EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1226*
HOUSE BILL 1226
M3 2lr1222
By: Delegate Hill
Introduced and read first time: February 11, 2022
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Environment – Office of Recycling – Mattress Stewardship Program – 2
Establishment 3
FOR the purpose of prohibiting, on and after a certain date, a person from disposing of a 4
mattress in a landfill; prohibiting a person from burning or incinerating a mattress 5
as an alternative means of disposal, subject to certain exceptions; requiring certain 6
producers of mattresses sold at retail in the State or a certain representative 7
organization to submit a plan for the establishment of a Mattress Stewardship 8
Program to the Department of the Environment for approval on or before a certain 9
date and in accordance with certain requirements; requiring a certain plan to 10
establish a certain assessment on mattresses sold in the State that is necessary to 11
cover certain costs; requiring the Office of Recycling within the Department to review 12
and approve certain plans and annual reports, including a certain assessment; 13
requiring certain producers and retailers or distributors to add a certain assessment 14
to the cost of all mattresses sold in the State beginning on a certain date; requiring 15
a certain producer or representative organization to implement a certain program 16
within a certain amount of time after the Department approves a certain plan; 17
prohibiting a producer or retailer from selling or offering for sale certain mattresses 18
under certain circumstances after a certain amount of time after the Department 19
approves a certain plan; establishing the Mattress Stewardship Advisory Board; 20
authorizing the Department to cooperate with other entities in other states in order 21
to further the objectives of this Act; requiring the Department to adopt certain 22
measures to move the State toward a more equitable recycling and waste 23
management system and to seek environmental justice for underserve d 24
communities; and generally relating to the disposal of mattresses and the Mattress 25
Stewardship Program. 26
BY repealing and reenacting, without amendments, 27
Article – Environment 28
Section 9–1701(a), (i), and (m) and 9–1702(a) 29
Annotated Code of Maryland 30 2 HOUSE BILL 1226
(2014 Replacement Volume and 2021 Supplement) 1
BY adding to 2
Article – Environment 3
Section 9–1701(j–1), (j–2), (j–3), (j–4), (o–1), (o–2), (r–2), (r–3), and (r–4) and 9–1715; 4
and 9–1733 through 9–1735 to be under the new part “Part V. Mattress 5
Stewardship Program” 6
Annotated Code of Maryland 7
(2014 Replacement Volume and 2021 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Environment 10
Section 9–1702(d) and (e) and 9–1707(f) 11
Annotated Code of Maryland 12
(2014 Replacement Volume and 2021 Supplement) 13
Preamble 14
WHEREAS, In the United States, it is estimated that approximately 20 million 15
mattress units are disposed of annually; and 16
WHEREAS, Mattresses deplete limited landfill space, create flammable air pockets, 17
damage equipment used at landfills, contribute to air pollution when incinerated, contain 18
nonbiodegradable synthetic foam and fibers and hazardous 19
flame–retardant chemicals that can leach into the drinking water, and contribute to 20
roadside litter when dumped illegally; and 21
WHEREAS, Mattresses pose practical challenges inherent to 22
disposal because mattresses are bulky and not easily compacted, making transport and 23
disposal inefficient; and 24
WHEREAS, Programs to address the disposal of mattresses that are good for the 25
environment and good for the economy have been implemented successfully in other 26
jurisdictions, including programs implemented through nonprofit organizations with 27
expertise in social enterprises; and 28
WHEREAS, St. Vincent de Paul Society of Lane County, Oregon, operates three 29
mattress recycling facilities, employs more than 500 individuals, including disadvantaged 30
