2017 -- H 5387

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LC001107

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY - RESPONSIBLE RECYCLING, REUSE AND

DISPOSAL OF MATTRESSES

     Introduced By: Representatives Fellela, Serpa, Messier, Canario, and Winfield

     Date Introduced: February 03, 2017

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-90-4 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:

     23-90-4. Mattress stewardship council established.

     (a) On or before July 1, 2015, each producer shall join the council and such council shall

submit a plan, for the corporation director's approval, to establish a state-wide mattress

stewardship program, as described in this section. Any retailer may be a member of such council.

Such mattress stewardship program shall, to the extent it is technologically feasible and

economically practical:

     (1) Minimize public sector involvement in the management of discarded mattresses;

     (2) Provide for the convenient and accessible state-wide collection of discarded

mattresses from any person in the state with a discarded mattress that was discarded in the state,

including from participating covered entities that accumulated and segregated a minimum of fifty

(50) discarded mattresses for collection at one time, or a minimum of thirty (30) discarded

mattresses for collection at one time in the case of participating municipal transfer stations;

     (3) Provide for council-financed recycling and disposal of discarded mattresses;

     (4) Provide suitable storage containers at permitted municipal transfer stations, municipal

government property or other solid waste management facilities for segregated, discarded

mattresses, or make other mutually agreeable storage and transportation agreements at no cost to

such municipality provided the municipal transfer station, municipal government property or

other solid waste management facilities make space available for such purpose and imposes no

fee for placement of such storage container on its premises;

     (5) Include a uniform mattress stewardship fee that is sufficient to cover the costs of

operating and administering the program; and

     (6) Establish a financial incentive that provides for the payment of a monetary sum,

established by the council, to promote the recovery of mattresses.

     (b) The council shall be a nonprofit organization with a fee structure that covers, but does

not exceed, the costs of developing the plan and operating and administering the program in

accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to

operate the program over a multi-year period of time in a fiscally prudent and responsible

manner. The council shall maintain all records relating to the program for a period of not less than

three (3) years.

     (c) Pursuant to the program, recycling shall be preferred over any other disposal method

to the extent that recycling is technologically feasible and economically practical.

     (d) The council shall enter into an agreement with the corporation to reimburse for

reasonable costs directly related to administering the program but not to exceed the cost of two

(2) full time equivalent employees.

     (e) No fee shall be charged to any Rhode Island resident or business operating in the state

of Rhode Island for the collection, transportation, storage or recycling of any mattress after

January 1, 2018.

     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;

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     (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,

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 35 of title 42

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 subdivisions (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

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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

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 ensure 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 this subsection and subsection (i) of this

section shall be funded by the council.

     (i) (1) On and after the implementation of the mattress stewardship program, each retailer

shall add the amount of 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

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director's approval, establish an alternative, practicable means of collecting or remitting such fee.

     (2) 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

the producer is not a member of the council.

     (3) 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, and 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 described 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

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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

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.

     (n) No fee shall be charged to any Rhode Island resident or business operating in the state

of Rhode Island for the collection, transportation, storage or recycling of any mattress after

January 1, 2018.

     SECTION 2. This act shall take effect upon passage.

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LC001107

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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

***

     This act would abolish fees imposed upon Rhode Island residents and businesses

operating within the state for the collection, transportation, storage or recycling of any mattress

after January 1, 2018.

     This act would take effect upon passage.

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LC001107

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