An act relating to establishing an extended producer responsibility program for the collection of discarded mattresses

BILL AS INTRODUCED S.217 2026 Page 1 of 21 VT LEG #385484 v.1 S.217 1 Introduced by Senator Watson 2 Referred to Committee on 3 Date: 4 Subject: Conservation and development; extended producer liability; 5 mattresses 6 Statement of purpose of bill as introduced: This bill proposes to establish an 7 extended producer responsibility program for the collection of discarded 8 mattresses. The bill would require mattress producers, individually or 9 collectively through a mattress stewardship organization, to create, implement, 10 and administer a mattress stewardship collection plan for the collection and 11 disposition of discarded mattresses in Vermont. 12 An act relating to establishing an extended producer responsibility program 13 for the collection of discarded mattresses 14 It is hereby enacted by the General Assembly of the State of Vermont: 15 Sec. 1. 10 V.S.A. chapter 164C is added to read: 16 CHAPTER 164C. MATTRESS COLLECTION PROGRAM 17 § 7201. DEFINITIONS 18 BILL AS INTRODUCED S.217 2026 Page 2 of 21 VT LEG #385484 v.1 As used in this chapter: 1 (1) “Brand” means a name, symbol, word, or mark that attributes a 2 mattress to the producer of the mattress. 3 (2) “Consumer” means any person who presents or intends to present a 4 discarded mattress to a collection site operating an approved mattress 5 collection plan. 6 (3) “Discarded mattress” means any mattress that a consumer discarded, 7 intends to discard, or abandoned. 8 (4) “Energy recovery” means the process of burning or processing solid 9 waste materials to utilize the heat or other forms of energy within solid waste 10 materials. 11 (5)(A) “Foundation” means any ticking-covered structure that is used to 12 support a mattress and that is composed of one or more of the following: 13 (i) a constructed frame; 14 (ii) foam; or 15 (iii) a box spring. 16 (B) “Foundation” does not include any bed frame. 17 (6)(A) “Mattress” means any resilient material or combination of 18 materials that is enclosed by a ticking, that is used alone or in combination 19 with other products, and that is intended for or promoted for sleeping upon. 20 BILL AS INTRODUCED S.217 2026 Page 3 of 21 VT LEG #385484 v.1 “Mattress” includes any foundation, renovated foundation, or renovated 1 mattress. 2 (B) “Mattress” does not include: 3 (i) an unattached mattress pad or an unattached mattress topper, 4 including any item with resilient filling, with or without ticking, that is 5 intended to be used with or on top of a mattress; 6 (ii) a sleeping bag or pillow; 7 (iii) a car bed; 8 (iv) juvenile products, including a carriage, basket, dressing table, 9 stroller, playpen, infant carrier, lounge pad, crib bumper, and any pad for such 10 juvenile product; 11 (v) a product that contains liquid- or gaseous-filled ticking, 12 including any waterbed or air mattress that does not contain upholstery 13 material between the ticking and the mattress core; or 14 (vi) any upholstered furniture that does not otherwise contain a 15 detachable mattress, including a foldout sofa bed or a futon. 16 (7) “Mattress core” means the principal support system that is present in 17 a mattress, including springs, foam, air bladder, water bladder, or resilient 18 filling. 19 (8) “Mattress stewardship collection plan,” “mattress collection plan,” 20 or “collection plan” means the systems, methods, or mechanisms developed by 21 BILL AS INTRODUCED S.217 2026 Page 4 of 21 VT LEG #385484 v.1 producers or mattress stewardship organizations that pursue the goals of this 1 chapter. 2 (9) “Mattress stewardship organization” or “stewardship organization” 3 means the legal entity such as an organization, association, or other entity that 4 has developed a system, method, or other mechanism that assumes the 5 responsibilities, obligations, and liabilities under this chapter of multiple 6 producers of mattresses. 7 (10) “Performance goal” means a metric to annually measure the 8 performance of the mattress stewardship collection plan on how it is achieving 9 continuous, meaningful improvement to the rate of mattress collection and 10 recycling in the State and any other specified goal of the program. 