S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6419
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 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:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
 
                                 TITLE 34
                        MATTRESS COLLECTION PROGRAM
 
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER PLAN.
         27-3405. PRODUCER RESPONSIBILITIES.
         27-3407. RETAILER, DISTRIBUTOR AND WHOLESALER RESPONSIBILITIES.
         27-3409. DEPARTMENT RESPONSIBILITIES.
         27-3411. MATTRESS COLLECTION PROGRAM ADVISORY BOARD.
         27-3413. MULTI-STATE COOPERATION.
         27-3415. ENFORCEMENT AND PENALTIES.
         27-3417. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR  MARK  THAT  ATTRIBUTES  THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 A CONSUMER MAY DISCARD COVERED PRODUCTS.
   3. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES, OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN  INDI-
 VIDUAL,  A  BUSINESS,  CORPORATION,  LIMITED PARTNERSHIP, NOT-FOR-PROFIT
 CORPORATION, THE STATE, A  PUBLIC  CORPORATION,  PUBLIC  SCHOOL,  SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10633-01-3
              

 S. 6419                             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
 S. 6419                             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
 S. 6419                             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;
 S. 6419                             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
 S. 6419                             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
 S. 6419                             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.
 S. 6419                             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.
 S. 6419                             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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6419--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   establishing extended producer responsibility for mattresses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
 
                                 TITLE 34
              EXTENDED PRODUCER RESPONSIBILITY FOR MATTRESSES
 
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER PLAN.
         27-3405. PRODUCER RESPONSIBILITIES.
         27-3407. RETAILER, DISTRIBUTOR AND WHOLESALER RESPONSIBILITIES.
         27-3409. DEPARTMENT RESPONSIBILITIES.
         27-3411. MATTRESS COLLECTION PROGRAM ADVISORY BOARD.
         27-3413. MULTI-STATE COOPERATION.
         27-3415. ENFORCEMENT AND PENALTIES.
         27-3417. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CLOSED-LOOP RECYCLING" MEANS RECYCLING IN WHICH MATERIALS THAT ARE
 RECLAIMED ARE RETURNED TO THE ORIGINAL PROCESS  OR  PROCESSES  IN  WHICH
 THEY WERE GENERATED AND THEY ARE REUSED IN THE PRODUCTION PROCESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10633-02-3
 S. 6419--A                          2
              

 
   3.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 A CONSUMER MAY DISCARD COVERED PRODUCTS.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN INDI-
 VIDUAL, A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT
 CORPORATION,  THE  STATE,  A  PUBLIC  CORPORATION, PUBLIC SCHOOL, SCHOOL
 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.
   5. "COVERED PRODUCT" MEANS A MATTRESS.
   6. "DISCARDED COVERED PRODUCT" MEANS A COVERED PRODUCT THAT A CONSUMER
 HAS USED, ABANDONED, OR DISCARDED IN THE STATE.
   7. "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.
   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. "GOOD FAITH EFFORT" MEANS ALL REASONABLE AND ECONOMICALLY PRACTICAL
 EFFORTS BY A MATTRESS RECYCLING ORGANIZATION TO  IMPLEMENT  AN  APPROVED
 PROGRAM.
   10.  (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.
   11.  "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.
   12. "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.
 S. 6419--A                          3
 
