An Act to assess the future of mattress recycling in the Commonwealth

HOUSE . . . . . . . . No. 4852 The Commonwealth of Massachusetts ________________________________________ HOUSE OF REPRESENTATIVES, June 8, 2022. The committee on Environment, Natural Resources and Agriculture to whom was referred the petition (accompanied by bill, House, No. 988) of Edward R. Philips and others for legislation to establish a mattress recycling program in the Commonwealth, reports recommending that the accompanying bill (House, No. 4852) ought to pass. For the committee, MINDY DOMB. 1 of 18 FILED ON: 6/3/2022 HOUSE . . . . . . . . . . . . . . . No. 4852 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ An Act to assess the future 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 (1) "Brand" means a name, symbol, word or mark that attributes a mattress to the 4 producer of such mattress; 5 (2) “Commissioner” means the Commissioner of the Department of Environmental 6 Protection; 7 (3) "Covered entity" means any political subdivision of the state, mattress retailer, 8 permitted transfer station, waste-to-energy facility, health care facility, educational facility, 9 military base or commercial or nonprofit lodging establishment that possesses a discarded 10 mattress that was used and discarded in this state. "Covered entity" does not include any 11 renovator, refurbisher or any person who only transports a discarded mattress; 12 (4) "Department" means the Department of Environmental Protection; 2 of 18 13 (5) "Discarded mattress" means any mattress that a consumer discarded, intends to 14 discard or abandoned in the state; 15 (6) "Energy recovery" means the process by which all or a portion of solid waste 16 materials are processed or combusted in order to utilize the heat content or other forms of energy 17 derived from such solid waste materials; 18 (7) "Foundation" means any ticking-covered structure that is used to support a 19 mattress and that is composed of one or more of the following: A constructed frame, foam or a 20 box spring, whether stationary, adjustable or foldable. "Foundation" does not include any bed 21 frame or base made of wood, metal or other material that rests upon the floor and that serves as a 22 brace for a mattress; 23 (8) “Institution” means established organizational entities including, but not limited to 24 health care facilities, higher education facilities, military bases, public and private correctional 25 facilities and jails, assisted living facilities, and group homes; 26 (9) "Mattress" means any resilient material or combination of materials that is enclosed 27 by ticking, used alone or in combination with other products, and that is intended for or 28 promoted for sleeping upon. "Mattress" includes any foundation and any used or renovated 29 mattress. "Mattress" does not include any mattress pad, mattress topper, sleeping bag, pillow, car 30 bed, 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 32 mattress that does not contain upholstery material between the ticking and the mattress core, and 33 upholstered furniture, including a sleeper sofa; 3 of 18 34 (10) "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 (11) "Mattress stewardship fee" means the amount added to the purchase price of a 37 mattress sold to a consumer or to an ultimate end user in this state that is necessary to cover the 38 cost of collecting, transporting and processing discarded mattresses by the council pursuant to 39 the mattress stewardship program; 40 (12) "Mattress topper" means any item that contains resilient filling, with or without 41 ticking, that is intended to be used with or on top of a mattress; 42 (13) “Non-profit social enterprise organization” means an organization that sells goods 43 and services and enhances economic development and environmental justice through work 44 opportunities in mattress recycling for individuals facing significant barriers to employment; 45 (14) "Performance goal" means a metric proposed by the council and approved by the 46 department to measure, on an annual basis, the performance of the mattress stewardship 47 program, taking into consideration technical and economic feasibilities, in achieving continuous, 48 meaningful improvement in improving the rate of mattress recycling in the state and any other 49 specified goal of the program. At a minimum, goals must include collection and recycling rates 50 and public awareness; 51 (15) "Producer" means any person, irrespective of the selling technique used, including 52 that of remote sale, who manufactures or renovates a mattress that is sold, offered for sale or 53 distributed in the state under the producer's own name or brand. "Producer" includes (A) the 54 owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in 55 this state, whether or not such trademark or brand is registered in this state, and (B) any person 4 of 18 56 who imports a mattress into the United States that is