Mattress Stewardship Program - Establishment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0984*

HOUSE BILL 984
M3 6lr1032
HB 858/25 – ENT & ECM
By: Delegates Hill, Boyce, Lehman, Palakovich Carr, Smith, and Terrasa
Introduced and read first time: February 6, 2026
Assigned to: Environment and Transportation and Economic Matters

A BILL ENTITLED

AN ACT concerning 1

Mattress Stewardship Program – Establishment 2

FOR the purpose of prohibiting, on and after a certain date, a person from disposing of a 3
mattress in a landfill, subject to a certain exception; prohibiting, on or after a certain 4
date, a person from disposing of a mattress in an incinerator, subject to a certain 5
exception; requiring certain producers of mattresses sold at retail in the State or a 6
certain representative organization to submit a plan for the establishment of a 7
Mattress Stewardship Program to the Department of the Environment for approval 8
on or before a certain date and in accordance with certain requirements; requiring a 9
certain plan to establish a certain assessment on mattresses sold in the State that is 10
necessary to cover certain costs; requiring retailers to provide certain information to 11
consumers following the implementation of a Mattress Stewardship Program; 12
requiring the Office of Recycling within the Department to review and approve 13
certain plans and annual reports, including a certain assessment; requiring certain 14
producers and retailers or distributors to add a certain assessment to the cost of all 15
mattresses sold in the State beginning on a certain date; requiring a certain producer 16
or representative organization to implement a certain program within a certain 17
amount of time after the Department approves a certain plan; prohibiting a producer 18
or retailer from selling or offering for sale certain mattresses under certain 19
circumstances after a certain amount of time after the Department approves a 20
certain plan; establishing the Mattress Stewardship Advisory Board; authorizing the 21
Department to cooperate with other entities in other states in order to further the 22
objectives of this Act; requiring the Department to adopt certain measures to move 23
the State toward a more equitable recyclin g and waste management system and to 24
seek environmental justice for underserved communities; providing that certain 25
agreements for the recycling of mattresses may not be renewed except under certain 26
circumstances; requiring the Department to request certain legislation under certain 27
circumstances on or before a certain date; requiring the Senate Committee on 28
Education, Energy, and the Environment and the House Environment and 29
Transportation Committee to conduct a certain review by a certain date; and 30
2 HOUSE BILL 984

generally relating to the disposal of mattresses and the Mattress Stewardship 1
Program. 2

BY repealing and reenacting, without amendments, 3
Article – Environment 4
Section 9–1701(a), (i), and (m) and 9–1702(a) 5
Annotated Code of Maryland 6
(2014 Replacement Volume and 2025 Supplement) 7

BY adding to 8
Article – Environment 9
Section 9–1701(j–1), (j–2), (j–3), (o–2), (r–2), (r–6), and (s–1) and 9–1715; and 9–1737 10
through 9 –1742 to be under the new part “Part VI. Mattress Stewardship 11
Program” 12
Annotated Code of Maryland 13
(2014 Replacement Volume and 2025 Supplement) 14

BY repealing and reenacting, with amendments, 15
Article – Environment 16
Section 9–1701(o–2), (o–3), (r–2), (r–3), and (r–4), 9–1702(d) and (e), and 9–1707(f) 17
Annotated Code of Maryland 18
(2014 Replacement Volume and 2025 Supplement) 19

Preamble 20

WHEREAS, In the United States, it is estimated that approximately 20 million 21
mattress units are disposed of annually and that fewer than 5% are recycled; and 22

WHEREAS, Mattresses deplete limited landfill space, create flammable air pockets, 23
damage equipment used at landfills, contribute to air pollution when incinerated or 24
disposed of in a landfill, contain nonbiodegradable synthetic foam and fibers and hazardous 25
flame–retardant chemicals that can l each into the drinking water, and contribute to 26
roadside litter when dumped illegally; and 27

WHEREAS, Mattresses pose practical challenges inherent to disposal because 28
mattresses are bulky and not easily compacted, making transport and disposal inefficient; 29
and 30

WHEREAS, Programs to address the disposal of mattresses that are good for the 31
environment and good for the economy have been implemented successfully in other 32
jurisdictions, including programs implemented through nonprofit organizations with 33
expertise in social enterprises; and 34

WHEREAS, Since 2013, California, Connecticut, Oregon, and Rhode Island have 35
implemented successful mattress stewardship programs that have recycled 15 million 36
mattresses and diverted more than 563 million pounds of steel, foam, cotton, and wood from 37
disposal, saving more than 7.5 billion gallons of water; and 38
HOUSE BILL 984 3

WHEREAS, There are existing mattress recyclers in the State of Maryland who 1
manage mattress collection and recycling programs on behalf of local government, 2
educational institutions, nonprofit organizations, and individuals; and 3

WHEREAS, Under Executive Order 01.01.2017.13, Maryland has committed to 4
sustainable materials management practices, which use and manage materials as 5
efficiently and sustainably as possible; and 6

WHEREAS, According to Executive Order 01.01.2017.13, through source reduction, 7
reuse, and recycling, Maryland can extend existing disposal capacity, reduce the need to 8
construct new or expanded solid waste disposal facilities, conserve natural resources, a nd 9
support a productive economy through recovery of valuable resources; and 10

WHEREAS, According to Executive Order 01.01.2017.13, studies have shown that 11
diverting materials from disposal to reuse, recycling, and composting results in more jobs 12
and a more sustainable economy; and 13

WHEREAS, Executive Order 01.01.2017.13 establishes as the policy of the State that 14
solid waste and recycling should seek, among other things, to minimize the environmental 15
impacts of materials management over the materials’ entire life cycles; and 16

WHEREAS, Implementing policies for mattresses is consistent with existing State 17
policy; and 18

WHEREAS, Providing examples of mattress recycling to Maryland communities 19
enables the consideration of environmental, economic, and social benefits in addressing the 20
disposal, collection, deconstruction, and recycling of mattresses; now, therefore, 21

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23

Article – Environment 24

9–1701. 25

(a) In this subtitle the following words have the meanings indicated. 26

(i) “Director” means the Director of the Office of Recycling. 27

(J–1) (1) “MATTRESS” MEANS A RESILIENT MATERIAL OR COMBINATION OF 28
MATERIALS THAT IS ENCLOSED BY A TICKING, IS USED ALONE OR IN COMBINATION 29
WITH OTHER PRODUCTS, AND IS INTENDED FOR OR PROMOTED FOR SLEEPING ON. 30

(2) “MATTRESS” INCLUDES A FOUNDATION. 31

(3) “MATTRESS” DOES NOT INCLUDE: 32
4 HOUSE BILL 984

(I) AN UNATTACHED MATTRES S PAD OR TOPPER THAT IS 1
DESIGNED TO BE USED ON TOP OF OR IN ADDITION TO A MATTRESS; 2

(II) A WATERBED, AN AIR MATTRESS, OR ANY OTHER PRODUCT 3
THAT CONTAINS LIQUID – OR GAS–FILLED TICKING AND T HAT DOES NOT CONTAIN 4
UPHOLSTERY MATERIAL BETWEEN THE TICKING AND THE MATTRESS CORE; 5

(III) A CARRIAGE, A BASKET, A DRESSING TABLE, A STROLLER, A 6
PLAYPEN, AN INFANT CARRIER, A LOUNGE PAD, A CRIB BUMPER, A CRIB MATTRESS, 7
A BASSINET MATTRESS , OR ANY OTHER PRODU CT MANUFACTURED FOR YOUNG 8
CHILDREN; 9