individuals, diverts 17.8 million pounds of reusable and recyclable material annually from 31
landfills, and generates revenue that supports its social mission; and 32
WHEREAS, Under Executive Order 01.01.2017.13, Maryland has committed to 33
sustainable materials management practices, which use and manag e materials as 34
efficiently and sustainably as possible; and 35
WHEREAS, According to Executive Order 01.01.2017.13, through source reduction, 36
reuse, and recycling, Maryland can extend existing disposal capacity, reduce the need to 37 HOUSE BILL 1226 3
construct new or expanded solid waste disposal facilities, conserve natural resources, and 1
support a productive economy through recovery of valuable resources; and 2
WHEREAS, According to Executive Order 01.01.2017.13, studies have shown that 3
diverting materials from disposal to reuse, recycling, and composting results in more jobs 4
and a more sustainable economy; and 5
WHEREAS, Executive Order 01.01.2017.13 establishes as the policy of the State that 6
solid waste and recycling should seek, among other things, to minimize the environmental 7
impacts of materials management over the materials’ entire life cycles; and 8
WHEREAS, Implementing policies for mattresses is consistent with existing State 9
policy; and 10
WHEREAS, Providing examples of mattress recycling to Maryland communities 11
enables the consideration of environmental, economic, and social benefits in addressing the 12
disposal, collection, deconstruction, reuse, and recycling of mattresses; now, therefore, 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Environment 16
9–1701. 17
(a) In this subtitle the following words have the meanings indicated. 18
(i) “Director” means the Director of the Office of Recycling. 19
(J–1) (1) “MATTRESS” MEANS A RESILIENT MA TERIAL OR COMBINATIO N OF 20
MATERIALS THAT IS EN CLOSED BY A TICKING , IS USED ALONE OR IN COMBINATION 21
WITH OTHER PRODUCTS , AND IS INTENDED FOR OR PROMOTED FOR SLEE PING ON. 22
(2) “MATTRESS” INCLUDES BOX SPRINGS AND ANY USED OR 23
RENOVATED MATERIALS . 24
(3) “MATTRESS” DOES NOT INCLUDE : 25
(I) AN UNATTACHED MATTRES S PAD OR TOPPER THAT IS 26
DESIGNED TO BE USED ON TOP OF OR IN ADDI TION TO A MATTRESS ; 27
(II) A WATERBED, AN AIR MATTRESS, OR ANY OTHER PRODUCT 28
THAT CONTAINS LIQUID – OR GAS–FILLED TICKING AND T HAT DOES NOT CONTAIN 29
UPHOLSTERY MATERIAL BETWEEN THE TICKING AND THE MATTRESS COR E; 30
(III) A CARRIAGE, A BASKET, A DRESSING TABLE , A STROLLER, A 31 4 HOUSE BILL 1226
PLAYPEN, AN INFANT CARRIER , A LOUNGE PAD, A CRIB BUMPER , A CRIB MATTRESS , 1
A BASSINET MATTRESS, OR ANY OTHER PRODUCT MANUFA CTURED FOR YOUNG 2
CHILDREN; 3
(IV) A SLEEPING BAG; 4
(V) A PILLOW; 5
(VI) A FUTON, SLEEPER SOFA , OR FOLD–OUT SOFA BED; 6
(VII) A FOUNDATION ; 7
(VIII) A CAR BED; OR 8
(IX) FURNITURE THAT OTHERW ISE DOES NOT CONTAIN A 9
DETACHABLE MATTRESS . 10
(J–2) “MATTRESS CORE ” MEANS THE PRINCIPAL SUPPORT SYSTEM THAT IS 11
PRESENT IN A MATTRES S, INCLUDING: 12
(1) SPRINGS; 13
(2) FOAM; 14
(3) AN AIR BLADDER; 15
(4) A WATER BLADDER ; AND 16
(5) RESILIENT FILLING. 17
(J–3) “MATTRESS STEWARDSHIP ASSESSME NT” MEANS THE AMOUNT ADD ED 18
TO THE PURCHASE PRIC E OF MATTRESSES SOLD IN THE STATE THAT IS NECESSA RY 19
TO COVER THE MATTRESS STEWARDSHIP PROGRAM’S COST OF COLLECTING , 20
TRANSPORTING , AND PROCESSING POSTC ONSUMER MATTRESSES S TATEWIDE. 21
(J–4) “MATTRESS WASTE MANAGE MENT ENTITY ” MEANS A WASTE 22
MANAGEMENT COMPANY A UTHORIZED OR CONTRAC TED BY THE MATTRESS 23
STEWARDSHIP PROGRAM TO COLLECT , DISAGGREGATE , REDUCE, REUSE, AND 24
RECYCLE MATTRESSES . 25
(m) “Office” means the Office of Recycling within the Department. 26
(O–1) “POSTCONSUMER MATTRESS ” MEANS A MATTRESS NOT USED AND NO 27
LONGER WANTED BY A P URCHASER. 28 HOUSE BILL 1226 5
(O–2) (1) “PRODUCER” MEANS: 1
(I) A MANUFACTURER OF MATT RESSES THAT SELLS , OFFERS 2
FOR SALE, OR DISTRIBUTES MATTR ESSES IN THE STATE UNDER THE PRODU CER’S 3
OWN NAME OR BRAND ; OR 4
(II) AN INDIVIDUAL WHO IMPORTS MATTRESSES I NTO THE 5
