Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1023 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2637 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1023
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips
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 establish a mattress recycling program in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 20
16	16	HOUSE DOCKET, NO. 2637 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1023
18	18	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1023) of
19	19	Edward R. Philips for legislation to establish a mattress recycling program. Environment and
20	20	Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 881 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to establish a mattress recycling program 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. Definitions
32	32	2 1. “Brand” shall mean a name, symbol, word or mark that attributes a mattress as the
33	33	3producer of the mattress.
34	34	4 2. “Consumer” means a person (including but not limited to individuals, families
35	35	5and business entities) who purchases a mattress for use in this state.
36	36	6 3. “Department” means the Department of Environmental Protection
37	37	7 4. “Discarded mattress” means a mattress that has been used and abandoned or
38	38	8discarded in this state, and does not include a mattress transported from outside this state to be
39	39	9discarded in this state. 2 of 20
40	40	10 5. “Environmentally sound management” includes, but is not limited to, the
41	41	11following management practices, implemented in a manner that are designed to protect public
42	42	12health and safety and the environment:
43	43	13 a. Keeping detailed documentation of the methods used to:
44	44	14 i. Recycle, reuse or renovate discarded mattresses to the extent feasible, cost-
45	45	15effective, and environmentally efficient; and
46	46	16 ii.track and document the fate of program mattresses from collection through final
47	47	17disposition.
48	48	18 b. Keeping adequate records;
49	49	19 c. Conducting performance audits and inspections as determined by a stewardship
50	50	20 organization;
51	51	21 d. Complying with worker health and safety requirements; and
52	52	22 e. Maintaining adequate liability insurance for a stewardship organization and
53	53	23 contractors working for the stewardship organization.
54	54	24 6. “Final disposition” shall mean the point beyond which no further processing takes
55	55	25place and a discarded mattress and its components have been recycled, renovated or disposed of.
56	56	26 7. “Foundation” shall mean a ticking-covered structure that is used to support a
57	57	27mattress or sleep surface and that may be constructed of frames, foam, box springs or other
58	58	28materials, used alone or in combination. 3 of 20
59	59	29 8. "Mattress" means a resilient material or combination of materials that is enclosed
60	60	30by a ticking, is used alone or in combination with other products and is intended for sleeping
61	61	31upon or a foundation.
62	62	32 a. “Mattress” includes a foundation and a renovated mattress or renovated
63	63	33foundation.
64	64	34 b. “Mattress” does not mean the following:
65	65	35 i. An unattached mattress pad or unattached mattress topper, including items with
66	66	36resilient filling, with or without ticking, intended to be used with or on top of a mattress.
67	67	37 ii.A sleeping bag or pillow.
68	68	38 iii.A car bed, crib, or bassinet mattress.
69	69	39 iv.Juvenile products, including a carriage, basket, dressing table, stroller, playpen,
70	70	40infant carrier, lounge pad, or crib bumper, and the pads for those juvenile products.
71	71	41 v. A product containing liquid- and gaseous-filled ticking, including a water bed and
72	72	42air mattress that does not contain upholstery material between the ticking and the mattress core.
73	73	43 vi.Upholstered furniture that does not otherwise contain a detachable mattress or that
74	74	44is a fold out sofa bed or futon.
75	75	45 9. “Person” means the United States, the state, a public or private corporation, local
76	76	46government unit, public agency, individual, partnership, association, firm, trust, estate or other
77	77	47legal entity. 4 of 20
78	78	48 10.“Premium service” means a service such as at-home pickup service, including
79	79	49curbside pickup service.
80	80	50 11.“Producer” means any person, irrespective of the selling technique used,
81	81	51including that of remote sale, that: (a)Manufactures a mattress that is sold, offered for sale or
82	82	52distributed in this state; or (b) Is the owner of a trademark or brand under which a mattress is
83	83	53sold, offered for sale or distributed in this state, whether or not such trademark or brand is
84	84	54registered in this state; and (c) Unless covered by (a) or (b), imports a mattress into the United
85	85	55States that is sold or offered for sale in this state.
86	86	56 12. “Program mattress” means a discarded mattress that a stewardship organization
87	87	57will provide environmentally sound management for under a mattress stewardship program.
88	88	58“Program mattress” shall not mean a mattress transported from outside this state to be discarded
89	89	59in this state or a mattress rendered unrecyclable by solid waste collection methods.
