TITLE : 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. Agenda Item No. 5(G) Attachment 3 ---PAGE BREAK--- SB 254 Senate Bill - History http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0251-0300/sb_254_bill_20130402_history.html[4/8/2013 10:37:10 AM] COMPLETE BILL HISTORY BILL NUMBER : S.B. No. 254 AUTHOR : Hancock TOPIC : Solid waste: used mattresses: recycling and recovery. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2013 Apr. 2 Set for hearing April 17. Apr. 1 From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q. Feb. 21 Referred to Com. on E.Q. Feb. 14 From printer. May be acted upon on or after March 16. Feb. 13 Introduced. Read first time. To Com. on RLS. for assignment. To print. Agenda Item No. 5(G) Attachment 3(b) ---PAGE BREAK--- AMENDED IN SENATE APRIL 1, 2013 SENATE BILL No. 254 Introduced by Senator Hancock 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 cell phones 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 and would define terms for purposes of the act. The bill would require a manufacturer of mattresses sold in this state, individually, collectively, or through a stewardship organization, to provide in an electronic format an interim plan to the Department of Resources Recycling and Recovery by April 1, 2014, that ensures that the manufacturer will be responsible for the collection and recycling of used mattresses generated by consumers. The bill would require a manufacturer to implement the interim plan by July 1, 2014, and to continue implementation until a mattress stewardship plan is approved, conditionally approved, or disapproved by the department. The bill would require a manufacturer of mattresses sold in this state, individually, collectively, or through a stewardship organization, to submit a mattress stewardship plan to the department by April 1, 2015. The bill would specify the requirements to be included in the plan, 98 Agenda Item No. 5(G) Attachment 3(C) ---PAGE BREAK--- including meeting specified recycling goals. The bill would specify a procedure for the department’s approval, disapproval, or conditional approval of a plan. The bill would require a retailer of mattresses on and after July 1, 2014, to offer the consumer the option of picking up a used mattress, at the time a new mattress is delivered to the consumer, at no additional cost to the consumer. The bill would prohibit a manufacturer or retailer from selling or offering for sale a mattress to any person in this state unless the manufacturer is in compliance with the act and would prohibit a manufacturer from selling a mattress on or after August 1, 2015, if the manufacturer is not covered by an approved or conditionally approved plan. The bill would require the department, by August 1, 2015, except as specified, and by July 1 annually thereafter, to post on its Internet Web site a listing of manufacturers that have submitted a plan and to annually post a listing of manufacturers in compliance with the act. The bill would require retailers that distribute or sell mattresses to monitor the department’s Internet Web site to determine if the manufacturer of a mattress is in compliance with the requirements of the act. The bill would require a manufacturer, individually, collectively, or through a stewardship organization, to submit an annual report to the department describing its mattress stewardship efforts. The bill would require the department to review the annual report within 90 days of receipt and adopt a finding of compliance or noncompliance with the requirements of the act. The bill would authorize the department to require a manufacturer or stewardship organization submitting that annual report that is not meeting the act’s requirements, to amend and resubmit the plan and would require the department to remove the manufacturer’s name from the listing of manufacturers that are in compliance, until as specified. The bill would require recyclers and renovators, as defined, to submit an annual report to the department regarding mattresses received and recycled and would require the operator of a solid waste facility to submit an annual report to the department regarding the number of used mattresses received and designated for recycling or renovation in the state during the preceding calendar year. The bill would authorize the department to require a manufacturer to pay the department a quarterly administrative fee, as determined by the department. 