wa-law.org > bill > 2025-26 > HB 1901 > Original Bill
The legislature finds that:
While mattresses are generally made of recyclable materials, the majority of mattresses are landfilled. There are few options for mattress recycling in Washington.
Mattresses are bulky products that are difficult to handle, on average weighing 55 pounds and taking up about one cubic yard of landfill space, they float to the surface of landfills and are challenging to manage at transfer stations. They are illegally dumped along our roadways and in remote locations.
There are economic benefits to increasing mattress recycling. Most mattress recyclers use manual labor to dismantle a mattress, which involves cutting it open, separating the components, and bailing them to then be recycled by other commodity recyclers into useful products elsewhere. Increasing the number of mattresses recycled will increase recycling jobs and reduce the environmental and economic costs of landfilling and illegal dumping.
There are environmental benefits to increasing mattress recycling, which captures useful materials such as metal, foam, wood, and cotton for recycling, and reduces climate emissions associated with production of new materials and avoids their placement in landfills. Mattress recycling also avoids damage to solid waste equipment.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Department" means the department of ecology.
"Environmentally sound management practices" means practices that: (a) Comply with all applicable laws and rules to protect workers, public health, and the environment; (b) provide for adequate recordkeeping, tracking, and documenting of the fate of materials within the state and beyond; and (c) include comprehensive liability coverage for the producer responsibility organization, including environmental liability coverage that is commercially practicable.
"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.
"Government entity" means any:
County, city, town, or other local government, including any municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency;
State office, department, division, bureau, board, commission, or other state agency;
Federally recognized Indian tribe whose traditional lands and territories include parts of Washington; or
Federal office, department, division, bureau, board, commission, or other federal agency.
"Introduce" means to sell, offer for sale, or distribute within or into this state.
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"Mattress" means:
A resilient material or combination of materials that is enclosed by ticking, is used alone or in combination with other products, and is intended or promoted for sleeping upon;
A mattress topper;
A foundation; or
The mattress component of a mattress-containing furniture piece, such as a sofa bed, where the mattress is easily separable from the rest of the furniture piece without specialized tools.
"Mattress" does not include:
A sleeping bag;
A pillow;
A waterbed, air mattress, or other product that contains liquid or gas-filled ticking and that does not contain upholstery material between the ticking and the mattress core; or
A mattress-containing furniture piece, such as a sofa bed, where the mattress component is:
(A) Not easily separable from the rest of the furniture piece without specialized tools; or
(B) No longer included in the furniture piece.
"Mattress management hierarchy" means a management system of mattresses prioritized in descending order as follows:
Waste prevention and reduction;
Reuse, when reuse is appropriate;
Recycling, as defined in this chapter; and
Other means of end-of-life management, which may only be utilized after demonstrating to the department that it is not feasible to manage the mattresses under the higher priority options in (a) through (c) of this subsection.
"Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, or commercial entity.
"Plan" means a description of the approach and activities developed by a producer responsibility organization to fulfill the requirements and to carry out the responsibilities of producers under this chapter.
"Producer" means the following person for a mattress introduced into this state:
If the mattress is sold under the brand of the mattress manufacturer, the producer is the person that manufactures the mattress;
If the mattress is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner;
If there is no person to which (a) or (b) of this subsection applies, the producer is the person that is the licensee of a brand or trademark under which the mattress is introduced, whether or not the trademark is registered in this state;
If there is no person described in (a) through (c) of this subsection within the United States, the producer is the person who is the importer of record for the mattress into the United States for use in a commercial enterprise that introduces the mattress in this state;
If there is no person described in (a) through (d) of this subsection with a commercial presence within the state, the producer is the person who first introduces the mattress into this state.
"Producer responsibility organization" means:
A nonprofit organization that qualifies for a tax exemption under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code and is designated by a producer or group of producers to fulfill the requirements of this chapter;
A producer that registers with the department as a producer responsibility organization; or
An organization as defined by the department by rule.
"Program" means a program implemented by a producer responsibility organization consistent with an approved producer responsibility plan under this chapter.
"Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than:
Combustion;
Incineration;
Energy generation;
Fuel production; or
Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.
"Retailer" means a person who sells mattresses in or into this state or offers or otherwise makes available mattresses to a customer, including other businesses, for use by the customer in this state.
"Service provider" means an entity that serves as a collection site for mattresses or a processor of mattresses. A government entity that provides, contracts for, or otherwise arranges for another party to provide services within its jurisdiction may be a service provider regardless of whether it provided, contracted for, or otherwise arranged for similar services before the approval of the applicable plan.
