SECTION 1. Chapter 23-90 of the General Laws entitled "Responsible Recycling, Reuse and Disposal of Mattresses" is hereby repealed in its entirety. CHAPTER 23-90 Responsible Recycling, Reuse and Disposal of Mattresses
23-90-1. Purpose.
The purposes of this chapter are:
(1) To establish a system for the collection, recycling, and reuse for discarded mattresses in Rhode Island.
(2) To develop a comprehensive strategy, with the participation of state agencies, producers, retailers, and consumers for waste prevention and reduction of discarded mattresses in the state, which addresses the collection, recycling and reuse of mattresses in a safe and environmentally sound manner;
(3) To promote the development of infrastructure for the reuse and recycling of discarded mattresses;
(4) To minimize costs incurred by Rhode Island municipalities to collect, dispose of, or recycle mattresses discarded by residents; and
(5) To eliminate waste generated in the state from the disposal of discarded mattresses from landfill and other forms of disposal.
23-90-2. Findings.
The general assembly hereby finds and declares that:
(1) It is in the best interest of this state for providers of mattresses sold in Rhode Island to take responsibility for reducing the environmental and financial impacts of a mattress over its life cycle, from design to management after the end of a mattress’s useful life;
(2) It is in the best interest of this state to reduce illegal dumping of discarded mattresses and determine a process for minimizing costs incurred by Rhode Island’s cities and towns for the management of discarded mattresses; and
(3) It is in the best interest of this state for producers to develop a statewide product stewardship system that serves urban and rural areas in Rhode Island and provides cost-effective, convenient opportunities for the collection, transportation, recovery and safe management of discarded products.
23-90-3. Definitions.
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
(1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer of such mattress.
(2) “Covered entity” means any political subdivision of the state, any mattress retailer, any permitted transfer station, any waste to energy facility, any healthcare facility, any educational facility, any correctional facility, any military base, or any commercial or non profit lodging establishment that possesses a discarded mattress that was discarded in this state. Covered entity does not include any renovator, refurbisher or any person who transports a discarded mattress.
(3) “Consumer” means an individual who is also a resident of this state.
(4) “Corporation” means the Rhode Island Resource Recovery Corporation.
(5) “Corporation Director” means the executive director of the Rhode Island Resource Recovery Corporation.
(6) “Council” or “mattress recycling council” means the state wide, non-profit organization created by producers, or created by any trade association that represents producers, who account for a majority of mattress production in the United States to design, submit, and implement the mattress stewardship plan as described in this chapter.
(7) “Discarded mattress” means any mattress that a consumer intends to discard, has discarded, or that is abandoned.
(8) “Energy recovery” means the process by which all or a portion of solid waste materials are processed or combusted in order to utilize the heat content or other forms of energy derived LC004429 - Page 2 of 12 from such solid waste materials.
(9) “Foundation” means any ticking-covered structure that is used to support a mattress and that is composed of one or more of the following: A constructed frame, foam, or a box spring. “Foundation” does not include any bed frame or base made of wood, metal, or other material that rests upon the floor and that serves as a brace for a mattress.
(10) “Mattress” means any resilient material, or combination of materials, that is enclosed by ticking, used alone or in combination with other products, and that is intended for, or promoted for, sleeping upon. “Mattress” includes any foundation, renovated foundation, or renovated mattress.
“Mattress” does not include any of the following:
(i) An unattached mattress pad, an unattached mattress topper, including any item with resilient filling, with or without ticking, that is intended to be used with, or on top of a mattress;
(ii) A sleeping bag, pillow;
(iii) A crib or bassinet mattress, car bed;
(iv) Juvenile products, including: a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper, and the pads for those juvenile products;
(v) A product that contains liquid- or gaseous-filled ticking, including any water bed or air mattress that does not contain upholstery material between the ticking and the mattress core;
(vi) Any upholstered furniture that does not contain a detachable mattress; or
(vii) A fold-out sofa bed or futon.
(11) “Mattress core” means the main support system that is present in a mattress, including, but not limited to: springs, foam, air bladder, water bladder, or resilient filling.
(12) “Mattress recycling council” or “council” means the organization created by producers to design, submit, and implement the mattress stewardship program described in § 23-90-5.
(13) “Mattress stewardship fee” means the amount added to the purchase price of a mattress sold in this state that is necessary to cover the cost of collecting, transporting, and processing discarded mattresses by the council pursuant to the mattress stewardship program.
(14) “Mattress stewardship program” or “program” means the state wide, program described in § 23-90-5 and implemented pursuant to the mattress stewardship plan as approved by the corporation director.
