EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1355*
HOUSE BILL 1355
M3 4lr1208
HB 930/23 – ENT & ECM
By: Delegates Hill, Boyce, Fair, Foley, Guyton, Kaufman, Lehman, R. Long,
McCaskill, Ruth, Simpson, Taveras, Terrasa, and Woods
Introduced and read first time: February 9, 2024
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, subject to a certain exception; prohibiting, on or after a certain 5
date, a person from disposing of a mattress in an incinerator, subject to a certain 6
exception; requiring certain producers of mattresses sold at retail in the State or a 7
certain representative organization to submit a plan for the establishment of a 8
Mattress Stewardship Program to the Department of the Environment for approval 9
on or before a certain date and in accordance with certain requirements; requiring a 10
certain plan to establish a certain assessment on mattresses sold in the State that is 11
necessary to cover certain costs; requiring retailers to provide certain information to 12
consumers following the implementation of a Mattress Stewardship Program; 13
requiring the Office of Recycling within the Department to review and approve 14
certain plans and annual reports, including a certain assessment; requiring certain 15
producers and retailers or distributors to add a certain assessment to the cost of all 16
mattresses sold in the State beginning on a certain date; requiring a certain producer 17
or representative organization to implement a certain program within a certain 18
amount of time after the Department approves a certain plan; prohibiting a producer 19
or retailer from selling or offering for sale certain mattresses under certain 20
circumstances after a certain amount of time after the Department approves a 21
certain plan; establishing the Mattress Stewardship Advisory Board; authorizing the 22
Department to cooperate with other entities in other states in order to further the 23
objectives of this Act; requiring the Department to adopt certain measures to move 24
the State toward a more equitable recycling and waste management system and to 25
seek environmental justice for underserved communities; and generally relating to 26
the disposal of mattresses and the Mattress Stewardship Program. 27
BY repealing and reenacting, without amendments, 28
Article – Environment 29 2 HOUSE BILL 1355
Section 9–1701(a), (i), and (m) and 9–1702(a) 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2023 Supplement) 3
BY adding to 4
Article – Environment 5
Section 9–1701(j–1), (j–2), (j–3), (j–4), (o–1), (o–2), (r–2), (r–3), (r–4), (r–5), (r–6), and 6
(s–1) and 9–1715; and 9–1733 through 9–1737 to be under the new part “Part 7
V. Mattress Stewardship Program” 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 9–1702(d) and (e) and 9–1707(f) 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2023 Supplement) 15
Preamble 16
WHEREAS, In the United States, it is estimated that approximately 20 million 17
mattress units are disposed of annually and that fewer than 5% are recycled; and 18
WHEREAS, Mattresses deplete limited landfill space, create flammable air pockets, 19
damage equipment used at landfills, contribute to air pollution when incinerated or 20
disposed of in a landfill, contain nonbiodegradable synthetic foam and fibers and hazardous 21
flame–retardant chemicals that can leach into the drinking water, and contribute to 22
roadside litter when dumped illegally; and 23
WHEREAS, Mattresses pose practical challenges inherent to disposal because 24
mattresses are bulky and not easily compacted, making transport and disposal inefficient; 25
and 26
WHEREAS, Programs to address the disposal of mattresses that are good for the 27
environment and good for the economy have been implemented successfully in other 28
jurisdictions, including programs implemented through nonprofit organizations with 29
expertise in social enterprises; and 30
WHEREAS, Since 2013, California, Connecticut, and Rhode Island have 31
implemented successful mattress stewardship programs that have recycled 12 million 32
mattresses and diverted more than 450 million pounds of steel, foam, cotton, and wood from 33
disposal, and Oregon will be launching a similar program in 2024; and 34
WHEREAS, There are existing mattress recyclers in the State of Maryland who 35
manage mattress collection and reuse and recycling programs on behalf of local 36
government, educational institutions, nonprofit organizations, and individuals; and 37
HOUSE BILL 1355 3
WHEREAS, Under Executive Order 01.01.2017.13, Maryland has committed to 1
sustainable materials management practices, which use and manage materials as 2
efficiently and sustainably as possible; and 3
