Used Mattress Recovery and Recycling Act: mattress recycling charge: consumer education., the official text

An act to amend Section 42989.1 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL'S DIGEST

The Used Mattress Recovery and Recycling Act, administered by the Department of Resources Recycling and Recovery, authorizes a mattress recycling organization to be established by a qualified industry association to develop, implement, and administer a used mattress recycling program in the state. The act requires the organization to develop and submit to the department for approval a plan, including an annual budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the plan to include, among other things, providing outreach efforts and education to consumers, manufacturers, and retailers, for the purpose of promoting the recycling of used mattresses and options available to consumers for the free dropoff or collection of used mattresses. The act requires the organization to set the state mattress recycling charge, which is added to the purchase price of a mattress, at an amount sufficient to fund the program. The act requires the charge to be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.
This bill would authorize the distributor, retailer, or seller to pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user if the distributor, retailer, or seller enters into a written agreement with a mattress recycling organization to pay the charge directly to the mattress recycling organization, as provided. The bill would make a distributor, retailer, or seller responsible for educating the consumer or the ultimate end user of the mattress in the state on the recycling of used mattresses and options available to consumers for the free dropoff or collection of used mattresses.

The people of the State of California do enact as follows:

SECTION 1.
Section 42989.1 of the Public Resources Code is amended to read:
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 that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress. The charge shall be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.
(b) Notwithstanding subdivision (a), a distributor, retailer, or seller may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress if the distributor, retailer, or seller enters into a written agreement with a mattress recycling organization to remit the charge directly to the mattress recycling organization on behalf of the consumer. The distributor, retailer, or seller may, but is not required to, make the charge clearly visible on the invoice, receipt, or in a functionally equivalent document.
(c) A distributor, retailer, or seller shall be responsible for educating the consumer or the ultimate end user of the mattress in the state as provided under subdivision (n) of Section 42987.1.
(d) The charges collected pursuant to this section shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization.
(e) For purposes of this section, “functionally equivalent document” means a document provided by a distributor, retailer, or seller to a consumer from the mattress recycling organization that includes information about the recycling charge and options available to consumers for the free dropoff or collection of used mattresses.