STATE OF NEW YORK ________________________________________________________________________ 1209 2025-2026 Regular Sessions IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. PAULIN, COLTON, OTIS, ROSENTHAL, EPSTEIN, LEVEN- BERG, ROZIC -- read once and referred to the Committee on Environ- mental Conservation AN ACT to amend the environmental conservation law, in relation to establishing a mattress collection program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 34 to read as follows: 3 TITLE 34 4 MATTRESS COLLECTION PROGRAM 5 Section 27-3401. Definitions. 6 27-3403. Producer plan. 7 27-3405. Producer responsibilities. 8 27-3407. Retailer responsibilities. 9 27-3409. Department responsibilities. 10 27-3411. Mattress collection program advisory board. 11 27-3413. Enforcement and penalties. 12 27-3415. Rules and regulations. 13 § 27-3401. Definitions. 14 As used in this title: 15 1. "Brand" means a name, symbol, word, or mark that attributes the 16 product to the owner or licensee of the brand as the producer. 17 2. "Collection site" means a permanent location in the state at which 18 a consumer may discard mattresses. 19 3. "Consumer" means a person located in the state who purchases, owns, 20 leases, or uses mattresses, including but not limited to an individual, 21 a business, corporation, limited partnership, not-for-profit corpo- 22 ration, the state, a public corporation, public school, school district, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03512-01-5
A. 1209 2 1 private or parochial school or board of cooperative educational services 2 or governmental entity, but does not include a retailer or person that 3 acquires a mattress solely for purposes of recycling. 4 4. "Discarded mattress" means a mattress that a consumer has used and 5 discarded in the state. 6 5. "Energy recovery" means the process by which all or a portion of 7 solid waste materials are processed or combusted in order to utilize the 8 heat content or other forms of energy derived from such solid waste 9 materials. 10 6. (a) "Mattress" means any resilient material, or combination of 11 materials that is enclosed by ticking, used alone or in combination with 12 other products, and that is intended for or promoted for sleeping upon. 13 Mattress includes any foundation and any used mattress. For the purposes 14 of this title, a "foundation" means a ticking-covered structure used to 15 support a mattress or sleep surface. A foundation may include 16 constructed frames, foam, box springs, or other materials, used alone or 17 in combination. 18 (b) Mattress shall not include: 19 (i) an unattached mattress pad or mattress topper that is intended to 20 be used with, or on top of a mattress; 21 (ii) a crib or bassinet mattress or car bed; 22 (iii) juvenile products, including: a carriage, basket, dressing 23 table, stroller, playpen, infant carrier, lounge pad, crib bumper, and 24 the pads for those juvenile products; 25 (iv) a product containing liquid- and gaseous-filled ticking, includ- 26 ing a waterbed and air mattress that does not contain upholstery materi- 27 al between the ticking and the mattress core; or 28 (v) a fold-out sofa bed or futon. 29 7. "Producer" means any person who manufactures or renovates mattress- 30 es that are sold, offered for sale, or distributed to a consumer in this 31 state. "Producer" includes: 32 (a) the owner of a trademark or brand under which a mattress is sold, 33 offered for sale, or distributed in this state, whether or not such 34 trademark or brand is registered in the state; and 35 (b) any person who imports a mattresses into the United States that is 36 sold or offered for sale in the state and that is manufactured by a 37 person who does not have a presence in the United States. 38 8. "Recycle" means to separate, dismantle or process the materials, 39 components or commodities contained in mattresses for the purpose of 40 preparing the materials, components or commodities for use or reuse in 41 new products or components. "Recycle" does not include: 42 (a) energy recovery or energy generation by any means, including but 43 not limited to, combustion, incineration, pyrolysis, gasification, 44 solvolysis, or waste to fuel; 45 (b) any chemical conversion process; or 46 (c) landfill disposal. 47 9. "Recycler" means a person that engages in recycling. 48 10. "Recycling rate" means the percentage of discarded mattresses that 49 is managed through recycling or reuse, as defined by subdivisions eight 50 and thirteen of this section, and is computed by dividing the amount of 51 discarded mattresses collected and recycled or reused by the estimated 52 total amount of discarded mattresses generated over a program year. 53 11. "Representative organization" means a not-for-profit organization 54 established by a producer or group of producers to implement the 55 mattress collection program.