   13.  "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
 FUEL  OR  ANY  CHEMICAL  CONVERSION  PROCESS,  OR  LANDFILL  DISPOSAL OF
 DISCARDED COVERED PRODUCTS OR DISCARDED PRODUCT COMPONENT MATERIALS.
   14. "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
   15.  "RECYCLING  RATE"  MEANS  THE  PERCENTAGE  OF  DISCARDED  COVERED
 PRODUCTS  THAT  IS  MANAGED  THROUGH  RECYCLING  OR REUSE, AS DEFINED BY
 SUBDIVISIONS THIRTEEN AND TWENTY 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.
   16.  "RENOVATE" MEANS TO ALTER A DISCARDED MATTRESS FOR RESALE THROUGH
 REPLACING THE TICKING OR FILLING, ADDING ADDITIONAL FILLING OR REPLACING
 COMPONENTS OF THE DISCARDED MATTRESS WITH  NEW  OR  RECYCLED  MATERIALS.
 RENOVATE  DOES NOT MEAN: (A) STRIPPING A DISCARDED MATTRESS OF THE TICK-
 ING OR FILLING WITHOUT ADDING NEW MATERIAL; OR (B) THE  SANITIZATION  OR
 STERILIZATION  OF  A  DISCARDED  MATTRESS  WITHOUT THE ALTERATION TO THE
 DISCARDED MATTRESS.
   17. "RENOVATOR" MEANS A PERSON THAT RENOVATES DISCARDED MATTRESSES.
   18. "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT  ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO IMPLEMENT THE
 MATTRESS COLLECTION PROGRAM.
   19. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
 PRODUCT TO A CONSUMER IN THE STATE.
   20. "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.
   21.  "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.
   22.  "SANITIZATION"  MEANS  THE  DIRECT  APPLICATION OF CHEMICALS TO A
 MATTRESS TO KILL PATHOGENS THAT CAUSE HUMAN DISEASE.
   23. "STERILIZATION" MEANS THE MITIGATION OF ANY DELETERIOUS SUBSTANCES
 OR ORGANISMS, INCLUDING PATHOGENS THAT CAUSE HUMAN  DISEASE,  FUNGI  AND
 INSECTS,  FROM  A  MATTRESS OR FILLING MATERIAL USING A CHEMICAL OR HEAT
 PROCESS.
   24. "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.
   25. "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
 S. 6419--A                          4
 
 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) A  DESCRIPTION  OF  HOW  THE  PROGRAM  WILL  PROVIDE  FOR  THE
 COLLECTION  OF COVERED PRODUCTS, FREE OF COST AND IN A MANNER CONVENIENT
 TO CONSUMERS, INCLUDING HOW THE PROGRAM WILL ACHIEVE, AT  A  MINIMUM,  A
 CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
 MUNICIPALITIES THAT HAVE A POPULATION OF TEN THOUSAND OR GREATER HAVE AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 THAT ACCEPTS COVERED PRODUCTS  FROM  CONSUMERS  DURING  NORMAL  BUSINESS
 HOURS;  HOWEVER,  WITH  RESPECT  TO  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE, AFTER CONSULTATION WITH THE DEPARTMENT OF SANITATION OF
 SUCH CITY, THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE CONVEN-
 IENCE STANDARD. THE PRODUCER,  GROUP  OF  PRODUCERS,  OR  REPRESENTATIVE
 ORGANIZATION  MAY  COORDINATE  THE PROGRAM WITH EXISTING MUNICIPAL WASTE
 COLLECTION INFRASTRUCTURE AS IS MUTUALLY AGREEABLE.  CONVENIENCE  STAND-
 ARDS  SHALL  BE EVALUATED BY THE DEPARTMENT PERIODICALLY AND THE DEPART-
 MENT MAY REQUIRE ADDITIONAL  COLLECTION  LOCATIONS  TO  ENSURE  ADEQUATE
 CONSUMER  CONVENIENCE.  TO  MEET SUCH CONVENIENCE STANDARD, THE PRODUCER
 PLAN MAY PROVIDE THAT THE PRODUCER OR REPRESENTATIVE ORGANIZATION  SHALL
 ENTER  INTO  VOLUNTARY  AGREEMENTS TO ESTABLISH COLLECTION SITES AT: (I)
 PUBLIC AND PRIVATE SOLID WASTE FACILITIES, TRANSFER STATIONS, LANDFILLS,
 RECYCLABLES HANDLING AND  RECOVERY  FACILITIES  THAT  ARE  PERMITTED  OR
 REGISTERED  WITH  THE  DEPARTMENT;  (II)  OTHER  SUITABLE  SITES FOR THE
 COLLECTION OF DISCARDED COVERED PRODUCTS; OR (III) RETAILERS  THAT  PICK
 UP  OR  ACCEPT  COVERED PRODUCTS FROM CONSUMERS UPON THE PURCHASE OF NEW
 COVERED PRODUCTS. SUCH AGREEMENTS MAY  PROVIDE  FOR  REASONABLE  COMPEN-
 SATION  FOR  THE  ACTUAL  COSTS  THESE COLLECTION SITES INCUR TO HANDLE,
 STORE, AND (IF NECESSARY) TRANSPORT  COVERED  PRODUCTS  AND  MAY  SUPPLY
 COVERED   PRODUCTS  STORAGE  CONTAINERS  AT  NO  COST  TO  PARTICIPATING
 COLLECTION SITES. 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;
 S. 6419--A                          5
 
