An Act to establish a mattress recycling program in the Commonwealth

1 of 1 HOUSE DOCKET, NO. 2637 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 1023 The Commonwealth of Massachusetts _________________ PRESENTED BY: Edward R. Philips _________________ 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 establish a mattress recycling program in the Commonwealth. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Edward R. Philips 8th Norfolk 1/16/2025 1 of 20 HOUSE DOCKET, NO. 2637 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 1023 By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1023) of Edward R. Philips for legislation to establish a mattress recycling program. Environment and Natural Resources. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 881 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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. Definitions 2 1. “Brand” shall mean a name, symbol, word or mark that attributes a mattress as the 3 producer of the mattress. 4 2. “Consumer” means a person (including but not limited to individuals, families 5 and business entities) who purchases a mattress for use in this state. 6 3. “Department” means the Department of Environmental Protection 7 4. “Discarded mattress” means a mattress that has been used and abandoned or 8 discarded in this state, and does not include a mattress transported from outside this state to be 9 discarded in this state. 2 of 20 10 5. “Environmentally sound management” includes, but is not limited to, the 11 following management practices, implemented in a manner that are designed to protect public 12 health and safety and the environment: 13 a. Keeping detailed documentation of the methods used to: 14 i. Recycle, reuse or renovate discarded mattresses to the extent feasible, cost- 15 effective, and environmentally efficient; and 16 ii. track and document the fate of program mattresses from collection through final 17 disposition. 18 b. Keeping adequate records; 19 c. Conducting performance audits and inspections as determined by a stewardship 20 organization; 21 d. Complying with worker health and safety requirements; and 22 e. Maintaining adequate liability insurance for a stewardship organization and 23 contractors working for the stewardship organization. 24 6. “Final disposition” shall mean the point beyond which no further processing takes 25 place and a discarded mattress and its components have been recycled, renovated or disposed of. 26 7. “Foundation” shall mean a ticking-covered structure that is used to support a 27 mattress or sleep surface and that may be constructed of frames, foam, box springs or other 28 materials, used alone or in combination. 3 of 20 29 8. "Mattress" means a resilient material or combination of materials that is enclosed 30 by a ticking, is used alone or in combination with other products and is intended for sleeping 31 upon or a foundation. 32 a. “Mattress” includes a foundation and a renovated mattress or renovated 33 foundation. 34 b. “Mattress” does not mean the following: 35 i. An unattached mattress pad or unattached mattress topper, including items with 36 resilient filling, with or without ticking, intended to be used with or on top of a mattress. 37 ii. A sleeping bag or pillow. 38 iii. A car bed, crib, or bassinet mattress. 39 iv. Juvenile products, including a carriage, basket, dressing table, stroller, playpen, 40 infant carrier, lounge pad, or crib bumper, and the pads for those juvenile products. 41 v. A product containing liquid- and gaseous-filled ticking, including a water bed and 42 air mattress that does not contain upholstery material between the ticking and the mattress core. 43 vi. Upholstered furniture that does not otherwise contain a detachable mattress or that 44 is a fold out sofa bed or futon. 45 9. “Person” means the United States, the state, a public or private corporation, local 46 government unit, public agency, individual, partnership, association, firm, trust, estate or other 47 legal entity. 4 of 20 48 10. “Premium service” means a service such as at-home pickup service, including 49 curbside pickup service. 50 11. “Producer” means any person, irrespective of the selling technique used, 51 including that of remote sale, that: (a)Manufactures a mattress that is sold, offered for sale or 52 distributed in this state; or (b) Is the owner of a trademark or brand under which a mattress is 53 sold, offered for sale or distributed in this state, whether or not such trademark or brand is 54 registered in this state; and (c) Unless covered by (a) or (b), imports a mattress into the United 55 States that is sold or offered for sale in this state. 56 12. “Program mattress” means a discarded mattress that a stewardship organization 57 will provide environmentally sound management for under a mattress stewardship program. 