S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6436
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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
              

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

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6436--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, COLTON -- read once and referred to the
   Committee on Environmental Conservation -- recommitted to the  Commit-
   tee  on Environmental Conservation in accordance with Assembly Rule 3,
   sec. 2 -- 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 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. ENFORCEMENT AND PENALTIES.
         27-3415. 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 MATTRESSES.
   3. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR USES MATTRESSES, INCLUDING BUT NOT LIMITED TO AN INDIVIDUAL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10633-15-4
              

 A. 6436--A                          2
 
 A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT  CORPO-
 RATION, THE STATE, A PUBLIC CORPORATION, PUBLIC SCHOOL, SCHOOL DISTRICT,
 PRIVATE OR PAROCHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 OR  GOVERNMENTAL  ENTITY, BUT DOES NOT INCLUDE A RETAILER OR PERSON THAT
 ACQUIRES A MATTRESS SOLELY FOR PURPOSES OF RECYCLING.
   4. "DISCARDED MATTRESS" MEANS A MATTRESS THAT A CONSUMER HAS USED  AND
 DISCARDED IN THE STATE.
   5.  "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR OTHERWISE
 ACQUIRES A MATTRESS AND SELLS OR OFFERS TO SELL A MATTRESS TO  RETAILERS
 IN THIS STATE.
   6.  "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.
   7.  (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.
   8. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES OR RENOVATES MATTRESS-
 ES THAT ARE 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 MATTRESS 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 MATTRESSES 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.
   9. "RECYCLE" MEANS TO SEPARATE, DISMANTLE OR  PROCESS  THE  MATERIALS,
 COMPONENTS  OR  COMMODITIES  CONTAINED  IN MATTRESSES FOR THE PURPOSE OF
 PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR  REUSE  IN
 NEW  PRODUCTS  OR COMPONENTS. "RECYCLE" DOES NOT INCLUDE ENERGY RECOVERY
 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 MATTRESSES OR DISCARDED PRODUCT COMPONENT MATERIALS.
   10. "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
   11. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED MATTRESSES THAT
 IS  MANAGED  THROUGH RECYCLING OR REUSE, AS DEFINED BY SUBDIVISIONS NINE
 AND FOURTEEN OF THIS SECTION, AND IS COMPUTED BY DIVIDING THE AMOUNT  OF
 DISCARDED  MATTRESSES  COLLECTED  AND  RECYCLED  OR  REUSED BY THE TOTAL
 AMOUNT OF DISCARDED MATTRESSES COLLECTED AND REPORTED TO THE  DEPARTMENT
 A. 6436--A                          3
 
 BY  THE LANDFILLS AND SOLID WASTE FACILITIES IN THE STATE OVER A PROGRAM
 YEAR.
   12.  "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED BY A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  THE
 MATTRESS COLLECTION PROGRAM.
   13.  "RETAILER"  MEANS  ANY  PERSON  WHO  SELLS  OR  OFFERS FOR SALE A
 MATTRESS TO A CONSUMER IN THE STATE.
   14. "REUSE" MEANS DONATING OR SELLING A DISCARDED MATTRESS  BACK  INTO
 THE  MARKET  FOR  ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED MATTRESS
 RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS
 ORIGINAL PURPOSE.
   15. "SALE" OR "SELL" MEANS A TRANSFER  OF  TITLE  TO  A  MATTRESS  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 MATTRESS IS PROVIDED
 TO A CONSUMER IN THE STATE BY A PRODUCER,  DISTRIBUTOR,  WHOLESALER,  OR
 RETAILER.
   16.  "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.
   17. "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 DECEMBER THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SIX,  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, AT A MINIMUM, PROVIDE:
   (A)  A  LIST  OF EACH PARTICIPATING PROVIDER AND BRANDS COVERED BY THE
 PROGRAM;
   (B) A DESCRIPTION OF THE METHODS BY WHICH DISCARDED MATTRESSES  DELIV-
 ERED TO COLLECTION SITES WILL BE COLLECTED;
   (C)  (1) I. A DESCRIPTION OF HOW THE PRODUCER OR REPRESENTATIVE ORGAN-
 IZATION SHALL PROVIDE FOR A CONVENIENT AND COST-EFFECTIVE COLLECTION  OF
 MATTRESSES  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 EXISTING  MUNICIPAL  WASTE
 COLLECTION  INFRASTRUCTURE  AND  OTHER EXISTING PRODUCT COLLECTION CHAN-
 NELS.  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
 A. 6436--A                          4
 
