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.