(IV) A SLEEPING BAG; 10

(V) A PILLOW; 11

(VI) A FUTON, SLEEPER SOFA, OR FOLD–OUT SOFA BED; 12

(VII) A CAR BED; OR 13

(VIII) FURNITURE THAT OTHERW ISE DOES NOT CONTAIN A 14
DETACHABLE MATTRESS. 15

(J–2) “MATTRESS STEWARDSHIP ASSESSMENT” MEANS THE AMOUNT ADD ED 16
TO THE PURCHASE PRICE OF MATTRESSES SOLD IN THE STATE THAT IS NECESSARY 17
TO COVER THE MATTRESS STEWARDSHIP PROGRAM’S COST , INCLUDING 18
COLLECTING, TRANSPORTING, MANAGING, AND PROCESSING POSTC ONSUMER 19
MATTRESSES STATEWIDE, AND ADMINISTRATION, EDUCATION, AND OUTREACH. 20

(J–3) “MATTRESS WASTE MANAGE MENT ENTITY ” MEANS A WASTE 21
MANAGEMENT COMPANY A UTHORIZED OR CONTRAC TED BY THE MATTRESS 22
STEWARDSHIP PROGRAM TO COLLECT , DISAGGREGATE, REDUCE, AND RECYCLE 23
MATTRESSES. 24

(m) “Office” means the Office of Recycling within the Department. 25

(O–2) (1) “POSTCONSUMER MATTRESS ” MEANS A MATTRESS NO LONGER 26
WANTED BY A PURCHASER. 27

(2) “POSTCONSUMER MATTRESS ” INCLUDES UNUSED MATT RESSES 28
AND MATTRESSES THAT HAVE BEEN USED AND ABANDONED OR DISCARDED IN THE 29
STATE. 30

HOUSE BILL 984 5

[(o–2)] (O–3) “Postconsumer paint” means architectural paint not used and no 1
longer wanted by a purchaser. 2

[(o–3)] (O–4) “Producer” means, EXCEPT AS PROVIDED IN PART VI OF THIS 3
SUBTITLE, a manufacturer of architectural paint t hat sells, offers for sale, or distributes 4
the paint in the State under the producer’s own name or brand. 5

(R–2) (1) “RENOVATE” MEANS TO ALTER A DIS CARDED MATTRESS FOR 6
RESALE THROUGH REPLA CING THE TICKING OR FILLING, ADDING ADDITIONAL 7
FILLING, OR REPLACING COMPONENTS OF THE DISCARDED MATTRESS WITH NEW OR 8
RECYCLED MATERIALS. 9

(2) “RENOVATE” DOES NOT INCLUDE: 10

(I) STRIPPING A DISCARDED MATTRESS OF THE TICK ING OR 11
FILLING WITHOUT ADDING NEW MATERIAL; OR 12

(II) THE SANITIZATION OR S TERILIZATION OF A DI SCARDED 13
MATTRESS WITHOUT OTHER ALTERATION TO THE DISCARDED MATTRESS. 14

[(r–2)] (R–3) “Representative organization” means, EXCEPT AS PROVIDED IN 15
PART VI OF THIS SUBTITLE, a nonprofit organization created by producers to implement 16
a Paint Stewardship Program. 17

[(r–3)] (R–4) “Retailer” means, EXCEPT AS PROVIDED IN PART VI OF THIS 18
SUBTITLE, any person that offers architectural paint for sale at retail in the State. 19

[(r–4)] (R–5) “Sale” or “sell” means any transfer of title for consideration, 20
including remote sales conducted through sales outlets, catalogues, the Internet, or any 21
other similar electronic means. 22

(R–6) “SANITIZATION” MEANS THE DIRECT APPLICATION OF CHEMICALS TO A 23
MATTRESS TO KILL PATHOGENS THAT CAUSE HUMAN DISEASE. 24

(S–1) “STERILIZATION” MEANS THE MITIGATION OF AN Y DELETERIOUS 25
SUBSTANCES OR ORGANI SMS, INCLUDING PATHOGENS THAT CAUSE HUMAN 26
DISEASE, FUNGI, AND INSECTS, FROM A MATTRESS OR F ILLING MATERIAL USING A 27
CHEMICAL OR HEAT PROCESS. 28

9–1702. 29

(a) There is an Office of Recycling created within the Department. 30

(d) The Office shall: 31

6 HOUSE BILL 984

(1) Assist the counties in developing an acceptable recycling plan required 1
under § 9–1703 of this subtitle and § 9 –505 of this title, including technical assistance to 2
the local governments; 3

(2) Coordinate the efforts of the State to facilitate the implementation of 4
the recycling goals at the county level; 5

(3) Review all recycling plans submitted as part of a county plan as 6
required under § 9 –505 of this title and advise the Secretary on the adequacy of th e 7
recycling plan; 8

(4) (I) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, 9
INCLUDING THE MATTRE SS STEWARDSHIP ASSES SMENT, SUBMITTED IN 10
ACCORDANCE WITH A MATTRESS STEWARDSHIP PROGRAM ESTABLISHED U NDER 11
PART VI OF THIS SUBTITLE; 12

(II) PROVIDE TO LOCAL COMMUNITIES THE MOST UP–TO–DATE 13
INFORMATION ON LOCAL AND NATIONAL PROGRAM S FOR THE RECYCLING OF 14
MATTRESSES; AND 15

(III) PROVIDE TO LOCAL COMM UNITIES FOR CONSIDER ATION 16
EXAMPLES OF MATTRESS RECYCLING PROGRAMS THAT CREATE JOBS FOR: 17

1. UNEMPLOYED INDIVIDUALS; 18

2. HOMELESS INDIVIDUALS; 19

3. DISADVANTAGED YOUTH; 20

4. INDIVIDUALS WITH DISABILITIES; 21

5. INDIVIDUALS WHO WERE INCARCERATED IN A LOCAL, 22
STATE, OR FEDERAL CORRECTIONAL FACILITY; AND 23

6. OTHER DISADVANTAGED INDIVIDUALS; 24

[(4)] (5) Administer the Statewide Electronics Recycling Program under 25
Part IV of this subtitle; 26

[(5)] (6) Promote the development of markets for recycled materials and 27
recycled products in the State in accordance with § 9–1702.1 of this subtitle; 28

[(6)] (7) Review and approve plans and annual reports, including the 29
paint stewardship assessment, submitted in accordance with a Paint Stewardship Program 30
established under Part V of this subtitle; and 31
HOUSE BILL 984 7

[(7)] (8) Review and approve, in consultation with the produc er 1
responsibility advisory council established under § 9 –2503 of this title, producer 2
responsibility plans and annual reports submitted in accordance with Subtitle 25 of this 3
title. 4

(e) On or before December 31, [2024] 2030, and every 2 years thereafter, the 5
Office shall, in coordination with the Maryland Environmental Service, study and report to 6
the Governor and, subject to § 2 –1257 of the State Government Article, the General 7
Assembly on: 8

(1) The identification and location of recycling centers, inc luding an 9
analysis of existing recycling centers and the need to expand these facilities or construct 10
new recycling centers; 11

(2) Programs necessary to educate the public on the need to participate in 12
recycling efforts; 13

(3) The economics and financing of existing and proposed systems of waste 14
disposal and recycling; 15

