Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S513 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2108 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 513
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward J. Kennedy
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 :Edward J. KennedyFirst MiddlesexVanna Howard17th Middlesex 1 of 19
16	16	SENATE DOCKET, NO. 2108 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 513
18	18	By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 513) of Edward J. Kennedy and
19	19	Vanna Howard for legislation to assess the future of mattress recycling in the Commonwealth.
20	20	Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2922 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to assess the future of mattress recycling in the Commonwealth.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 2 of Chapter 21H of the General Laws is hereby amended by
32	32	2inserting the following definitions:
33	33	3 (1)"Brand" means a name, symbol, word or mark that attributes a mattress to the
34	34	4producer of such mattress;
35	35	5 (2)“Commissioner” means the Commissioner of the Department of Environmental
36	36	6Protection;
37	37	7 (3)"Covered entity" means any political subdivision of the state, mattress retailer,
38	38	8permitted transfer station, waste-to-energy facility, health care facility, educational facility,
39	39	9military base or commercial or nonprofit lodging establishment that possesses a discarded 2 of 19
40	40	10mattress that was used and discarded in this state. "Covered entity" does not include any
41	41	11renovator, refurbisher or any person who only transports a discarded mattress;
42	42	12 (4)"Department" means the Department of Environmental Protection;
43	43	13 (5)"Discarded mattress" means any mattress that a consumer discarded, intends to
44	44	14discard or abandoned in the state;
45	45	15 (6)"Energy recovery" means the process by which all or a portion of solid waste
46	46	16materials are processed or combusted in order to utilize the heat content or other forms of energy
47	47	17derived
48	48	18 from such solid waste materials;
49	49	19 (7)"Foundation" means any ticking-covered structure that is used to support a
50	50	20mattress and that is composed of one or more of the following: A constructed frame, foam or a
51	51	21box spring, whether stationary, adjustable or foldable. "Foundation" does not include any bed
52	52	22frame or base made of wood, metal or other material that rests upon the floor and that serves as a
53	53	23brace for a mattress;
54	54	24 (8) “Institution” means established organizational entities including, but not limited to
55	55	25health care facilities, higher education facilities, military bases, public and private correctional
56	56	26facilities and jails, assisted living facilities, and group homes;
57	57	27 (9) "Mattress" means any resilient material or combination of materials that is enclosed
58	58	28by ticking, used alone or in combination with other products, and that is intended for or
59	59	29promoted for sleeping upon. "Mattress" includes any foundation and any used or renovated
60	60	30mattress. "Mattress" does not include any mattress pad, mattress topper, sleeping bag, pillow, car 3 of 19
61	61	31bed, carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib or bassinet
62	62	32mattress, crib bumper, liquid or gaseous filled ticking, including any water bed and any air
63	63	33mattress that does not contain upholstery material between the ticking and the mattress core, and
64	64	34upholstered furniture, including a sleeper sofa;
65	65	35 (10)"Mattress core" means the principal support system that is present in a mattress,
66	66	36including, but not limited to, springs, foam, air bladder, water bladder or resilient filling;
67	67	37 (11)"Mattress stewardship fee" means the amount added to the purchase price of a
68	68	38mattress sold to a consumer or to an ultimate end user in this state that is necessary to cover the
69	69	39cost of collecting, transporting and processing discarded mattresses by the council pursuant to
70	70	40the mattress stewardship program;
71	71	41 (12)"Mattress topper" means any item that contains resilient filling, with or without
72	72	42ticking, that is intended to be used with or on top of a mattress;
73	73	43 (13) “Non-profit social enterprise organization” means an organization that sells goods
74	74	44and services and enhances economic development and environmental justice through work
75	75	45opportunities in mattress recycling for individuals facing significant barriers to employment;
76	76	46 (14)"Performance goal" means a metric proposed by the council and approved by the
77	77	47department to measure, on an annual basis, the performance of the mattress stewardship
78	78	48program, taking into consideration technical and economic feasibilities, in achieving continuous,
79	79	49meaningful improvement in improving the rate of mattress recycling in the state and any other
80	80	50specified goal of the program. At a minimum, goals must include collection and recycling rates
81	81	51and public awareness; 4 of 19
82	82	52 (15)"Producer" means any person, irrespective of the selling technique used, including