58 “Program mattress” shall not mean a mattress transported from outside this state to be discarded 59 in this state or a mattress rendered unrecyclable by solid waste collection methods. 60 13. “Recycler” means a person that recycles discarded mattresses. 61 14. "Recycling" means any process in which discarded mattresses and components 62 may lose their original identity or form as they are dismantled and their materials transformed 63 into new, usable or marketable materials 64 15. “Renovate” shall mean to alter a discarded mattress for resale through adding to 65 or replacing the ticking or filling, adding additional filling or replacing components. “Renovate” 66 shall not mean: 67 (a) Stripping a discarded mattress of the ticking or filling without adding new material; 5 of 20 68 (b) The sanitization or sterilization of a discarded mattress without other alteration to the 69 discarded mattress; 70 (c) Recycling. 71 (d) Refurbishing that disqualifies a mattress for a red wholesale renovator tag to be 72 affixed to the mattress, in accordance with the regulations adopted by the Department 73 16. “Retailer” means a person that offers new, used or renovated mattresses for retail 74 sale. 75 17. “Sale” or “sell” means any transfer of title for consideration, including remote 76 sales conducted through sales outlets, catalogues, or the internet or any other similar electronic 77 means. “Sale” or “sell” does not mean a donation. 78 18. “Stewardship Assessment” means the per unit amount added to the purchase price 79 of a mattress sold to a consumer to cover the costs of a mattress stewardship program. 80 19. “Stewardship organization” shall mean a nonprofit organization designated by a 81 producer or group of producers to implement a mattress stewardship program. 82 20. “Ticking” shall mean the outermost layer of fabric or related material of a 83 mattress. “Ticking” shall not mean any layer of fabric or material quilted together with, or 84 otherwise attached to, the outermost layer of fabric or material of a mattress. 85 SECTION 2. Establishment of the Program; Retailer, Producer and Renovator Duties 86 (1) Except as provided in subsection (3) of this section, a producer, renovator or 87 retailer shall not sell or offer for sale any mattress to any person in this state unless the producer, 6 of 20 88 renovator or retailer is registered with a stewardship organization with a plan approved by the 89 Department under section 5 of this Act. 90 (2) On and after the date that a mattress stewardship program is implemented, a 91 retailer: 92 a. Shall purchase a mattress only from a producer or renovator that is registered with 93 a stewardship organization as of the date of purchase as evidenced by information made 94 available by a stewardship organization pursuant to subsection (4) of this section; 95 b. Shall collect, at the point of sale, the mattress stewardship assessment established 96 pursuant to a plan approved by the Department under section 5 of this Act and remit the mattress 97 stewardship assessment to the stewardship organization that implements the mattress stewardship 98 program; and 99 c. Shall provide to consumers, at the point of sale, information on available 100 collection opportunities for discarded mattresses through the mattress stewardship program. 101 (3) Following the implementation of the mattress stewardship program, a retailer 102 complies with the requirements of this section if, on the date the mattress was ordered from the 103 producer or its agent, the producer of the mattress brand is listed on the [Department’s] website 104 as implementing or participating in an approved mattress stewardship program. 105 (4) A stewardship organization shall make available on the stewardship 106 organization’s website and on request: 107 a. Information on registered brands provided to the stewardship organization by the 108 producers and renovators registered with the stewardship organization; 7 of 20 109 b. Information on available collection opportunities; and 110 c. Any other information necessary for retailers to comply with subsection (2) of this 111 section. 112 (5) A retailer or renovators shall identify the mattress stewardship assessment as a 113 separate line item on the receipt for a mattress provided to a consumer at the point of sale. 114 (6) A stewardship organization or shall use a mattress stewardship assessment 115 collected in this state to pay the costs to plan, implement, administer and operate a mattress 116 stewardship program in this state, including a financial reserve to prudently prepare for 117 unexpected costs. 118 (7) Nothing in this section prevents a stewardship organization from, with notice to 119 the Department, coordinating efforts for carrying out a mattress stewardship program in this state 120 with programs for the collection and environmentally sound management of discarded mattresses 121 in other states. 