AN ACT RELATING TO HEALTH AND SAFETY -- RESPONSIBLE RECYCLING, REUSE AND DISPOSAL OF MATTRESSES

2026 -- H 8498 ======== LC004429 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO HEALTH AND SAFETY -- RESPONSIBLE RECYCLING, REUSE AND DISPOSAL OF MATTRESSES Introduced By: Representatives J. Brien, Baginski, and Chippendale Date Introduced: May 01, 2026 Referred To: House Corporations It is enacted by the General Assembly as follows: SECTION 1. Chapter 23-90 of the General Laws entitled "Responsible Recycling, Reuse 1 and Disposal of Mattresses" is hereby repealed in its entirety. 2 CHAPTER 23-90 3 Responsible Recycling, Reuse and Disposal of Mattresses 4 23-90-1. Purpose. 5 The purposes of this chapter are: 6 (1) To establish a system for the collection, recycling, and reuse for discarded mattresses 7 in Rhode Island. 8 (2) To develop a comprehensive strategy, with the participation of state agencies, 9 producers, retailers, and consumers for waste prevention and reductio n of discarded mattresses in 10 the state, which addresses the collection, recycling and reuse of mattresses in a safe and 11 environmentally sound manner; 12 (3) To promote the development of infrastructure for the reuse and recycling of discarded 13 mattresses; 14 (4) To minimize costs incurred by Rhode Island municipalities to collect, dispose of, or 15 recycle mattresses discarded by residents; and 16 (5) To eliminate waste generated in the state from the disposal of discarded mattresses from 17 landfill and other forms of disposal. 18 LC004429 - Page 2 of 12 23-90-2. Findings. 1 The general assembly hereby finds and declares that: 2 (1) It is in the best interest of this state for providers of mattresses sold in Rhode Island to 3 take responsibility for reducing the environmental and financial impacts of a mattress over its life 4 cycle, from design to management after the end of a mattress’s useful life; 5 (2) It is in the best interest of this state to reduce illegal dumping of discarded mattresses 6 and determine a process for minimizing costs incurred by Rhode Island’s cities and towns for the 7 management of discarded mattresses; and 8 (3) It is in the best interest of this state for producers to develop a statewide product 9 stewardship system that serves urban and rural areas in Rhode Island and provides cost-effective, 10 convenient opportunities for the collection, transportation, recovery and safe management of 11 discarded products. 12 23-90-3. Definitions. 13 As used in this chapter, the following words shall, unless the context clearly requires 14 otherwise, have the following meanings: 15 (1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer 16 of such mattress. 17 (2) “Covered entity” means any political subdivision of the state, any mattress retailer, any 18 permitted transfer station, any waste to energy facility, any healthcare facility, any educational 19 facility, any correctional facility, any military base, or any commercial or non profit lodging 20 establishment that possesses a discarded mattress that was discarded in this state. Covered entity 21 does not include any renovator, refurbisher or any person who transports a discarded mattress. 22 (3) “Consumer” means an individual who is also a resident of this state. 23 (4) “Corporation” means the Rhode Island Resource Recovery Corporation. 24 (5) “Corp oration Director” means the executive director of the Rhode Island Resource 25 Recovery Corporation. 26 (6) “Council” or “mattress recycling council” means the state wide, non-profit organization 27 created by producers, or created by any trade association that rep resents producers, who account 28 for a majority of mattress production in the United States to design, submit, and implement the 29 mattress stewardship plan as described in this chapter. 30 (7) “Discarded mattress” means any mattress that a consumer intends to di scard, has 31 discarded, or that is abandoned. 32 (8) “Energy recovery” means the process by which all or a portion of solid waste materials 33 are processed or combusted in order to utilize the heat content or other forms of energy derived 34 LC004429 - Page 3 of 12 from such solid waste materials. 1 (9) “Foundation” means any ticking -covered structure that is used to support a mattress 2 and that is composed of one or more of the following: A constructed frame, foam, or a box spring. 3 “Foundation” does not include any bed frame or base made of w ood, metal, or other material that 4 rests upon the floor and that serves as a brace for a mattress. 5 (10) “Mattress” means any resilient material, or combination of materials, that is enclosed 6 by ticking, used alone or in combination with other products, and that is intended for, or promoted 7 for, sleeping upon. “Mattress” includes any foundation, renovated foundation, or renovated 8 mattress. 9 “Mattress” does not include any of the following: 10 (i) An unattached mattress pad, an unattached mattress topper, includi ng any item with 11 resilient filling, with or without ticking, that is intended to be used with, or on top of a mattress; 12 (ii) A sleeping bag, pillow; 13 (iii) A crib or bassinet mattress, car bed; 14 (iv) Juvenile products, including: a carriage, basket, dressing table, stroller, playpen, infant 15 carrier, lounge pad, crib bumper, and the pads for those juvenile products; 16 (v) A product that contains liquid- or gaseous-filled ticking, including any water bed or air 17 mattress that does not contain upholstery material between the ticking and the mattress core; 18 (vi) Any upholstered furniture that does not contain a detachable mattress; or 19 (vii) A fold-out sofa bed or futon. 