A. 6436 2
DISTRICT, PRIVATE OR PAROCHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OR GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE A RETAILER
OR PERSON THAT ACQUIRES A COVERED PRODUCT SOLELY FOR PURPOSES OF RECYCL-
ING.
4. "COVERED PRODUCT" MEANS A MATTRESS.
5. "DISCARDED COVERED PRODUCT" MEANS A COVERED PRODUCT THAT A CONSUMER
HAS USED AND DISCARDED IN THE STATE.
6. "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR OTHERWISE
ACQUIRES A COVERED PRODUCT AND SELLS OR OFFERS TO SELL SUCH PRODUCT TO
RETAILERS IN THIS STATE.
7. "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.
8. "GOOD FAITH EFFORT" MEANS ALL REASONABLE AND ECONOMICALLY PRACTICAL
EFFORTS BY A MATTRESS RECYCLING ORGANIZATION TO IMPLEMENT AN APPROVED
PROGRAM.
9. (A) "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 USED MATTRESS. FOR THE PURPOSES
OF THIS TITLE, A "FOUNDATION" MEANS A TICKING-COVERED STRUCTURE USED TO
SUPPORT A MATTRESS OR SLEEP SURFACE. A FOUNDATION MAY INCLUDE
CONSTRUCTED FRAMES, FOAM, BOX SPRINGS, OR OTHER MATERIALS, USED ALONE OR
IN COMBINATION.
(B) MATTRESS SHALL NOT INCLUDE:
(I) AN UNATTACHED MATTRESS PAD OR MATTRESS TOPPER THAT IS INTENDED TO
BE USED WITH, OR ON TOP OF A MATTRESS;
(II) A CRIB OR BASSINET MATTRESS OR CAR BED;
(III) JUVENILE PRODUCTS, INCLUDING: A CARRIAGE, BASKET, DRESSING
TABLE, STROLLER, PLAYPEN, INFANT CARRIER, LOUNGE PAD, CRIB BUMPER, AND
THE PADS FOR THOSE JUVENILE PRODUCTS;
(IV) A PRODUCT CONTAINING LIQUID- AND GASEOUS-FILLED TICKING, INCLUD-
ING A WATERBED AND AIR MATTRESS THAT DOES NOT CONTAIN UPHOLSTERY MATERI-
AL BETWEEN THE TICKING AND THE MATTRESS CORE; OR
(V) A FOLD-OUT SOFA BED OR FUTON.
10. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES OR RENOVATES A
COVERED PRODUCT THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO A
CONSUMER IN THIS STATE. "PRODUCER" INCLUDES:
(A) THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THIS STATE, WHETHER OR NOT
SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
(B) ANY PERSON WHO IMPORTS A COVERED PRODUCT INTO THE UNITED STATES
THAT IS SOLD OR OFFERED FOR SALE IN THE STATE AND THAT IS MANUFACTURED
BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
11. "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
OR IS PRODUCTION, COMMERCIAL OR FINANCIAL INFORMATION, THAT IF DISCLOSED
WOULD IMPAIR THE COMPETITIVE POSITION OF THE SUBMITTER AND WOULD MAKE
AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
12. "RECYCLE" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
COMPONENTS OR COMMODITIES CONTAINED IN COVERED PRODUCTS FOR THE PURPOSE
OF PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
IN NEW PRODUCTS OR COMPONENTS. "RECYCLE" DOES NOT INCLUDE ENERGY RECOV-
ERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING BUT NOT LIMITED TO,
COMBUSTION, INCINERATION, PYROLYSIS, GASIFICATION, SOLVOLYSIS, WASTE TO
A. 6436 3
FUEL OR ANY CHEMICAL CONVERSION PROCESS, OR LANDFILL DISPOSAL OF
DISCARDED COVERED PRODUCTS OR DISCARDED PRODUCT COMPONENT MATERIALS.