122 SECTION 3. Program Plan 123 (1) A stewardship organization shall submit to the Department a plan for the 124 development and implementation of a mattress stewardship program. The plan must: 125 a. Describe how the stewardship organization will manage and administer a mattress 126 stewardship program. 127 b. Identify each producer, renovator and retailer that is registered with the 128 stewardship organization as of 30 days before the plan is submitted to the Department. 8 of 20 129 c. Include a description of how the stewardship organization will provide for the 130 environmentally sound management of program mattresses, regardless of the producer. The 131 description shall include, at a minimum: 132 i. Identification of the proposed recyclers that the stewardship organization will 133 contract with to process program mattresses and the recycling methods that the recyclers will 134 use; 135 ii. How the stewardship organization will implement the mattress stewardship 136 program to engage in environmentally sound management practices; and 137 iii. Describe how non-program mattresses will be handled. 138 d. There shall be no charge at the point of collection of discarded program 139 mattresses, except that the stewardship organization may allow for a person that provides a 140 premium service under the mattress stewardship program to charge for the additional cost of that 141 premium service for program mattresses. 142 e. Provide service as described in section 4 of this Act. 143 f. Establish performance goals for: 144 i. The collection target and recycling rates of program mattresses; and 145 ii. Public awareness of the mattress stewardship program. 146 g. Include an anticipated annual operating budget, as described in subsection (2) of 147 this section, for the mattress stewardship program for two years of operation of the program, 148 beginning with the year in which the plan is submitted to the Department. 9 of 20 149 h. Include a proposed method for collecting the mattress stewardship assessment 150 from retailers and a method for ensuring the assessment is remitted to the stewardship 151 organization. The mattress stewardship assessment must be sufficient to recover, but not exceed, 152 the costs of establishing and administering the mattress stewardship program. 153 i. Provide for public education and awareness of discarded mattress collection 154 opportunities statewide and on a regular basis. 155 j. Address procedures for identifying substantial or material changes to the system 156 for collecting discarded mattresses for which a plan amendment will be required under section 6 157 of this Act. 158 k. Describe the criteria for determining whether a mattress should be rejected as 159 unacceptable for recycling because it is contaminated, wet, crushed, or would otherwise pose a 160 health or safety risk to personnel or equipment, and how the solid waste sector would dispose of 161 such mattresses; 162 (2) The anticipated annual operating budget for a mattress stewardship program shall 163 include, but need not be limited to, budget line items relating to: 164 a. The collection, transportation and processing of program mattresses 165 b. The anticipated amount of moneys that the stewardship organization will hold in 166 un- allocated reserve funds for the mattress stewardship program; and 167 c. The annual fee to be paid to the Department pursuant to section 7 (3) of this Act. 168 (3) In operating a mattress stewardship program, a stewardship organization shall: 10 of 20 169 a. Meet the requirements of the plan submitted under this section, as approved by 170 the Department pursuant to section 5 of this Act. 171 b. Meet or exceed the service requirements described in section 4 of this Act. 172 SECTION 4. Convenience Standards 173 (1) (a) A plan submitted under section 3 of this Act must provide for convenient 174 consumer access to the program, including permanent mattress dropoff locations throughout the 175 state, collection events in underserved areas of the state, and a convenient way for the public to 176 access a list of mattress collection opportunities. 177 (b) A plan may provide for methods for providing convenient service that are alternative 178 methods to those provided for in paragraph (a) of this subsection if, based on a geographic 179 information systems analysis or additional information, the alternative methods will result in 180 providing service to residents throughout this state at an equivalent level of convenient service 181 compared with the methods provided for under paragraph (a) of this subsection. 