2013 -- S 0261

=======

LC01103

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Senators Ruggerio, Sosnowski, Lombardo, Walaska, and Cool Rumsey

     Date Introduced: February 12, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

1-2

amended by adding thereto the following chapter:

1-3

     CHAPTER 88

1-4

RESPONSIBLE RECYCLING, REUSE AND DISPOSAL OF MATTRESSES

1-5

     23-88-1. Purpose. – The purposes of this chapter are:

1-6

     (1) To establish a manufacturer financed system for the collection, recycling, and reuse

1-7

for discarded mattresses in Rhode Island.

1-8

     (2) To develop a comprehensive strategy, with the participation of state agencies,

1-9

producers, retailers, and consumers for waste prevention and reduction of discarded mattresses in

1-10

the state, which addresses the collection, recycling and reuse of mattresses in a safe and

1-11

environmentally sound manner;

1-12

     (3) To promote the development of infrastructure for the reuse and recycling of discarded

1-13

mattresses;

1-14

     (4) To minimize costs incurred by Rhode Island municipalities to collect, dispose of, or

1-15

recycle mattresses discarded by residents;

1-16

     (5) To eliminate waste generated in the state from the disposal of discarded mattresses

1-17

from landfill and other forms of disposal; and

1-18

     (6) To encourage the design of products that are less toxic, more durable and more

1-19

recyclable.

2-20

     23-88-2. Findings. – The general assembly hereby finds and declares that:

2-21

     (1) It is in the best interest of this state for providers of mattresses sold in Rhode Island to

2-22

take responsibility for reducing the environmental and health impacts of a mattress over its life

2-23

cycle, from design to management after the end of a mattress’s useful life;

2-24

     (2) It is in the best interest of this state to determine a process for minimizing costs

2-25

incurred by Rhode Island’s cities and towns for the management of discarded mattresses.

2-26

     (3) It is in the best interest of this state to institute a mattress stewardship system to

2-27

encourage the design and manufacture of mattresses that are more resource-efficient, more

2-28

recyclable and less toxic; and

2-29

     (4) It is in the best interest of this state for producers to finance and manage programs

2-30

within a statewide product stewardship system that serves urban and rural areas in Rhode Island

2-31

and provides free, convenient opportunities for the collection, transportation, recovery and safe

2-32

management of discarded products.

2-33

     23-88-3. Definitions. – As used in this chapter, the following words shall, unless the

2-34

context clearly requires otherwise, have the following meanings:

2-35

     (1) “Brand” means a name, symbol, word or mark that attributes a mattress to the

2-36

producer of such mattress;

2-37

     (2) “Covered entity” means any person in the state with a discarded mattress as set forth

2-38

in this chapter;

2-39

     (3) “Department” means the Rhode Island department of environmental management;

2-40

     (4) “Director” means the director of the Rhode Island department of environmental

2-41

management or his or her designee;

2-42

     (5) "Discarded mattress" means any mattress that a consumer intends to discard, has

2-43

discarded or that is abandoned;

2-44

     (6) "Energy recovery" means the process by which all or a portion of solid waste

2-45

materials are processed or combusted in order to utilize the heat content or other forms of energy

2-46

derived from such solid waste materials;

2-47

     (7) "Foundation" means any ticking-covered structure that is used to support a mattress

2-48

and that is composed of one or more of the following: A constructed frame, foam or a box spring.

2-49

"Foundation" does not include any bed frame or base made of wood, metal or other material that

2-50

rests upon the floor and that serves as a brace for a mattress;

2-51

     (8) "Mattress" means any resilient material or combination of materials that is enclosed

2-52

by ticking, used alone or in combination with other products, and that is intended for or promoted

2-53

for sleeping upon. "Mattress" includes any foundation and any renovation. "Mattress" does not

2-54

include any mattress pad, mattress topper, sleeping bag, pillow, car bed, carriage, basket, dressing

3-1

table, stroller, playpen, infant carrier, lounge pad, crib bumper, liquid and gaseous filled ticking

3-2

including any water bed and air mattress that does not contain upholstery material between the

3-3

ticking and the mattress core, and upholstered furniture that does not otherwise contain a

3-4

detachable mattress;

3-5

     (9) "Mattress core" means the main support system that is present in a mattress,

3-6

including, but not limited to, springs, foam, air bladder, water bladder or resilient filling;

3-7

     (10) "Mattress recycling council" or "council" means the organization created by

3-8

producers to design, submit and implement the mattress stewardship program described in section