13. "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
14. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED
PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY
SUBDIVISIONS TWELVE AND SEVENTEEN OF THIS SECTION, AND IS COMPUTED BY
DIVIDING THE AMOUNT OF DISCARDED COVERED PRODUCTS COLLECTED AND RECYCLED
OR REUSED BY THE TOTAL AMOUNT OF DISCARDED COVERED PRODUCTS COLLECTED
AND REPORTED TO THE DEPARTMENT BY THE LANDFILLS AND SOLID WASTE FACILI-
TIES IN THE STATE OVER A PROGRAM YEAR.
15. "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
ESTABLISHED BY A PRODUCER OR GROUP OF PRODUCERS TO IMPLEMENT THE
MATTRESS COLLECTION PROGRAM.
16. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
PRODUCT TO A CONSUMER IN THE STATE.
17. "REUSE" MEANS DONATING OR SELLING A DISCARDED COVERED PRODUCT BACK
INTO THE MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED
COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN
BE USED FOR ITS ORIGINAL PURPOSE.
18. "SALE" OR "SELL" MEANS A TRANSFER OF TITLE TO A COVERED PRODUCT
FOR CONSIDERATION, INCLUDING A REMOTE SALE CONDUCTED THROUGH A SALE
OUTLET, CATALOG, WEBSITE, BY TELEPHONE OR THROUGH SIMILAR ELECTRONIC
MEANS. "SALE" OR "SELL" INCLUDES A LEASE THROUGH WHICH A COVERED PRODUCT
IS PROVIDED TO A CONSUMER IN THE STATE BY A PRODUCER, DISTRIBUTOR,
WHOLESALER, OR RETAILER.
19. "TICKING" MEANS THE OUTERMOST LAYER OF FABRIC OR MATERIALS 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.
20. "UPHOLSTERY MATERIAL" MEANS ALL MATERIAL LOOSE OR ATTACHED BETWEEN
THE TICKING AND THE CORE OF THE MATTRESS.
§ 27-3403. PRODUCER PLAN.
1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
PRODUCER, EITHER INDIVIDUALLY OR COOPERATIVELY WITH ONE OR MORE PRODUC-
ERS, OR A REPRESENTATIVE ORGANIZATION SHALL SUBMIT TO THE DEPARTMENT FOR
THE DEPARTMENT'S APPROVAL A PLAN FOR THE ESTABLISHMENT OF A MATTRESS
COLLECTION PROGRAM THAT MEETS THE COLLECTION REQUIREMENTS DESCRIBED IN
THIS SECTION.
2. A PRODUCER MAY SATISFY THE MATTRESS COLLECTION PROGRAM REQUIREMENT
OF THIS SECTION BY AGREEING TO PARTICIPATE COLLECTIVELY WITH OTHER
PRODUCERS. ANY SUCH COLLECTIVE MATTRESS COLLECTION PROGRAM SHALL NOTIFY
THE DEPARTMENT.
3. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS
NEEDED, WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW
PLAN OR AMENDMENT WILL BE REQUIRED TO BE SUBMITTED TO THE DEPARTMENT FOR
APPROVAL WHEN:
(A) THERE IS A REVISION OF THE PROGRAM'S GOALS; OR
(B) EVERY FIVE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
4. THE PLAN SUBMITTED BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION
TO THE DEPARTMENT UNDER THIS SECTION SHALL:
(A) PROVIDE A LIST OF EACH PARTICIPATING PROVIDER AND BRANDS COVERED
BY THE PROGRAM;
(B) A DESCRIPTION OF THE METHODS BY WHICH DISCARDED COVERED PRODUCTS
DELIVERED TO COLLECTION SITES WILL BE COLLECTED;
(C) (1) I. A DESCRIPTION OF HOW THE PRODUCER OR RESPONSIBLE ORGANIZA-
TION SHALL PROVIDE FOR A CONVENIENT AND COST-EFFECTIVE COLLECTION OF
A. 6436 4
COVERED PRODUCTS USING EXISTING PUBLIC AND PRIVATE WASTE COLLECTION
CHANNELS AND AT COLLECTION SITES IN THE STATE PURSUANT TO VOLUNTARY
AGREEMENTS. TO MINIMIZE ITS ENVIRONMENTAL IMPACT, THE MATTRESS
COLLECTION PROGRAM SHALL EMPHASIZE WHENEVER PRACTICAL THE USE OF EXIST-
ING MUNICIPAL WASTE COLLECTION INFRASTRUCTURE AND OTHER EXISTING PRODUCT
COLLECTION CHANNELS. SUCH DESCRIPTION SHALL ALSO INCLUDE A DESCRIPTION
OF HOW THE PROGRAM WILL ACHIEVE WITHIN A REASONABLE PERIOD OF TIME A
MINIMUM CONVENIENCE GOAL WHICH ENSURES THAT ALL COUNTIES OF THE STATE
SHALL HAVE AT LEAST ONE COLLECTION SITE, AND WITHIN TWO YEARS AFTER THE
PROGRAM APPROVAL, NOT LESS THAN SEVENTY PERCENT OF THE STATE'S RESIDENTS
WILL LIVE WITHIN A FIFTEEN MILE RADIUS OF A COLLECTION SITE, AND WITHIN
THREE YEARS AFTER THE PROGRAM APPROVAL, NOT LESS THAN EIGHTY PERCENT OF
THE STATE'S RESIDENTS WILL LIVE WITHIN A FIFTEEN MILE RADIUS OF A
COLLECTION SITE.
II. PROVIDED, HOWEVER, THAT WITH RESPECT TO A CITY OR COUNTY HAVING A
POPULATION OF ONE MILLION OR MORE, A CONVENIENCE GOAL SHALL BE ESTAB-
LISHED FOR THAT CITY OR COUNTY. IN THE CASE OF A CITY, THE CONVENIENCE
GOAL SHALL BE PROPOSED AFTER CONSULTATION WITH THE DEPARTMENT OF SANITA-
TION OF SUCH CITY. IN THE CASE OF A COUNTY, THE CONVENIENCE GOAL SHALL
BE PROPOSED AFTER CONSULTATION WITH AN AGENCY DESIGNATED BY THE COUNTY
EXECUTIVE. SUCH PROPOSED CITY AND COUNTY CONVENIENCE GOALS SHALL BE
SUBMITTED TO THE DEPARTMENT, WHICH MAY APPROVE, MODIFY, OR OTHERWISE
ESTABLISH ALTERNATIVE CONVENIENCE GOALS.
III. THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL MAKE A GOOD
FAITH EFFORT TO COMPLY WITH THESE CONVENIENCE GOALS.
(2) TO MEET THESE CONVENIENCE GOALS, THE PRODUCER OR REPRESENTATIVE
ORGANIZATION SHALL:
I. ENTER INTO VOLUNTARY AGREEMENTS TO ESTABLISH COLLECTION SITES AT
PUBLIC AND PRIVATE SOLID WASTE FACILITIES; TRANSFER STATIONS; LANDFILLS;
RECYCLABLES HANDLING AND RECOVERY FACILITIES THAT ARE PERMITTED OR
REGISTERED WITH THE DEPARTMENT; OR OTHER SUITABLE SITES FOR THE
COLLECTION OF DISCARDED MATTRESSES;
II. PROVIDE MATTRESS STORAGE CONTAINERS AT NO COST TO A PARTICIPATING
COLLECTION SITE DESCRIBED IN CLAUSE I OF THIS SUBPARAGRAPH;