WHEREAS, According to Executive Order 01.01.2017.13, through source reduction, 4
reuse, and recycling, Maryland can extend existing disposal capacity, reduce the need to 5
construct new or expanded solid waste disposal facilities, conserve natural resources, and 6
support a productive economy through recovery of valuable resources; and 7
WHEREAS, According to Executive Order 01.01.2017.13, studies have shown that 8
diverting materials from disposal to reuse, recycling, and composting results in more jobs 9
and a more sustainable economy; and 10
WHEREAS, Executive Order 01.01.2017.13 establishes as the policy of the State that 11
solid waste and recycling should seek, among other things, to minimize the environmental 12
impacts of materials management over the materials’ entire life cycles; and 13
WHEREAS, Implementing policies for mattresses is consistent with existing State 14
policy; and 15
WHEREAS, Providing examp les of mattress recycling to Maryland communities 16
enables the consideration of environmental, economic, and social benefits in addressing the 17
disposal, collection, deconstruction, reuse, and recycling of mattresses; now, therefore, 18
SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Environment 21
9–1701. 22
(a) In this subtitle the following words have the meanings indicated. 23
(i) “Director” means the Director of the Office of Recycling. 24
(J–1) (1) “MATTRESS” MEANS A RESILIENT MA TERIAL OR COMBINATIO N OF 25
MATERIALS THAT IS EN CLOSED BY A TICKING , IS USED ALONE OR IN COMBINATION 26
WITH OTHER PRODUCTS , AND IS INTENDED FOR OR PROMOTED FOR SLEE PING ON. 27
(2) “MATTRESS” INCLUDES BOX SPRINGS AND ANY USED OR 28
RENOVATED MATERIALS . 29
(3) “MATTRESS” DOES NOT INCLUDE : 30
(I) AN UNATTACHED MATTRES S PAD OR TOPPER THAT IS 31
DESIGNED TO BE USED ON TOP OF OR IN ADDI TION TO A MATTRESS ; 32 4 HOUSE BILL 1355
(II) A WATERBED, AN AIR MATTRESS , OR ANY OTHER PRODUCT 1
THAT CONTAINS LIQU ID– OR GAS–FILLED TICKING AND T HAT DOES NOT CONTAIN 2
UPHOLSTERY MATERIAL BETWEEN THE TICKING AND THE MATTRESS COR E; 3
(III) A CARRIAGE, A BASKET, A DRESSING TABLE , A STROLLER, A 4
PLAYPEN, AN INFANT CARRIER , A LOUNGE PAD , A CRIB BUMPER , A CRIB MATTRESS , 5
A BASSINET MATTRESS , OR ANY OTHER PRODUCT MANUFACTURED FOR YOU NG 6
CHILDREN; 7
(IV) A SLEEPING BAG; 8
(V) A PILLOW; 9
(VI) A FUTON, SLEEPER SOFA , OR FOLD–OUT SOFA BED; 10
(VII) A FOUNDATION ; 11
(VIII) A CAR BED; OR 12
(IX) FURNITURE THAT OTHERW ISE DOES NOT CONTAIN A 13
DETACHABLE MATTRESS . 14
(J–2) “MATTRESS CORE ” MEANS THE PRINCIPAL SUPPORT SYSTEM THAT IS 15
PRESENT IN A MATTRES S, INCLUDING: 16
(1) SPRINGS; 17
(2) FOAM; 18
(3) AN AIR BLADDER; 19
(4) A WATER BLADDER ; AND 20
(5) RESILIENT FILLING. 21
(J–3) “MATTRESS STEWARDSHIP ASSESSMENT” MEANS THE AMOUNT ADD ED 22
TO THE PURCHASE PRIC E OF MATTRESSES SOLD IN THE STATE THAT IS NECESSA RY 23
TO COVER THE MATTRESS STEWARDSHIP PROGRAM’S COST OF COLLECTING , 24
TRANSPORTING , MANAGING, AND PROCESSING POSTCONSUMER MATTRES SES 25
STATEWIDE. 26
(J–4) “MATTRESS WASTE MANAGE MENT ENTITY ” MEANS A WASTE 27 HOUSE BILL 1355 5
MANAGEMENT COMPANY A UTHORIZED OR CONTRAC TED BY THE MATTRESS 1
STEWARDSHIP PROGRAM TO COLLECT , DISAGGREGATE , REDUCE, REUSE, AND 2
RECYCLE MATTRESSES . 3
(m) “Office” means the Office of Recycling within the Department. 4
(O–1) (1) “POSTCONSUMER MATTRESS ” MEANS A MATTRESS NO LONGER 5
WANTED BY A PURCHASE R. 6
(2) “POSTCONSUMER MATTRESS ” INCLUDES UNUSED MATT RESSES 7
AND MATTRESSES THAT HAVE BEEN USED AND A BANDONED OR DISCARDE D IN THE 8
STATE. 9
(O–2) (1) “PRODUCER” MEANS: 10
(I) A MANUFACTURER OF MATT RESSES THAT SELLS , OFFERS 11
FOR SALE, OR DISTRIBUTES MATTR ESSES IN THE STATE UNDER THE PRODU CER’S 12
OWN NAME OR BRAND ; OR 13
(II) AN INDIVIDUAL WHO IMP ORTS MATTRESSES INTO THE 14
STATE TO SELL, OFFER FOR SALE , OR DISTRIBUTE IN THE STATE. 15
(2) “PRODUCER” INCLUDES THE OWNER O F A MATTRESS 16
TRADEMARK OR BRAND . 17
(R–2) (1) “RENOVATE” MEANS TO ALTER A DIS CARDED MATTRESS FOR 18
RESALE THROUGH REPLA CING THE TICKING OR FILLING, ADDING ADDITIONAL 19
FILLING, OR REPLACING COMPONE NTS OF THE DISCARDED MATTRESS WITH NEW OR 20
RECYCLED MATERIALS . 21
(2) “RENOVATE” DOES NOT INCLUDE : 22
(I) STRIPPING A DISCARDED MATTRESS OF THE TICK ING OR 23
FILLING WITHOUT ADDI NG NEW MATERIAL ; OR 24
(II) THE SANITIZATION OR S TERILIZATION OF A DISCARDE D 25
MATTRESS WITHOUT OTH ER ALTERATION TO THE DISCARDED MATTRESS . 26
(R–3) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 27
ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT AND OPERATE A 28
MATTRESS STEWARDSHIP PROGRAM. 29
(R–4) “RETAILER” MEANS ANY PERSON THAT OFFER S MATTRESSES FOR SAL E 30
AT RETAIL IN THE STATE. 31 6 HOUSE BILL 1355
(R–5) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 1
CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 2
OUTLETS, CATALOGUES , OR THE INTERNET OR ANY OTHER SIMILAR ELECTRONIC 3
MEANS. 4
(R–6) “SANITIZATION” MEANS THE DIRECT APP LICATION OF CHEMICAL S TO A 5
MATTRESS TO KILL PAT HOGENS THAT CAUSE HU MAN DISEASE. 6
(S–1) “STERILIZATION” MEANS THE MITIGATION OF ANY DELETERIOUS 7
SUBSTANCES OR ORGANI SMS, INCLUDING PATHOGENS THAT CAUSE HUMAN 8
DISEASE, FUNGI, AND INSECTS, FROM A MATTRESS OR F ILLING MATERIAL USIN G A 9
CHEMICAL OR HEAT PRO CESS. 10
9–1702. 11
(a) There is an Office of Recycling created within the Department. 12
(d) The Office shall: 13
(1) Assist the counties in developing an acceptable recycling plan required 14
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 15
the local governments; 16
(2) Coordinate the efforts of the State to facilitate the implementation of 17
the recycling goals at the county level; 18
(3) Review all recycling plans submitted as part of a county plan as 19
required under § 9–505 of this title and advise the Secretary on the adequacy of the 20
recycling plan; 21
(4) (I) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, 22
INCLUDING THE MATTRE SS STEWARDSHIP ASSESSME NT, SUBMITTED IN 23
ACCORDANCE WITH A MATTRESS STEWARDSHIP PROGRAM ESTABLISHED U NDER 24
PART V OF THIS SUBTITLE; 25
(II) PROVIDE TO LOCAL COMM UNITIES THE MOST UP –TO–DATE 26
INFORMATION ON LOCAL AND NATIONAL PROGRAM S FOR THE RECYCLING AND 27
REUSE OF MATTRESSES ; AND 28
(III) PROVIDE TO LOCAL COMM UNITIES FOR CONSIDER ATION 29
EXAMPLES OF MATTRESS RECYCLING PROGRAMS T HAT CREATE JOBS FOR : 30
1. UNEMPLOYED INDIVIDUAL S; 31
HOUSE BILL 1355 7
2. HOMELESS INDIVIDUALS ; 1
3. DISADVANTAGED YOUTH ; 2
4. INDIVIDUALS WITH DISABILITIES; 3
5. INDIVIDUALS WHO WERE INCARCERATED IN A LO CAL, 4
STATE, OR FEDERAL CORRECTIO NAL FACILITY; AND 5
6. OTHER DISADVANTAGED I NDIVIDUALS; 6
[(4)] (5) Administer the Statewide Electronics Recycling Program under 7
Part IV of this subtitle; and 8
[(5)] (6) Promote the development of markets for recycled materials and 9
recycled products in the State in accordance with § 9–1702.1 of this subtitle. 10
(e) On or before December 31, 2024, and every 2 years thereafter, the Office shall, 11
in coordination with the Maryland Environmental Service, study and report to the 12
Governor and, subject to § 2–1257 of the State Government Article, the General Assembly 13
on: 14
(1) The identification and location of recycling centers, including an 15
analysis of existing recycling centers and the need to expand these facilities or construct 16
new recycling centers; 17
(2) Programs necessary to educate the public on the need to participate in 18
recycling efforts; 19
(3) The economics and financing of existing and proposed systems of waste 20
disposal and recycling; 21
(4) State procurement policies for the purchase of recycled materials; 22
(5) Programs necessary to reduce the amount of solid waste generated for 23
disposal by a State agency or unit; 24
(6) The liaison role with local governments, the federal government, and 25
the private sector; 26
(7) The percentage reduction in the amount of solid waste that has been 27
achieved by each county; [and] 28
(8) Economically feasible methods for the recycling of scrap automobile 29
tires, batteries, and white goods; AND 30
8 HOUSE BILL 1355
(9) THE PROGRESS MADE IN THE STATE IN DIVERTING MA TTRESSES 1
FROM DISPOSAL IN LAN DFILLS AND INCINERAT ORS. 2
9–1707. 3
(f) (1) There is a State Recycling Trust Fund. 4
(2) The Fund shall consist of: 5
(i) The newsprint recycling incentive fee; 6
(ii) The telephone directory recycling incentive fee collected under § 7
9–1709 of this subtitle; 8
(iii) The covered electronic device manufacturer registration fee 9
collected under § 9–1728 of this subtitle; 10
(IV) THE MATTRESS STEWARDSHIP PROGRAM PLAN AND 11
ANNUAL REPORT REVIEW FEES COLLECTED UNDER § 9–1734(C)(2) AND (I)(2) OF 12
THIS SUBTITLE; 13
[(iv)] (V) All fines and penalties collected under this subtitle; 14
[(v)] (VI) Money appropriated in the State budget to the Fund; and 15
[(vi)] (VII) Any other money from any other source accepted for the 16
benefit of the Fund. 17
(3) The Secretary shall administer the Fund. 18
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 19
account for the Fund. 20
(5) At the end of each fiscal year, any unspent or unencumbered balance in 21
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 22
accordance with § 7–302 of the State Finance and Procurement Article. 23
(6) In accordance with the State budget, the Fund shall be used only: 24
(i) To provide grants to the counties to be used by the counties to 25
develop and implement local recycling plans; 26
(ii) To provide grants to counties that have addressed methods for 27