3-9

2 of this chapter;

3-10

     (11) "Mattress stewardship fee" means the amount added to the purchase price of a

3-11

mattress sold in this state that is necessary to cover the cost of collecting, transporting and

3-12

processing discarded mattresses by the council pursuant to the mattress stewardship program;

3-13

     (12) "Mattress stewardship program" or "program" means the state-wide program

3-14

described in section 2 of this chapter and implemented pursuant to the mattress stewardship plan;

3-15

     (13) "Mattress topper" means any item that contains resilient filling, with or without

3-16

ticking, that is intended to be used with or on top of a mattress;

3-17

     (14) "Performance goal" means a metric proposed by the council and approved by the

3-18

commissioner, to measure, on an annual basis, the performance of the mattress stewardship

3-19

program, taking into consideration technical and economic feasibilities, in achieving continuous,

3-20

meaningful improvement in improving the rate of mattress recycling in the state and any other

3-21

specified goal of the program;

3-22

     (15) “Performance goal” mean a metric established by a producer to the department of

3-23

environmental management to measure, on an annual basis, the performance of a product

3-24

stewardship program in addressing recycling, reuse, safe disposal, environmental impacts or

3-25

health impacts related to a product;

3-26

     (16) “Person” means an individual, trust, firm, joint stock company, corporation

3-27

(including government corporation), partnership, association, the federal government or any

3-28

agency or subdivision thereof, a state, municipality, commission, political subdivision of the

3-29

state, or any interstate body;

3-30

     (17) "Producer" means any person who manufactures or renovates a mattress that is sold,

3-31

offered for sale or distributed in the state under the manufacturer's own name or brand.

3-32

"Producer" includes:

3-33

     (i) The owner of a trademark or brand under which a mattress is sold, offered for sale or

3-34

distributed in this state, whether or not such trademark or brand is registered in this state; and

4-1

     (ii) Any person who imports a mattress into the United States that is sold or offered for

4-2

sale in this state and that is manufactured or renovated by a person who does not have a presence

4-3

in the United States;

4-4

     (18) "Recycling" means any process in which discarded mattresses, components and by-

4-5

products may lose their original identity or form as they are transformed into new, usable or

4-6

marketable materials. "Recycling" does not include energy recovery or energy generation by

4-7

means of combusting discarded products, components and by-products with or without other

4-8

waste products;

4-9

     (19) "Renovate" or "renovation" means altering a mattress for the purpose of resale and

4-10

includes any one, or a combination of, the following: Replacing the ticking or filling, adding

4-11

additional filling, rebuilding a mattress, or replacing components with new or recycled materials.

4-12

"Renovate" or "renovation" does not include the: (i) Stripping of a mattress of its ticking or filling

4-13

without adding new material; (ii) Sanitization or sterilization of a mattress without otherwise

4-14

altering the mattress, or (iii) Altering of a mattress by a renovator when a person retains the

4-15

altered mattress for personal use, in accordance with regulations of the department of consumer

4-16

protection;

4-17

     (20) "Renovator" means a person who renovates discarded mattresses for the purpose of

4-18

reselling such mattresses in a retail store;

4-19

     (21) "Retailer" means any person who sells mattresses in this state or offers mattresses in

4-20

this state to a consumer through any means, including, but not limited to, remote offerings such as

4-21

sales outlets, catalogs or the Internet;

4-22

     (22) “Reuse” means the return of a product into the economic stream for use in the same

4-23

kind of application as originally intended, without a change in the product’s form or function;

4-24

     (23) "Sanitization" means the direct application of chemicals to a mattress to kill human

4-25

disease-causing pathogens;

4-26

     (24) "Sale" means the transfer of title of a mattress for consideration, including through

4-27

the use of a sales outlet, catalog, internet website or similar electronic means;

4-28

     (25) "Sterilization" means the mitigation of any deleterious substances or organisms

4-29

including human disease-causing pathogens, fungi and insects from a mattress or filling material

4-30

using a process approved by the department;

4-31

     (26) "Ticking" means the outermost layer of fabric or material of a mattress. "Ticking"

4-32

does not include any layer of fabric or material quilted together with, or otherwise attached to, the

4-33

outermost layer of fabric or material of a mattress;

5-34

     (27) "Upholstery material" means all material, loose or attached, between the ticking and

5-35

the core of a mattress; and

5-36

     (28) "Wholesaler" means any person who sells or distributes mattresses in the state, in a

5-37

nonretail setting, for the purpose of the resale of such mattresses.

