California 2025-2026 Regular Session

California Assembly Bill AB1478 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Amended IN Assembly March 24, 2025~~ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1478Introduced by Assembly Member HooverFebruary 21, 2025 An act to amend Section 42989 ~~42989.1~~ of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 1478, as ~~amended~~, Hoover. Used Mattress Recovery and Recycling Act: mattress recycling charge.The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a ~~an annual~~ budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program. ~~The act requires the charge to be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.~~This bill would make a nonsubstantive change to that provision. authorize the retailer or distributor to pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user and would exempt that retailer or distributor from the requirement to include the charge as a separate line item if the retailer or distributor fulfills certain requirements, including, among other things, that the retailer or distributor is not primarily engaged in the sale of mattresses to consumers or ultimate end users in the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~NOYES~~ Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42989.1 of the Public Resources Code is amended to read:42989.1. (a) Commencing Except as provided in subdivision (c), commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress. The charge shall be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.(b) The charges collected pursuant to subdivision (a) shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization.(c) A retailer or distributor may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress and is not required to include the charge on the invoice, receipt, or functionally equivalent document to the consumer as a separate line item if all of the following requirements are met:(1) The retailer or distributor is not primarily engaged in the sale of mattresses to a consumer or ultimate end user of the mattress in the state.(2) The retailer or distributor provides proof to the mattress recycling organization that the charge is not being passed onto the consumer or the ultimate end user of the mattress in the state.(3) The charge for each mattress sold by the retailer or distributor is fully and timely paid to the mattress recycling organization.(4) The retailer or distributor promotes consumer awareness about available mattress recycling options to its customers, including, but not limited to, retailer take back programs, collection sites, and mattress collection programs in local communities.SECTION 1.Section 42989 of the Public Resources Code is amended to read:42989.(a)The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b)(1)The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements in the approved budget.(2)The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c)(1)The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2)If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d)The charge shall be included in the annual program budget for approval by the department.(e)It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
	1	+	CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1478Introduced by Assembly Member HooverFebruary 21, 2025 An act to amend Section 42989 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 1478, as introduced, Hoover. Used Mattress Recovery and Recycling Act: mattress recycling charge.The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42989 of the Public Resources Code is amended to read:42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d) The charge shall be included in the annual program budget for approval by the department.(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
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3		-	~~Amended IN Assembly March 24, 2025~~ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1478Introduced by Assembly Member HooverFebruary 21, 2025 An act to amend Section 42989 ~~42989.1~~ of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 1478, as ~~amended~~, Hoover. Used Mattress Recovery and Recycling Act: mattress recycling charge.The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a ~~an annual~~ budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program. ~~The act requires the charge to be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.~~This bill would make a nonsubstantive change to that provision. authorize the retailer or distributor to pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user and would exempt that retailer or distributor from the requirement to include the charge as a separate line item if the retailer or distributor fulfills certain requirements, including, among other things, that the retailer or distributor is not primarily engaged in the sale of mattresses to consumers or ultimate end users in the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~NOYES~~ Local Program: NO
	3	+	CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1478Introduced by Assembly Member HooverFebruary 21, 2025 An act to amend Section 42989 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 1478, as introduced, Hoover. Used Mattress Recovery and Recycling Act: mattress recycling charge.The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Amended IN Assembly March 24, 2025
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7		-	Amended IN Assembly March 24, 2025
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	7	+
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9	9		CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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11	11		Assembly Bill
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13	13		No. 1478
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15	15		Introduced by Assembly Member HooverFebruary 21, 2025
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17	17		Introduced by Assembly Member Hoover
18	18		February 21, 2025
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20		-	An act to amend Section 42989 ~~42989.1~~ of the Public Resources Code, relating to recycling.
	20	+	An act to amend Section 42989 of the Public Resources Code, relating to recycling.
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22	22		LEGISLATIVE COUNSEL'S DIGEST
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24	24		## LEGISLATIVE COUNSEL'S DIGEST
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26		-	AB 1478, as ~~amended~~, Hoover. Used Mattress Recovery and Recycling Act: mattress recycling charge.
	26	+	AB 1478, as introduced, Hoover. Used Mattress Recovery and Recycling Act: mattress recycling charge.
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28		-	The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a ~~an annual~~ budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program. ~~The act requires the charge to be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.~~This bill would make a nonsubstantive change to that provision. authorize the retailer or distributor to pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user and would exempt that retailer or distributor from the requirement to include the charge as a separate line item if the retailer or distributor fulfills certain requirements, including, among other things, that the retailer or distributor is not primarily engaged in the sale of mattresses to consumers or ultimate end users in the state.
	28	+	The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program.This bill would make a nonsubstantive change to that provision.
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30		-	The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a ~~an annual~~ budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program. ~~The act requires the charge to be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.~~
	30	+	The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including a budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program.