the separate collection and recycling of covered electronic devices in accordance with § 28
9–1703(c)(1) of this subtitle; 29
HOUSE BILL 1355 9
(iii) To provide grants to municipalities to be used by the 1
municipalities to implement local covered electronic device recycling programs; [and] 2
(IV) TO COVER THE ACTUAL C OSTS OF THE MATTRESS 3
STEWARDSHIP PROGRAM PLAN REVIEW A ND ANNUAL REPORT REV IEW UNDER § 4
9–1734 OF THIS SUBTITLE AND ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 5
OVERSIGHT; AND 6
[(iv)] (V) To carry out the purposes of the land management 7
administration. 8
(7) (i) The Treasurer shall invest the money in the Fund in the same 9
manner as other State money may be invested. 10
(ii) Any investment earnings of the Fund shall be credited to the 11
General Fund of the State. 12
9–1715. 13
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 14
ON OR AFTER JANUARY 1, 2029, A PERSON MAY NOT DIS POSE OF A MATTRE SS IN A 15
LANDFILL. 16
(2) A PERSON MAY DISPOSE O F A MATTRESS IN A LA NDFILL IF THE 17
MATTRESS IS DEEPLY C ONTAMINATED , THE MATTRESS CANNOT BE RENOVATED , 18
AND NO PARTS OF THE MATTRESS CAN BE RECY CLED. 19
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECT ION, 20
ON OR AFTER JANUARY 1, 2029, A PERSON MAY NOT DIS POSE OF A MATTRESS I N AN 21
INCINERATOR . 22
(2) A PERSON MAY DISPOSE O F A MATTRESS IN AN I NCINERATOR IF 23
THE MATTRESS IS DEEP LY CONTAMINATED , THE MATTRESS CANNOT BE 24
RENOVATED , AND NO PARTS OF THE MATTRESS C AN BE RECYCLED . 25
9–1731. RESERVED. 26
9–1732. RESERVED. 27
PART V. MATTRESS STEWARDSHIP PROGRAM. 28
9–1733. 29
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 30 10 HOUSE BILL 1355
INDICATED. 1
(B) “ADVISORY BOARD” MEANS THE MATTRESS STEWARDSHIP ADVISORY 2
BOARD. 3
(C) “PROGRAM” MEANS THE MATTRESS STEWARDSHIP PROGRAM. 4
9–1734. 5
(A) ON OR BEFORE JULY 1, 2025, PRODUCERS OF MATTRES SES SOLD AT 6
RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION ACTING ON A 7
PRODUCER’S BEHALF, SHALL SUBMIT A PLAN FOR THE ESTABLISHMEN T OF A 8
MATTRESS STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROV AL. 9
(B) (1) THE PLAN REQUIRED UND ER SUBSECTION (A) OF THIS SECTION 10
SHALL: 11
(I) IDENTIFY THE MATERIAL S, ENTITIES, AND RESPONSIBLE 12
PARTIES COVERED UNDE R THE PLAN; 13
(II) DESCRIBE THE ORGANIZA TIONAL STRUCTURE OF ANY 14
REPRESENTATIVE ORGAN IZATION; 15
(III) DESCRIBE THE FINANCIN G METHOD FOR THE PLA N, 16
INCLUDING HOW FEES W ILL BE STRUCTURED AN D COLLECTED ; 17
(IV) DESCRIBE SOUND MANAGE MENT PRACTICES THAT WILL BE 18
USED FOR WORKER HEAL TH AND SAFETY; 19
(V) DESCRIBE HOW DISCARDE D MATTRESSES NOT COV ERED 20
UNDER THE PROGRAM WILL BE HANDL ED; 21
(VI) DESCRIBE HOW PRODUCER S WILL: 22
1. WORK WITH EXISTING RE CYCLING PROGRAMS AND 23
INFRASTRUCTURE ; 24
2. CONSULT WITH STATE AND LOCAL GOVER NMENTS 25
AND OTHER STAKEHO LDERS; AND 26
3. CONDUCT RESEARCH AS N EEDED TO IMPROVE THE 27
COLLECTION AND RECYC LING OF MATTRESSES ; 28
HOUSE BILL 1355 11
(VII) DESCRIBE HOW MATTRESS WASTE MANAGEMENT ENT ITIES 1
WILL BE SOLICITED , RECRUITED, AND SUPPORTED , INCLUDING: 2
1. EXISTING MUNICIPAL , PRIVATE, AND NONPROFIT 3
ENTITIES IN THE STATE THAT WORK IN TH E MATTRESS WASTE STR EAM 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 EX PERIENCE IN OR PRIOR ITIZE 8
DISAGGREGATION , REUSE, AND RECYCLING OF COMP ONENT MATTRESS PARTS ; 9
4. MINORITY BUSINESS ENT ERPRISES; 10
5. MINORITY–OWNED BUSINESSES THA T ARE NOT 11
DESIGNATED AS MINORI TY BUSINESS ENTERPRI SES; 12
6. WOMAN–OWNED BUSINESSES ; 13
7. VETERAN–OWNED BUSINESSES ; AND 14
8. BUSINESSES THAT PRIOR ITIZE THE TRAINING A ND 15
HIRING OF: 16
A. INDIVIDUALS REENTERIN G SOCIETY AFTER 17
IMPRISONMENT ; 18
B. INDIVIDUALS EXPERIENC ING HOMELESSNESS AND 19
HOUSING INSECURITY ; 20
C. INDIVIDUALS IN ADDICT ION RECOVERY ; 21
D. INDIVIDUALS WITH DISABILITIES; AND 22
E. INDIVIDUALS WHO ARE O THERWISE 23
SOCIOECONOMICALLY OR HISTORICALLY MARGINA LIZED OR DISADVANTAG ED; 24
(VIII) PROVIDE AN ESTIMATED ANNUAL OPERATING BUD GET; 25
(IX) PROVIDE A PLAN FOR MA RKET DEVELOPMENT ; 26
(X) PROVIDE THE TIME FRAM E FOR ACHIEVING ZERO –WASTE 27 12 HOUSE BILL 1355
GOALS AND PROGRAM PROFITABILITY AND SUSTAINABILITY W ITHOUT THE NEED 1
FOR FEES BY: 2
1. ENCOURAGING EXPANSION AND DEVELOPMENT OF 3
DOWNSTREAM MARKETS F OR DISAGGREGATED COM PONENT MATTRESS PART S; 4
2. INCREASING EFFICIENCI ES OF E ND–OF–LIFE 5
PRODUCT MANAGEMENT ; AND 6
3. ENCOURAGING EFFECTIVE COORDINATION AND 7
SHARING OF RESOURCES WHERE POSSIBLE ; AND 8
(XI) PROVIDE A PLAN IN CAS E OF CLOSURE OF THE PROGRAM. 9
(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 10
AND FINANCIAL RESPONSIBILITY FOR , THE MANAGEMENT OF MA TTRESS DISPOSAL 11
BY: 12
