A06436 Summary:

COSPNSRColton, Otis, Rosenthal L, Epstein
Add Art 27 Title 34 §§27-3401 - 27-3415, amd §71-1701, En Con L
Enacts a mattress collection program; requires mattress producers to establish a plan for the convenient and cost-effective recycling of used mattresses.
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A06436 Actions:

04/06/2023referred to environmental conservation
01/03/2024referred to environmental conservation
05/16/2024amend and recommit to environmental conservation
05/16/2024print number 6436a
05/21/2024reported referred to codes
05/28/2024reported referred to ways and means
05/30/2024amend (t) and recommit to ways and means
05/30/2024print number 6436b
06/03/2024reported referred to rules
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A06436 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Glick DATE:05/21/2024AYE/NAY:28/0 Action: Favorable refer to committee Codes

CODES Chair:Dinowitz DATE:05/28/2024AYE/NAY:21/0 Action: Favorable refer to committee Ways and Means

WAYS AND MEANS Chair:Weinstein DATE:06/03/2024AYE/NAY:24/10 Action: Favorable refer to committee Rules
Bichotte HermelAye

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A06436 Floor Votes:

There are no votes for this bill in this legislative session.
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A06436 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      April 6, 2023
        Introduced  by  M. of A. PAULIN, COLTON, OTIS, L. ROSENTHAL -- read once
          and referred to the Committee on Environmental Conservation --  recom-
          mitted  to  the  Committee on Environmental Conservation in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          reported and referred to  the  Committee  on  Codes  --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          establishing a mattress collection program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 34 to read as follows:
     3                                  TITLE 34
     4                         MATTRESS COLLECTION PROGRAM
     5  Section 27-3401. Definitions.
     6          27-3403. Producer plan.
     7          27-3405. Producer responsibilities.
     8          27-3407. Retailer responsibilities.
     9          27-3409. Department responsibilities.
    10          27-3411. Mattress collection program advisory board.
    11          27-3413. Enforcement and penalties.
    12          27-3415. Rules and regulations.
    13  § 27-3401. Definitions.
    14    As used in this title:
    15    1.  "Brand"  means  a  name, symbol, word, or mark that attributes the
    16  product to the owner or licensee of the brand as the producer.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6436--B                          2

