2015 -- S 0539 SUBSTITUTE A

========

LC001894/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO HEALTH AND SAFETY - RESPONSIBLE RECYCLING, REUSE, AND

DISPOSAL OF MATTRESSES

     Introduced By: Senators Ruggerio, Sosnowski, Miller, and Metts

     Date Introduced: March 03, 2015

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-90-3 and 23-90-5 of the General Laws in Chapter 23-90

entitled "Responsible Recycling, Reuse and Disposal of Mattresses" are hereby amended to read

as follows:

     23-90-3. Definitions. -- As used in this chapter, the following words shall, unless the

context clearly requires otherwise, have the following meanings:

      (1) "Brand" means a name, symbol, word or mark that attributes a mattress to the

producer of such mattress.

      (2) "Covered entity" means any political subdivision of the state, any mattress retailer,

any permitted transfer station, any waste to energy facility, any healthcare facility, any

educational facility, any correctional facility, any military base, or any commercial or non profit

lodging establishment that possesses a discarded mattress that was discarded in this state.

Covered entity does not include any renovator, refurbisher or any person who transports a

discarded mattress.

      (3) "Consumer" means an individual who is also a resident of this state.

      (4) "Corporation" means the Rhode Island Resource Recovery Corporation.

      (5) "Corporation Director" means the executive director of the Rhode Island Resource

Recovery Corporation.

      (6) "Council" or "mattress recycling council" means the state-wide non profit

organization created by producers or created by any trade association that represents producers

who account for a majority of mattress production in the United States to design, submit and

implement the mattress stewardship plan as described in this chapter.

      (7) "Discarded mattress" means any mattress that a consumer intends to discard, has

discarded or that is abandoned.

      (8) "Energy recovery" means the process by which all or a portion of solid waste

materials are processed or combusted in order to utilize the heat content or other forms of energy

derived from such solid waste materials.

      (9) "Foundation" means any ticking-covered structure that is used to support a mattress

and that is composed of one or more of the following: A constructed frame, foam or a box spring.

"Foundation" does not include any bed frame or base made of wood, metal or other material that

rests upon the floor and that serves as a brace for a mattress.

      (10) "Mattress" means any resilient material or combination of materials that is enclosed

by ticking, used alone or in combination with other products, and that is intended for or promoted

for sleeping upon. "Mattress" includes any foundation and any renovation , renovated foundation,

or renovated mattress.

     "Mattress" does not include any of the following:

     (i) An unattached mattress pad, an unattached mattress topper, including any item with

resilient filling, with or without ticking, that is intended to be used with or on top of a mattress;

     (ii) A sleeping bag, pillow,;

     (iii) A crib or bassinet mattress, car bed,;

     (iv) Juvenile products including a carriage, basket, dressing table, stroller, playpen, infant

carrier, lounge pad, crib bumper, and the pads for those juvenile products;

     (v) A product that contains, liquid and or gaseous filled ticking including any water bed

and or air mattress that does not contain upholstery material between the ticking and the mattress

core,; and

     (vi) Any upholstered furniture that does not otherwise contain a detachable mattress.; or

     (vii) A fold-out sofa bed or futon.

      (11) "Mattress core" means the main support system that is present in a mattress,

including, but not limited to, springs, foam, air bladder, water bladder or resilient filling.

      (12) "Mattress recycling council" or "council" means the organization created by

producers to design, submit and implement the mattress stewardship program described in § 23-

90-5.

      (13) "Mattress stewardship fee" means the amount added to the purchase price of a

LC001894/SUB A - Page 2 of 8

mattress sold in this state that is necessary to cover the cost of collecting, transporting and

processing discarded mattresses by the council pursuant to the mattress stewardship program.

      (14) "Mattress stewardship program" or "program" means the state-wide program

described in § 23-90-5 and implemented pursuant to the mattress stewardship plan as approved by

the corporation director.

      (15) "Mattress topper" means any item that contains resilient filling, with or without

ticking, that is intended to be used with or on top of a mattress.

      (16) "Performance goal" means a metric proposed by the council, to measure, on an

annual basis, the performance of the mattress stewardship program, taking into consideration

technical and economic feasibilities, in achieving continuous, meaningful improvement in

improving the rate of mattress recycling in the state and any other specified goal of the program.

      (17) "Producer" means any person who manufactures or renovates a mattress that is sold,

offered for sale or distributed in the state under the manufacturer's own name or brand.

"Producer" includes:

      (i) The owner of a trademark or brand under which a mattress is sold, offered for sale or

distributed in this state, whether or not such trademark or brand is registered in this state; and

      (ii) Any person who imports a mattress into the United States that is sold or offered for

sale in this state and that is manufactured or renovated by a person who does not have a presence

in the United States;

      (18) "Recycling" means any process in which discarded mattresses, components and by-

products may lose their original identity or form as they are transformed into new, usable or

marketable materials. "Recycling" does not include as a primary process the use of incineration

for energy recovery or energy generation by means of combustion.

