Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H916 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3462 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 916
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Andres X. Vargas and Mindy Domb
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to assess the future of mattress recycling in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/20/2023Mindy Domb3rd Hampshire1/20/2023Vanna Howard17th Middlesex1/20/2023Jason M. LewisFifth Middlesex2/7/2023 1 of 19
16	16	HOUSE DOCKET, NO. 3462 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 916
18	18	By Representatives Vargas of Haverhill and Domb of Amherst, a petition (accompanied by bill,
19	19	House, No. 916) of Andres X. Vargas, Mindy Domb and others for legislation to assess the
20	20	future of mattress recycling. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to assess the future of mattress recycling in the Commonwealth.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 2 of Chapter 21H of the General Laws is hereby amended by
30	30	2inserting the following definitions:
31	31	3 (1)"Brand" means a name, symbol, word or mark that attributes a mattress to the
32	32	4producer of such mattress;
33	33	5 (2)“Commissioner” means the Commissioner of the Department of Environmental
34	34	6Protection;
35	35	7 (3)"Covered entity" means any political subdivision of the state, mattress retailer,
36	36	8permitted transfer station, waste-to-energy facility, health care facility, educational facility,
37	37	9military base or commercial or nonprofit lodging establishment that possesses a discarded
38	38	10mattress that was used and discarded in this state. "Covered entity" does not include any
39	39	11renovator, refurbisher or any person who only transports a discarded mattress; 2 of 19
40	40	12 (4)"Department" means the Department of Environmental Protection;
41	41	13 (5)"Discarded mattress" means any mattress that a consumer discarded, intends to
42	42	14discard or abandoned in the state;
43	43	15 (6)"Energy recovery" means the process by which all or a portion of solid waste
44	44	16materials are processed or combusted in order to utilize the heat content or other forms of energy
45	45	17derived
46	46	18 from such solid waste materials;
47	47	19 (7)"Foundation" means any ticking-covered structure that is used to support a
48	48	20mattress and that is composed of one or more of the following: A constructed frame, foam or a
49	49	21box spring, whether stationary, adjustable or foldable. "Foundation" does not include any bed
50	50	22frame or base made of wood, metal or other material that rests upon the floor and that serves as a
51	51	23brace for a mattress;
52	52	24 (8) “Institution” means established organizational entities including, but not limited to
53	53	25health care facilities, higher education facilities, military bases, public and private correctional
54	54	26facilities and jails, assisted living facilities, and group homes;
55	55	27 (9) "Mattress" means any resilient material or combination of materials that is enclosed
56	56	28by ticking, used alone or in combination with other products, and that is intended for or
57	57	29promoted for sleeping upon. "Mattress" includes any foundation and any used or renovated
58	58	30mattress. "Mattress" does not include any mattress pad, mattress topper, sleeping bag, pillow, car
59	59	31bed, carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib or bassinet
60	60	32mattress, crib bumper, liquid or gaseous filled ticking, including any water bed and any air 3 of 19
61	61	33mattress that does not contain upholstery material between the ticking and the mattress core, and
62	62	34upholstered furniture, including a sleeper sofa;
63	63	35 (10)"Mattress core" means the principal support system that is present in a mattress,
64	64	36including, but not limited to, springs, foam, air bladder, water bladder or resilient filling;
65	65	37 (11)"Mattress stewardship fee" means the amount added to the purchase price of a
66	66	38mattress sold to a consumer or to an ultimate end user in this state that is necessary to cover the
67	67	39cost of collecting, transporting and processing discarded mattresses by the council pursuant to
68	68	40the mattress stewardship program;
69	69	41 (12)"Mattress topper" means any item that contains resilient filling, with or without
70	70	42ticking, that is intended to be used with or on top of a mattress;
71	71	43 (13) “Non-profit social enterprise organization” means an organization that sells goods
72	72	44and services and enhances economic development and environmental justice through work
73	73	45opportunities in mattress recycling for individuals facing significant barriers to employment;
74	74	46 (14)"Performance goal" means a metric proposed by the council and approved by the
75	75	47department to measure, on an annual basis, the performance of the mattress stewardship
76	76	48program, taking into consideration technical and economic feasibilities, in achieving continuous,
77	77	49meaningful improvement in improving the rate of mattress recycling in the state and any other
78	78	50specified goal of the program. At a minimum, goals must include collection and recycling rates
79	79	51and public awareness;
80	80	52 (15)"Producer" means any person, irrespective of the selling technique used, including