83	83	53that of remote sale, who manufactures or renovates a mattress that is sold, offered for sale or
84	84	54distributed in the state under the producer's own name or brand. "Producer" includes (A) the
85	85	55owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in
86	86	56this state, whether or not such trademark or brand is registered in this state, and (B) any person
87	87	57who imports a mattress into the United States that is sold or offered for sale in this state and that
88	88	58is manufactured or renovated by a person who does not have a presence in the United States;
89	89	59 (16)"Renovate" or "renovation" means altering a mattress for the purpose of resale
90	90	60including any one, or a combination of, the following: Replacing the ticking or filling, adding
91	91	61additional filling, or replacing components with new or recycled materials. "Renovate" or
92	92	62"renovation" does not include (A) the stripping of a mattress of its ticking or filling without
93	93	63adding new material, (B) the sanitization or sterilization of a mattress without otherwise altering
94	94	64the mattress, or (C) the altering of a mattress by a renovator when a person retains the altered
95	95	65mattress for personal use, in accordance with regulations of the Department of Consumer and
96	96	66Business Services;
97	97	67 (17)"Renovator" means any person who renovates discarded mattresses for the
98	98	68purpose of reselling such mattresses to consumers;
99	99	69 (18)"Retailer" means any person who sells mattresses to a consumer or to an ultimate
100	100	70end user in this state or offers mattresses to a consumer in this state through any means,
101	101	71including but not limited to remote offerings such as sales outlets, catalogs or the Internet.
102	102	72 (19)"Sanitization" means the direct application of chemicals to a mattress to kill
103	103	73human disease-causing pathogens; 5 of 19
104	104	74 (20)"Sale" means the transfer of title of a mattress for consideration, including, but
105	105	75not limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means to a
106	106	76consumer or to an ultimate end user in the state;
107	107	77 (21)"Sterilization" means the mitigation of any deleterious substances or organisms,
108	108	78including human disease-causing pathogens, fungi and insects from a mattress or filling material
109	109	79using a chemical or heat process;
110	110	80 (22)"Ticking" means the outermost layer of fabric or material of a mattress. "Ticking"
111	111	81does not include any layer of fabric or material quilted together with, or otherwise attached to,
112	112	82the outermost layer of fabric or material of a mattress; and
113	113	83 (23)"Upholstery material" means all material, loose or attached, between the ticking
114	114	84and the core of a mattress.
115	115	85 (24) “Waste hauler” means any person who provides commercial, institutional, and
116	116	86residential solid waste removal services, including the removal and end-of-use management of
117	117	87discarded mattresses, in the state under the waste hauler’s own name and brand.
118	118	88 SECTION 2. Chapter 21H of the General Laws is hereby amended by inserting after
119	119	89Section 7 the following section:- Mattress Stewardship Program
120	120	90 Sec. 8. (a) Within 180 days following enactment of this act, each producer, or such
121	121	91producer's designee, shall join the mattress recycling council and by said date such council shall
122	122	92submit a plan, for approval by the Commissioner, to establish a state-wide mattress stewardship
123	123	93program, as described in this subsection. Retailers may participate in said council. Such mattress
124	124	94stewardship program shall, to the extent it is technologically feasible and economically practical: 6 of 19
125	125	95(1) provide for free, convenient and accessible state-wide opportunities for the receipt of
126	126	96discarded mattresses from any person in the state with a discarded mattress that was used and
127	127	97discarded in the state, including, but not limited to, participating covered entities that accumulate
128	128	98and segregate a minimum of one hundred discarded mattresses for collection at one time; (2)
129	129	99provide for free collection of discarded mattresses from transfer stations that accumulate and
130	130	100segregate fewer than fifty mattresses, provided the transfer stations require such collection due to
131	131	101space or permit requirements; (3) provide suitable storage containers at, or make other mutually
132	132	102agreeable storage and transport arrangements for, permitted transfer stations for segregated,
133	133	103discarded mattresses, at no cost to such municipality, provided such transfer station makes space
134	134	104available for such purpose and imposes no fee for placement of such storage container on the
135	135	105transfer station's premises; (4) provide that the organization will conduct research, as needed,
136	136	106related to improving used mattress collection, dismantling, and recycling operations, including
137	137	107pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise
138	138	108limited basis; and (5) include a mattress stewardship fee that is sufficient to cover the costs of
139	139	109operating and administering the program.
