BILL NUMBER: S6419E
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing a mattress collection program
 
PURPOSE OF BILL:
This bill would require extended producer responsibility for the
collection, reuse, recycling, or proper disposal of mattresses.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends the environmental conservation law to add
a new title 34 that would establish the mattress collection program.
-Section 27-3401 sets forth definitions
-Section 27-3403 details the requirements for producer plans.
-Section 27-3405 sets forth producer responsibilities.
-Section 27-3407 sets forth retailer responsibilities.
-Section 27-3409 sets forth department responsibilities.
-Section 27-3411 sets forth the establishment of the mattress collection
program advisory board.
-Section 27-3413 sets forth enforcement and penalties.
-Section 27-3415 sets forth rules and regulations.
Section two and three of the bill amend section 71-1701 of the environ-
mental conservation law to add title 34.
Section four the bill sets forth the effective date.
In 2021, the United Nations published a landmark report on climate
change that depicted a dismal future if we do not take all near and
long-term steps to limit global warming. One step we can take is waste
reduction through product stewardship programs, also known as extended
producer responsibility (EPR) programs.
EPR legislation works by having the manufacturers of a product, either
individually or collectively, create a program which provides for the
statewide collection, transportation, and recycling of the covered prod-
uct. The producers are also responsible for educating residents and
local governments and publicizing the program throughout the state. By
shifting responsibilities from local governments to producers, EPR
legislation incentivizes manufacturers to maximize a products' recycla-
bility upfront. This bill would establish an EPR program exclusively for
mattresses.
The most environmentally beneficial way to dispose of mattresses is to
recycle them. In New York State alone it is estimated that over 1
million mattresses a year are discarded. A typical mattress contains 23
cubic feet of steel, wood, cotton and foam. These materials can be recy-
cled into new products such as steel building materials, industrial
filters, carpet padding, clothing and wood chips.
EPR mattress programs are currently in place in Connecticut (launched in
2015), California (launched in 2015) and Rhode Island (launched in 2016)
and have seen great success. In 2022, Oregon became the fourth state in
the nation to pass legislation creating a statewide mattress recycling
program. Since these programs started over 12 million mattresses have
been collected through the end of 2022, resulting in over 300 million
pounds of materials being diverted from landfills and incineration. Like
all EPR programs, mattress EPR legislation would usher in a greatly
improved system for increased recycling that is needed to address
climate change.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to section 71-1701 of the environmental conservation law made by
section three of this act shall take effect on the same date and in the
same manner as section 2 of chapter 795 of the laws of 2022, takes
effect.

Statutes affected:
S6419: 71-1701 environmental conservation law
S6419A: 71-1701 environmental conservation law
S6419B: 71-1701 environmental conservation law
S6419C: 71-1701 environmental conservation law
S6419D: 71-1701 environmental conservation law, 383 general business law, 383(2) general business law
S6419E: 71-1701 environmental conservation law