   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;
   (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 HOW THE  PROGRAM  WILL  MEET  ANNUAL  PERFORMANCE
 GOALS,  AS DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A MINIMUM, THE
 PROGRAM SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (1) A THIRTY PERCENT  RECYCLING  RATE  FOR  MATTRESSES  OF  WHICH  TEN
 PERCENT  SHALL  BE CLOSED-LOOP RECYCLING BY FIVE YEARS AFTER THE PLAN IS
 APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409 OF THIS TITLE;
   (2) A FIFTY PERCENT RECYCLING RATE  FOR  MATTRESSES  OF  WHICH  TWENTY
 PERCENT  SHALL  BE  CLOSED-LOOP RECYCLING BY TEN YEARS AFTER THE PLAN IS
 APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409  OF  THIS  TITLE;
 AND
   (3)  A SEVENTY-FIVE PERCENT RECYCLING RATE FOR CARPETS, OF WHICH FORTY
 PERCENT SHALL BE CLOSED-LOOP RECYCLING BY FIFTEEN YEARS AFTER  THE  PLAN
 IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409 OF THIS TITLE;
   (I)  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;
   (J) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (K)  DESCRIBE  THE  SOURCES OF DATA AND METHODOLOGY FOR ESTIMATING THE
 AMOUNT OF MATTRESSES DISCARDED IN THE STATE ANNUALLY;
   (L) DESCRIBE THE OUTREACH AND EDUCATION METHODS THAT WILL BE  USED  TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION; AND
   (M) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT.
 § 27-3405. PRODUCER RESPONSIBILITIES.
 S. 6419--A                          6
 
   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 BE RESPONSIBLE FOR
 THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE COLLECTION  PROGRAM,
 INCLUDING  BUT  NOT  LIMITED TO THE COST OF COLLECTION. EACH PRODUCER OR
 REPRESENTATIVE ORGANIZATION SHALL PAY FEES ESTABLISHED BY THE DEPARTMENT
 TO COVER COSTS INCURRED BY THE STATE IN THE ADMINISTRATION AND  ENFORCE-
 MENT  OF  THIS  TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE STATE SHALL
 ONLY RECOVER ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   5. 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.
   6.  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
 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.
   7. 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.
   8. 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;
 S. 6419--A                          7
 
   (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.
   9.  EACH  PRODUCER,  GROUP OF PRODUCERS OR REPRESENTATIVE ORGANIZATION
 SHALL SUBMIT AN ANNUAL REPORT TO  THE  DEPARTMENT  AS  PROVIDED  FOR  IN
 SUBDIVISION EIGHT OF THIS SECTION THAT ASSESSES COMPLIANCE WITH PERFORM-
 ANCE  GOALS  AND  DESCRIBES  ANY MODIFICATIONS NECESSARY TO ACHIEVE SUCH
 GOALS.
   10. 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,  REPRESENTATIVE
 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.
 § 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
 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.
 § 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
 S. 6419--A                          8
 
 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.
   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-
 S. 6419--A                          9
 
 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.
   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6419--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   establishing extended producer responsibility for mattresses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                 TITLE 34
              EXTENDED PRODUCER RESPONSIBILITY FOR MATTRESSES
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER PLAN.
         27-3405. PRODUCER RESPONSIBILITIES.
         27-3407. RETAILER, DISTRIBUTOR AND WHOLESALER RESPONSIBILITIES.
         27-3409. DEPARTMENT RESPONSIBILITIES.
         27-3411. MATTRESS COLLECTION PROGRAM ADVISORY BOARD.
         27-3413. MULTI-STATE COOPERATION.
         27-3415. ENFORCEMENT AND PENALTIES.
         27-3417. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CLOSED-LOOP RECYCLING" MEANS RECYCLING IN WHICH MATERIALS THAT ARE
 RECLAIMED ARE RETURNED TO THE ORIGINAL PROCESS  OR  PROCESSES  IN  WHICH
 THEY WERE GENERATED AND THEY ARE REUSED IN THE PRODUCTION PROCESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10633-06-3
 S. 6419--B                          2
              

