"Mattress Stewardship Act;" requires mattress producers to join stewardship organization and implement mattress stewardship program.

A1651 TR

ASSEMBLY, No. 1651

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman MELINDA KANE

District 6 (Burlington and Camden)

Assemblyman� WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Co-Sponsored by:

Assemblyman Kennedy

SYNOPSIS

���� "Mattress Stewardship Act;" requires
mattress producers to join stewardship organization and implement mattress
stewardship program.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Consumer Affairs
Committee with technical review.

��

An Act

concerning the collection and disposal of
mattresses in the State and supplementing Title 13 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� This act shall be known
and may be cited as the �Mattress Stewardship Act.�

���� 2.� As used in this act:

���� �Brand� means a name, symbol,
word, or mark that attributes a mattress to the producer of the mattress.

���� �Consumer� means a person who
purchases a mattress for use in the State.

���� �Department� means the
Department of Environmental Protection.

���� �Discarded mattress� means a
mattress that has been used in the State and abandoned or discarded in the State.�
�Discarded mattress� does not include a mattress transported from outside of
the State to be discarded in the State.

���� �Environmentally sound
management� means policies or procedures for the collection, storage,
transportation, renovation, and recycling or disposal of discarded mattresses,
which are implemented by a stewardship organization to:� ensure compliance with
all applicable federal, State, and local laws, rules, regulations, and
ordinances; protect human health and the environment; and address matters
including, but not limited to, adequate recordkeeping and accurate tracking and
documentation of the collection, transportation, renovation, and recycling or
disposal of discarded mattresses within the State.

���� �Final disposition� means the
point by which no further processing takes place and a discarded mattress and
its components have been recycled, renovated, or disposed of.

���� �Functionally equivalent
document� means a document provided by a retailer or renovator to a consumer
from the stewardship organization that includes information about the
stewardship assessment and options available to consumers for the free drop-off
or collection of used mattresses.

���� �Foundation� means a
ticking-covered structure that is used to support a mattress or sleep surface
and that may be constructed of frames, foam, box springs, or other materials
used alone or in combination.

���� �Mattress� means: (1) a
resilient material or combination of materials that is enclosed by a ticking,
is used alone or in combination with other products, and is intended for
sleeping upon; or (2) a foundation.� �Mattress� includes a foundation and a
renovated mattress or renovated foundation.� �Mattress� does not include an
unattached mattress pad or unattached mattress topper, including items with
resilient filling, with or without ticking, intended to be used with or on top
of a mattress; a sleeping bag or pillow; a car bed, crib, or bassinet mattress;
juvenile products, including a carriage, basket, dressing table, stroller,
playpen, infant carrier, lounge pad, or crib bumper, and the pads for those
juvenile products; a product containing liquid- and gaseous-filled ticking,
including a water bed and an air mattress that does not contain upholstery
material between the ticking and the mattress core; or upholstered furniture
that does not otherwise contain a detachable mattress or that is a fold out
sofa bed or futon.

���� �Mattress stewardship program�
means a mattress stewardship program established and implemented by a
stewardship organization pursuant to this act.

���� �Person� means an individual,
a corporation, an organization, or other legal entity.

���� �Premium service� means a
service such as at-home pickup service, including curbside pickup service.

���� �Producer� means any person
that: (1) manufactures a mattress that is sold, offered for sale, or
distributed in the State; (2) is the owner of a trademark or brand under which
a mattress is sold, offered for sale, or distributed in the State, whether or not
such trademark or brand is registered in the State; or (3) imports a mattress
into the United States that is sold or offered for sale in the State.

���� �Program mattress� means a
discarded mattress that a stewardship organization will provide for the
environmentally sound management of under a mattress stewardship program.

���� �Recycler� means a person that
recycles discarded mattresses.

���� �Recycling� means any process
in which discarded mattresses or discarded mattress components are dismantled
and transformed into new, useable, or marketable materials.