90	90	60 13.“Recycler” means a person that recycles discarded mattresses.
91	91	61 14."Recycling" means any process in which discarded mattresses and components
92	92	62may lose their original identity or form as they are dismantled and their materials transformed
93	93	63into new, usable or marketable materials
94	94	64 15.“Renovate” shall mean to alter a discarded mattress for resale through adding to
95	95	65or replacing the ticking or filling, adding additional filling or replacing components. “Renovate”
96	96	66shall not mean:
97	97	67 (a) Stripping a discarded mattress of the ticking or filling without adding new material; 5 of 20
98	98	68 (b) The sanitization or sterilization of a discarded mattress without other alteration to the
99	99	69discarded mattress;
100	100	70 (c) Recycling.
101	101	71 (d) Refurbishing that disqualifies a mattress for a red wholesale renovator tag to be
102	102	72affixed to the mattress, in accordance with the regulations adopted by the Department
103	103	73 16.“Retailer” means a person that offers new, used or renovated mattresses for retail
104	104	74sale.
105	105	75 17.“Sale” or “sell” means any transfer of title for consideration, including remote
106	106	76sales conducted through sales outlets, catalogues, or the internet or any other similar electronic
107	107	77means. “Sale” or “sell” does not mean a donation.
108	108	78 18.“Stewardship Assessment” means the per unit amount added to the purchase price
109	109	79of a mattress sold to a consumer to cover the costs of a mattress stewardship program.
110	110	80 19.“Stewardship organization” shall mean a nonprofit organization designated by a
111	111	81producer or group of producers to implement a mattress stewardship program.
112	112	82 20.“Ticking” shall mean the outermost layer of fabric or related material of a
113	113	83mattress. “Ticking” shall not mean any layer of fabric or material quilted together with, or
114	114	84otherwise attached to, the outermost layer of fabric or material of a mattress.
115	115	85 SECTION 2. Establishment of the Program; Retailer, Producer and Renovator Duties
116	116	86 (1)Except as provided in subsection (3) of this section, a producer, renovator or
117	117	87retailer shall not sell or offer for sale any mattress to any person in this state unless the producer, 6 of 20
118	118	88renovator or retailer is registered with a stewardship organization with a plan approved by the
119	119	89Department under section 5 of this Act.
120	120	90 (2)On and after the date that a mattress stewardship program is implemented, a
121	121	91retailer:
122	122	92 a. Shall purchase a mattress only from a producer or renovator that is registered with
123	123	93a stewardship organization as of the date of purchase as evidenced by information made
124	124	94available by a stewardship organization pursuant to subsection (4) of this section;
125	125	95 b. Shall collect, at the point of sale, the mattress stewardship assessment established
126	126	96pursuant to a plan approved by the Department under section 5 of this Act and remit the mattress
127	127	97stewardship assessment to the stewardship organization that implements the mattress stewardship
128	128	98program; and
129	129	99 c. Shall provide to consumers, at the point of sale, information on available
130	130	100collection opportunities for discarded mattresses through the mattress stewardship program.
131	131	101 (3)Following the implementation of the mattress stewardship program, a retailer
132	132	102complies with the requirements of this section if, on the date the mattress was ordered from the
133	133	103producer or its agent, the producer of the mattress brand is listed on the [Department’s] website
134	134	104as implementing or participating in an approved mattress stewardship program.
135	135	105 (4)A stewardship organization shall make available on the stewardship
136	136	106organization’s website and on request:
137	137	107 a. Information on registered brands provided to the stewardship organization by the
138	138	108producers and renovators registered with the stewardship organization; 7 of 20
139	139	109 b. Information on available collection opportunities; and
140	140	110 c. Any other information necessary for retailers to comply with subsection (2) of this
141	141	111section.
142	142	112 (5)A retailer or renovators shall identify the mattress stewardship assessment as a
143	143	113separate line item on the receipt for a mattress provided to a consumer at the point of sale.
144	144	114 (6)A stewardship organization or shall use a mattress stewardship assessment
145	145	115collected in this state to pay the costs to plan, implement, administer and operate a mattress
146	146	116stewardship program in this state, including a financial reserve to prudently prepare for
147	147	117unexpected costs.
148	148	118 (7)Nothing in this section prevents a stewardship organization from, with notice to
149	149	119the Department, coordinating efforts for carrying out a mattress stewardship program in this state
150	150	120with programs for the collection and environmentally sound management of discarded mattresses
151	151	121in other states.