III. NEGOTIATE MUTUALLY AGREED UPON VOLUNTARY AGREEMENTS WITH PARTIC-
IPATING COLLECTION SITES DESCRIBED IN CLAUSE I OF THIS SUBPARAGRAPH THAT
PROVIDE FOR REASONABLE COMPENSATION FOR THE ACTUAL COSTS THESE
COLLECTION SITES INCUR TO HANDLE, STORE, AND (IF NECESSARY) TRANSPORT
COVERED PRODUCTS FOR RECYCLING;
IV. FOR COLLECTION SITES AS DESCRIBED IN CLAUSE I OF THIS SUBPARA-
GRAPH, AND OTHER ENTITIES SUCH AS HEALTHCARE FACILITIES, EDUCATIONAL
FACILITIES, MILITARY FACILITIES, JUNK HAULERS, HOTELS AND MOTELS THAT
PROVIDE TRANSIENT LODGING, AND OTHER FACILITIES THAT PERIODICALLY
REPLACE COVERED PRODUCTS THAT THEY OWN OR USE, AND WHO HAVE COLLECTED AT
LEAST 100 RECYCLABLE COVERED PRODUCTS FOR RECYCLING, PROVIDE AT ITS
EXPENSE AN APPROPRIATE STORAGE CONTAINER, TRANSPORTATION FROM A
COLLECTION POINT TO A RECYCLER, AND SERVICES TO RECYCLE THE COVERED
PRODUCTS; AND
V. ENTER INTO VOLUNTARY AGREEMENTS WITH RETAILERS THAT PICK UP OR
ACCEPT COVERED PRODUCTS FROM CONSUMERS UPON THE PURCHASE OF A NEW
MATTRESS FOR RECYCLING.
(D) THE NAMES AND LOCATIONS OF COLLECTIONS SITES, TRANSPORTERS, AND
RECYCLERS WHO WILL MANAGE DISCARDED COVERED PRODUCTS DELIVERED TO
COLLECTION SITES AT THE TIME OF PLAN SUBMISSION;
A. 6436 5
(E) A DESCRIPTION OF HOW THE DISCARDED COVERED PRODUCTS WILL BE SAFELY
AND SECURELY TRANSPORTED, TRACKED, AND HANDLED FROM COLLECTION SITES
THROUGH FINAL RECYCLING AND PROCESSING;
(F) A DESCRIPTION OF THE METHODS TO BE USED TO REUSE OR RECYCLE
DISCARDED COVERED PRODUCTS TO ENSURE THAT THE COMPONENTS, TO THE EXTENT
FEASIBLE, ARE TRANSFORMED OR REMANUFACTURED INTO FINISHED PRODUCTS FOR
USE;
(G) A DESCRIPTION OF THE METHODS TO BE USED TO MANAGE OR DISPOSE OF
DISCARDED COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
(H) A DESCRIPTION OF THE OUTREACH AND EDUCATIONAL MATERIALS THAT MUST
BE PROVIDED TO CONSUMERS, RETAILERS, COLLECTION SITES, AND TRANSPORTERS
OF DISCARDED COVERED PRODUCTS, AND HOW SUCH OUTREACH WILL BE EVALUATED
FOR EFFECTIVENESS;
(I) A DESCRIPTION OF HOW THE PROGRAM WILL MEET ANNUAL PERFORMANCE
GOALS, AS DETERMINED BY THE DEPARTMENT IN CONJUNCTION WITH THE PRODUCERS
OR REPRESENTATIVE ORGANIZATION, AFTER THE FIRST TWO YEARS OF THE PROGRAM
AND UPDATED EVERY TWO YEARS THEREAFTER, INCLUDING AN ESTIMATE OF
DISCARDED COVERED PRODUCTS THAT WILL BE COLLECTED, REUSED, AND RECYCLED
EACH CALENDAR YEAR;
(J) DESCRIBE WHAT, IF ANY, INCENTIVES WILL BE USED TO ENCOURAGE
RETAILER PARTICIPATION;
(K) DESCRIBE THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION; AND
(L) INCLUDE THE AMOUNT OF THE PROGRAM ASSESSMENT TO OPERATE THE
MATTRESS COLLECTION PROGRAM THAT SHALL BE INCLUDED BY THE RETAILER IN
THE PRICE CHARGED FOR ALL MATTRESSES SOLD TO CONSUMERS IN THE STATE,
WHICH HAS BEEN REVIEWED BY AN INDEPENDENT FINANCIAL AUDITOR PRIOR TO
SUBMITTING THE PLAN TO ENSURE THAT SUCH PROGRAM ASSESSMENT DOES NOT
EXCEED THE EXPENSES, INCLUDING START-UP EXPENSES, NECESSARY TO OPERATE
THE PROGRAM OVER A MULTIYEAR PERIOD IN A PRUDENT AND RESPONSIBLE MANNER.