STATE TO SELL, OFFER FOR SALE , OR DISTRIBUT E IN THE STATE. 6
(2) “PRODUCER” INCLUDES THE OWNER O F A MATTRESS 7
TRADEMARK OR BRAND . 8
(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 9
ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A MATTRESS 10
STEWARDSHIP PROGRAM. 11
(R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS MATTRESSES FOR SALE 12
AT RETAIL IN THE STATE. 13
(R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 14
CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 15
OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 16
MEANS. 17
9–1702. 18
(a) There is an Office of Recycling created within the Department. 19
(d) The Office shall: 20
(1) Assist the counties in developing an acceptable recycling plan required 21
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 22
the local governments; 23
(2) Coordinate the efforts of the State to facilitate the implementation of 24
the recycling goals at the county level; 25
(3) Review all recycling plans submitted as part of a county plan as 26
required under § 9–505 of this title and advise the Secretary on the adequacy of the 27
recycling plan; 28
(4) (I) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, 29
INCLUDING THE MATTRE SS STEWARDSHIP ASSES SMENT, SUBMITTED IN 30
ACCORDANCE WITH A MATTRESS STEWARDSHIP PROGRAM ESTABLISHED U NDER 31 6 HOUSE BILL 1226
PART V OF THIS SUBTITLE; 1
(II) PROVIDE TO LOCAL COMM UNITIES THE MOST UP –TO–DATE 2
INFORMATION ON LOCAL AND NATIONAL PROGRAM S FOR THE RECYCLING AND 3
REUSE OF MATTRESSES ; AND 4
(III) PROVIDE TO LOCAL COMM UNITIES FOR CONSIDER ATION 5
EXAMPLES OF MATTRESS RECYCLING PROGRAMS THAT CREATE JOBS FOR : 6
1. UNEMPLOYED INDIVIDUAL S; 7
2. HOMELESS INDIVIDUALS ; 8
3. DISADVANTAGED YOUTH ; 9
4. INDIVIDUALS WITH DISA BILITIES; 10
5. INDIVIDUALS WHO WERE INCARCERATED IN A LO CAL, 11
STATE, OR FEDERAL CORRECTIO NAL FACILITY; AND 12
6. OTHER DISADVANTAGED I NDIVIDUALS; 13
[(4)] (5) Administer the Statewide Electronics Recycling Program under 14
Part IV of this subtitle; and 15
[(5)] (6) Promote the development of markets for recycled materials and 16
recycled products in the State in accordance with § 9–1702.1 of this subtitle. 17
(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 18
coordination with the Maryland Environmental Service, study and report to the Governor 19
and, subject to § 2–1257 of the State Government Article, the General Assembly on: 20
(1) The identification and location of recycling centers, including an 21
analysis of existing recycling centers and the need to expand these facilities or construct 22
new recycling centers; 23
(2) Programs necessary to educate the public on the need to participate in 24
recycling efforts; 25
(3) The economics and financing of existing and proposed systems of waste 26
disposal and recycling; 27
(4) State procurement policies for the purchase of recycled materials; 28
(5) Programs necessary to reduce the amount of solid waste generated for 29 HOUSE BILL 1226 7
disposal by a State agency or unit; 1
(6) The liaison role with local governments, the federal government, and 2
the private sector; 3
(7) The percentage reduction in the amount of solid waste that has been 4
achieved by each county; [and] 5
(8) Economically feasible methods for the recycling of scrap automobile 6
tires, batteries, and white goods; AND 7
(9) THE PROGRESS MADE IN THE STATE IN DIVERTING MATTRESS ES 8
FROM DISPOSAL IN LAN DFILLS AND INCINERATORS . 9
9–1707. 10
(f) (1) There is a State Recycling Trust Fund. 11
(2) The Fund shall consist of: 12
(i) The newsprint recycling incentive fee; 13
(ii) The telephone directory recycling incentive fee collected under § 14
9–1709 of this subtitle; 15
(iii) The covered electronic device manufacturer registration fee 16
collected under § 9–1728 of this subtitle; 17
(IV) THE MATTRESS STEWARDSHIP PROGRAM PLAN AND 18
ANNUAL REPORT REVIEW FEES COLLECTED UNDER § 9–1733(C)(2) AND (I)(2) OF 19
THIS SUBTITLE; 20
[(iv)] (V) All fines and penalties collected under this subtitle; 21