152	152	122 SECTION 3. Program Plan
153	153	123 (1) A stewardship organization shall submit to the Department a plan for the
154	154	124development and implementation of a mattress stewardship program. The plan must:
155	155	125 a. Describe how the stewardship organization will manage and administer a mattress
156	156	126stewardship program.
157	157	127 b. Identify each producer, renovator and retailer that is registered with the
158	158	128stewardship organization as of 30 days before the plan is submitted to the Department. 8 of 20
159	159	129 c. Include a description of how the stewardship organization will provide for the
160	160	130environmentally sound management of program mattresses, regardless of the producer. The
161	161	131description shall include, at a minimum:
162	162	132 i. Identification of the proposed recyclers that the stewardship organization will
163	163	133contract with to process program mattresses and the recycling methods that the recyclers will
164	164	134use;
165	165	135 ii.How the stewardship organization will implement the mattress stewardship
166	166	136program to engage in environmentally sound management practices; and
167	167	137 iii.Describe how non-program mattresses will be handled.
168	168	138 d. There shall be no charge at the point of collection of discarded program
169	169	139mattresses, except that the stewardship organization may allow for a person that provides a
170	170	140premium service under the mattress stewardship program to charge for the additional cost of that
171	171	141premium service for program mattresses.
172	172	142 e. Provide service as described in section 4 of this Act.
173	173	143 f. Establish performance goals for:
174	174	144 i. The collection target and recycling rates of program mattresses; and
175	175	145 ii.Public awareness of the mattress stewardship program.
176	176	146 g. Include an anticipated annual operating budget, as described in subsection (2) of
177	177	147this section, for the mattress stewardship program for two years of operation of the program,
178	178	148beginning with the year in which the plan is submitted to the Department. 9 of 20
179	179	149 h. Include a proposed method for collecting the mattress stewardship assessment
180	180	150from retailers and a method for ensuring the assessment is remitted to the stewardship
181	181	151organization. The mattress stewardship assessment must be sufficient to recover, but not exceed,
182	182	152the costs of establishing and administering the mattress stewardship program.
183	183	153 i. Provide for public education and awareness of discarded mattress collection
184	184	154opportunities statewide and on a regular basis.
185	185	155 j. Address procedures for identifying substantial or material changes to the system
186	186	156for collecting discarded mattresses for which a plan amendment will be required under section 6
187	187	157of this Act.
188	188	158 k. Describe the criteria for determining whether a mattress should be rejected as
189	189	159unacceptable for recycling because it is contaminated, wet, crushed, or would otherwise pose a
190	190	160health or safety risk to personnel or equipment, and how the solid waste sector would dispose of
191	191	161such mattresses;
192	192	162 (2)The anticipated annual operating budget for a mattress stewardship program shall
193	193	163include, but need not be limited to, budget line items relating to:
194	194	164 a. The collection, transportation and processing of program mattresses
195	195	165 b. The anticipated amount of moneys that the stewardship organization will hold in
196	196	166un- allocated reserve funds for the mattress stewardship program; and
197	197	167 c. The annual fee to be paid to the Department pursuant to section 7 (3) of this Act.
198	198	168 (3)In operating a mattress stewardship program, a stewardship organization shall: 10 of 20
199	199	169 a. Meet the requirements of the plan submitted under this section, as approved by
200	200	170the Department pursuant to section 5 of this Act.
201	201	171 b. Meet or exceed the service requirements described in section 4 of this Act.
202	202	172 SECTION 4. Convenience Standards
203	203	173 (1)(a) A plan submitted under section 3 of this Act must provide for convenient
204	204	174consumer access to the program, including permanent mattress dropoff locations throughout the
205	205	175state, collection events in underserved areas of the state, and a convenient way for the public to
206	206	176access a list of mattress collection opportunities.
207	207	177 (b) A plan may provide for methods for providing convenient service that are alternative
208	208	178methods to those provided for in paragraph (a) of this subsection if, based on a geographic
209	209	179information systems analysis or additional information, the alternative methods will result in
210	210	180providing service to residents throughout this state at an equivalent level of convenient service
211	211	181compared with the methods provided for under paragraph (a) of this subsection.
212	212	182 (2)A stewardship organization may:
213	213	183 a. Establish and maintain collection sites at permitted solid waste facilities or other
214	214	184suitable sites for the collection of discarded mattresses, provided such sites do not impose a fee
215	215	185for making space available for storage containers that the stewardship organization shall provide
216	216	186at no charge.