A. 1209 3 1 12. "Retailer" means any person who sells or offers for sale a 2 mattress to a consumer in the state. 3 13. "Reuse" means donating or selling a discarded mattress back into 4 the market for its original intended use, when the discarded mattress 5 retains its original performance characteristics and can be used for its 6 original purpose. 7 14. "Sale" or "sell" means a transfer of title to a mattress for 8 consideration, including a remote sale conducted through a sale outlet, 9 catalog, website, by telephone or through similar electronic means. 10 "Sale" or "sell" includes a lease through which a mattress is provided 11 to a consumer in the state by a producer or retailer. 12 15. "Ticking" means the outermost layer of fabric or materials of a 13 mattress. Ticking does not include any layer of fabric or material 14 quilted together with, or otherwise attached to the outermost layer of 15 fabric or material of a mattress. 16 16. "Upholstery material" means all material loose or attached between 17 the ticking and the core of the mattress. 18 § 27-3403. Producer plan. 19 1. No later than December thirty-first, two thousand twenty-eight, a 20 producer, either individually or cooperatively with one or more produc- 21 ers, or a representative organization shall submit to the department for 22 the department's approval a plan for the establishment of a mattress 23 collection program that meets the collection requirements described in 24 this section. 25 2. A producer may satisfy the mattress collection program requirement 26 of this section by agreeing to participate collectively with other 27 producers. Any such collective mattress collection program shall notify 28 the department. 29 3. A producer or representative organization shall update the plan, as 30 needed, when there are changes proposed to the current program. A new 31 plan or amendment will be required to be submitted to the department for 32 approval when: 33 (a) there is a revision of the program's goals; or 34 (b) every three years from the date of approval of a previous plan. 35 4. The plan submitted by the producer or representative organization 36 to the department under this section shall, at a minimum, provide: 37 (a) A list of each participating provider and brands covered by the 38 program; 39 (b) Information on the products covered by the program; 40 (c) A description of how the producer or representative organization 41 will collect, transport, recycle, and process discarded mattresses; 42 (d) (1) i. A description of how the producer or representative organ- 43 ization shall provide for a convenient and cost-effective collection of 44 discarded mattresses, which may include, using existing public and 45 private waste collection channels and collection sites in the state 46 pursuant to voluntary agreements. Such description shall also include a 47 description of how the program will achieve within a reasonable period 48 of time a minimum convenience goal which ensures that all counties of 49 the state shall have at least one collection site, and within two years 50 after the program approval, not less than seventy percent of the state's 51 residents will live within a fifteen mile radius of a collection site, 52 and within three years after the program approval, not less than eighty 53 percent of the state's residents will live within a fifteen mile radius 54 of a collection site. 55 ii. Provided, however, that with respect to a city or county having a 56 population of one million or more, a convenience goal shall be estab-
A. 1209 4 1 lished for that city or county. In the case of a city, the convenience 2 goal shall be proposed after consultation with the department of sanita- 3 tion of such city. In the case of a county, the convenience goal shall 4 be proposed after consultation with an agency designated by the county 5 executive. Such proposed city and county convenience goals shall be 6 submitted to the department, which may approve, modify, or otherwise 7 establish alternative convenience goals. 8 (2) To meet these convenience goals, the producer or representative 9 organization shall: 10 i. Enter into voluntary agreements to establish collection sites at 11 public and private solid waste facilities; transfer stations; landfills; 12 recyclables handling and recovery facilities that are permitted or 13 registered with the department; or other suitable sites for the 14 collection of discarded mattresses; 15 ii. Provide mattress storage containers at no cost to a participating 16 collection site described in clause i of this subparagraph; 17 iii. Negotiate mutually agreed upon voluntary agreements with partic- 18 ipating collection sites described in clause i of this subparagraph that 19 provide for reasonable compensation for the actual costs these 20 collection sites incur to handle, store, and transport discarded 21 mattresses for recycling; 22 iv. For collection sites as described in clause i of this subpara- 23 graph, and other entities such as healthcare facilities, educational 24 facilities, military facilities, junk haulers, hotels and motels that 25 provide transient lodging, and other facilities that periodically 26 replace mattresses that they own or use, and who have collected at least 27 one hundred recyclable mattresses for recycling, provide at its expense 28 an appropriate storage container, transportation from a collection point 29 to a recycler, and services to recycle the mattresses; and 30 v. Enter into voluntary agreements with retailers that pick up or 31 accept mattresses from consumers upon the purchase of a new mattress for 32 recycling; 33 (e) The names and locations of collection sites, transporters, and 34 recyclers who will manage discarded mattresses delivered to collection 35 sites at the time of plan submission; 36 (f) A description of how the discarded mattresses will be safely and 37 securely transported, tracked, and handled from collection sites through 38 final recycling and processing; 39 (g) A description of the methods to be used to reuse or recycle 40 discarded mattresses to ensure that the