     1    2. "Collection site" means a permanent location in the state at  which
     2  a consumer may discard mattresses.
     3    3. "Consumer" means a person located in the state who purchases, owns,
     4  leases,  or uses mattresses, including but not limited to an individual,
     5  a business,  corporation,  limited  partnership,  not-for-profit  corpo-
     6  ration, the state, a public corporation, public school, school district,
     7  private or parochial school or board of cooperative educational services
     8  or  governmental  entity, but does not include a retailer or person that
     9  acquires a mattress solely for purposes of recycling.
    10    4. "Discarded mattress" means a mattress that a consumer has used  and
    11  discarded in the state.
    12    5.  "Energy  recovery"  means the process by which all or a portion of
    13  solid waste materials are processed or combusted in order to utilize the
    14  heat content or other forms of energy  derived  from  such  solid  waste
    15  materials.
    16    6.  (a)  "Mattress"  means  any  resilient material, or combination of
    17  materials that is enclosed by ticking, used alone or in combination with
    18  other products, and that is intended for or promoted for sleeping  upon.
    19  Mattress includes any foundation and any used mattress. For the purposes
    20  of  this title, a "foundation" means a ticking-covered structure used to
    21  support  a  mattress  or  sleep  surface.  A  foundation   may   include
    22  constructed frames, foam, box springs, or other materials, used alone or
    23  in combination.
    24    (b) Mattress shall not include:
    25    (i)  an unattached mattress pad or mattress topper that is intended to
    26  be used with, or on top of a mattress;
    27    (ii) a crib or bassinet mattress or car bed;
    28    (iii) juvenile  products,  including:  a  carriage,  basket,  dressing
    29  table,  stroller,  playpen, infant carrier, lounge pad, crib bumper, and
    30  the pads for those juvenile products;
    31    (iv) a product containing liquid- and gaseous-filled ticking,  includ-
    32  ing a waterbed and air mattress that does not contain upholstery materi-
    33  al between the ticking and the mattress core; or
    34    (v) a fold-out sofa bed or futon.
    35    7. "Producer" means any person who manufactures or renovates mattress-
    36  es that are sold, offered for sale, or distributed to a consumer in this
    37  state. "Producer" includes:
    38    (a)  the owner of a trademark or brand under which a mattress is sold,
    39  offered for sale, or distributed in this  state,  whether  or  not  such
    40  trademark or brand is registered in the state; and
    41    (b) any person who imports a mattresses into the United States that is
    42  sold  or  offered  for  sale  in the state and that is manufactured by a
    43  person who does not have a presence in the United States.
    44    8. "Recycle" means to separate, dismantle or  process  the  materials,
    45  components  or  commodities  contained  in mattresses for the purpose of
    46  preparing the materials, components or commodities for use or  reuse  in
    47  new products or components. "Recycle" does not include:
    48    (a)  energy  recovery or energy generation by any means, including but
    49  not  limited  to,  combustion,  incineration,  pyrolysis,  gasification,
    50  solvolysis, or waste to fuel;
    51    (b) any chemical conversion process; or
    52    (c) landfill disposal.
    53    9. "Recycler" means a person that engages in recycling.
    54    10. "Recycling rate" means the percentage of discarded mattresses that
    55  is  managed through recycling or reuse, as defined by subdivisions eight
    56  and thirteen of this section, and is computed by dividing the amount  of

        A. 6436--B                          3
     1  discarded  mattresses  collected and recycled or reused by the estimated
     2  total amount of discarded mattresses generated over a program year.
     3    11.  "Representative organization" means a not-for-profit organization
     4  established by a  producer  or  group  of  producers  to  implement  the
     5  mattress collection program.
     6    12.  "Retailer"  means  any  person  who  sells  or  offers for sale a
     7  mattress to a consumer in the state.
     8    13. "Reuse" means donating or selling a discarded mattress  back  into
     9  the  market  for  its original intended use, when the discarded mattress
    10  retains its original performance characteristics and can be used for its
    11  original purpose.
    12    14. "Sale" or "sell" means a transfer  of  title  to  a  mattress  for
    13  consideration,  including a remote sale conducted through a sale outlet,
    14  catalog, website, by telephone  or  through  similar  electronic  means.
    15  "Sale"  or  "sell" includes a lease through which a mattress is provided
    16  to a consumer in the state by a producer or retailer.
    17    15. "Ticking" means the outermost layer of fabric or  materials  of  a
    18  mattress.  Ticking  does  not  include  any  layer of fabric or material
    19  quilted together with, or otherwise attached to the outermost  layer  of
    20  fabric or material of a mattress.
    21    16. "Upholstery material" means all material loose or attached between
    22  the ticking and the core of the mattress.
    23  § 27-3403. Producer plan.
    24    1.  No  later  than  December thirty-first, two thousand twenty-six, a
    25  producer, either individually or cooperatively with one or more  produc-
    26  ers, or a representative organization shall submit to the department for
    27  the  department's  approval  a  plan for the establishment of a mattress
    28  collection program that meets the collection requirements  described  in
    29  this section.
    30    2.  A producer may satisfy the mattress collection program requirement
    31  of this section by  agreeing  to  participate  collectively  with  other
    32  producers.  Any such collective mattress collection program shall notify
    33  the department.
    34    3. A producer or representative organization shall update the plan, as
    35  needed, when there are changes proposed to the current  program.  A  new
    36  plan or amendment will be required to be submitted to the department for
    37  approval when:
    38    (a) there is a revision of the program's goals; or
    39    (b) every three years from the date of approval of a previous plan.
    40    4.  The  plan submitted by the producer or representative organization
    41  to the department under this section shall, at a minimum, provide:
    42    (a) A list of each participating provider and brands  covered  by  the
    43  program;
    44    (b) Information on the products covered by the program;
    45    (c)  A  description of how the producer or representative organization
    46  will collect, transport, recycle, and process discarded mattresses;
    47    (d) (1) i. A description of how the producer or representative  organ-
    48  ization  shall provide for a convenient and cost-effective collection of
    49  discarded mattresses, which  may  include,  using  existing  public  and
    50  private  waste  collection  channels  and  collection sites in the state
    51  pursuant to voluntary agreements. Such description shall also include  a
    52  description  of  how the program will achieve within a reasonable period
    53  of time a minimum convenience goal which ensures that  all  counties  of
    54  the  state shall have at least one collection site, and within two years
    55  after the program approval, not less than seventy percent of the state's
    56  residents will live within a fifteen mile radius of a  collection  site,