sold or offered for sale in this state and that 57 is manufactured or renovated by a person who does not have a presence in the United States; 58 (16) "Renovate" or "renovation" means altering a mattress for the purpose of resale 59 including any one, or a combination of, the following: Replacing the ticking or filling, adding 60 additional filling, or replacing components with new or recycled materials. "Renovate" or 61 "renovation" does not include (A) the stripping of a mattress of its ticking or filling without 62 adding new material, (B) the sanitization or sterilization of a mattress without otherwise altering 63 the mattress, or (C) the altering of a mattress by a renovator when a person retains the altered 64 mattress for personal use, in accordance with regulations of the Department of Consumer and 65 Business Services; 66 (17) "Renovator" means any person who renovates discarded mattresses for the 67 purpose of reselling such mattresses to consumers; 68 (18) "Retailer" means any person who sells mattresses to a consumer or to an ultimate 69 end user in this state or offers mattresses to a consumer in this state through any means, 70 including but not limited to remote offerings such as sales outlets, catalogs or the Internet. 71 (19) "Sanitization" means the direct application of chemicals to a mattress to kill 72 human disease-causing pathogens; 73 (20) "Sale" means the transfer of title of a mattress for consideration, including, but 74 not limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means to a 75 consumer or to an ultimate end user in the state; 5 of 18 76 (21) "Sterilization" means the mitigation of any deleterious substances or organisms, 77 including human disease-causing pathogens, fungi and insects from a mattress or filling material 78 using a chemical or heat process; 79 (22) "Ticking" means the outermost layer of fabric or material of a mattress. "Ticking" 80 does not include any layer of fabric or material quilted together with, or otherwise attached to, 81 the outermost layer of fabric or material of a mattress; and 82 (23) "Upholstery material" means all material, loose or attached, between the ticking 83 and the core of a mattress. 84 (24) “Waste hauler” means any person who provides commercial, institutional, and 85 residential solid waste removal services, including the removal and end-of-use management of 86 discarded mattresses, in the state under the waste hauler’s own name and brand. 87 SECTION 2. Chapter 21H of the General Laws is hereby amended by inserting after 88 Section 7 the following section:- Mattress Stewardship Program 89 Sec. 8. (a) Within 90 days following enactment of this act, each producer, or such 90 producer's designee, shall join the mattress recycling council and by said date such council shall 91 submit a plan, for approval by the Commissioner, to establish a state-wide mattress stewardship 92 program, as described in this subsection. Retailers may participate in said council. Such mattress 93 stewardship program shall, to the extent it is technologically feasible and economically practical: 94 (1) provide for free, convenient and accessible state-wide opportunities for the receipt of 95 discarded mattresses from any person in the state with a discarded mattress that was used and 96 discarded in the state, including, but not limited to, participating covered entities that accumulate 97 and segregate a minimum of one hundred discarded mattresses for collection at one time; (2) 6 of 18 98 provide for free collection of discarded mattresses from transfer stations that accumulate and 99 segregate fewer than fifty mattresses, provided the transfer stations require such collection due to 100 space or permit requirements; (3) provide suitable storage containers at, or make other mutually 101 agreeable storage and transport arrangements for, permitted transfer stations for segregated, 102 discarded mattresses, at no cost to such municipality, provided such transfer station makes space 103 available for such purpose and imposes no fee for placement of such storage container on the 104 transfer station's premises; (4) provide that the organization will conduct research, as needed, 105 related to improving used mattress collection, dismantling, and recycling operations, including 106 pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise 107 limited basis; and (5) include a mattress stewardship fee that is sufficient to cover the costs of 108 operating and administering the program. 