���� �Renovate� means the process
of altering a discarded mattress for resale by adding to or replacing the
ticking or filling, adding additional filling, or replacing mattress
components.� �Renovate� does not include: stripping a discarded mattress of the
ticking or filling without adding new material; the sanitation or sterilization
of a discarded mattress without other alteration of the discarded mattress;
recycling; or refurbishing that disqualifies a mattress from having a red
wholesale renovator tag affixed to the mattress.

���� �Renovator� means a person
that person that renovates a discarded mattress.

���� �Retailer� means a person that
offers new, used, or renovated mattresses for retail sale in the State.

���� �Stewardship assessment� means
the per unit amount added to the purchase price of a mattress sold to a
customer to cover the costs of a mattress stewardship program.

���� �Stewardship organization�
means a nonprofit organization designated by a producer or group of producers
to implement a mattress stewardship program.

���� �Ticking� means the outermost
layer of fabric or related material of a mattress or foundation.� �Ticking�
does not include any layer of fabric or material quilted together with, or
otherwise attached to, the outermost layer of fabric or material of a mattress.

���� 3.� a.� No later than one year
after the effective date of this act, each producer shall join a stewardship
organization in order to implement a mattress stewardship program.� The purpose
of a mattress stewardship program shall be to provide for the environmentally
sound management of discarded mattresses in the State.

���� b.� No later than one year
after the effective date of this act, each retailer or renovator that sells or
offers for sale mattresses in this State shall register with a stewardship
organization and comply with the provisions of this act.

���� c. No later than one year
after the effective date of this act, a stewardship organization shall prepare
and submit to the department a plan for the development and implementation of a
mattress stewardship program.� The plan shall, at a minimum:

���� (1) describe how the
stewardship organization will manage and administer the mattress stewardship
program;

���� (2) identify, in two separate
lists: (a) each producer, renovator, and retailer that is registered with the
stewardship organization as of 30 days before the plan is submitted to the
department; and (b) the brands of mattresses that are included in the stewardship
program;

���� (3) include a description of
how the stewardship organization will provide for the environmentally sound
management of program mattresses, regardless of the producer.� The description
shall include, at a minimum:

���� (a) the identification of the
proposed recyclers that the stewardship organization will contract with to
process program mattresses and the recycling methods that the recyclers will
use;

���� (b) information concerning the
methods the stewardship organization will utilize to implement the mattress
stewardship program using environmentally sound management practices; and

���� (c) information concerning the
methods the stewardship organization will utilize to handle non-program
mattresses;

���� (4) provide for convenient
consumer access to the program, including the establishment of permanent
mattress drop-off locations throughout the State, collection events in
underserved areas of the State, and a convenient way for the public to access a
list of mattress collection opportunities;

���� (5) establish performance
goals for the stewardship program, including a mattress collection target and
mattress recycling rates;

���� (6) include a proposed
mattress stewardship assessment and a proposed method of collecting the
mattress stewardship assessment from retailers and ensuring the mattress
stewardship assessment is remitted to the stewardship organization.� A proposed
mattress assessment shall be sufficient to recover, but not exceed, the costs
of implementing and administering the mattress stewardship program;

���� (7) describe the educational
materials and outreach efforts that will be utilized to inform consumers about
the mattress stewardship program, including mattress collection opportunities;

���� (8) address procedures for
identifying substantial or material changes to the system for collecting
discarded mattresses for which a plan amendment would be required pursuant to
section 5 of this act;

���� (9) develop the criteria for
determining whether a mattress should be rejected as unacceptable for
recycling, including when a mattress is contaminated, wet, crushed, or would
otherwise pose a health or safety risk to personnel or equipment, and a procedure
for how these rejected mattresses should be disposed of;

���� (10) include an anticipated
annual operating budget for the mattress stewardship program, which shall
include, but need not be limited to, budget line items related to:

���� (a) the collection,
transportation, and processing of program mattresses;

���� (b) the anticipated amount of
moneys that the stewardship organization will hold in unallocated reserve funds
for the mattress stewardship program; and

���� (c) the annual fee to be paid
to the department pursuant to subsection d. of section 12 of this act; and

���� (11) include information on if
the stewardship organization plans to implement any of the compliance standards
that are optional to include within a mattress stewardship program pursuant to
subsection g. of section 6 of this act.