§ 27-3405. PRODUCER RESPONSIBILITIES.
1. BEGINNING SIX MONTHS AFTER THE PLAN IS APPROVED UNDER SUBDIVISION
FOUR OF SECTION 27-3409 OF THIS TITLE, THE PRODUCER OR REPRESENTATIVE
ORGANIZATION SHALL IMPLEMENT THE MATTRESS COLLECTION PROGRAM UTILIZING
COLLECTION SITES PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
SECTION 27-3403 OF THIS TITLE.
2. A PRODUCER SHALL NOT SELL, OR OFFER FOR SALE, A COVERED PRODUCT TO
ANY PERSON IN THE STATE UNLESS THE PRODUCER IS IMPLEMENTING OR PARTIC-
IPATING UNDER AN APPROVED PLAN.
3. THE PROGRAM SHALL BE FREE TO THE CONSUMER, CONVENIENT AND ADEQUATE
TO SERVE THE NEEDS OF CONSUMERS IN ALL AREAS OF THE STATE ON AN ONGOING
BASIS.
4. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL MAINTAIN RECORDS
DEMONSTRATING COMPLIANCE WITH THE PROVISIONS OF THIS TITLE AND MAKE THEM
AVAILABLE FOR AUDIT AND INSPECTION BY THE DEPARTMENT FOR A PERIOD OF
THREE YEARS. THE DEPARTMENT SHALL MAKE SUCH AUDIT RECORDS AVAILABLE TO
THE PUBLIC UPON REQUEST IN ACCORDANCE WITH THE PROVISIONS OF THE STATE
FREEDOM OF INFORMATION LAW AND THE REGULATIONS PROMULGATED THEREUNDER,
PROVIDED THAT CONFIDENTIAL OR BUSINESS PROPRIETARY RECORDS SHALL BE
EXEMPT FROM THIS PROVISION. RECORD HOLDERS SHALL SUBMIT THE RECORDS
REQUIRED TO COMPLY WITH THE REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN
NOTIFICATION BY THE DEPARTMENT OF RECEIPT OF THE REQUEST.
5. A REPRESENTATIVE ORGANIZATION SHALL USE THE REVENUE GENERATED FROM
THE PROGRAM ASSESSMENTS COLLECTED FROM RETAILERS TO PAY ALL COSTS ASSO-
CIATED WITH THE IMPLEMENTATION OF THE MATTRESS COLLECTION PROGRAM. A
PRODUCER, PRODUCERS OR REPRESENTATIVE ORGANIZATION SHALL PAY COSTS
A. 6436 6
INCURRED BY THE STATE IN THE ADMINISTRATION AND ENFORCEMENT OF THIS
TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE STATE SHALL ONLY RECOVER
ITS ACTUAL DIRECT COST OF ADMINISTRATION AND ENFORCEMENT.
6. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER JULY FIRST, TWO THOU-
SAND TWENTY-THREE SHALL SUBMIT A PLAN TO THE DEPARTMENT, OR NOTIFY THE
DEPARTMENT THAT IT HAS JOINED AN EXISTING PLAN, PRIOR TO SELLING OR
OFFERING FOR SALE IN THE STATE ANY COVERED PRODUCT, AND SHALL COMPLY
WITH THE REQUIREMENTS OF THIS TITLE.