98 — 2 — SB 254 ---PAGE BREAK--- The bill would require these fees to be deposited into the Mattress Recovery and Recycling Account, which the bill would establish in the Integrated Waste Management Fund. The bill would provide that the moneys in the account would be available for expenditure by the department, upon appropriation by the Legislature. The bill would require a manufacturer or stewardship organization to provide the department with reasonable and timely access, as determined by the department, to its facilities or operations, and to provide the department with any relevant records. The bill would require the records to be maintained and accessible for 3 years. The bill would require all reports and records to be provided to the department under penalty of perjury, thereby imposing a state-mandated local program by creating a new crime. The bill would allow the department to impose an administrative civil penalty in specified amounts on a manufacturer, stewardship organization, or retailer who that is in violation of the act. The bill would require the department to deposit all penalties collected into the Mattress Recovery and Recycling Penalty Account, which the bill would establish in the Integrated Waste Management Fund. The bill would provide that the moneys in the penalty account would be available for expenditure by the department, upon appropriation by the Legislature. The bill would also authorize the department to take other actions to enforce the act. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Chapter 21 (commencing with Section 42985) line 2 is added to Part 3 of Division 30 of the Public Resources Code, to line 3 read: 98 SB 254 — 3 — ---PAGE BREAK--- line 1 Chapter 21. Used Mattress Recovery and Recycling Act line 2 line 3 42985. The Legislature finds and declares all of the line 4 following: line 5 In order to reduce illegal dumping, increase recycling, and line 6 substantially reduce public agency costs for the end-of-life line 7 management of used mattresses, the Used Mattress Recovery and line 8 Recycling Act is hereby established by this chapter to require line 9 manufacturers of mattresses sold in this state to develop, finance, line 10 and implement a convenient and cost-effective program to collect, line 11 reuse where possible, and recycle used mattresses generated in line 12 this state. line 13 Consistent with existing state policy, the program developed line 14 and implemented by manufacturers of mattresses sold in this state line 15 shall be capable of the recovery and recycling of at least 75 percent line 16 of used mattresses generated in this state annually on and after line 17 January 1, 2020. line 18 This chapter shall be known, and may be cited, as the Used line 19 Mattress Recovery and Recycling Act. line 20 This chapter does not prohibit a manufacturer from line 21 internalizing the cost of implementing this chapter. line 22 42986. For the purposes of this chapter, the following terms line 23 have the following meanings: line 24 “Account” means the Mattress Recovery and Recycling line 25 Account established pursuant to Section 42995. line 26 “Common carrier” has the same meaning as defined in line 27 Section 2168 of the Civil Code. line 28 “Consumer” means an owner of a mattress, including a line 29 person, business, corporation, limited partnership, nonprofit line 30 organization, or governmental entity. line 31 “Interim plan” means a plan provided to the department line 32 pursuant to Section 42987. line 33 “Manufacturer” means one of the following persons: line 34 A person who manufactures a mattress and who sells, offers line 35 for sale, or distributes the mattress in the state under that person’s line 36 own name or brand. line 37 If there is no person who is a manufacturer of the mattress line 38 for the purpose of subparagraph the manufacturer is the person line 39 named on the label pursuant to Section 1633.12 of Title 16 of the line 40 Code of Federal Regulations. 98 — 4 — SB 254 ---PAGE BREAK--- line 1 A retailer whose name or brand may be on a mattress is not line 2 the manufacturer of the mattress, unless the retailer actually made, line 3 produced, and assembled that product. line 4 “Mattress” means any resilient material or combination line 5 of materials that is enclosed by a twin size or larger mattress line 6 ticking, used alone or in combination with other products, and that line 7 is intended for or promoted for sleeping upon. line 8 “Mattress” includes any foundation and any renovation. line 9 “Mattress” does not include an unattached mattress pad, line 10 unattached mattress topper, sleeping bag, pillow, car bed, carriage, line 11 basket, dressing table, stroller, playpen, infant carrier, lounge pad, line 12 crib bumper, liquid and gaseous filled ticking including any water line 13 bed and air mattress that does not contain upholstery material line 14 between the ticking and the mattress core, and upholstered furniture line 15 that does not otherwise contain a detachable mattress. line 16 “Mattress stewardship plan” or “plan” means a plan line 17 submitted to the department pursuant to Section 42988. line 18 “Recycle” or “recycling” has the same meaning as defined line 19 in Section 40180. For the purposes of this chapter renovation shall line 20 be considered recycling. line 21 “Recycler” means a person that engages in the manual or line 22 mechanical separation of mattresses to substantially recover line 23 components and commodities contained in the