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32		-	This bill would make a nonsubstantive change to that provision. authorize the retailer or distributor to pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user and would exempt that retailer or distributor from the requirement to include the charge as a separate line item if the retailer or distributor fulfills certain requirements, including, among other things, that the retailer or distributor is not primarily engaged in the sale of mattresses to consumers or ultimate end users in the state.
	32	+	This bill would make a nonsubstantive change to that provision.
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34	34		## Digest Key
35	35
36	36		## Bill Text
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38		-	The people of the State of California do enact as follows:SECTION 1. Section 42989.1 of the Public Resources Code is amended to read:42989.1. (a) Commencing Except as provided in subdivision (c), commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress. The charge shall be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.(b) The charges collected pursuant to subdivision (a) shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization.(c) A retailer or distributor may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress and is not required to include the charge on the invoice, receipt, or functionally equivalent document to the consumer as a separate line item if all of the following requirements are met:(1) The retailer or distributor is not primarily engaged in the sale of mattresses to a consumer or ultimate end user of the mattress in the state.(2) The retailer or distributor provides proof to the mattress recycling organization that the charge is not being passed onto the consumer or the ultimate end user of the mattress in the state.(3) The charge for each mattress sold by the retailer or distributor is fully and timely paid to the mattress recycling organization.(4) The retailer or distributor promotes consumer awareness about available mattress recycling options to its customers, including, but not limited to, retailer take back programs, collection sites, and mattress collection programs in local communities.SECTION 1.Section 42989 of the Public Resources Code is amended to read:42989.(a)The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b)(1)The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements in the approved budget.(2)The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c)(1)The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2)If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d)The charge shall be included in the annual program budget for approval by the department.(e)It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
	38	+	The people of the State of California do enact as follows:SECTION 1. Section 42989 of the Public Resources Code is amended to read:42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d) The charge shall be included in the annual program budget for approval by the department.(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
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40	40		The people of the State of California do enact as follows:
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42	42		## The people of the State of California do enact as follows:
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44		-	SECTION 1. Section 42989.1 of the Public Resources Code is amended to read:42989.1. (a) ~~Commencing Except as provided in subdivision (c), commencing 90 days after~~ the ~~date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user~~ of the mattress ~~in the state~~ shall ~~add the charge~~ to the purchase price of the mattress. The charge shall be ~~clearly visible on~~ the ~~invoice, receipt,~~ ~~or functionally equivalent document~~ by the ~~seller~~ to ~~the consumer as a separate line item.(b)~~ The ~~charges collected pursuant to subdivision (a) shall be remitted to~~ the mattress recycling ~~organization in accordance with procedures established by~~ the ~~mattress recycling organization.(c) A retailer or distributor may directly pay~~ the ~~applicable charge~~ to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress and is not required to include the charge on the invoice, receipt, or functionally equivalent document to the consumer as a separate line item if all of the following requirements are met:(1) The retailer or distributor is not primarily engaged in the sale of mattresses to a consumer or ultimate end user of the mattress in the state.(2) The retailer or distributor provides proof to the mattress recycling organization that the charge is not being passed onto the consumer or the ultimate end user of the mattress in the state.(3) The charge for each mattress sold by the retailer or distributor is fully and timely paid to the mattress recycling organization.(4) The retailer or distributor promotes consumer awareness about available mattress recycling options to its customers, including, but not limited to, retailer take back programs, collection sites, and mattress collection programs in local communities.
	44	+	SECTION 1. Section 42989 of the Public Resources Code is amended to read:42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d) The charge shall be included in the annual program budget for approval by the department.(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
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46		-	SECTION 1. Section 42989.1 of the Public Resources Code is amended to read:
	46	+	SECTION 1. Section 42989 of the Public Resources Code is amended to read:
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48	48		### SECTION 1.
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50		-	42989.1. (a) ~~Commencing Except as provided in subdivision (c), commencing 90 days after~~ the ~~date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user~~ of the mattress ~~in the state~~ shall ~~add the charge~~ to the purchase price of the mattress. The charge shall be ~~clearly visible on~~ the ~~invoice, receipt,~~ ~~or functionally equivalent document~~ by the ~~seller~~ to ~~the consumer as a separate line item.(b)~~ The ~~charges collected pursuant to subdivision (a) shall be remitted to~~ the mattress recycling ~~organization in accordance with procedures established by~~ the ~~mattress recycling organization.(c) A retailer or distributor may directly pay~~ the ~~applicable charge~~ to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress and is not required to include the charge on the invoice, receipt, or functionally equivalent document to the consumer as a separate line item if all of the following requirements are met:(1) The retailer or distributor is not primarily engaged in the sale of mattresses to a consumer or ultimate end user of the mattress in the state.(2) The retailer or distributor provides proof to the mattress recycling organization that the charge is not being passed onto the consumer or the ultimate end user of the mattress in the state.(3) The charge for each mattress sold by the retailer or distributor is fully and timely paid to the mattress recycling organization.(4) The retailer or distributor promotes consumer awareness about available mattress recycling options to its customers, including, but not limited to, retailer take back programs, collection sites, and mattress collection programs in local communities.