(I) PROMOTING MATTRESS RE USE AND RECYCLING ; AND 13
(II) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 14
TRANSPORT, REUSE, RECYCLE, PROCESS FOR MATERIAL S RECOVERY, AND DISPOSE 15
OF MATTRESSES . 16
(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 17
COLLECTION OF MATTRE SSES STATEWIDE THAT : 18
(I) PROVIDES FOR FREE ACC ESS TO COLLECTION OR 19
DROP–OFF OF MATTRESSES FR OM RESIDENTIAL , COMMERCIAL , INSTITUTIONAL, OR 20
OTHER SOURCES , ALONG WITH CONVENIENCE EQUA L TO OR GREATER THAN THE 21
COLLECTION PROGRAMS AVAILABLE TO CONSUME RS PRIOR TO THE MATTRESS 22
STEWARDSHIP PROGRAM STATEWIDE ; 23
(II) PROVIDES A CONVENIENT METHOD FOR THE PUBLI C TO 24
ACCESS A LIST OF COL LECTION OR DROP –OFF OPTIONS; 25
(III) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 26
MATTRESS STEWARDSHIP PROGRAM AND THE BRAND S OF MATTRESSES SOLD IN 27
THE STATE THAT ARE COVERE D BY THE PROGRAM; 28
(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 29
NUMBER AND DISTRIBUT ION OF SITES FOR ALL COLLECTION OF POSTCONSU MER 30
MATTRESSES BASED ON THE FOLLOWING CRITER IA: 31 HOUSE BILL 1355 13
1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 1
SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 2
2. UNLESS OTHERWISE APPR OVED BY THE 3
DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABL ISHED FOR 4
EVERY 50,000 RESIDENTS OF A GEOGR APHICAL AREA DESIGNA TED UNDER FEDERAL 5
LAW AS AN URBANIZED AREA; 6
(V) PROVIDES INFORMATION ON HOW MATTRESSES 7
CONTAMINATED BY BIOL OGICAL FLUIDS, TOXINS, OR INFECTIOUS AGENTS WILL BE 8
DISPOSED OF, INCLUDING WHETHER TH E DISPOSAL WILL BE H ANDLED IN OR OUT 9
OF THE STATE; AND 10
(VI) ALLOWS FOR SCHEDULING AND PICK–UP OF MATTRESSES 11
FROM PRIVATE PROPERT Y. 12
(4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER 13
MATTRESS COLLECTION SITE IF: 14
(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 15
MATTRESS COLLECTION SITE; 16
(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 17
LAWS AND REGULATIONS ; AND 18
(III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 19
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSU MER MATTRESS 20
COLLECTION LOCATIONS . 21
(5) THE PLAN SHALL ESTABL ISH: 22
(I) A UNIFORM MATTRESS STE WARDSHIP ASSESSMENT FOR 23
ALL MATTRESSES SOLD IN THE STATE; AND 24
(II) A MECHANISM FOR PRODUC ERS PARTICIPATING IN A 25
MATTRESS STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 26
ORGANIZATION PAYMENT OF THE MATTRESS STEW ARDSHIP ASSESSMENT F OR EACH 27
MATTRESS SOLD IN THE STATE. 28
(6) THE PLAN SHALL ESTABL ISH PERFORMANCE GOAL S FOR: 29
(I) THE COLLECTION RATES OF DISCARDED MATTRES SES; 30 14 HOUSE BILL 1355
(II) THE RECYCLING RATES OF DISCARDED MATTRESSES , 1
INCLUDING CLOSED –LOOP RECYCLING ; 2
(III) THE RENOVATION RATES OF DISCARDED MATTRES SES; 3
(IV) THE NUMBER OF ILLEGAL LY DUMPED MATTRESSES AND 4
THE SHARE OF DUMPED MATTRESSES AS A PERC ENTAGE OF ALL MATTRE SSES IN 5
THE PROGRAM; AND 6
(V) PUBLIC AWARENESS OF T HE MATTRESS STEWARDSHIP 7
PROGRAM. 8
(7) THE TOTAL AMOUNT OF T HE MATTRESS STEWARDS HIP 9
ASSESSMENT MAY NOT E XCEED THE COSTS OF I MPLEMENTING THE MATTRESS 10
STEWARDSHIP PROGRAM. 11
(8) (I) THE MATTRESS STEWARDS HIP ASSESSMENT SHALL BE 12
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 13
DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING THE MATTRESS 14
STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 15
(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 16
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE MATTRESS STEWARDSHIP 17
PROGRAM. 18
(9) MATTRESS STEWARDSHIP ASSESSMENTS MAY BE U SED ONLY TO 19
IMPLEMENT THE MATTRESS STEWARDSHIP PROGRAM. 20
(10) WHEN THE MATTRESS STEWARDSHIP PROGRAM BECOMES 21
PROFITABLE BASED ON ANY PRODUCTS IT PRODUCES FROM THE RECYCLED 22
MATERIAL, ASSESSMENT FEES SHAL L BE PHASED OUT . 23
(11) (I) EACH PLAN SUBMITTED U NDER SUBSECTION (A) OF THIS 24
SECTION AND APPROVED BY THE DEPARTMENT SHALL BE R EEVALUATED BY THE 25
DEPARTMENT EVERY 5 YEARS. 26
(II) THE DEPARTMENT MAY REQUIRE A PLAN TO BE REVISED 27
BEFORE ITS TIME PERI OD ENDS IF TARGETS A RE NOT BEING MET OR THERE IS A 28
CHANGE IN CIRCUMSTAN CES THAT WARRANTS A REVISION. 29
(C) (1) THE DEPARTMENT SHALL REVI EW: 30
HOUSE BILL 1355 15
(I) THE MATTRESS STEWARDSHIP PROGRAM PLAN REQUIRED 1
UNDER SUBSECTION (A) OF THIS SECTION; AND 2
(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 3
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E MATTRESS 4
STEWARDSHIP ASSESSME NTS. 5
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 6
SUBMITS A PLAN FOR APPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 7
DEPARTMENT TO BE DEPO SITED INTO THE STATE RECYCLING TRUST FUND UNDER 8
§ 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 9