140	140	110 (b) The plan submitted pursuant to subsection (a) of this section shall: (1) identify each
141	141	111producer participating in the program; (2) describe the fee structure for the program and include
142	142	112a proposed budget; (3) establish performance goals for the program that clearly outline the
143	143	113maximum feasible level of recovery and recycling of used mattresses in support of the
144	144	114Commonwealth’s overall waste diversion goals as outlined in the department’s solid waste
145	145	115master plan; (4) identify proposed facilities to be used by the program; (5) Offer organizations
146	146	116that recycle or renovate discarded mattresses the opportunity to participate as collection sites; (6)
147	147	117meet minimum convenience goals approved by the department that provide communities, 7 of 19
148	148	118including but not limited, to small towns, rural towns, residents of multifamily housing
149	149	119structures, and environmental justice populations equitable access to collection sites and a
150	150	120timeline for implementing and achieving convenient access to the program; (7) detail how the
151	151	121program will promote the recycling of discarded mattresses consistent with the state’s solid
152	152	122waste management hierarchy; (8) include a description of the public education program; (9)
153	153	123 propose a mechanism to mitigate the costs associated with collection of discarded
154	154	124mattresses that are illegally dumped, which may include but need not be limited to proposals for
155	155	125funding of clean-up activities, for education and outreach or for studies to evaluate the causes of
156	156	126illegal dumping.
157	157	127 (c)The council shall establish and implement a fee structure that covers, but does not
158	158	128exceed, the costs of developing the plan described in subsection (b) of this section, operating and
159	159	129administering the program described in subsection (a) of this section and shall not maintain total
160	160	130reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements
161	161	131of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for-
162	162	132Profit Entities (Topic 958), and any future updates to that standard. If the council’s reserves
163	163	133exceed the amount specified, the department may require the organization to increase spending
164	164	134on implementing the requirements of this chapter in order to reduce the excess amount of
165	165	135reserves. The council may not use any moneys collected through a mattress stewardship fee to
166	166	136pay penalties assessed against the council. The council may initially set the fee as a flat rate and
167	167	137not as a percentage of the purchase price. During the third year of implementing a mattress
168	168	138stewardship program under a plan or initial plan, the council shall fund a study conducted by the
169	169	139department that examines (i) how the mattress stewardship fee can be differentiated to: 1)
170	170	140incentivize the reduction of toxics and resources (e.g., energy and water) associated with 8 of 19
171	171	141mattress production; 2) incentivize the use of post-consumer recycled content in mattress; and 3)
172	172	142discourage the use of mattress materials that pose challenges for the recycling of discarded
173	173	143mattresses; and (ii) the scope of discarded mattresses in this state that are not being collected as
174	174	144part of the council’s mattress stewardship program and recommendations on how to direct the
175	175	145discarded mattresses to, and include them, in the council’s program. The results of the study will
176	176	146be used to establish a system of differential fees within one year of completion of the study. The
177	177	147council shall maintain all records relating to the program for a period of not less than three years.
178	178	148 (d)The council shall include in its plan, and all future plans, the establishment of a
179	179	149new Employment Social Enterprise Impact Program based on written recommendations provided
180	180	150by the Commissioner. The goal of the program will be for the council to contract with a
181	181	151nonprofit entity that will provide recycling services to the council, as well as to foster the
182	182	152sustainability of nonprofit employment social enterprise organizations that sell goods and
183	183	153services and enhance economic development and environmental justice through the provision of
184	184	154work opportunities in mattress recycling for individuals facing significant barriers to
185	185	155employment. The program will be effective 90 days after the approval of a plan. Based on the
186	186	156submission of an application from an eligible nonprofit social employment enterprise, the
187	187	157council shall contract with at least one nonprofit employment social enterprise as a vendor for
188	188	158the collection, transportation and recycling of mattresses, assuming the nonprofit requests in its
189	189	159application to carry out all such services, during the four-year period of the initial plan. Eligible
190	190	160applicants will be 501c3 nonprofit employment social enterprise organizations that have a
191	191	161demonstrated and positive history of providing mattress recycling services in Massachusetts as
192	192	162an approved vendor to the department for at least five years while providing employment and
193	193	163professional skills training opportunities for individuals facing significant barriers to 9 of 19
194	194	164employment. In addition to the council’s funding for the collection, transportation, and recycling
195	195	165of mattresses, the department will provide such selected nonprofit a contract that includes an
196	196	166additional payment, known as a social impact payment, that will be provided as general
197	197	167operating support to help fund the offering of wraparound and work readiness services for those
198	198	168individuals receiving employment and training through the mattress recycling enterprise who
199	199	169face past barriers to employment, including but not limited to outreach, training, education,
200	200	170transitional employment services, case management, and administrative support. The additional
201	201	171social impact payment will equal no less than $40 per mattress recycled or reused by the
202	202	172nonprofit, not to exceed $1,500,000 per year. The nonprofit contracted by the council in its initial
203	203	173plan will be eligible to receive subsequent contracts for additional social impact payments by the
204	204	174department upon completion of the initial four-year plan. After the third year of the plan, the
205	205	175council will evaluate the opportunity to expand the Employment Social Enterprise Impact
206	206	176Program. Additionally, during the first four-year plan period, the selected nonprofit employment
207	207	177social enterprise will receive priority consideration in any bid or grant application through the
208	208	178council or department that supports mattress recycling, and will be eligible to receive grant
209	209	179awards from the department or council, as such programs are available, on a continual annual
210	210	180basis to best support the nonprofit’s sustainability.
