RELATING TO RECYCLING.

HB1924

HOUSE OF REPRESENTATIVES

H.B. NO.

1924

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to recycling
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
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The legislature finds that discarded
mattresses and box springs present a persistent and growing challenge to
Hawaii's solid waste management system.
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Each year, tens of thousands of bulky mattresses are landfilled or
illegally dumped along roadsides, in gulches, and near streams, creating public
health hazards, fire risks, and visual blight.

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Because
mattresses are large, difficult to compact, and often contain recyclable
materials such as steel, foam, and fiber, they take up disproportionate
landfill space and increase disposal costs for counties and taxpayers.
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The transportation of bulky waste to
landfills also increases greenhouse gas emissions and strains already limited
county budgets.

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The
legislature further finds that mattress materials can be recovered and reused
through recycling or renovation, reducing the need for virgin materials,
supporting local recycling enterprises, and creating green-sector jobs.
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Other states, including California,
Connecticut, Oregon, and Rhode Island, have established extended producer
responsibility programs that have diverted millions of mattresses from
landfills, reduced illegal dumping, and provided stable funding through modest,
transparent per-unit fees.

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Accordingly,
the purpose of this Act is to establish the mattress stewardship program, which
requires producers to designate stewardship organizations to develop and
implement plans to ensure collection, reuse, donation, and recycling
opportunities for mattresses, box springs, and mattress foundations.

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SECTION
2.
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Chapter 342G, Hawaii Revised
Statutes, is amended by adding a new part to be appropriately designated and to
read as follows:

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Part .
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Mattress Stewardship program

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�342G-A
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Definitions.
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For the purposes of this part:

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"Consumer"
means a person who purchases or uses a covered product.

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"Covered
product" means any brand or sized mattress, box spring, or mattress foundation
sold to a consumer in the State.

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"Department"
means the department of health.

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"Producer"
means any person or entity that manufactures or imports a covered product for
sale in the State.

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"Program"
means the mattress stewardship program.

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"Retailer"
means a person or entity that sells a covered product in the State, including
through online or catalog sales.

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"Stewardship
organization" means a nonprofit or other organization designated by
producers to develop and operate the mattress stewardship plan.

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�342G-B
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Mattress stewardship program.
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There is established the mattress
stewardship program within the department for administrative purposes.

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�342G-C
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Mattress stewardship plan.
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(a)
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By January 1, 2026, each producer shall designate a stewardship
organization to develop and submit a mattress stewardship plan to the
department for approval.
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The stewardship
organization shall implement the plan upon approval from the department.

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(b)
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The mattress stewardship plan shall:

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(1)
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Include processes to ensure statewide,
convenient collection opportunities for covered products, provided free to
consumers;

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(2)
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Prioritize reuse, donation, and recycling practices
over disposal;

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(3)
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Include annual performance goals for
collection and landfill diversion;

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(4)
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Describe public education and illegal dumping
prevention measures; and

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(5)
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Include requirements for an annual independent
audit.

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�342G-D
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Mattress stewardship fee.
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(a)
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Beginning on January 1, 2027, at the time of the sale of a covered
product, the retailer shall collect a mattress stewardship fee.
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The rate of the mattress stewardship fee
shall be determined by the department; provided that the fee shall not be less
than $16 and shall not be waivable by the retailer.

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(b)
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The mattress stewardship fee shall appear as
a separate line item on the sales receipt of a covered product.

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(c)
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Retailers shall remit all mattress
stewardship fees to the department on a monthly basis.

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�342G-E
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Mattress stewardship special fund; use of
funds.
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(a)
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There is established in the state treasury
the mattress stewardship special fund, into which shall be deposited:

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(1)
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All revenues generated from the mattress
stewardship fee pursuant to section 342G-D; and

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(2)
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All accrued interest from the fund.

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(b)
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Moneys in the mattress stewardship special
fund shall be used for:

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(1)
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Stewardship organizations to implement the
mattress stewardship plans pursuant to section 342G-C; and

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(2)
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Reimbursement of retailers for collection and
transportation costs pursuant to section 342G-F.

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(c)
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Any funds that accumulate in the mattress
stewardship special fund shall be retained in the fund unless determined by the
legislature to be in excess.

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�342G-F
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Retailer take-back.
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(a)
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A retailer delivering a new covered product shall offer to remove the
consumer's discarded mattress or box spring at no additional cost.

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(b)
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If a discarded mattress or box spring poses a
health or safety risk, the retailer may refuse to remove the mattress or box
spring pursuant to health and safety guidelines that shall be established by
the department.

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�342G-G
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Reporting and oversight.
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(a)
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Each stewardship organization shall submit an annual report to the
department by March 31 of each year.
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The
report shall be made accessible to the public and shall include the:

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(1)
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Number of covered products sold by the
producer, collected, and recycled;

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(2)
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Expenditures incurred by the stewardship
organization;

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(3)
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Progress toward performance goals; and

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(4)
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Recommendations for program improvement.

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(b)
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The department may audit program records and
require the stewardship organizations to take corrective action.

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�342G-H
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Enforcement and penalties.
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(a)
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No producer shall sell a covered product in the State unless the
producer has a mattress stewardship plan that has been approved by the
department.

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(b)
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No retailer shall sell a covered product
unless the covered product has been manufactured or imported by a producer with
an approved mattress stewardship plan.

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(c)
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Any person who violates this section shall be
subject to a fine of no more than $500 for each covered product sold.

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�342G-I
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Rules.
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The department may adopt rules pursuant to chapter 91 necessary to
carry out the purposes of this part.
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This includes rules regarding:

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(1)
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Collection convenience;

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(2)
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Performance metrics;

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(3)
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Reporting; and

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(4)
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Public outreach."

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SECTION 2.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 3.
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In codifying the new sections added by
section 1 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

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SECTION 4.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Mattress
Stewardship Program; New Special Fund; Mattresses; Box Springs; Mattress
Foundations; DOH; Collection; Recycling

Description:

Establishes
the mattress stewardship program.
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Establishes the mattress stewardship special fund.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.