An Act To Establish a Mattress Stewardship Program
Sec. 1. 38 MRSA §2145 is enacted to read:
§ 2145. Stewardship program for mattresses
(1) An unattached mattress pad or an unattached mattress topper, including any item with resilient filling, with or without ticking, intended for use with or on top of a mattress;
(2) A sleeping bag or pillow;
(3) A car bed;
(4) Juvenile products, including a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper or any pad for such products;
(5) A product that contains liquid-filled or gas-filled ticking, including a waterbed or air mattress that does not contain upholstery material; or
(6) Any upholstered furniture not otherwise containing a detachable mattress, including, but not limited to, a fold-out sofa bed or a futon.
(1) The owner of the brand under which a mattress is sold, offered for sale or distributed for sale in the State; and
(2) Any person that imports a mattress into the United States for sale or distribution in the State, if the mattress is manufactured or renovated by a person that does not have a physical presence in the United States.
A new producer that fails to submit a plan or join an existing organization within the time limits described in this subsection may not sell or offer for sale a mattress in the State until the producer submits a plan that is approved by the commissioner or joins an existing organization.
The department shall charge a reasonable application fee, not to exceed $10,000, to be paid by an applicant under subsection 2 for review and approval of a mattress stewardship plan. The department may establish a reasonable annual fee, not to exceed the greater of $25,000 and 1% of the total program costs as set forth in the independent financial auditing report required under subsection 11, paragraph F, to be paid by an operator, to cover the department's actual costs for annual report review, administration and enforcement.
This bill provides for the establishment of a new stewardship program in the State for discarded mattresses. Under the bill, a producer of mattresses, or an organization comprising one or more producers of mattresses, submits a plan for the establishment of a mattress stewardship program to the Commissioner of Environmental Protection for approval. Once approved, a program operates to provide convenient, free statewide collection opportunities for discarded mattresses, and discarded mattresses collected through the program are recycled or otherwise responsibly managed. A program is funded through the imposition of a mattress stewardship assessment, subject to review and approval by the commissioner, which is added to the purchase price of all mattresses sold in the State.