Add Art 27 Title 34 §§27-3401 - 27-3417, 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6436
SPONSOR: Paulin TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing a mattress collection program
PURPOSE:
to establish a mattress collection program in the state of New York.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of this bill amends the environmental conservation law to
add a new title 34 that would create a statewide mattress collection
program
-Section 27-3401 sets forth definitions
-Section 27-3403 details the requirements for each program plan, includ-
ing timelines for plan submission, names and locations of collection
sites, and descriptions of covered products in the program, educational
and outreach materials, and how the program will meet annual performance
goals.
-Section 27-3405 provides that all producers, either individually. or
collectively, must implement a mattress collection program that is free
to the consumer and serves the needs of consumers in all areas of the.
state. A producer or producers must maintain records demonstrating their
compliance with this title. Any person who becomes a producer must
submit their own mattress collection program plan to the department or
join an existing plan prior to selling any covered product in the state.
Producers must submit an annual report to the department that follows
the minimum standards set forth in this section.
-Section 27-3407 sets forth responsibilities for retailers, distribu-
tors, and wholesalers. Beginning after approval of the plan by the
department, no retailer, distributor, or wholesaler may sell covered
products in the state unless the producer of such products participates
in a mattress collection program. Each retailer shall include in the
price of any mattress sold to a consumer in the state the program
assessment in the approved plan and no retailer shall deduct this
assessment from the purchase price. Retailers shall remit the program
assessments they collect to the producer or representative organization.
-Section 27-3409 details the responsibilities of the department, includ-
ing but not limited to, maintaining a list of producers, retailers,
distributors, and wholesalers who are in compliance with this title as
well as a list of collection sites on the department's website. This
section also details the department's timeline for approving and/or
rejecting program plan submissions
-Section 27-3411 establishes a mattress collection program advisory
board composed of 12 voting members that represent mattress producers,
retailers, recyclers, collectors, consumers, waste disposal organiza-
tion, and environmental organizations.
-Section 27-3413 provides that in the event another state implements a
mattress recycling program, the producers or representative organization
may collaborate with such state to conserve efforts and resources used
in carrying out the mattress collection program, provided such collab-
oration is consistent with the requirements of this title.
-Section 27-3415 relates to enforcement and penalties and states that
any producer who is found to not have made a good faith effort to comply
with any provision of or fails to perform any duty imposed pursuant to
this title shall be liable for a civil penalty not to exceed five
hundred dollars for each violation and an additional ' penalty of not
more than five hundred dollars for each day during which such violation
continues.
-Section 27-3417 states the department is authorized to promulgate any
rules and regulations necessary to implement this title.
Section two and three of the bill amend section 71-1701 of the environ-
mental conservation law to add title 34.
Section four of the bill provides the effective date.
JUSTIFICATION:
In 2021, the United Nations published a landmark report on climate
change that depicted a dismal future if we do not take all near and
long-term steps to limit global warming. One step we can take is waste
reduction through product stewardship programs, also known as extended
producer responsibility (EPR) programs.
EPR legislation works by having the manufacturers of a product, either
individually or collectively, create a program which provides for the
statewide collection, transportation, and recycling of the covered prod-
uct. The producers are also responsible for educating residents and
local governments and publicizing the program throughout the state. By
shifting these responsibilities from local governments to producers, EPR
legislation incentivizes manufacturers to maximize a products' recycla-
bility upfront. This bill would establish an EPR program exclusively for
mattresses.
The most environmentally beneficial way to dispose of mattresses is to
recycle them. In New York State alone it is estimated that over 1
million mattresses a year are discarded. A typical mattress contains 23
cubic feet of steel, wood, cotton and foam. These materials can be recy-
cled into new products such as steel building materials, industrial
filters, carpet padding, clothing, and wood chips.
EPR mattress programs are currently in place in Connecticut (launched in
2015), California (launched in 2015) and Rhode Island (launched in 2016)
and have seen great success. In 2022, Oregon became the fourth state in
the nation to pass legislation creating a statewide mattress recycling
program. Since these programs started over 12 million mattresses have
been collected through the end of 2022, resulting in over 300 million
pounds of materials being diverted from landfills and incineration. Like
all EPR programs, mattress EPR legislation would usher in a greatly
improved system for increased recycling, that is needed to address
climate change.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
