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HOUSE DOCKET, NO. 4218 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3985
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Andres X. Vargas and Mindy Domb
_________________
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 relative to promoting the future success of mattress recycling in the Commonwealth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/17/2025Mindy Domb3rd Hampshire1/17/2025 1 of 12
HOUSE DOCKET, NO. 4218 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3985
By Representatives Vargas of Haverhill and Domb of Amherst, a petition (accompanied by bill,
House, No. 3985) of Andres X. Vargas and Mindy Domb relative to mattress recycling.
Environment and Natural Resources.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to promoting the future success 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. Chapter 21H of the General Laws is hereby amended by adding the
2following section:-
3 Section 9. (a) For the purposes of section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:
5 “Brand”, a name, symbol, word or mark that attributes a mattress to the producer of such
6mattress.
7 “Commissioner”, the commissioner of the department of environmental protection.
8 “Covered entity”, any political subdivision of the commonwealth, mattress retailer,
9permitted transfer station, waste-to-energy facility, health care facility, educational facility,
10military base or commercial or nonprofit lodging establishment that possesses a discarded 2 of 12
11mattress that was used and discarded in the commonwealth. Covered entity shall not include any
12renovator, refurbisher or any person who only transports a discarded mattress.
13 “Discarded mattress”, any mattress that a consumer discarded, intends to discard or
14abandoned in the commonwealth.
15 “Energy recovery”, the process that all or a portion of solid waste materials are processed
16or combusted in order to utilize the heat content or other forms of energy derived from such solid
17waste materials.
18 “Foundation”, any ticking-covered structure used to support a mattress and that is
19composed of 1 or more of the following: (i) a constructed frame; (ii) foam; or (iii) a box spring,
20whether stationary, adjustable or foldable. Foundation shall not include any bed frame or base
21made of wood, metal or other material that rests upon the floor and that serves as a brace for a
22mattress.
23 “Institution”, established organizational entities including, but not limited to: health care
24facilities, higher education facilities, military bases, public and private correctional facilities and
25jails, assisted living facilities and group homes.
26 “Mattress”, any resilient material or combination of materials enclosed by ticking, used
27alone or in combination with other products, and that is intended for or promoted for sleeping
28upon. Mattress shall include any foundation and any used or renovated mattress. Mattress shall
29not include any mattress pad, mattress topper, sleeping bag, pillow, car bed, carriage, basket,
30dressing table, stroller, playpen, infant carrier, lounge pad, crib or bassinet mattress, crib bumper,
31liquid or gaseous filled ticking, including any water bed and any air mattress that does not 3 of 12
32contain upholstery material between the ticking and the mattress core and upholstered furniture,
33including a sleeper sofa.
34 “Mattress core”, the principal support system that is present in a mattress, including, but
35not limited to, springs, foam, air bladder, water bladder or resilient filling.
36 “Mattress recycling fee”, the amount added to the purchase price of a mattress sold to a
37consumer or to an ultimate end user in the commonwealth that is necessary to cover the cost of
38collecting, transporting and processing discarded mattresses pursuant to the mattress recycling
39program.
40 “Mattress recycling program”, a state-wide mattress recycling program that shall offer
41program services, incentives and a variety of other strategies to best address existing mattress
42recycling needs and coverage gaps across all regions in the commonwealth.
43 “Mattress topper”, any item that contains resilient filling, with or without ticking,
44intended to be used with or on top of a mattress.
45 “Non-profit social enterprise organization”, an organization that sells goods and services
46and enhances economic development and environmental justice through work opportunities in
47mattress recycling for individuals facing significant barriers to employment.
48 “Performance goal”, a metric approved by the department to measure, on an annual basis,
49the performance of the mattress recycling program, taking into consideration technical and
50economic feasibilities, in achieving continuous, meaningful improvement in improving the rate
51of mattress recycling in the commonwealth and any other specified goals of the mattress 4 of 12
52recycling program. At a minimum, goals shall include collection and recycling rates and public
53awareness of mattress recycling.