20 (11) “Mattress core” means the main support system that is present in a mattress, including, 21 but not limited to: springs, foam, air bladder, water bladder, or resilient filling. 22 (12) “Mattress recycling council” or “council” means the organization created by producers 23 to design, submit, and implement the mattress stewardship program described in § 23-90-5. 24 (13) “Mattress stewardship fee” means the amount added to the purchase price of a mattress 25 sold in this state that is necessary to cover the cost of collecting, transporting, and processing 26 discarded mattresses by the council pursuant to the mattress stewardship program. 27 (14) “Mattress stewardship program” or “program” means the state wide, program 28 described in § 23-90-5 and implemented pursuant to the mattress stewardship plan as approved by 29 the corporation director. 30 (15) “Mattress topper” means any it em that contains resilient filling, with or without 31 ticking, that is intended to be used with or on top of a mattress. 32 (16) “Performance goal” means a metric proposed by the council, to measure, on an annual 33 basis, the performance of the mattress stewardship program, taking into consideration technical and 34 LC004429 - Page 4 of 12 economic feasibilities, in achieving continuous, meaningful improvement in improving the rate of 1 mattress recycling in the state and any other specified goal of the program. 2 (17) “Producer” means any person who manufactures or renovates a mattress that is sold, 3 offered for sale, or distributed in the state under the manufacturer’s own name or brand. “Producer” 4 includes: 5 (i) The owner of a trademark or brand under which a mattress is sold, offered for sale, or 6 distributed in this state, whether or not such trademark or brand is registered in this state; and 7 (ii) Any person who imports a mattress into the United States that is sold or offered for sale 8 in this state and that is manufactured or renovated by a person who does not have a presence in the 9 United States; 10 (18) “Recycling” means any process in which discarded mattresses, components, and by -11 products may lose their original identity or form as they are transformed into new, usable, or 12 marketable materials. “Recycling” does not include as a primary process the use of incineration for 13 energy recovery or energy generation by means of combustion. 14 (19) “Renovate” or “renovation” means altering a mattress for the purpose of resale and 15 includes any one, or a co mbination of, the following: Replacing the ticking or filling, adding 16 additional filling, rebuilding a mattress, or replacing components with new or recycled materials. 17 “Renovate” or “renovation” does not include the: 18 (i) Stripping of a mattress of its ticking or filling without adding new material; 19 (ii) Sanitization or sterilization of a mattress without otherwise altering the mattress; or 20 (iii) Altering of a mattress by a renovator when a person retains the altered mattress for 21 personal use, in accordance with regulations of the department of business regulation. 22 (20) “Renovator” means a person who renovates discarded mattresses for the purpose of 23 reselling such mattresses in a retail store. 24 (21) “Retailer” means any person who sells mattresses in this state or offers mattresses in 25 this state to a consumer through any means, including, but not limited to, remote offerings such as 26 sales outlets, catalogs, or the internet. 27 (22) “Sanitization” means the direct application of chemicals to a mattress to kill hum an 28 disease-causing pathogens. 29 (23) “ Sale” means the transfer of title of a mattress for consideration, including through 30 the use of a sales outlet, catalog, internet website, or similar electronic means. 31 (24) “Sterilization” means the mitigation of any de leterious substances or organisms 32 including human disease-causing pathogens, fungi, and insects from a mattress or filling material 33 using a process approved by the department of business regulation. 34 LC004429 - Page 5 of 12 (25) “Ticking” means the outermost layer of fabric or material of a mattress. “Ticking” 1 does not include any layer of fabric or material quilted together with, or otherwise attached to, the 2 outermost layer of fabric or material of a mattress. 3 (26) “Upholstery material” means all material, loose or attached, b etween the ticking and 4 the core of a mattress. 5 (27) “Wholesaler” means any person who sells or distributes mattresses in the state, in a 6 nonretail setting, for the purpose of the resale of such mattresses. 7 23-90-4. Mattress stewardship council established. 