211	211	181 (e)Pursuant to the program, recycling shall be preferred over any other disposal
212	212	182method for mattresses, to the extent that recycling is technologically feasible and economically
213	213	183practical.
214	214	184 (f) The nonprofit employment social enterprise shall, monthly. submit to the department a
215	215	185request for reimbursement that includes (i) the total number of mattresses collected and recycled
216	216	186by the nonprofit employment social enterprise. The department may (i) increase the minimum 10 of 19
217	217	187social impact payment, (ii) increase the annual cap on social impact payments, and (iii) adjust the
218	218	188reimbursement schedule.
219	219	189 (g)The Commissioner shall approve the plan for the establishment of the mattress
220	220	190stewardship program, provided such plan meets the requirements of subsections (a) to (c),
221	221	191inclusive, of this section. Not later than ninety days after submission of the plan pursuant to this
222	222	192section, the Commissioner shall make a determination whether to approve the plan. Prior to
223	223	193making such determination, the Commissioner shall post the plan on the department's Internet
224	224	194web site and solicit public comments on the plan for not less than thirty days. In the event that
225	225	195the Commissioner disapproves the plan because it does not meet the requirements of subsections
226	226	196(a) to (d), inclusive, of this section, the Commissioner shall describe the reasons for the
227	227	197disapproval in a notice of determination that the Commissioner shall provide to the council. The
228	228	198council shall revise and resubmit the plan to the Commissioner not later than forty-five days after
229	229	199receipt of notice of the Commissioner’s disapproval notice. Not later than forty-five days after
230	230	200receipt of the revised plan, the Commissioner shall review and approve or disapprove the revised
231	231	201plan and provide a notice of determination to the council. The council may resubmit a revised
232	232	202plan to the Commissioner for approval on not more than two occasions. If the council fails to
233	233	203submit a plan that is acceptable to the Commissioner because it does not meet the requirements
234	234	204of subsections (a) to (c), inclusive, of this section, the Commissioner shall modify a submitted
235	235	205plan to make it conform to the requirements of subsections (a) to (c), inclusive, of this section,
236	236	206and approve it. Not later than one hundred eighty days after the approval of a plan pursuant to
237	237	207this section, or one hundred eighty days, in the case of a plan modified by the Commissioner, the
238	238	208council shall implement the mattress stewardship program. The initial plan submitted by a
239	239	209council and approved by the department shall be valid for five years. At least 180 days before the 11 of 19
240	240	210expiration of a plan or initial plan, the council shall submit the plan to the department to be
241	241	211reapproved for an additional five years.
242	242	212 (h)(1) The council shall submit any proposed substantial change to the program to
243	243	213the Commissioner for approval. For the purposes of this subdivision, "substantial change"
244	244	214means: (A) A change in the processing facilities to be used for discarded mattresses collected
245	245	215pursuant to the program, (B) a material change to the system for collecting mattresses, (C) a
246	246	216change to the fee structure, (D) a change in the composition of the committee. If the
247	247	217Commissioner does not disapprove a proposed substantial change within ninety days of receipt
248	248	218of notification of such proposed substantial change, such proposed substantial change shall be
249	249	219deemed approved.
