RELATING TO RECYCLING.

HOUSE OF REPRESENTATIVES H.B. NO. 1924 THIRTY-THIRD LEGISLATURE, 2026 STATE OF HAWAII A BILL FOR AN ACT relating to recycling . BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that discarded mattresses and box springs present a persistent and growing challenge to Hawaii's solid waste management system. Each year, tens of thousands of bulky mattresses are landfilled or illegally dumped along roadsides, in gulches, and near streams, creating public health hazards, fire risks, and visual blight. Because mattresses are large, difficult to compact, and often contain recyclable materials such as steel, foam, and fiber, they take up disproportionate landfill space and increase disposal costs for counties and taxpayers. The transportation of bulky waste to landfills also increases greenhouse gas emissions and strains already limited county budgets. The legislature further finds that mattress materials can be recovered and reused through recycling or renovation, reducing the need for virgin materials, supporting local recycling enterprises, and creating green-sector jobs. Other states, including California, Connecticut, Oregon, and Rhode Island, have established extended producer responsibility programs that have diverted millions of mattresses from landfills, reduced illegal dumping, and provided stable funding through modest, transparent per-unit fees. Accordingly, the purpose of this Act is to establish the mattress stewardship program, which requires producers to designate stewardship organizations to develop and implement plans to ensure collection, reuse, donation, and recycling opportunities for mattresses, box springs, and mattress foundations. SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: " Part . Mattress Stewardship program §342G-A Definitions. For the purposes of this part: "Consumer" means a person who purchases or uses a covered product. "Covered product" means any brand or sized mattress, box spring, or mattress foundation sold to a consumer in the State. "Department" means the department of health. "Producer" means any person or entity that manufactures or imports a covered product for sale in the State. "Program" means the mattress stewardship program. "Retailer" means a person or entity that sells a covered product in the State, including through online or catalog sales. "Stewardship organization" means a nonprofit or other organization designated by producers to develop and operate the mattress stewardship plan. §342G-B Mattress stewardship program. There is established the mattress stewardship program within the department for administrative purposes. §342G-C Mattress stewardship plan. (a) By January 1, 2026, each producer shall designate a stewardship organization to develop and submit a mattress stewardship plan to the department for approval. The stewardship organization shall implement the plan upon approval from the department. (b) The mattress stewardship plan shall: (1) Include processes to ensure statewide, convenient collection opportunities for covered products, provided free to consumers; (2) Prioritize reuse, donation, and recycling practices over disposal; (3) Include annual performance goals for collection and landfill diversion; (4) Describe public education and illegal dumping prevention measures; and (5) Include requirements for an annual independent audit. §342G-D Mattress stewardship fee. (a) Beginning on January 1, 2027, at the time of the sale of a covered product, the retailer shall collect a mattress stewardship fee. The rate of the mattress stewardship fee shall be determined by the department; provided that the fee shall not be less than $16 and shall not be waivable by the retailer. (b) The mattress stewardship fee shall appear as a separate line item on the sales receipt of a covered product. (c) Retailers shall remit all mattress stewardship fees to the department on a monthly basis. §342G-E Mattress stewardship special fund; use of funds. (a) There is established in the state treasury the mattress stewardship special fund, into which shall be deposited: (1) All revenues generated from the mattress stewardship fee pursuant to section 342G-D; and (2) All accrued interest from the fund. (b) Moneys in the mattress stewardship special fund shall be used for: (1) Stewardship organizations to implement the mattress stewardship plans pursuant to section 342G-C; and (2) Reimbursement of retailers for collection and transportation costs pursuant to section 342G-F. (c) Any funds that accumulate in the mattress stewardship special fund shall be retained in the fund unless determined by the legislature to be in excess. §342G-F Retailer take-back. (a) A retailer delivering a new covered product shall offer to remove the consumer's discarded mattress or box spring at no additional cost. (b) If a discarded mattress or box spring poses a health or safety risk, the retailer may refuse to remove the mattress or box spring pursuant to health and safety guidelines that shall be established by the department. §342G-G Reporting and oversight. (a) Each stewardship organization shall submit an annual report to the department by March 31 of each year. The report shall be made accessible to the public and shall include the: (1) Number of covered products sold by the producer, collected, and recycled; (2) Expenditures incurred by the stewardship organization; (3) Progress toward performance goals; and (4) Recommendations for program improvement. (b) The department may audit program records and require the stewardship organizations to take corrective action. §342G-H Enforcement and penalties. (a) No producer shall sell a covered product in the State unless the producer has a mattress stewardship plan that has been approved by the department. (b) No retailer shall sell a covered product unless the covered product has been manufactured or imported by a producer with an approved mattress stewardship plan. (c) Any person who violates this section shall be subject to a fine of no more than $500 for each covered product sold. §342G-I Rules. The department may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part. This includes rules regarding: (1) Collection convenience; (2) Performance metrics; (3) Reporting; and (4) Public outreach." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 4. This Act shall take effect on July 1, 2026. INTRODUCED BY: _____________________________ Report Title: Mattress Stewardship Program; New Special Fund; Mattresses; Box Springs; Mattress Foundations; DOH; Collection; Recycling Description: Establishes the mattress stewardship program. Establishes the mattress stewardship special fund. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.