(4) State procurement policies for the purchase of recycled materials; 16

(5) Programs necessary to reduce the amount of solid waste generated for 17
disposal by a State agency or unit; 18

(6) The liaison role with local governments, the federal government, and 19
the private sector; 20

(7) The percentage reduction in the amount of solid waste that has been 21
achieved by each county; [and] 22

(8) Economically feasible methods for the recycling of scrap automobile 23
tires, batteries, and white goods; AND 24

(9) THE PROGRESS MADE IN THE STATE IN DIVERTING MATTRESSES 25
FROM DISPOSAL IN LANDFILLS AND INCINERATORS. 26

9–1707. 27

(f) (1) There is a State Recycling Trust Fund. 28

(2) The Fund shall consist of: 29

(i) The newsprint recycling incentive fee; 30

8 HOUSE BILL 984

(ii) The telephone directory recycling incentive fee collected under § 1
9–1709 of this subtitle; 2

(iii) The covered electronic device manufacturer registration fee 3
collected under § 9–1728 of this subtitle; 4

(iv) The Paint Stewardship Program plan and annual report review 5
fees collected under § 9–1733(b) and (h) of this subtitle; 6

(v) THE MATTRESS STEWARDSHIP PROGRAM PLAN AND 7
ANNUAL REPORT REVIEW FEES COLLECTED UNDER § 9–1739(C)(2) AND (H)(2) OF 8
THIS SUBTITLE; 9

(VI) Any fees collected from producer responsibility organizations 10
under § 9–1702.2 of this subtitle or Subtitle 25 of this title; 11

[(vi)] (VII) All fines and penalties collected under this subtitle and § 12
9–2512 of this title; 13

[(vii)] (VIII) Money appropriated in the State budget to the Fund; and 14

[(viii)] (IX) Any other money from any other source accepted for the 15
benefit of the Fund. 16

(3) The Secretary shall administer the Fund. 17

(4) The Treasurer shall hold the Fund separately and the Comptroller shall 18
account for the Fund. 19

(5) At the end of each fiscal year, any unspent or unencumbered balance in 20
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 21
accordance with § 7–302 of the State Finance and Procurement Article. 22

(6) In accordance with the State budget, the Fund shall be used only: 23

(i) To provide grants to the counties to be used by the counties to 24
develop and implement local recycling plans; 25

(ii) To provide grants to cou nties that have addressed methods for 26
the separate collection and recycling of covered electronic devices in accordance with § 27
9–1703(c)(1) of this subtitle; 28

(iii) To provide grants to municipalities to be used by the 29
municipalities to implement local covered electronic device recycling programs; 30

HOUSE BILL 984 9

(iv) To cover the costs of the Paint Stewardship Program plan review 1
under § 9 –1733(b) of this subtitle, the annual report review under § 9 –1733(h) of this 2
subtitle, and associated costs for Program compliance oversight; [and] 3

(V) TO COVER THE ACTUAL C OSTS OF THE MATTRESS 4
STEWARDSHIP PROGRAM PLAN REVIEW A ND ANNUAL REPORT REV IEW UNDER § 5
9–1739 OF THIS SUBTITLE AND ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 6
OVERSIGHT; 7

[(v)] (VI) In accordance with paragraph (7) of this subsection, to 8
cover the costs of a statewide recycling needs assessment conducted under § 9 –1702.2 of 9
this subtitle; 10

[(vi)] (VII) In accordance with paragraph (7) of this subsection, to 11
cover the costs of producer responsibility plan review, oversight, and enforcement under 12
Subtitle 25 of this title; and 13

[(vii)] (VIII) To carry out the purposes of the land management 14
administration. 15

(7) (i) There is a separate account within the Fund. 16

(ii) The separate account shall consist of: 17

1. Any fees collected from producer responsibility 18
organizations under § 9–1702.2 of this subtitle or Subtitle 25 of this title; and 19

2. All fines and penalties collected under § 9 –2512 of this 20
title. 21

(iii) The separate account shall be used only for the costs of statewide 22
recycling needs assessments conducted under § 9 –1702.2 of this subtitle and producer 23
responsibility plan review, oversight, and enforcement under Subtitle 25 of this title. 24

(8) (i) The Treasurer shall invest the money in the Fund in the same 25
manner as other State money may be invested. 26

(ii) Any investment earnings of the Fund shall be credited to the 27
General Fund of the State. 28

9–1715. 29

(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 30
ON OR AFTER JANUARY 1, 2035, A PERSON MAY NOT DIS POSE OF A MATTRESS I N A 31
LANDFILL. 32

10 HOUSE BILL 984

(2) A PERSON MAY DISPOSE O F A MATTRESS IN A LA NDFILL IF THE 1
MATTRESS IS DEEPLY C ONTAMINATED AND POSE S A RISK TO PERSONNE L, NEW 2
PRODUCTS, OR EQUIPMENT, AS DETERMINED BY THE DEPARTMENT. 3

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
ON OR AFTER JANUARY 1, 2035, A PERSON MAY NOT DISPOSE OF A MATTRESS IN AN 5
INCINERATOR. 6

(2) A PERSON MAY DISPOSE O F A MATTRESS IN AN I NCINERATOR IF 7
THE MATTRESS IS DEEP LY CONTA MINATED, THE MATTRESS CANNOT BE 8
RENOVATED, NO PARTS OF THE MATTRESS CAN BE RECYCLED, AND THE MATTRESS 9
POSES A RISK TO PERSONNEL, NEW PRODUCTS, OR EQUIPMENT, AS DETERMINED BY 10
THE DEPARTMENT. 11

9–1735. RESERVED. 12

9–1736. RESERVED. 13

PART VI. MATTRESS STEWARDSHIP PROGRAM. 14

9–1737. 15

(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 16
INDICATED. 17

(B) “ADVISORY BOARD” MEANS THE MATTRESS STEWARDSHIP ADVISORY 18
BOARD. 19

(C) “PREMIUM COLLECTION SE RVICE” MEANS A MATTRESS COL LECTION 20
SERVICE THAT PROVIDE S A GREATER SERVICE CONV ENIENCE, FREQUENCY, OR 21
COMPONENT. 22

(D) (1) “PRODUCER” MEANS: 23

(I) A MANUFACTURER OF MATT RESSES THAT SELLS , OFFERS 24
FOR SALE, OR DISTRIBUTES MATTRESSES IN THE STATE UNDER THE PRODU CER’S 25
OWN NAME OR BRAND; OR 26

(II) AN INDIVIDUAL WHO IMPORTS MATTRESSES I NTO THE 27
STATE TO SELL, OFFER FOR SALE, OR DISTRIBUTE IN THE STATE. 28

(2) “PRODUCER” INCLUDES THE OWNER O F A MATTRESS 29
TRADEMARK OR BRAND , WHETHER OR NOT THE T RADEMARK OR BRAND IS 30
REGISTERED IN THE STATE. 31
HOUSE BILL 984 11

(E) “PROGRAM” MEANS THE MATTRESS STEWARDSHIP PROGRAM. 1

(F) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 2
ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT AND OPERATE A 3
MATTRESS STEWARDSHIP PROGRAM. 4

