Loni Hancock
- Democratic
Author
(1) Existing law requires a retailer of various specified products, such as rechargeable batteries and cell phones, sold in the state to have in place a system for the acceptance and collection of those products for reuse, recycling, or proper disposal. This bill would establish the Used Mattress Recovery and Recycling Act and would define terms for purposes of the act. The bill would require a manufacturer of mattresses sold in this state, individually, collectively, or through a stewardship organization, to provide an interim plan to the Department of Resources Recycling and Recovery by April 1, 2013, in an electronic format that ensures that the manufacturer will be responsible for the collection and recycling of used mattresses generated by consumers. The bill would require a manufacturer to implement the interim plan by July 1, 2013, and to continue implementation until a stewardship plan is approved, conditionally approved, or disapproved by the department. The bill would require a manufacturer of mattresses sold in this state, individually, collectively, or through a stewardship organization, to submit a mattress stewardship plan to the department by April 1, 2014. The bill would specify the requirements to be included in the plan, including meeting specified recycling goals. The bill would specify a procedure for the department's approval, disapproval, or conditional approval of a plan. The bill would require a retailer of mattresses on and after July 1, 2013, to offer the consumer the option of picking up a used mattress, at the time of delivery, at no additional cost to the consumer. The bill would prohibit a manufacturer or retailer from selling or offering for sale a mattress to any person in this state unless the manufacturer is in compliance with the act and would prohibit a manufacturer from selling a mattress on or after August 1, 2014, if the manufacturer is not covered by an approved or conditionally approved plan. The bill would require the department, by August 1, 2014, except as specified, and by July 1 annually thereafter, to post on its Internet Web site a listing of manufacturers that have submitted a plan and to annually post a listing of manufacturers in compliance with the act. The bill would require retailers that distribute or sell mattresses to monitor the department's Internet Web site to determine if the manufacturer of a mattress is in compliance with the requirements of the act. The bill would require a manufacturer, individually, collectively, or through a stewardship organization, to submit an annual report to the department describing its mattress stewardship efforts. The bill would require the department to review the annual report within 90 days of receipt and adopt a finding of compliance or noncompliance with the requirements of the act. The bill would authorize the department to require a manufacturer or stewardship organization submitting that annual report that is not meeting the act's requirements, to amend and resubmit the plan and would require the department to remove the manufacturer's name from the listing of manufacturers that are in compliance, until as specified. The bill would require recyclers and renovators, as defined, to submit an annual report to the department regarding mattresses received and recycled and would require the operator of a solid waste facility to submit an annual report to the department regarding the number of used mattresses received and designated for recycling in the state during the preceding calendar year. The bill would require a manufacturer to pay the department a quarterly administrative fee, as determined by the department. The bill would require these fees to be deposited into the Mattress Recovery and Recycling Account, which the bill would establish in the Integrated Waste Management Fund. The bill would provide that the moneys in the account would be available for expenditure by the department, upon appropriation by the Legislature. The bill would require a manufacturer or stewardship organization to provide the department with reasonable and timely access, as determined by the department, to its facilities or operations, and to provide the department with any relevant records. The bill would require the records to be maintained and accessible for 3 years. The bill would require all reports and records to be provided to the department under penalty of perjury, thereby imposing a state-mandated local program by creating a new crime. The bill would allow the department to impose an administrative civil penalty in specified amounts on a manufacturer, stewardship organization, or retailer who is in violation of the act. The bill would require the department to deposit all penalties collected into the Mattress Recovery and Recycling Penalty Account, which the bill would establish in the Integrated Waste Management Fund. The bill would provide that the moneys in the penalty account would be available for expenditure by the department, upon appropriation by the Legislature. The bill would also authorize the department to take other actions to enforce the act. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Read second time.
Senate refused to concur in Assembly amendments. (Ayes 17. Noes 19. Page 5119.)
Died on call.
From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 5131.)
From committee: Be re-referred to Com. on E.Q. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 5116.) Re-referred to Com. on E.Q.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 48. Noes 31. Page 6784.) Ordered to the Senate.
Assembly Rule 63 suspended. (Page 6750.)
Amended.
From committee: Do pass as amended. (Ayes 6. Noes 3.) (August 29).
Joint Rule 62(a) file notice suspended. (Page 6404.)
Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.
Read third time and amended. (Ayes 51. Noes 25. Page 6257.)
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (August 16).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 2).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 21. Noes 17. Page 3752.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3591.) (May 24).
Set for hearing May 24.
Placed on APPR. suspense file.
Set for hearing May 7.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3262.) (April 23).
Set for hearing April 23.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 19.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1118 | HTML |
| 02/17/12 - Introduced | |
| 04/09/12 - Amended Senate | |
| 04/25/12 - Amended Senate | |
| 05/29/12 - Amended Senate | |
| 06/25/12 - Amended Assembly | |
| 08/07/12 - Amended Assembly | |
| 08/13/12 - Amended Assembly | |
| 08/24/12 - Amended Assembly | |
| 08/31/12 - Amended Assembly |
| Document | Format |
|---|---|
| No related documents. |
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