BILL NUMBER: S1463B
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing extended producer responsibility for mattresses
 
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 article 27 of the environmental conserva-
tion law by adding a new title 34 requiring producers of mattresses to
provide for the collection and recycling of their products.
Section 27-3401 of the new title sets forth definitions
Section 27-3403 of the new title requires producers of mattresses sold
in the state to submit collection plans for the approval of the Depart-
ment of Environmental Conservation(DEC).
Section 27-3405 of the new title specifies the responsibilities of
producers.
Section 27-3407 of the new title specifies the responsibilities of
retailers.
Section 27-3409 of the new title specifies the responsibilities of the
DEC.
Section 27-3411of the new title establishes the mattress stewardship
advisory board
Section27-3413 of the new title provides for penalties for failure to
comply.
Section27-3415 of the new title provides rules and regulations.
Section two of the bill provides for the applicability of new title 34.
Section four the bill sets forth the effective date.
 
JUSTIFICATION:
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:
2025: S1463 (Kavanagh) - Passed Senate A1209 (Paulin) - Reported
Referred to Rules
2024: S6419 (Kavanagh) - Passed Senate A6436 (Paulin) - Reported
Referred to Rules
2023: S6419 (Kavanagh) - Passed Senate A6436 (Paulin) - Referred to
Environmental Conservation
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1463: 71-1701 environmental conservation law
S1463A: 71-1701 environmental conservation law
S1463B: 71-1701 environmental conservation law