S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1209
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, COLTON, OTIS, ROSENTHAL, EPSTEIN, LEVEN-
   BERG, ROZIC -- read once and referred to  the  Committee  on  Environ-
   mental 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 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,
 A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT  CORPO-
 RATION, THE STATE, A PUBLIC CORPORATION, PUBLIC SCHOOL, SCHOOL DISTRICT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03512-01-5
              

 A. 1209                             2
 
 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. "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.
   6. (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.
   7. "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.
   8.  "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:
   (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.
   9. "RECYCLER" MEANS A PERSON THAT ENGAGES IN RECYCLING.
   10. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED MATTRESSES THAT
 IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY SUBDIVISIONS  EIGHT
 AND  THIRTEEN OF THIS SECTION, AND IS COMPUTED BY DIVIDING THE AMOUNT OF
 DISCARDED MATTRESSES COLLECTED AND RECYCLED OR REUSED BY  THE  ESTIMATED
 TOTAL AMOUNT OF DISCARDED MATTRESSES GENERATED OVER A PROGRAM YEAR.
   11.  "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED BY A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  THE
 MATTRESS COLLECTION PROGRAM.
 A. 1209                             3
 
   12.  "RETAILER"  MEANS  ANY  PERSON  WHO  SELLS  OR  OFFERS FOR SALE A
 MATTRESS TO A CONSUMER IN THE STATE.
   13.  "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.
   14.  "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 OR RETAILER.
   15.  "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.
   16. "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-EIGHT,  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 THREE 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) INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
   (C) A DESCRIPTION OF HOW THE PRODUCER OR  REPRESENTATIVE  ORGANIZATION
 WILL COLLECT, TRANSPORT, RECYCLE, AND PROCESS DISCARDED MATTRESSES;
   (D)  (1) I. A DESCRIPTION OF HOW THE PRODUCER OR REPRESENTATIVE ORGAN-
 IZATION SHALL PROVIDE FOR A CONVENIENT AND COST-EFFECTIVE COLLECTION  OF
 DISCARDED  MATTRESSES,  WHICH  MAY  INCLUDE,  USING  EXISTING PUBLIC AND
 PRIVATE WASTE COLLECTION CHANNELS AND  COLLECTION  SITES  IN  THE  STATE
 PURSUANT  TO VOLUNTARY AGREEMENTS. 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-
 A. 1209                             4
 
 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  DISCARDED
 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;
   (E) 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;
   (F) A DESCRIPTION OF HOW THE DISCARDED MATTRESSES WILL BE  SAFELY  AND
 SECURELY TRANSPORTED, TRACKED, AND HANDLED FROM COLLECTION SITES THROUGH
 FINAL RECYCLING AND PROCESSING;
   (G)  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;
   (H) A DESCRIPTION OF THE METHODS TO BE USED TO MANAGE  OR  DISPOSE  OF
 DISCARDED MATTRESSES THAT CANNOT BE RECYCLED OR REUSED;
   (I)  A  DETAILED 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;
   (J) A DESCRIPTION OF HOW THE  PROGRAM  WILL  MEET  ANNUAL  PERFORMANCE
 GOALS,  INCLUDING  COLLECTION, RECYCLING, AND REUSE RATES, AS DETERMINED
 BY THE DEPARTMENT THROUGH RULES AND  REGULATIONS,  PROVIDED  THAT  AT  A
 MINIMUM, THE PROGRAM SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (I)  A FORTY PERCENT RECYCLING RATE OF MATTRESSES BY THREE YEARS AFTER
 THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO  SECTION  27-3409  OF
 THIS TITLE;
 A. 1209                             5
 
   (II)  A FIFTY-FIVE PERCENT RECYCLING RATE OF MATTRESSES BY SEVEN YEARS
 AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409
 OF THIS TITLE;
   (III)  A  SEVENTY  PERCENT  RECYCLING  RATE OF MATTRESSES BY TEN YEARS
 AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3409
 OF THIS TITLE;
   (K) A DESCRIPTION OF WHAT, IF ANY, INCENTIVES WILL BE USED TO  ENCOUR-
 AGE RETAILER PARTICIPATION;
   (L)  A  DESCRIPTION OF THE OUTREACH AND EDUCATION METHODS THAT WILL BE
 USED TO ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
 AND
   (M) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT TO IMPLEMENT  THE
 PROGRAM.
 § 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  (D)  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-EIGHT 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) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT,  TRANSPORT,
 AND  PROCESS  DISCARDED  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;
 A. 1209                             6
 
   (C)  THE ESTIMATED WEIGHT OF ALL DISCARDED MATTRESSES COLLECTED, RECY-
 CLED, OR REUSED 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 REPRESENTATIVE ORGANIZATION SHALL NOT BE LIABLE
 FOR ANY CLAIM OF A VIOLATION OF ANTITRUST, RESTRAINT OF TRADE, OR UNFAIR
 TRADE PRACTICE ARISING FROM AN ACTION UNDERTAKEN, IN ACCORDANCE  WITH  A
 MATTRESS  COLLECTION  PROGRAM  APPROVED  BY  THE  DEPARTMENT,  SOLELY TO
 INCREASE THE COLLECTION AND RECYCLING OF MATTRESSES, WHICH  AFFECTS  THE
 TYPES AND QUANTITIES BEING COLLECTED AND RECYCLED OR THE COST AND STRUC-
 TURE  OF  SUCH  COLLECTION  PROGRAM  THAT THE PRODUCER OR REPRESENTATIVE
 ORGANIZATION IS PARTICIPATING IN PURSUANT TO THIS TITLE.
   (B) PROVIDED, HOWEVER, PARAGRAPH (A) OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO ANY AGREEMENT ESTABLISHING OR AFFECTING THE PRICE OR OUTPUT OF
 MATTRESSES OR RESTRICTING THE GEOGRAPHIC  AREA  OR  CUSTOMERS  TO  WHICH
 MATTRESSES WILL BE SOLD.
 § 27-3407. RETAILER RESPONSIBILITIES.
   1.  BEGINNING  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-NINE, NO
 RETAILER 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 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 MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
 COLLECTION SITE PURSUANT TO A MATTRESS COLLECTION PROGRAM AND IN ACCORD-
 ANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
 § 27-3409. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL MAINTAIN A LIST OF PRODUCERS, INCLUDING A LIST
 OF  SUCH  PRODUCERS'  BRANDS,  WHO  ARE PARTICIPATING UNDER A DEPARTMENT
 APPROVED PLAN 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
 A. 1209                             7

 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  THIRTY 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.
   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. ENFORCEMENT AND PENALTIES.
   ANY PRODUCER, REPRESENTATIVE ORGANIZATION, OR  RETAILER  WHO  VIOLATES
 ANY  PROVISION  OF  OR 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
 A. 1209                             8
 
 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, 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.
   § 3. This act shall take effect immediately.