REVIEW, INCLUDING ASSOCIATED COSTS FOR MATTRESS STEWARDSHIP PROGRAM 10
COMPLIANCE OVERSIGHT , AS DETERMINED BY THE DEPARTMENT . 11
(3) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 12
STEWARDSHIP PROGRAM PLAN , INCLUDING THE MATTRE SS STEWARDSHIP 13
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (B) OF THIS 14
SECTION, THE DEPARTMEN T SHALL APPROVE THE PROGRAM. 15
(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 16
AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED MATTRESS 17
STEWARDSHIP PROGRAM. 18
(D) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 19
IMPLEMENT ITS MATTRESS STEWARDSHIP PROGRAM PLAN WITHIN 1 YEAR AFTER 20
THE PLAN’S APPROVAL BY THE DEPARTMENT . 21
(2) BEGINNING 1 YEAR AFTER A PRODUCE R’S OR REPRESENTATIVE 22
ORGANIZATION ’S PLAN IS APPROVED : 23
(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 24
SALE A BRAND OF M ATTRESS TO ANY PERSO N IN THE STATE, UNLESS THE 25
PRODUCER OF THE BRAN D OR A REPRESENTATIV E ORGANIZATION OF WH ICH THE 26
PRODUCER IS A MEMBER IS IMPLEMENTING AN A PPROVED MATTRESS 27
STEWARDSHIP PROGRAM; 28
(II) A PRODUCER SHALL ADD T HE MATTRESS STEWARDS HIP 29
ASSESSMENT ESTABLISHED UNDE R AN APPROVED MATTRESS STEWARDSHIP 30
PROGRAM TO THE COST O F ALL MATTRESSES SOL D TO RETAILERS AND 31
DISTRIBUTED IN THE STATE; AND 32
(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A MATTRESS 33
STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL MATTRESS ES SOLD IN 34 16 HOUSE BILL 1355
THE STATE BY DISPLAYING A LINE ITEM ON THE REC EIPT FOR THE ADDED C OST. 1
(E) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION 2
PARTICIPATING IN AN APPROVED MATTRESS STEWARDSHIP PROGRAM SHALL 3
PROVIDE CONSUMERS WI TH EDUCATIONAL MATER IALS REGARDING THE PROGRAM 4
THAT INCLUDE : 5
(I) INFORMATION REGARDING AVAILABLE END –OF–LIFE 6
MANAGEMENT OPTIONS F OR MATTRESSES OFFERE D THROUGH THE PROGRAM; AND 7
(II) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 8
ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING THE PROGRAM IS INCLUDED 9
IN THE PURCHASE PRIC E OF ALL MATTRESSES SOLD IN THE STATE. 10
(2) FOLLOWING THE IMPLEME NTATION OF THE MATTRESS 11
STEWARDSHIP PROGRAM, A RETAILER SHALL PROVI DE CONSUMERS , AT THE POINT 12
OF RETAIL SALE, WITH EDUCATIONAL MAT ERIALS, PROVIDED BY A PRODUC ER OR 13
REPRESENTATIVE ORGAN IZATION, ON AVAILABLE COLLECT ION OPPORTUNITIES 14
FOR POSTCONSUMER MAT TRESSES THROUGH THE PROGRAM. 15
(F) FOLLOWING THE IMP LEMENTATION OF THE MATTRESS STEWARDSHIP 16
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 17
ON THE DATE THE MATT RESS WAS ORDERED FRO M THE PRODUCER OR IT S AGENT, 18
THE PRODUCER OF THE MATTRESS BRAND IS LI STED ON THE DEPARTMENT ’S 19
WEBSITE AS IMPLEMENTING OR PART ICIPATING IN AN APPR OVED MATTRESS 20
STEWARDSHIP PROGRAM. 21
(G) A POSTCONSUMER MATTRES S COLLECTION SITE TH AT IS IDENTIFIED IN 22
THE PLAN MAY NOT CHA RGE AN ADDITIONAL FE E FOR THE DISPOSAL O F 23
MATTRESSES WHEN MATT RESSES ARE OFFERED F OR DISPOSA L, REUSE, OR 24
RECYCLING UNDER AN APPROVED MATTRESS STEWARDSHIP PROGRAM. 25
(H) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 26
THE COLLECTION , TRANSPORT, AND PROCESSING OF TH E MATTRESSES IN 27
ACCORDANCE WITH AN A PPROVED MATTRESS STEWARDSHIP PROGRAM S HALL BE 28
IMMUNE FROM LIABILIT Y FOR ANY CLAIM UNDER STATE LAW RELATING TO 29
ANTITRUST AND RESTRAINT OF TRADE , OR ANY UNFAIR, ABUSIVE, OR DECEPTIVE 30
TRADE PRACTICE , ARISING FROM CONDUCT UNDERTAKEN IN ACCORD ANCE WITH 31
THE PROGRAM. 32
(I) (1) BEGINNING MARCH 1, 2027, OR 1 YEAR AFTER PLAN APPR OVAL, 33
WHICHEVER IS LATER , AND ANNUALLY THEREAF TER, THE PRODUCER OR 34
REPRESENTATIVE ORGAN IZATION SHALL SUBMIT TO THE DEPARTMENT AND 35 HOUSE BILL 1355 17
PUBLISH ONLINE A REP ORT THAT DETAILS THE MATTRESS STEWARDSHIP 1
PROGRAM, INCLUDING: 2
(I) A DESCRIPTION OF THE METHODS USED TO COLLECT , 3
TRANSPORT, AND PROCESS MATTRESS ES IN THE STATE; 4
(II) THE VOLUME AND TYPE O F MATTRESSES COLLECT ED IN 5
THE STATE SORTED BY TYPE OF COLLECTION SITE ; 6
(III) THE VOLUME AND TYPE O F MATTRESSES COLLECT ED IN 7
THE STATE BY METHODS OF DISPOSITI ON, INCLUDING REUSE , RECYCLING, AND 8
OTHER METHODS OF PRO CESSING OR DISPOSAL , WHICH INCLUDES AN AC COUNTING 9
OF THE VOLUME OF MAT TRESSES COLLECTED IN THE STATE FOR EACH COUNTY IN 10
THE STATE; 11
(IV) THE TOTAL COST OF IMP LEMENTING AND ADM INISTERING 12
THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED 13
BY THE MATTRESS STEW ARDSHIP ASSESSMENT ; 14
(V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 15
CONSUMERS OF MATTRES S RECYCLING, REUSE, OR DISPOSAL, A SUMMARY OF 16
PUBLIC EDUCATION EFFORTS , AND AN EVALUATION OF THE EFFECTIVENESS OF 17
THESE METHODS ; 18
(VI) AN EVALUATION OF WHY MATTRESSES THAT WERE NOT 19
RECYCLED WERE NOT RE CYCLED; 20