54 “Producer”, any person, irrespective of the selling technique used, including that of
55remote sale, who manufactures or renovates a mattress that is sold, offered for sale or distributed
56in the commonwealth under the producer's own name or brand. Producer shall include: (i) the
57owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in
58the commonwealth, whether or not such trademark or brand is registered in the commonwealth;
59and (ii) any person who imports a mattress into the United States that is sold or offered for sale
60in the commonwealth and that is manufactured or renovated by a person who does not have a
61presence in the United States.
62 “Renovate” or “renovation”, altering a mattress for the purpose of resale including any 1
63or a combination of the following: (i) replacing the ticking or filling; (ii) adding additional
64filling; or (iii) replacing components with new or recycled materials. Renovate or renovation
65shall not include the stripping of a mattress of its ticking or filling without adding new material,
66the sanitization or sterilization of a mattress without otherwise altering the mattress or the
67altering of a mattress by a renovator when a person retains the altered mattress for personal use,
68in accordance with regulations of the office of consumer affairs and business regulation.
69 “Renovator”, any person who renovates discarded mattresses for the purpose of reselling
70such mattresses to consumers.
71 “Retailer”, any person who sells mattresses to a consumer or to an ultimate end user in
72the commonwealth or offers mattresses to a consumer in the commonwealth through any means 5 of 12
73including, but not limited to, remote offerings such as sales outlets, catalogs or an internet
74website.
75 “Sanitization”, the direct application of chemicals to a mattress to kill human disease-
76causing pathogens.
77 “Sale”, the transfer of title of a mattress for consideration including, but not limited to,
78the use of a sales outlet, catalog, internet website or similar electronic means to a consumer or to
79an ultimate end user in the commonwealth.
80 “Sterilization”, the mitigation of any deleterious substances or organisms, including
81human disease-causing pathogens, fungi and insects from a mattress or filling material using a
82chemical or heat process.
83 “Ticking”, the outermost layer of fabric or material of a mattress. Ticking shall not
84include any layer of fabric or material quilted together with, or otherwise attached to, the
85outermost layer of fabric or material of a mattress.
86 “Upholstery material”, all material, loose or attached, between the ticking and the core of
87a mattress.
88 “Waste hauler”, any person who provides commercial, institutional and residential solid
89waste removal services, including the removal and end-of-use management of discarded
90mattresses in the commonwealth under the waste hauler’s own name and brand.
91 (b) Within 300 days following enactment of this section, the department shall develop a
92written plan to establish a mattress recycling program. Such mattress recycling program
93expenses shall be funded from a new mattress recycling fee structure, as outlined in the 6 of 12
94department’s plan, that is sufficient to cover the costs of operating and administering the
95program.
96 (c) Pursuant to the mattress recycling program, recycling shall be preferred over any
97other disposal method for mattresses, to the extent that recycling is technologically feasible and
98economically practical. Reuse shall be prioritized and the department’s plan shall make reuse
99eligible for compensation reimbursement incentives offered by the department.
100 (d)(1) The department’s plan submitted pursuant to subsection (b) shall: (i) describe the
101fee structure for the mattress recycling program and include a proposed budget; (ii) establish
102performance goals for the mattress recycling program that clearly outlines the maximum feasible
103level of recovery and recycling of used mattresses in support of the commonwealth’s overall
104waste diversion goals as outlined in the department’s solid waste master plan; (iii) establish a
105timeline for implementing and achieving convenient access to the mattress recycling program;
106(iv) detail how the mattress recycling program shall promote the recycling of discarded
107mattresses consistent with the commonwealth’s solid waste management hierarchy; (v) include a
108description of the public education program; and (vi) propose a mechanism to mitigate the costs
109associated with collection of discarded mattresses that are illegally dumped that may include, but
110need not be limited to, proposals for: (A) funding of clean-up activities; (B) education and
111outreach; or (C) studies to evaluate the causes of illegal dumping.