 
   3.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 A CONSUMER MAY DISCARD COVERED PRODUCTS.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN INDI-
 VIDUAL, A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT
 CORPORATION,  THE  STATE,  A  PUBLIC  CORPORATION, PUBLIC SCHOOL, SCHOOL
 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.
   5. "COVERED PRODUCT" MEANS A MATTRESS.
   6. "DISCARDED COVERED PRODUCT" MEANS A COVERED PRODUCT THAT A CONSUMER
 HAS USED, ABANDONED, OR DISCARDED IN THE STATE.
   7. "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.
   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. "GOOD FAITH EFFORT" MEANS ALL REASONABLE AND ECONOMICALLY PRACTICAL
 EFFORTS BY A MATTRESS RECYCLING ORGANIZATION TO  IMPLEMENT  AN  APPROVED
 PROGRAM.
   10.  (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.
   11.  "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.
   12. "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.
 S. 6419--B                          3

   13.  "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
 FUEL  OR  ANY  CHEMICAL  CONVERSION  PROCESS,  OR  LANDFILL  DISPOSAL OF
 DISCARDED COVERED PRODUCTS OR DISCARDED PRODUCT COMPONENT MATERIALS.
   14. "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
   15.  "RECYCLING  RATE"  MEANS  THE  PERCENTAGE  OF  DISCARDED  COVERED
 PRODUCTS  THAT  IS  MANAGED  THROUGH  RECYCLING  OR REUSE, AS DEFINED BY
 SUBDIVISIONS THIRTEEN AND TWENTY 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.
   16.  "RENOVATE" MEANS TO ALTER A DISCARDED MATTRESS FOR RESALE THROUGH
 REPLACING THE TICKING OR FILLING, ADDING ADDITIONAL FILLING OR REPLACING
 COMPONENTS OF THE DISCARDED MATTRESS WITH  NEW  OR  RECYCLED  MATERIALS.
 RENOVATE  DOES NOT MEAN: (A) STRIPPING A DISCARDED MATTRESS OF THE TICK-
 ING OR FILLING WITHOUT ADDING NEW MATERIAL; OR (B) THE  SANITIZATION  OR
 STERILIZATION  OF  A  DISCARDED  MATTRESS  WITHOUT THE ALTERATION TO THE
 DISCARDED MATTRESS.
   17. "RENOVATOR" MEANS A PERSON THAT RENOVATES DISCARDED MATTRESSES.
   18. "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT  ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO IMPLEMENT THE
 MATTRESS COLLECTION PROGRAM.
   19. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
 PRODUCT TO A CONSUMER IN THE STATE.
   20. "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.
   21.  "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.
   22.  "SANITIZATION"  MEANS  THE  DIRECT  APPLICATION OF CHEMICALS TO A
 MATTRESS TO KILL PATHOGENS THAT CAUSE HUMAN DISEASE.
   23. "STERILIZATION" MEANS THE MITIGATION OF ANY DELETERIOUS SUBSTANCES
 OR ORGANISMS, INCLUDING PATHOGENS THAT CAUSE HUMAN  DISEASE,  FUNGI  AND
 INSECTS,  FROM  A  MATTRESS OR FILLING MATERIAL USING A CHEMICAL OR HEAT
 PROCESS.
   24. "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.
   25. "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
 S. 6419--B                          4
 