[(v)] (VI) Money appropriated in the State budget to the Fund; and 22
[(vi)] (VII) Any other money from any other source accepted for the 23
benefit of the Fund. 24
(3) The Secretary shall administer the Fund. 25
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 26
account for the Fund. 27
(5) At the end of each fiscal year, any unspent or unencumbered balance in 28
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 29 8 HOUSE BILL 1226
accordance with § 7–302 of the State Finance and Procurement Article. 1
(6) In accordance with the State budget, the Fund shall be used only: 2
(i) To provide grants to the counties to be used by the counties to 3
develop and implement local recycling plans; 4
(ii) To provide grants to counties that have addressed methods for 5
the separate collection and recycling of covered electronic devices in accordance with § 6
9–1703(c)(1) of this subtitle; 7
(iii) To provide grants to municipalities to be used by the 8
municipalities to implement local covered electronic device recycling programs; [and] 9
(IV) TO COVER THE ACTUAL COSTS OF THE MATTRESS 10
STEWARDSHIP PROGRAM PLAN REVIEW U NDER § 9–1733(C) OF THIS SUBTITLE, THE 11
ANNUAL REPORT REVI EW UNDER § 9–1733(I) OF THIS SUBTITLE , AND ASSOCIATED 12
COSTS FOR PROGRAM COMPLIANCE OVERSIGHT; AND 13
[(iv)] (V) To carry out the purposes of the land management 14
administration. 15
(7) (i) The Treasurer shall invest the money in the Fund in the same 16
manner as other State money may be invested. 17
(ii) Any investment earnings of the Fund shall be credited to the 18
General Fund of the State. 19
9–1715. 20
(A) ON OR AFTER JANUARY 1, 2027, A PERSON MAY NOT DIS POSE OF A 21
MATTRESS IN A LANDFI LL. 22
(B) (1) EXCEPT AS PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , A 23
PERSON MAY NOT BURN OR INCINERATE A MATT RESS AS AN ALTERNATI VE MEANS 24
OF DISPOSAL. 25
(2) A MATTRESS MAY BE INCI NERATED IF: 26
(I) THE MATTRESS IS CONTA MINATED WITH BIOLOGICAL 27
FLUIDS, TOXINS, OR INFECTIOUS A GENTS; AND 28
(II) MANAGING THE MATTRESS FOR RECLAMATION , 29
RECYCLING, REUSE, OR DISASSEMBLY PRESE NTS AN UNACCEPTABLE HEALTH OR 30
SAFETY RISK TO THE W ORKERS OR THE GENERA L PUBLIC. 31 HOUSE BILL 1226 9
9–1731. RESERVED. 1
9–1732. RESERVED. 2
PART V. MATTRESS STEWARDSHIP PROGRAM. 3
9–1733. 4
(A) ON OR BEFORE JULY 1, 2023, PRODUCERS OF MATTRES SES SOLD AT 5
RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION ACTING ON A 6
PRODUCER’S BEHALF, SHALL SUBMIT A PLAN FOR THE ESTABLISHMEN T OF A 7
MATTRESS STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROVAL . 8
(B) (1) THE PLAN REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION 9
SHALL: 10
(I) IDENTIFY THE MATERIAL S, ENTITIES, AND RESPONSIBLE 11
PARTIES COVERED UNDE R THE PLAN; 12
(II) DESCRIBE THE ORGANIZATION AL STRUCTURE OF ANY 13
REPRESENTATIVE ORGANIZATION ; 14
(III) DESCRIBE THE FINANCIN G METHOD FOR THE PLAN , 15
INCLUDING HOW FEES W ILL BE STRUCTURED AN D COLLECTED ; 16
(IV) DESCRIBE SOUND MANAGEMENT PRAC TICES THAT WILL BE 17
USED FOR WORKER HEALTH AN D SAFETY; 18
(V) DESCRIBE HOW DISCARDED MATTRES SES NOT COVERED 19
UNDER THE PROGRAM WILL BE HANDLED ; 20
(VI) DESCRIBE HOW PRODUCERS WILL : 21
1. WORK WITH EXISTING RECYCLING P ROGRAMS AND 22
INFRASTRUCTURE ; 23
2. CONSULT WITH STATE AND LOCAL GOVER NMENTS 24
AND OTHER STAKEHOLDE RS; AND 25
3. CONDUCT RESEARCH AS N EEDED TO IMPROVE THE 26
COLLECTION AND RECYC LING OF MATTRESSES ; 27
10 HOUSE BILL 1226
(VII) DESCRIBE HOW MATTRESS WASTE MA NAGEMENT ENTITIES 1
WILL BE SOLICITED , RECRUITED, AND SUPPORTED , INCLUDING: 2
1. EXISTING MUNICIPAL , PRIVATE, AND NONPROFIT 3
ENTITIES IN THE STATE THAT WORK IN THE MATTRESS WASTE STREAM 4
MANAGEMENT FIELD ; 5
2. EXISTING ENTITIES IN THE STATE THAT WORK IN TH E 6
GENERAL WASTE MANAGE MENT FIELD; 7
3. ENTITIES THAT HAVE EXPERIENCE IN OR PRIORITIZE 8
DISAGGREGATION , REUSE, AND RECYCLI NG OF COMPONENT MATT RESS PARTS; 9
4. MINORITY BUSINESS ENT ERPRISES; 10
5. MINORITY–OWNED BUSINESSES THA T ARE NOT 11
DESIGNATED AS M INORITY BUSINESS ENT ERPRISES; 12