81	81	53that of remote sale, who manufactures or renovates a mattress that is sold, offered for sale or 4 of 19
82	82	54distributed in the state under the producer's own name or brand. "Producer" includes (A) the
83	83	55owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in
84	84	56this state, whether or not such trademark or brand is registered in this state, and (B) any person
85	85	57who imports a mattress into the United States that is sold or offered for sale in this state and that
86	86	58is manufactured or renovated by a person who does not have a presence in the United States;
87	87	59 (16)"Renovate" or "renovation" means altering a mattress for the purpose of resale
88	88	60including any one, or a combination of, the following: Replacing the ticking or filling, adding
89	89	61additional filling, or replacing components with new or recycled materials. "Renovate" or
90	90	62"renovation" does not include (A) the stripping of a mattress of its ticking or filling without
91	91	63adding new material, (B) the sanitization or sterilization of a mattress without otherwise altering
92	92	64the mattress, or (C) the altering of a mattress by a renovator when a person retains the altered
93	93	65mattress for personal use, in accordance with regulations of the Department of Consumer and
94	94	66Business Services;
95	95	67 (17)"Renovator" means any person who renovates discarded mattresses for the
96	96	68purpose of reselling such mattresses to consumers;
97	97	69 (18)"Retailer" means any person who sells mattresses to a consumer or to an ultimate
98	98	70end user in this state or offers mattresses to a consumer in this state through any means,
99	99	71including but not limited to remote offerings such as sales outlets, catalogs or the Internet.
100	100	72 (19)"Sanitization" means the direct application of chemicals to a mattress to kill
101	101	73human disease-causing pathogens; 5 of 19
102	102	74 (20)"Sale" means the transfer of title of a mattress for consideration, including, but
103	103	75not limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means to a
104	104	76consumer or to an ultimate end user in the state;
105	105	77 (21)"Sterilization" means the mitigation of any deleterious substances or organisms,
106	106	78including human disease-causing pathogens, fungi and insects from a mattress or filling material
107	107	79using a chemical or heat process;
108	108	80 (22)"Ticking" means the outermost layer of fabric or material of a mattress. "Ticking"
109	109	81does not include any layer of fabric or material quilted together with, or otherwise attached to,
110	110	82the outermost layer of fabric or material of a mattress; and
111	111	83 (23)"Upholstery material" means all material, loose or attached, between the ticking
112	112	84and the core of a mattress.
113	113	85 (24) “Waste hauler” means any person who provides commercial, institutional, and
114	114	86residential solid waste removal services, including the removal and end-of-use management of
115	115	87discarded mattresses, in the state under the waste hauler’s own name and brand.
116	116	88 SECTION 2. Chapter 21H of the General Laws is hereby amended by inserting after
117	117	89Section 7 the following section:- Mattress Stewardship Program
118	118	90 Sec. 8. (a) Within 180 days following enactment of this act, each producer, or such
119	119	91producer's designee, shall join the mattress recycling council and by said date such council shall
120	120	92submit a plan, for approval by the Commissioner, to establish a state-wide mattress stewardship
121	121	93program, as described in this subsection. Retailers may participate in said council. Such mattress
122	122	94stewardship program shall, to the extent it is technologically feasible and economically practical: 6 of 19
123	123	95(1) provide for free, convenient and accessible state-wide opportunities for the receipt of
124	124	96discarded mattresses from any person in the state with a discarded mattress that was used and
125	125	97discarded in the state, including, but not limited to, participating covered entities that accumulate
126	126	98and segregate a minimum of one hundred discarded mattresses for collection at one time; (2)
127	127	99provide for free collection of discarded mattresses from transfer stations that accumulate and
128	128	100segregate fewer than fifty mattresses, provided the transfer stations require such collection due to
129	129	101space or permit requirements; (3) provide suitable storage containers at, or make other mutually
130	130	102agreeable storage and transport arrangements for, permitted transfer stations for segregated,
131	131	103discarded mattresses, at no cost to such municipality, provided such transfer station makes space
132	132	104available for such purpose and imposes no fee for placement of such storage container on the
133	133	105transfer station's premises; (4) provide that the organization will conduct research, as needed,
134	134	106related to improving used mattress collection, dismantling, and recycling operations, including
135	135	107pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise
136	136	108limited basis; and (5) include a mattress stewardship fee that is sufficient to cover the costs of
137	137	109operating and administering the program.