11 (11) “Producer” means a person: 12 (A) who manufactures or renovates a mattress that is sold or offered 13 for sale in or into this State under the producer’s own name or brand; 14 (B) who owns a trademark or brand under which a mattress is sold or 15 offered for sale in or into this State, whether or not such trademark or brand is 16 registered in this State; 17 (C) who imports a mattress into the United States that is sold or 18 offered for sale in or into this State and that is manufactured or renovated by a 19 person who does not have a presence in the United States; 20 BILL AS INTRODUCED S.217 2026 Page 5 of 21 VT LEG #385484 v.1 (D) who manufactures or renovates a mattress for sale in or into the 1 State without affixing a brand name; or 2 (E) who assumes the responsibilities, obligations, and liabilities of a 3 producer as defined under subdivisions (A) through (D) of this subdivision 4 (11), provided that the Secretary may enforce the requirements of this chapter 5 against a producer defined under subdivisions (A) through (D) of this 6 subdivision (11) if a person who assumes the producer’s responsibilities fails 7 to comply with the requirements of this chapter. 8 (12) “Program mattress” means any discarded mattress that a 9 stewardship organization provides environmentally sound management for 10 under a mattress collection plan required under this chapter. “Program 11 mattress” does not mean a mattress transported from outside the State into the 12 State. 13 (13)(A) “Recycling” means any process in which discarded mattresses, 14 components, and by-products may lose their original identity or form as they 15 are transformed into new, useable, or marketable materials. 16 (B) “Recycling” does not include the use of incineration for energy 17 recovery. 18 (14)(A) “Renovate” or “renovation” means altering a mattress for the 19 purpose of resale, including replacing the ticking or filling, adding additional 20 filling, or replacing components with new or recycled materials. 21 BILL AS INTRODUCED S.217 2026 Page 6 of 21 VT LEG #385484 v.1 (B) “Renovate” or “renovation” does not include: 1 (i) the stripping of a mattress of its ticking or filling without 2 adding new material; 3 (ii) the sanitization or sterilization of a mattress without other 4 alteration of the mattress; or 5 (iii) the altering of a mattress by a renovator when a person retains 6 the altered mattress for personal use. 7 (15) “Renovator” means any person who renovates discarded mattresses 8 for the purpose of reselling the mattresses. 9 (16) “Retailer” means any person who sells mattresses in this State or 10 offers for sale or transfers mattresses in this State to other persons. 11 (17) “Sale” or “sell” means the transfer of title of a mattress for 12 consideration, including the use of a sales outlet, catalog, internet, or similar 13 electronic means. “Sale” or “sell” does not include the sale, resale, or transfer 14 of a discarded mattress that has not been renovated. 15 (18) “Sanitization” means the direct application of chemicals to a 16 mattress to kill human disease-causing pathogens. 17 (19) “Sterilization” means the mitigation of any deleterious substances 18 or organisms, including human disease-causing pathogens, fungi, and insects, 19 from a mattress or filling material using a process approved by the Secretary. 20 BILL AS INTRODUCED S.217 2026 Page 7 of 21 VT LEG #385484 v.1 (20)(A) “Ticking” means the outermost layer of fabric or material of a 1 mattress. 2 (B) “Ticking” does not include any layer of fabric or material quilted 3 together with, or attached to, the outermost layer of fabric or material of a 4 mattress. 5 (21) “Upholstery material” means all material, loose or attached, 6 between the ticking and the core of a mattress. 7 § 7202. SALE OF MATTRESS; CONDITION ON SALE 8 Beginning on July 1, 2028, a producer of a mattress shall not sell, offer for 9 sale, or deliver to a retailer for subsequent sale a mattress unless all of the 10 following have been met: 11 (1) The producer is operating under an individual collection plan for 12 program mattresses approved by the Secretary or is participating in a mattress 13 stewardship organization implementing an approved collection plan for 14 program mattresses. 15 (2) The name of the producer, the producer’s brand, and the name of 16 mattresses are submitted to the Agency of Natural Resources by the producer 17 or a mattress stewardship organization and are listed on the producer’s or 18 mattress stewardship organization’s website as covered by an approved 19 collection plan. 20 BILL AS INTRODUCED S.217 2026 Page 8 of 21 VT LEG #385484 v.1 (3) The producer or mattress stewardship organization in which the 1 producer participates has submitted an annual report consistent with the 2 requirement of section 7206 of this title. 