      (19) "Renovate" or "renovation" means altering a mattress for the purpose of resale and

includes any one, or a combination of, the following: Replacing the ticking or filling, adding

additional filling, rebuilding a mattress, or replacing components with new or recycled materials.

"Renovate" or "renovation" does not include the:

      (i) Stripping of a mattress of its ticking or filling without adding new material;

      (ii) Sanitization or sterilization of a mattress without otherwise altering the mattress, or

      (iii) Altering of a mattress by a renovator when a person retains the altered mattress for

personal use, in accordance with regulations of the department of business regulation.

      (20) "Renovator" means a person who renovates discarded mattresses for the purpose of

reselling such mattresses in a retail store.

      (21) "Retailer" means any person who sells mattresses in this state or offers mattresses in

LC001894/SUB A - Page 3 of 8

this state to a consumer through any means, including, but not limited to, remote offerings such as

sales outlets, catalogs or the Internet.

      (22) "Sanitization" means the direct application of chemicals to a mattress to kill human

disease-causing pathogens.

      (23) " Sale" means the transfer of title of a mattress for consideration, including through

the use of a sales outlet, catalog, internet website or similar electronic means.

      (24) "Sterilization" means the mitigation of any deleterious substances or organisms

including human disease-causing pathogens, fungi and insects from a mattress or filling material

using a process approved by the department of business regulation.

      (25) "Ticking" means the outermost layer of fabric or material of a mattress. "Ticking"

does not include any layer of fabric or material quilted together with, or otherwise attached to, the

outermost layer of fabric or material of a mattress.

      (26) "Upholstery material" means all material, loose or attached, between the ticking and

the core of a mattress.

      (27) "Wholesaler" means any person who sells or distributes mattresses in the state, in a

nonretail setting, for the purpose of the resale of such mattresses.

     23-90-5. Mattress stewardship plan. -- (a) On or before July 1, 2015, the mattress

stewardship council shall submit a mattress stewardship plan for the establishment of a mattress

stewardship program to the corporation director for approval.

      (b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is

technologically feasible and economically practical:

      (1) Identify each producer's participation in the program;

      (2) Describe the fee structure for the program and propose a uniform stewardship fee that

is sufficient to cover the costs of operating and administering the program;

      (3) Establish performance goals for the first two (2) years of the program;

      (4) Identify proposed recycling facilities to be used by the program, such facilities shall

not require a solid waste management facilities license;

      (5) Detail how the program will promote the recycling of discarded mattresses;

      (6) Include a description of the public education program;

      (7) Describe fee disclosure language that retailers will be required to prominently display

that will inform consumers of the amount and purpose of the fee; and

      (8) Identify the methods and procedures to facilitate implementation of the mattress

stewardship program in coordination with the corporation director and municipalities.

      (c) Not later than ninety (90) days after submission of the plan pursuant to this section,

LC001894/SUB A - Page 4 of 8

the corporation shall make a determination whether to:

      (1) Approve the plan as submitted; or

      (2) Deny the plan.

      (d) The corporation director shall approve the plan for the establishment of the mattress

stewardship program, provided such plan reasonably meets the requirements of this section. Prior

to making such determination, the corporation director shall post the plan for at least thirty (30)

days in accordance with the "Administrative Procedures Act" as set forth in chapter 42-35 on the

corporation's website and solicit public comments on the plan, to be posted on the website.

      (e) In the event that the corporation director denies the plan, the corporation director

shall provide a notice of determination to the council, within sixty (60) days, detailing the reasons

for the disapproval. The council shall revise and resubmit the plan to the corporation director not

later than forty-five (45) days after receipt of notice of the corporation director's denial notice.

Not later than forty-five (45) days after receipt of the revised plan, the corporation director shall

review and approve or deny the revised plan. The council may resubmit a revised plan to the

corporation director for approval on not more than two (2) occasions. If the council fails to

submit a plan that is acceptable to the corporation director, because it does not meet the criteria

pursuant to subdivision (b)(1-8), the corporation director shall have the ability to modify the

submitted plan and approve it. Not later than one hundred twenty (120) days after the approval of

a plan pursuant to this section, the council shall implement the mattress stewardship program.

      (f) It is the responsibility of the council to:

      (1) Notify the corporation director whenever there is a proposed substantial change to the

program. If the corporation director takes no action on a proposed substantial change within

ninety (90) days after notification of the proposed change, the proposed change shall be deemed

approved.

      For the purposes of this subdivision, "substantial change" shall include, but not be

limited to:

      (i) A change in the processing facilities to be used for discarded mattresses collected

pursuant to the program; or

      (ii) A material change to the system for collecting mattresses.

      (2) Not later than October 1, 2017, the council shall submit to the corporation director

for review updated performance goals that are based on the experience of the program during the

first two (2) years of the program.

      (g) The council shall notify the corporation director of any other changes to the program

on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation

LC001894/SUB A - Page 5 of 8

director for approval. Such changes shall include, but not be limited to, a change in the

composition, officers or contact information of the council.

