2019 -- S 0787

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LC002358

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

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

DISPOSAL OF MATTRESSES

     

     Introduced By: Senators DiPalma, Seveney, Coyne, Valverde, and Euer

     Date Introduced: April 04, 2019

     Referred To: Senate Judiciary

     (Lieutenant Governor)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-90-5 of the General Laws in Chapter 23-90 entitled

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"Responsible Recycling, Reuse and Disposal of Mattresses" is hereby amended to read as

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follows:

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     23-90-5. Mattress stewardship plan.

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     (a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress

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stewardship plan for the establishment of a mattress stewardship program to the corporation

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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 35 of title 42

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on the 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 shall

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

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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 subdivisions (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 limited

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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 for

 

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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 ensure 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. Copies of all documents

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related to the auditor's evaluation and opinion, along with the financial information provided by

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the council, shall be filed with the corporation and considered public documents pursuant to

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chapter 2 of title 38 ("access to public records"). Not later than fourteen (14) days after the

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council's receipt of the auditor's opinion, the council may either propose a new mattress

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

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that the fee is not reasonable, the corporation director shall decide, based on the auditor's opinion

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and any comments provided by the council, whether to approve the proposed mattress

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

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such auditor pursuant to the provisions of this subsection and subsection (i) of this section shall

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be funded by the council.

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

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shall add the amount of the fee established pursuant to subsection (b) of this section and described

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in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee

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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.

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     (2) 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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     (3) 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, and 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 the

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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 disseminate

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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 described 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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LC002358

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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 would provide that documents related to an audit of mattress stewardship fees

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are considered public records under the access to public records act.

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     This act would take effect upon passage.

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