138	138	110 (b) The plan submitted pursuant to subsection (a) of this section shall: (1) identify each
139	139	111producer participating in the program; (2) describe the fee structure for the program and include
140	140	112a proposed budget; (3) establish performance goals for the program that clearly outline the
141	141	113maximum feasible level of recovery and recycling of used mattresses in support of the
142	142	114Commonwealth’s overall waste diversion goals as outlined in the department’s solid waste
143	143	115master plan; (4) identify proposed facilities to be used by the program; (5) Offer organizations
144	144	116that recycle or renovate discarded mattresses the opportunity to participate as collection sites; (6)
145	145	117meet minimum convenience goals approved by the department that provide communities, 7 of 19
146	146	118including but not limited, to small towns, rural towns, residents of multifamily housing
147	147	119structures, and environmental justice populations equitable access to collection sites and a
148	148	120timeline for implementing and achieving convenient access to the program; (7) detail how the
149	149	121program will promote the recycling of discarded mattresses consistent with the state’s solid
150	150	122waste management hierarchy; (8) include a description of the public education program; (9)
151	151	123 propose a mechanism to mitigate the costs associated with collection of discarded
152	152	124mattresses that are illegally dumped, which may include but need not be limited to proposals for
153	153	125funding of clean-up activities, for education and outreach or for studies to evaluate the causes of
154	154	126illegal dumping.
155	155	127 (c)The council shall establish and implement a fee structure that covers, but does not
156	156	128exceed, the costs of developing the plan described in subsection (b) of this section, operating and
157	157	129administering the program described in subsection (a) of this section and shall not maintain total
158	158	130reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements
159	159	131of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for-
160	160	132Profit Entities (Topic 958), and any future updates to that standard. If the council’s reserves
161	161	133exceed the amount specified, the department may require the organization to increase spending
162	162	134on implementing the requirements of this chapter in order to reduce the excess amount of
163	163	135reserves. The council may not use any moneys collected through a mattress stewardship fee to
164	164	136pay penalties assessed against the council. The council may initially set the fee as a flat rate and
165	165	137not as a percentage of the purchase price. During the third year of implementing a mattress
166	166	138stewardship program under a plan or initial plan, the council shall fund a study conducted by the
167	167	139department that examines (i) how the mattress stewardship fee can be differentiated to: 1)
168	168	140incentivize the reduction of toxics and resources (e.g., energy and water) associated with 8 of 19
169	169	141mattress production; 2) incentivize the use of post-consumer recycled content in mattress; and 3)
170	170	142discourage the use of mattress materials that pose challenges for the recycling of discarded
171	171	143mattresses; and (ii) the scope of discarded mattresses in this state that are not being collected as
172	172	144part of the council’s mattress stewardship program and recommendations on how to direct the
173	173	145discarded mattresses to, and include them, in the council’s program. The results of the study will
174	174	146be used to establish a system of differential fees within one year of completion of the study. The
175	175	147council shall maintain all records relating to the program for a period of not less than three years.
176	176	148 (d)The council shall include in its plan, and all future plans, the establishment of a
177	177	149new Employment Social Enterprise Impact Program based on written recommendations provided
178	178	150by the Commissioner. The goal of the program will be for the council to contract with a
179	179	151nonprofit entity that will provide recycling services to the council, as well as to foster the
180	180	152sustainability of nonprofit employment social enterprise organizations that sell goods and
181	181	153services and enhance economic development and environmental justice through the provision of
182	182	154work opportunities in mattress recycling for individuals facing significant barriers to
183	183	155employment. The program will be effective 90 days after the approval of a plan. Based on the
184	184	156submission of an application from an eligible nonprofit social employment enterprise, the
185	185	157council shall contract with at least one nonprofit employment social enterprise as a vendor for
186	186	158the collection, transportation and recycling of mattresses, assuming the nonprofit requests in its
187	187	159application to carry out all such services, during the four-year period of the initial plan. Eligible
188	188	160applicants will be 501c3 nonprofit employment social enterprise organizations that have a
189	189	161demonstrated and positive history of providing mattress recycling services in Massachusetts as
190	190	162an approved vendor to the department for at least five years while providing employment and
191	191	163professional skills training opportunities for individuals facing significant barriers to 9 of 19
192	192	164employment. In addition to the council’s funding for the collection, transportation, and recycling
193	193	165of mattresses, the department will provide such selected nonprofit a contract that includes an
194	194	166additional payment, known as a social impact payment, that will be provided as general
195	195	167operating support to help fund the offering of wraparound and work readiness services for those
196	196	168individuals receiving employment and training through the mattress recycling enterprise who
197	197	169face past barriers to employment, including but not limited to outreach, training, education,
198	198	170transitional employment services, case management, and administrative support. The additional
199	199	171social impact payment will equal no less than $40 per mattress recycled or reused by the
200	200	172nonprofit, not to exceed $1,500,000 per year. The nonprofit contracted by the council in its initial
201	201	173plan will be eligible to receive subsequent contracts for additional social impact payments by the
202	202	174department upon completion of the initial four-year plan. After the third year of the plan, the
203	203	175council will evaluate the opportunity to expand the Employment Social Enterprise Impact
204	204	176Program. Additionally, during the first four-year plan period, the selected nonprofit employment
205	205	177social enterprise will receive priority consideration in any bid or grant application through the
206	206	178council or department that supports mattress recycling, and will be eligible to receive grant
207	207	179awards from the department or council, as such programs are available, on a continual annual
208	208	180basis to best support the nonprofit’s sustainability.