(VII) THE TOTAL NUMBER OF M ATTRESSES SOLD TO CO NSUMERS 21
IN THE PREVIOUS YEAR ; 22
(VIII) STRATEGIES TO ADDRESS POS TCONSUMER AND DISCAR DED 23
MATTRESSES THAT ARE NOT INCLUDED IN THE PROGRAM AND THAT ARE ILLEGALLY 24
DUMPED; 25
(IX) REPORTS ON RESEARCH A CTIVITIES AND PILOT 26
PROGRAMS; 27
(X) A DISCUSSION OF ANY CH ANGES IN MATTRESS DE SIGN; 28
(XI) THE NUMBER OF POSTCONSUMER MATTRESSES RECEIVED 29
THROUGH COLLECTION T HAT WERE NOT INCLUDE D IN THE PROGRAM; 30
(XII) THE NUMBER OF POSTCON SUMER MATTRESSES THA T WERE 31 18 HOUSE BILL 1355
ILLEGALLY DUMPED AS REPORTED TO THE DEPARTMENT ; 1
(XIII) AN ANALYSIS OF HOW TH E DATA REQUIRED BY THIS 2
PARAGRAPH HAS CHANGE D OVER TIME; 3
(XIV) AN EVALUATION OF THE EFFECTIVENESS OF MET HODS AND 4
PROCESSES USED TO AC HIEVE THE GOALS OF T HE PROGRAM, INCLUDING 5
INFORMATION ON PROGR ESS MADE TOWARD ACHI EVING THE GOALS , AN 6
EXPLANATION OF WHY A NY GOALS WERE N OT MET DURING THE PR EVIOUS 7
CALENDAR YEAR , AND ANY EFFORTS THAT WILL BE TAKEN TO IMP ROVE PROGRESS 8
TOWARD MEETING THE G OALS IN THE FUTURE , IF APPLICABLE; 9
(XV) RECOMMENDATIONS FOR A NY CHANGES TO THE PROGRAM, 10
INCLUDING INFORMATIO N RELEVANT TO COMPLI ANCE WITH THE PLAN; AND 11
(XVI) ANY OTHER INFORMATION REQUIRED BY THE 12
DEPARTMENT . 13
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 14
SUBMITS A REPORT REQ UIRED UNDER THIS SUB SECTION SHALL PAY A REPORT 15
REVIEW FEE TO THE DEPARTMENT TO BE DEPO SITED INTO THE STATE RECYCLING 16
TRUST FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S 17
COST OF REPORT REVIE W, INCLUDING ASSOCIATED COSTS FOR PROGRAM 18
COMPLIANCE OVERSIGHT , AS DETERMINED BY THE DEPARTMENT . 19
(J) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL RE PORT 20
REQUIRED UNDER SUBSE CTION (I) OF THIS SECTION AND : 21
(I) EVALUATE THE TOTAL CO STS OF THE MATTRESS 22
STEWARDSHIP PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO 23
DETERMINE WHETHER TH E MATTRESS STEWARDSH IP ASSESSMENT MEETS OR 24
EXCEEDS THE COSTS OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (B)(8) 25
OF THIS SECTION; AND 26
(II) DETERMINE WHETHER THE PROGRAM IS BEING 27
IMPLEMENTED IN ACCOR DANCE WITH THE PLAN APPROVED UNDER SUBSE CTION (C) 28
OF THIS SECTION. 29
(2) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 30
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE MATTRE SS STEWARDSHIP 31
ASSESSMENT, COMPLIES WITH THE RE QUIREMENTS OF THIS S ECTION, THE 32
DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 33
HOUSE BILL 1355 19
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 1
MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 2
(4) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 3
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE MATTRE SS STEWARDSHIP 4
ASSESSMENT , DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION, THE 5
PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT TO THE 6
DEPARTMENT A PLAN ON HOW THE PRODUCER OR REPRESENTATIVE 7
ORGANIZATION WILL AD DRESS THE NONCOMPLIA NCE IN THE UPCOMING YEAR. 8
(K) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 9
DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 10
KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY N OT BE SUBJECT TO PUB LIC 11
INSPECTION. 12
(2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 13
NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 14
RETAILER, OR REPRESENTATIVE OR GANIZATION. 15
9–1735. 16
(A) THERE IS A MATTRESS STEWARDSHIP ADVISORY BOARD. 17
(B) THE PURPOSE OF THE ADVISORY BOARD IS TO ADVISE ON THE PROPER 18
IMPLEMENTATION AND S USTAINABILITY OF THE MATTRESS STEWARDSHIP 19
PROGRAM. 20
(C) THE ADVISORY BOARD CONSISTS OF THE FOLLOWING MEMBERS : 21
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 22
PRESIDENT OF THE SENATE; 23
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 24
SPEAKER OF THE HOUSE; 25
(3) THE SECRETARY OF THE ENVIRONMENT , OR THE SECRETARY’S 26
DESIGNEE; 27
(4) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; 28
(5) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S 29
DESIGNEE; 30
20 HOUSE BILL 1355
(6) THE COMPTROLLER , OR THE COMPTROLLER ’S DESIGNEE; AND 1
(7) THE FOLLOWING INDIVID UALS, APPOINTED BY THE GOVERNOR: 2
(I) ONE REPRESENTATIVE OF MATTRES S RETAILERS; 3
(II) ONE REPRESENTATIVE OF THE MATTRESS 4
MANUFACTURING INDUST RY; 5
(III) ONE REPRESENTATIVE OF MATTRESS RECYCLERS ; 6
(IV) ONE REPRESENTATIVE OF THE MARYLAND CHAPTER OF 7
THE SIERRA CLUB; 8
(V) ONE REPRESENTATIVE OF AN ENVIRONMENTAL ADV OCACY 9
GROUP; 10
(VI) ONE REPRESENTATIVE OF AN ADVOCACY GROUP FO R THE 11
REHABILITATION OF FO RMERLY INCARCERATED INDIVIDUALS; 12
(VII) ONE REPRESENTATIVE OF INDEPENDENT HAULERS OF 13
BULK WASTE; 14
(VIII) ONE REPRESENTATIVE OF THE MARYLAND ASSOCIATION 15
