An Act to establish a mattress recycling program in the Commonwealth

HOUSE . . . . . . . . No. 4810 The Commonwealth of Massachusetts ________________________________________ HOUSE OF REPRESENTATIVES, July 1, 2024. The committee on Environment and Natural Resources, to whom were referred the petition (accompanied by resolve, Senate, No. 512) of Edward J. Kennedy that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to mattress recycling, the petition (accompanied by bill, Senate, No. 513) of Edward J. Kennedy and Vanna Howard for legislation to assess the future of mattress recycling in the Commonwealth, the petition (accompanied by bill, House, No. 881) of Edward R. Philips and others for legislation to establish a mattress recycling program and the petition (accompanied by bill, House, No. 916) of Andres X. Vargas, Mindy Domb and others for legislation to assess the future of mattress recycling, reports recommending that the accompanying bill (House, No. 4810) ought to pass [Senator Edward Kennedy dissents]. For the committee, DANIEL CAHILL. 1 of 9 FILED ON: 6/28/2024 HOUSE . . . . . . . . . . . . . . . No. 4810 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to establish a mattress recycling program 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. Chapter 21H of the General Laws is hereby amended by inserting after 2 section 8 the following sections:- 3 Section 9. As used in sections 9-16, inclusive, the following words shall have the 4 following meanings unless the context clearly indicates otherwise: 5 “Brand”, a name, symbol, word or mark that attributes a mattress to the producer of the 6 mattress. 7 “Consumer”, a person who is the purchaser, by retail sale, of a mattress for final delivery 8 and use. 9 “Department”, the department of environmental protection. 10 “Discarded mattress”, a mattress that has been used and abandoned or discarded in the 11 commonwealth. 2 of 9 12 “Final disposition”, the point beyond which no further recycling, renovation, disposition, 13 or other processing of a discarded mattress occurs. 14 “Foundation”, a ticking-covered structure that is used to support a mattress or sleep 15 surface and that may be constructed of frames, foam, box springs or other materials, used alone 16 or in combination. 17 “Mattress”, a foundation or a resilient material or combination of materials that is 18 enclosed by a ticking, used alone or in combination with other products, and intended or 19 promoted for sleeping upon; provided, however, that “mattress” shall not mean: (i) an unattached 20 mattress pad or unattached mattress topper, with or without resilient filling or ticking, that is 21 intended to be used with or on top of a mattress; (ii) a sleeping bag; (iii) a pillow; (iv) a car bed, 22 crib mattress or bassinet mattress; (v) carriage, basket, dressing table, stroller, playpen, infant 23 carrier, lounge pad, crib bumper or other product manufactured for young children or the pad for 24 a product described in this subparagraph; (vi) a water bed, air mattress or other product that 25 contains liquid- or gas-filled ticking and does not contain upholstery material between the ticking 26 and the mattress core; or (vii) a foldout sofa bed, futon, futon mattress or upholstered furniture. 27 “Mattress core”, the principal support system that is present in a mattress and that may be 28 constructed of materials such as springs, foam, air or water bladders or resilient filling. 29 “Mattress stewardship assessment”, the amount added at retail sale to the purchase price 30 of a mattress to cover the costs of a mattress stewardship program. 31 “Mattress topper”, any item that contains resilient filling, with or without ticking, that is 32 intended to be used with or on top of a mattress. 3 of 9 33 “Person”, a government entity or unit, public or private corporation, individual, 34 partnership, association, firm, trust, estate or other legal entity. 35 “Premium service”, an additional or high-level offering related to mattress sales and 36 disposition, including but not limited to at-home and curbside pickup services. 37 “Producer”, any person, irrespective of the selling technique used, including that of 38 remote sale or online commerce, who: (i) manufactures a mattress that is sold, offered for sale or 39 distributed in the commonwealth; (ii) owns a trademark or brand under which a mattress is sold, 40 offered for sale or distributed in the commonwealth, whether or not such trademark or brand is 41 registered in the commonwealth; or (iii) imports a mattress into the United States that is sold or 42 offered for sale in the commonwealth. 43 “Recycle”, to recover materials or by-products for reuse, use as an ingredient or a 44 feedstock in an industrial or manufacturing process to make a marketable product, or use in a 45 particular function or application as an effective substitute for a commercial product or 46 commodity; provided, however, that “recycle” does not mean to recover energy from the 47 combustion of a material or to create a fuel; and provided further, that “recycle” does not include 48 composting or conversion. 49 “Recyclers”, persons contracted with the stewardship organization to recycle mattresses. 