5-38

     23-88-4. . Rulemaking. -The department may adopt rules as necessary to implement the

5-39

provisions of this chapter.

5-40

     23-88-5. Product stewardship plan. – (a) On or before July 1, 2014, each producer shall

5-41

join the council and such council shall submit a plan, for the director’s approval, to establish a

5-42

state-wide mattress stewardship program, as described in this section. Any retailer may be a

5-43

member of such council. Such mattress stewardship program shall, to the extent it is

5-44

technologically feasible and economically practical:

5-45

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

5-46

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

5-47

mattresses;

5-48

     (3) Provide for producer-financed end-of-life management for discarded mattresses;

5-49

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

5-50

segregated, discarded mattresses, at no cost to such municipality provided the municipal transfer

5-51

station makes space available for such purpose and imposes no fee for placement of such storage

5-52

container on its premises; and

5-53

     (5) Include a fee that is sufficient to cover the costs of operating the program.

5-54

     (b) The plan submitted pursuant to subsection (a) of this section shall:

5-55

     (1) Identify each producer participating in the program;

5-56

     (2) Describe the fee structure for the program;

5-57

     (3) Establish performance goals for the first two (2) years of the program;

5-58

     (4) Identify proposed facilities to be used by the program;

5-59

     (5) Detail how the program will promote the recycling of discarded mattresses; and

5-60

     (6) Include a description of the public education program.

5-61

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

5-62

not exceed, the costs of developing the plan described in subsection (b) of this section, operating

5-63

the program described in subsection (a) of this section, and maintaining a financial reserve

5-64

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

5-65

responsible manner. The council shall maintain all records relating to the program for a period of

5-66

not less than three (3) years.

5-67

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

5-68

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

6-1

     (e) The director shall approve the plan for the establishment of the mattress stewardship

6-2

program, provided such plan reasonably meets the requirements of this section. Not later than

6-3

ninety (90) days after submission of the plan pursuant to this section, the commissioner shall

6-4

make a determination whether to approve the plan. Prior to making such determination, the

6-5

commissioner shall post the plan on the department's internet website and solicit public comments

6-6

on the plan. In the event that the director does not approve the plan, the director shall describe the

6-7

reasons for the disapproval in a notice of determination that the director shall provide to the

6-8

council. The council shall revise and resubmit the plan to the commissioner not later than forty-

6-9

five (45) days after receipt of notice of the director’s disapproval notice. Not later than forty-five

6-10

(45) days after receipt of the revised plan, the director shall review and approve or disapprove the

6-11

revised plan. The council may resubmit a revised plan to the director for approval on not more

6-12

than two (2) occasions. If the council fails to submit a plan that is acceptable to the commissioner,

6-13

the commissioner shall modify a submitted plan and approve it. Not later than sixty (60) days

6-14

after the approval of a plan pursuant to this section, the council shall implement the mattress

6-15

stewardship program.

6-16

     (f) It is the responsibility of the council to:

6-17

     (1) Notify the director whenever there is a proposed substantial change to the program.

6-18

For the purposes of this subdivision, “substantial change” shall include, but not be limited to, a

6-19

change in:

6-20

     (i) The program’s fee structure;

6-21

     (ii) Processing facilities to be used for discarded mattresses collected pursuant to the

6-22

program; or

6-23

     (iii) The system for collecting mattresses.

6-24

     (2) Not later than March 1, 2016, the council shall submit updated performance goals to

6-25

the director that are based on the experience of the program during the first two (2) years of the

6-26

program.

6-27

     (g) The council shall notify the director of any other changes to the program on an

6-28

ongoing basis, whenever they occur, without resubmission of the plan to the director for approval.

6-29

Such changes shall include, but not be limited to, a change in the membership council.

6-30

     (h) On or before July 1, 2014, and every two (2) years thereafter, the council shall

6-31

propose a uniform fee for all mattresses sold in this state. The council may propose a change to

6-32

the uniform fee more frequently than once every two (2) years if the council determines such

6-33

change is needed to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by

6-34

an auditor to assure that such assessment does not exceed the costs of the mattress stewardship

7-1

program described in subsection (a) of this section and to maintain financial reserves sufficient to

7-2

operate the program over a multi-year period in a fiscally prudent and responsible manner. The

7-3

auditor shall recommend an amount for such fee to the department. The department shall be

7-4

responsible for the approval of such fee. Such independent auditor shall be selected by the

7-5

department and the department shall be responsible for the review of the work product of such

7-6

independent auditor, including, but not limited to, the review of such auditor’s assessment of the

7-7

bid and purchase procedures utilized by the representative organization to implement such

7-8

program. The cost of any work performed by such auditor pursuant to the provisions of this

7-9

subsection and subsection (k) of this section shall be funded by the fee described in this

7-10

subsection.