182 (2) A stewardship organization may: 183 a. Establish and maintain collection sites at permitted solid waste facilities or other 184 suitable sites for the collection of discarded mattresses, provided such sites do not impose a fee 185 for making space available for storage containers that the stewardship organization shall provide 186 at no charge. 187 b. Provide for bulk pickup service at no cost to collect a minimum of 100 properly 188 source separated program mattresses at one time from persons including: 189 i. Retailers; 11 of 20 190 ii. Health care, educational or military facilities; and 191 iii. Hotels, motels, inns and other establishments that provide transient lodging. 192 c. Offer organizations that recycle or renovate discarded mattresses the opportunity 193 to participate as collection sites. 194 d. Notify retailers that sell or offer for sale mattresses made or sold by producers or 195 renovators registered with the stewardship organization about the mattress stewardship program 196 and provide retailers with information necessary to comply with sections 1 to 13 of this Act. 197 SECTION 5. Plan Approval 198 (1) The Department shall approve, reject or request additional information for a plan 199 submitted under section 3 of this Act or an amendment to a plan submitted under section 6 of this 200 Act no later than 60 days after the date the Department receives the plan or plan amendment 201 from the stewardship organization. The Department shall post a plan or plan amendment on its 202 website and provide for a public comment period of no less than 15 days before approving, 203 rejecting or requesting additional information on the plan or plan amendment. 204 (2) If the Department rejects, or requests additional information pertaining to Section 205 3 of this act for, the plan or plan amendment, the Department must provide the stewardship 206 organization with the reasons, in writing, that the plan or plan amendment does not meet the plan 207 requirements of section 3of this Act. The stewardship organization shall have 30 days from the 208 date that the rejection or request for additional information is received to submit to the 209 Department any additional information necessary for the approval of the plan or plan 210 amendment. The Department shall review and approve or disapprove the revised plan or plan 12 of 20 211 amendment no later than 30 days after the date the Department receives the revised plan or plan 212 amendment. 213 (3) The Department’s rejection of, or request for additional information for, a plan 214 amendment does not relieve a stewardship organization from continuing to implement a mattress 215 stewardship program in compliance with a previously approved plan pending a final action by 216 the department on the plan amendment. 217 (4) Beginning no later than 1-year after a plan or amended plan is approved under this 218 section, a stewardship organization must implement a mattress stewardship program as described 219 in the plan or amended plan. 220 SECTION 6. Plan Amendment 221 (1) A stewardship organization shall submit to the Department for approval an 222 amendment to a plan that has been approved by the Department under section 5 of this Act if, at 223 any time: 224 a. There is a substantial or material change, as provided for under section 3(1)(j) of 225 this Act, to the system for collecting discarded mattresses; or 226 b. The Department requests an amendment to the plan in order to address a specific 227 finding by the department that the program plan is outdated as described in the program plan. 228 (2) The Department shall review the program plan every five years after initial plan 229 approval. If it deems that the requirements of section 6(1) have been met, it may require the 230 stewardship organization to submit to the Department, an amended plan for its review and 231 approval or rejection. 13 of 20 232 (3) The Department may not request an amendment under subsection (1) of this 233 section until two years after the implementation of a mattress stewardship program by the 234 stewardship organization. 235 (4) Within 30 days of the following, the stewardship organization shall provide 236 written notice to the Department: 237 a. A change in the location or the number of permanent collection sites identified in 238 the plan; 239 b. A change in the producers or renovators that are registered with the stewardship 240 organization; or 241 c. A change in the recyclers or renovators and transporters that manage the 242 discarded mattresses collected by the stewardship organization under the program. 243 (5) After one year from the date when the collection of the stewardship assessment 244 commences, the stewardship organization may change the amount of such assessment, but the 245 organization shall not change the amount of such assessment more frequently than annually 246 unless the organization provides good cause to change the assessment earlier and shall provide 247 no less than 90 days' notice to the public before the change in the amount of such assessment 248 takes place. 