8 (a) On or before July 1, 2015, each producer shall join the council and such council shall 9 submit a plan, for the corporation director’s approval, to establish a statewide mattress stewardship 10 program, as described in this section. Any retailer may be a member of such council. Such mattress 11 stewardship program shall, to the extent it is technologically feasible and economically practical: 12 (1) Minimize public sector involvement in the management of discarded mattresses; 13 (2) Provide for the convenient and accessible statewide collection of discarded mattresses 14 from any person in the state with a discarded mattress that was discarded in the state, including 15 from participating covered entities that accumulated and segregated a minimum of fifty (50) 16 discarded mattresses for collection at one time, or a minimum of thirty (30) discarded mattresses 17 for collection at one time in the case of participating municipal transfer stations; 18 (3) Provide for council-financed recycling and disposal of discarded mattresses; 19 (4) Provide suitable storage containers at permitted municipal transfer stations, municipal 20 government property or other solid waste management facilities for segregated, discarded 21 mattresses, or make other mutually agreeable storage and transportation agreeme nts at no cost to 22 such municipality provided the municipal transfer station, municipal government property or other 23 solid waste management facilities make space available for such purpose and imposes no fee for 24 placement of such storage container on its premises; 25 (5) Include a uniform mattress stewardship fee that is sufficient to cover the costs of 26 operating and administering the program; and 27 (6) Establish a financial incentive that provides for the payment of a monetary sum, 28 established by the council, to promote the recovery of mattresses. 29 (b) The council shall be a nonprofit organization with a fee structure that covers, but does 30 not exceed, the costs of developing the plan and operating and administering the program in 31 accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to 32 operate the program over a multi-year period of time in a fiscally prudent and responsible manner. 33 The council shall maintain all records relating to the program for a period of not less than three (3) 34 LC004429 - Page 6 of 12 years. 1 (c) Pursuant to the program, recycling shall be preferred over any other disposal method to 2 the extent that recycling is technologically feasible and economically practical. 3 (d) The council shall enter into an agreement with the corporat ion to reimburse for 4 reasonable costs directly related to administering the program but not to exceed the cost of two (2) 5 full time equivalent employees. 6 23-90-5. Mattress stewardship plan. 7 (a) On or before July 1, 2015, the mattress stewardship council sh all submit a mattress 8 stewardship plan for the establishment of a mattress stewardship program to the corporation 9 director for approval. 10 (b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is 11 technologically feasible and economically practical: 12 (1) Identify each producer’s participation in the program; 13 (2) Describe the fee structure for the program and propose a uniform stewardship fee that 14 is sufficient to cover the costs of operating and administering the program; 15 (3) Establish performance goals for the first two (2) years of the program; 16 (4) Identify proposed recycling facilities to be used by the program, such facilities shall not 17 require a solid waste management facilities license; 18 (5) Detail how the program will promote the recycling of discarded mattresses; 19 (6) Include a description of the public education program; 20 (7) Describe fee-disclosure language that retailers will be required to prominently display 21 that will inform consumers of the amount and purpose of the fee; and 22 (8) Identify the methods and procedures to facilitate implementation of the mattress 23 stewardship program in coordination with the corporation director and municipalities. 24 (c) Not later than ninety (90) days after submission of the plan pursuant to this section, the 25 corporation shall make a determination whether to: 26 (1) Approve the plan as submitted; or 27 (2) Deny the plan. 28 (d) The corporation director shall approve the plan for the establishment of the mattress 29 stewardship program, provided such plan reasonably meets the requirements of this section. Prior 30 to making such determination, the corporation director shall post the plan for at least thirty (30) 31 days, in accordance with the “Administrative Procedures Act” as set forth in chapter 35 of title 42, 32 on the corporation’s website and solicit public comments on the plan to be posted on the website. 33 (e) In the event that the corporation director denies the plan, the corporation director shall 34 LC004429 - Page 7 of 12 provide a notice of determination to the council, within six ty (60) days, detailing the reasons for 1 the disapproval. The council shall revise and resubmit the plan to the corporation director not later 2 than forty-five (45) days after receipt of notice of the corporation director’s denial notice. Not later 3 than forty-five (45) days after receipt of the revised plan, the corporation director shall review and 4 approve or deny the revised plan. The council may resubmit a revised plan to the corporation 5 director for approval on not more than two (2) occasions. If the coun cil fails to submit a plan that 6 is acceptable to the corporation director, because it does not meet the criteria pursuant to 7 subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan 8 and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant 9 to this section, the council shall implement the mattress stewardship program. 