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