217	217	187 b. Provide for bulk pickup service at no cost to collect a minimum of 100 properly
218	218	188source separated program mattresses at one time from persons including:
219	219	189 i. Retailers; 11 of 20
220	220	190 ii.Health care, educational or military facilities; and
221	221	191 iii.Hotels, motels, inns and other establishments that provide transient lodging.
222	222	192 c. Offer organizations that recycle or renovate discarded mattresses the opportunity
223	223	193to participate as collection sites.
224	224	194 d. Notify retailers that sell or offer for sale mattresses made or sold by producers or
225	225	195renovators registered with the stewardship organization about the mattress stewardship program
226	226	196and provide retailers with information necessary to comply with sections 1 to 13 of this Act.
227	227	197 SECTION 5. Plan Approval
228	228	198 (1)The Department shall approve, reject or request additional information for a plan
229	229	199submitted under section 3 of this Act or an amendment to a plan submitted under section 6 of this
230	230	200Act no later than 60 days after the date the Department receives the plan or plan amendment
231	231	201from the stewardship organization. The Department shall post a plan or plan amendment on its
232	232	202website and provide for a public comment period of no less than 15 days before approving,
233	233	203rejecting or requesting additional information on the plan or plan amendment.
234	234	204 (2) If the Department rejects, or requests additional information pertaining to Section
235	235	2053 of this act for, the plan or plan amendment, the Department must provide the stewardship
236	236	206organization with the reasons, in writing, that the plan or plan amendment does not meet the plan
237	237	207requirements of section 3of this Act. The stewardship organization shall have 30 days from the
238	238	208date that the rejection or request for additional information is received to submit to the
239	239	209Department any additional information necessary for the approval of the plan or plan
240	240	210amendment. The Department shall review and approve or disapprove the revised plan or plan 12 of 20
241	241	211amendment no later than 30 days after the date the Department receives the revised plan or plan
242	242	212amendment.
243	243	213 (3)The Department’s rejection of, or request for additional information for, a plan
244	244	214amendment does not relieve a stewardship organization from continuing to implement a mattress
245	245	215stewardship program in compliance with a previously approved plan pending a final action by
246	246	216the department on the plan amendment.
247	247	217 (4)Beginning no later than 1-year after a plan or amended plan is approved under this
248	248	218section, a stewardship organization must implement a mattress stewardship program as described
249	249	219in the plan or amended plan.
250	250	220 SECTION 6. Plan Amendment
251	251	221 (1)A stewardship organization shall submit to the Department for approval an
252	252	222amendment to a plan that has been approved by the Department under section 5 of this Act if, at
253	253	223any time:
254	254	224 a. There is a substantial or material change, as provided for under section 3(1)(j) of
255	255	225this Act, to the system for collecting discarded mattresses; or
256	256	226 b. The Department requests an amendment to the plan in order to address a specific
257	257	227finding by the department that the program plan is outdated as described in the program plan.
258	258	228 (2)The Department shall review the program plan every five years after initial plan
259	259	229approval. If it deems that the requirements of section 6(1) have been met, it may require the
260	260	230stewardship organization to submit to the Department, an amended plan for its review and
261	261	231approval or rejection. 13 of 20
262	262	232 (3)The Department may not request an amendment under subsection (1) of this
263	263	233section until two years after the implementation of a mattress stewardship program by the
264	264	234stewardship organization.
265	265	235 (4)Within 30 days of the following, the stewardship organization shall provide
266	266	236written notice to the Department:
267	267	237 a. A change in the location or the number of permanent collection sites identified in
268	268	238the plan;
269	269	239 b. A change in the producers or renovators that are registered with the stewardship
270	270	240organization; or
271	271	241 c. A change in the recyclers or renovators and transporters that manage the
272	272	242discarded mattresses collected by the stewardship organization under the program.
273	273	243 (5) After one year from the date when the collection of the stewardship assessment
274	274	244commences, the stewardship organization may change the amount of such assessment, but the
275	275	245organization shall not change the amount of such assessment more frequently than annually
276	276	246unless the organization provides good cause to change the assessment earlier and shall provide
277	277	247no less than 90 days' notice to the public before the change in the amount of such assessment
278	278	248takes place.