249 (6) The stewardship organization may conduct a financial review of the fees of those 250 parties required to remit the stewardship assessment to the mattress recycling organization to 251 verify that the assessments paid are proper and accurate and to confirm that all parties required 252 by this article to pay or collect the assessment are paying or collecting the proper amount. The 14 of 20 253 financial review shall be carried out in accordance with generally accepted auditing practices and 254 shall be limited in scope to confirm whether the stewardship assessment has been properly 255 collected on all sales of mattresses to consumers in the Commonwealth. The stewardship 256 organization shall hire independent third-party auditors to conduct the financial review. The 257 organization shall provide to the Department a copy of such financial review reports. 258 (7) A proposed change to the mattress stewardship assessment shall not be grounds to 259 require a program plan amendment. 260 SECTION 7. Annual Report 261 (1) A stewardship organization that implements a mattress stewardship program 262 pursuant to a plan approved by the Department under section 5 of this Act shall, no later than 263 July 1 of each year, submit for review and approval to the Department: 264 a. The annual report provided for under subsection (2) of this section for the 265 preceding calendar year; 266 b. An updated budget for the upcoming calendar year that follows the budget 267 requirements provided for in section 3 of this Act; and 268 (2) The annual report submitted by a stewardship organization shall include, at a 269 minimum, with respect to mattresses collected in this state: 270 a. The total sales of mattresses sold to consumers in this state in the previous 271 calendar year by producers, renovators and retailers registered with the stewardship organization; 272 b. The mattress stewardship program’s costs and revenues for the previous calendar 273 year; 15 of 20 274 c. Information on the number and tonnage of discarded mattresses collected 275 pursuant to the mattress stewardship program for recycling during the previous calendar year; 276 d. The weight of mattress materials recycled and the final disposition of mattress 277 materials, by weight and by material, sold as commodities in secondary markets; 278 e. The weight of program mattress materials sent for disposal at each of the 279 following: 280 i. Waste-to-energy facilities; 281 ii. Landfills; and 282 iii. Any other facilities; 283 f. An evaluation of why the mattress materials sent for disposal were not recycled 284 and a description of program efforts to increase the recycling rate of mattress materials under the 285 mattress stewardship program; 286 g. The strategies of the stewardship organization will take to address discarded 287 mattresses that are not program mattresses and discarded mattresses that are illegally dumped; 288 h. A summary of the public education offered in the previous calendar year that 289 supports the mattress stewardship program and examples of public education materials; 290 i. An evaluation of the effectiveness of methods and processes used to achieve the 291 approved program plan goals of the mattress stewardship program, information on progress 292 made toward achieving the goals, an explanation of why any goals were not met during the 16 of 20 293 previous calendar year and any options for improving progress toward meeting the goals in the 294 future, if applicable; 295 j. A report by an independent certified public accountant, retained by the 296 stewardship organization at the stewardship organization’s expense, on the accountant’s audit of 297 the stewardship organization’s financial statements; 298 k. A report on the outcome of financial review of entities the stewardship 299 organization contracts with, as provided in section6(6) of this Act; and 300 l. Recommendations for changes to the mattress stewardship program, including 301 continuous improvement. 302 (3) The Department shall establish an annual fee to be paid by the stewardship 303 organization that is reasonably calculated to cover the actual costs to the Department to 304 administer, implement and enforce sections 1 to 13 of this Act. The Department shall provide 305 notice to a stewardship organization no later than April 1 of each year of the annual fee for the 306 upcoming calendar year. Fees collected by the Department under this section shall be deposited 307 in the State Treasury to the credit of the Mattress Stewardship Fund established under section 9 308 of this Act. 309 SECTION 8. Department Powers 310 (1) The Department shall have the power to enter upon and inspect, at any 311 reasonable time, any public or private property, premises or place for the purpose of 312 investigating either an actual or suspected violation of sections 1 to 13 of this Act. 17 of 20 313 (2) A stewardship organization shall retain all records related to implementation of a 314 mattress stewardship program for not less than three years and make the records available for 315 inspection by the Department upon request. 