109 (b) The plan submitted pursuant to subsection (a) of this section shall: (1) identify each 110 producer participating in the program; (2) describe the fee structure for the program and include 111 a proposed budget; (3) establish performance goals for the program that clearly outline the 112 maximum feasible level of recovery and recycling of used mattresses in support of the 113 Commonwealth’s overall waste diversion goals as outlined in the department’s solid waste 114 master plan; (4) identify proposed facilities to be used by the program; (5) Offer organizations 115 that recycle or renovate discarded mattresses the opportunity to participate as collection sites; (6) 116 meet minimum convenience goals approved by the department that provide communities, 117 including but not limited, to small towns, rural towns, residents of multifamily housing 118 structures, and environmental justice populations equitable access to collection sites and a 119 timeline for implementing and achieving convenient access to the program; (7) detail how the 120 program will promote the recycling of discarded mattresses consistent with the state’s solid 7 of 18 121 waste management hierarchy; (8) include a description of the public education program; (9) 122 propose a mechanism to mitigate the costs associated with collection of discarded mattresses that 123 are illegally dumped, which may include but need not be limited to proposals for funding of 124 clean-up activities, for education and outreach or for studies to evaluate the causes of illegal 125 dumping. 126 (c) The council shall establish and implement a fee structure that covers, but does not 127 exceed, the costs of developing the plan described in subsection (b) of this section, operating and 128 administering the program described in subsection (a) of this section and shall not maintain total 129 reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements 130 of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for- 131 Profit Entities (Topic 958), and any future updates to that standard. If the council’s reserves 132 exceed the amount specified, the department may require the organization to increase spending 133 on implementing the requirements of this chapter in order to reduce the excess amount of 134 reserves. The council may not use any moneys collected through a mattress stewardship fee to 135 pay penalties assessed against the council. The council may initially set the fee as a flat rate and 136 not as a percentage of the purchase price. During the third year of implementing a mattress 137 stewardship program under a plan or initial plan, the council shall fund a study conducted by the 138 department that examines (i) how the mattress stewardship fee can be differentiated to: 1) 139 incentivize the reduction of toxics and resources (e.g., energy and water) associated with 140 mattress production; 2) incentivize the use of post-consumer recycled content in mattress; and 3) 141 discourage the use of mattress materials that pose challenges for the recycling of discarded 142 mattresses; and (ii) the scope of discarded mattresses in this state that are not being collected as 143 part of the council’s mattress stewardship program and recommendations on how to direct the 8 of 18 144 discarded mattresses to, and include them, in the council’s program. The results of the study will 145 be used to establish a system of differential fees within one year of completion of the study. The 146 council shall maintain all records relating to the program for a period of not less than three years. 147 (d) The council shall include in its plan the establishment of a new Employment 148 Social Enterprise Impact Program based on written recommendations provided by the 149 Commissioner. The goal of the program will be to foster the sustainability of nonprofit 150 employment social enterprise organizations that sell goods and services and enhance economic 151 development and environmental justice through the provision of work opportunities in mattress 152 recycling for individuals facing significant barriers to employment. The program will be 153 effective 30 days after the approval of a plan. Based on the submission of an eligible nonprofit 154 application, the council shall select at least one nonprofit employment social enterprise and 155 award a contract as a vendor for the collection, transportation and recycling of mattresses during 156 the four-year period of the initial plan. Eligible applicants will be 501c3 nonprofit employment 157 social enterprise organizations that have a demonstrated history of providing mattress recycling 158 services in Massachusetts as an approved vendor by the department while providing employment 159 and professional skills training opportunities for individuals facing significant barriers to 160 employment. In addition to the council’s funding for the collection, transportation, and recycling 161 of mattresses, the selected nonprofit will be provided a contract that includes an additional social 162 impact payment to support the offering of wraparound and work readiness services, including but 163 not limited to training, transitional employment services, and case management as long as fifty 164 percent of individuals in the work crew face barriers to employment. The social impact payment 165 will equal no less than $18 per mattress recycled or reused by the nonprofit, not