6. WOMAN–OWNED BUSINESSES ; 13
7. VETERAN–OWNED BUSINESSES ; AND 14
8. BUSINESSES THAT PRIORITIZE THE TRAIN ING AND 15
HIRING OF: 16
A. INDIVIDUALS REENTERING SOCIETY A FTER 17
IMPRISONMENT ; 18
B. INDIVIDUALS EXPERIENCING HOMELES SNESS AND 19
HOUSING INSECURITY ; 20
C. INDIVIDUALS IN ADDICTION RECOVER Y; 21
D. INDIVIDUALS WITH DISABILITIES; AND 22
E. INDIVIDUALS WHO ARE OTHERWISE 23
SOCIOECONOMICALLY OR HISTORICALLY MARGINA LIZED OR DISADVANTAG ED; 24
(VIII) PROVIDE ACCEPTABLE OPTIONS FO R THE MANAGEMENT OF 25
DEEPLY CONTAMINATED MATTRESSES ; 26
(IX) PROVIDE AN ESTIMATED ANNUAL OPERATING BUD GET; 27
HOUSE BILL 1226 11
(X) PROVIDE A PLAN FOR MARKET DEVELOPME NT; 1
(XI) PROVIDE THE TIME FRAME FOR ACHIEVING ZERO–WASTE 2
GOALS AND PROGRAM PROFITABILITY AND SU STAINABILITY WITHOUT THE NEED 3
FOR FEES BY: 4
1. ENCOURAGING EXPANSION AND DEVELOPMENT OF 5
DOWNSTREAM MARKETS FOR DISAGGREGATED COMPON ENT MATTRESS PARTS ; 6
2. INCREASING EFFICIENCI ES OF END –OF–LIFE 7
PRODUCT MANAGEMENT ; AND 8
3. ENCOURAGING EFFECTIVE COORDINATION AND 9
SHARING OF RESOURCES WHERE POSSIBLE ; AND 10
(XII) PROVIDE A PLAN IN CASE OF CLOSURE O F THE PROGRAM. 11
(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 12
AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF MA TTRESS DISPOSAL 13
BY: 14
(I) PROMOTING MATTRESS RE USE AND RECYCLING ; AND 15
(II) NEGOTIATING AND EXECU TING AGREEMENTS TO COL LECT, 16
TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 17
OF MATTRESSES . 18
(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 19
STATE COLLECTION OF M ATTRESSES THAT : 20
(I) PROVIDES FOR FREE ACCESS TO COLLECTION OR 21
DROP–OFF OF MATTRESS ES FROM RESIDENTIAL , COMMERCIAL , INSTITUTIONAL, OR 22
OTHER SOURCES , ALONG WITH CONVENIENCE EQUAL TO OR GREATER THAN THE 23
COLLECTION PROGRAMS AVAILABLE TO CONSUME RS PRIOR TO THE MATTRESS 24
STEWARDSHIP PROGRAM STATEWIDE; 25
(II) PROVIDES A CONVENIENT METHOD FOR THE PUBLIC TO 26
ACCESS A LIST OF COL LECTION OR DROP –OFF OPTIONS; 27
(III) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 28
MATTRESS STEWARDSHIP PROGRAM AND THE BRAND S OF MATTRESSES SOLD IN 29
THE STATE THAT ARE COVERE D BY THE PROGRAM; 30
12 HOUSE BILL 1226
(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 1
NUMBER AND DISTRIBUT ION OF SITES FOR ALL COLLECTION OF POSTCO NSUMER 2
MATTRESSES BASED ON THE FOLLOWING CRITER IA: 3
1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 4
SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 5
2. UNLESS OTHERWISE APPR OVED BY THE 6
DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 7
EVERY 50,000 RESIDENTS OF A GEOGR APHICAL AREA DESIGNA TED UNDER FEDERAL 8
LAW AS AN URBANIZED AREA; 9
(V) PROVIDES INFORMATION ON HOW MATTRESSES 10
CONTAMINATED BY BIOL OGICAL FLUIDS, TOXINS, OR INFECTIOUS AGENTS WILL BE 11
DISPOSED OF, INCLUDING WHETHER TH E DISPOSAL WILL BE H ANDLED IN OR OUT 12
OF THE STATE; AND 13
(VI) ALLOWS FOR SCHEDULING AND P ICK–UP OF MATTRESSES 14
FROM PRIVATE PROPERTY . 15
(4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER 16
MATTRESS COLLECTION SITE IF: 17
(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 18
MATTRESS COLLECTION SITE; 19
(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 20
LAWS AND REGULATIONS ; AND 21
(III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 22
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER MATTRES S 23
COLLECTION LOCATIONS . 24
(5) THE PLAN SHALL ESTABL ISH: 25
(I) A UNIFORM MATTRESS STE WARDSHIP ASSESSMENT FOR 26
ALL MATTRESSES SOLD IN THE STATE; AND 27
(II) A MECHANISM FOR PRODUC ERS PARTICIPATING IN A 28
MATTRESS STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 29
ORGANIZATION PAYMENT OF THE MATTRESS STEW ARDSHIP ASSESSMENT FOR EACH 30
MATTRESS SOLD IN THE STATE. 31
HOUSE BILL 1226 13
(6) THE PLAN SHALL ESTABL ISH PERFORMANCE GOAL S FOR: 1
(I) THE COLLECTION RATES OF DISCARDED MATTRES SES; 2
(II) THE RECYCLING RATES O F DISCARDED MATTRESS ES, 3
INCLUDING CLOSED –LOOP RECYCLING ; 4
(III) THE RENOVATION RATES OF DISCARDED MATTRES SES; AND 5