279	279	249 (6) The stewardship organization may conduct a financial review of the fees of those
280	280	250parties required to remit the stewardship assessment to the mattress recycling organization to
281	281	251verify that the assessments paid are proper and accurate and to confirm that all parties required
282	282	252by this article to pay or collect the assessment are paying or collecting the proper amount. The 14 of 20
283	283	253financial review shall be carried out in accordance with generally accepted auditing practices and
284	284	254shall be limited in scope to confirm whether the stewardship assessment has been properly
285	285	255collected on all sales of mattresses to consumers in the Commonwealth. The stewardship
286	286	256organization shall hire independent third-party auditors to conduct the financial review. The
287	287	257organization shall provide to the Department a copy of such financial review reports.
288	288	258 (7) A proposed change to the mattress stewardship assessment shall not be grounds to
289	289	259require a program plan amendment.
290	290	260 SECTION 7. Annual Report
291	291	261 (1)A stewardship organization that implements a mattress stewardship program
292	292	262pursuant to a plan approved by the Department under section 5 of this Act shall, no later than
293	293	263July 1 of each year, submit for review and approval to the Department:
294	294	264 a. The annual report provided for under subsection (2) of this section for the
295	295	265preceding calendar year;
296	296	266 b. An updated budget for the upcoming calendar year that follows the budget
297	297	267requirements provided for in section 3 of this Act; and
298	298	268 (2)The annual report submitted by a stewardship organization shall include, at a
299	299	269minimum, with respect to mattresses collected in this state:
300	300	270 a. The total sales of mattresses sold to consumers in this state in the previous
301	301	271calendar year by producers, renovators and retailers registered with the stewardship organization;
302	302	272 b. The mattress stewardship program’s costs and revenues for the previous calendar
303	303	273year; 15 of 20
304	304	274 c. Information on the number and tonnage of discarded mattresses collected
305	305	275pursuant to the mattress stewardship program for recycling during the previous calendar year;
306	306	276 d. The weight of mattress materials recycled and the final disposition of mattress
307	307	277materials, by weight and by material, sold as commodities in secondary markets;
308	308	278 e. The weight of program mattress materials sent for disposal at each of the
309	309	279following:
310	310	280 i. Waste-to-energy facilities;
311	311	281 ii.Landfills; and
312	312	282 iii.Any other facilities;
313	313	283 f. An evaluation of why the mattress materials sent for disposal were not recycled
314	314	284and a description of program efforts to increase the recycling rate of mattress materials under the
315	315	285mattress stewardship program;
316	316	286 g. The strategies of the stewardship organization will take to address discarded
317	317	287mattresses that are not program mattresses and discarded mattresses that are illegally dumped;
318	318	288 h. A summary of the public education offered in the previous calendar year that
319	319	289supports the mattress stewardship program and examples of public education materials;
320	320	290 i. An evaluation of the effectiveness of methods and processes used to achieve the
321	321	291approved program plan goals of the mattress stewardship program, information on progress
322	322	292made toward achieving the goals, an explanation of why any goals were not met during the 16 of 20
323	323	293previous calendar year and any options for improving progress toward meeting the goals in the
324	324	294future, if applicable;
325	325	295 j. A report by an independent certified public accountant, retained by the
326	326	296stewardship organization at the stewardship organization’s expense, on the accountant’s audit of
327	327	297the stewardship organization’s financial statements;
328	328	298 k. A report on the outcome of financial review of entities the stewardship
329	329	299organization contracts with, as provided in section6(6) of this Act; and
330	330	300 l. Recommendations for changes to the mattress stewardship program, including
331	331	301continuous improvement.
332	332	302 (3)The Department shall establish an annual fee to be paid by the stewardship
333	333	303organization that is reasonably calculated to cover the actual costs to the Department to
334	334	304administer, implement and enforce sections 1 to 13 of this Act. The Department shall provide
335	335	305notice to a stewardship organization no later than April 1 of each year of the annual fee for the
336	336	306upcoming calendar year. Fees collected by the Department under this section shall be deposited
337	337	307in the State Treasury to the credit of the Mattress Stewardship Fund established under section 9
338	338	308of this Act.
339	339	309 SECTION 8. Department Powers
340	340	310 (1) The Department shall have the power to enter upon and inspect, at any
341	341	311reasonable time, any public or private property, premises or place for the purpose of
342	342	312investigating either an actual or suspected violation of sections 1 to 13 of this Act. 17 of 20
343	343	313 (2)A stewardship organization shall retain all records related to implementation of a
344	344	314mattress stewardship program for not less than three years and make the records available for
345	345	315inspection by the Department upon request.