      (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall

propose a uniform fee for all mattresses sold in this state. The council may propose a change to

the uniform fee more frequently than once every two (2) years if the council determines such

change is needed to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by

an independent auditor to assure that such assessment does not exceed the costs of the mattress

stewardship program described in subsection (b) of this section and to maintain financial reserves

sufficient to operate the program over a multi-year period in a fiscally prudent and responsible

manner. Not later than sixty (60) days after the council proposes a mattress stewardship fee, the

auditor shall render an opinion to the corporation director as to whether the proposed mattress

stewardship fee is reasonable to achieve the goals set forth in this section. If the auditor concludes

that the mattress stewardship fee is reasonable, then the proposed fee shall go into effect not less

than ninety (90) days after the auditor notifies the corporation director that the fee is reasonable.

If the auditor concludes that the mattress stewardship fee is not reasonable, the auditor shall

provide the council with written notice explaining the auditor's opinion. Not later than fourteen

(14) days after the council's receipt of the auditor's opinion, the council may either propose a new

mattress stewardship fee or provide written comments on the auditor's opinion. If the auditor

concludes that the fee is not reasonable, the corporation director shall decide, based on the

auditor's opinion and any comments provided by the council, whether to approve the proposed

mattress stewardship fee. Such auditor shall be selected by the council. The cost of any work

performed by such auditor pursuant to the provisions of the subsection and paragraph (i) of this

section shall be funded by the council.

      (i) (A) On and after the implementation of the mattress stewardship program, the fee,

established pursuant to subsection (b) of this section, and described in subsection (h) of this

section, shall be added to the cost of all mattresses sold to retailers and distributors in this state by

each producer. On and after such implementation date, each retailer or distributor, as applicable,

each retailer shall add the amount of such the fee established pursuant to subsection (b) of this

section and described in subsection (h) of this section to the purchase price of all mattresses sold

in this state. The fee shall be remitted by the retailer to the council. The council may, subject to

the corporation director's approval, establish an alternative, practicable means of collecting or

remitting such fee.

      (B) On and after the implementation date of the mattress stewardship program, no

producer, distributor or retailer shall sell or offer for sale a mattress to any person in the state if

LC001894/SUB A - Page 6 of 8

the producer is not a member of the council.

      (C) No retailer or distributor shall be found to be in violation of the provisions of this

section, if, on the date the mattress was ordered from the producer or its agent, the producer of

said mattress was listed on the corporation's website in accordance with the provisions of this

chapter.

      (j) Not later than October 1, 2016 an annually thereafter, the council shall submit an

annual report to the corporation director. The corporation director shall post such annual report on

the corporation's website. Such report shall include, but not be limited to

      (1) The weight of mattresses collected pursuant to the program from:

      (i) Municipal and/or transfer stations;

      (ii) Retailers; and

      (iii) All other covered entities;

      (2) The weight of mattresses diverted for recycling;

      (3) Identification of the mattress recycling facilities to which mattresses were delivered

for recycling;

      (4) The weight of discarded mattresses recycled, as indicated by the weight of each of

the commodities sold to secondary markets;

      (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:

      (i) Rhode Island resource recovery corporation; and

      (ii) Any other facilities;

      (6) Samples of public education materials and methods used to support the program;

      (7) A description of efforts undertaken and evaluation of the methods used to

disseminate such materials;

      (8) Updated performance goals and an evaluation of the effectiveness of the methods and

processes used to achieve performance goals of the program; and

      (9) Recommendations for any changes to the program.

      (k) Two (2) years after the implementation of the program and upon the request of the

corporation director but not more frequently than once a year, the council shall cause an audit of

the program to be conducted by the auditor describe in subsection (h) of this section. Such audit

shall review the accuracy of the council's data concerning the program and provide any other

information requested by the corporation director. Such audit shall be paid for by the council. The

council shall maintain all records relating to the program for not less than three (3) years.

      (l) No covered entity that participates in the program shall charge for receipt of

mattresses generated in the state. Covered entities may charge a fee for providing the service of

LC001894/SUB A - Page 7 of 8

collecting mattresses and may restrict the acceptance of mattresses by number, source or physical

condition.

      (m) Covered entities that, upon the date of this act's passage, have an existing program

for recycling discarded mattresses may continue to operate such program without coordination of

the council, so long as the entities are able to demonstrate, in writing, to the corporation director

that the facilities to which discarded mattresses are delivered are engaged in the business of

recycling said mattresses and the corporation director approves the written affirmation that the

facility engages in mattress recycling of mattresses received by the covered entity. A copy of the

written affirmation and the corporation's approval shall be provided to the council by the

corporation director in a timely manner.

     SECTION 2. This act shall take effect upon passage.

========

LC001894/SUB A

========

LC001894/SUB A - Page 8 of 8

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - RESPONSIBLE RECYCLING, REUSE, AND

DISPOSAL OF MATTRESSES

***

     This act clarifies the definition of "mattress" in the "Responsible Recycling, Reuse, and

Disposal of Mattresses chapter".

     This act would take effect upon passage.

========

LC001894/SUB A

========

LC001894/SUB A - Page 9 of 8