3 (4) The producer or the mattress stewardship organization in which the 4 producer participates has conducted a plan audit consistent with the 5 requirements of section 7206 of this title. 6 § 7203. MATTRESS STEWARDSHIP ORGANIZATION; 7 REGISTRATION; OBLIGATIONS 8 (a) A producer may meet the requirements of this chapter by participating 9 in a mattress stewardship organization that undertakes the producer’s 10 responsibilities under this chapter. 11 (b) To qualify as a mattress stewardship organization under this chapter, an 12 organization shall: 13 (1) commit to assume the responsibilities, obligations, and liabilities of 14 all producers participating in the stewardship organization; 15 (2) represent at least 45 percent of the market share of mattresses sold in 16 the State; 17 (3) not create unreasonable barriers for participation in the stewardship 18 organization; and 19 BILL AS INTRODUCED S.217 2026 Page 9 of 21 VT LEG #385484 v.1 (4) maintain a public website that lists all producers and producers’ 1 brands covered by the mattress stewardship organization’s approved collection 2 plan. 3 (c)(1) On or before July 1, 2027, and annually thereafter, a mattress 4 stewardship organization shall file a registration with the Secretary. The 5 Secretary shall provide the registration form to the stewardship organization. 6 The registration form shall include: 7 (A) a list of the producers participating in the mattress stewardship 8 organization; 9 (B) a list of the brands of each producer participating in the 10 stewardship organization; 11 (C) a list of the mattresses of each producer participating in the 12 stewardship organization; 13 (D) the name, address, and contact information of a person 14 responsible for ensuring compliance with this chapter; 15 (E) a description of how the stewardship organization meets the 16 requirements of subsection (b) of this section, including any reasonable 17 requirements for participation in the stewardship organization; and 18 (F) the name, address, and contact information of a person for a 19 nonmember manufacturer to contact regarding how to participate in the 20 stewardship organization to satisfy the requirements of this chapter. 21 BILL AS INTRODUCED S.217 2026 Page 10 of 21 VT LEG #385484 v.1 (2) A renewal of a mattress stewardship organization registration 1 without changes may be accomplished through notifying the Agency of 2 Natural Resources on a form provided by the Agency. 3 § 7204. MATTRESS COLLECTION PLANS 4 (a) On or before January 1, 2028, a producer, individually or as a 5 participant in a mattress stewardship organization, shall submit a mattress 6 collection plan for program mattresses to the Secretary for approval. 7 (b) The plan shall include, at a minimum, all of the following: 8 (1) List of participants and products. A list of the producers, brands, 9 and products participating in the mattress collection plan and a methodology 10 for adding and removing producers and notifying the Agency of new 11 participants. 12 (2) Free collection. Provide for collection of discarded program 13 mattresses free of charge to consumers, provided that not more than four 14 discarded mattresses are provided to a collection site by a consumer at any one 15 time. 16 (3) Convenient collection. 17 (A) A description of how the producer or mattress stewardship 18 organization shall provide for a convenient and cost-effective collection of 19 discarded program mattresses that may include using existing public and 20 private waste collection channels and collection sites in the State pursuant to 21 BILL AS INTRODUCED S.217 2026 Page 11 of 21 VT LEG #385484 v.1 voluntary agreements. The description shall also include a description of how 1 the program will achieve within a reasonable period of time a minimum 2 convenience goal that ensures that all counties of the State shall have at least 3 one collection site, and within two years after the program approval, not less 4 than 70 percent of the State’s residents will live within a 30 mile radius of a 5 collection site, and within three years after the program approval, not less than 6 80 percent of the State’s residents will live within a 30 mile radius of a 7 collection site. 8 (B) To meet these convenience goals, the producer or stewardship 9 organization shall: 10 (i) enter into voluntary agreements