components, to the extent feasi- 41 ble, are transformed or remanufactured into finished products for use; 42 (h) A description of the methods to be used to manage or dispose of 43 discarded mattresses that cannot be recycled or reused; 44 (i) A detailed description of the outreach and educational materials 45 that must be provided to consumers, retailers, collection sites, and 46 transporters of discarded mattresses, and how such outreach will be 47 evaluated for effectiveness; 48 (j) A description of how the program will meet annual performance 49 goals, including collection, recycling, and reuse rates, as determined 50 by the department through rules and regulations, provided that at a 51 minimum, the program shall achieve the following recycling rates: 52 (i) a forty percent recycling rate of mattresses by three years after 53 the plan is approved by the department pursuant to section 27-3409 of 54 this title;
A. 1209 5 1 (ii) a fifty-five percent recycling rate of mattresses by seven years 2 after the plan is approved by the department pursuant to section 27-3409 3 of this title; 4 (iii) a seventy percent recycling rate of mattresses by ten years 5 after the plan is approved by the department pursuant to section 27-3409 6 of this title; 7 (k) A description of what, if any, incentives will be used to encour- 8 age retailer participation; 9 (l) A description of the outreach and education methods that will be 10 used to encourage municipal landfill and transfer station participation; 11 and 12 (m) any other information required by the department to implement the 13 program. 14 § 27-3405. Producer responsibilities. 15 1. Beginning six months after the plan is approved under subdivision 16 four of section 27-3409 of this title, the producer or representative 17 organization shall implement the mattress collection program utilizing 18 collection sites pursuant to paragraph (d) of subdivision four of 19 section 27-3403 of this title. 20 2. A producer shall not sell, or offer for sale, a mattress to any 21 person in the state unless the producer is implementing or participating 22 under an approved plan. 23 3. The program shall be free to the consumer, convenient and adequate 24 to serve the needs of consumers in all areas of the state on an ongoing 25 basis. 26 4. A producer or representative organization shall maintain records 27 demonstrating compliance with the provisions of this title and make them 28 available for audit and inspection by the department for a period of 29 three years. The department shall make such audit records available to 30 the public upon request in accordance with the provisions of the state 31 freedom of information law and the regulations promulgated thereunder, 32 provided that confidential or business proprietary records shall be 33 exempt from this provision. Record holders shall submit the records 34 required to comply with the request within sixty working days of written 35 notification by the department of receipt of the request. 36 5. A producer or representative organization shall be responsible for 37 all costs associated with the implementation of the mattress collection 38 program. A producer or representative organization shall pay costs 39 incurred by the state in the administration and enforcement of this 40 title. Exclusive of fines and penalties, the state shall only recover 41 its actual direct cost of administration and enforcement. 42 6. Any person who becomes a producer on or after December thirty- 43 first, two thousand twenty-eight shall submit a plan to the department, 44 or notify the department that it has joined an existing plan, prior to 45 selling or offering for sale in the state any mattress, and shall comply 46 with the requirements of this title. 47 7. Within eighteen months following approval of the producer plan, and 48 annually thereafter, a producer or representative organization shall 49 submit a report to the department that includes, for the previous 50 program calendar year, a description of the program including, but not 51 limited to the following: 52 (a) a detailed description of the methods used to collect, transport, 53 and process discarded mattresses in the state, including detailing 54 collection methods made available to consumers and an evaluation of the 55 program's collection convenience; 56 (b) identification of all collection sites in the state;
A. 1209 6 1 (c) the estimated weight of all discarded mattresses collected, recy- 2 cled, or reused pursuant to the mattress collection program; 3 (d) an evaluation of whether the performance goals and recycling rates 4 have been achieved; 5 (e) the estimated weight of discarded mattresses and any component 6 materials that were collected pursuant to the collection program, but 7 not recycled; 8 (f) the total cost of implementing the program; 9 (g) samples of all educational materials provided to consumers and a 10 detailed list of efforts undertaken and an evaluation of the methods 11 used to disseminate such materials including recommendations, if any, 12 for how the educational component of the program can be improved; and 13 (h) any other information required by the department that is relevant 14 to the requirements of this title. 15 8. Each producer or representative organization shall submit an annual 16 report to the department as provided for in subdivision seven of this 17 section that assesses compliance with performance goals and describes 18 any modifications necessary to achieve such goals. 19 9. (a) A producer or representative organization shall not be liable 20 for any claim of a violation of antitrust, restraint of trade, or unfair 21 trade practice arising from an action undertaken, in accordance with a 22 mattress collection program approved by the department, solely to 23 increase the collection and recycling of mattresses, which affects the 24 types and quantities being collected and recycled or the cost and struc- 25 ture of such collection program that the producer or representative 26 organization is participating in pursuant to this title. 