10 (f) It is the responsibility of the council to: 11 (1) Notify the corporation director whenever there is a proposed substantial change to the 12 program. If the corporation director takes no action on a proposed substantial change within ninety 13 (90) days after notification of the proposed change, the proposed change shall be deemed approved. 14 For the purposes of this subdivision, “substantial change” shall include, but not be limited to: 15 (i) A change in the processing facilities to be used for discarded mattresses collected 16 pursuant to the program; or 17 (ii) A material change to the system for collecting mattresses. 18 (2) Not later than October 1, 2017, the council shall submit to the corporation director for 19 review, updated performance goals that are based on the experience of the program during the first 20 two (2) years of the program. 21 (g) The council shall notify the corpora tion director of any other changes to the program 22 on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation 23 director for approval. Such changes shall include, but not be limited to, a change in the composition, 24 officers, or contact information of the council. 25 (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose 26 a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform 27 fee more frequently than once every two (2) years if the council determines such change is needed 28 to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent 29 auditor to ensure that such assessment does not exceed the costs of the mattress stewa rdship 30 program described in subsection (b) of this section and to maintain financial reserves sufficient to 31 operate the program over a multi -year period in a fiscally prudent and responsible manner. Not 32 later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall 33 render an opinion to the corporation director as to whether the proposed mattress stewardship fee 34 LC004429 - Page 8 of 12 is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress 1 stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90) 2 days after the auditor notifies the corporation director that the fee is reasonable. If the auditor 3 concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council 4 with written notice explaining the auditor’s opinion. Specific documents or information provided 5 to the auditor by the council, along with any associated internal documents or information held by 6 the council, shall be made available to the corporation for its review upon request but shall not be 7 made public if the documents and information contain trade secrets or commercial or financial 8 information of a privileged or confidential nature, pursuant to chapter 2 of title 38 (“access to public 9 records”). Not later than fourteen (14) days after the council’s receipt of the auditor’s opinion, the 10 council may either propose a new mattress stewardship fee, or provide written comments on the 11 auditor’s opinion. If the auditor co ncludes that the fee is not reasonable, the corporation director 12 shall decide, based on the auditor’s opinion and any comments provided by the council, whether to 13 approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The 14 cost of any work performed by such auditor pursuant to the provisions of this subsection and 15 subsection (i) of this section shall be funded by the council. 16 (i)(1) On and after the implementation of the mattress stewardship program, each retailer 17 shall add the amount of the fee established pursuant to subsection (b) of this section and described 18 in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee 19 shall be remitted by the retailer to the council. The council may, subject to the corporation director’s 20 approval, establish an alternative, practicable means of collecting or remitting such fee. 21 (2) On and after the implementation date of the mattress stewardship program, no producer, 22 distributor, or retailer shall sell or offer for sale a mattress to any person in the state if the producer 23 is not a member of the council. 24 (3) No retailer or distributor shall be found to be in violation of the provisions of this 25 section, if, on the date the mattress was ordered from the producer or its agent, the producer of said 26 mattress was listed on the corporation’s website in accordance with the provisions of this chapter. 27 (j) Not later than October 1, 2016, and annually thereafter, the council shall submit an 28 annual report to the corporation director. The corporation director shall post such annual report on 29 the corporation’s website. Such report shall include, but not be limited to: 30 (1) The weight of mattresses collected pursuant to the program from: 31 (i) Municipal and/or transfer stations; 32 (ii) Retailers; and 33 (iii) All other covered entities; 34 LC004429 - Page 9 of 12 (2) The weight of mattresses diverted for recycling; 1 (3) Identification of the mattress recycling facilities to which mattresses were delivered for 2 recycling; 3 (4) The weight of discarded mattresses recycled, as indicated by the weight of each of the 4 commodities sold to secondary markets; 5 (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following: 6 (i) Rhode Island resource recovery corporation; and 7 (ii) Any other facilities; 8 (6) Samples of public education materials and methods used to support the program; 9 (7) A description of efforts undertaken and evaluation of the methods used to disseminate 10 such materials; 11 (8) Updated performance goals and an evaluation of the effectiveness of the methods and 12 processes used to achieve performance goals of the program; and 13 (9) Recommendations for any changes to the program. 