to exceed 166 $500,000 per year. Subsequent to the first four-year period of the plan, the council will evaluate 9 of 18 167 the opportunity to expand the Employment Social Enterprise Impact Program, and will continue 168 to provide all program offerings included in the initial plan, with no interruption of the program, 169 to at least one eligible nonprofit with a minimum of five years of mattress recycling experience 170 as an approved vendor in Massachusetts. Additionally, nonprofit employment social enterprises 171 will receive priority consideration in any bid or grant application through the council or 172 department that supports mattress recycling, and will be eligible to receive awards on a continual 173 annual basis to best support their sustainability. 174 (e) Pursuant to the program, recycling shall be preferred over any other disposal 175 method for mattresses, to the extent that recycling is technologically feasible and economically 176 practical. 177 (f) If the mattress stewardship fee established by the council is less than the social impact 178 payment, the department shall, monthly, reimburse participating nonprofit employment social 179 enterprises for the difference between the fee and the social impact payment, per mattress 180 collected and recycled. The nonprofit employment social enterprise shall, monthly. submit to the 181 department a request for reimbursement that includes (i) the total number of mattresses collected 182 and recycled by the nonprofit employment social enterprise; and (ii) transportation costs incurred 183 by the nonprofit employment social enterprise related to mattress collection and recycling. The 184 department may (i) increase the minimum social impact payment, (ii) increase the annual cap on 185 social impact payments, and (iii) adjust the reimbursement schedule. 186 (g) The Commissioner shall approve the plan for the establishment of the mattress 187 stewardship program, provided such plan meets the requirements of subsections (a) to (c), 188 inclusive, of this section. Not later than ninety days after submission of the plan pursuant to this 10 of 18 189 section, the Commissioner shall make a determination whether to approve the plan. Prior to 190 making such determination, the Commissioner shall post the plan on the department's Internet 191 web site and solicit public comments on the plan for not less than thirty days. In the event that 192 the Commissioner disapproves the plan because it does not meet the requirements of subsections 193 (a) to (d), inclusive, of this section, the Commissioner shall describe the reasons for the 194 disapproval in a notice of determination that the Commissioner shall provide to the council. The 195 council shall revise and resubmit the plan to the Commissioner not later than forty-five days after 196 receipt of notice of the Commissioner’s disapproval notice. Not later than forty-five days after 197 receipt of the revised plan, the Commissioner shall review and approve or disapprove the revised 198 plan and provide a notice of determination to the council. The council may resubmit a revised 199 plan to the Commissioner for approval on not more than two occasions. If the council fails to 200 submit a plan that is acceptable to the Commissioner because it does not meet the requirements 201 of subsections (a) to (c), inclusive, of this section, the Commissioner shall modify a submitted 202 plan to make it conform to the requirements of subsections (a) to (c), inclusive, of this section, 203 and approve it. Not later than one hundred eighty days after the approval of a plan pursuant to 204 this section, or one hundred eighty days, in the case of a plan modified by the Commissioner, the 205 council shall implement the mattress stewardship program. The initial plan submitted by a 206 council and approved by the department shall be valid for five years. At least 180 days before the 207 expiration of a plan or initial plan, the council shall submit the plan to the department to be 208 reapproved for an additional five years. 209 (h) (1) The council shall submit any proposed substantial change to the program to 210 the Commissioner for approval. For the purposes of this subdivision, "substantial change" 211 means: (A) A change in the processing facilities to be used for discarded mattresses collected 11 of 18 212 pursuant to the program, (B) a material change to the system for collecting mattresses, (C) a 213 change to the fee structure, (D) a change in the composition of the committee. If the 214 Commissioner does not disapprove a proposed substantial change within ninety days of receipt 215 of notification of such proposed substantial change, such proposed substantial change shall be 216 deemed approved. 217 (2) Within 90 days following the end of the program’s second fiscal year, the council 218 shall submit updated performance goals to the Commissioner that are based on the experience of 219 the program during the first two years of the program and to ensure continued alignment with the 220 department’s solid waste diversion goals. 