���� 4.� a.� Within 60 days of the
department�s receipt of a plan submitted in accordance with subsection c. of
section 3 of this act, the commissioner shall approve or disapprove the plan,
including the mattress stewardship assessment identified therein, and provide
written notice of its determination to the stewardship organization.� If the
department does not provide notice of its determination within 60 days after
its receipt of the plan, the plan shall be deemed to have been approved.

���� b.� If the commissioner
disapproves a plan submitted pursuant to subsection c. of section 3 of this
act, the written notice provided pursuant to subsection a. of this section
shall be accompanied by a list, prepared by the department, describing the plan
requirements, established in subsection c. of section 3 this act, that have not
been satisfied, and the changes that are required for the plan to be approved.�
No more than 30 days after receipt of the department�s written notice and
accompanying statement of the reasons for the disapproval of a plan submitted
pursuant to subsection c. of section 3 of this act, the stewardship
organization shall submit a modified plan to the department for approval.

���� c.� Within 30 days after
receipt of a modified plan that has been submitted in accordance with
subsection b. of this section, the department shall approve the plan or reject
it, and shall certify the approval or rejection to the stewardship organization.�
Upon the department�s disapproval of any modified plan submitted pursuant to
subsection b. of this section, or upon the failure of the stewardship
organization to submit a modified plan as required, the department shall propose
any revisions to the plan the department deems necessary, and shall transmit
the proposed plan revisions to the stewardship organization.� Upon receipt of
the department�s proposed revisions to the plan, the stewardship organization
shall implement the revised plan unless otherwise agreed to by the department.

���� d.� Beginning no later than
one year after a plan has been approved by the department pursuant to this
section, the stewardship organization shall implement a mattress stewardship
program as described in the approved plan.

���� e.� The department shall post
a proposed plan, submitted to the department pursuant to subsection c. of
section 3 of this act, or a plan amendment submitted pursuant to section 5 of
this act, on its Internet website and provide for public comment on the proposed
plan or plan amendment for at least 15 days prior to approving, disapproving,
or requesting any information on the plan or plan amendment.� The department
shall post an approved plan on its Internet website, and update as necessary.

���� 5.� a.� A stewardship
organization shall notify the department, in writing, within 30 days of any of
the following changes to the plan approved pursuant to section 4 of this act:

���� (1) a change in the location
or the number of permanent collection sites identified in the plan;

���� (2) change in the producers,
renovators, or retailers that are registered with the stewardship organization;
or

���� (3) a change in the recyclers
or renovators and transporters that manage the discarded mattresses collected
by the stewardship organization under the program.

���� b.� A stewardship organization
shall submit an amendment to the plan approved by the department pursuant to
section 4 of this act if, at any time, there is a substantial or material
change to the system for collecting discarded mattresses under the program.

���� c.� The department shall not
request an amendment to an approved plan within two years of the initial
implementation of the mattress stewardship program by the stewardship
organization.

���� d.� A proposed change to the
amount of the mattress stewardship assessment shall not require a program plan
amendment.

���� e.� All proposed amendments to
an approved plan shall be submitted to the department for approval in
accordance with the requirements of section 4 of this act.

���� f.� The department�s rejection
of, or request for additional information for, a plan amendment does not
relieve a stewardship organization from continuing to implement a mattress
stewardship program in compliance with a previously approved plan pending a
final action by the department on the plan amendment.

���� 6.� a.� Beginning one year
after the effective date of this act, a producer, renovator, or retailer shall
not sell or offer for sale any mattress to any person in the State unless the
producer, renovator, or retailer is registered with a stewardship organization
that has submitted a plan to the department pursuant to subsection c. of
section 3 of this act to implement a mattress stewardship program.