209	209	181 (e)Pursuant to the program, recycling shall be preferred over any other disposal
210	210	182method for mattresses, to the extent that recycling is technologically feasible and economically
211	211	183practical.
212	212	184 (f) The nonprofit employment social enterprise shall, monthly. submit to the department a
213	213	185request for reimbursement that includes (i) the total number of mattresses collected and recycled
214	214	186by the nonprofit employment social enterprise. The department may (i) increase the minimum 10 of 19
215	215	187social impact payment, (ii) increase the annual cap on social impact payments, and (iii) adjust the
216	216	188reimbursement schedule.
217	217	189 (g)The Commissioner shall approve the plan for the establishment of the mattress
218	218	190stewardship program, provided such plan meets the requirements of subsections (a) to (c),
219	219	191inclusive, of this section. Not later than ninety days after submission of the plan pursuant to this
220	220	192section, the Commissioner shall make a determination whether to approve the plan. Prior to
221	221	193making such determination, the Commissioner shall post the plan on the department's Internet
222	222	194web site and solicit public comments on the plan for not less than thirty days. In the event that
223	223	195the Commissioner disapproves the plan because it does not meet the requirements of subsections
224	224	196(a) to (d), inclusive, of this section, the Commissioner shall describe the reasons for the
225	225	197disapproval in a notice of determination that the Commissioner shall provide to the council. The
226	226	198council shall revise and resubmit the plan to the Commissioner not later than forty-five days after
227	227	199receipt of notice of the Commissioner’s disapproval notice. Not later than forty-five days after
228	228	200receipt of the revised plan, the Commissioner shall review and approve or disapprove the revised
229	229	201plan and provide a notice of determination to the council. The council may resubmit a revised
230	230	202plan to the Commissioner for approval on not more than two occasions. If the council fails to
231	231	203submit a plan that is acceptable to the Commissioner because it does not meet the requirements
232	232	204of subsections (a) to (c), inclusive, of this section, the Commissioner shall modify a submitted
233	233	205plan to make it conform to the requirements of subsections (a) to (c), inclusive, of this section,
234	234	206and approve it. Not later than one hundred eighty days after the approval of a plan pursuant to
235	235	207this section, or one hundred eighty days, in the case of a plan modified by the Commissioner, the
236	236	208council shall implement the mattress stewardship program. The initial plan submitted by a
237	237	209council and approved by the department shall be valid for five years. At least 180 days before the 11 of 19
238	238	210expiration of a plan or initial plan, the council shall submit the plan to the department to be
239	239	211reapproved for an additional five years.
240	240	212 (h)(1) The council shall submit any proposed substantial change to the program to
241	241	213the Commissioner for approval. For the purposes of this subdivision, "substantial change"
242	242	214means: (A) A change in the processing facilities to be used for discarded mattresses collected
243	243	215pursuant to the program, (B) a material change to the system for collecting mattresses, (C) a
244	244	216change to the fee structure, (D) a change in the composition of the committee. If the
245	245	217Commissioner does not disapprove a proposed substantial change within ninety days of receipt
246	246	218of notification of such proposed substantial change, such proposed substantial change shall be
247	247	219deemed approved.