7. WITHIN EIGHTEEN MONTHS FOLLOWING APPROVAL OF THE PRODUCER PLAN, AND
ANNUALLY THEREAFTER, A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL
SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES, FOR THE PREVIOUS
PROGRAM CALENDAR YEAR, A DESCRIPTION OF THE PROGRAM INCLUDING, BUT NOT
LIMITED TO THE FOLLOWING:
(A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
AND PROCESS COVERED PRODUCTS IN THE STATE, INCLUDING DETAILING
COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
PROGRAM'S COLLECTION CONVENIENCE;
(B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
(C) THE ESTIMATED WEIGHT OF ALL DISCARDED COVERED PRODUCTS COLLECTED
AND REUSED OR RECYCLED PURSUANT TO THE MATTRESS COLLECTION PROGRAM;
(D) AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
HAVE BEEN ACHIEVED;
(E) THE ESTIMATED WEIGHT OF DISCARDED COVERED PRODUCTS AND ANY COMPO-
NENT MATERIALS THAT WERE COLLECTED PURSUANT TO THE COLLECTION PROGRAM,
BUT NOT RECYCLED;
(F) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
(G) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS AND A
DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE METHODS
USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF ANY,
FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND
(H) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT THAT IS RELEVANT
TO THE REQUIREMENTS OF THIS TITLE.
8. EACH PRODUCER, GROUP OF PRODUCERS OR REPRESENTATIVE ORGANIZATION
SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT AS PROVIDED FOR IN
SUBDIVISION SEVEN OF THIS SECTION THAT ASSESSES COMPLIANCE WITH PERFORM-
ANCE GOALS AND DESCRIBES ANY MODIFICATIONS NECESSARY TO ACHIEVE SUCH
GOALS.
9. (A) A PRODUCER OR THE REPRESENTATIVE ORGANIZATION THAT ORGANIZES
THE COLLECTION, TRANSPORT AND PROCESSING OF MATTRESSES, IN AN ACTION
SOLELY TO INCREASE THE RECYCLING OF MATTRESSES BY A PRODUCER, REPRESEN-
TATIVE ORGANIZATION, OR RETAILER THAT AFFECTS THE TYPES AND QUANTITIES
BEING RECYCLED OR THE COST AND STRUCTURE OF ANY RETURN PROGRAM SHALL NOT
BE LIABLE FOR ANY CLAIM OF A VIOLATION OF ANTITRUST, RESTRAINT OF TRADE
OR UNFAIR TRADE PRACTICE ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE
WITH THE PROGRAM PURSUANT TO THIS SECTION.
(B) NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, PARAGRAPH (A) OF
THIS SUBDIVISION SHALL NOT APPLY TO ANY AGREEMENT ESTABLISHING OR
AFFECTING THE PRICE OF MATTRESSES EXCEPT FOR THE APPROVED PROGRAM
ASSESSMENT TO BE INCLUDED BY THE RETAILER IN THE PRICE CHARGED FOR ALL
MATTRESSES SOLD TO CONSUMERS IN THE STATE OR THE OUTPUT OR PRODUCTION OF
MATTRESSES OR ANY AGREEMENT RESTRICTING THE GEOGRAPHIC AREA OR CUSTOMERS
TO WHICH MATTRESSES WILL BE SOLD.
§ 27-3407. RETAILER, DISTRIBUTOR AND WHOLESALER RESPONSIBILITIES.
1. BEGINNING AFTER APPROVAL OF THE PLAN BY THE DEPARTMENT NO RETAILER,
DISTRIBUTOR, OR WHOLESALER MAY SELL OR OFFER FOR SALE COVERED PRODUCTS
IN THE STATE UNLESS THE PRODUCER OF SUCH PRODUCTS IS PARTICIPATING IN A
A. 6436 7
MATTRESS COLLECTION PROGRAM. A RETAILER, DISTRIBUTOR, OR WHOLESALER
SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE THE COVERED
PRODUCTS WERE ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER WAS
LISTED ON THE DEPARTMENT'S WEBSITE AS IMPLEMENTING OR PARTICIPATING IN
AN APPROVED PROGRAM.
