§ 23-90-5. Mattress stewardship plan.
(a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress
stewardship plan for the establishment of a mattress stewardship program to the corporation
director for approval.
(b) The plan submitted pursuant to subsection (a) of this section shall, to the extent
it is technologically feasible and economically practical:
(1) Identify each producer's participation in the program;
(2) Describe the fee structure for the program and propose a uniform stewardship fee that
is sufficient to cover the costs of operating and administering the program;
(3) Establish performance goals for the first two (2) years of the program;
(4) Identify proposed recycling facilities to be used by the program, such facilities
shall not require a solid waste management facilities license;
(5) Detail how the program will promote the recycling of discarded mattresses;
(6) Include a description of the public education program;
(7) Describe fee-disclosure language that retailers will be required to prominently display
that will inform consumers of the amount and purpose of the fee; and
(8) Identify the methods and procedures to facilitate implementation of the mattress stewardship
program in coordination with the corporation director and municipalities.
(c) Not later than ninety (90) days after submission of the plan pursuant to this section,
the corporation shall make a determination whether to:
(1) Approve the plan as submitted; or
(2) Deny the plan.
(d) The corporation director shall approve the plan for the establishment of the mattress
stewardship program, provided such plan reasonably meets the requirements of this
section. Prior to making such determination, the corporation director shall post the
plan for at least thirty (30) days, in accordance with the "Administrative Procedures
Act� as set forth in chapter 35 of title 42, on the corporation's website and solicit public comments on the plan to be posted
on the website.
(e) In the event that the corporation director denies the plan, the corporation director
shall provide a notice of determination to the council, within sixty (60) days, detailing
the reasons for the disapproval. The council shall revise and resubmit the plan to
the corporation director not later than forty-five (45) days after receipt of notice
of the corporation director's denial notice. Not later than forty-five (45) days after
receipt of the revised plan, the corporation director shall review and approve or
deny the revised plan. The council may resubmit a revised plan to the corporation
director for approval on not more than two (2) occasions. If the council fails to
submit a plan that is acceptable to the corporation director, because it does not
meet the criteria pursuant to subdivisions (b)(1-8), the corporation director shall
have the ability to modify the submitted plan and approve it. Not later than one hundred
twenty (120) days after the approval of a plan pursuant to this section, the council
shall implement the mattress stewardship program.
(f) It is the responsibility of the council to:
(1) Notify the corporation director whenever there is a proposed substantial change to
the program. If the corporation director takes no action on a proposed substantial
change within ninety (90) days after notification of the proposed change, the proposed
change shall be deemed approved. For the purposes of this subdivision, "substantial
change� shall include, but not be limited to:
(i) A change in the processing facilities to be used for discarded mattresses collected
pursuant to the program; or
(ii) A material change to the system for collecting mattresses.
(2) Not later than October 1, 2017, the council shall submit to the corporation director
for review, updated performance goals that are based on the experience of the program
during the first two (2) years of the program.
(g) The council shall notify the corporation director of any other changes to the program
on an ongoing basis, whenever they occur, without resubmission of the plan to the
corporation director for approval. Such changes shall include, but not be limited
to, a change in the composition, officers, or contact information of the council.