(IV) PUBLIC AWARENESS OF T HE MATTRESS STEWARDSHIP 6
PROGRAM. 7
(7) THE TOTAL AMOUNT OF T HE MATTRESS STEWARDS HIP 8
ASSESSMENT MAY NOT E XCEED THE COSTS OF I MPLEMENTING THE MATTRESS 9
STEWARDSHIP PROGRAM. 10
(8) (I) THE MATTRESS STEWARDS HIP ASSESSMENT SHALL BE 11
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 12
DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING THE MATTRESS 13
STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 14
(II) THE COST OF ANY WORK PERFORMED BY AN INDEPENDENT 15
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE MATTRESS STEWARDSHIP 16
PROGRAM. 17
(9) MATTRESS STEWARDSHIP ASSESSMENTS MAY BE USED ONLY TO 18
IMPLEMENT THE MATTRESS STEWARDSHIP PROGRAM. 19
(10) WHEN THE MATTRESS STEWARDSHIP PROGRAM BECOMES 20
PROFITABLE BASED ON ANY PRODUCTS IT PROD UCES FROM THE RECYCL ED 21
MATERIAL, ASSESSMENT FEE S SHALL BE PHASED OUT . 22
(11) (I) EACH PLAN SUBMITTED U NDER PARAGRAPH (1) OF THIS 23
SUBSECTION AND APPROVED BY THE DEPARTMENT SHALL BE REEVALUATED BY 24
THE DEPARTME NT EVERY 5 YEARS. 25
(II) THE DEPARTMENT MAY REQUIR E A PLAN TO BE REVIS ED 26
BEFORE ITS TIME PERIOD ENDS IF TARGETS ARE NOT B EING MET OR THERE IS A 27
CHANGE IN CIRCUMSTAN CES THAT WARRANTS A REVISION. 28
(C) (1) THE DEPARTMENT SHALL REVI EW: 29
(I) THE MATTRESS STEWARDSHIP PROGRAM PLAN REQUIRED 30 14 HOUSE BILL 1226
UNDER SUBSECTION (A) OF THIS SECTION; AND 1
(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 2
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E MATTRESS 3
STEWARDSHIP ASSESSME NTS. 4
(2) THE PRODUCER OR REPR ESENTATIVE ORGANIZAT ION THAT 5
SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 6
DEPARTMENT TO BE DEPO SITED INTO THE STATE RECYCLING TRUST FUND UNDER 7
§ 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 8
REVIEW, INCLUDING ASSOCIATE D COSTS FOR MATTRESS STEWARDSHIP PROGRAM 9
COMPLIANCE OVERSIGHT , AS DETERMINED BY THE DEPARTMENT . 10
(3) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 11
STEWARDSHIP PROGRAM PLAN , INCLUDING THE MATTRE SS STEWARDSHIP 12
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSECTION (B) OF THIS 13
SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 14
(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 15
AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED MATTRESS 16
STEWARDSHIP PROGRAM. 17
(D) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 18
IMPLEMENT ITS MATTRESS STEWARDSHIP PROGRAM PLAN WITHIN 1 YEAR AFTER 19
THE PLAN’S APPROVAL BY THE DEPARTMENT . 20
(2) BEGINNING 1 YEAR AFTER A PRODUCER OR REPRES ENTATIVE 21
ORGANIZATION ’S PLAN IS APPROVED: 22
(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 23
SALE A BRAND OF MATT RESS TO ANY PERSON I N THE STATE, UNLESS THE 24
PRODUCER OF THE BRAN D OR A REPRESENTATIV E ORGANIZATION OF WHICH THE 25
PRODUCER IS A MEMBER IS IMPLEMENTING AN A PPROVED MATTRESS 26
STEWARDSHIP PROGRAM; 27
(II) A PRODUCER SHALL ADD T HE MATTRESS STEWARDS HIP 28
ASSESSMENT ESTABLISH ED UNDER AN APPROVED MATTRESS STEWARDSHIP 29
PROGRAM TO THE COST O F ALL MATTRESSES SOL D TO RETAILERS AND 30
DISTRIBUTED IN THE STATE; AND 31
(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A MATTRESS 32
STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL MATTRESS ES SOLD IN 33
THE STATE BY DISPLAYING A LINE ITEM ON THE RECEIPT FOR THE ADDED COST . 34 HOUSE BILL 1226 15
(E) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 1
AN APPROVED MATTRESS STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS 2
WITH EDUCATIONAL MAT ERIALS REGARDING THE PROGRAM THAT INCLUDE : 3
(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 4
MANAGEMENT OPTIONS F OR MATTRESSES OFFERE D THROUGH THE PROGRAM; AND 5
(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 6
ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING THE PROGRAM IS INCLUDED 7
IN THE PURCHASE PRIC E OF ALL MATTRESSES SOLD IN THE STATE. 8
(F) FOLLOWING THE IMPLEME NTATION OF THE MATTRESS STEWARDSHIP 9
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 10