 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) A  DESCRIPTION  OF  HOW  THE  PROGRAM  WILL  PROVIDE  FOR  THE
 COLLECTION  OF COVERED PRODUCTS, FREE OF COST AND IN A MANNER CONVENIENT
 TO CONSUMERS, INCLUDING HOW THE PROGRAM WILL ACHIEVE, AT  A  MINIMUM,  A
 CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
 MUNICIPALITIES THAT HAVE A POPULATION OF TEN THOUSAND OR GREATER HAVE AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 THAT ACCEPTS COVERED PRODUCTS  FROM  CONSUMERS  DURING  NORMAL  BUSINESS
 HOURS;  HOWEVER,  WITH  RESPECT  TO  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE, AFTER CONSULTATION WITH THE DEPARTMENT OF SANITATION OF
 SUCH CITY, THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE CONVEN-
 IENCE STANDARD. THE PRODUCER,  GROUP  OF  PRODUCERS,  OR  REPRESENTATIVE
 ORGANIZATION  MAY  COORDINATE  THE PROGRAM WITH EXISTING MUNICIPAL WASTE
 COLLECTION INFRASTRUCTURE AS IS MUTUALLY AGREEABLE.  CONVENIENCE  STAND-
 ARDS  SHALL  BE EVALUATED BY THE DEPARTMENT PERIODICALLY AND THE DEPART-
 MENT MAY REQUIRE ADDITIONAL  COLLECTION  LOCATIONS  TO  ENSURE  ADEQUATE
 CONSUMER CONVENIENCE.  THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL
 MAKE A GOOD FAITH EFFORT TO COMPLY WITH THESE CONVENIENCE STANDARDS.
   (2)  TO  MEET  THESE  CONVENIENCE STANDARDS, THE PRODUCER OR REPRESEN-
 TATIVE 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 COVERED PRODUCTS;
   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
 S. 6419--B                          5
 
 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;
   (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 HOW THE  PROGRAM  WILL  MEET  ANNUAL  PERFORMANCE
 GOALS,  AS DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A MINIMUM, THE
 PROGRAM SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (1) A THIRTY PERCENT  RECYCLING  RATE  FOR  MATTRESSES  OF  WHICH  TEN
 PERCENT  SHALL  BE CLOSED-LOOP RECYCLING BY FIVE YEARS AFTER THE PLAN IS
 APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409 OF THIS TITLE;
   (2) A FIFTY PERCENT RECYCLING RATE  FOR  MATTRESSES  OF  WHICH  TWENTY
 PERCENT  SHALL  BE  CLOSED-LOOP RECYCLING BY TEN YEARS AFTER THE PLAN IS
 APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409  OF  THIS  TITLE;
 AND
   (3)  A SEVENTY-FIVE PERCENT RECYCLING RATE FOR CARPETS, OF WHICH FORTY
 PERCENT SHALL BE CLOSED-LOOP RECYCLING BY FIFTEEN YEARS AFTER  THE  PLAN
 IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409 OF THIS TITLE;
   (I)  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;
   (J) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (K)  DESCRIBE  THE  SOURCES OF DATA AND METHODOLOGY FOR ESTIMATING THE
 AMOUNT OF MATTRESSES DISCARDED IN THE STATE ANNUALLY;
   (L) DESCRIBE THE OUTREACH AND EDUCATION METHODS THAT WILL BE  USED  TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION; AND
   (M) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT.
 § 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 BE RESPONSIBLE FOR
 THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE COLLECTION  PROGRAM,
 S. 6419--B                          6
 
 INCLUDING  BUT  NOT  LIMITED TO THE COST OF COLLECTION. EACH PRODUCER OR
 REPRESENTATIVE ORGANIZATION SHALL PAY FEES ESTABLISHED BY THE DEPARTMENT
 TO COVER COSTS INCURRED BY THE STATE IN THE ADMINISTRATION AND  ENFORCE-
 MENT  OF  THIS  TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE STATE SHALL
 ONLY RECOVER ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   5. 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.
   6.    ANY  PERSON  WHO  BECOMES A PRODUCER ON OR AFTER JULY FIRST, TWO
 THOUSAND TWENTY-FIVE 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  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, REPRESENTATIVE
 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
 S. 6419--B                          7
 