(G) “RETAILER” MEANS ANY PERSON THAT OFFERS MATTRESSES FOR SALE 5
AT RETAIL IN THE STATE. 6

9–1738. 7

IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT A PRODU CER OR 8
REPRESENTATIVE ORGANIZATION THAT ORGANIZES THE COLLECTION, TRANSPORT, 9
AND PROCESSING OF MATTRESSES IN ACCORDANCE WITH AN APPROVED MATTRESS 10
STEWARDSHIP PROGRAM SHALL BE IMMU NE FROM LIABILITY FOR ANY CL AIM 11
UNDER STATE OR FEDERAL LAW RELATING TO ANTI TRUST AND RESTRAINT OF 12
TRADE, OR ANY UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE, ARISING FROM 13
CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM. 14

9–1739. 15

(A) ON OR BEFORE JULY 1, 2031, PRODUCERS OF MATTRES SES SOLD AT 16
RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION ACTING ON A 17
PRODUCER’S BEHALF , SHALL SUBMIT A PLAN FOR THE ESTABLISHMEN T OF A 18
MATTRESS STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROVAL. 19

(B) (1) THE PLAN REQUIRED UN DER SUBSECTION (A) OF THIS SECTION 20
SHALL: 21

(I) IDENTIFY THE MATERIAL S, ENTITIES, AND RESPONSIBLE 22
PARTIES COVERED UNDER THE PLAN; 23

(II) DESCRIBE THE ORGANIZA TIONAL STRUCTURE OF ANY 24
REPRESENTATIVE ORGANIZATION; 25

(III) DESCRIBE THE FINANCIN G METHOD F OR THE PLAN , 26
INCLUDING: 27

1. HOW FEES WILL BE STRUCTURED AND COLLECTED; 28

2. CONSIDERATION OF WHET HER TO SET A FEE , 29
CONSISTENT THROUGHOUT THE STATE, THAT IS: 30

12 HOUSE BILL 984

A. THE SAME FOR ALL MATT RESSES REGARDLESS OF 1
TYPE; OR 2

B. TIERED BASED ON MATTRESS TYPE; AND 3

3. AN ANALYSIS OF THE DI FFERENTIAL COST TO T HE 4
MATTRESS STEWARDSHIP PROGRAM OF THE FEE STRUCTURES IDENTIFIED IN ITEM 5
2 OF THIS ITEM; 6

(IV) DESCRIBE SOUND MANAGEMENT PRACTICES THAT WILL BE 7
USED FOR WORKER HEALTH AND SAFETY; 8

(V) DESCRIBE HOW DISCARDE D MATTRESSES NOT COV ERED 9
UNDER THE PROGRAM WILL BE HANDLED; 10

(VI) DESCRIBE HOW PRODUCERS WILL: 11

1. WORK WITH EXISTING RE CYCLING PROGRAMS AND 12
INFRASTRUCTURE; 13

2. CONSULT WITH STATE AND LOCAL GOVER NMENTS 14
AND OTHER STAKEHOLDERS; AND 15

3. CONDUCT RESEARCH AS N EEDED TO IMPROVE THE 16
COLLECTION AND RECYCLING OF MATTRESSES; 17

(VII) DESCRIBE HOW MATTRESS WASTE MANAGEMENT ENTITIES 18
WILL BE SOLICITED, RECRUITED, AND SUPPORTED, INCLUDING: 19

1. EXISTING MUNICIPAL , PRIVATE, AND NONPROFIT 20
ENTITIES IN THE STATE THAT WORK IN TH E MATTRESS WASTE STR EAM 21
MANAGEMENT FIELD; 22

2. EXISTING ENTITIES IN THE STATE THAT WORK IN THE 23
GENERAL WASTE MANAGEMENT FIELD; 24

3. ENTITIES THAT HAVE EXPERIENCE IN OR PRIORITIZE 25
DISAGGREGATION AND RECYCLING OF COMPONENT MATTRESS PARTS; 26

4. MINORITY BUSINESS ENTERPRISES; 27

5. MINORITY–OWNED BUSINESSES THA T ARE NOT 28
DESIGNATED AS MINORITY BUSINESS ENTERPRISES; 29

HOUSE BILL 984 13

6. WOMEN–OWNED BUSINESSES; 1

7. VETERAN–OWNED BUSINESSES; AND 2

8. BUSINESSES THAT PRIOR ITIZE THE TRAINING A ND 3
HIRING OF: 4

A. INDIVIDUALS REENTERIN G SOCIETY AFTER 5
IMPRISONMENT; 6

B. INDIVIDUALS EXPERIENC ING HOMELESSNESS AND 7
HOUSING INSECURITY; 8

C. INDIVIDUALS IN ADDICTION RECOVERY; 9

D. INDIVIDUALS WITH DISABILITIES; AND 10

E. INDIVIDUALS WHO ARE O THERWISE 11
SOCIOECONOMICALLY OR HISTORICALLY MARGINALIZED OR DISADVANTAGED; 12

(VIII) PROVIDE AN ESTIMATED ANNUAL OPERATING BUDGET; 13

(IX) PROVIDE A PLAN FOR MARKET DEVELOPMENT; 14

(X) PROVIDE THE TIME FRAM E FOR ACHIEVING ZERO–WASTE 15
GOALS AND PROGRAM SUSTAINABILITY WITHOUT THE NEED FOR FEES BY: 16

1. ENCOURAGING EXPANSION AND DEVELOPMENT OF 17
DOWNSTREAM MARKETS FOR DISAGGREGATED COMPONENT MATTRESS PARTS; 18

2. INCREASING EFFICIENCI ES OF END –OF–LIFE 19
PRODUCT MANAGEMENT; AND 20

3. ENCOURAGING EFFECTIVE COORDINATION AND 21
SHARING OF RESOURCES WHERE POSSIBLE; AND 22

(XI) PROVIDE A PLAN IN CASE OF CLOSURE OF THE PROGRAM. 23

(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 24
AND FINANCIAL RESPONSIBILITY FOR, THE MANAGEMENT OF MATTRESS DISPOSAL 25
BY: 26

(I) PROMOTING MATTRESS RECYCLING; 27

14 HOUSE BILL 984

(II) NEGOTIATING AND EXECUTING AGREEMENTS TO COLLECT, 1
TRANSPORT, RECYCLE, PROCESS FOR MATERIAL S RECOVERY , AND DISPOSE OF 2
MATTRESSES, AND AGREEMENTS TO RE IMBURSE COSTS ASSOCIATED WITH TASK S 3
UNDER EXISTING PUBLIC SECTOR PROGRAMS OR AGREEMENTS; AND 4

(III) PROVIDING FOR THE FIN ANCIAL REIMBURSEMENT TO 5
COLLECTION SITES FOR THE INCREASED COSTS OF COLLECTION. 6

(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 7
COLLECTION OF MATTRESSES STATEWIDE THAT: 8

(I) PROVIDES FOR FREE ACC ESS TO COLLECTION OR 9
DROP–OFF OF MATTRESSES FR OM IN –STATE RESIDENTIAL, COMMERCIAL, OR 10
INSTITUTIONAL CONSUM ERS, OR OTHER IN –STATE SOURCES, ALONG WITH 11
CONVENIENCE EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS 12
AVAILABLE TO CONSUME RS PRIOR TO THE MATTRESS STEWARDSHIP PROGRAM 13
STATEWIDE; 14

(II) PROVIDES A CONVENIENT METHOD FOR THE PUBLI C TO 15
ACCESS A LIST OF COLLECTION OR DROP–OFF OPTIONS; 16

(III) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 17
MATTRESS STEWARDSHIP PROGRAM AND THE BRAND S OF MATTRESSES SOLD IN 18
THE STATE THAT ARE COVERED BY THE PROGRAM; 19