112 (2) The department shall establish and implement a fee structure that covers, but does not
113exceed, the costs of: (i) developing the department’s plan described in this subsection; and (ii)
114operating and administering the mattress recycling program. Revenue from any fees collected 7 of 12
115shall be remitted to the Mattress Recycling Trust Fund established in section 2KKKKKK of
116chapter 29.
117 (e)(1) During the third year of implementing a mattress recycling program under an
118approved plan, the department shall study the status of mattress recycling program. The study
119shall include, but not be limited to, examining: (i) how the mattress recycling program can: (A)
120incentivize the reduction of toxics and resources including energy and water associated with
121mattress production; (B) incentivize the use of post-consumer recycled content in mattress; and
122(C) discourage the use of mattress materials that pose challenges for the recycling of discarded
123mattresses; and (ii) the scope of discarded mattresses in the commonwealth that are not being
124collected as part of the mattress recycling program and recommendations on how to direct the
125discarded mattresses to, and include them, in the mattress recycling program.
126 (2) In consultation with the mattress program advisory committee pursuant to subsection
127(h) and a minimum of 3 other community organizations invited by the advisory committee, a
128study shall evaluate the most effective methods of providing discarded mattress collection
129services to low-income individuals, environmental justice populations, municipalities with
130populations of less than 5,000 residents and multifamily housing structures.
131 (3) The study shall review how the department shall expand the employment social
132enterprise impact program established in subsection (e), including recommendations for
133continued social enterprise involvement with the statewide mattress recycling program including
134a review of opportunities to increase additional community impacts through preferred
135partnerships with local non-profit social enterprises and organizations that recycle mattresses and 8 of 12
136policy recommendations to reduce potential barriers to entry in the statewide mattress recycling
137program for social enterprise organizations.
138 (4) Results of the study will be used to establish any changes to the fee structure or
139overall mattress recycling program design. The department shall maintain all records relating to
140the mattress recycling program for a period of not less than 3 years.
141 (f) The department shall include in its plan a new innovation grant program to provide
142funding to support eligible entities to carry out research and new pilot projects, including the
143purchase of equipment and capital building expenses, aimed at advancing the goal of increased
144sustainability for the field of mattress recycling. Through this grant program, the department
145shall focus on supporting innovations that particularly advance recycling related to materials
146within the mattress that are most challenging to recycle. Eligible services shall include research
147and implementation related to material processing innovations or the creation of new products
148made from recycled mattress materials.
149 (g) The department shall include in its plan and all future plans, the establishment of a
150new employment social enterprise impact pilot program based on written recommendations
151provided by the commissioner. The goal of the program shall be to foster the sustainability of
152nonprofit employment social enterprise organizations that sell goods and services and enhance
153economic development and environmental justice through the provision of work opportunities in
154mattress recycling for individuals facing significant barriers to employment. The department
155shall include in its plan the most recent language for the employment social enterprise capital
156grant program pursuant to line item 7002-0083 of section 2 of chapter 238 of the acts of 2024. 9 of 12
157 (h)(1) The commissioner shall appoint a mattress recycling program advisory committee
158who shall provide guidance, feedback and recommendations on the formation and approval of
159the department’s plan, in addition to their guidance as it relates to the ongoing implementation of
160the mattress recycling program. The advisory committee shall have its first meeting no later than
16160 days after enactment of this section. Prior to the approval of the department’s plan, the
162advisory committee shall meet on a regular basis, for no less than 6 months to carry out its focus
163on providing guidance, feedback and recommendations on the establishment of the department’s
164plan that shall be used to design the offering of the mattress recycling program. After the
165approval of the department’s plan and the initial establishment of the mattress recycling program,
166the advisory committee shall meet no less than once every 4 months to provide feedback and
167recommendations as it relates to the implementation of the mattress recycling program, including
168the review of the commissioner’s annual report.
169 (2) The advisory committee shall advise the department, including delivering written
170recommendations regarding the review of: (i) any plan for the development and implementation
171of a mattress recycling program; (ii) any amendment to a plan; and (iii) annual reports submitted
172by the department. The department may select and hire a third-party facilitator for the advisory
173committee that shall be included among the administrative costs of the mattress recycling
174program, to be paid by the mattress recycling fee.