        A. 6436--B                          4

     1  and  within three years after the program approval, not less than eighty
     2  percent of the state's residents will live within a fifteen mile  radius
     3  of a collection site.
     4    ii.  Provided, however, that with respect to a city or county having a
     5  population of one million or more, a convenience goal  shall  be  estab-
     6  lished  for  that city or county. In the case of a city, the convenience
     7  goal shall be proposed after consultation with the department of sanita-
     8  tion of such city. In the case of a county, the convenience  goal  shall
     9  be  proposed  after consultation with an agency designated by the county
    10  executive. Such proposed city and  county  convenience  goals  shall  be
    11  submitted  to  the  department,  which may approve, modify, or otherwise
    12  establish alternative convenience goals.
    13    (2) To meet these convenience goals, the  producer  or  representative
    14  organization shall:
    15    i.  Enter  into  voluntary agreements to establish collection sites at
    16  public and private solid waste facilities; transfer stations; landfills;
    17  recyclables handling and  recovery  facilities  that  are  permitted  or
    18  registered  with  the  department;  or  other  suitable  sites  for  the
    19  collection of discarded mattresses;
    20    ii. Provide mattress storage containers at no cost to a  participating
    21  collection site described in clause i of this subparagraph;
    22    iii.  Negotiate mutually agreed upon voluntary agreements with partic-
    23  ipating collection sites described in clause i of this subparagraph that
    24  provide  for  reasonable  compensation  for  the  actual   costs   these
    25  collection  sites  incur  to  handle,  store,  and  transport  discarded
    26  mattresses for recycling;
    27    iv. For collection sites as described in clause  i  of  this  subpara-
    28  graph,  and  other  entities  such as healthcare facilities, educational
    29  facilities, military facilities, junk haulers, hotels  and  motels  that
    30  provide  transient  lodging,  and  other  facilities  that  periodically
    31  replace mattresses that they own or use, and who have collected at least
    32  one hundred recyclable mattresses for recycling, provide at its  expense
    33  an appropriate storage container, transportation from a collection point
    34  to a recycler, and services to recycle the mattresses; and
    35    v.  Enter  into  voluntary  agreements  with retailers that pick up or
    36  accept mattresses from consumers upon the purchase of a new mattress for
    37  recycling;
    38    (e) The names and locations of  collection  sites,  transporters,  and
    39  recyclers  who  will manage discarded mattresses delivered to collection
    40  sites at the time of plan submission;
    41    (f) A description of how the discarded mattresses will be  safely  and
    42  securely transported, tracked, and handled from collection sites through
    43  final recycling and processing;
    44    (g)  A  description  of  the  methods  to  be used to reuse or recycle
    45  discarded mattresses to ensure that the components, to the extent feasi-
    46  ble, are transformed or remanufactured into finished products for use;
    47    (h) A description of the methods to be used to manage  or  dispose  of
    48  discarded mattresses that cannot be recycled or reused;
    49    (i)  A  detailed description of the outreach and educational materials
    50  that must be provided to consumers,  retailers,  collection  sites,  and
    51  transporters  of  discarded  mattresses,  and  how such outreach will be
    52  evaluated for effectiveness;
    53    (j) A description of how the  program  will  meet  annual  performance
    54  goals,  including  collection, recycling, and reuse rates, as determined
    55  by the department through rules and  regulations,  provided  that  at  a
    56  minimum, the program shall achieve the following recycling rates:

        A. 6436--B                          5
     1    (i)  a forty percent recycling rate of mattresses by three years after
     2  the plan is approved by the department pursuant to  section  27-3409  of
     3  this title;
     4    (ii)  a fifty-five percent recycling rate of mattresses by seven years
     5  after the plan is approved by the department pursuant to section 27-3409
     6  of this title;
     7    (iii) a seventy percent recycling rate  of  mattresses  by  ten  years
     8  after the plan is approved by the department pursuant to section 27-3409
     9  of this title;
    10    (k)  A description of what, if any, incentives will be used to encour-
    11  age retailer participation;
    12    (l) A description of the outreach and education methods that  will  be
    13  used to encourage municipal landfill and transfer station participation;
    14  and
    15    (m)  any other information required by the department to implement the
    16  program.
    17  § 27-3405. Producer responsibilities.
    18    1. Beginning six months after the plan is approved  under  subdivision
    19  four  of  section  27-3409 of this title, the producer or representative
    20  organization shall implement the mattress collection  program  utilizing
    21  collection  sites  pursuant  to  paragraph  (d)  of  subdivision four of
    22  section 27-3403 of this title.
    23    2. A producer shall not sell, or offer for sale,  a  mattress  to  any
    24  person in the state unless the producer is implementing or participating
    25  under an approved plan.
    26    3.  The program shall be free to the consumer, convenient and adequate
    27  to serve the needs of consumers in all areas of the state on an  ongoing
    28  basis.
    29    4.  A  producer  or representative organization shall maintain records
    30  demonstrating compliance with the provisions of this title and make them
    31  available for audit and inspection by the department  for  a  period  of
    32  three  years.  The department shall make such audit records available to
    33  the public upon request in accordance with the provisions of  the  state
    34  freedom  of  information law and the regulations promulgated thereunder,
    35  provided that confidential or  business  proprietary  records  shall  be
    36  exempt  from  this  provision.   Record holders shall submit the records
    37  required to comply with the request within sixty working days of written
    38  notification by the department of receipt of the request.
    39    5. A producer or representative organization shall be responsible  for
    40  all  costs associated with the implementation of the mattress collection
    41  program. A producer  or  representative  organization  shall  pay  costs
    42  incurred  by  the  state  in  the administration and enforcement of this
    43  title.  Exclusive of fines and penalties, the state shall  only  recover
    44  its actual direct cost of administration and enforcement.
    45    6.  Any  person  who  becomes  a producer on or after December thirty-
    46  first, two thousand twenty-six shall submit a plan to the department, or
    47  notify the department that it has joined  an  existing  plan,  prior  to
    48  selling or offering for sale in the state any mattress, and shall comply
    49  with the requirements of this title.
    50    7. Within eighteen months following approval of the producer plan, and
    51  annually  thereafter,  a  producer  or representative organization shall
    52  submit a report to  the  department  that  includes,  for  the  previous
    53  program  calendar  year, a description of the program including, but not
    54  limited to the following:
    55    (a) a detailed description of the methods used to collect,  transport,
    56  and  process  discarded  mattresses  in  the  state, including detailing