50 “Renovate”, to alter a discarded mattress for resale through adding to or replacing the 51 ticking or filling, adding additional filling or replacing components of the discarded mattress 52 with new or recycled materials; provided, however, that “renovate” shall not mean stripping a 53 discarded mattress of the ticking or filling without adding new material or sanitizing or 54 sterilizing a discarded mattress without other alteration to the discarded mattress. 4 of 9 55 “Retailer”, a person that offers new, used or renovated mattresses for retail sale in the 56 commonwealth. 57 “Retail sale”, sale in the commonwealth to a consumer by any means and for any purpose 58 other than resale, including but not limited to sale by remote offerings such as sales outlets, 59 catalogs or the internet. 60 “Stewardship organization”, a nonprofit organization designated by a producer or group 61 of producers to implement a mattress stewardship program. 62 “Ticking”, the outermost layer of fabric or related material of a mattress; provided, 63 however, that “ticking” shall not mean any layer of fabric or material quilted together with or 64 otherwise attached to the outermost layer of fabric or material of a mattress. 65 Section 10. (a) Not later than July 1, 2025, the department shall establish criteria for 66 mattress stewardship programs, which shall be designed to collect discarded mattresses and 67 dispose of such mattresses using environmentally sound management practices. The department 68 shall determine the methods by which a stewardship organization may submit a mattress 69 stewardship program plan. A program plan shall include but not be limited to: (i) a list of 70 producers and retailers registered with the stewardship organization; (ii) the catchment area in 71 the commonwealth in which the stewardship organization intends to operate; (iii) a description of 72 discarded mattress collection efforts, provided that basic collection services exclusive of 73 premium services shall be offered at no cost to consumers; (iv) a description of the 74 environmentally sound management practices for discarded mattresses received by the 75 stewardship organization; (v) performance standards for recyclers to contract with the 76 stewardship organization; (vi) recycling methods to be used by recyclers; (vii) auditing, 5 of 9 77 inspection and other procedures of the stewardship organization to ensure implementation of 78 environmentally sound management practices; (viii) program performance goals for discarded 79 mattress collections and recycling rates; (ix) a culturally competent and, as applicable, 80 linguistically diverse education and outreach program about the mattress stewardship program; 81 (x) a two-year operating budget for the mattress stewardship program; and (xi) a proposed 82 mattress stewardship assessment amount. 83 (b) The department shall review and issue a determination on a mattress stewardship 84 program plan no later than 180 days after submission. A program plan may be approved for up to 85 5 years. If a program plan is not approved, the department shall inform the stewardship 86 organization in writing of the reasons for its determination, any necessary plan revisions, and 87 instructions for resubmission of a revised program plan. 88 (c) A stewardship organization shall submit to the department a mattress stewardship 89 program plan amendment not less than 60 days in advance of a planned substantial change to 90 the program, and not less than 30 days after an unplanned substantial change to the program. 91 (d) Approved program plans may be submitted to the department to be reapproved for an 92 additional five years as a subsequent program plan. Subsequent program plans shall be submitted 93 not less than 12 months prior to the expiration of the then-current program plan and include 94 proposed improvements based on performance metrics and achieved results of the existing 95 mattress stewardship program, as applicable. 96 (e) The department may require one or more performance audits of mattress stewardship 97 programs with approved plans. 6 of 9 98 (f) The department shall publish on its website all mattress stewardship programs with 99 approved plans, including but not limited to the name of the responsible stewardship 100 organization, the catchment area, a link to the website of the stewardship organization, and the 101 program plan expiration date. 102 Section 11. (a) A stewardship organization shall implement a mattress stewardship 103 program within 180 days of receiving program plan approval from the department. An 104 implemented mattress stewardship program shall: (i) provide convenient consumer access to 105 mattress collection sites and request and schedule premium services; (ii) maintain mattress 106 collection sites at permitted solid waste facilities or other suitable locations for the collection of 107 discarded mattresses; (iii) prioritize renovation or recycling over disposal in the final disposition 108 of mattresses; and (iv) comply with other criteria established by the department. 109 (b) A stewardship organization with an approved mattress stewardship program plan shall 110 make available on its website: (i) a complete and accurate list of all producers and retailers 111 registered with the stewardship organization; (ii) the brands owned by all producers registered 112 with the stewardship organization; (iii) available mattress collection opportunities, including any 113 offered premium services; and (iv) other information relevant for retailers to comply with this 114 chapter. 