 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.
   (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  TRANSPORT  MATTRESSES  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 MATTRESSES THAT THEY OWN OR USE, AND WHO HAVE COLLECTED AT LEAST
 ONE  HUNDRED RECYCLABLE MATTRESSES FOR RECYCLING, PROVIDE AT ITS EXPENSE
 AN APPROPRIATE STORAGE CONTAINER, TRANSPORTATION FROM A COLLECTION POINT
 TO A RECYCLER, AND SERVICES TO RECYCLE THE MATTRESSES; AND
   V. ENTER INTO VOLUNTARY AGREEMENTS WITH  RETAILERS  THAT  PICK  UP  OR
 ACCEPT MATTRESSES FROM CONSUMERS UPON THE PURCHASE OF A NEW MATTRESS FOR
 RECYCLING;
   (D)  THE  NAMES  AND  LOCATIONS OF COLLECTION SITES, TRANSPORTERS, AND
 RECYCLERS WHO WILL MANAGE DISCARDED MATTRESSES DELIVERED  TO  COLLECTION
 SITES AT THE TIME OF PLAN SUBMISSION;
   (E)  A  DESCRIPTION OF HOW THE DISCARDED MATTRESSES 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 MATTRESSES TO ENSURE THAT THE COMPONENTS, TO THE EXTENT FEASI-
 BLE, ARE TRANSFORMED OR REMANUFACTURED INTO FINISHED PRODUCTS FOR USE;
   (G)  A  DESCRIPTION  OF THE METHODS TO BE USED TO MANAGE OR DISPOSE OF
 DISCARDED MATTRESSES 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 MATTRESSES, AND HOW SUCH OUTREACH  WILL  BE  EVALUATED  FOR
 EFFECTIVENESS;
 A. 6436--A                          5
 
   (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  MATTRESSES  THAT WILL BE COLLECTED, REUSED, AND RECYCLED EACH
 CALENDAR YEAR;
   (J) A DESCRIPTION OF WHAT, IF ANY, INCENTIVES WILL BE USED TO  ENCOUR-
 AGE RETAILER PARTICIPATION;
   (K)  A  DESCRIPTION OF THE OUTREACH AND EDUCATION METHODS THAT WILL BE
 USED TO ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
 AND
   (L) 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 MULTI-YEAR 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  MATTRESS  TO  ANY
 PERSON IN THE STATE UNLESS THE PRODUCER IS IMPLEMENTING OR PARTICIPATING
 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 PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL BE RESPONSIBLE  FOR
 ALL  COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE MATTRESS COLLECTION
 PROGRAM. A PRODUCER  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.
   6.  ANY  PERSON  WHO  BECOMES  A PRODUCER ON OR AFTER DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-SIX 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 MATTRESS, 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. 6436--A                          6
 
   (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT,  TRANSPORT,
 AND  PROCESS  MATTRESSES  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 MATTRESSES 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  MATTRESSES  AND  ANY  COMPONENT
 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 OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT AN ANNUAL
 REPORT TO THE DEPARTMENT AS PROVIDED FOR IN SUBDIVISION  SEVEN  OF  THIS
 SECTION  THAT  ASSESSES  COMPLIANCE WITH PERFORMANCE 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 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SEVEN,  NO
 RETAILER,  DISTRIBUTOR,  OR  WHOLESALER  MAY  SELL  OR  OFFER  FOR  SALE
 MATTRESSES IN THIS STATE UNLESS  THE  PRODUCER  OF  SUCH  MATTRESSES  IS
 PARTICIPATING IN A MATTRESS COLLECTION PROGRAM. A RETAILER, DISTRIBUTOR,
 OR  WHOLESALER  SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE
 THE MATTRESSES 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.
 A. 6436--A                          7
 
   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-EIGHT AND EVERY  TWO  YEARS  THEREAFTER.  THE
 REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A) THE STREAM OF MATTRESSES IN THE STATE;
   (B) DISPOSAL, RECYCLING, AND REUSE RATES IN THE STATE OF MATTRESSES;
   (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 MATTRESSES
 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.
 A. 6436--A                          8
 
   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. ENFORCEMENT AND PENALTIES.
   ANY  PRODUCER  WHO  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.
 § 27-3415. 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.