250	250	220 (2) Within 90 days following the end of the program’s second fiscal year, the council
251	251	221shall submit updated performance goals to the Commissioner that are based on the experience of
252	252	222the program during the first two years of the program and to ensure continued alignment with the
253	253	223department’s solid waste diversion goals.
254	254	224 (i)The council shall notify the Commissioner of other material changes to the
255	255	225program on an ongoing basis, without resubmission of the plan to the Commissioner for
256	256	226approval. The department may promulgate regulations regarding permissible changes without
257	257	227resubmission of the plan.
258	258	228 (j) Within 90 days following the end of the program’s second fiscal year and every
259	259	229two years thereafter, the council shall propose a mattress stewardship fee for all mattresses sold
260	260	230in this state except those products excluded from the definition of “Mattress” in Section 1. (k)
261	261	231 On and after the implementation of the mattress stewardship program, each manufacturer, 12 of 19
262	262	232renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end user in
263	263	233the state shall add the mattress stewardship fee, established pursuant to subsection (a) of this
264	264	234section and described in subsection (h) of this section, to the purchase price for such mattress and
265	265	235shall remit the fee collected to the council. In each transaction described above, the fee shall
266	266	236appear on the invoice and shall be accompanied by a brief description of the fee. The council
267	267	237shall determine the rules and procedures that are necessary and proper to implement the
268	268	238collection of the fee in a fair, efficient, and lawful manner. Any producer or retailer who fails to
269	269	239participate in such program shall not sell mattresses in this state.
270	270	240 (k)Not later than October fifteenth of each year, the council shall submit an annual
271	271	241report to the Commissioner of the for the most recently completed fiscal year. The
272	272	242Commissioner shall post such annual report on the department's Internet web site. The
273	273	243Commissioner shall review and approve the yearly annual report. Such report shall include: (1)
274	274	244Information on the number and tonnage of discarded mattresses collected pursuant to the
275	275	245mattress stewardship program from: (A) transfer stations, (B) retailers, (C) collection events, (D)
276	276	246employment social enterprise organizations and (E) all other covered entities during the previous
277	277	247calendar year at a sufficient level of disaggregation to determine how the program is performing
278	278	248in different regions of the state; (2) Information on the number and tonnage of program
279	279	249mattresses collected pursuant to the mattress stewardship program for renovation during the
280	280	250previous calendar year at a sufficient level of disaggregation to determine how the program is
281	281	251performing in different regions of the state; (3) the tonnage of mattresses diverted for recycling;
282	282	252(4) the weight of mattress materials recycled, as indicated by the weight of each of the
283	283	253commodities sold to secondary markets; (5) the weight of mattress materials sent for disposal at
284	284	254each of the following: (A) Waste-to-energy facilities, (B) landfills, and (C) any other facilities; 13 of 19
285	285	255(6) a summary of the public education that supports the program; (7) an evaluation of the
286	286	256effectiveness of methods and processes used to achieve performance goals of the program,
287	287	257information on progress made toward achieving the goals, an explanation of why any goals were
288	288	258not met during the previous calendar year and any efforts that will be taken to improve progress
289	289	259toward meeting the goals in the future, if applicable; (8) recommendations for any changes to the
290	290	260program; (9) the total sales of mattresses sold to consumers in this state in the previous calendar
291	291	261year by producers, renovators and retailers registered with the council; (10) the number of
292	292	262discarded mattresses received through collection that were not included in the program, the
293	293	263number of discarded mattresses that were illegally dumped as reported to the department, an
294	294	264analysis of how the data required by this paragraph has changed over time and strategies the
295	295	265council will take to address discarded mattresses that are not included in the program and
296	296	266discarded mattresses that are illegally dumped; and (11) the mattress recycling organization’s
297	297	267costs and revenues for the previous calendar year.