(h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose
a uniform fee for all mattresses sold in this state. The council may propose a change
to the uniform fee more frequently than once every two (2) years if the council determines
such change is needed to avoid funding shortfalls or excesses. Any proposed fee shall
be reviewed by an independent auditor to ensure that such assessment does not exceed
the costs of the mattress stewardship program described in subsection (b) of this
section and to maintain financial reserves sufficient to operate the program over
a multi-year period in a fiscally prudent and responsible manner. Not later than sixty
(60) days after the council proposes a mattress stewardship fee, the auditor shall
render an opinion to the corporation director as to whether the proposed mattress
stewardship fee is reasonable to achieve the goals set forth in this section. If the
auditor concludes that the mattress stewardship fee is reasonable, then the proposed
fee shall go into effect not less than ninety (90) days after the auditor notifies
the corporation director that the fee is reasonable. If the auditor concludes that
the mattress stewardship fee is not reasonable, the auditor shall provide the council
with written notice explaining the auditor's opinion. Specific documents or information
provided to the auditor by the council, along with any associated internal documents
or information held by the council, shall be made available to the corporation for
its review upon request but shall not be made public if the documents and information
contain trade secrets or commercial or financial information of a privileged or confidential
nature, pursuant to chapter 2 of title 38 ("access to public records�). Not later than fourteen (14) days after the council's
receipt of the auditor's opinion, the council may either propose a new mattress stewardship
fee, or provide written comments on the auditor's opinion. If the auditor concludes
that the fee is not reasonable, the corporation director shall decide, based on the
auditor's opinion and any comments provided by the council, whether to approve the
proposed mattress stewardship fee. Such auditor shall be selected by the council.
The cost of any work performed by such auditor pursuant to the provisions of this
subsection and subsection (i) of this section shall be funded by the council.
(i)(1) On and after the implementation of the mattress stewardship program, each retailer
shall add the amount of the fee established pursuant to subsection (b) of this section
and described in subsection (h) of this section to the purchase price of all mattresses
sold in this state. The fee shall be remitted by the retailer to the council. The
council may, subject to the corporation director's approval, establish an alternative,
practicable means of collecting or remitting such fee.
(2) On and after the implementation date of the mattress stewardship program, no producer,
distributor, or retailer shall sell or offer for sale a mattress to any person in
the state if the producer is not a member of the council.
(3) No retailer or distributor shall be found to be in violation of the provisions of
this section, if, on the date the mattress was ordered from the producer or its agent,
the producer of said mattress was listed on the corporation's website in accordance
with the provisions of this chapter.
(j) Not later than October 1, 2016, and annually thereafter, the council shall submit
an annual report to the corporation director. The corporation director shall post
such annual report on the corporation's website. Such report shall include, but not
be limited to:
(1) The weight of mattresses collected pursuant to the program from:
(i) Municipal and/or transfer stations;
(ii) Retailers; and
(iii) All other covered entities;
(2) The weight of mattresses diverted for recycling;
(3) Identification of the mattress recycling facilities to which mattresses were delivered
for recycling;
(4) The weight of discarded mattresses recycled, as indicated by the weight of each of
the commodities sold to secondary markets;
(5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:
(i) Rhode Island resource recovery corporation; and
(ii) Any other facilities;
(6) Samples of public education materials and methods used to support the program;
(7) A description of efforts undertaken and evaluation of the methods used to disseminate
such materials;
(8) Updated performance goals and an evaluation of the effectiveness of the methods and
processes used to achieve performance goals of the program; and
(9) Recommendations for any changes to the program.
(k) Two (2) years after the implementation of the program and upon the request of the
corporation director, but not more frequently than once a year, the council shall
cause an audit of the program to be conducted by the auditor described in subsection
(h) of this section. Such audit shall review the accuracy of the council's data concerning
the program and provide any other information requested by the corporation director.
Such audit shall be paid for by the council. The council shall maintain all records
relating to the program for not less than three (3) years.
(l) No covered entity that participates in the program shall charge for receipt of mattresses
generated in the state. Covered entities may charge a fee for providing the service
of collecting mattresses and may restrict the acceptance of mattresses by number,
source, or physical condition.
(m) Covered entities that, upon the date of this act's passage, have an existing program
for recycling discarded mattresses may continue to operate such program without coordination
of the council, so long as the entities are able to demonstrate, in writing, to the
corporation director that the facilities to which discarded mattresses are delivered
are engaged in the business of recycling said mattresses and the corporation director
approves the written affirmation that the facility engages in mattress recycling of
mattresses received by the covered entity. A copy of the written affirmation and the
corporation's approval shall be provided to the council by the corporation director
in a timely manner.