An Act to promote the future success of mattress recycling in the Commonwealth

1 of 1 SENATE DOCKET, NO. 2024 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 614 The Commonwealth of Massachusetts _________________ PRESENTED BY: Edward J. Kennedy _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act to promote the future success of mattress recycling in the Commonwealth. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Edward J. Kennedy First Middlesex Dylan A. Fernandes Plymouth and Barnstable 2/5/2025 Joanne M. Comerford Hampshire, Franklin and Worcester 6/3/2025 1 of 10 SENATE DOCKET, NO. 2024 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 614 By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 614) of Edward J. Kennedy and Dylan A. Fernandes for legislation to promote the future success of mattress recycling in the Commonwealth. Environment and Natural Resources. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act to promote the future success of mattress recycling in the Commonwealth. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 2 of Chapter 21H of the General Laws is hereby amended by 2 inserting the following definitions: 3 "Brand" means a name, symbol, word or mark that attributes a mattress to the producer of 4 such mattress; 5 “Commissioner” means the Commissioner of the Department of Environmental 6 Protection; 7 "Covered entity" means any political subdivision of the state, mattress retailer, permitted 8 transfer station, waste-to-energy facility, health care facility, educational facility, military base or 9 commercial or nonprofit lodging establishment that possesses a discarded mattress that was used 10 and discarded in this state. "Covered entity" does not include any renovator, refurbisher or any 11 person who only transports a discarded mattress; 2 of 10 12 "Department" means the Department of Environmental Protection; 13 "Discarded mattress" means any mattress that a consumer discarded, intends to discard or 14 abandoned in the state; 15 "Energy recovery" means the process by which all or a portion of solid waste materials 16 are processed or combusted in order to utilize the heat content or other forms of energy derived 17 from such solid waste materials; 18 "Foundation" means any ticking-covered structure that is used to support a mattress and 19 that is composed of one or more of the following: A constructed frame, foam or a box spring, 20 whether stationary, adjustable or foldable. "Foundation" does not include any bed frame or base 21 made of wood, metal or other material that rests upon the floor and that serves as a brace for a 22 mattress; 23 “Institution” means established organizational entities including, but not limited to health 24 care facilities, higher education facilities, military bases, public and private correctional facilities 25 and jails, assisted living facilities, and group homes; 26 "Mattress" means any resilient material or combination of materials that is enclosed by 27 ticking, used alone or in combination with other products, and that is intended for or promoted 28 for sleeping upon. "Mattress" includes any foundation and any used or renovated mattress. 29 "Mattress" does not include any mattress pad, mattress topper, sleeping bag, pillow, car bed, 30 carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib or bassinet 31 mattress, crib bumper, liquid or gaseous filled ticking, including any water bed and any air 3 of 10 32 mattress that does not contain upholstery material between the ticking and the mattress core, and 33 upholstered furniture, including a sleeper sofa; 34 "Mattress core" means the principal support system that is present in a mattress, 35 including, but not limited to, springs, foam, air bladder, water bladder or resilient filling; 36 "Mattress recycling fee" means the amount added to the purchase price of a mattress sold 37 to a consumer or to an ultimate end user in this state that is necessary to cover the cost of 38 collecting, transporting and processing discarded mattresses pursuant to the mattress recycling 39 program; 40 "Mattress topper" means any item that contains resilient filling, with or without ticking, 41 that is intended to be used with or on top of a mattress; 42 “Non-profit social enterprise organization” means an organization that sells goods and 43 services and enhances economic development and environmental justice through work 44 opportunities in mattress recycling for individuals facing significant barriers to employment; 45 "Performance goal" means a metric approved by the department to measure, on an annual 46 basis, the performance of the mattress recycling program, taking into consideration technical and 47 economic feasibilities, in achieving continuous, meaningful improvement in improving the rate 48 of mattress recycling in the state and any other specified goal of the program. At a minimum, 49 goals must include collection and recycling rates and public awareness; 50 "Producer" means any person, irrespective of the selling technique used, including that of 51 remote sale, who manufactures or renovates a mattress that is sold, offered for sale or distributed 52 in the state under the producer's own name or brand. "Producer" includes the owner of a 4 of 10 53 trademark or brand under which a mattress is sold, offered for sale or distributed in this state, 54 whether or not such trademark or brand is registered in this state, and any person who imports a 55 mattress into the United States that is sold or offered for sale in this state and that is 56 manufactured or renovated by a person who does not have a presence in the United States; 57 "Renovate" or "renovation" means altering a mattress for the purpose of resale including 58 any one, or a combination of, the following: Replacing the ticking or filling, adding additional 59 filling, or replacing components with new or recycled materials. "Renovate" or "renovation" 60 does not include the stripping of a mattress of its ticking or filling without adding new material, 61 the sanitization or sterilization of a mattress without otherwise altering the mattress, or the 62 altering of a mattress by a renovator when a person retains the altered mattress for personal use, 63 in accordance with regulations of the Department of Consumer and Business Services; 64 "Renovator" means any person who renovates discarded mattresses for the purpose of 65 reselling such mattresses to consumers; 66 "Retailer" means any person who sells mattresses to a consumer or to an ultimate end 67 user in this state or offers mattresses to a consumer in this state through any means, including but 68 not limited to remote offerings such as sales outlets, catalogs or the Internet. 