248	248	220 (2) Within 90 days following the end of the program’s second fiscal year, the council
249	249	221shall submit updated performance goals to the Commissioner that are based on the experience of
250	250	222the program during the first two years of the program and to ensure continued alignment with the
251	251	223department’s solid waste diversion goals.
252	252	224 (i)The council shall notify the Commissioner of other material changes to the
253	253	225program on an ongoing basis, without resubmission of the plan to the Commissioner for
254	254	226approval. The department may promulgate regulations regarding permissible changes without
255	255	227resubmission of the plan.
256	256	228 (j) Within 90 days following the end of the program’s second fiscal year and every
257	257	229two years thereafter, the council shall propose a mattress stewardship fee for all mattresses sold
258	258	230in this state except those products excluded from the definition of “Mattress” in Section 1. (k)
259	259	231 On and after the implementation of the mattress stewardship program, each manufacturer, 12 of 19
260	260	232renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end user in
261	261	233the state shall add the mattress stewardship fee, established pursuant to subsection (a) of this
262	262	234section and described in subsection (h) of this section, to the purchase price for such mattress and
263	263	235shall remit the fee collected to the council. In each transaction described above, the fee shall
264	264	236appear on the invoice and shall be accompanied by a brief description of the fee. The council
265	265	237shall determine the rules and procedures that are necessary and proper to implement the
266	266	238collection of the fee in a fair, efficient, and lawful manner. Any producer or retailer who fails to
267	267	239participate in such program shall not sell mattresses in this state.
268	268	240 (k)Not later than October fifteenth of each year, the council shall submit an annual
269	269	241report to the Commissioner of the for the most recently completed fiscal year. The
270	270	242Commissioner shall post such annual report on the department's Internet web site. The
271	271	243Commissioner shall review and approve the yearly annual report. Such report shall include: (1)
272	272	244Information on the number and tonnage of discarded mattresses collected pursuant to the
273	273	245mattress stewardship program from: (A) transfer stations, (B) retailers, (C) collection events, (D)
274	274	246employment social enterprise organizations and (E) all other covered entities during the previous
275	275	247calendar year at a sufficient level of disaggregation to determine how the program is performing
276	276	248in different regions of the state; (2) Information on the number and tonnage of program
277	277	249mattresses collected pursuant to the mattress stewardship program for renovation during the
278	278	250previous calendar year at a sufficient level of disaggregation to determine how the program is
279	279	251performing in different regions of the state; (3) the tonnage of mattresses diverted for recycling;
280	280	252(4) the weight of mattress materials recycled, as indicated by the weight of each of the
281	281	253commodities sold to secondary markets; (5) the weight of mattress materials sent for disposal at
282	282	254each of the following: (A) Waste-to-energy facilities, (B) landfills, and (C) any other facilities; 13 of 19
283	283	255(6) a summary of the public education that supports the program; (7) an evaluation of the
284	284	256effectiveness of methods and processes used to achieve performance goals of the program,
285	285	257information on progress made toward achieving the goals, an explanation of why any goals were
286	286	258not met during the previous calendar year and any efforts that will be taken to improve progress
287	287	259toward meeting the goals in the future, if applicable; (8) recommendations for any changes to the
288	288	260program; (9) the total sales of mattresses sold to consumers in this state in the previous calendar
289	289	261year by producers, renovators and retailers registered with the council; (10) the number of
290	290	262discarded mattresses received through collection that were not included in the program, the
291	291	263number of discarded mattresses that were illegally dumped as reported to the department, an
292	292	264analysis of how the data required by this paragraph has changed over time and strategies the
293	293	265council will take to address discarded mattresses that are not included in the program and
294	294	266discarded mattresses that are illegally dumped; and (11) the mattress recycling organization’s
295	295	267costs and revenues for the previous calendar year.