298	298	268 (l)The Commissioner of the Department of Environmental Protection shall appoint a
299	299	269mattress stewardship program advisory committee. The advisory committee shall be comprised
300	300	270with membership representation from the Commissioner of the Massachusetts Department of
301	301	271Environmental Protection, or his/her designee, who shall serve as chair of the committee; a
302	302	272representative from MassRecycle; two representatives from two different covered entities; a
303	303	273representative from a Massachusetts-based mattress recycling organization; a representative of
304	304	274an environmental nongovernmental organization; a representative of a social enterprise nonprofit
305	305	275organization involved in mattress recycling; and a representative of the International Sleep
306	306	276Products Association. The commissioner shall place great emphasis on selecting a diverse group
307	307	277of advisory committee members. The attorney general shall appoint one member to the advisory 14 of 19
308	308	278committee with expertise in consumer protection. The advisory committee shall meet not less
309	309	279than once every quarter and shall consult with the council and advise the department, including
310	310	280delivering written recommendations regarding: (1) The review of any plan for the development
311	311	281and implementation of a mattress stewardship program submitted to the department; (2) The
312	312	282review of any amendment to a plan; (3) The review of annual reports submitted by a council. The
313	313	283department may select and hire a third-party facilitator for the Advisory Committee, which shall
314	314	284be included among the administrative costs of the program, to be paid by producers or producer
315	315	285responsibility organizations.
316	316	286 (m)The council shall conduct during the third year of implementing a mattress
317	317	287stewardship program, and in consultation with the mattress stewardship program advisory
318	318	288committee and a minimum of three other community organizations invited by the advisory
319	319	289committee, a study evaluating the most effective methods of providing discarded mattress
320	320	290collection services to low-income individuals, environmental justice populations, municipalities
321	321	291with populations of less than 5,000 residents, and multifamily housing structures.
322	322	292 (n)Two years after the implementation of the program and every three years
323	323	293thereafter, or upon the request of the Commissioner but not more frequently than once a year, the
324	324	294council shall cause an audit of the program to be conducted by an auditor as described in
325	325	295subsection (h) of this section. Such audit shall review the accuracy of the council's data
326	326	296concerning the program and provide any other information requested by the Commissioner,
327	327	297consistent with the requirements of this section, provided such request does not require the
328	328	298disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for
329	329	299by the council. The council shall maintain all records relating to the program for not less than
330	330	300three years. 15 of 19
331	331	301 (o) Upon implementation of the mattress stewardship program described in section 2 of
332	332	302this act, any covered entity that participates in such program shall not charge for the receipt of
333	333	303discarded mattresses that are discarded in this state provided covered entities may charge a fee
334	334	304for providing the service of collecting mattresses.
335	335	305 (p) Each producer and the council shall be immune from liability for any claim of a
336	336	306violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to
337	337	307the extent such producer or council is exercising authority pursuant to the provisions of sections
338	338	3081 to 6, inclusive, of this act.
339	339	309 (q) (1) The Commissioner may seek civil enforcement of the provisions of sections 2 and
340	340	3103 of this act.
341	341	311 (2)Whenever, in the judgment of the Commissioner, any person has engaged in or is
342	342	312about to engage in any act, practice or omission that constitutes, or will constitute, a violation of
343	343	313any provision of section 2 or 3 of this act, the Attorney General may, at the request of the
344	344	314Commissioner, bring an action for an order enjoining such act, practice or omission. Such order
345	345	315may require any producer or renovator that violates the provisions of this Act to incur a civil
346	346	316penalty not to exceed $1,000 per day for each day of the violation and any retailer that violates
347	347	317the provisions of this Act incurs a civil penalty not to exceed $100 per day for each day of the
348	348	318violation. Upon a showing by the Commissioner that such person has engaged in or is about to
349	349	319engage in any such act, practice or omission, the court may issue a permanent or temporary
350	350	320injunction, restraining order or other order, as appropriate.
351	351	321 (3)Any action brought by the Attorney General pursuant to this section shall have
352	352	322 precedence in the order of trial. 16 of 19
353	353	323 (r) In the event that another state implements a mattress recycling program, the council
354	354	324may collaborate with such state to conserve efforts and resources used in carrying out the
355	355	325mattress stewardship program, provided such collaboration is consistent with the requirements of
356	356	326sections 1 to 6, inclusive, of this act.
357	357	327 (s) Nothing in this section shall prohibit the department from administering existing
358	358	328mattress recycling programs.
359	359	329 (t) The department shall establish an annual fee to be paid by the council that is
360	360	330reasonably calculated to cover the costs to the department to administer, implement and enforce
361	361	331this Act. The department shall provide notice to the council no later than June 1 of each year of
362	362	332the annual fee for the upcoming calendar year.