 UNFAIR TRADE PRACTICE ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH
 THE PROGRAM PURSUANT TO THIS SECTION.
 § 27-3407. RETAILER, DISTRIBUTOR AND WHOLESALER RESPONSIBILITIES.
   1.  BEGINNING  JULY  FIRST,  TWO  THOUSAND  TWENTY-SIX,  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
 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.
 § 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 DEPARTMENT REJECTS THE  SUBSEQUENT  PROPOSAL,  THE
 PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
 ENFORCEMENT PROVISIONS.
   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.
   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;
 S. 6419--B                          8
 
   (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,  REPRESENTATIVE ORGANIZATION, RETAILER, DISTRIBUTOR, OR
 WHOLESALER 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.  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.
   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.
 S. 6419--B                          9
 
   § 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6419--D
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced by Sens. KAVANAGH, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation  --  committee  discharged,  bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported favorably from said committee and  committed  to
   the  Committee  on  Finance  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to the Committee on Environmental Conservation in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the environmental conservation law and the general busi-
   ness law, in relation to establishing extended producer responsibility
   for mattresses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                 TITLE 34
              EXTENDED PRODUCER RESPONSIBILITY FOR MATTRESSES
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER PLAN.
         27-3405. PRODUCER RESPONSIBILITIES.
         27-3407. RETAILER, DISTRIBUTOR AND WHOLESALER RESPONSIBILITIES.
         27-3409. DEPARTMENT RESPONSIBILITIES.
         27-3411. MATTRESS COLLECTION PROGRAM ADVISORY BOARD.
         27-3413. MULTI-STATE COOPERATION.
         27-3415. ENFORCEMENT AND PENALTIES.
         27-3417. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10633-12-4
              

 S. 6419--D                          2
 
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CLOSED-LOOP RECYCLING" MEANS RECYCLING IN WHICH MATERIALS THAT ARE
 RECLAIMED  ARE  RETURNED  TO  THE ORIGINAL PROCESS OR PROCESSES IN WHICH
 THEY WERE GENERATED AND THEY ARE REUSED IN THE PRODUCTION PROCESS.
   3. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT  WHICH
 A CONSUMER MAY DISCARD COVERED PRODUCTS.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN INDI-
 VIDUAL, A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT
 CORPORATION,  THE  STATE,  A  PUBLIC  CORPORATION, PUBLIC SCHOOL, SCHOOL
 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.
   5. "COVERED PRODUCT" MEANS A MATTRESS.
   6. "DISCARDED COVERED PRODUCT" MEANS A COVERED PRODUCT THAT A CONSUMER
 HAS USED, ABANDONED, OR DISCARDED IN THE STATE.
   7. "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.
   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.(A) "MATTRESS" MEANS ANY RESILIENT MATERIAL, OR COMBINATION OF MATE-
 RIALS 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.  "MATTRESS  COLLECTION  PROGRAM"  OR  "PROGRAM"  MEANS  A  PROGRAM
 FINANCED AND IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR THROUGH A
 REPRESENTATIVE  ORGANIZATION,  THAT PROVIDES FOR, BUT IS NOT LIMITED TO,
 THE COLLECTION, TRANSPORTATION,  REUSE,  RECYCLING,  PROPER  END-OF-LIFE
 MANAGEMENT,  OR AN APPROPRIATE COMBINATION THEREOF, OF DISCARDED COVERED
 PRODUCT.
   11. "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
 S. 6419--D                          3
 