OF COUNTIES; AND 16
(IX) ONE CONSUMER REPRESEN TATIVE EACH FROM WESTERN 17
MARYLAND, CENTRAL MARYLAND, SOUTHERN MARYLAND, AND THE EASTERN 18
SHORE. 19
(D) IN APPOINTING INDIVID UALS TO THE ADVISORY BOARD, THE 20
GOVERNOR SHALL CONSID ER APPOINTING INDIVIDUALS FROM UND ERSERVED, 21
OVERBURDENED , LOW–INCOME, AND HISTORICALLY MAR GINALIZED COMMUNITIE S. 22
(E) (1) THE ADVISORY BOARD SHALL: 23
(I) REVIEW AND EVALUATE T HE STRUCTURE , FINANCING, AND 24
OTHER ASPECTS OF THE MATTRESS STEWARDSHIP PROGRAM; 25
(II) REVIEW AND EVALUATE E ACH MATTRESS STEWARD SHIP 26
PLAN REQUIRED UNDER § 9–1734(A) OF THIS SUBTITLE BEF ORE THE PLAN IS 27
SUBMITTED TO THE DEPARTMENT FOR APPROV AL; 28
HOUSE BILL 1355 21
(III) CONSULT WITH AND ADVI SE PRODUCERS AND 1
REPRESENTATIVE ORGAN IZATIONS AS THEY PRE PARE THE MAT TRESS 2
STEWARDSHIP PLAN ; 3
(IV) 1. RECEIVE AND REVIEW TH E MATTRESS STEWARDSH IP 4
PLANS SUBMITTED IN A CCORDANCE WITH § 9–1734 OF THIS SUBTITLE; AND 5
2. MAKE RECOMMENDATIONS TO THE DEPARTMENT 6
REGARDING MATTRESS S TEWARDSHIP PLAN APPR OVAL; 7
(V) 1. RECEIVE AND REVIEW ANNUAL REPORTS SUBMITTED 8
IN ACCORDANCE WITH § 9–1734 OF THIS SUBTITLE; AND 9
2. MAKE RECOMMENDATIONS TO THE DEPARTMENT 10
REGARDING THE NEED F OR ANY PLAN AMENDMEN TS OR OTHER REQUIREM ENTS 11
BASED ON THE ADVISORY BOARD’S REVIEW OF THE REPO RTS; AND 12
(VI) REVIEW AND COMMENT ON DRAFT REGULATIONS 13
RELEVANT TO THE IMPL EMENTATION OF THE MATTRESS STEWARDSHIP PROGRAM. 14
(2) THE ADVISORY BOARD SHALL MEET AT L EAST QUARTERLY UNTIL 15
THE INITIAL ROUND OF STEWARDSHIP PLANS HA VE BEEN APPROVED , AND 16
SEMIANNUALLY THEREAFTER . 17
(3) THE ADVISORY BOARD SHALL ELECT A C HAIR FROM AMONG THE 18
MEMBERS BY A SIMPLE MAJORITY VOTE . 19
(4) THE ADVISORY BOARD MAY ADOPT BYLAW S AND A CHARTER FOR 20
THE OPERATION OF THE ADVISORY BOARD’S BUSINESS IN ACCORD ANCE WITH THIS 21
PART. 22
(5) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE ADVISORY 23
BOARD. 24
(6) ON OR BEFORE JULY 1, 2025, THE ADVISORY BOARD SHALL 25
REPORT, AND IF APPLICABLE SU BMIT A MINORITY REPO RT ON, ITS FINDINGS AND 26
RECOMMENDATIONS , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 27
ARTICLE, TO THE GENERAL ASSEMBLY. 28
9–1736. 29
(A) A RETAILER THAT VIOLAT ES THIS PART IS SUBJ ECT TO A CIVIL PENAL TY 30
NOT TO EXCEED $100 PER DAY FOR EACH DAY OF THE VIOLATION . 31 22 HOUSE BILL 1355
(B) (1) A PRODUCER, RENOVATOR , OR REPRESENTATIVE OR GANIZATION 1
THAT VIOLATES THIS P ART IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED $1,000 2
PER DAY FOR EACH DAY OF THE VIOLATION . 3
(2) A CIVIL PENALTY IMPOSE D ON A REPRESENTATIV E 4
ORGANIZATION UNDER T HIS SUBSECTION CREAT ES A JOINT AND SEVER AL 5
OBLIGATION OF THE RE PRESENTATIVE ORGANIZ ATION AND EACH PRODUCER 6
REGISTERED WITH THE REPRESENTATIVE ORGAN IZATION. 7
(3) A REPRESENTATIVE ORGAN IZATION MAY NOT USE ANY MONEY 8
COLLECTED THROUGH A MATTRESS STEWARDSHIP ASSESSMENT TO PAY A PENALTY 9
IMPOSED UNDER THIS S UBSECTION. 10
(C) ANY PENALTY COLLECTED UNDER THIS SECTION SHA LL BE PLACED IN 11
A SPECIAL FUND TO BE USED BY THE DEPARTMENT TO ENSURE THE 12
IMPLEMENTATION OF APPR OVED MATTRESS STEWARDSHIP PROGRAMS. 13
9–1737. 14
(A) THE DEPARTMENT MAY COOPER ATE WITH DEPARTMENTS , AGENCIES, 15
AND OTHER EQUIVALENT BODIES IN OTHER STATES IN ORDER TO FURTHER THE 16
OBJECTIVES OF THIS P ART. 17
(B) (1) THE DEPARTMENT SHALL ADOP T MEASURES TO MOVE T HE STATE 18
TOWARD A MORE EQUITA BLE RECYCLING AND WA STE MANAGEMENT SYSTE M AND TO 19
SEEK ENVIRONMENTAL J USTICE FOR UNDERSERV ED COMMUNITIES . 20
(2) MEASURES ADOPTED UNDE R THIS SUBSECTION MA Y INCLUDE: 21
(I) CONDUCTING STUDIES ON HOW TO IMPROVE ACCES S TO 22
RECYCLING FOR UNDERS ERVED COMMUNITIES ; 23
(II) CONDUCTING STUDIES ON HOW TO IMPROVE SOCIA L 24
EQUITY WITHIN THE RE CYCLING SYSTEM , INCLUDING ENSURING E QUITABLE 25
EMPLOYMENT AND DEVEL OPMENT OPPORTUNITIES ; 26
(III) PROVIDING A PLATFORM FOR RECOMMENDATIONS FROM 27
ENVIRONMENTAL JUSTIC E AND COMMUNITY –BASED ORGANIZATIONS ON HOW TO 28
IMPROVE THE PROGRAM; 29
(IV) REQUIRING REPRESENTAT IVE ORGANIZATIONS TO 30
GUARANTEE PRODUCTS A RE TRANSFERRED TO RE SPONSIBLE END MARKET S THAT 31 HOUSE BILL 1355 23
MEET ENVIRONMENTAL A ND PUBLIC SAFETY STA NDARDS; 1
(V) REQUIRING ALL CONTRAC TS MADE BY A REPRESE NTATIVE 2
ORGANIZATION TO INCL UDE LANGUAGE GUARANT EEING A LIVABLE WAGE A ND 3
QUALITY BENEFITS TO WORKERS; AND 4
(VI) REQUIRING REPRESENTAT IVE ORGANIZATIONS TO 5
TRANSLATE ALL EDUCAT IONAL MATERIALS INTO THE LANGUAGES SPOKEN BY 6
LOCAL POPULATIONS AN D TO ENSURE THAT COL LECTION INFRASTRUCTU RE IS 7
ACCESSIBLE TO DISA BLED RESIDENTS . 8
(C) THE DEPARTMENT SHALL ADOP T REGULATIONS TO ENF ORCE THIS 9
PART. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
1, 2024. 12