���� b.� Beginning on the date that
a mattress stewardship program has been implemented in the State, a retailer
shall:

���� (1) purchase a mattress only
from a producer or renovator that is registered with a stewardship organization
as of the date of purchase;

���� (2) collect, at the point of
sale, the mattress stewardship assessment established pursuant to a plan
approved by the department pursuant to section 4 of this act and remit the
stewardship assessment to the stewardship organization that implements the mattress
stewardship program, except as provided in subsection c. of this section if the
retailer or renovator elects to cover the costs of the stewardship assessment;
and

���� (3) provide to consumers, at
the point of sale, information on collection opportunities for discarded
mattresses through the mattress stewardship program.

���� c.� Notwithstanding the
provisions of paragraph (2) of subsection b. of this section, a retailer or
renovator may directly pay the applicable charge of the stewardship assessment
to the stewardship organization on behalf of the consumer or ultimate end user
of the mattress if the retailer or renovator enters into a written agreement
with the stewardship organization to remit the applicable charge of the
stewardship assessment to the stewardship organization on behalf of the
consumer.� A retailer or renovator that elects to cover the costs of the
stewardship assessment pursuant to this subsection may make the charge visible
on the receipt, invoice, or functionally equivalent document.

���� d.� Beginning on the date that
a mattress stewardship program has been implemented in the State, a retailer
shall be deemed to be in compliance with the provisions of this section, if on
the date the mattress was ordered from the producer or its agent, the producer
of the mattress brand is listed on the department�s Internet website as
implementing or participating in an approved mattress stewardship program.

���� e.� A retailer or renovator
shall identify the mattress stewardship assessment as a separate line item on
the receipt, invoice, or functionally equivalent document for a mattress
provided to a consumer at the point of sale, except as provided in subsection
c. of this section if the retailer or renovator elects to cover the costs of
the stewardship assessment.

���� f. In implementing a mattress
stewardship program, the stewardship organization shall make available on the
stewardship organization�s Internet website and upon request:

���� (1) information on registered
brands provided to the stewardship organization by the producers and renovators
registered with the stewardship organization;

���� (2) information on available
mattress collection opportunities; and

���� (3) any other information that
may be necessary for retailers to comply with the requirements of this section.

���� g. In implementing a mattress
stewardship program, a stewardship organization may, if included in the plan
approved by the department pursuant to section 4 of this act:

���� (1) provide for collection
sites at permitted solid waste facilities or other suitable sites throughout
the State for the collection of discarded mattresses, provided such sites do
not impose a fee for making space available for storage containers that the
stewardship organization shall provide at no charge;

���� (2) provide for bulk pickup
service at no cost to collect a minimum of 100 source separated program
mattresses at one time from persons, including retailers; health care,
educational, or military facilities; and hotels, motels, inns, and other
establishments that provide transient lodging;

���� (3) provide for coordination
with organizations that recycle or renovate discarded mattresses; and

���� (4) notify retailers that sell
or offer for sale mattresses that are made or sold by producers or renovators
registered with the stewardship organization about the mattress stewardship
program.

���� h.� In implementing a mattress
stewardship program, a stewardship organization shall charge no fee for the
collection of discarded program mattresses, except that a stewardship
organization may charge a fee if a mattress is collected using a premium service.�
A fee charged for a premium service shall only cover the costs of the premium
service.

���� i.� A stewardship organization
shall retain all records related to the implementation of a mattress
stewardship program for not less than three years and make the records
available for inspection by the department upon request.

���� 7.� a.� Beginning one year
from the date the collection of the stewardship assessment commences, the
stewardship organization may change the amount of the stewardship assessment,
but changes to the amount of the stewardship assessment shall not be changed
more frequently than annually, unless the stewardship organization provides
good cause to the department to change the assessment more frequently.� The
stewardship organization shall provide at least 90 days� notice to the public
before the change in the amount of the stewardship assessment is implemented.

���� b. The stewardship
organization may conduct a financial review of the stewardship assessments remitted
by retailers and renovators to the mattress recycling organization to verify
that the assessments paid are proper and accurate and to confirm that all
parties required by to pay or collect the assessment are paying or collecting
the proper amount. �The financial review shall be carried out in accordance
with generally accepted auditing practices and shall be limited in scope to
confirm whether the stewardship assessment has been properly collected on all
sales of mattresses to consumers in the State. �The stewardship organization
shall hire independent third-party auditors to conduct the financial review. �The
stewardship organization shall provide to the department a copy of such
financial review reports.

