Mattress retailers and
manufacturers face new requirements in California in 2016. Responding to
attempts to over-regulate disposal of used mattresses, a coalition of
manufacturers and retailers sponsored legislation to create an industry managed
recycling program. The primary objective of the program is to get mattresses
out of the waste stream and landfills. SB 254 (Correa, Hancock) was signed by
Governor Jerry Brown on Sept. 27, 2013, with support from the mattress industry
as well as local governments and environmental groups. Similar to legislation
enacted in both Connecticut and Rhode Island, the California legislation avoids
burdensome new mandates, the cost of which would ultimately be borne by
consumers.
It is estimated that
Californians discard up to 2 million mattresses annually. Historically, most of
those used mattresses end up in landfills occupying valuable space in the waste
stream.
SB 254 required mattress
manufacturers and retailers to develop a mattress recycling program to increase
the recovery and recycling of used mattresses and to reduce the blight
associated with illegal dumping. Since SB 254 was enacted, acting through the
International Sleep Products Association, the mattress industry created the
nonprofit Mattress Recycling Council (MRC), whose new program is known as “Bye
Bye Mattress.” The Bye Bye Mattress program will be funded through a point of
sale recycling fee that will be assessed on all mattresses sold within the
state of California. Under the new law, all retailers and manufacturers doing
business in the state are required to register with the MRC. Retailers are
required to collect the fee from consumers who purchase product in the state.
The California Department of Resources Recycling and Recovery (CalRecycle) has
approved the MRC’s proposed budget and an $11 recycling fee to fund the Bye Bye
Mattress program. Retailers may not lawfully sell mattress product in the state
without registering with the MRC and collecting and remitting the fee.
CalRecycle will have the enforcement authority which includes the ability to
levy civil fines for non-compliance.
The recycling funds will be used
to fund mattress collection, transportation, and recycling services throughout
California. The program will also create recycling opportunities for California
residents, hotels, universities, hospitals, and military bases and will support
a fund to help communities battle illegal dumping. To comply with this new law,
both brick-and-mortar and online retailers selling mattresses in or into California
must register at MRCreporting.org. This secure portal also allows retailers to submit monthly
sales reports and remit collected recycling fees. That means that by Dec.
30, 2015, all mattress sales within the state of California will require the
levy, collection, and remittance of the recycling fee established by the MRC
and CalRecycle.
If successful, the Bye Bye
Mattress program will keep old mattresses out of landfills, off highways, and
out of vacant lots and alleys and create a comprehensive mattress recycling
solution that is consumer friendly and efficient. It is also likely to create
new recycling jobs in the state. A lot of eyes will be watching California’s
implementation given the sheer size of the program needed for a state with a
population of 36 million.
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