        A. 6436--B                          6
     1  collection methods made available to consumers and an evaluation of  the
     2  program's collection convenience;
     3    (b) identification of all collection sites in the state;
     4    (c)  the estimated weight of all discarded mattresses collected, recy-
     5  cled, or reused pursuant to the mattress collection program;
     6    (d) an evaluation of whether the performance goals and recycling rates
     7  have been achieved;
     8    (e) the estimated weight of discarded  mattresses  and  any  component
     9  materials  that  were  collected pursuant to the collection program, but
    10  not recycled;
    11    (f) the total cost of implementing the program;
    12    (g) samples of all educational materials provided to consumers  and  a
    13  detailed  list  of  efforts  undertaken and an evaluation of the methods
    14  used to disseminate such materials including  recommendations,  if  any,
    15  for how the educational component of the program can be improved; and
    16    (h)  any other information required by the department that is relevant
    17  to the requirements of this title.
    18    8. Each producer or representative organization shall submit an annual
    19  report to the department as provided for in subdivision  seven  of  this
    20  section  that  assesses  compliance with performance goals and describes
    21  any modifications necessary to achieve such goals.
    22    9. (a) A producer or representative organization shall not  be  liable
    23  for any claim of a violation of antitrust, restraint of trade, or unfair
    24  trade  practice  arising from an action undertaken, in accordance with a
    25  mattress collection  program  approved  by  the  department,  solely  to
    26  increase  the  collection and recycling of mattresses, which affects the
    27  types and quantities being collected and recycled or the cost and struc-
    28  ture of such collection program  that  the  producer  or  representative
    29  organization is participating in pursuant to this title.
    30    (b)  Provided,  however,  paragraph  (a) of this subdivision shall not
    31  apply to any agreement establishing or affecting the price or output  of
    32  mattresses  or  restricting  the  geographic  area or customers to which
    33  mattresses will be sold.
    34  § 27-3407. Retailer responsibilities.
    35    1. Beginning December  thirty-first,  two  thousand  twenty-seven,  no
    36  retailer  may sell or offer for sale mattresses in this state unless the
    37  producer of such mattresses is participating in  a  mattress  collection
    38  program.  A retailer shall be in compliance with this section if, on the
    39  date the mattresses were ordered from the producer  or  its  agent,  the
    40  producer  was  listed  on  the  department's  website as implementing or
    41  participating in an approved program.
    42    2. Any retailer may participate, on a voluntary basis, as a designated
    43  collection site pursuant to a mattress collection program and in accord-
    44  ance with all applicable laws and regulations.
    45  § 27-3409. Department responsibilities.
    46    1. The department shall maintain a list of producers, including a list
    47  of such producers' brands, who  are  participating  under  a  department
    48  approved plan and post such list on the department's website.
    49    2.  The  department  shall  post  on  its  website the location of all
    50  collection sites identified to the department by  the  producer  in  its
    51  annual reports.
    52    3.  The  department  shall  post  on  its  website  each producer plan
    53  approved by the department.
    54    4. Within ninety days after receipt of a proposed plan or plan  amend-
    55  ment, the department shall approve or reject such plan or plan amendment
    56  based  on  whether  such  proposed plan or plan amendment satisfactorily