���� c.� The department shall
actively supervise the conduct of a stewardship organization in establishing,
administering, collecting, and disbursing the mattress stewardship assessment.

���� 8.� a.� There is established
the �Mattress Stewardship Fund� as a separate, non-lapsing fund in the Department
of the Treasury.� The �Mattress Stewardship Fund� shall be credited with all
surcharges, interest, penalties, and other amounts collected and paid to the
Division of Taxation in the Department of the Treasury pursuant to this
section.� Moneys in the �Mattress Stewardship Fund� shall be expended only to:
(1) administer and enforce the provisions of this act; or (2) implement an
approved mattress stewardship plan.� Prior to making an expenditure from the
fund, the department shall consult with the stewardship organization
implementing an approved mattress stewardship plan and shall follow the
recommendations of the stewardship organization regarding expenditures from the
fund, provided that the department determines that the expenditures are in the
public interest.

���� b.� Monies deposited in the
fund shall be held in interest-bearing accounts in public depositories, as
defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be
invested or reinvested in such securities as are approved by the State
Treasurer.� Interest or other income earned on monies deposited into the fund
shall be credited to the fund for use as set forth in subsection a. of this
section for other monies in the fund.

���� c.� Moneys appropriated from
the �Mattress Stewardship Fund� shall not replace or reduce the allocation of
any other funding.

���� 9.� a.� The department shall
have the authority to enter upon and inspect, at any time, any public or
private property, premises, or place for the purpose of investigating an actual
or suspected violation of this act, all in accordance with due process of law.

���� b.� The department shall
publish, and update on a continual basis, a list on its Internet website of all
producers, renovators, and retailers that are in compliance with the provisions
of this act.

���� c.� Upon a written finding by
the department, that a producer, renovator, or retailer has not complied with
the requirements of this act, in addition to other penalties authorized under
section 10 of this act, the department may, after affording the producer,
renovator, or retailer a reasonable opportunity to respond to, or rebut, the
finding to ensure compliance with the requirements of this act, remove the
producer, renovator, or retailer from the list of compliant producers,
renovators, and retailers published on the department�s Internet website
pursuant to subsection b. of this section.

���� 10.� a.� Whenever the
commissioner finds that a person has violated any provision of this act, any
rule or regulation adopted pursuant thereto, or any provision of a stewardship
plan approved thereunder, or has knowingly made a false statement, representation,
or certification in any application, record, plan, or other document filed or
required to be maintained pursuant to this act, the commissioner may:

���� (1)�� issue an order, in
accordance with subsection c. of this section, requiring the violator to comply
with the provisions of this act, the rules or regulations adopted pursuant
thereto, or the stewardship plan approved thereunder, as the case may be;

���� (2)�� bring a civil action in
accordance with subsection d. of this section;

���� (3)�� levy a civil
administrative penalty in accordance with subsection e. of this section;

���� (4)�� bring an action for a
civil penalty in accordance with subsection f. of this section; or

���� (5) notify the public of a producer,
renovator, or retailer that is not in compliance with the requirements of this
act.�

���� b.��� Pursuit of any of the
remedies specified under this section shall not preclude the seeking of any
other remedy specified.

���� c.���� Whenever the
commissioner finds that a person has violated the provisions of this act, any
rule or regulation adopted pursuant thereto, or any provision of a stewardship
plan approved thereunder, the commissioner may issue an administrative
enforcement order to the person:� specifying the provision or provisions that
the person has violated; citing the action that constituted the violation;
requiring the person's compliance with the provision violated; and giving
notice of the person's right to a hearing on the matters contained in the
administrative enforcement order.� The person subject to the order shall have
20 calendar days from receipt of the order within which to deliver to the
commissioner a written request for a hearing.� After the hearing, and upon finding
that a violation has occurred, the commissioner may issue a final order.� If no
hearing is requested, the order shall become final after the expiration of the
20-day period.� A request for hearing shall not automatically stay the effect
of the order.