(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 20
NUMBER AND DISTRIBUT ION OF SITES FOR ALL COLLECTION OF POSTCO NSUMER 21
MATTRESSES BASED ON THE FOLLOWING CRITERIA: 22

1. UNLESS OTHERWISE APPR OVED OR REQUIRED BY 23
THE DEPARTMENT, AT LEAST 90% OF THE RESIDENTS OF THE STATE SHALL HAVE A 24
COLLECTION SITE WITHIN A 15–MILE RADIUS; AND 25

2. UNLESS OTHERWISE APPR OVED BY THE 26
DEPARTMENT, ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 27
EVERY 50,000 RESIDENTS OF A GEOGRAPHICAL AREA; 28

(V) PROVIDES INFORMATION ON HOW MATTRESSES 29
CONTAMINATED BY BIOLOGICAL FLUIDS, TOXINS, OR INFECTIOUS AGENTS WILL BE 30
DISPOSED OF, INCLUDING WHETHER THE DISPOSAL WILL BE H ANDLED IN OR OUT 31
OF THE STATE; 32

(VI) ALLOWS FOR SCHEDULING AND PICK–UP OF MATTRESSES 33
FROM PRIVATE PROPERTY; AND 34
HOUSE BILL 984 15

(VII) ALLOWS FOR A MATTRESS WASTE MANAGEMENT ENTITY TO: 1

1. OFFER A PREMIUM COLLECTION SERVICE UNDER THE 2
PROGRAM; 3

2. CHARGE FOR THE ADDITI ONAL COST OF THAT 4
PREMIUM COLLECTION SERVICE; AND 5

3. CARRY OUT A STATEWIDE ASSESSMENT OF NEEDS 6
AND COSTS. 7

(4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER 8
MATTRESS COLLECTION SITE IF: 9

(I) THE RETAILER VOLUNTEERS TO ACT AS A POSTC ONSUMER 10
MATTRESS COLLECTION SITE; 11

(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 12
LAWS AND REGULATIONS; AND 13

(III) THE SITE LOCATION OF THE RETAILER IS CONSISTENT WITH 14
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER MATTRES S 15
COLLECTION LOCATIONS. 16

(5) (I) THE PLAN SHALL ESTABLISH: 17

1. A UNIFORM MATTRESS STE WARDSHIP ASSESSMENT 18
FOR ALL MATTRESSES SOLD IN THE STATE; AND 19

2. A MECHANISM FOR RETAIL ERS PARTICIPATING IN A 20
MATTRESS STEWARDSHIP PROGRAM TO REMIT , AT THE POINT OF SALE , TO THE 21
REPRESENTATIVE ORGAN IZATION PAYMENT OF T HE MATTRESS STEWARDS HIP 22
ASSESSMENT FOR EACH MATTRESS SOLD IN THE STATE. 23

(II) THE UNIFORM MATTRESS STEWARDSHIP ASSESSME NT 24
REQUIRED UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH MAY BE TIERED BASED 25
ON MATTRESS WEIGHT , CONSTRUCTION, SIZE, TYPE, RECYCLABILITY, RETAIL 26
PRICE, OR ANY OTHER FACTOR THE PRODUCER OR REPR ESENTATIVE 27
ORGANIZATION DETERMINES WILL DISTRIBUTE THE ASSESSMENT MORE FAIRLY. 28

(6) THE PLAN SHALL ESTABLISH PERFORMANCE GOALS FOR: 29

(I) THE COLLECTION RATES OF DISCARDED MATTRESSES; 30
16 HOUSE BILL 984

(II) THE RECYCLING RATES OF DISCARDED MATTRESSES; 1

(III) IN COORDINATION WITH THE RENOVATORS AND T O THE 2
EXTENT PRACTICABLE, THE RENOVATION RATES OF DISCARDED MATTRESSES; 3

(IV) IN COORDINATION WITH LOCAL JURISDICTIONS AND TO 4
THE EXTENT PRACTICABLE, THE NUMBER OF ILLEGALLY DUMPED MATTRESSES AND 5
THE SHARE OF DUMPED MATTRESSES AS A PERC ENTAGE OF ALL MATTRE SSES IN 6
THE PROGRAM; AND 7

(V) PUBLIC AWARENESS OF T HE MATTRESS STEWARDSHIP 8
PROGRAM. 9

(7) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 10
TOTAL AMOUNT OF THE MATTRESS STEWARDSHIP ASSESSMENT MAY NOT E XCEED 11
THE COSTS OF IMPLEMENTING THE MATTRESS STEWARDSHIP PROGRAM. 12

(II) THE TOTAL AMOUNT OF T HE MATTRESS STEWARDS HIP 13
ASSESSMENT MAY INCLU DE A FINANCIAL RESER VE SUFFICIENT TO OPE RATE THE 14
PROGRAM OVER A MULTIYEAR PERIOD. 15

(8) (I) THE MATTRESS STEWARDS HIP ASSESSMENT SHALL BE 16
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 17
DEPARTMENT, TO ENSURE THE COSTS OF IMPLEMENTING THE MATTRESS 18
STEWARDSHIP PROGRAM ARE COVERED BUT NOT EXCEEDED. 19

(II) THE COST OF ANY WORK PERFORMED BY AN INDEPENDENT 20
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE MATTRESS STEWARDSHIP 21
PROGRAM. 22

(9) MATTRESS STEWARDSHIP ASSESSMENTS MAY BE U SED ONLY TO 23
IMPLEMENT THE MATTRESS STEWARDSHIP PROGRAM. 24

(10) (I) EACH PLAN SUBMITTE D UNDER SUBSECTION (A) OF THIS 25
SECTION AND APPROVED BY THE DEPARTMENT SHALL BE R EEVALUATED BY THE 26
DEPARTMENT EVERY 5 YEARS. 27

(II) THE DEPARTMENT MAY REQUIR E A PLAN TO BE REVIS ED 28
BEFORE ITS TIME PERIOD ENDS IF: 29

1. TARGETS ARE NOT BEING MET; 30

HOUSE BILL 984 17

2. THERE IS AN APPEAL TO THE MATTRESS 1
STEWARDSHIP ADVISORY BOARD ESTABLISHED UNDER § 9–1742 OF THIS SUBTITLE 2
OR TO THE DEPARTMENT UNDER TITLE 10, SUBTITLE 2 OF THE STATE 3
GOVERNMENT ARTICLE BY AN ENTITY THAT RE CEIVES REIMBURSEMENT UNDER 4
THE PLAN THAT WARRANTS A REVISION; OR 5

3. THERE IS A CHANGE IN CIRCUMSTANCES THAT 6
WARRANTS A REVISION. 7

(C) (1) THE DEPARTMENT SHALL REVIEW: 8

(I) THE MATTRESS STEWARDSHIP PROGRAM PLAN REQUIRED 9
UNDER SUBSECTION (A) OF THIS SECTION; AND 10

(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 11
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E MATTRESS 12
STEWARDSHIP ASSESSMENTS. 13

(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 14
SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 15
DEPARTMENT TO BE DEPOSITED INTO THE STATE RECYCLING TRUST FUND UNDER 16
§ 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT’S COST OF PLAN 17
REVIEW, INCLUDING ASSOCIATED COSTS FOR MATTRESS STEWARDSHIP PROGRAM 18
COMPLIANCE OVERSIGHT, AS DETERMINED BY THE DEPARTMENT. 19