296	296	268 (l)The Commissioner of the Department of Environmental Protection shall appoint a
297	297	269mattress stewardship program advisory committee. The advisory committee shall be comprised
298	298	270with membership representation from the Commissioner of the Massachusetts Department of
299	299	271Environmental Protection, or his/her designee, who shall serve as chair of the committee; a
300	300	272representative from MassRecycle; two representatives from two different covered entities; a
301	301	273representative from a Massachusetts-based mattress recycling organization; a representative of
302	302	274an environmental nongovernmental organization; a representative of a social enterprise nonprofit
303	303	275organization involved in mattress recycling; and a representative of the International Sleep
304	304	276Products Association. The commissioner shall place great emphasis on selecting a diverse group
305	305	277of advisory committee members. The attorney general shall appoint one member to the advisory 14 of 19
306	306	278committee with expertise in consumer protection. The advisory committee shall meet not less
307	307	279than once every quarter and shall consult with the council and advise the department, including
308	308	280delivering written recommendations regarding: (1) The review of any plan for the development
309	309	281and implementation of a mattress stewardship program submitted to the department; (2) The
310	310	282review of any amendment to a plan; (3) The review of annual reports submitted by a council. The
311	311	283department may select and hire a third-party facilitator for the Advisory Committee, which shall
312	312	284be included among the administrative costs of the program, to be paid by producers or producer
313	313	285responsibility organizations.
314	314	286 (m)The council shall conduct during the third year of implementing a mattress
315	315	287stewardship program, and in consultation with the mattress stewardship program advisory
316	316	288committee and a minimum of three other community organizations invited by the advisory
317	317	289committee, a study evaluating the most effective methods of providing discarded mattress
318	318	290collection services to low-income individuals, environmental justice populations, municipalities
319	319	291with populations of less than 5,000 residents, and multifamily housing structures.
320	320	292 (n)Two years after the implementation of the program and every three years
321	321	293thereafter, or upon the request of the Commissioner but not more frequently than once a year, the
322	322	294council shall cause an audit of the program to be conducted by an auditor as described in
323	323	295subsection (h) of this section. Such audit shall review the accuracy of the council's data
324	324	296concerning the program and provide any other information requested by the Commissioner,
325	325	297consistent with the requirements of this section, provided such request does not require the
326	326	298disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for
327	327	299by the council. The council shall maintain all records relating to the program for not less than
328	328	300three years. 15 of 19
329	329	301 (o) Upon implementation of the mattress stewardship program described in section 2 of
330	330	302this act, any covered entity that participates in such program shall not charge for the receipt of
331	331	303discarded mattresses that are discarded in this state provided covered entities may charge a fee
332	332	304for providing the service of collecting mattresses.
333	333	305 (p) Each producer and the council shall be immune from liability for any claim of a
334	334	306violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to
335	335	307the extent such producer or council is exercising authority pursuant to the provisions of sections
336	336	3081 to 6, inclusive, of this act.
337	337	309 (q) (1) The Commissioner may seek civil enforcement of the provisions of sections 2 and
338	338	3103 of this act.
339	339	311 (2)Whenever, in the judgment of the Commissioner, any person has engaged in or is
340	340	312about to engage in any act, practice or omission that constitutes, or will constitute, a violation of
341	341	313any provision of section 2 or 3 of this act, the Attorney General may, at the request of the
342	342	314Commissioner, bring an action for an order enjoining such act, practice or omission. Such order
343	343	315may require any producer or renovator that violates the provisions of this Act to incur a civil
344	344	316penalty not to exceed $1,000 per day for each day of the violation and any retailer that violates
345	345	317the provisions of this Act incurs a civil penalty not to exceed $100 per day for each day of the
346	346	318violation. Upon a showing by the Commissioner that such person has engaged in or is about to
347	347	319engage in any such act, practice or omission, the court may issue a permanent or temporary
348	348	320injunction, restraining order or other order, as appropriate.
349	349	321 (3)Any action brought by the Attorney General pursuant to this section shall have
350	350	322 precedence in the order of trial. 16 of 19
351	351	323 (r) In the event that another state implements a mattress recycling program, the council
352	352	324may collaborate with such state to conserve efforts and resources used in carrying out the
353	353	325mattress stewardship program, provided such collaboration is consistent with the requirements of
354	354	326sections 1 to 6, inclusive, of this act.
355	355	327 (s) Nothing in this section shall prohibit the department from administering existing
356	356	328mattress recycling programs.
357	357	329 (t) The department shall establish an annual fee to be paid by the council that is
358	358	330reasonably calculated to cover the costs to the department to administer, implement and enforce
359	359	331this Act. The department shall provide notice to the council no later than June 1 of each year of
360	360	332the annual fee for the upcoming calendar year.