346	346	316 (3)The Department shall maintain on its website a list of all producers, renovators
347	347	317and retailers that are in compliance with sections 1 to 13 of this Act.
348	348	318 (4)Upon a written finding that a manufacturer, renovator, distributor, recycler, or
349	349	319retailer has not met a material requirement of this chapter, in addition to any other penalties
350	350	320authorized under this chapter, the department may take any of the following actions, after
351	351	321affording the manufacturer, organization, renovator, distributor, recycler, or retailer a reasonable
352	352	322opportunity to respond to, or rebut, the finding, to ensure compliance with the requirements of
353	353	323this chapter:
354	354	324 a. Require additional reporting requirements relating to compliance with the
355	355	325material requirement identified by the department.
356	356	326 b. Remove the manufacturer, renovator, or distributor from the department’s internet
357	357	327website and list of compliant manufacturers, renovators, and distributors, as specified in Section
358	358	3282(4).
359	359	329 c. levy civil penalties as described in Section 12 of this act.
360	360	330 SECTION 9. Mattress Stewardship Fund
361	361	331 The Mattress Stewardship Fund is established, separate and distinct from the General
362	362	332Fund. All moneys in the Mattress Stewardship Fund are continuously appropriated to the 18 of 20
363	363	333Department and may be used only to pay the costs of administering, implementing and enforcing
364	364	334sections 1 to 13 of this Act.
365	365	335 SECTION 10. Antitrust immunity
366	366	336 (1)The public interest is served by producers and stewardship organizations
367	367	337collaborating to develop, fund and implement mattress stewardship programs. The
368	368	338establishment, administration, setting, collection and disbursement of the stewardship assessment
369	369	339shall be exempt from federal and state antitrust laws.
370	370	340 (2)(a) This section does not authorize any person to engage in activities or to
371	371	341conspire to engage in activities that constitute per se violations of state or federal antitrust laws
372	372	342that are not authorized under sections 1 to 13 of this Act.
373	373	343 (b)This section does not apply to any activities related to:
374	374	344 a. Pricing agreements for mattresses unrelated to the mattress stewardship
375	375	345assessment;
376	376	346 b. Agreements regarding the output or production of mattresses; or
377	377	347 c. Restrictions on the geographic area in which, or the consumers to whom,
378	378	348mattresses will be sold.
379	379	349 (3)The Department shall actively supervise the conduct of a stewardship
380	380	350organization in establishing, administering, collecting and disbursing the mattress stewardship
381	381	351assessment.
382	382	352 SECTION 11. Regulatory Authority 19 of 20
383	383	353 The Department may adopt rules as necessary to implement sections 1 to 13 of this Act.
384	384	354 SECTION 12. Civil Penalties
385	385	355 (1)A retailer that violates this part is subject to a civil penalty not to exceed $100 per
386	386	356day for each day of the violation.
387	387	357 (2)(a) a producer, renovator, or representative organization that violates this part is
388	388	358subject to a civil penalty not to exceed $1,000 per day for each day of the violation.
389	389	359 (b) any penalty collected under this section shall be placed in the mattress stewardship
390	390	360fund to be used by the [department] to ensure the implementation of approved mattress
391	391	361stewardship programs.
392	392	362 (3)In evaluating whether to impose a civil penalty, and in determining the amount of
393	393	363such civil penalty, the Department shall take into account the materiality of the violation,
394	394	364whether the violation is wholly or partially the result of factors beyond the control of the
395	395	365producer or mattress recycling organization, whether the producer or mattress recycling
396	396	366organization has made a good faith effort to comply with the provisions of this article, and
397	397	367whether the violation can be addressed through means other than a civil penalty.
398	398	368 SECTION 13. Program Deadlines
399	399	369 (1)Initial plans for mattress stewardship programs under section 3 of this Act must
400	400	370be submitted to the Department no later than one year after this Act becomes law.
401	401	371 (2)Notwithstanding section 5 (4) of this Act, a stewardship organization shall
402	402	372implement a mattress stewardship program as described in an initial plan submitted pursuant to 20 of 20
403	403	373subsection (1) of this section no later than one year after the date that the initial plan is approved
404	404	374by the Department under section 5 of this Act.