(3) (I) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 20
STEWARDSHIP PROGRAM PLAN , INCLUDING THE MATTRE SS STEWARDSHIP 21
ASSESSMENT, COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (B) OF THIS 22
SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM WITHIN 90 DAYS OF 23
SUBMISSION. 24

(II) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 25
STEWARDSHIP PROGRAM PLAN , INCLUDING THE MATTRE SS STEWARDSHIP 26
ASSESSMENT, REQUIRES MODIFICATIO N, THE PRODUCER OR REPR ESENTATIVE 27
ORGANIZATION SHALL HAVE 30 DAYS TO MODIFY THE PLAN. 28

(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE PRODUCERS, 29
BRANDS, RENOVATORS, AND RETAILERS IMPLEMENTING OR PARTICIPATING IN AN 30
APPROVED MATTRESS STEWARDSHIP PROGRAM. 31

(D) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 32
IMPLEMENT ITS MATTRESS STEWARDSHIP PROGRAM PLAN WITHIN 1 YEAR AFTER 33
THE PLAN’S APPROVAL BY THE DEPARTMENT. 34

18 HOUSE BILL 984

(2) BEGINNING 1 YEAR AFTER A PRODUCE R’S OR REPRESENTATIVE 1
ORGANIZATION’S PLAN IS APPROVED: 2

(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 3
SALE A BRAND OF MATT RESS TO ANY PERSON IN THE STATE, UNLESS THE 4
PRODUCER OF THE BRAN D OR A REPRESENTATIV E ORGANIZATION OF WH ICH THE 5
PRODUCER IS A MEMBER IS IMPLEMENTING AN A PPROVED MATTRESS 6
STEWARDSHIP PROGRAM; 7

(II) A PRODUCER SHALL ADD T HE MATTRESS STEWARDS HIP 8
ASSESSMENT ESTABLISH ED UNDER AN APPROVED MATTRESS STEWARDSHIP 9
PROGRAM TO THE COST O F ALL MATTRESSES SOL D TO RETAILERS AND 10
DISTRIBUTED IN THE STATE; AND 11

(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD THE 12
MATTRESS STEWARDSHIP ASSESSMENT ESTABLISHED UNDER AN APPROVED 13
MATTRESS STEWARDSHIP PROGRAM TO THE PURCHASE PRICE OF ALL MATTRESSES 14
SOLD IN THE STATE BY DISPLAYING A LINE ITEM ON THE RECEIPT FOR THE ADDED 15
COST. 16

(E) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION 17
PARTICIPATING IN AN APPROVED MATTRESS STEWARDSHIP PROGRAM SHALL 18
PROVIDE CONSUMERS WITH EDUCATIONAL MATERIALS REGARDING THE PROGRAM 19
THAT INCLUDE: 20

(I) INFORMATION REGARDING AVAILABLE END –OF–LIFE 21
MANAGEMENT OPTIONS FOR MATTRESSES OFFERED THROUGH THE PROGRAM; AND 22

(II) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 23
ASSESSMENT TO COVER THE COSTS OF IMPLEMENTING THE PROGRAM IS INCLUDED 24
IN THE PURCHASE PRICE OF ALL MATTRESSES SOLD IN THE STATE. 25

(2) FOLLOWING THE IMPLEME NTATION OF THE MATTRESS 26
STEWARDSHIP PROGRAM, A RETAILER SHALL PROVIDE CONSUMERS, AT THE POINT 27
OF RETAIL SALE , WITH EDUCATIONAL MATERIALS, PROVIDED BY A PRODUC ER OR 28
REPRESENTATIVE ORGAN IZATION, ON AVAILABLE COLLECT ION OPPORTUNITIES 29
FOR POSTCONSUMER MATTRESSES THROUGH THE PROGRAM. 30

(F) FOLLOWING THE IMPLEMENTATION OF THE MATTRESS STEWARDSHIP 31
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENTS OF THIS SECTION IF , 32
ON THE DATE THE MATT RESS WAS ORDERED FROM THE PRODUCER OR IT S AGENT, 33
THE PRODUCER OF THE MATTRESS BRAND IS LI STED ON THE DEPARTMENT’S 34
WEBSITE AS IMPLEME NTING OR PARTICIPATI NG IN AN APPROVED MATTRESS 35
STEWARDSHIP PROGRAM. 36
HOUSE BILL 984 19

(G) A POSTCONSUMER MATTRESS COLLECTION SITE THAT IS IDENTIFIED IN 1
THE PLAN MAY NOT CHA RGE AN ADDITIONAL FE E FOR THE DISPOSAL O F 2
MATTRESSES WHEN MATT RESSES ARE OFFERED F OR DISPOSAL OR RE CYCLING 3
UNDER AN APPROVED MATTRESS STEWARDSHIP PROGRAM. 4

(H) (1) BEGINNING MARCH 1, 2033, OR 1 YEAR AFTER PLAN APPROVAL, 5
WHICHEVER IS LATER , AND ANNUALLY THEREAF TER, THE PRODUCER OR 6
REPRESENTATIVE ORGAN IZATION SHALL SUBMIT TO THE DEPARTMENT AND 7
PUBLISH ONLINE A REPORT THAT DETAILS THE MATTRESS STEWARDSHIP 8
PROGRAM, INCLUDING: 9

(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 10
TRANSPORT, AND PROCESS MATTRESSES IN THE STATE; 11

(II) THE AMOUNT BY VOLUME OR WEIGHT, AS SPECIFIED BY THE 12
DEPARTMENT, AND TYPE OF MATTRESSES COLL ECTED IN THE STATE SORTED BY 13
TYPE OF COLLECTION S ITE AND THE POLITICA L SUBDIVISION IN WHI CH THE 14
MATTRESSES WERE COLLECTED; 15

(III) THE AMOUNT BY VOLUME OR WEIGHT, AS SPECIFIED BY THE 16
DEPARTMENT, AND TYPE OF MATTRESSES COLLECTED IN THE STATE BY METHODS 17
OF DISPOSITION, INCLUDING RECYCLING AND OTHER METHODS OF PROCESSING OR 18
DISPOSAL, USING METRICS FOR EVALUATION AND PROGRESS DETERMINED BY THE 19
DEPARTMENT, FOR EACH COUNTY IN THE STATE; 20

(IV) THE TOTAL COST OF IMP LEMENTING AND ADMINISTERING 21
THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIAL AUDIT FUNDED 22
BY THE MATTRESS STEWARDSHIP ASSESSMENT; 23

(V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 24
CONSUMERS OF MATTRES S RECYCLING OR DISPO SAL, A SUMMARY OF PUBLIC 25
EDUCATION EFFORTS , AND AN EVALUATION OF THE EFFECTIVENESS OF THE SE 26
METHODS; 27

(VI) AN EVALUATION OF WHY MATTRESSES THAT WERE NOT 28
RECYCLED WERE NOT RECYCLED; 29

(VII) THE TOTAL NUMBER OF MATTRESSES SOLD TO CONSUMERS 30
IN THE PREVIOUS YEAR; 31

(VIII) STRATEGIES TO ADDRESS POSTCONSUMER AND DISCARDED 32
MATTRESSES THAT ARE NOT INCLUDED IN THE PROGRAM AND THAT ARE ILLEGALLY 33
DUMPED; 34
20 HOUSE BILL 984

