Title PRC, California Pub. Res. Code

In preparing the plan pursuant to Section 42987.1 and any updates to the plan pursuant to Section 42987.1.5, the mattress recycling organization shall consult with interested stakeholders, which shall include, but not be limited to, local government representatives, recyclers, an…

(a) The department shall review the plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 90 days of receipt of the plan. If the department fails to act within 90 days of the receipt of the plan, the plan shall be deemed app…

Within 90 days after approval or conditional approval by the department of the plan, the mattress recycling organization shall implement the approved plan. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)

(a) (1) On or before January 1, 2018, based on methodology contained in the plan and information contained in the first annual report, the department, in consultation with the organization, and after taking into consideration relevant economic and practical considerations and oth…

On or before July 1 of each year, the mattress recycling organization shall prepare and submit to the department a proposed used mattress recycling program budget for the following calendar year that includes all of the following: (a) Anticipated revenues and costs of implementin…

(a) Within 90 days of submittal, the department shall conditionally approve, approve, or disapprove a final used mattress recycling program budget. If the department fails to act or does not disapprove a final used mattress recycling program budget, the budget shall be deemed app…

(a) The department shall notify the mattress recycling organization of the department’s costs that are directly related to implementing and enforcing this chapter relating to the mattress recycling organization’s activities. This may include the direct costs associated with regul…

(a) On and after January 1, 2021, the mattress recycling organization shall identify strategies in its annual proposed budget to comply, commencing January 1, 2027, with the reserve requirements specified in this section. (b) Commencing January 1, 2027, the mattress recycling org…

(a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget. (b) (1) The amount of the state mattress recycling charge…

(a) Commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the pu…

(a) The mattress recycling organization may conduct an audit of the following: (1) Those parties that are required to remit the charge to the mattress recycling organization to verify that the charges paid are proper and accurate and to ensure all parties required by this chapter…

(a) Mattresses manufactured by the California Correctional Training and Rehabilitation Authority and purchased by the state or its agencies are exempt from collecting and remitting the mattress recycling charge and from any end-of-life financial incentive established by the mattr…

(a) The mattress recycling organization shall deposit the charges and other moneys collected by the mattress recycling organization pursuant to this chapter in accounts that are maintained and disbursed by the organization. (b) The mattress recycling organization may enter into a…

The mattress recycling organization shall not expend revenue from the mattress recycling charge to pay a civil penalty imposed on the organization pursuant to Section 42993.1. (Added by Stats. 2019, Ch. 673, Sec. 13. (AB 187) Effective January 1, 2020.)

(a) The mattress recycling organization shall keep minutes, books, and records that clearly reflect the activities and transactions of the mattress recycling organization. (b) The accounting books of the mattress recycling organization shall be audited at the organization’s expen…

On or before July 1 of each year, the mattress recycling organization shall submit to the department and the advisory committee and make publicly available on its internet website a report that includes, for the preceding calendar year, all of the following: (a) The mattress recy…

(a) No later than 90 days after the date the department receives the annual report, the department shall notify the mattress recycling organization of any deficiencies in the report. No later than 60 days after receiving this notice from the department, the mattress recycling org…

(a) On or before May 1, 2017, and annually thereafter, a person that is engaged in business as a recycler or renovator shall submit to the department and to the mattress recycling organization a report that includes the following: (1) Quantitative information on the number of mat…

(a) Except as provided in subdivision (d), on and after July 1, 2014, a retailer shall offer a consumer the option to have a used mattress picked up for recovery at the time of delivery, at no additional cost to the consumer, if a new mattress is delivered to the consumer. (b) A …

(a) On or before March 1 of each year, the department shall post on its internet website a list of manufacturers, renovators, and distributors that are in compliance with this chapter. (b) A manufacturer, renovator, or distributor that is not listed on the department’s internet w…

(a) The department may impose an administrative civil penalty on any manufacturer, mattress recycling organization, distributor, recycler, renovator, or retailer that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed five hundred dol…

Upon a written finding that a manufacturer, mattress recycling organization, renovator, distributor, recycler, or retailer has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take any of the foll…

(a) A manufacturer, renovator, distributor, recycler, retailer, and mattress recycling organization shall do both of the following: (1) Upon request, provide the department with reasonable and timely access, as determined by the department and as authorized pursuant to Title 13 (…

(a) (1) The department may adopt emergency regulations to implement this chapter with regard to establishing a process for the submission of the used mattress recovery and recycling plan to the department, and the approval of that plan, pursuant to Section 42987.3 and for the sub…

(a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a mattress recycling organization or its members that relates to any of the following is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 o…

(a) The Legislature finds and declares both of the following: (1) In order to reduce illegal dumping, increase recycling, and substantially reduce public agency costs for the end-of-life management of used mattresses, the Used Mattress Recovery and Recycling Act is hereby establi…

This chapter shall be known, and may be cited, as the Used Mattress Recovery and Recycling Act. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)