(15) “Mattress topper” means any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress.
(16) “Performance goal” means a metric proposed by the council, to measure, on an annual basis, the performance of the mattress stewardship program, taking into consideration technical and LC004429 - Page 3 of 12 economic feasibilities, in achieving continuous, meaningful improvement in improving the rate of mattress recycling in the state and any other specified goal of the program.
(17) “Producer” means any person who manufactures or renovates a mattress that is sold, offered for sale, or distributed in the state under the manufacturer’s own name or brand. “Producer” includes:
(i) The owner of a trademark or brand under which a mattress is sold, offered for sale, or distributed in this state, whether or not such trademark or brand is registered in this state; and
(ii) Any person who imports a mattress into the United States that is sold or offered for sale in this state and that is manufactured or renovated by a person who does not have a presence in the United States;
(18) “Recycling” means any process in which discarded mattresses, components, and by- products may lose their original identity or form as they are transformed into new, usable, or marketable materials. “Recycling” does not include as a primary process the use of incineration for energy recovery or energy generation by means of combustion.
(19) “Renovate” or “renovation” means altering a mattress for the purpose of resale and includes any one, or a combination of, the following: Replacing the ticking or filling, adding additional filling, rebuilding a mattress, or replacing components with new or recycled materials. “Renovate” or “renovation” does not include the:
(i) Stripping of a mattress of its ticking or filling without adding new material;
(ii) Sanitization or sterilization of a mattress without otherwise altering the mattress; or
(iii) Altering of a mattress by a renovator when a person retains the altered mattress for personal use, in accordance with regulations of the department of business regulation.
(20) “Renovator” means a person who renovates discarded mattresses for the purpose of reselling such mattresses in a retail store.
(21) “Retailer” means any person who sells mattresses in this state or offers mattresses in this state to a consumer through any means, including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet.
(22) “Sanitization” means the direct application of chemicals to a mattress to kill human disease-causing pathogens.
(23) “ Sale” means the transfer of title of a mattress for consideration, including through the use of a sales outlet, catalog, internet website, or similar electronic means.
(24) “Sterilization” means the mitigation of any deleterious substances or organisms including human disease-causing pathogens, fungi, and insects from a mattress or filling material using a process approved by the department of business regulation. LC004429 - Page 4 of 12
(25) “Ticking” means the outermost layer of fabric or material of a mattress. “Ticking” does not include any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress.
(26) “Upholstery material” means all material, loose or attached, between the ticking and the core of a mattress.
(27) “Wholesaler” means any person who sells or distributes mattresses in the state, in a nonretail setting, for the purpose of the resale of such mattresses.
23-90-4. Mattress stewardship council established.
(a) On or before July 1, 2015, each producer shall join the council and such council shall submit a plan, for the corporation director’s approval, to establish a statewide mattress stewardship program, as described in this section. Any retailer may be a member of such council. Such mattress stewardship program shall, to the extent it is technologically feasible and economically practical:
(1) Minimize public sector involvement in the management of discarded mattresses;
(2) Provide for the convenient and accessible statewide collection of discarded mattresses from any person in the state with a discarded mattress that was discarded in the state, including from participating covered entities that accumulated and segregated a minimum of fifty (50) discarded mattresses for collection at one time, or a minimum of thirty (30) discarded mattresses for collection at one time in the case of participating municipal transfer stations;
(3) Provide for council-financed recycling and disposal of discarded mattresses;
(4) Provide suitable storage containers at permitted municipal transfer stations, municipal government property or other solid waste management facilities for segregated, discarded mattresses, or make other mutually agreeable storage and transportation agreements at no cost to such municipality provided the municipal transfer station, municipal government property or other solid waste management facilities make space available for such purpose and imposes no fee for placement of such storage container on its premises;
(5) Include a uniform mattress stewardship fee that is sufficient to cover the costs of operating and administering the program; and
(6) Establish a financial incentive that provides for the payment of a monetary sum, established by the council, to promote the recovery of mattresses.
(b) The council shall be a nonprofit organization with a fee structure that covers, but does not exceed, the costs of developing the plan and operating and administering the program in accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to operate the program over a multi-year period of time in a fiscally prudent and responsible manner. The council shall maintain all records relating to the program for a period of not less than three (3) LC004429 - Page 5 of 12 years.
(c) Pursuant to the program, recycling shall be preferred over any other disposal method to the extent that recycling is technologically feasible and economically practical.
(d) The council shall enter into an agreement with the corporation to reimburse for reasonable costs directly related to administering the program but not to exceed the cost of two (2) full time equivalent employees.