(IX) REPORTS ON RESEARCH A CTIVITIES, PILOT PROGRAMS , 1
AND ANY CHANGES IN MATTRESS DESIGN; 2

(X) THE NUMBER OF POSTCON SUMER MATTRESSES RECEIVED 3
THROUGH COLLECTION THAT WERE NOT INCLUDED IN THE PROGRAM; 4

(XI) IN COORDINATION WITH LOCAL JURISDICTIONS AND TO 5
THE EXTENT PRACTICAB LE, THE NUMBER OF POSTCONSUM ER MATTRESSES THAT 6
WERE ILLEGALLY DUMPED AS REPORTED TO THE DEPARTMENT; 7

(XII) AN ANALYSIS OF HO W THE DATA REQUIRED BY THIS 8
PARAGRAPH HAS CHANGED OVER TIME; 9

(XIII) AN EVALUATION OF THE EFFECTIVENESS OF METHODS AND 10
PROCESSES USED TO AC HIEVE THE GOALS OF T HE PROGRAM, INCLUDING 11
INFORMATION ON PROGR ESS MADE TOWARD ACHI EVING THE GOALS , AN 12
EXPLANATION OF WHY ANY GOALS WER E NOT MET DURING THE PREVIOUS 13
CALENDAR YEAR, AND ANY EFFORTS THAT WILL BE TAKEN TO IMPROVE PROGRESS 14
TOWARD MEETING THE GOALS IN THE FUTURE, IF APPLICABLE; 15

(XIV) RECOMMENDATIONS FOR ANY CHANGES TO THE PROGRAM, 16
INCLUDING INFORMATION RELEVANT TO COMPLIANCE WITH THE PLAN; AND 17

(XV) ANY OTHER INFORMATION REQUIRED BY THE 18
DEPARTMENT. 19

(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 20
SUBMITS A REPORT REQ UIRED UNDER THIS SUB SECTION SHALL PAY A REPORT 21
REVIEW FEE TO THE DEPARTMENT TO BE DEPOSITED INTO THE STATE RECYCLING 22
TRUST FUND UNDER § 9–1707 OF THIS SUBTITLE THAT COVERS THE DEPARTMENT’S 23
COST OF REPORT REVIE W, INCLUDING ASSOCIATED COSTS FOR PROGRAM 24
COMPLIANCE OVERSIGHT, AS DETERMINED BY THE DEPARTMENT. 25

(I) (1) THE DEPARTMENT SH ALL REVIEW THE ANNUA L REPORT 26
REQUIRED UNDER SUBSECTION (H) OF THIS SECTION AND: 27

(I) EVALUATE THE TOTAL CO STS OF THE MATTRESS 28
STEWARDSHIP PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO 29
DETERMINE WHETHER TH E MATTRESS STEWARDSH IP ASSESSMENT MEETS OR 30
EXCEEDS THE COSTS OF TH E PROGRAM IN ACCORDANCE WITH SUBSECTION (B)(8) 31
OF THIS SECTION; AND 32

HOUSE BILL 984 21

(II) DETERMINE WHETHER THE PROGRAM IS BEING 1
IMPLEMENTED IN ACCORDANCE WITH THE PLAN APPROVED UNDER SUBSECTION (C) 2
OF THIS SECTION. 3

(2) IF THE DEPARTMENT DETERM INES THAT THE MATTRE SS 4
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE MATTRE SS STEWARDSHIP 5
ASSESSMENT, COMPLIES WITH THE RE QUIREMENTS OF THIS S ECTION, THE 6
DEPARTMENT SHALL APPROVE THE ANNUAL REPORT. 7

(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 8
MAKE THE APPROVED ANNUAL REPORT AVAILABLE TO THE PUBLIC. 9

(4) IF THE DEPARTMENT DETERMINES THAT THE MATTRESS 10
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE MATTRE SS STEWARDSHIP 11
ASSESSMENT, DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION, THE 12
PRODUCER OR REPR ESENTATIVE ORGANIZAT ION SHALL SUBMIT TO THE 13
DEPARTMENT A PLAN ON HOW THE PRODUCER OR REPRESENTATIVE 14
ORGANIZATION WILL ADDRESS THE NONCOMPLIANCE IN THE UPCOMING YEAR. 15

(J) (1) FINANCIAL, PRODUCTION, OR SALES DATA REPORT ED TO THE 16
DEPARTMENT BY A PRODUCER OR THE REPRESENTATIVE ORGANIZATION SHALL BE 17
KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 18
INSPECTION. 19

(2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 20
NOT DISCLOSE FINANCI AL, PRODUCTION, OR SALES DATA OF A P RODUCER, 21
RETAILER, OR REPRESENTATIVE ORGANIZATION. 22

9–1740. 23

(A) A RETAILER THAT VIOLATES THIS PART IS SUBJECT TO A CIVIL PENALTY 24
NOT TO EXCEED $100 PER DAY FOR EACH DAY OF THE VIOLATION. 25

(B) A PRODUCER OR RENOVATOR THAT VIOLATES THIS PART IS SUBJECT TO 26
A CIVIL PENALTY NOT TO EXCEED $1,000 PER DAY FOR EACH DAY OF THE 27
VIOLATION. 28

(C) ANY PENALTY COLLECTED UNDER THIS SECTION SHALL BE PLACED IN 29
A SPECIAL FUND TO BE USED BY THE DEPARTMENT TO ENSURE THE 30
IMPLEMENTATION OF APPROVED MATTRESS STEWARDSHIP PROGRAMS. 31

9–1741. 32

22 HOUSE BILL 984

(A) THE DEPARTMENT MAY COOPER ATE WITH DEPARTMENTS , AGENCIES, 1
AND OTHER EQUIVALENT BODIES IN OTHER STAT ES IN ORDER TO FURTH ER THE 2
OBJECTIVES OF THIS PART. 3

(B) (1) THE DEPARTMENT SHALL ADOPT MEASURES TO MOVE THE STATE 4
TOWARD A MORE EQUITABLE RECYCLING AND WASTE MANAGEMENT SYSTEM AND TO 5
SEEK ENVIRONMENTAL JUSTICE FOR UNDERSERVED COMMUNITIES. 6

(2) MEASURES ADOPTED UNDER THIS SUBSECTION MAY INCLUDE: 7

(I) CONDUCTING STUDIES ON HOW TO IMPROVE ACCES S TO 8
RECYCLING FOR UNDERSERVED COMMUNITIES; 9

(II) CONDUCTING STUDIES ON HOW TO IM PROVE SOCIAL 10
EQUITY WITHIN THE RE CYCLING SYSTEM , INCLUDING ENSURING E QUITABLE 11
EMPLOYMENT AND DEVELOPMENT OPPORTUNITIES; 12

(III) PROVIDING A PLATFORM FOR RECOMMENDATIONS FROM 13
ENVIRONMENTAL JUSTICE AND COMMUNITY –BASED ORGANIZATIONS ON HOW TO 14
IMPROVE THE PROGRAM; 15

(IV) REQUIRING REPRESENTAT IVE ORGANIZATIONS TO 16
GUARANTEE PRODUCTS ARE TRANSFERRED TO RESPONSIBLE END MARKETS THAT 17
MEET ENVIRONMENTAL AND PUBLIC SAFETY STANDARDS; 18

(V) REQUIRING ALL CONTRACTS MADE BY A REPRESE NTATIVE 19
ORGANIZATION TO INCL UDE LANGUAGE GUARANT EEING A LIVABLE WAGE AND 20
QUALITY BENEFITS TO WORKERS; AND 21