mattresses for the line 24 purpose of reuse or recycling. line 25 “Renovate” or “renovation” means altering a mattress line 26 for the purpose of resale and includes any one, or a combination line 27 of, the following: line 28 Replacing the mattress ticking or filling. line 29 Adding additional filling. line 30 Rebuilding a mattress. line 31 Replacing components with new or recycled materials. line 32 “Renovate” or “renovation” does not include any of the line 33 following: line 34 Stripping of a mattress of its ticking or filling without adding line 35 new material. line 36 Sterilizing or sanitizing a mattress without otherwise altering line 37 the mattress. line 38 Altering a mattress by a renovator when a person retains line 39 the altered mattress for lease, rental, or personal use. 98 SB 254 — 5 — ---PAGE BREAK--- line 1 Refurbishing that disqualifies a mattress for a yellow line 2 wholesale renovator tag to be affixed to the mattress, in accordance line 3 with the regulations adopted by the Department of Consumer line 4 Affairs. line 5 “Renovator” means a person that renovates used mattresses. line 6 “Retailer” means a person who sells mattresses in the state line 7 or offers to consumers mattresses in the state through any means, line 8 including, but not limited to, by remote offering such as sales line 9 outlets or catalogs. line 10 “Stewardship organization” means a nonprofit organization line 11 created by one or more manufacturers to act on behalf of the line 12 manufacturer to provide an interim plan to the department pursuant line 13 to Section 42987 or to design, submit, and implement a mattress line 14 stewardship plan pursuant to Section 42988. line 15 “Used mattress” means a mattress that is no longer used for line 16 its manufactured purpose. line 17 “Voucher” means a promise to a consumer of a new mattress line 18 to provide that consumer with a future, no cost take back of a used line 19 mattress for recycling, as described in this chapter. The voucher line 20 may include a payment, coupon, chit, or other form of paper or line 21 electronic authorization that enables the consumer to drop off a line 22 used mattress for recycling at any recycling facility or solid waste line 23 facility at no cost to the consumer, and which that the operator of line 24 the facility can then redeem from a manufacturer or the line 25 manufacturer’s agent in order to cover the cost of recovery and line 26 recycling. line 27 42987. On or before April 1, 2014, a manufacturer of line 28 mattresses sold in this state shall, individually, collectively, or line 29 through a stewardship organization, provide an interim plan to the line 30 department in an electronic format. line 31 The interim plan shall ensure that the manufacturer will be line 32 responsible for the collection and recycling of used mattresses line 33 generated by consumers. The interim plan shall include a line 34 description of activities that the manufacturer shall undertake as line 35 part of the plan and shall require the manufacturer to do all of the line 36 following: line 37 Ensure that when a new mattress is delivered to a consumer line 38 by a retailer, the consumer is given the option of having a used line 39 mattress picked up for recycling at the time of delivery, at no 98 — 6 — SB 254 ---PAGE BREAK--- line 1 additional cost to the consumer or retailer. A retailer may contract line 2 out to a third-party entity for the pickup of used mattresses. line 3 Ensure that when a new mattress is purchased and picked line 4 up by a consumer, the consumer is given a voucher that provides line 5 for the dropoff and recycling of a used mattress at a local solid line 6 waste or recycling facility at no additional cost to the consumer, line 7 retailer, or facility. line 8 Otherwise provide consumers with convenient opportunities line 9 to properly dispose of their used mattresses. line 10 The department shall post the interim plan provided pursuant line 11 to this section on its Internet Web site. line 12 On and after July 1, 2014, a manufacturer shall implement line 13 the interim plan provided pursuant to subdivision and shall line 14 continue implementation of the interim plan until the mattress line 15 stewardship plan required by Section 42988 is approved, line 16 conditionally approved, or disapproved by the department pursuant line 17 to Section 42989. line 18 A manufacturer shall provide retailers with relevant materials line 19 60 days prior to implementation of the interim plan. line 20 42988. On or before April 1, 2015, a manufacturer shall, line 21 individually, collectively, or though through a mattress stewardship line 22 organization, submit a mattress stewardship plan to the department line 23 that meets the requirements of this section. line 24 A mattress stewardship plan submitted pursuant to this line 25 section shall include all of the following elements: line 26 Program activities to achieve the used mattress recycling line 27 goals established in subdivision line 28 Existing and planned used mattress take-back sites or line 29 collection locations, including estimated timelines for any planned line 30 expansion, if applicable. line 31 Program objectives consistent with the state’s solid waste line 32 management hierarchy. line 33 Ensure that local governments and solid waste facilities are line 34 provided with a mechanism for the recovery of illegally dumped line 35 used mattresses at no additional cost to the local government or line 36 solid waste facility. line 37 Arrangements for the pickup of used mattresses that have line 38 been accepted at solid waste facilities and for the delivery of those line 39 used mattresses to a recycling or refurbishment facility. 