23-90-5. Mattress stewardship plan.
(a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress stewardship plan for the establishment of a mattress stewardship program to the corporation director for approval.
(b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is technologically feasible and economically practical:
(1) Identify each producer’s participation in the program;
(2) Describe the fee structure for the program and propose a uniform stewardship fee that is sufficient to cover the costs of operating and administering the program;
(3) Establish performance goals for the first two (2) years of the program;
(4) Identify proposed recycling facilities to be used by the program, such facilities shall not require a solid waste management facilities license;
(5) Detail how the program will promote the recycling of discarded mattresses;
(6) Include a description of the public education program;
(7) Describe fee-disclosure language that retailers will be required to prominently display that will inform consumers of the amount and purpose of the fee; and
(8) Identify the methods and procedures to facilitate implementation of the mattress stewardship program in coordination with the corporation director and municipalities.
(c) Not later than ninety (90) days after submission of the plan pursuant to this section, the corporation shall make a determination whether to:
(1) Approve the plan as submitted; or
(2) Deny the plan.
(d) The corporation director shall approve the plan for the establishment of the mattress stewardship program, provided such plan reasonably meets the requirements of this section. Prior to making such determination, the corporation director shall post the plan for at least thirty (30) days, in accordance with the “Administrative Procedures Act” as set forth in chapter 35 of title 42, on the corporation’s website and solicit public comments on the plan to be posted on the website.
(e) In the event that the corporation director denies the plan, the corporation director shall LC004429 - Page 6 of 12 provide a notice of determination to the council, within sixty (60) days, detailing the reasons for the disapproval. The council shall revise and resubmit the plan to the corporation director not later than forty-five (45) days after receipt of notice of the corporation director’s denial notice. Not later than forty-five (45) days after receipt of the revised plan, the corporation director shall review and approve or deny the revised plan. The council may resubmit a revised plan to the corporation director for approval on not more than two (2) occasions. If the council fails to submit a plan that is acceptable to the corporation director, because it does not meet the criteria pursuant to subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant to this section, the council shall implement the mattress stewardship program.
(f) It is the responsibility of the council to:
(1) Notify the corporation director whenever there is a proposed substantial change to the program. If the corporation director takes no action on a proposed substantial change within ninety (90) days after notification of the proposed change, the proposed change shall be deemed approved. For the purposes of this subdivision, “substantial change” shall include, but not be limited to:
(i) A change in the processing facilities to be used for discarded mattresses collected pursuant to the program; or
(ii) A material change to the system for collecting mattresses.
(2) Not later than October 1, 2017, the council shall submit to the corporation director for review, updated performance goals that are based on the experience of the program during the first two (2) years of the program.
(g) The council shall notify the corporation director of any other changes to the program on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation director for approval. Such changes shall include, but not be limited to, a change in the composition, officers, or contact information of the council.
(h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform fee more frequently than once every two (2) years if the council determines such change is needed to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent auditor to ensure that such assessment does not exceed the costs of the mattress stewardship program described in subsection (b) of this section and to maintain financial reserves sufficient to operate the program over a multi-year period in a fiscally prudent and responsible manner. Not later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall render an opinion to the corporation director as to whether the proposed mattress stewardship fee LC004429 - Page 7 of 12 is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90) days after the auditor notifies the corporation director that the fee is reasonable. If the auditor concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council with written notice explaining the auditor’s opinion. Specific documents or information provided to the auditor by the council, along with any associated internal documents or information held by the council, shall be made available to the corporation for its review upon request but shall not be made public if the documents and information contain trade secrets or commercial or financial information of a privileged or confidential nature, pursuant to chapter 2 of title 38 (“access to public records”). Not later than fourteen (14) days after the council’s receipt of the auditor’s opinion, the council may either propose a new mattress stewardship fee, or provide written comments on the auditor’s opinion. If the auditor concludes that the fee is not reasonable, the corporation director shall decide, based on the auditor’s opinion and any comments provided by the council, whether to approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The cost of any work performed by such auditor pursuant to the provisions of this subsection and subsection (i) of this section shall be funded by the council.
(i)(1) On and after the implementation of the mattress stewardship program, each retailer shall add the amount of the fee established pursuant to subsection (b) of this section and described in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee shall be remitted by the retailer to the council. The council may, subject to the corporation director’s approval, establish an alternative, practicable means of collecting or remitting such fee.
(2) On and after the implementation date of the mattress stewardship program, no producer, distributor, or retailer shall sell or offer for sale a mattress to any person in the state if the producer is not a member of the council.