316 (3) The Department shall maintain on its website a list of all producers, renovators 317 and retailers that are in compliance with sections 1 to 13 of this Act. 318 (4) Upon a written finding that a manufacturer, renovator, distributor, recycler, or 319 retailer has not met a material requirement of this chapter, in addition to any other penalties 320 authorized under this chapter, the department may take any of the following actions, after 321 affording the manufacturer, organization, renovator, distributor, recycler, or retailer a reasonable 322 opportunity to respond to, or rebut, the finding, to ensure compliance with the requirements of 323 this chapter: 324 a. Require additional reporting requirements relating to compliance with the 325 material requirement identified by the department. 326 b. Remove the manufacturer, renovator, or distributor from the department’s internet 327 website and list of compliant manufacturers, renovators, and distributors, as specified in Section 328 2(4). 329 c. levy civil penalties as described in Section 12 of this act. 330 SECTION 9. Mattress Stewardship Fund 331 The Mattress Stewardship Fund is established, separate and distinct from the General 332 Fund. All moneys in the Mattress Stewardship Fund are continuously appropriated to the 18 of 20 333 Department and may be used only to pay the costs of administering, implementing and enforcing 334 sections 1 to 13 of this Act. 335 SECTION 10. Antitrust immunity 336 (1) The public interest is served by producers and stewardship organizations 337 collaborating to develop, fund and implement mattress stewardship programs. The 338 establishment, administration, setting, collection and disbursement of the stewardship assessment 339 shall be exempt from federal and state antitrust laws. 340 (2) (a) This section does not authorize any person to engage in activities or to 341 conspire to engage in activities that constitute per se violations of state or federal antitrust laws 342 that are not authorized under sections 1 to 13 of this Act. 343 (b) This section does not apply to any activities related to: 344 a. Pricing agreements for mattresses unrelated to the mattress stewardship 345 assessment; 346 b. Agreements regarding the output or production of mattresses; or 347 c. Restrictions on the geographic area in which, or the consumers to whom, 348 mattresses will be sold. 349 (3) The Department shall actively supervise the conduct of a stewardship 350 organization in establishing, administering, collecting and disbursing the mattress stewardship 351 assessment. 352 SECTION 11. Regulatory Authority 19 of 20 353 The Department may adopt rules as necessary to implement sections 1 to 13 of this Act. 354 SECTION 12. Civil Penalties 355 (1) A retailer that violates this part is subject to a civil penalty not to exceed $100 per 356 day for each day of the violation. 357 (2) (a) a producer, renovator, or representative organization that violates this part is 358 subject to a civil penalty not to exceed $1,000 per day for each day of the violation. 359 (b) any penalty collected under this section shall be placed in the mattress stewardship 360 fund to be used by the [department] to ensure the implementation of approved mattress 361 stewardship programs. 362 (3) In evaluating whether to impose a civil penalty, and in determining the amount of 363 such civil penalty, the Department shall take into account the materiality of the violation, 364 whether the violation is wholly or partially the result of factors beyond the control of the 365 producer or mattress recycling organization, whether the producer or mattress recycling 366 organization has made a good faith effort to comply with the provisions of this article, and 367 whether the violation can be addressed through means other than a civil penalty. 368 SECTION 13. Program Deadlines 369 (1) Initial plans for mattress stewardship programs under section 3 of this Act must 370 be submitted to the Department no later than one year after this Act becomes law. 371 (2) Notwithstanding section 5 (4) of this Act, a stewardship organization shall 372 implement a mattress stewardship program as described in an initial plan submitted pursuant to 20 of 20 373 subsection (1) of this section no later than one year after the date that the initial plan is approved 374 by the Department under section 5 of this Act.