221 (i) The council shall notify the Commissioner of other material changes to the 222 program on an ongoing basis, without resubmission of the plan to the Commissioner for 223 approval. The department may promulgate regulations regarding permissible changes without 224 resubmission of the plan. 225 (j) Within 90 days following the end of the program’s second fiscal year and every 226 two years thereafter, the council shall propose a mattress stewardship fee for all mattresses sold 227 in this state except those products excluded from the definition of “Mattress” in Section 1. (k) 228 On and after the implementation of the mattress stewardship program, each manufacturer, 229 renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end user in 230 the state shall add the mattress stewardship fee, established pursuant to subsection (a) of this 231 section and described in subsection (h) of this section, to the purchase price for such mattress and 232 shall remit the fee collected to the council. In each transaction described above, the fee shall 233 appear on the invoice and shall be accompanied by a brief description of the fee. The council 12 of 18 234 shall determine the rules and procedures that are necessary and proper to implement the 235 collection of the fee in a fair, efficient, and lawful manner. Any producer or retailer who fails to 236 participate in such program shall not sell mattresses in this state. 237 (k) Not later than October fifteenth of each year, the council shall submit an annual 238 report to the Commissioner of the for the most recently completed fiscal year. The 239 Commissioner shall post such annual report on the department's Internet web site. The 240 Commissioner shall review and approve the yearly annual report. Such report shall include: (1) 241 Information on the number and tonnage of discarded mattresses collected pursuant to the 242 mattress stewardship program from: (A) transfer stations, (B) retailers, (C) collection events, (D) 243 employment social enterprise organizations and (E) all other covered entities during the previous 244 calendar year at a sufficient level of disaggregation to determine how the program is performing 245 in different regions of the state; (2) Information on the number and tonnage of program 246 mattresses collected pursuant to the mattress stewardship program for renovation during the 247 previous calendar year at a sufficient level of disaggregation to determine how the program is 248 performing in different regions of the state; (3) the tonnage of mattresses diverted for recycling; 249 (4) the weight of mattress materials recycled, as indicated by the weight of each of the 250 commodities sold to secondary markets; (5) the weight of mattress materials sent for disposal at 251 each of the following: (A) Waste-to-energy facilities, (B) landfills, and (C) any other facilities; 252 (6) a summary of the public education that supports the program; (7) an evaluation of the 253 effectiveness of methods and processes used to achieve performance goals of the program, 254 information on progress made toward achieving the goals, an explanation of why any goals were 255 not met during the previous calendar year and any efforts that will be taken to improve progress 256 toward meeting the goals in the future, if applicable; (8) recommendations for any changes to the 13 of 18 257 program; (9) the total sales of mattresses sold to consumers in this state in the previous calendar 258 year by producers, renovators and retailers registered with the council; (10) the number of 259 discarded mattresses received through collection that were not included in the program, the 260 number of discarded mattresses that were illegally dumped as reported to the department, an 261 analysis of how the data required by this paragraph has changed over time and strategies the 262 council will take to address discarded mattresses that are not included in the program and 263 discarded mattresses that are illegally dumped; and (11) the mattress recycling organization’s 264 costs and revenues for the previous calendar year. 265 (l) The Commissioner of the Department of Environmental Protection shall appoint a 266 mattress stewardship program advisory committee. The advisory committee shall be comprised 267 with membership representation from the Commissioner of the Massachusetts Department of 268 Environmental Protection, or his/her designee, who shall serve as chair of the special 269 commission; a representative from MassRecycle; two representatives from two different covered 270 entities; a representative from a Massachusetts-based mattress recycling organization; a 271 representative of an environmental nongovernmental organization; a representative of a social 272 enterprise nonprofit organization involved in mattress recycling; and