(VI) REQUIRING REPRESENTAT IVE ORGANIZATIONS TO 22
TRANSLATE ALL EDUCAT IONAL MATERIALS INTO THE LANGUAGES SPOKEN BY 23
LOCAL POPULATIONS AN D TO ENSURE THAT COL LECTION INFRASTRUCTURE IS 24
ACCESSIBLE TO DISABLED RESIDENTS. 25

(C) THE DEPARTMENT SHALL ADOP T REGULATIONS TO ENF ORCE THIS 26
PART THAT INCLUDE A CLARIFICATION OF THE AUTHORITY AND RESPONSIBILITY TO 27
INSPECT AND ENFORCE THE PROGRAM BETWEEN LOCAL AND STATE 28
GOVERNMENTS. 29

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30
as follows: 31

Article – Environment 32

HOUSE BILL 984 23

9–1742. 1

(A) THERE IS A MATTRESS STEWARDSHIP ADVISORY BOARD. 2

(B) THE PURPOSE OF THE ADVISORY BOARD IS TO ADVISE ON THE PROPER 3
IMPLEMENTATION AND SUSTAINABILITY O F THE MATTRESS STEWARDSHIP 4
PROGRAM. 5

(C) THE ADVISORY BOARD CONSISTS OF THE FOLLOWING MEMBERS: 6

(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 7
PRESIDENT OF THE SENATE; 8

(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 9
SPEAKER OF THE HOUSE; 10

(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 11

(4) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; 12

(5) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S 13
DESIGNEE; 14

(6) THE COMPTROLLER, OR THE COMPTROLLER’S DESIGNEE; AND 15

(7) THE FOLLOWING INDIVIDUALS, APPOINTED BY THE GOVERNOR: 16

(I) ONE REPRESENTATIVE OF MATTRESS RETAILERS; 17

(II) ONE REPRESENTATIVE OF THE MATTRESS 18
MANUFACTURING INDUSTRY; 19

(III) ONE REPRESENTATIVE OF MATTRESS RECYCLERS; 20

(IV) ONE REPRESENTATIVE OF THE MARYLAND CHAPTER OF 21
THE SIERRA CLUB; 22

(V) ONE REPRESENTATIVE OF AN ENVIRONMENTAL ADVOCACY 23
GROUP; 24

(VI) ONE REPRESENTATIVE OF AN ADVOCACY GROUP FO R THE 25
REHABILITATION OF FORMERLY INCARCERATED INDIVIDUALS; 26

(VII) ONE REPRESENTATIVE OF INDEPENDENT HAULERS OF 27
BULK WASTE; 28
24 HOUSE BILL 984

(VIII) ONE REPRESENTATIVE OF THE MARYLAND ASSOCIATION 1
OF COUNTIES; 2

(IX) ONE REPRESENTATIVE OF THE MARYLAND MUNICIPAL 3
LEAGUE; AND 4

(X) ONE CONSUMER REPRESEN TATIVE EACH FROM WESTERN 5
MARYLAND, CENTRAL MARYLAND, SOUTHERN MARYLAND, AND THE EASTERN 6
SHORE. 7

(D) IN APPOINTING INDIVID UALS TO THE ADVISORY BOARD, THE 8
GOVERNOR SHALL CONSID ER APPOINTING INDIVI DUALS FROM UNDERSERV ED, 9
OVERBURDENED, LOW–INCOME, AND HISTORICALLY MARGINALIZED COMMUNITIES. 10

(E) (1) THE ADVISORY BOARD SHALL: 11

(I) REVIEW AND EVALUATE THE STRUCTURE, FINANCING, AND 12
OTHER ASPECTS OF THE MATTRESS STEWARDSHIP PROGRAM; 13

(II) REVIEW AND EVALUATE E ACH MATTRESS STEWARD SHIP 14
PLAN REQUIRED UNDER § 9–1739(A) OF THIS SUB TITLE BEFORE THE PLA N IS 15
SUBMITTED TO THE DEPARTMENT FOR APPROVAL; 16

(III) CONSULT WITH AND ADVI SE PRODUCERS AND 17
REPRESENTATIVE ORGAN IZATIONS AS THEY PRE PARE THE MATTRESS 18
STEWARDSHIP PLAN; 19

(IV) 1. RECEIVE AND REVIEW THE MATTRESS STEWARDSHIP 20
PLANS SUBMITTED IN ACCORDANCE WITH § 9–1739 OF THIS SUBTITLE; AND 21

2. MAKE RECOMMENDATIONS TO THE DEPARTMENT 22
REGARDING MATTRESS STEWARDSHIP PLAN APPROVAL; 23

(V) 1. RECEIVE AND REVIEW ANNUAL REPORTS SUBMITTED 24
IN ACCORDANCE WITH § 9–1739 OF THIS SUBTITLE; AND 25

2. MAKE RECOMMENDATIONS TO THE DEPARTMENT 26
REGARDING THE NEED F OR ANY PLAN AMENDMEN TS OR OTHER REQUIREM ENTS 27
BASED ON THE ADVISORY BOARD’S REVIEW OF THE REPORTS; AND 28

(VI) REVIEW AND COMMENT ON DRAFT REGULATIONS 29
RELEVANT TO THE IMPLEMENTATION OF THE MATTRESS STEWARDSHIP PROGRAM. 30

HOUSE BILL 984 25

(2) THE ADVISORY BOARD SHALL MEET AT LEAST QUARTERLY UNTIL 1
THE INITIAL ROUND OF STEWARDSHIP PLANS HA VE BEEN APPROVED , AND 2
SEMIANNUALLY OR ANNU ALLY, AS DETERMINED BY THE DEPARTMENT, 3
THEREAFTER. 4

(3) THE ADVISORY BOARD SHALL ELECT A CHAIR FROM AMONG THE 5
MEMBERS BY A SIMPLE MAJORITY VOTE. 6

(4) THE ADVISORY BOARD MAY ADOPT BYLAWS AND A CHARTER FOR 7
THE OPERATION OF THE ADVISORY BOARD’S BUSINESS IN ACCORDANCE WITH THIS 8
PART. 9

(5) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE ADVISORY 10
BOARD. 11

(6) ON OR BEFORE APRIL 1, 2031, THE ADVISORY BOARD SHALL 12
REPORT, AND IF APPLICABLE SU BMIT A MINORITY REPO RT ON, ITS FINDINGS AND 13
RECOMMENDATIONS, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 14
ARTICLE, TO THE GENERAL ASSEMBLY. 15

SECTION 3. AND BE IT FURTHER ENACTED, That: 16

(a) On or after July 1, 2030, a contract or agreement for the recycling of 17
mattresses in existence prior to the effective date of this Act may not be renewed unless the 18
contract or agreement conforms to or is mod ified to conform to the requirements of a 19
Mattress Stewardship Program plan as enacted by this Act. 20

(b) On or before December 1, 2030, the Department of the Environment shall, if 21
necessary, request legislation to further implement this Act. 22

SECTION 4. AND BE IT FURTHER ENACTED, T hat on or before December 31, 23
2033, the Senate Committee on Education, Energy, and the Environment and the House 24
Environment and Transportation Committee shall jointly review the Mattress Stewardship 25
Program to evaluate the Program’s implementation, effectiveness, and impact. 26

SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
1, 2029. 28