	50	+	42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d) The charge shall be included in the annual program budget for approval by the department.(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
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52		-	42989.1. (a) ~~Commencing Except as provided in subdivision (c), commencing 90 days after~~ the ~~date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user~~ of the mattress ~~in the state~~ shall ~~add the charge~~ to the purchase price of the mattress. The charge shall be ~~clearly visible on~~ the ~~invoice, receipt,~~ ~~or functionally equivalent document~~ by the ~~seller~~ to ~~the consumer as a separate line item.(b)~~ The ~~charges collected pursuant to subdivision (a) shall be remitted to~~ the mattress recycling ~~organization in accordance with procedures established by~~ the ~~mattress recycling organization.(c) A retailer or distributor may directly pay~~ the ~~applicable charge~~ to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress and is not required to include the charge on the invoice, receipt, or functionally equivalent document to the consumer as a separate line item if all of the following requirements are met:(1) The retailer or distributor is not primarily engaged in the sale of mattresses to a consumer or ultimate end user of the mattress in the state.(2) The retailer or distributor provides proof to the mattress recycling organization that the charge is not being passed onto the consumer or the ultimate end user of the mattress in the state.(3) The charge for each mattress sold by the retailer or distributor is fully and timely paid to the mattress recycling organization.(4) The retailer or distributor promotes consumer awareness about available mattress recycling options to its customers, including, but not limited to, retailer take back programs, collection sites, and mattress collection programs in local communities.
	52	+	42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d) The charge shall be included in the annual program budget for approval by the department.(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
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54		-	42989.1. (a) ~~Commencing Except as provided in subdivision (c), commencing 90 days after~~ the ~~date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user~~ of the mattress ~~in the state~~ shall ~~add the charge~~ to the purchase price of the mattress. The charge shall be ~~clearly visible on~~ the ~~invoice, receipt,~~ ~~or functionally equivalent document~~ by the ~~seller~~ to ~~the consumer as a separate line item.(b)~~ The ~~charges collected pursuant to subdivision (a) shall be remitted to~~ the mattress recycling ~~organization in accordance with procedures established by~~ the ~~mattress recycling organization.(c) A retailer or distributor may directly pay~~ the ~~applicable charge~~ to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress and is not required to include the charge on the invoice, receipt, or functionally equivalent document to the consumer as a separate line item if all of the following requirements are met:(1) The retailer or distributor is not primarily engaged in the sale of mattresses to a consumer or ultimate end user of the mattress in the state.(2) The retailer or distributor provides proof to the mattress recycling organization that the charge is not being passed onto the consumer or the ultimate end user of the mattress in the state.(3) The charge for each mattress sold by the retailer or distributor is fully and timely paid to the mattress recycling organization.(4) The retailer or distributor promotes consumer awareness about available mattress recycling options to its customers, including, but not limited to, retailer take back programs, collection sites, and mattress collection programs in local communities.
	54	+	42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.(d) The charge shall be included in the annual program budget for approval by the department.(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.
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58		-	42989.1. (a) ~~Commencing Except as provided in subdivision (c), commencing 90 days after~~ the ~~date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user~~ of the mattress ~~in the state~~ shall ~~add the charge~~ to the purchase price of the ~~mattress.~~ The charge ~~shall be clearly visible on~~ the ~~invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item~~.
	58	+	42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.
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60		-	(b) The charges collected pursuant to subdivision (a) shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization.
61		-
62		-	(c) A retailer or distributor may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress and is not required to include the charge on the invoice, receipt, or functionally equivalent document to the consumer as a separate line item if all of the following requirements are met:
63		-
64		-	(1) The retailer or distributor is not primarily engaged in the sale of mattresses to a consumer or ultimate end user of the mattress in the state.
65		-
66		-	(2) The retailer or distributor provides proof to the mattress recycling organization that the charge is not being passed onto the consumer or the ultimate end user of the mattress in the state.
67		-
68		-	(3) The charge for each mattress sold by the retailer or distributor is fully and timely paid to the mattress recycling organization.
69		-
70		-	(4) The retailer or distributor promotes consumer awareness about available mattress recycling options to its customers, including, but not limited to, retailer take back programs, collection sites, and mattress collection programs in local communities.
71		-
72		-
73		-
74		-
75		-
76		-	(a)The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.
77		-
78		-
79		-
80		-	(b)(1)The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements in the approved budget.
81		-
82		-
	60	+	(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.
83	61
84	62		(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.
85	63
86		-
87		-
88	64		(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days notice to the public before the change in the amount of the charge takes effect.
89		-
90		-
91	65
92	66		(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.
93	67
94		-
95		-
96	68		(d) The charge shall be included in the annual program budget for approval by the department.
97		-
98		-
99	69
100	70		(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.