a representative of the 273 International Sleep Products Association. The commissioner shall place great emphasis on 274 selecting a diverse group of advisory committee members. The attorney general shall appoint one 275 member to the advisory committee with expertise in consumer protection. The advisory 276 committee shall meet not less than once every quarter and shall consult with the council and 277 advise the department, including delivering written recommendations regarding: (1) The review 278 of any plan for the development and implementation of a mattress stewardship program 279 submitted to the department; (2) The review of any amendment to a plan; (3) The review of 14 of 18 280 annual reports submitted by a council. The department may select and hire a third-party 281 facilitator for the Advisory Committee, which shall be included among the administrative costs 282 of the program, to be paid by producers or producer responsibility organizations. 283 (m) The council shall conduct during the third year of implementing a mattress 284 stewardship program, and in consultation with the mattress stewardship program advisory 285 committee and a minimum of three other community organizations invited by the advisory 286 committee, a study evaluating the most effective methods of providing discarded mattress 287 collection services to low-income individuals, environmental justice populations, municipalities 288 with populations of less than 5,000 residents, and multifamily housing structures. 289 (n) Two years after the implementation of the program and every three years 290 thereafter, or upon the request of the Commissioner but not more frequently than once a year, the 291 council shall cause an audit of the program to be conducted by an auditor as described in 292 subsection (h) of this section. Such audit shall review the accuracy of the council's data 293 concerning the program and provide any other information requested by the Commissioner, 294 consistent with the requirements of this section, provided such request does not require the 295 disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for 296 by the council. The council shall maintain all records relating to the program for not less than 297 three years. 298 (o) Upon implementation of the mattress stewardship program described in section 2 of 299 this act, any covered entity that participates in such program shall not charge for the receipt of 300 discarded mattresses that are discarded in this state provided covered entities may charge a fee 301 for providing the service of collecting mattresses. 15 of 18 302 (p) Each producer and the council shall be immune from liability for any claim of a 303 violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to 304 the extent such producer or council is exercising authority pursuant to the provisions of sections 305 1 to 6, inclusive, of this act. 306 (q) (1) The Commissioner may seek civil enforcement of the provisions of sections 2 and 307 3 of this act. 308 (2) Whenever, in the judgment of the Commissioner, any person has engaged in or is 309 about to engage in any act, practice or omission that constitutes, or will constitute, a violation of 310 any provision of section 2 or 3 of this act, the Attorney General may, at the request of the 311 Commissioner, bring an action for an order enjoining such act, practice or omission. Such order 312 may require any producer or renovator that violates the provisions of this Act to incur a civil 313 penalty not to exceed $1,000 per day for each day of the violation and any retailer that violates 314 the provisions of this Act incurs a civil penalty not to exceed $100 per day for each day of the 315 violation. Upon a showing by the Commissioner that such person has engaged in or is about to 316 engage in any such act, practice or omission, the court may issue a permanent or temporary 317 injunction, restraining order or other order, as appropriate. 318 (3) Any action brought by the Attorney General pursuant to this section shall have 319 precedence in the order of trial. 320 (r) In the event that another state implements a mattress recycling program, the council 321 may collaborate with such state to conserve efforts and resources used in carrying out the 322 mattress stewardship program, provided such collaboration is consistent with the requirements of 323 sections 1 to 6, inclusive, of this act. 16 of 18 324 (s) Nothing in this section shall prohibit the department from administering existing 325 mattress recycling programs. 