Chapter 281
2013 -- H 5799 SUBSTITUTE A
Enacted 07/15/13
A N A C T
RELATING TO
HEALTH AND SAFETY
Introduced By: Representatives Handy, Tanzi, Walsh, Ruggiero, and Almeida
Date Introduced: February 28, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled
"HEALTH AND SAFETY" is hereby
amended by adding thereto the following chapter:
CHAPTER
90
RESPONSIBLE
RECYCLING, REUSE AND DISPOSAL OF MATTRESSES
23-90-1.
Purpose. – The purposes of this chapter are:
(1) To establish a
system for the collection, recycling, and reuse for discarded mattresses
in
(2) To develop a
comprehensive strategy, with the participation of state agencies,
producers, retailers, and consumers for waste prevention and reduction
of discarded mattresses in
the state, which addresses the collection, recycling and
reuse of mattresses in a safe and
environmentally sound manner;
(3) To promote the
development of infrastructure for the reuse and recycling of discarded
mattresses;
(4) To minimize costs
incurred by
recycle mattresses discarded by residents; and
(5) To eliminate
waste generated in the state from the disposal of discarded mattresses
from landfill and other forms of disposal.
23-90-2.
Findings. – The general assembly hereby finds
and declares that:
(1) It is in the best
interest of this state for providers of mattresses sold in
take responsibility for reducing the environmental and
financial impacts of a mattress over its life
cycle, from design to management after the end of a
mattress's useful life;
(2) It is in the best
interest of this state to reduce illegal dumping of discarded mattresses
and determine a process for minimizing costs incurred by
management of discarded mattresses; and
(3) It is in the best
interest of this state for producers to develop a statewide product
stewardship system that serves urban and rural areas in
convenient opportunities for the collection, transportation,
recovery and safe management of
discarded products.
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
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
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. "Mattress" does not
include any mattress pad, mattress topper, sleeping bag,
pillow, crib mattress, car bed, carriage,
basket, dressing table, stroller, playpen, infant carrier,
lounge pad, crib bumper, liquid and
gaseous filled ticking including any water bed and air
mattress that does not contain upholstery
material between the ticking and the mattress core, and
upholstered furniture that does not
otherwise contain a detachable mattress.
(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 section
23-88-5.
(13) "Mattress
stewardship fee" means the amount added to the purchase price of a
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 section 23-88-5 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
sale in this state and that is manufactured or renovated
by a person who does not have a presence
in the
(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
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) "
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.
23-90-4. 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.
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,
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
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. 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,
shall add the amount of such fee to the purchase price of
all mattresses sold in this state. 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
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)
(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
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.
23-90-6.
Responsibilities of the
The corporation shall review for approval the mattress
stewardship plan of the council.
(b) The corporation
shall maintain on its website information on collection opportunities
for mattresses, including collection site locations. The
information must be made available in a
printable format for retailers and consumers.
(c) Not later than
the implementation date of the mattress stewardship program, the
corporation shall list the names of participating producers
covered by the program and the cost of
the approved mattress stewardship fee on its website.
(d) The corporation
shall approve the mattress stewardship fee to be applied by the
council to mattresses pursuant to this chapter.
(e) Pursuant to
section 23-88-11, the corporation shall report biennially to the general
assembly on the operation of the statewide system for collection,
transportation and recycling of
mattresses.
23-90-7.
Regulations. – The corporation is hereby
authorized to promulgate additional
rules and regulations pursuant to the administrative
procedures act, chapter 42-35, to implement
the provisions of this chapter.
23-90-8.
Immunity. – Each producer, retailer and the
council shall be immune from
liability for any claim of a violation of antitrust law, to the
extent such producer or council is
exercising authority pursuant to the provisions of this chapter,
including but not limited to:
(1) The creation,
implementation or management of a plan pursuant to section 23-88-5 of
this chapter, and the types or quantities of used
mattresses recycled or otherwise managed
pursuant to a plan;
(2) The cost and
structure of a plan; and
(3) The
establishment, administration, collection or disbursement of the mattress
stewardship fee associated with funding the implementation of the
plan.
23-90-9.
Violations. – A violation of any of the
provisions of this chapter or any rule or
regulation promulgated pursuant to section 23-88-7 shall be
punishable by a civil penalty not to
exceed one thousand dollars ($1,000). In the case of a
second and any subsequent violation, the
civil penalty shall not exceed five thousand dollars
($5,000) for each violation.
23-90-10.
Collaboration. – In the event that another
state implements a mattress
recycling program, the council may collaborate with such state
to conserve efforts and resources
used in carrying out the mattress stewardship program,
provided such collaboration is consistent
with the requirements of this chapter.
23-90-11. Report to the General Assembly. – Not later than
three (3) years after the
approval of the plan pursuant to section 23-88-5 of this
chapter, the corporation director shall
submit a report to the general assembly. Such report shall
provide an evaluation of the mattress
stewardship program.
SECTION 2. This act shall take effect upon passage.
=======
LC01565/SUB A
=======