���� d.��� The commissioner shall
be authorized to institute a civil action in Superior Court for appropriate
relief from any violation of the provisions of this act, or of any rule or
regulation adopted pursuant thereto, or of a stewardship plan approved
thereunder.� Such relief may include, singly or in combination:

���� (1)�� a temporary or permanent
injunction;

���� (2)�� recovery of the
reasonable costs of any investigation or inspection that led to the discovery
of the violation, and for the recovery of the reasonable costs of preparing and
bringing a civil action commenced under this subsection;

���� (3)�� recovery of reasonable
costs incurred by the State in removing, correcting, or terminating the adverse
effects resulting from the violation for which a civil action has been
commenced and brought under this subsection; and

���� (4)�� recovery of compensatory
damages caused by a violation for which a civil action has been commenced and
brought under this subsection.� Assessments under this subsection shall be paid
to the State Treasurer, except that compensatory damages may be paid by
specific order of the court to any persons who have been aggrieved by the
violation.

���� e.���� (1)� The commissioner
shall be authorized to assess a civil administrative penalty not to exceed
$1,000 for each violation, provided that each day during which the violation
continues shall constitute an additional, separate, and distinct offense.� In
assessing a civil administrative penalty, the commissioner shall consider the
severity of the violation, the measures taken to prevent further violations,
and whether the penalty will act as an appropriate deterrent.

���� (2)�� Prior to the assessment
of a civil administrative penalty under this subsection, the person committing
the violation shall be notified by certified mail or personal service that the
penalty is being assessed.� The notice shall identify the section of the
statute, rule, regulation, or order, or the provision of the stewardship plan,
that was violated; recite the facts alleged to constitute a violation; state
the basis for the amount of the civil administrative penalties to be assessed;
and affirm the rights of the alleged violator to a hearing.� The ordered party
shall have 20 days from receipt of the notice within which to deliver to the
commissioner a written request for a hearing.� After the hearing and upon
finding that a violation has occurred, the commissioner may issue a final order
after assessing the amount of the fine specified in the notice.� If no hearing
is requested, the notice shall become a final order after the expiration of the
20-day period.� Payment of the assessment is due when a final order is issued
or the notice becomes a final order.�

���� (3)�� The authority to levy an
administrative order is in addition to all other enforcement provisions in this
act, and the payment of any assessment shall not be deemed to affect the
availability of any other enforcement provisions in connection with the violation
for which the assessment is levied.� The department may compromise any civil
administrative penalty assessed under this section in an amount and with
conditions the department determines appropriate.

���� f.���� A person who violates
any provision of this act, or any rule or regulation adopted pursuant thereto,
or the provisions of a stewardship plan approved thereunder, or an
administrative order issued pursuant to subsection c. of this section, or a
court order issued pursuant to subsection d. of this section, or who fails to
pay a civil administrative penalty in full pursuant to subsection e. of this
section, or who knowingly makes any false or misleading statement on any
application, record, report, or other document required to be submitted to the
department, shall be subject, upon order of a court, to a civil penalty not to
exceed $1,000 per day of the violation, and each day during which the violation
continues shall constitute an additional, separate, and distinct offense.� Any
civil penalty imposed pursuant to this subsection may be collected with costs
in a summary proceeding pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action commenced
by the commissioner.� In addition to any penalties, costs, or interest charges,
the Superior Court, or the municipal court as the case may be, may assess
against the violator the amount of economic benefit accruing to the violator
from the violation.

���� g.��� All penalties collected
by the department pursuant to this act shall be deposited into the �Mattress
Stewardship Fund� established pursuant to section 8 of this act, and
appropriated annually for the continued administration and enforcement of this
act.

���� 11.� a.� Except as provided in
subsection b. of this section, the establishment, administration, setting,
collection, and disbursement of the stewardship assessment by a stewardship
organization shall not be deemed to constitute a violation of any State law
relating to antitrust, restraint of trade, unfair trade practices, or the
regulation of trade or commerce, so long as the action is necessary to plan for
or implement a mattress stewardship program.