(3) No retailer or distributor shall be found to be in violation of the provisions of this section, if, on the date the mattress was ordered from the producer or its agent, the producer of said mattress was listed on the corporation’s website in accordance with the provisions of this chapter.
(j) Not later than October 1, 2016, and annually thereafter, the council shall submit an annual report to the corporation director. The corporation director shall post such annual report on the corporation’s website. Such report shall include, but not be limited to:
(1) The weight of mattresses collected pursuant to the program from:
(i) Municipal and/or transfer stations;
(ii) Retailers; and
(iii) All other covered entities; LC004429 - Page 8 of 12
(2) The weight of mattresses diverted for recycling;
(3) Identification of the mattress recycling facilities to which mattresses were delivered for recycling;
(4) The weight of discarded mattresses recycled, as indicated by the weight of each of the commodities sold to secondary markets;
(5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:
(i) Rhode Island resource recovery corporation; and
(ii) Any other facilities;
(6) Samples of public education materials and methods used to support the program;
(7) A description of efforts undertaken and evaluation of the methods used to disseminate such materials;
(8) Updated performance goals and an evaluation of the effectiveness of the methods and processes used to achieve performance goals of the program; and
(9) Recommendations for any changes to the program.
(k) Two (2) years after the implementation of the program and upon the request of the corporation director, but not more frequently than once a year, the council shall cause an audit of the program to be conducted by the auditor described in subsection (h) of this section. Such audit shall review the accuracy of the council’s data concerning the program and provide any other information requested by the corporation director. Such audit shall be paid for by the council. The council shall maintain all records relating to the program for not less than three (3) years.
(l) No covered entity that participates in the program shall charge for receipt of mattresses generated in the state. Covered entities may charge a fee for providing the service of collecting mattresses and may restrict the acceptance of mattresses by number, source, or physical condition.
(m) Covered entities that, upon the date of this act’s passage, have an existing program for recycling discarded mattresses may continue to operate such program without coordination of the council, so long as the entities are able to demonstrate, in writing, to the corporation director that the facilities to which discarded mattresses are delivered are engaged in the business of recycling said mattresses and the corporation director approves the written affirmation that the facility engages in mattress recycling of mattresses received by the covered entity. A copy of the written affirmation and the corporation’s approval shall be provided to the council by the corporation director in a timely manner.
23-90-6. Responsibilities of the Rhode Island resource recovery corporation.
(a) The corporation shall review for approval the mattress stewardship plan of the council.
(b) The corporation shall maintain on its website information on collection opportunities LC004429 - Page 9 of 12 for mattresses, including collection site locations. The information must be made available in a printable format for retailers and consumers.
(c) Not later than the implementation date of the mattress stewardship program, the corporation shall list the names of participating producers covered by the program and the cost of the approved mattress stewardship fee on its website.
(d) The corporation shall approve the mattress stewardship fee to be applied by the council to mattresses pursuant to this chapter.
(e) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly on the operation of the statewide system for collection, transportation and recycling of mattresses.
23-90-7. Regulations.
The corporation is hereby authorized to promulgate additional rules and regulations pursuant to the administrative procedures act, chapter 35 of title 42, to implement the provisions of this chapter.
23-90-8. Immunity.
Each producer, retailer and the council shall be immune from liability for any claim of a violation of antitrust law, to the extent such producer or council is exercising authority pursuant to the provisions of this chapter, including but not limited to:
(1) The creation, implementation or management of a plan pursuant to § 23-90-5, and the types or quantities of used mattresses recycled or otherwise managed pursuant to a plan;
(2) The cost and structure of a plan; and
(3) The establishment, administration, collection or disbursement of the mattress stewardship fee associated with funding the implementation of the plan.
23-90-9. Violations.
A violation of any of the provisions of this chapter or any rule or regulation promulgated pursuant to § 23-90-7 shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any subsequent violation, the civil penalty shall not exceed five thousand dollars ($5,000) for each violation.
23-90-10. Collaboration.
In the event that another state implements a mattress recycling program, the council may collaborate with such state to conserve efforts and resources used in carrying out the mattress stewardship program, provided such collaboration is consistent with the requirements of this chapter.
23-90-11. Report to the General Assembly.
Not later than three (3) years after the approval of the plan pursuant to § 23-90-5 of this LC004429 - Page 10 of 12 chapter, the corporation director shall submit a report to the general assembly. Such report shall provide an evaluation of the mattress stewardship program.

SECTION 2. This act shall take effect upon passage.