98 SB 254 — 7 — ---PAGE BREAK--- line 1 A program performance measurement that would collect line 2 program data for purposes of the report required by Section 42991, line 3 in accordance with the following: line 4 If the department does not provide a methodology for the line 5 program performance methodology pursuant to subdivision of line 6 Section 42991, the plan shall include a methodology for estimating, line 7 with regard to the manufacturers covered by the plan, the amount line 8 of mattresses sold in the state and the used mattresses available line 9 for collection in the state, and for quantifying the number of used line 10 mattresses collected and recycled in the state. line 11 The program plan performance measurement may aggregate line 12 the total number of mattresses sold and recycled by all participating line 13 members in a plan submitted by manufacturers acting collectively line 14 or through a stewardship organization. line 15 The establishment of a financial incentive to encourage line 16 parties to collect used mattresses that are discarded or illegally line 17 dumped in the state for recycling. line 18 line 19 Education and outreach efforts to consumers and other line 20 individuals within the supply chain to promote their participation line 21 in achieving the purposes of the plan. line 22 line 23 A consultation process with affected stakeholders. line 24 line 25 (10) The names of manufacturers and brands covered under the line 26 plan. line 27 (10) line 28 (11) Procedures to ensure implementation of the plan if the line 29 manufacturer or the stewardship organization no longer exists due line 30 to bankruptcy, dissolution, or similar processes. line 31 (11) line 32 (12) Reimbursement of solid waste facilities for the reasonable line 33 costs of collecting, storing, and processing used mattresses in the line 34 implementation of the plan pursuant to this chapter. line 35 (12) line 36 (13) Policies to ensure there are adequate and convenient line 37 opportunities for the collection, acceptance, and recovery for line 38 recycling of used mattresses in low-income communities, in line 39 accordance with the poverty line annually established by the line 40 Secretary of California Health and Human Services pursuant to 98 — 8 — SB 254 ---PAGE BREAK--- line 1 the federal Omnibus Budget Reconciliation Act of 1981 (Public line 2 Law 97-35), as amended. line 3 (13) line 4 (14) Strategies to give priority to recycling facilities that are the line 5 closest to the consumer or retailers. line 6 (14) line 7 (15) A program to ensure that used mattresses recovered by a line 8 retailer pursuant to Section 42990 are delivered to a recycling line 9 facility or solid waste facility for recycling. A manufacturer or line 10 retailer may contract out to a third-party entity for the transportation line 11 of used mattresses to such a facility. line 12 (15) line 13 (16) As an alternative to the requirements of paragraph (14) line 14 (15), a requirement that the manufacturer provide a retailer with line 15 extra vouchers to provide to a consumer if, when picking up a line 16 consumer’s mattress upon the purchase of a new mattress, the line 17 mattress is infested with a pest or contaminated so that it poses a line 18 contamination risk to personnel, new products, or equipment. These line 19 vouchers shall be provided at no additional cost to the consumer, line 20 retailer, recycling facility, or solid waste facility. line 21 (16) line 22 (17) Any other information deemed necessary by the department line 23 related to compliance with the plan. line 24 The plan shall meet the following goals, consistent with the line 25 portion of the used mattress recycling goals, for to which a line 26 manufacturer, individually or collectively, submitting the plan, or line 27 by the manufacturers included in a plan submitted by a stewardship line 28 organization, are subject to, pursuant to the methodology specified line 29 in the plan pursuant to paragraph of subdivision line 30 On and after January 1, 2015, recycle not less than 25 percent line 31 of used mattresses generated by consumers in the state from the line 32 manufacturers included in the plan. line 33 On and after January 1, 2017, recycle