to establish collection sites at 11 public and private solid waste facilities, transfer stations, landfills, recyclables 12 handling and recovery facilities that are permitted or registered with the 13 Secretary, or other suitable sites for the collection of discarded mattresses; 14 (ii) provide mattress storage containers at no cost to a participating 15 collection site; 16 (iii) negotiate mutually agreed upon voluntary agreements with 17 participating collection sites described in subdivision (i) of this subdivision 18 (b)(3)(B) that provide for reasonable compensation for the actual costs these 19 collection sites incur to handle, store, and transport discarded mattresses for 20 recycling; 21 BILL AS INTRODUCED S.217 2026 Page 12 of 21 VT LEG #385484 v.1 (iv) provide for bulk pickup service at no cost to collect a 1 minimum of 100 properly source-separated program mattresses at one time 2 from persons including: 3 (I) State agencies; 4 (II) municipalities; 5 (III) public or private disposal or solid waste transfer facilities; 6 (IV) health care, education, or military facilities; and 7 (V) hotels, motels, inns, and other establishments that provide 8 transient lodging; 9 (v) offer organizations that recycle or renovate discarded 10 mattresses the opportunity to participate as collection site; and 11 (vi) enter into voluntary agreements with retailers that pick up or 12 accept mattresses from consumers upon the purchase of a new mattress for 13 recycling. 14 (4) List of plan partners. The names and locations of collection sites, 15 transporters, and recyclers who will manage discarded mattresses delivered to 16 collection sites at the time of plan submission. 17 (5) Collection and disposition of discarded mattresses. A description of 18 how the discarded mattresses will be safely and securely collected and 19 transported, tracked, and handled from collection sites through final recycling 20 and processing, including: 21 BILL AS INTRODUCED S.217 2026 Page 13 of 21 VT LEG #385484 v.1 (A) a description of the methods to be used to reuse or recycle 1 discarded mattresses to ensure that the components, to the extent feasible, are 2 transformed or remanufactured into finished products for use; and 3 (B) a description of the methods to be used to manage or dispose of 4 discarded mattresses that cannot be recycled or reused. 5 (6) Education and outreach materials. A detailed description of the 6 outreach and educational methods and materials to be used under the plan, 7 including: 8 (A) materials that shall be provided to consumers, retailers, collection 9 sites, and transporters of discarded mattresses; 10 (B) outreach and education methods that will be used to encourage 11 municipal landfill and transfer station participation; and 12 (C) how such outreach materials and methods shall be evaluated for 13 effectiveness. 14 (7) Performance goals. A description of how the program will meet 15 annual performance goals, including collection, recycling, and reuse rates, as 16 determined by the Secretary, provided that, at a minimum, the program shall 17 achieve a 70 percent recycling rate of mattresses in the first program year. 18 (8) Retailer incentives. A description of what, if any, incentives will be 19 used to encourage retailer participation. 20 BILL AS INTRODUCED S.217 2026 Page 14 of 21 VT LEG #385484 v.1 (9) Additional information. Any other information required by the 1 Secretary to implement the program. 2 (c) A producer or a mattress stewardship organization shall: 3 (1) Notify the Secretary whenever there is a proposed substantial change 4 to their approved mattress collection plan. For the purposes of this subsection, 5 “substantial change” includes: 6 (A) a change in the processing facilities to be used for discarded 7 mattresses collected pursuant to the program; or 8 (B) a material change to the system for collecting mattresses. 9 (2) Not later than two years after initial approval of a mattress collection 10 plan, the producer or mattress stewardship organization shall submit to the 11 Secretary for review updated performance goals that are based on collection 12 under the program during the first two years of the program. 13 (d) A producer or a mattress stewardship organization shall notify the 14 Secretary of any minor changes to the mattress collection plan on an ongoing 15 basis without resubmitting the plan for the Secretary’s approval. These 16 changes include a change in the membership, officers, or contact information 17 of the organization. 