   (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.
   12. "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.
   13. "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: (A) ENERGY
 RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING  BUT  NOT  LIMITED
 TO,  COMBUSTION,  INCINERATION,  PYROLYSIS, GASIFICATION, SOLVOLYSIS, OR
 WASTE TO FUEL; (B) ANY CHEMICAL  CONVERSION  PROCESS;  OR  (C)  LANDFILL
 DISPOSAL.
   14. "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
   15.  "RECYCLING  RATE"  MEANS  THE  PERCENTAGE  OF  DISCARDED  COVERED
 PRODUCTS THAT IS MANAGED THROUGH  RECYCLING  OR  REUSE,  AS  DEFINED  BY
 SUBDIVISIONS  THIRTEEN  AND  TWENTY  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.
   16. "RENOVATE" MEANS TO ALTER A DISCARDED MATTRESS FOR RESALE  THROUGH
 REPLACING THE TICKING OR FILLING, ADDING ADDITIONAL FILLING OR REPLACING
 COMPONENTS  OF  THE  DISCARDED  MATTRESS WITH NEW OR RECYCLED MATERIALS.
 RENOVATE DOES NOT MEAN: (A) STRIPPING A DISCARDED MATTRESS OF THE  TICK-
 ING  OR  FILLING WITHOUT ADDING NEW MATERIAL; OR (B) THE SANITIZATION OR
 STERILIZATION OF A DISCARDED MATTRESS  WITHOUT  THE  ALTERATION  TO  THE
 DISCARDED MATTRESS.
   17. "RENOVATOR" MEANS A PERSON THAT RENOVATES DISCARDED MATTRESSES.
   18.  "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED BY A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  THE
 MATTRESS COLLECTION PROGRAM.
   19. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
 PRODUCT TO A CONSUMER IN THE STATE.
   20. "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.
   21. "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.
   22. "SANITIZATION" MEANS THE DIRECT  APPLICATION  OF  CHEMICALS  TO  A
 MATTRESS TO KILL PATHOGENS THAT CAUSE HUMAN DISEASE.
   23. "STERILIZATION" MEANS THE MITIGATION OF ANY DELETERIOUS SUBSTANCES
 OR  ORGANISMS,  INCLUDING  PATHOGENS THAT CAUSE HUMAN DISEASE, FUNGI AND
 INSECTS, FROM A MATTRESS OR FILLING MATERIAL USING A  CHEMICAL  OR  HEAT
 PROCESS.
   24.  "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.
 S. 6419--D                          4
 
   25. "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 PRODUCER 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) A  DESCRIPTION  OF  HOW  THE  PROGRAM  WILL  PROVIDE  FOR  THE
 COLLECTION  OF COVERED PRODUCTS, FREE OF COST AND IN A MANNER CONVENIENT
 TO CONSUMERS, INCLUDING HOW THE PROGRAM WILL ACHIEVE, AT  A  MINIMUM,  A
 CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
 MUNICIPALITIES THAT HAVE A POPULATION OF TEN THOUSAND OR GREATER HAVE AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 THAT ACCEPTS COVERED PRODUCTS  FROM  CONSUMERS  DURING  NORMAL  BUSINESS
 HOURS;  HOWEVER,  WITH  RESPECT  TO  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE, AFTER CONSULTATION WITH THE DEPARTMENT OF SANITATION OF
 SUCH CITY, THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE CONVEN-
 IENCE STANDARD. THE PRODUCER,  GROUP  OF  PRODUCERS,  OR  REPRESENTATIVE
 ORGANIZATION  MAY  COORDINATE  THE PROGRAM WITH EXISTING MUNICIPAL WASTE
 COLLECTION INFRASTRUCTURE AS IS MUTUALLY AGREEABLE.  CONVENIENCE  STAND-
 ARDS  SHALL  BE EVALUATED BY THE DEPARTMENT PERIODICALLY AND THE DEPART-
 MENT MAY REQUIRE ADDITIONAL  COLLECTION  LOCATIONS  TO  ENSURE  ADEQUATE
 CONSUMER CONVENIENCE.
   (2)  TO  MEET  THESE  CONVENIENCE STANDARDS, THE PRODUCER OR REPRESEN-
 TATIVE 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 COVERED PRODUCTS;
   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;
 S. 6419--D                          5
 