���� b.� The provisions of
subsection a. of this section shall not apply to:

���� (1) any agreement establishing
or affecting the price of a mattress unrelated to the mattress stewardship
assessment; or

���� (2) any agreement restricting
the output or production of a mattress or the geographic area or customers to
which a mattress will be sold.

���� 12.� a.� No later than July 1
of the year after a mattress stewardship program is implemented, and annually
thereafter, a stewardship organization shall prepare and submit a written
report to the department evaluating the implementation of the mattress stewardship
program.� Each annual report shall include, the following information:

���� (1) the total sales of
mattresses sold to consumers in the State in the previous calendar year by
producers, renovators, and retailers registered with the stewardship
organization;

���� (2) the mattress stewardship
program�s total costs and revenues for the previous calendar year;

���� (3) information on the amount
and tonnage of discarded mattresses collected pursuant to the mattress
stewardship program for recycling during the previous calendar year;

���� (4) the weight of mattress
materials recycled and the final disposition of mattress materials, by weight
and by material, sold as commodities in secondary markets;

���� (5) the weight of program
mattress materials sent for disposal at each of the following:

���� (a) waste-to-energy
facilities;

���� (b) landfills; and

���� (c) any other facilities;

���� (6) an evaluation of why the
mattress materials sent for disposal were not recycled and a description of
program efforts to increase the recycling rate of mattress materials under the
mattress stewardship program;

���� (7) the strategies that the
stewardship organization will take to address discarded mattresses that are not
program mattresses and discarded mattresses that are illegally dumped;

���� (8) a summary of the public
education offered in the previous calendar year that supports the mattress
stewardship program and examples of public education materials;

���� (9) an evaluation of the
effectiveness of methods and processes used to achieve the approved program
plan goals of the mattress stewardship program, information on progress made
toward achieving the goals, an explanation of why any goals were not met during
the previous calendar year, if applicable, and any options for improving
progress toward meeting the goals in the future, if applicable;

���� (10) a report by an
independent certified public accountant, retained by the stewardship
organization at the stewardship organization�s expense, providing the
accountant�s audit of the stewardship organization�s financial statements;

���� (11) a report on the outcome
of the financial review of any entities the stewardship organization contracts
with;

���� (12) recommendations for
changes to the mattress stewardship program; and

���� (13) an updated operating
budget for the mattress stewardship program for the upcoming calendar year.

���� b.� Within 90 days of
receiving an annual report submitted to the department pursuant to subsection
a. of this section, the department shall:

���� (1) review the report;

���� (2) publish the report on the
department�s Internet website; and

���� (3) prepare, and publish on
the department�s Internet website, a summary report describing the progress
that is being made under the mattress stewardship program.

���� c.� The department shall not
disclose any financial, production, or sales data reported by a producer,
renovator, or retailer pursuant to this section, except that the department may
disclose such data in aggregate or summary format, so long as the producers,
renovators, and retailers and their financial, production, or sales data are
not specifically identified, and so long as the summary omits any reference to
unique characteristics from which the identities of individual producers might
be inferred or otherwise ascertained.

���� d.� Within 90 days of
receiving the initial annual report submitted on behalf of the stewardship
organization pursuant to subsection a. of this section, the department shall
establish an annual fee to be paid by the stewardship organization that is
reasonably calculated to cover the actual costs of the department to
administer, implement, and enforce the provisions of this act.

���� e.� Except as provided in
subsection d. of this section, for the first year that the mattress stewardship
program is implemented, the department shall provide notice to a stewardship
organization no later than April 1 of each year of the annual fee for the
upcoming calendar year.

���� f.� Annual fees collected
pursuant to subsections d. and e. of this section shall be deposited in the �Mattress
Stewardship Fund� established pursuant to section 8 of this act.

���� 13.� The department shall
adopt, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations as are necessary to effectuate the
purposes of this act.

���� 14.� This act shall take
effect immediately.