ON THE DATE THE MATT RESS WAS ORDERED FRO M THE PRODUCER OR IT S AGENT, 11
THE PRODUCER OF THE MATTRESS BRAND IS LI STED ON THE DEPARTMENT’S 12
WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED MATTRESS 13
STEWARDSHIP PROGRAM. 14
(G) A POSTCONSUMER MATTRES S COLLECTION SITE TH AT IS IDENTIFIED IN 15
THE PLAN MAY NOT CHA RGE AN ADDITIONAL FE E FOR THE DISPOSAL O F 16
MATTRESSES WHEN MATTRESSES ARE OFFERED FOR DISPOSAL , REUSE, OR 17
RECYCLING. 18
(H) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 19
THE COLLECTION , TRANSPORT, AND PROCESSING OF TH E MATTRESSES IN 20
ACCORDANCE WITH AN A PPROVED MATTRESS STEWARDSHIP PROGRAM SHALL BE 21
IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A V IOLATION OF ANTITRUS T, 22
RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 23
UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 24
(I) (1) BEGINNING MARCH 1, 2025, OR 1 YEAR AFTER PLAN APPROVAL , 25
WHICHEVER IS LATER , AND ANNUALLY THEREAF TER, THE PRODUCER OR 26
REPRESENTATIVE ORGAN IZATION SHALL SUBMIT TO THE DEPARTMENT AND 27
PUBLISH ONLINE A REP ORT THAT DETAILS THE MATTRESS STEWARDSHIP 28
PROGRAM, INCLUDING: 29
(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 30
TRANSPORT, AND PROCESS MATTRESSES I N THE STATE; 31
(II) THE VOLUME AND TYPE OF MATTRESSES COLLEC TED IN 32
THE STATE SORTED BY TYPE OF COLLECTION S ITE; 33
16 HOUSE BILL 1226
(III) THE VOLUME AND TYPE O F MATTRESSES COLLECT ED IN 1
THE STATE BY METHODS OF DISPOSITION , INCLUDING REUSE , RECYCLING, AND 2
OTHER METHODS OF PRO CESSING OR DISPOSAL , WHICH INCLUDES AN ACCOUNTI NG 3
OF THE VOLUME OF MAT TRESSES COLLECTED IN THE STATE FOR EACH COUNTY IN 4
THE STATE; 5
(IV) THE TOTAL COST OF IMP LEMENTING AND ADMINI STERING 6
THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED 7
BY THE MATTRESS STEW ARDSHIP ASSESSMENT ; 8
(V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 9
CONSUMERS OF MATTRES S DISPOSAL, A SUMMARY OF PUBLIC EDUCATION EFFORTS , 10
AND AN EVALUATION OF THE EFFECTIVENESS OF THESE METHODS ; 11
(VI) AN EVALUATION OF WHY MATTRESSES THAT WERE NOT 12
RECYCLED WERE NOT RE CYCLED; 13
(VII) THE TOTAL SALE OF MAT TRESSES SOLD TO CONS UMERS IN 14
THE PREVIOUS YEAR ; 15
(VIII) STRATEGIES TO ADDRESS DIS CARDED MATTRESSES TH AT 16
ARE ILLEGALLY DUMPED , INCLUDING THE POTENTIAL UTILIT Y OF A DISPOSAL BAN ; 17
(IX) REPORTS ON RESEARCH A CTIVITIES AND PILOT 18
PROGRAMS; 19
(X) A DISCUSSION OF ANY CH ANGES IN MATTRESS DE SIGN; AND 20
(XI) ANY OTHER INFORMATION REQUIRED BY THE 21
DEPARTMENT . 22
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 23
SUBMITS A REPORT REQ UIRED UNDER THIS SUB SECTION SHALL PAY A REPORT 24
REVIEW FEE TO THE DEPARTMENT TO BE DEPO SITED INTO THE STATE RECYCLING 25
TRUST FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S 26
COST OF REPORT REVIE W, INCLUDING ASSOCIATED COSTS FOR PROGRAM 27
COMPLIANCE OVERSIGHT , AS DETERMINED BY THE DEPARTMENT . 28
(J) (1) THE DEPARTMENT SHALL REVI EW THE ANN UAL REPORT 29
REQUIRED UNDER SUBSE CTION (I) OF THIS SECTION AND : 30
(I) EVALUATE THE TOTAL CO STS OF THE MATTRESS 31
STEWARDSHIP PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO 32 HOUSE BILL 1226 17
DETERMINE WHETHER TH E MATTRESS STEWARDSH IP ASSESSMENT MEETS OR 1
EXCEEDS THE COSTS OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (B)(8) 2
OF THIS SECTION; AND 3
(II) DETERMINE WHETHER THE PROGRAM IS BEING 4
IMPLEMENTED IN ACCOR DANCE WITH THE PLAN APPROVED UN DER SUBSECTION (C) 5
OF THIS SECTION. 6
(2) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 7
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE MATTRE SS STEWARDSHIP 8
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF THIS S ECTION, THE 9
DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 10
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATION SHALL 11
MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 12
(4) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 13
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE MATTRE SS STEWARDSHIP 14