not less than 50 percent line 34 of used mattresses generated by consumers in the state from the line 35 manufacturers included in the plan. line 36 On and after January 1, 2020, recycle not less than 75 percent line 37 of used mattresses generated by consumers in the state from the line 38 manufacturers included in the plan. line 39 A manufacturer is deemed to meet the mattress recycling line 40 percentile goal specified in subdivision if the plan submitted 98 SB 254 — 9 — ---PAGE BREAK--- line 1 by the manufacturer, or by the stewardship organization formed line 2 or joined by the manufacturer, when implemented, collects an line 3 amount of mattresses equal to, or greater than, the equivalent line 4 portion of the used mattresses available for collection, as line 5 determined pursuant to paragraph of subdivision of the line 6 plan. line 7 A manufacturer, individually or collectively, or stewardship line 8 organization may coordinate with local governments, solid waste line 9 facilities, retailers, and mattress recyclers to achieve the purposes line 10 of this chapter. line 11 The plan shall not require the funding for the plan to be line 12 collected from a consumer at the point of collection or discard. line 13 This section does not prohibit either of the following: line 14 A manufacturer from internalizing the costs of implementing line 15 this chapter. line 16 A manufacturer from voluntarily establishing a charge to line 17 be added to the purchase price of a mattress to reimburse the line 18 manufacturer for the costs of implementing this chapter. line 19 42989. The department shall review the plan submitted line 20 pursuant to Section 42988 and within 90 days of receipt shall line 21 approve, disapprove, or conditionally approve the plan. line 22 If the department disapproves the plan pursuant to line 23 subdivision the manufacturer or stewardship organization shall line 24 resubmit the plan to the department. If the manufacturer or line 25 stewardship organization does not resubmit a plan, or submits a line 26 plan that is not approved or conditionally approved by the line 27 department, the department shall remove all manufacturers covered line 28 by the plan from the department’s Internet Web site pursuant to line 29 Section 42992, and a manufacturer so removed from the Internet line 30 Web site shall not sell a mattresses in the state until the department line 31 approves a plan for that manufacturer. line 32 The approved plan shall be a public record, except that line 33 financial, production, or sales data reported to the department by line 34 a manufacturer or the stewardship organization is not a public line 35 record for purposes of the California Public Records Act (Chapter line 36 3.5 (commencing with Section 6250) of Division 7 of Title 1 of line 37 the Government Code) and shall not be open to public inspection. line 38 The department may release financial, production, or sales data in line 39 summary form only that cannot be attributable to a specific line 40 manufacturer. 98 — 10 — SB 254 ---PAGE BREAK--- line 1 42990. On and after July 1, 2014, a retailer shall offer a line 2 consumer the option to have a used mattress picked up for recovery line 3 at the time of delivery, at no additional cost to the consumer, if a line 4 new mattress is delivered to the consumer. line 5 A retailer may contract out to a third-party entity for the line 6 pickup of used mattresses. line 7 This chapter does not require a common carrier delivering line 8 a new mattress to a consumer on behalf of a retailer to pick up a line 9 used mattress for recovery. line 10 If a new mattress is delivered to a consumer by a common line 11 carrier, the manufacturer shall provide the consumer the option of line 12 having a used mattress picked up for recovery through a voucher line 13 or another mechanism, at no additional cost to the consumer. line 14 This chapter does not prohibit a retailer from charging a line 15 consumer an additional cost for the delivery of a new mattress. line 16 42991. On or before April 1, 2016, and each year thereafter, line 17 a manufacturer shall, individually, collectively, or through a line 18 stewardship organization, submit a report to the department line 19 describing the mattress stewardship efforts taken pursuant to the line 20 approved or conditionally approved plan, in the form and manner line 21 that the department may prescribe. line 22 The department shall review the annual report required line 23 pursuant to this section and within 90 days of receipt shall adopt line 24 a finding of compliance or noncompliance with this chapter. line 25 If the department adopts a finding of noncompliance pursuant line 26 to subdivision the department may require the manufacturer line 27 or stewardship organization to amend and resubmit the plan within line 28 90 days of the department’s determination. line 29 If the manufacturer or stewardship organization does not line 30 resubmit the plan pursuant to subdivision or the department line 31 does not approve or conditionally approve the plan submitted to line 32 subdivision the department shall post a notice of line 33 noncompliance pursuant to Section 42992 and the manufacturers line 34 subject to the plan shall not sell a mattress in the state until the line 35 department approves a plan. line 36 The department may adopt a uniform methodology that shall line 37 be used by all manufacturers for purposes of estimating the amount line 38 of mattresses sold in the state and the number of used mattresses line 39 available for collection in the state, and for quantifying the number line 40 of used mattresses collected and recycled in the state. 