326 (t) The department shall establish an annual fee to be paid by the council that is 327 reasonably calculated to cover the costs to the department to administer, implement and enforce 328 this Act. The department shall provide notice to the council no later than June 1 of each year of 329 the annual fee for the upcoming calendar year. 330 SECTION 3. Chapter 21H of the General Laws is hereby amended by inserting after 331 Section 7 the following section:- “Section 9: Mattress Recycling Needs Assessment” 332 Section 9. Mattress Recycling Needs Assessment 333 (a) The department shall conduct a needs assessment, a copy of which is to be published 334 on the department’s Internet website, and filed with the clerks of the house of representatives and 335 the senate and the chairs of the joint committee on environment, natural resources and 336 agriculture not later than October 5, 2023. This needs assessment and final report shall include: 337 (1) both a two-year and five-to-ten-year analysis of the state’s projected mattress 338 recycling demand, volume, mattress recycling capacity, associated costs, resource and budgetary 339 needs following the effective date of the updated regulations pursuant to 310 CMR 19.000, 340 including: (A) a recommendation on the continuation of the state’s current role in mattress 341 recycling and the possible expansion of its mattress recycling infrastructure, (B) an 342 environmental impact analysis of the state’s current mattress recycling infrastructure, (C) 343 recommendations and best practices for supporting municipalities with mattress collection, 344 mattress transportation, and associated mattress recycling costs, (D) recommendations for 345 continued social enterprise involvement with the statewide mattress recycling program, including 17 of 18 346 a review of opportunities to increase additional community impacts through preferred 347 partnerships with local non-profit social enterprises and organizations that recycle mattresses, 348 and policy recommendations to reduce potential barriers to entry in the statewide mattress 349 recycling program for social enterprise organizations, and (E) an analysis of the interests and 350 concerns of various stakeholders, including, but not limited to (i) producers, (ii) online and out- 351 of-state retailers, (iii) in-state retailers, (iv) municipalities, (v) commercial and non-profit social 352 enterprise mattress recyclers, (vi) commercial waste haulers, (vii) institutions, (viii) the 353 department, and (ix) consumers; 354 (2) both a two-year and five-to-ten-year analysis of (A) the future capacity of social 355 enterprise engagement in the statewide mattress recycling program, (B) capacity to address 356 recycling needs and coverage gaps across all regions in the commonwealth using a variety of 357 strategies, including but not limited to commercial, non-profit or social enterprise vendors, 358 regional or municipal mattress recycling services, retailer mattress take-back programs, producer 359 responsibility programs, or waste hauler mattress collection services, and (C a determination of 360 the necessity and feasibility of providing ongoing recycling-related logistical support for 361 municipalities that host institutions of higher education with large off-campus student 362 populations; 363 (3) policy recommendations for establishing proper end-of-use management standards for 364 mattresses, including, but not limited to: (A) ensuring proper in-state disposal of discarded 365 mattresses, including incentives to promote use of in-state mattress recycling infrastructure, (B) 366 support for non-profit social enterprise mattress recycling entities, (C) monetary fines for 367 improper or illegal disposal of mattresses, and (D) the feasibility of implementing a waste 368 tracking system that ensures effective and legal end-of-use management of mattresses; 18 of 18 369 (4) policy recommendations for the continuation and improvement of a statewide 370 mattress stewardship program; and 371 (5) recommendations for best practices to ensure broad and comprehensive public access 372 to accurate online information about the availability of statewide mattress recycling options, 373 access to such options, and proper mattress end-of-use management. 374 (b) As part of the needs assessment, the department shall solicit public input regarding 375 end-of-use mattress recycling needs, gaps in departmental resource allocation and opportunities 376 for increased programmatic support for municipalities with populations of less than 5,000 377 throughout the Commonwealth. Not later than September 5, 2023, the department shall (i) hold 378 not less than 4 public hearings in geographically-diverse municipalities across the 379 commonwealth, 2 of which shall be held in rural municipalities, to receive public testimony on 380 the end-of-use mattress management needs of small and rural municipalities, and shall provide 381 for remote participation; and (ii) solicit and accept written and electronic testimony submissions 382 from the public. The department shall solicit public comment for at least 30 days and shall 383 summarize the public input it receives in the needs assessment. 384 SECTION 4. Sections 1 and 2 of this act shall take effect upon its passage. 385 SECTION 5. Section 3 of this act shall take effect on January 5, 2023.