ASSESSMENT , DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION, THE 15
PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT TO THE 16
DEPARTMENT A PLA N ON HOW THEY WILL A DDRESS THE NONCOMPLI ANCE IN THE 17
UPCOMING YEAR . 18
(K) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 19
DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 20
KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBLIC 21
INSPECTION. 22
(2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 23
NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 24
RETAILER, OR REPRESENTATIVE OR GANIZATION. 25
9–1734. 26
(A) THERE IS A MATTRESS STEWARDSHIP ADVISORY BOARD. 27
(B) THE PURPOSE OF THE ADVISORY BOARD IS TO ADVISE ON THE PROPER 28
IMPLEMENTATION AND S USTAINABILITY OF THE MATTRESS STEWARDSHIP 29
PROGRAM. 30
(C) THE ADVISORY BOARD CONSISTS OF THE FOLL OWING MEMBERS : 31
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 32 18 HOUSE BILL 1226
PRESIDENT OF THE SENATE; 1
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 2
SPEAKER OF THE HOUSE; 3
(3) THE SECRETARY OF THE ENVIRONMENT , OR THE SECRETARY’S 4
DESIGNEE; 5
(4) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; 6
(5) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S 7
DESIGNEE; 8
(6) THE COMPTROLLER , OR THE COMPTROLLER ’S DESIGNEE; AND 9
(7) THE FOLLOWING INDIVID UALS, APPOINTED BY THE GOVERNOR: 10
(I) ONE REPRESENTATIVE OF MATTRESS RETAILERS ; 11
(II) ONE REPRESENTATIVE OF THE MATTRESS 12
MANUFACTURING INDUST RY; 13
(III) ONE REPRESENTATIVE OF THE MARYLAND CHAPTER OF 14
THE SIERRA CLUB; 15
(IV) ONE REPRESENTATIVE OF AN ENVIRONMENTAL ADV OCACY 16
GROUP; 17
(V) ONE REPRESENTATIVE OF THE MARYLAND ASSOCIATION 18
OF COUNTIES; AND 19
(VI) ONE CONSUMER REPRESENTAT IVE EACH FROM WESTERN 20
MARYLAND, CENTRAL MARYLAND, SOUTHERN MARYLAND, AND THE EASTERN 21
SHORE. 22
(D) (1) THE ADVISORY BOARD SHALL REVIEW AN D EVALUATE: 23
(I) THE STRUCTURE , FINANCING, AND OTHER ASPECTS OF THE 24
MATTRESS STEWARDSHIP PROGRAM; AND 25
(II) WHETHER PENALTIES SHO ULD BE ESTABLISHED F OR 26
VIOLATING PROGRAM REQUIREMENTS . 27
HOUSE BILL 1226 19
(2) THE ADVISORY BOARD SHALL CONSULT W ITH AND ADVISE 1
PRODUCERS AND REPRES ENTATIVE ORGANIZATIONS AS THEY PREPARE THE PLAN 2
REQUIRED UNDER § 9–1733(A) OF THIS PART. 3
(3) ON OR BEFORE DECEMBER 1, 2023, THE ADVISORY BOARD SHALL 4
REPORT ITS FINDINGS AND REC OMMENDATIONS , IN ACCORDANCE WITH § 2–1257 OF 5
THE STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY. 6
9–1735. 7
(A) THE DEPARTMENT MAY COOPER ATE WITH DEPARTMENTS , AGENCIES, 8
AND OTHER EQUIVALENT BODIES IN OTHER STAT ES IN ORDER TO FURTH ER THE 9
OBJECTIVES OF THIS P ART. 10
(B) (1) THE DEPARTMENT SHALL ADOP T MEASURES TO MOVE T HE STATE 11
TOWARD A MORE EQUITABLE RECYC LING AND WASTE MANAG EMENT SYSTEM AND TO 12
SEEK ENVIRONMENTAL J USTICE FOR UNDERSERV ED COMMUNITIES . 13
(2) MEASURES ADOPTED UNDE R THIS SUBSECTION MAY INCLU DE: 14
(I) CONDUCTING STUDIES ON HOW TO IMPROVE ACCES S TO 15
RECYCLING FOR UNDERS ERVED COMMUNITIES ; 16
(II) CONDUCTING STUDIES ON HOW TO IMPROVE SOCIA L 17
EQUITY WITHIN THE RE CYCLING SYSTEM , INCLUDING ENSURING EQUITABLE 18
EMPLOYMENT AND DEVEL OPMENT OPPORTUNITIES ; 19
(III) PROVIDING A PLATFORM FOR RECOMMENDATIONS FROM 20
ENVIRONMENTAL JUSTIC E AND COMMUNITY–BASED ORGANIZATIONS ON HOW TO 21
IMPROVE THE PROGRAM; 22
(IV) REQUIRING STEWARDSHIP ORGANIZATIONS TO 23
GUARANTEE PRODUCTS ARE TRANSFERRED TO R ESPONSIBLE END MARKE TS THAT 24
MEET ENVIRONMENTAL A ND PUBLIC SAFETY STA NDARDS; 25
(V) REQUIRING ALL CONTRAC TS MADE BY A STEWARD SHIP 26
ORGANIZATION TO INCLUDE LANGUAGE GUARANTEEING A LIVAB LE WAGE AND 27
QUALITY BENEFITS TO WORKERS; AND 28
(VI) REQUIRING STEWARDSHIP ORGANIZATIONS TO TRA NSLATE 29
ALL EDUCATIONAL MATE RIALS INTO THE LANGU AGES SPOKEN BY LOCAL 30
POPULATIONS AND TO E NSURE THAT COLLECTION INFRASTRU CTURE IS 31
ACCESSIBLE TO DISABL ED RESIDENTS. 32 20 HOUSE BILL 1226
(C) THE DEPARTMENT SHALL ADOP T REGULATIONS TO ENF ORCE THIS 1
PART. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2022. 4