98 SB 254 — 11 — ---PAGE BREAK--- line 1 42992. A manufacturer or retailer shall not sell or offer for line 2 sale a mattress to any person in this state unless the manufacturer line 3 is in compliance with this chapter. line 4 On or after August 1, 2015, if a manufacturer is not line 5 covered by an approved or conditionally approved plan, the line 6 manufacturer shall not sell or offer for sale a mattress in the state. line 7 A manufacturer is a covered manufacturer if the line 8 manufacturer has submitted a plan, either individually, collectively, line 9 or through a stewardship organization, to the department pursuant line 10 to Section 42988. line 11 OnAugust 1, 2015, or upon the date the plan is approved line 12 or conditionally approved by the department, whichever date comes line 13 first, and on or before July 1 annually thereafter, the department line 14 shall post on its Internet Web site a list of manufacturers for which line 15 the department has approved or conditionally approved the plan line 16 pursuant to Section 42989. line 17 On July 1, 2016, and annually thereafter, the department line 18 shall post on its Internet Web site a list of manufacturers for which line 19 the department has adopted a finding of compliance with regard line 20 to the report filed pursuant to subdivision of Section 42991. line 21 A manufacturer that is not listed on the department’s Internet line 22 Web site pursuant to this section, but demonstrates to the line 23 satisfaction of the department that it is in compliance with this line 24 chapter before the next notice is required to be posted pursuant to line 25 this section, may request a certification letter from the department line 26 stating that the manufacturer is in compliance. The manufacturer line 27 that receives that letter shall be deemed to be in compliance with line 28 this chapter. line 29 A retailer that distributes or sells a mattress shall monitor line 30 the department’s Internet Web site to determine if a manufacturer line 31 is a covered manufacturer or is in compliance with this chapter. line 32 A retailer otherwise in compliance with this chapter shall be line 33 deemed in compliance with subdivision if, on the date the line 34 retailer ordered or purchased a mattress, or within five calendar line 35 days after that date, the manufacturer was listed as covered or line 36 compliant on the department’s Internet Web site. line 37 A retailer may exhaust existing stock in its inventory through line 38 sales to the public if the existing stock was purchased when the line 39 manufacturer was in compliance with the requirements of this line 40 chapter at the time of the existing stock’s initial purchase. 98 — 12 — SB 254 ---PAGE BREAK--- line 1 If the department determines that a manufacturer or line 2 stewardship organization is not in compliance with this chapter, line 3 the department shall remove the manufacturer or the manufacturers line 4 covered by the plan submitted by the stewardship organization line 5 from the department’s Internet Web site pursuant to this section line 6 and the manufacturer shall not sell a mattresses in the state until line 7 the department determines that the manufacturer is in compliance line 8 with this chapter. line 9 42993. On or before April 1, 2016, and each year thereafter, line 10 a person that is engaged in business as a recycler shall submit a line 11 report to the department that includes, but is not limited to, both line 12 of the following: line 13 Quantitative information on the number of mattresses line 14 received and recycled or renovated in the state during the preceding line 15 calendar year. line 16 Quantitative information on the number of vouchers received line 17 from customers in the state in the preceding calendar year, if line 18 applicable. line 19 On or before April 1, 2016, and each year thereafter, a person line 20 who renovates used mattresses shall submit a report to the line 21 department, that at a minimum, includes both of the following: line 22 Quantitative information on the number of mattresses line 23 received and recycled or renovated in California during the line 24 preceding calendar year. line 25 Quantitative information on the number of vouchers received line 26 from customers in