361	361	333 SECTION 3. Chapter 21H of the General Laws is hereby amended by inserting after
362	362	334Section 7 the following section:- “Section 9: Mattress Recycling Needs Assessment”
363	363	335 Section 9. Mattress Recycling Needs Assessment
364	364	336 (a) The department shall conduct a needs assessment, a copy of which is to be published
365	365	337on the department’s Internet website, and filed with the clerks of the house of representatives and
366	366	338the senate and the chairs of the joint committee on environment, natural resources and
367	367	339agriculture not later than October 5, 2023. This needs assessment and final report shall include:
368	368	340 (1) both a two-year and five-to-ten-year analysis of the state’s projected mattress
369	369	341recycling demand, volume, mattress recycling capacity, associated costs, resource and budgetary
370	370	342needs following the effective date of the updated regulations pursuant to 310 CMR 19.000,
371	371	343including: (A) a recommendation on the continuation of the state’s current role in mattress 17 of 19
372	372	344recycling and the possible expansion of its mattress recycling infrastructure, (B) an
373	373	345environmental impact analysis of the state’s current mattress recycling infrastructure, (C)
374	374	346recommendations and best practices for supporting municipalities with mattress collection,
375	375	347mattress transportation, and associated mattress recycling costs, (D) recommendations for
376	376	348continued social enterprise involvement with the statewide mattress recycling program, including
377	377	349a review of opportunities to increase additional community impacts through preferred
378	378	350partnerships with local non-profit social enterprises and organizations that recycle mattresses,
379	379	351and policy recommendations to reduce potential barriers to entry in the statewide mattress
380	380	352recycling program for social enterprise organizations, and (E) an analysis of the interests and
381	381	353concerns of various stakeholders, including, but not limited to (i) producers, (ii) online and out-
382	382	354of-state retailers, (iii) in-state retailers, (iv) municipalities, (v) commercial and non-profit social
383	383	355enterprise mattress recyclers, (vi) commercial waste haulers, (vii) institutions, (viii) the
384	384	356department, and (ix) consumers;
385	385	357 (2) both a two-year and five-to-ten-year analysis of (A) the future capacity of social
386	386	358enterprise engagement in the statewide mattress recycling program, (B) capacity to address
387	387	359recycling needs and coverage gaps across all regions in the commonwealth using a variety of
388	388	360strategies, including but not limited to commercial, non-profit or social enterprise vendors,
389	389	361regional or municipal mattress recycling services, retailer mattress take-back programs, producer
390	390	362responsibility programs, or waste hauler mattress collection services, and (C a determination of
391	391	363the necessity and feasibility of providing ongoing recycling-related logistical support for
392	392	364municipalities that host institutions of higher education with large off-campus student
393	393	365populations; 18 of 19
394	394	366 (3) policy recommendations for establishing proper end-of-use management standards for
395	395	367mattresses, including, but not limited to: (A) ensuring proper in-state disposal of discarded
396	396	368mattresses, including incentives to promote use of in-state mattress recycling infrastructure, (B)
397	397	369support for non-profit social enterprise mattress recycling entities, (C) monetary fines for
398	398	370improper or illegal disposal of mattresses, and (D) the feasibility of implementing a waste
399	399	371tracking system that ensures effective and legal end-of-use management of mattresses;
400	400	372 (4) policy recommendations for the continuation and improvement of a statewide
401	401	373mattress stewardship program; and
402	402	374 (5) recommendations for best practices to ensure broad and comprehensive public access
403	403	375to accurate online information about the availability of statewide mattress recycling options,
404	404	376access to such options, and proper mattress end-of-use management.
405	405	377 (b) As part of the needs assessment, the department shall solicit public input regarding
406	406	378end-of-use mattress recycling needs, gaps in departmental resource allocation and opportunities
407	407	379for increased programmatic support for municipalities with populations of less than 5,000
408	408	380throughout the Commonwealth. Not later than March 5, 2025, the department shall (i) hold not
409	409	381less than 4 public hearings in geographically-diverse municipalities across the commonwealth, 2
410	410	382of which shall be held in rural municipalities, to receive public testimony on the end-of-use
411	411	383mattress management needs of small and rural municipalities, and shall provide for remote
412	412	384participation; and (ii) solicit and accept written and electronic testimony submissions from the
413	413	385public. The department shall solicit public comment for at least 30 days and shall summarize the
414	414	386public input it receives in the needs assessment.
415	415	387 SECTION 4. Sections 1 and 2 of this act shall take effect upon its passage. 19 of 19
416	416	388 SECTION 5. Section 3 of this act shall take effect 180 days after its passage.