2. ANY RETAILER, DISTRIBUTOR, OR WHOLESALER MAY PARTICIPATE, ON A
VOLUNTARY BASIS, AS A DESIGNATED COLLECTION SITE PURSUANT TO A MATTRESS
COLLECTION PROGRAM AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGU-
LATIONS.
3. UPON IMPLEMENTATION OF THE PROGRAM, EACH RETAILER SHALL INCLUDE IN
THE PRICE OF ANY MATTRESS SOLD TO A CONSUMER IN THE STATE THE PROGRAM
ASSESSMENT IN THE APPROVED PROGRAM PLAN. A RETAILER SHALL NOT DEDUCT
THIS ASSESSMENT FROM THE PURCHASE PRICE.
4. RETAILERS AND OTHER SELLERS SHALL REGULARLY REMIT THE PROGRAM
ASSESSMENTS THEY COLLECT TO THE PRODUCER OR REPRESENTATIVE ORGANIZATION,
AS APPROPRIATE.
§ 27-3409. DEPARTMENT RESPONSIBILITIES.
1. THE DEPARTMENT SHALL MAINTAIN A LIST OF PRODUCERS, RETAILERS,
DISTRIBUTORS, AND WHOLESALERS WHO ARE IN COMPLIANCE WITH THIS TITLE AND
POST SUCH LIST ON THE DEPARTMENT'S WEBSITE.
2. THE DEPARTMENT SHALL POST ON ITS WEBSITE THE LOCATION OF ALL
COLLECTION SITES IDENTIFIED TO THE DEPARTMENT BY THE PRODUCER IN ITS
ANNUAL REPORTS.
3. THE DEPARTMENT SHALL POST ON ITS WEBSITE EACH PRODUCER PLAN
APPROVED BY THE DEPARTMENT.
4. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN AMEND-
MENT, THE DEPARTMENT SHALL APPROVE OR REJECT SUCH PLAN OR PLAN AMENDMENT
BASED ON WHETHER SUCH PROPOSED PLAN OR PLAN AMENDMENT SATISFACTORILY
MEETS THE REQUIREMENTS OF SUBDIVISION FOUR OF SECTION 27-3403 OF THIS
TITLE. IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPARTMENT SHALL
NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING. IF THE
DEPARTMENT REJECTS THE PLAN OR PLAN AMENDMENT, THE DEPARTMENT SHALL
NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING STATING
THE REASON FOR REJECTING THE PLAN OR PLAN AMENDMENT. A PRODUCER OR
REPRESENTATIVE ORGANIZATION WHOSE PLAN IS REJECTED SHALL SUBMIT A
REVISED PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A NOTICE
OF REJECTION. IF THE PRODUCER OR REPRESENTATIVE ORGANIZATION FAILS TO
SUBMIT A PLAN THAT IS ACCEPTABLE TO THE DEPARTMENT BECAUSE IT DOES NOT
MEET THE REQUIREMENTS OF SUBDIVISION FOUR OF SECTION 27-3403 OF THIS
TITLE, THE DEPARTMENT SHALL MODIFY A SUBMITTED PLAN TO MAKE IT CONFORM
TO THE REQUIREMENTS OF SUCH SUBDIVISION AND APPROVE IT.
5. THE DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
OF THIS TITLE IN THIS STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL
FIRST, TWO THOUSAND TWENTY-FIVE AND EVERY TWO YEARS THEREAFTER. THE
REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
(A) THE STREAM OF COVERED PRODUCTS IN THE STATE;
(B) DISPOSAL, RECYCLING, AND REUSE RATES IN THE STATE COVERED
PRODUCTS;
(C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
MENTS OF THIS TITLE; AND
(D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
§ 27-3411. MATTRESS COLLECTION PROGRAM ADVISORY BOARD.