18 § 7205. RETAILER OBLIGATIONS; EXEMPTION 19 (a)(1) On and after July 1, 2028, no person shall sell or offer for sale a 20 mattress to any person in this State if the producer of the mattress does not 21 BILL AS INTRODUCED S.217 2026 Page 15 of 21 VT LEG #385484 v.1 have or is not participating in an approved mattress stewardship collection 1 plan. 2 (2) No retailer or distributor shall be found to be in violation of this 3 section if, on the date the mattress was ordered from the producer or its agent, 4 the producer of the mattress was in accordance with the provisions of this 5 chapter. 6 (b) A retailer shall not be responsible for an unlawful sale of a mattress 7 under this subsection if the retailer purchased the mattress prior to July 1, 8 2028, and sells the mattress on or before July 1, 2029. 9 § 7206. ANNUAL REPORT; PLAN AUDIT 10 (a) Annual report. Annually, a mattress producer or a mattress stewardship 11 organization shall submit a report to the Secretary that contains the following: 12 (1) the weight of discarded mattresses collected by the producer or the 13 mattress stewardship organization in the prior calendar year; 14 (2) the percentage of discarded mattresses collected in the prior calendar 15 year that are from producers who are not participating in any approved 16 mattress stewardship organization; 17 (3) the collection rate achieved in the prior calendar year under the 18 mattress collection plan, including a report of the estimated total sales data by 19 weight for mattresses sold in the State for the previous three calendar years; 20 BILL AS INTRODUCED S.217 2026 Page 16 of 21 VT LEG #385484 v.1 (4) the locations of all collection points available under the mattress 1 collection plan and contact information for each location; 2 (5) examples and description of educational materials used to increase 3 collection; 4 (6) the weight of program mattress materials sent for disposal at each of 5 the following: 6 (A) energy recovery; 7 (B) landfills; and 8 (C) any other facilities; 9 (7) an evaluation of why the mattress materials sent for disposal were 10 not recycled and a description of program efforts to increase the recycling rate 11 of mattress materials under the mattress stewardship program; 12 (8) any substantial change to the mattress collection plan approved by 13 the Secretary pursuant to section 7204 of this title; and 14 (9) the cost of implementation of the mattress collection plan, including 15 the costs of collection, recycling, education, and outreach. 16 (b) Plan audit. After five years of implementation of an approved mattress 17 plan, a producer or mattress stewardship organization shall hire an independent 18 third party to conduct a one-time audit of the mattress collection plan and plan 19 operation. The auditor shall examine the effectiveness of the mattress 20 collection plan in collecting and recycling discarded mattresses. The 21 BILL AS INTRODUCED S.217 2026 Page 17 of 21 VT LEG #385484 v.1 independent auditor shall examine the cost-effectiveness of the plan and 1 compare it to that of collection plans or programs for discarded mattresses in 2 other jurisdictions. The independent auditor shall submit the results of the 3 audit to the Secretary as part of the annual report required under subsection (a) 4 of this section. 5 § 7207. ANTITRUST; CONDUCT AUTHORIZED 6 (a) Activity authorized. A producer, group of producers, or stewardship 7 organization implementing or participating in an approved mattress collection 8 plan under this chapter for the collection, transport, processing, and end-of-life 9 management of discarded mattresses is individually or jointly immune from 10 liability for conduct under State laws relating to antitrust, restraint of trade, 11 unfair trade practices, and other regulation of trade or commerce under 9 12 V.S.A. chapter 63, subchapter 1 to the extent that the conduct is reasonably 13 necessary to plan, implement, and comply with the producer’s or stewardship 14 organization’s chosen system for managing discarded mattresses. 15 (b) Limitations on antitrust activity. Subsection (a) of this section shall not 16 apply to an agreement among producers, groups of producers, retailers, 17 wholesalers, or stewardship organizations affecting the price of mattresses or 18 any agreement restricting the geographic area in which or customers to whom 19 mattresses shall be sold. 20 BILL AS INTRODUCED S.217 2026 Page 18 of 21 VT LEG #385484 v.1 § 7208. AGENCY RESPONSIBILITY 1 (a) The Secretary shall: 2 (1) Review for approval the mattress collection plan of a producer, 3 either individually or as part of a mattress stewardship organization. 