CHAPTER 21. Used Mattress Recovery and Recycling Act

Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1.

§§ 42985–42994 · 31 sections

• § 42985 (a) The Legislature finds and declares both of the following: (1) In order to reduce illegal dumping, increase recycling, and substantially reduce public…
• § 42985.1 This chapter shall be known, and may be cited, as the Used Mattress Recovery and Recycling Act.

1. ARTICLE 1. Definitions § 42986 · 1 section

   • § 42986 For purposes of this chapter, the following definitions shall apply: (a) (1) “Consumer” means an owner of a mattress, including a person, business,…
2. ARTICLE 2. Mattress Recycling Plan §§ 42987–42987.5 · 7 sections

   • § 42987 (a) (1) A qualified industry association or a successor organization may establish a mattress recycling organization for purposes of this chapter, which shall…
   • § 42987.1 On or before July 1, 2015, the mattress recycling organization shall develop and submit to the department a plan for recycling used mattresses in the state in…
   • § 42987.1.5 (a) During calendar year 2020, and at least once every five years thereafter, the mattress recycling organization shall review the plan and determine whether…
   • § 42987.2 In preparing the plan pursuant to Section 42987.1 and any updates to the plan pursuant to Section 42987.1.5, the mattress recycling organization shall consult…
   • § 42987.3 (a) The department shall review the plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 90 days of…
   • § 42987.4 Within 90 days after approval or conditional approval by the department of the plan, the mattress recycling organization shall implement the approved plan.
   • § 42987.5 (a) (1) On or before January 1, 2018, based on methodology contained in the plan and information contained in the first annual report, the department, in…
3. ARTICLE 3. Budget §§ 42988–42988.3 · 4 sections

   • § 42988 On or before July 1 of each year, the mattress recycling organization shall prepare and submit to the department a proposed used mattress recycling program…
   • § 42988.1 (a) Within 90 days of submittal, the department shall conditionally approve, approve, or disapprove a final used mattress recycling program budget. If the…
   • § 42988.2 (a) The department shall notify the mattress recycling organization of the department’s costs that are directly related to implementing and enforcing this…
   • § 42988.3 (a) On and after January 1, 2021, the mattress recycling organization shall identify strategies in its annual proposed budget to comply, commencing January 1,…
4. ARTICLE 4. Mattress Recycling Charge §§ 42989–42989.4 · 6 sections

   • § 42989 (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the…
   • § 42989.1 (a) Commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor…
   • § 42989.2 (a) The mattress recycling organization may conduct an audit of the following: (1) Those parties that are required to remit the charge to the mattress…
   • § 42989.2.1 (a) Mattresses manufactured by the California Correctional Training and Rehabilitation Authority and purchased by the state or its agencies are exempt from…
   • § 42989.3 (a) The mattress recycling organization shall deposit the charges and other moneys collected by the mattress recycling organization pursuant to this chapter in…
   • § 42989.4 The mattress recycling organization shall not expend revenue from the mattress recycling charge to pay a civil penalty imposed on the organization pursuant to…
5. ARTICLE 5. Records, Audits, and Annual Report §§ 42990–42990.2 · 3 sections

   • § 42990 (a) The mattress recycling organization shall keep minutes, books, and records that clearly reflect the activities and transactions of the mattress recycling…
   • § 42990.1 On or before July 1 of each year, the mattress recycling organization shall submit to the department and the advisory committee and make publicly available on…
   • § 42990.2 (a) No later than 90 days after the date the department receives the annual report, the department shall notify the mattress recycling organization of any…
6. ARTICLE 6. Mattress Recycling and Renovating § 42991 · 1 section

   • § 42991 (a) On or before May 1, 2017, and annually thereafter, a person that is engaged in business as a recycler or renovator shall submit to the department and to…
7. ARTICLE 7. Retailer Used Mattress Take-back § 42992 · 1 section

   • § 42992 (a) Except as provided in subdivision (d), on and after July 1, 2014, a retailer shall offer a consumer the option to have a used mattress picked up for…
8. ARTICLE 8. Enforcement §§ 42993–42993.3 · 4 sections

   • § 42993 (a) On or before March 1 of each year, the department shall post on its internet website a list of manufacturers, renovators, and distributors that are in…
   • § 42993.1 (a) The department may impose an administrative civil penalty on any manufacturer, mattress recycling organization, distributor, recycler, renovator, or…
   • § 42993.2 Upon a written finding that a manufacturer, mattress recycling organization, renovator, distributor, recycler, or retailer has not met a material requirement…
   • § 42993.3 (a) A manufacturer, renovator, distributor, recycler, retailer, and mattress recycling organization shall do both of the following: (1) Upon request, provide…
9. ARTICLE 9. Emergency Regulatory Authority § 42993.4 · 1 section

   • § 42993.4 (a) (1) The department may adopt emergency regulations to implement this chapter with regard to establishing a process for the submission of the used mattress…
10. ARTICLE 10. Antitrust Immunity § 42994 · 1 section

    • § 42994 (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a mattress recycling organization or its members that…