        A. 6436--B                          7
     1  meets the requirements of subdivision four of section  27-3403  of  this
     2  title.  If  the plan or plan amendment is approved, the department shall
     3  notify the producer or representative organization in writing.   If  the
     4  department  rejects  the  plan  or  plan amendment, the department shall
     5  notify the producer or representative organization  in  writing  stating
     6  the  reason  for  rejecting  the  plan  or plan amendment. A producer or
     7  representative organization  whose  plan  is  rejected  shall  submit  a
     8  revised  plan to the department within thirty days of receiving a notice
     9  of rejection. If the producer or representative  organization  fails  to
    10  submit  a  plan that is acceptable to the department because it does not
    11  meet the requirements of subdivision four of  section  27-3403  of  this
    12  title,  the  department shall modify a submitted plan to make it conform
    13  to the requirements of such subdivision and approve it.
    14    5. The department shall submit a report regarding  the  implementation
    15  of  this  title  in  this state to the governor and legislature by April
    16  first, two thousand twenty-eight and every  two  years  thereafter.  The
    17  report shall include, at a minimum, an evaluation of:
    18    (a) The stream of mattresses in the state;
    19    (b) Disposal, recycling, and reuse rates in the state of mattresses;
    20    (c) A discussion of compliance and enforcement related to the require-
    21  ments of this title; and
    22    (d) Recommendations for any changes to this title.
    23  § 27-3411. Mattress collection program advisory board.
    24    1.  There  is  hereby  established  within  the  department a mattress
    25  collection program advisory board to make recommendations to the commis-
    26  sioner regarding producer plans required by this title.
    27    2. The board shall be composed of twelve voting members. Such  members
    28  shall include:
    29    (a) One representative of mattress producers;
    30    (b) Two representatives of mattress retailers;
    31    (c) One representative of mattress recyclers;
    32    (d) Two representatives of mattress collectors;
    33    (e) One representative of a company that utilizes discarded mattresses
    34  to manufacture a new product;
    35    (f) One representative from a statewide environmental organization;
    36    (g) One representative from a statewide waste disposal association;
    37    (h) One representative from the New York product stewardship council;
    38    (i) One representative from a consumer organization; and
    39    (j) One representative from a statewide recycling organization.
    40    3. The members shall be appointed as follows:
    41    (a)  Two  members  to  be  appointed by the temporary president of the
    42  senate;
    43    (b) Two members to be appointed by the speaker of the assembly;
    44    (c) One member to be appointed by the minority leader of the senate;
    45    (d) One member to be appointed by the minority leader of the assembly;
    46  and
    47    (e) Six members to be appointed by the governor.
    48    4. Such appointments shall be made no later than sixty days  following
    49  the date on which this title takes effect. The members shall designate a
    50  chair  from  among  the  members  by  majority vote. Board members shall
    51  receive no compensation but shall be entitled  to  their  necessary  and
    52  actual expenses incurred in the performance of their board duties.
    53    5. The board shall meet at least annually by call of the chair.
    54  § 27-3413. Enforcement and penalties.
    55    Any  producer,  representative  organization, or retailer who violates
    56  any provision of or who fails to perform any duty  imposed  pursuant  to

        A. 6436--B                          8
     1  this  title  shall  be  liable  for  a  civil penalty not to exceed five
     2  hundred dollars for each violation and an additional penalty of not more
     3  than five hundred dollars for  each  day  during  which  such  violation
     4  continues.   Civil penalties under this section shall be assessed by the
     5  department after a hearing or opportunity to be heard  pursuant  to  the
     6  provisions of section 71-1709 of this chapter.
     7  § 27-3415. Rules and regulations.
     8    The  department is hereby authorized to promulgate any rules and regu-
     9  lations necessary to implement this title.
    10    § 2. Section 71-1701 of the environmental conservation law is  amended
    11  to read as follows:
    12  § 71-1701. Applicability of this title.
    13    This  title shall be applicable to the enforcement of titles 1 through
    14  11 and titles 15 through 19 of  article  17;  article  19;  and  [title]
    15  titles 1 and 34 of article 27  of this chapter.
    16    § 3. Section 71-1701 of the environmental conservation law, as amended
    17  by chapter 795 of the laws of 2022, is amended to read as follows:
    18   § 71-1701. Applicability of this title.
    19    This  title shall be applicable to the enforcement of titles 1 through
    20  11 and titles 15 through 19 of article 17;  article  19;  and  titles  1
    21  [and], 33 and 34 of article 27 of this chapter.
    22    §  4.  This  act shall take effect immediately; provided, however, the
    23  amendments to section 71-1701 of the environmental conservation law made
    24  by section three of this act shall take effect on the same date  and  in
    25  the  same  manner as section 2 of chapter 795 of the laws of 2022, takes
    26  effect.
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