1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A MATTRESS
COLLECTION PROGRAM ADVISORY BOARD TO MAKE RECOMMENDATIONS TO THE COMMIS-
SIONER REGARDING PRODUCER PLANS REQUIRED BY THIS TITLE.
A. 6436 8
2. THE BOARD SHALL BE COMPOSED OF TWELVE VOTING MEMBERS. SUCH MEMBERS
SHALL INCLUDE:
(A) ONE REPRESENTATIVE OF MATTRESS PRODUCERS;
(B) TWO REPRESENTATIVES OF MATTRESS RETAILERS;
(C) ONE REPRESENTATIVE OF MATTRESS RECYCLERS;
(D) TWO REPRESENTATIVES OF MATTRESS COLLECTORS;
(E) ONE REPRESENTATIVE OF A COMPANY THAT UTILIZES DISCARDED COVERED
PRODUCTS TO MANUFACTURE A NEW PRODUCT;
(F) ONE REPRESENTATIVE FROM A STATEWIDE ENVIRONMENTAL ORGANIZATION;
(G) ONE REPRESENTATIVE FROM A STATEWIDE WASTE DISPOSAL ASSOCIATION;
(H) ONE REPRESENTATIVE FROM THE NEW YORK PRODUCT STEWARDSHIP COUNCIL;
(I) ONE REPRESENTATIVE FROM A CONSUMER ORGANIZATION; AND
(J) ONE REPRESENTATIVE FROM A STATEWIDE RECYCLING ORGANIZATION.
3. THE MEMBERS SHALL BE APPOINTED AS FOLLOWS:
(A) TWO MEMBERS TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(B) TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(C) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
(D) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
AND
(E) SIX MEMBERS TO BE APPOINTED BY THE GOVERNOR.
4. SUCH APPOINTMENTS SHALL BE MADE NO LATER THAN THE FIRST DAY OF
JANUARY FOLLOWING THE DATE ON WHICH THIS TITLE TAKES EFFECT. THE MEMBERS
SHALL DESIGNATE A CHAIR FROM AMONG THE MEMBERS BY MAJORITY VOTE. BOARD
MEMBERS SHALL RECEIVE NO COMPENSATION BUT SHALL BE ENTITLED TO THEIR
NECESSARY AND ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BOARD
DUTIES.
5. THE BOARD SHALL MEET AT LEAST ANNUALLY BY CALL OF THE CHAIR.
§ 27-3413. MULTI-STATE COOPERATION.
IN THE EVENT THAT 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 COLLABORATION IS CONSIST-
ENT WITH THE REQUIREMENTS OF THIS TITLE.
§ 27-3415. ENFORCEMENT AND PENALTIES.
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 PURSU-
ANT 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. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE
DEPARTMENT AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER.
§ 27-3417. RULES AND REGULATIONS.
THE DEPARTMENT IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THIS TITLE.
§ 2. Section 71-1701 of the environmental conservation law is amended
to read as follows:
§ 71-1701. Applicability of this title.
This title shall be applicable to the enforcement of titles 1 through
11 and titles 15 through 19 of article 17; article 19; and [title]
TITLES 1 AND 34 of article 27 OF THIS CHAPTER.
§ 3. Section 71-1701 of the environmental conservation law, as amended
by chapter 795 of the laws of 2022, is amended to read as follows:
§ 71-1701. Applicability of this title.
A. 6436 9
This title shall be applicable to the enforcement of titles 1 through
11 and titles 15 through 19 of article 17; article 19; and titles 1
[and], 33 AND 34 of article 27 OF THIS CHAPTER.
§ 4. This act shall take effect immediately; provided, however, the
amendments to section 71-1701 of the environmental conservation law made
by section three of this act shall take effect on the same date and in
the same manner as section 2 of chapter 795 of the laws of 2022, takes
effect.