14 (k) Two (2) years after the implementation of the program and upon the request of the 15 corporation director, but not more frequently than once a year, the council shall cause an audit of 16 the program to be conducted by the auditor described in subsection (h) of this section. Such audit 17 shall review the accuracy of the council’s data concerning the program an d provide any other 18 information requested by the corporation director. Such audit shall be paid for by the council. The 19 council shall maintain all records relating to the program for not less than three (3) years. 20 (l) No covered entity that participates in the program shall charge for receipt of mattresses 21 generated in the state. Covered entities may charge a fee for providing the service of collecting 22 mattresses and may restrict the acceptance of mattresses by number, source, or physical condition. 23 (m) Covered entities that, upon the date of this act’s passage, have an existing program for 24 recycling discarded mattresses may continue to operate such program without coordination of the 25 council, so long as the entities are able to demonstrate, in writing, to t he corporation director that 26 the facilities to which discarded mattresses are delivered are engaged in the business of recycling 27 said mattresses and the corporation director approves the written affirmation that the facility 28 engages in mattress recycling of mattresses received by the covered entity. A copy of the written 29 affirmation and the corporation’s approval shall be provided to the council by the corporation 30 director in a timely manner. 31 23-90-6. Responsibilities of the Rhode Island resource recovery corporation. 32 (a) The corporation shall review for approval the mattress stewardship plan of the council. 33 (b) The corporation shall maintain on its website information on collection opportunities 34 LC004429 - Page 10 of 12 for mattresses, including collection site locations. The infor mation must be made available in a 1 printable format for retailers and consumers. 2 (c) Not later than the implementation date of the mattress stewardship program, the 3 corporation shall list the names of participating producers covered by the program and the cost of 4 the approved mattress stewardship fee on its website. 5 (d) The corporation shall approve the mattress stewardship fee to be applied by the council 6 to mattresses pursuant to this chapter. 7 (e) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly 8 on the operation of the statewide system for collection, transportation and recycling of mattresses. 9 23-90-7. Regulations. 10 The corporation is hereby authorized to promulgate additional rules and regulations 11 pursuant to the administrative procedures act, chapter 35 of title 42, to implement the provisions of 12 this chapter. 13 23-90-8. Immunity. 14 Each producer, retailer and the council shall be immune from liability for any claim of a 15 violation of antitrust law, to the extent such producer or council is exercising authority pursuant to 16 the provisions of this chapter, including but not limited to: 17 (1) The creation, implementation or management of a plan pursuant to § 23 -90-5, and the 18 types or quantities of used mattresses recycled or otherwise managed pursuant to a plan; 19 (2) The cost and structure of a plan; and 20 (3) The establishment, administration, collection or disbursement of the mattress 21 stewardship fee associated with funding the implementation of the plan. 22 23-90-9. Violations. 23 A violation of any of the provisions of this chapter or any rule or regulation promulgated 24 pursuant to § 23 -90-7 shall be punishable by a civil penalty not to exceed one thousand dollars 25 ($1,000). In the case of a second and any subsequent violation, the civi l penalty shall not exceed 26 five thousand dollars ($5,000) for each violation. 27 23-90-10. Collaboration. 28 In the event that another state implements a mattress recycling program, the council may 29 collaborate with such state to conserve efforts and resources us ed in carrying out the mattress 30 stewardship program, provided such collaboration is consistent with the requirements of this 31 chapter. 32 23-90-11. Report to the General Assembly. 33 Not later than three (3) years after the approval of the plan pursuant to § 23 -90-5 of this 34 LC004429 - Page 11 of 12 chapter, the corporation director shall submit a report to the general assembly. Such report shall 1 provide an evaluation of the mattress stewardship program. 2 SECTION 2. This act shall take effect upon passage. 3 ======== LC004429 ======== LC004429 - Page 12 of 12 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HEALTH AND SAFETY -- RESPONSIBLE RECYCLING, REUSE AND DISPOSAL OF MATTRESSES *** This act would repeal the system for responsible recycling, reuse and disposal of 1 mattresses. 2 This act would take effect upon passage. 3 ======== LC004429 ========