115 (c) A stewardship organization with an approved mattress stewardship program plan shall 116 collect mattress stewardship assessments from affiliated retailers and use mattress stewardship 117 assessments to pay costs associated with the planning, implementation, administration and 118 operation of a mattress stewardship program and to establish a financial reserve to prepare for 7 of 9 119 unexpected costs. A stewardship organization may not use mattress stewardship assessments to 120 pay penalties assessed against the organization by the department. 121 (d) Annually not later than April 1 in each year of the duration of an approved mattress 122 stewardship program, a stewardship organization shall pay a fee to the department in an amount 123 established by the department. 124 (e) Annually not later than April 1 in each year of the duration of an approved mattress 125 stewardship program, a stewardship organization shall submit to the department an annual report 126 for the preceding calendar year that includes, without limitation: (i) costs, revenues, and an 127 updated budget, as applicable; (ii) the quantity and tonnage of discarded mattresses collected 128 through the program; (iii) the final dispositions of mattresses collected through the program, 129 delineated by weight and material; (iv) a description of why mattress materials were not recycled 130 and intended efforts to increase the recycling rate of mattress materials within the mattress 131 stewardship program; (v) the total number of mattresses sold by producers and retailers 132 registered with the stewardship organization; (vi) results of the audits of the stewardship 133 organization’s contracted entities; and (vii) an evaluation of the mattress stewardship program 134 effectiveness and possible methods of improvement. 135 (f) Nothing in this chapter shall prevent a stewardship organization from coordinating 136 efforts to implement a mattress stewardship program with: (i) existing recycling programs in the 137 commonwealth; (ii) municipalities in the commonwealth; or (iii) programs for the collection and 138 environmentally sound management of discarded mattresses in other states, provided appropriate 139 notice of such coordination is provided to the department. 8 of 9 140 Section 12. A producer or retailer shall not sell or offer for sale a mattress to a person 141 unless the producer or retailer is registered with a stewardship organization with an approved 142 mattress stewardship program plan; provided, however, that a retailer registered with a 143 stewardship organization shall not violate this section if, at the time of purchase from a producer, 144 the producer of a mattress was registered with a mattress stewardship program. 145 Section 13. At the point of retail sale of a mattress, a retailer shall: (a) identify the 146 mattress stewardship assessment as a separate line item on the receipt for a mattress provided to 147 a consumer; (b) collect the mattress stewardship assessment; and (c) provide to a consumer 148 information on available collection opportunities for discarded mattresses through the mattress 149 stewardship program. A retailer shall remit the mattress stewardship assessment to the 150 stewardship organization. 151 Section 14. A producer, retailer, or stewardship organization that violates this chapter 152 may be subject to fines, suspension or revocation of a mattress stewardship program plan, or 153 other penalty as determined by the department. 154 Section 15. Annually not later than July 1, the department shall publish on its website and 155 submit to the house and senate committees on ways and means, the joint committee on 156 environment and natural resources, and the clerks of the house and senate a report on mattress 157 stewardship programs in the commonwealth. 158 Section 16. The department shall promulgate regulations to implement sections 9-15 , 159 inclusive, of this chapter. 160 SECTION 2. There shall be established and set up on the books of the commonwealth a 161 separate fund to be known as the Mattress Stewardship Fund. The fund shall consist of: (i) 9 of 9 162 revenue from appropriations or other money authorized by the general court and specifically 163 designated to be credited to the fund; (ii) interest earned on such revenues; (iii) funds from public 164 and private sources, including, but not limited to, gifts, grants, donations and settlements 165 received by the commonwealth that are designated to be credited to the fund; (iv) federal funds 166 paid to the commonwealth designated to be credited to the fund; and (v) monies paid to the 167 commonwealth pursuant to paragraph (d) of section 10 of chapter 21H of the General Laws. All 168 amounts credited to the fund may be expended by the department, without further appropriation, 169 for the purpose of administering, implementing and enforcing sections 9 to 15, inclusive, of 170 chapter 21H of the General Laws. Amounts credited to the fund that are unexpended at the end 171 of a fiscal year shall not revert to the General Fund. 172 SECTION 3. Proposed sections 12 and 13 of chapter 21H, as set forth in section 1 of this 173 act, shall take effect on January 1, 2027. 174 SECTION 4. Except as provided in section 3, the provisions of this act shall take effect 175 upon its passage.