69 "Sanitization" means the direct application of chemicals to a mattress to kill human 70 disease-causing pathogens; 71 "Sale" means the transfer of title of a mattress for consideration, including, but not 72 limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means to a 73 consumer or to an ultimate end user in the state; 5 of 10 74 "Sterilization" means the mitigation of any deleterious substances or organisms, 75 including human disease-causing pathogens, fungi and insects from a mattress or filling material 76 using a chemical or heat process; 77 "Ticking" means the outermost layer of fabric or material of a mattress. "Ticking" does 78 not include any layer of fabric or material quilted together with, or otherwise attached to, the 79 outermost layer of fabric or material of a mattress; and 80 "Upholstery material" means all material, loose or attached, between the ticking and the 81 core of a mattress. 82 “Waste hauler” means any person who provides commercial, institutional, and residential 83 solid waste removal services, including the removal and end-of-use management of discarded 84 mattresses, in the state under the waste hauler’s own name and brand. 85 SECTION 2. Chapter 21H of the General Laws is hereby amended by inserting after 86 Section 7 the following section:- Mattress Recycling Program 87 Sec. 8. (a) Within 300 days following enactment of this act, the Department shall develop 88 a written plan to establish a state-wide mattress recycling program, as described in this 89 subsection. Such mattress recycling program shall offer program services, incentives, and a 90 variety of other strategies to best address existing mattress recycling needs and coverage gaps 91 across all regions in the commonwealth; expenses associated with this program will use funding 92 from a new mattress recycling fee structure, as outlined in the department’s plan, that is 93 sufficient to cover the costs of operating and administering the program. The program shall 94 begin no later than 24 months after the enactment of this legislation. 6 of 10 95 (b) Pursuant to the program, recycling shall be preferred over any other disposal method 96 for mattresses, to the extent that recycling is technologically feasible and economically practical. 97 Reuse is also prioritized and the plan shall make reuse eligible for compensation reimbursement 98 incentives offered by the department. 99 (c) The plan submitted pursuant to subsection (a) of this section shall: describe the fee 100 structure for the program and include a proposed budget; establish performance goals for the 101 program that clearly outline the maximum feasible level of recovery and recycling of used 102 mattresses in support of the Commonwealth’s overall waste diversion goals as outlined in the 103 department’s solid waste master plan; a timeline for implementing and achieving convenient 104 access to the program; detail how the program will promote the recycling of discarded mattresses 105 consistent with the state’s solid waste management hierarchy; include a description of the public 106 education program; propose a mechanism to mitigate the costs associated with collection of 107 discarded mattresses that are illegally dumped, which may include but need not be limited to 108 proposals for funding of clean-up activities, for education and outreach or for studies to evaluate 109 the causes of illegal dumping; the department shall establish and implement a fee structure that 110 covers, but does not exceed, the costs of developing the plan described in this section, operating 111 and administering the program described in subsection (a) of this section. Revenue from any 112 fees collected shall be remitted to the department. If the Secretary of Energy and Environmental 113 Affairs deems it necessary to carry out the goals of strengthening mattress recycling services 114 across the Commonwealth, there shall be established and set up on the books of the 115 Commonwealth a separate fund to be known as the Mattress Recycling Trust Fund that has the 116 primary and only goal of funding recommendations that are outlined in the Plan; The 117 department, in consultation with the Mattress Recycling Council and International Sleep 7 of 10 118 Products Association and others, shall determine the rules and procedures that are necessary and 119 proper to implement the collection of a fee in a fair, efficient, and lawful manner. 120 (d) During the third year of implementing a mattress recycling program under an 121 approved plan, the department shall fund a study that examines (i) how the mattress recycling 122 program can incentivize the reduction of toxics and resources (e.g., energy and water) associated 123 with mattress production; incentivize the use of post-consumer recycled content in mattress; and 124 discourage the use of mattress materials that pose challenges for the recycling of discarded 125 mattresses; and (ii) the scope of discarded mattresses in this state that are not being collected as 126 part of the department’s mattress recycling program and recommendations on how to direct the 127 discarded mattresses to, and include them, in the department’s program. And (iii) In consultation 128 with the mattress program advisory committee and a minimum of three other community 129 organizations invited by the advisory committee, a study evaluating the most effective methods 130 of providing discarded mattress collection services to low-income individuals, environmental 131 justice populations, municipalities with populations of less than 5,000 residents, and multifamily 132 housing structures; Results of the study will be used to establish any changes to the fee structure 133 or overall program design. The department shall maintain all records relating to the program for 134 a period of not less than three years. 