California in the preceding calendar year, if line 27 applicable. line 28 For purposes of determining the recycling rate for a used line 29 mattress, on or before April 1, 2016, and each year thereafter, a line 30 solid waste landfill facility operator shall report to the department, line 31 in a form and manner determined by the department, regarding line 32 the number of used mattresses received and designated for line 33 recycling or renovation within the state in the preceding calendar line 34 year. line 35 42994. A manufacturer and a mattress stewardship line 36 organization shall do all of the following: line 37 Upon request, provide the department with reasonable and line 38 timely access, as determined by the department and as authorized line 39 pursuant to Title 13 (commencing with Section 1822.50) of Part 98 SB 254 — 13 — ---PAGE BREAK--- line 1 3 of the Code of Civil Procedure, to its facilities and operations, line 2 as necessary to determine compliance with this chapter. line 3 Upon request, provide the department with relevant records line 4 necessary to determine compliance with this chapter. line 5 If a manufacturer or the stewardship organization does not line 6 comply with the department’s request made pursuant to paragraph line 7 or it shall provide the department with a complete line 8 explanation for its inability or decision not to comply with that line 9 request. line 10 The records required by this chapter shall be maintained and line 11 accessible for three years. All reports and records provided to the line 12 department pursuant to this chapter shall be provided under penalty line 13 of perjury. line 14 The department may take disciplinary action against a line 15 manufacturer if the stewardship organization or manufacturer fails line 16 to provide the department with the access required pursuant to this line 17 section, including, but not limited to, imposing penalties pursuant line 18 to Section 42996 and posting an immediate notice on the line 19 department’s Internet Web site pursuant to Section 42292 that the line 20 manufacturer is no longer in compliance with this chapter. line 21 42995. The department may require a manufacturer to pay line 22 the department a quarterly administrative fee, as determined by line 23 the department. line 24 If the department elects to impose an administrative fee, the line 25 amount of the administrative fees imposed pursuant to subdivision line 26 shall be established by the department in an amount that is line 27 sufficient to meet, but that does not exceed, the department’s full line 28 costs of administering and enforcing this chapter, including any line 29 program development costs or regulatory costs incurred by the line 30 department prior to the submittal of the plan required by Section line 31 42988. line 32 The administrative fees collected pursuant to this section line 33 shall be deposited into the Mattress Recovery and Recycling line 34 Account, which is hereby established in the Integrated Waste line 35 Management Fund. Upon appropriation by the Legislature, moneys line 36 in the account shall be expended by the department to administer line 37 and enforce this chapter. The fees collected pursuant to this section line 38 shall not be expended for any other purpose. line 39 42996. The department may impose an administrative civil line 40 penalty on any manufacturer or stewardship organization that is 98 — 14 — SB 254 ---PAGE BREAK--- line 1 in violation of this chapter. The amount of the civil penalty shall line 2 not exceed five hundred dollars ($500) per day, but if the violation line 3 is intentional, knowing, or reckless, the department may impose line 4 a civil penalty of not more than five thousand dollars ($5,000) per line 5 day. line 6 The department may impose an administrative civil penalty line 7 on any retailer who is in violation of this chapter. The amount of line 8 the civil penalty shall not exceed five hundred dollars ($500) per line 9 day, but if the violation is intentional, knowing, or reckless the line 10 department may impose a civil penalty of not more than five line 11 thousand dollars ($5,000) per day. line 12 In assessing or reviewing the amount of a civil penalty line 13 imposed pursuant to subdivision or for a violation of this line 14 chapter, the department or the court shall consider all of the line 15 following: line 16 The nature and extent of the violation. line 17 The number and severity of the violation or violations. line 18 The economic effect of the penalty on the violator. line 19 Whether the violator took good faith measures to comply line 20 with this chapter and the period of time over which these measures line 21 were taken. line 22 The willfulness of the violator’s misconduct. line 23 The deterrent effect that the imposition of the penalty would line 24 have on both the violator and the regulated community. line 25 Any other factor that justice may require. line 26 If more than one