4 (A) Not later than 90 days after the plan described in section 7204 of 5 this chapter is submitted, the Secretary shall decide whether to: 6 (i) approve the plan as submitted; or 7 (ii) deny the plan. 8 (B) If the Secretary denies the plan, the Secretary shall provide a 9 notice of determination to the producer or mattress stewardship organization 10 within 60 days after the decision, including reasons for the disapproval. The 11 producer or stewardship organization shall revise and resubmit the plan to the 12 Secretary not later than 45 days after receipt of the Secretary’s denial notice. 13 Not later than 45 days after the receipt of the revised plan, the Secretary shall 14 review and approve or deny the revised plan. The producer or mattress 15 stewardship organization may resubmit a revised plan to the Secretary not 16 more than twice. If the producer or mattress stewardship organization fails to 17 submit a plan that is accepted by the Secretary because it does not meet the 18 requirements of subsection (b) of this section, the Secretary shall have the 19 ability to require the producer or mattress stewardship organization to submit 20 modifications to the submitted plan prior to approval. The producer or 21 BILL AS INTRODUCED S.217 2026 Page 19 of 21 VT LEG #385484 v.1 mattress stewardship organization shall implement the mattress stewardship 1 program not later than 120 days after the approval of the plan by the Secretary. 2 (2) Maintain on the Agency of Natural Resources’ website information 3 on collection opportunities for mattresses, including collection site locations. 4 This information shall be made available in a printable format for retailers and 5 consumers. 6 (3) List the names of participating producers covered under approved 7 mattress collection plans on the Agency of Natural Resources’ website. 8 (4) Report biennially to the General Assembly on the operation of the 9 statewide system for collection, transportation, recycling, and recovery of 10 mattresses. 11 (b) The Secretary may adopt rules and regulations to implement the 12 requirements of this chapter. 13 § 7209. FEES; DISPOSITION 14 (a) A producer or mattress stewardship organization shall pay $2,000.00 15 annually for operation of an approved mattress collection plan. 16 (b) The fees collected under subsection (a) of this section shall be deposited 17 in the Environmental Permit Fund established under 3 V.S.A. § 2805. 18 Sec. 2. 10 V.S.A. § 6621a(a) is amended to read: 19 (a) In accordance with the following schedule, no person shall knowingly 20 dispose of the following materials in solid waste or in landfills: 21 BILL AS INTRODUCED S.217 2026 Page 20 of 21 VT LEG #385484 v.1 * * * 1 (13) Mattresses after July 1, 2028. 2 Sec. 3. 10 V.S.A. § 8003(a) is amended to read: 3 (a) The Secretary may take action under this chapter to enforce the 4 following statutes and rules, permits, assurances, or orders implementing the 5 following statutes, and the Board may take such action with respect to 6 subdivision (10) of this subsection: 7 * * * 8 (32) 10 V.S.A. chapter 164B, relating to collection and management of 9 covered household hazardous products; and 10 (33) 10 V.S.A. chapter 24A, relating to the Climate Superfund Cost 11 Recovery Program; and 12 (34) 10 V.S.A. chapter 164C, relating to the Mattress Collection 13 Program. 14 Sec. 4. 10 V.S.A. § 8503(a) is amended to read: 15 (a) This chapter shall govern all appeals of an act or decision of the 16 Secretary, excluding enforcement actions under chapters 201 and 211 of this 17 title and rulemaking, under the following authorities and under the rules 18 adopted under those authorities: 19 (1) The following provisions of this title: 20 * * * 21 BILL AS INTRODUCED S.217 2026 Page 21 of 21 VT LEG #385484 v.1 (V) chapter 124 (trade in covered animal parts or products); and 1 (W) chapter 164B (collection and management of covered household 2 hazardous products); and 3 (X) chapter 164C (Mattress Collection Program). 4 (2) 29 V.S.A. chapter 11 (management of lakes and ponds). 5 (3) 24 V.S.A. chapter 61, subchapter 10 (relating to salvage yards). 6 (4) 3 V.S.A. § 2810 (interim environmental media standards). 7 Sec. 5. EFFECTIVE DATE 8 This act shall take effect on July 1, 2026. 9