135 (e) The department shall include in its plan a new innovation grant program to provide 136 funding to support eligible entities to carry out research and new pilot projects, including the 137 purchase of equipment and capital building expenses, aimed at advancing the goal of increased 138 sustainability for the field of mattress recycling. Through this grant program, the department 139 shall focus on supporting innovations that particularly advance recycling related to materials 140 within the mattress that are most challenging to recycle; Eligible services shall include research 8 of 10 141 and implementation related to material processing innovations or the creation of new products 142 made from recycled mattress materials. 143 (f) The department shall include in its plan, and all future plans, the establishment of a 144 new employment social enterprise impact pilot program based on written recommendations 145 provided by the Commissioner. The goal of the program will be to foster the sustainability of 146 nonprofit employment social enterprise organizations that sell goods and services and enhance 147 economic development and environmental justice through the provision of work opportunities in 148 mattress recycling for individuals facing significant barriers to employment. The department 149 shall include in its plan the most recent language for the employment social enterprise impact 150 pilot program that has been previously approved in the state’s General Appropriations Act. 151 (g) The Commissioner of the Department of Environmental Protection shall appoint a 152 mattress recycling program advisory committee who shall provide guidance, feedback, and 153 recommendations on the formation and approval of the plan, in addition to their guidance as it 154 relates to the ongoing implementation of the program; The advisory committee shall have its 155 first meeting no later than 60 days after enactment of this legislation; Prior to the approval of the 156 Plan, the committee shall meet on a regular basis, for no less than 6 months to carry out its focus 157 on providing guidance, feedback, and recommendations on the establishment of the plan that will 158 be used to design the offering of the new mattress recycling program; After the approval of the 159 Plan and the initial establishment of the mattress recycling program, the Committee shall meet 160 no less than once every quarter to provide feedback and recommendations as it relates to the 161 implementation of the program, including the review of the Commissioner’s annual report. 9 of 10 162 The advisory committee shall advise the department, including delivering written 163 recommendations regarding: The review of any plan for the development and implementation of 164 a mattress recycling program; the review of any amendment to a plan; the review of annual 165 reports submitted by the department. The department may select and hire a third-party facilitator 166 for the Advisory Committee, which shall be included among the administrative costs of the 167 program, to be paid by the mattress recycling fee. 168 The advisory committee shall be comprised with membership representation from the 169 Commissioner of the Massachusetts Department of Environmental Protection, or his/her 170 designee, who shall serve as chair of the committee; a representative from MassRecycle; two 171 representatives from two different covered entities; a representative from a Massachusetts-based 172 mattress recycling organization; a representative of an environmental nongovernmental 173 organization; a representative of a social enterprise nonprofit organization involved in mattress 174 recycling; and a representative of the International Sleep Products Association. The 175 commissioner shall place great emphasis on selecting a diverse group of advisory committee 176 members. The attorney general shall appoint one member to the advisory committee with 177 expertise in consumer protection. 178 (h) Nothing in this section shall prohibit the department from administering existing 179 mattress recycling programs. 180 (i) Prior to the approval of this Plan, the department shall solicit public input regarding 181 end-of-use mattress recycling needs, gaps in departmental resource allocation and opportunities 182 for increased programmatic support for municipalities with populations of less than 5,000 183 throughout the Commonwealth. The department shall (i) hold not less than 4 public hearings in 10 of 10 184 geographically-diverse municipalities across the commonwealth, 2 of which shall be held in rural 185 municipalities, to receive public testimony on the end-of-use mattress management needs of 186 small and rural municipalities, and shall provide for remote participation; and (ii) solicit and 187 accept written and electronic testimony submissions from the public. The department shall solicit 188 public comment for at least 30 days and shall summarize the public input it receives in the needs 189 assessment. 190 (j) Not later than October fifteenth of each year, the department shall submit an annual 191 report to the clerks of the senate and house, the chairs of the senate and house committees on 192 ways and means, and the chairs of the joint committee on environment, natural resources and 193 agriculture; The Commissioner shall post such annual report on the department's Internet web 194 site. The Commissioner shall review and approve the yearly annual report. Such report shall 195 include: Information on the number and tonnage of discarded mattresses collected pursuant to 196 the mattress recycling program; a summary of the public education that supports the program; an 197 evaluation of the effectiveness of methods and processes used to achieve performance goals of 198 the program, information on progress made toward achieving the goals, an explanation of why 199 any goals were not met during the previous calendar year and any efforts that will be taken to 200 improve progress toward meeting the goals in the future, if applicable; recommendations for any 201 changes to the program; the number of discarded mattresses that were illegally dumped as 202 reported to the department, an analysis of how the data required by this paragraph has changed 203 over time and strategies the department will take to address discarded mattresses that are not 204 included in the program and discarded mattresses that are illegally dumped; and the mattress 205 recycling program’s costs and revenues for the previous calendar year.