2015 -- S 0539 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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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:

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

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

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as follows:

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

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context clearly requires otherwise, have the following meanings:

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

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producer of such mattress.

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

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

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

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

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

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discarded mattress.

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

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

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

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Recovery Corporation.

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

 

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

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

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implement the mattress stewardship plan as described in this chapter.

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

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discarded or that is abandoned.

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

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

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derived from such solid waste materials.

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

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

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

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

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

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

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

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or renovated mattress.

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     "Mattress" does not include any of the following:

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

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

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     (ii) A sleeping bag, pillow,;

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

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

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

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

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

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core,; and

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

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

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

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

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

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

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90-5.

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

 

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

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

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

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

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the corporation director.

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

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

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

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

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

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

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

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

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"Producer" includes:

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

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

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

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

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in the United States;

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

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

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

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for energy recovery or energy generation by means of combustion.

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

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

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

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

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

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

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

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

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

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reselling such mattresses in a retail store.

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

 

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

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sales outlets, catalogs or the Internet.

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

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disease-causing pathogens.

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

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

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

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

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using a process approved by the department of business regulation.

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

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

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outermost layer of fabric or material of a mattress.

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

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the core of a mattress.

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

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

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

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

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stewardship program to the corporation director for approval.

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

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technologically feasible and economically practical:

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

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

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

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

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

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not require a solid waste management facilities license;

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

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

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

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

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

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stewardship program in coordination with the corporation director and municipalities.

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

 

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the corporation shall make a determination whether to:

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      (1) Approve the plan as submitted; or

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      (2) Deny the plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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approved.

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

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limited to:

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

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pursuant to the program; or

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

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

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

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first two (2) years of the program.

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

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

 

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

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composition, officers or contact information of the council.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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section shall be funded by the council.

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

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

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

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

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

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

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

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

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remitting such fee.

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

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

 

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the producer is not a member of the council.

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

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

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

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chapter.

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

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

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

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

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      (i) Municipal and/or transfer stations;

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      (ii) Retailers; and

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      (iii) All other covered entities;

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      (2) The weight of mattresses diverted for recycling;

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

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for recycling;

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

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the commodities sold to secondary markets;

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

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      (i) Rhode Island resource recovery corporation; and

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      (ii) Any other facilities;

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

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

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disseminate such materials;

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

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processes used to achieve performance goals of the program; and

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      (9) Recommendations for any changes to the program.

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

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

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

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

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

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

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

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

 

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

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condition.

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

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

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

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

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

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

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

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corporation director in a timely manner.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

DISPOSAL OF MATTRESSES

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

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Disposal of Mattresses chapter".

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     This act would take effect upon passage.

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