   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;
   (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 STANDARDS UNDER WHICH ANY MATERIAL OR ARTICLE
 THAT INCLUDES COMPONENTS OF DISCARDED COVERED PRODUCTS MAY  BE  SOLD  AS
 "NEW"  UNDER  SECTION THREE HUNDRED EIGHTY-THREE OF THE GENERAL BUSINESS
 LAW;
   (H) A DESCRIPTION OF THE METHODS TO BE USED TO MANAGE  OR  DISPOSE  OF
 DISCARDED COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
   (I)  A  DESCRIPTION  OF  HOW  THE PROGRAM WILL MEET ANNUAL PERFORMANCE
 GOALS, AS DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A MINIMUM,  THE
 PROGRAM SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (1)  A  THIRTY  PERCENT  RECYCLING  RATE  FOR  MATTRESSES OF WHICH TEN
 PERCENT SHALL BE CLOSED-LOOP RECYCLING BY FIVE YEARS AFTER THE  PLAN  IS
 APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409 OF THIS TITLE;
   (2)  A  FIFTY  PERCENT  RECYCLING  RATE FOR MATTRESSES OF WHICH TWENTY
 PERCENT SHALL BE CLOSED-LOOP RECYCLING BY TEN YEARS AFTER  THE  PLAN  IS
 APPROVED  BY  THE  DEPARTMENT PURSUANT TO SECTION 27-3409 OF THIS TITLE;
 AND
   (3) A SEVENTY-FIVE PERCENT RECYCLING RATE  FOR  MATTRESSES,  OF  WHICH
 FORTY  PERCENT SHALL BE CLOSED-LOOP RECYCLING BY FIFTEEN YEARS AFTER THE
 PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409  OF  THIS
 TITLE;
   (J)  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;
   (K) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (L)  DESCRIBE  THE  SOURCES OF DATA AND METHODOLOGY FOR ESTIMATING THE
 AMOUNT OF MATTRESSES DISCARDED IN THE STATE ANNUALLY;
   (M) DESCRIBE THE OUTREACH AND EDUCATION METHODS THAT WILL BE  USED  TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION; AND
   (N) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT.
 § 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
 S. 6419--D                          6
 
 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 BE RESPONSIBLE FOR
 THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE COLLECTION  PROGRAM,
 INCLUDING  BUT  NOT  LIMITED TO THE COST OF COLLECTION. EACH PRODUCER OR
 REPRESENTATIVE ORGANIZATION SHALL PAY FEES ESTABLISHED BY THE DEPARTMENT
 TO COVER COSTS INCURRED BY THE  DEPARTMENT  IN  THE  ADMINISTRATION  AND
 ENFORCEMENT OF THIS TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE DEPART-
 MENT  SHALL  ONLY  BE  REIMBURSED  ITS ACTUAL COST OF ADMINISTRATION AND
 ENFORCEMENT.
   5. 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.
   6.    ANY  PERSON  WHO  BECOMES A PRODUCER ON OR AFTER JULY FIRST, TWO
 THOUSAND TWENTY-FIVE 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.
 S. 6419--D                          7
 
   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  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, REPRESENTATIVE
 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.
 § 27-3407. RETAILER, DISTRIBUTOR AND WHOLESALER RESPONSIBILITIES.
   1.  BEGINNING  JULY  FIRST,  TWO  THOUSAND  TWENTY-SIX,  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
 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.
 § 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 DEPARTMENT REJECTS THE  SUBSEQUENT  PROPOSAL,  THE
 PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
 ENFORCEMENT PROVISIONS.
   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;
 S. 6419--D                          8
 
   (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.
   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 SIXTY DAYS 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,  REPRESENTATIVE ORGANIZATION, RETAILER, DISTRIBUTOR, OR
 WHOLESALER WHO FAILS 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.    CIVIL PENALTIES UNDER THIS
 SECTION SHALL BE ASSESSED BY THE DEPARTMENT AFTER A HEARING OR  OPPORTU-
 NITY  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.
 S. 6419--D                          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 [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.
   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.  Subdivision  2  of  section 383 of the general business law, as
 amended by chapter 413 of the laws  of  2017,  is  amended  to  read  as
 follows:
   2.  "New" shall mean any material or article which has not been previ-
 ously used for any purpose, including by-products produced in the  manu-
 facture of new fabric, and material reclaimed from new fabric; PROVIDED,
 HOWEVER,  "NEW" SHALL INCLUDE ANY BEDDING COLLECTED AND RECYCLED THROUGH
 A MATTRESS COLLECTION PROGRAM THAT MEETS THE STANDARDS SET  FORTH  IN  A
 PRODUCER  PLAN  APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 PURSUANT TO TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN  OF  THE  ENVIRON-
 MENTAL CONSERVATION LAW;
   §  5.  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.