27 (b) Provided, however, paragraph (a) of this subdivision shall not 28 apply to any agreement establishing or affecting the price or output of 29 mattresses or restricting the geographic area or customers to which 30 mattresses will be sold. 31 § 27-3407. Retailer responsibilities. 32 1. Beginning December thirty-first, two thousand twenty-nine, no 33 retailer may sell or offer for sale mattresses in this state unless the 34 producer of such mattresses is participating in a mattress collection 35 program. A retailer shall be in compliance with this section if, on the 36 date the mattresses were ordered from the producer or its agent, the 37 producer was listed on the department's website as implementing or 38 participating in an approved program. 39 2. Any retailer may participate, on a voluntary basis, as a designated 40 collection site pursuant to a mattress collection program and in accord- 41 ance with all applicable laws and regulations. 42 § 27-3409. Department responsibilities. 43 1. The department shall maintain a list of producers, including a list 44 of such producers' brands, who are participating under a department 45 approved plan and post such list on the department's website. 46 2. The department shall post on its website the location of all 47 collection sites identified to the department by the producer in its 48 annual reports. 49 3. The department shall post on its website each producer plan 50 approved by the department. 51 4. Within ninety days after receipt of a proposed plan or plan amend- 52 ment, the department shall approve or reject such plan or plan amendment 53 based on whether such proposed plan or plan amendment satisfactorily 54 meets the requirements of subdivision four of section 27-3403 of this 55 title. If the plan or plan amendment is approved, the department shall 56 notify the producer or representative organization in writing. If the
A. 1209 7 1 department rejects the plan or plan amendment, the department shall 2 notify the producer or representative organization in writing stating 3 the reason for rejecting the plan or plan amendment. A producer or 4 representative organization whose plan is rejected shall submit a 5 revised plan to the department within thirty days of receiving a notice 6 of rejection. If the producer or representative organization fails to 7 submit a plan that is acceptable to the department because it does not 8 meet the requirements of subdivision four of section 27-3403 of this 9 title, the department shall modify a submitted plan to make it conform 10 to the requirements of such subdivision and approve it. 11 5. The department shall submit a report regarding the implementation 12 of this title in this state to the governor and legislature by April 13 first, two thousand thirty and every two years thereafter. The report 14 shall include, at a minimum, an evaluation of: 15 (a) The stream of mattresses in the state; 16 (b) Disposal, recycling, and reuse rates in the state of mattresses; 17 (c) A discussion of compliance and enforcement related to the require- 18 ments of this title; and 19 (d) Recommendations for any changes to this title. 20 § 27-3411. Mattress collection program advisory board. 21 1. There is hereby established within the department a mattress 22 collection program advisory board to make recommendations to the commis- 23 sioner regarding producer plans required by this title. 24 2. The board shall be composed of twelve voting members. Such members 25 shall include: 26 (a) One representative of mattress producers; 27 (b) Two representatives of mattress retailers; 28 (c) One representative of mattress recyclers; 29 (d) Two representatives of mattress collectors; 30 (e) One representative of a company that utilizes discarded mattresses 31 to manufacture a new product; 32 (f) One representative from a statewide environmental organization; 33 (g) One representative from a statewide waste disposal association; 34 (h) One representative from the New York product stewardship council; 35 (i) One representative from a consumer organization; and 36 (j) One representative from a statewide recycling organization. 37 3. The members shall be appointed as follows: 38 (a) Two members to be appointed by the temporary president of the 39 senate; 40 (b) Two members to be appointed by the speaker of the assembly; 41 (c) One member to be appointed by the minority leader of the senate; 42 (d) One member to be appointed by the minority leader of the assembly; 43 and 44 (e) Six members to be appointed by the governor. 45 4. Such appointments shall be made no later than sixty days following 46 the date on which this title takes effect. The members shall designate a 47 chair from among the members by majority vote. Board members shall 48 receive no compensation but shall be entitled to their necessary and 49 actual expenses incurred in the performance of their board duties. 50 5. The board shall meet at least annually by call of the chair. 51 § 27-3413. Enforcement and penalties. 52 Any producer, representative organization, or retailer who violates 53 any provision of or who fails to perform any duty imposed pursuant to 54 this title shall be liable for a civil penalty not to exceed five 55 hundred dollars for each violation and an additional penalty of not more 56 than five hundred dollars for each day during which such violation
A. 1209 8 1 continues. Civil penalties under this section shall be assessed by the 2 department after a hearing or opportunity to be heard pursuant to the 3 provisions of section 71-1709 of this chapter. 4 § 27-3415. Rules and regulations. 5 The department is hereby authorized to promulgate any rules and regu- 6 lations necessary to implement this title. 7 § 2. Section 71-1701 of the environmental conservation law, as amended 8 by chapter 795 of the laws of 2022, is amended to read as follows: 9 § 71-1701. Applicability of this title. 10 This title shall be applicable to the enforcement of titles 1 through 11 11 and titles 15 through 19 of article 17; article 19; and titles 1 12 [and], 33 and 34 of article 27 of this chapter. 13 § 3. This act shall take effect immediately.