175 (3) The advisory committee shall be comprised of the following members:(i) the
176commissioner of the department of environmental protection or their designee, who shall serve
177as chair; (ii) a representative from MassRecycle; (iii) a representative from a Massachusetts-
178based mattress recycling organization; (iv) a representative of an environmental
179nongovernmental organization; (v) a representative of a social enterprise nonprofit organization 10 of 12
180involved in mattress recycling; (vi) a representative of the International Sleep Products
181Association and (vii) 1 member appointed by the attorney general that shall be an expert in
182consumer protection. The commissioner shall place great emphasis on selecting a diverse group
183of advisory committee members.
184 (i) Nothing in this section shall prohibit the department from administering existing
185mattress recycling programs.
186 (j) Prior to the approval of department’s plan, the department shall solicit public input
187regarding end-of-use mattress recycling needs, gaps in departmental resource allocation and
188opportunities for increased programmatic support for municipalities with populations of less than
1895,000 throughout the commonwealth. The department shall: (i) hold not less than 4 public
190hearings in geographically-diverse municipalities across the commonwealth, 2 of which shall be
191held in rural municipalities, to receive public testimony on the end-of-use mattress management
192needs of small and rural municipalities and shall provide for remote participation; and (ii) solicit
193and accept written and electronic testimony submissions from the public. The department shall
194solicit public comment for at least 30 days and shall summarize the public input it receives in the
195needs assessment.
196 (k)(1) Not later than October 15th of each year, the department shall prepare and submit
197an annual report that shall include: (i) information on the number and tonnage of discarded
198mattresses collected pursuant to the mattress recycling program; (ii) a summary of the public
199education that supports the mattress recycling program; (iii) an evaluation of the effectiveness of
200methods and processes used to achieve performance goals of the mattress recycling program,
201information on progress made toward achieving the goals, an explanation of why any goals were 11 of 12
202not met during the previous calendar year and any efforts that will be taken to improve progress
203toward meeting the goals in the future, if applicable; (iv) recommendations for any changes to
204the mattress recycling program; (v) the number of discarded mattresses that were illegally
205dumped as reported to the department, an analysis of how the data required by this section has
206changed over time and strategies the department will take to address discarded mattresses that
207are not included in the program and discarded mattresses that are illegally dumped; and (vi) the
208mattress recycling program’s costs and revenues for the previous calendar year. The
209commissioner shall review and approve the yearly annual report.
210 (2) The commissioner shall post the annual report on the department's internet website.
211 (3) The department shall submit the annual report to the: (i) chairs of the joint committee
212on environment and natural resources; (ii) chairs of the house and senate committees on ways
213and means; and (iii) clerks of the house of representatives and senate.
214 (l) The mattress recycling program shall begin no later than 24 months after the
215enactment of this legislation.
216 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting, after
217Section 2JJJJJJ, the following section:-
218 Section 2KKKKKK. (a) There shall be established and set up on the books of the
219commonwealth a separate fund, to be known as the Mattress Recycling Trust Fund. It shall
220consist of amounts credited to the fund in accordance with this section. The commissioner of the
221department of environmental protection shall be the custodian of the fund. 12 of 12
222 (b) The fund shall consist of: (i) the mattress recycling fee established in section 9 of
223chapter 21H; (ii) revenue from appropriations or other money authorized by the general court
224and specifically designated to be credited to the fund; and (iii) interest earned on money in the
225fund. Amounts credited to the fund shall not be subject to further appropriation and any money
226remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
227 (c) Money in the fund shall be expended to carry out the goals of strengthening the
228mattress recycling program services across the commonwealth and operating and administering
229the program.
230 (d) The department of environmental protection shall annually, not later than December
23131, report on the activity of the fund to the: (i) chairs of the joint committee on environment and
232natural resources; (ii) house and senate committees on ways and means; and (iii) clerks of the
233house of representatives and senate.