7-11

     (i) On and after the implementation of the mattress stewardship program, the fee,

7-12

established pursuant to subsection (a) of this section and described in subsection (h) of this

7-13

section, shall be added to the cost of all mattresses sold to retailers and distributors in this state by

7-14

each producer. On and after such implementation date, each retailer or distributor, as applicable,

7-15

shall add the amount of such fee to the purchase price of all mattresses sold in this state. The

7-16

council may, subject to the director’s approval, establish an alternative, practicable means of

7-17

collecting or remitting such fee.

7-18

     (j) Not later than March 1st of each year, the council shall submit an annual report to the

7-19

director, on a form prescribed by the director. The director shall post such annual report on the

7-20

department’s Internet website. Such report shall include:

7-21

     (1) The tonnage of mattresses collected pursuant to the program from:

7-22

     (i) Municipal curbside collection programs;

7-23

     (ii) Municipal transfer stations;

7-24

     (iii) Retailers; and

7-25

     (iv) All other covered entities;

7-26

     (2) The tonnage of mattresses diverted for recycling;

7-27

     (3) The weight of discarded mattresses recycled, as indicated by the weight of each of the

7-28

commodities sold to secondary markets;

7-29

     (4) The weight of mattresses, or parts thereof, sent for disposal at each of the following:

7-30

     (i) Rhode Island resource recovery corporation; and

7-31

     (ii) Any other facilities;

7-32

     (5) Public education materials and methods used to support the program;

7-33

     (6) An evaluation of the effectiveness of the methods and processes used to achieve

7-34

performance goals of the program;

8-1

     (7) Recommendations for any changes to the program; and

8-2

     (8) Any other relevant public information requested by the director, provided such

8-3

request does not require the disclosure of any proprietary trade or business secret.

8-4

     (k) Two (2) years after the implementation of the program and upon the request of the

8-5

director but not more frequently than once a year, the council shall cause an audit of the program

8-6

to be conducted by the auditor describe in subsection (h) of this section. Such audit shall review

8-7

the accuracy of the council’s data concerning the program and provide any other information

8-8

requested by the director. Such audit shall be paid for by the council. The council shall maintain

8-9

all records relating to the program for not less than seven (7) years.

8-10

     (l) The council may conduct research related to improving the efficiency of used mattress

8-11

collection, dismantling and recycling operations, including pilot programs to test new processes,

8-12

methods or equipment. The costs of such research may be included in calculating the amount of

8-13

the fee authorized by this section.

8-14

     (m) No covered entity that participates in the program shall charge for receipt of

8-15

mattresses generated in the state. Covered entities may charge a fee for providing the service of

8-16

collecting mattresses and may restrict the acceptance of mattresses by number, source or physical

8-17

condition.

8-18

     23-88-6. Product stewardship plan. – Not later than three (3) years after the approval of

8-19

the plan pursuant to section 23-88-5 of this chapter, the director shall submit a report to the

8-20

general assembly. Such report shall provide an evaluation of the mattress stewardship program,

8-21

and make recommendations to improve the program, as necessary.

8-22

     23-88-7. Immunity. – Each producer and the council shall be immune from liability for

8-23

any claim of a violation of antitrust law or unfair trade practice, if such conduct is a violation of

8-24

antitrust law, to the extent such producer or council is exercising authority pursuant to the

8-25

provisions of this chapter.

8-26

     23-88-8. Enforcement. – (a) The commissioner may seek civil enforcement of the

8-27

provisions of this chapter.

8-28

     (b) A producer injured by a violation of the requirements of this chapter by another

8-29

producer shall have a private right of action. A private right of action by a producer under this

8-30

chapter is in the public interest.

8-31

     23-88-9. Collaboration. – In the event that another state implements a mattress recycling

8-32

program, the council may collaborate with such state to conserve efforts and resources used in

8-33

carrying out the mattress stewardship program, provided such collaboration is consistent with the

8-34

requirements of this chapter.

9-1

     SECTION 2. This act shall take effect upon passage.

=======

LC01103

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY

***

10-1

     This act would establish the procedure for the recycling, reuse and disposal of mattresses.

10-2

     This act would take effect upon passage.

=======

LC01103

=======