stewardship organization submits a plan line 27 pursuant to this chapter, the department shall determine the line 28 manufacturer’s or retailer’s compliance with this chapter in line 29 accordance with the plan to which the manufacturer or retailer is line 30 subject. line 31 The department may impose the administrative civil penalties line 32 pursuant to this section in accordance with Chapter 5 (commencing line 33 with Section 11500) of Part 1 of Division 3 of Title 2 of the line 34 Government Code, except that subdivision of Section 11505 line 35 of the Government Code shall not apply to the department. line 36 The department shall not impose a penalty upon a mattress line 37 stewardship organization pursuant to this section for a failure to line 38 comply with this chapter as a result of submitting false or line 39 misleading information if the stewardship organization line 40 demonstrates that it received false or misleading information from 98 SB 254 — 15 — ---PAGE BREAK--- line 1 a manufacturer that was the direct cause of its failure to comply line 2 with this chapter. line 3 The department shall deposit all penalties collected pursuant line 4 to this section into the Mattress Recovery and Recycling Penalty line 5 Account, which is hereby created in the Integrated Waste line 6 Management Fund. Upon appropriation by the Legislature, moneys line 7 deposited into the Mattress Recovery and Recycling Penalty line 8 Account may be expended by the department to implement this line 9 chapter. line 10 42997. Upon a finding that a manufacturer or stewardship line 11 organization has not met a requirement of this chapter, in addition line 12 to any other penalties authorized under this chapter, the department line 13 may take any of the following actions to ensure compliance with line 14 the requirements of this chapter: line 15 Revoke the manufacturer’s or stewardship organization’s line 16 plan approval, amend an approval or conditional approval to line 17 include new conditions, or require the manufacturer or stewardship line 18 organization to resubmit the plan. line 19 Remove the manufacturer from the department’s Internet line 20 Web site and list of compliant manufacturers, as specified in line 21 subdivision of Section 42992. line 22 As a condition for approval of plans submitted by the line 23 manufacturer or stewardship organization pursuant to Section line 24 42989 after the date of the department’s finding, require additional line 25 reporting not otherwise required under this chapter, at a frequency line 26 determined by the department. line 27 42998. Except as provided in subdivision an action line 28 specified in subdivision that is taken by a stewardship line 29 organization or its members is not a violation of the Cartwright line 30 Act (Chapter 2 (commencing with Section 16700) of Part 2 of line 31 Division 7 of the Business and Professions Code), the Unfair line 32 Practices Act (Chapter 4 (commencing with Section 17000) of line 33 Part 2 of Division 7 of the Business and Professions Code), or the line 34 Unfair Competition Law (Chapter 5 (commencing with Section line 35 17200) of Part 2 of Division 7 of the Business and Professions line 36 Code). line 37 Subdivision shall apply to all of the following actions line 38 taken by the stewardship organization or a manufacturer: line 39 The creation, implementation, or management of an interim line 40 plan provided to the department pursuant to Section 42987 or of 98 — 16 — SB 254 ---PAGE BREAK--- line 1 a plan approved by the department pursuant to Section 42989 and line 2 the types or quantities of used mattresses recycled or otherwise line 3 managed pursuant to the plan, as described in Section 42988. line 4 The cost and structure of an approved plan. line 5 The establishment, administration, or disbursement of the line 6 costs associated with funding the implementation of this chapter. line 7 Subdivision does not apply to an agreement that does line 8 any of the following: line 9 Fixes a price of or for mattresses, except for an agreement line 10 related to costs associated with participation in a plan approved line 11 or conditionally approved by the department and otherwise in line 12 accordance with this chapter. line 13 Fixes the output of production of mattresses. line 14 Restricts the geographic area in which, or customers to line 15 whom, mattresses will be sold. line 16 SEC. 2. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIIIB of the California Constitution because line 18 the only costs that may be incurred by a local agency or school line 19 district will be incurred because this act creates a new crime or line 20 infraction, eliminates a crime or infraction, or changes the penalty line 21 for a crime or infraction, within the meaning of Section 17556 of line 22 the Government Code, or changes the definition of a crime within line 23 the meaning of Section 6 of Article XIII B of the California line 24 Constitution. O 98 SB 254 — 17 —