363	363	333 SECTION 3. Chapter 21H of the General Laws is hereby amended by inserting after
364	364	334Section 7 the following section:- “Section 9: Mattress Recycling Needs Assessment”
365	365	335 Section 9. Mattress Recycling Needs Assessment
366	366	336 (a) The department shall conduct a needs assessment, a copy of which is to be published
367	367	337on the department’s Internet website, and filed with the clerks of the house of representatives and
368	368	338the senate and the chairs of the joint committee on environment, natural resources and
369	369	339agriculture not later than October 5, 2023. This needs assessment and final report shall include:
370	370	340 (1) both a two-year and five-to-ten-year analysis of the state’s projected mattress
371	371	341recycling demand, volume, mattress recycling capacity, associated costs, resource and budgetary
372	372	342needs following the effective date of the updated regulations pursuant to 310 CMR 19.000,
373	373	343including: (A) a recommendation on the continuation of the state’s current role in mattress 17 of 19
374	374	344recycling and the possible expansion of its mattress recycling infrastructure, (B) an
375	375	345environmental impact analysis of the state’s current mattress recycling infrastructure, (C)
376	376	346recommendations and best practices for supporting municipalities with mattress collection,
377	377	347mattress transportation, and associated mattress recycling costs, (D) recommendations for
378	378	348continued social enterprise involvement with the statewide mattress recycling program, including
379	379	349a review of opportunities to increase additional community impacts through preferred
380	380	350partnerships with local non-profit social enterprises and organizations that recycle mattresses,
381	381	351and policy recommendations to reduce potential barriers to entry in the statewide mattress
382	382	352recycling program for social enterprise organizations, and (E) an analysis of the interests and
383	383	353concerns of various stakeholders, including, but not limited to (i) producers, (ii) online and out-
384	384	354of-state retailers, (iii) in-state retailers, (iv) municipalities, (v) commercial and non-profit social
385	385	355enterprise mattress recyclers, (vi) commercial waste haulers, (vii) institutions, (viii) the
386	386	356department, and (ix) consumers;
387	387	357 (2) both a two-year and five-to-ten-year analysis of (A) the future capacity of social
388	388	358enterprise engagement in the statewide mattress recycling program, (B) capacity to address
389	389	359recycling needs and coverage gaps across all regions in the commonwealth using a variety of
390	390	360strategies, including but not limited to commercial, non-profit or social enterprise vendors,
391	391	361regional or municipal mattress recycling services, retailer mattress take-back programs, producer
392	392	362responsibility programs, or waste hauler mattress collection services, and (C a determination of
393	393	363the necessity and feasibility of providing ongoing recycling-related logistical support for
394	394	364municipalities that host institutions of higher education with large off-campus student
395	395	365populations; 18 of 19
396	396	366 (3) policy recommendations for establishing proper end-of-use management standards for
397	397	367mattresses, including, but not limited to: (A) ensuring proper in-state disposal of discarded
398	398	368mattresses, including incentives to promote use of in-state mattress recycling infrastructure, (B)
399	399	369support for non-profit social enterprise mattress recycling entities, (C) monetary fines for
400	400	370improper or illegal disposal of mattresses, and (D) the feasibility of implementing a waste
401	401	371tracking system that ensures effective and legal end-of-use management of mattresses;
402	402	372 (4) policy recommendations for the continuation and improvement of a statewide
403	403	373mattress stewardship program; and
404	404	374 (5) recommendations for best practices to ensure broad and comprehensive public access
405	405	375to accurate online information about the availability of statewide mattress recycling options,
406	406	376access to such options, and proper mattress end-of-use management.
407	407	377 (b) As part of the needs assessment, the department shall solicit public input regarding
408	408	378end-of-use mattress recycling needs, gaps in departmental resource allocation and opportunities
409	409	379for increased programmatic support for municipalities with populations of less than 5,000
410	410	380throughout the Commonwealth. Not later than March 5, 2025, the department shall (i) hold not
411	411	381less than 4 public hearings in geographically-diverse municipalities across the commonwealth, 2
412	412	382of which shall be held in rural municipalities, to receive public testimony on the end-of-use
413	413	383mattress management needs of small and rural municipalities, and shall provide for remote
414	414	384participation; and (ii) solicit and accept written and electronic testimony submissions from the
415	415	385public. The department shall solicit public comment for at least 30 days and shall summarize the
416	416	386public input it receives in the needs assessment.
417	417	387 SECTION 4. Sections 1 and 2 of this act shall take effect upon its passage. 19 of 19
418	418	388 SECTION 5. Section 3 of this act shall take effect 180 days after its passage.