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"Ticking" means the outermost layer of fabric, or related material, of a mattress.
"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.
A producer of a mattress introduced for use in this state shall implement a producer responsibility program through participation in and appropriate funding of a producer responsibility organization to develop and carry out implementation of an approved producer responsibility plan.
By January 1, 2026, each producer must appoint a producer responsibility organization under which it will participate.
By July 1, 2026, and annually thereafter, each producer must be listed as a member in good standing in a registration submitted to the department by a producer responsibility organization approved to operate under this chapter.
Beginning January 1, 2030, a producer that is not a member in good standing with a registered producer responsibility organization and producer responsibility plan may not introduce mattresses covered by this chapter for use in this state.
Participation in a producer responsibility organization does not waive or transfer any requirement or duty of a producer established by this chapter.
By March 1, 2026, and annually thereafter, a producer responsibility organization must register with the department on behalf of its producers. A registration submission by a producer responsibility organization must include the following:
Contact information for a person responsible for implementing an approved plan;
A list of all member producers that have entered into written agreements to operate under an approved plan by the producer responsibility organization, copies of the written agreements for each member producer, and a list of all brands of each producer's mattresses introduced;
A plan for recruiting additional member producers and executing written agreements confirming producers will operate under an approved plan administered by the producer responsibility organization;
A list of current board members and the executive director if different than the person responsible for implementing approved plans; and
Documentation demonstrating adequate financial responsibility and financial controls to ensure proper management of funds and payment of the annual registration fee to the department.
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Except as provided in (b) of this subsection, by May 1, 2027, and each May 1st thereafter, a producer responsibility organization must submit the annual registration fee established in section 12 of this act to fund all costs of the department to implement, administer, and enforce this chapter.
By September 1, 2026, a producer responsibility organization must submit a one-time payment to the department in an amount determined by the department to cover the costs of the department under this chapter from the effective date of this section through June 30, 2027.
By July 1, 2028, or within six months of the adoption of rules under section 12 of this act, whichever comes later, each registered producer responsibility organization must submit a plan that meets the requirements of this chapter to the department for approval. A producer responsibility organization may submit a plan at any time to the department for review and approval, but must submit a plan no less than every five years.
By January 1, 2030, or within one year of plan approval, whichever is later, implement the plan approved by the department.
By June 1, 2030, and each June 1st thereafter, submit an annual report to the department for the prior calendar year.
A producer responsibility organization registered with the department must:
Ensure that each producer operating under a plan administered by the producer responsibility organization complies with the requirements of the plan and this chapter;
Expel a producer from the producer responsibility organization if efforts to return the producer to compliance with the plan or the requirements of this chapter are unsuccessful and notify the department of the producer's expulsion;
Consider and respond in writing to comments received from the advisory council, including justifications for not incorporating advisory council recommendations;
Notify the department within 30 days of a change made to the contact information for a person responsible for implementing the plan, to board membership, or to the executive director;
Reimburse service providers in a timely manner;
Maintain a website and implement education and outreach activities as required under section 11 of this act; and
Comply with all other applicable requirements of this chapter.
Beginning July 1, 2029, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a mattress for use in this state unless the producer of the mattress certifies to the retailer that the producer participates in a producer responsibility organization whose plan has been approved by the department.
Retailers of mattresses are not required to make retail locations available to serve as collection sites for a stewardship program operated by a producer responsibility organization. Retailers that serve as a collection site must comply with the requirements for collection sites, consistent with section 9 of this act.
A retailer selling or offering mattresses for use in this state must provide information to customers regarding available reuse and end-of-life management options offered through the producer responsibility program.
Retailers, producers, or producer responsibility organizations may not charge a specific point-of-sale fee to consumers to cover the administrative or operational costs of the producer responsibility organization or the producer responsibility program.
A plan submitted by a producer responsibility organization under this act must:
Describe the producer responsibility organization structure and governance and each producer and mattress brand covered in the plan;
Propose performance goals, consistent with section 7 of this act;
Describe how the producer responsibility organization will make retailers aware of their obligation to sell only mattresses of producers participating in an approved plan;
Describe the education and communication strategy being implemented to effectively promote participation in the approved producer responsibility program and provide the information necessary for effective participation of consumers, businesses, government entities, retailers, and others;
Describe how the producer responsibility organization will make available to retailers, for voluntary use, in-store signage, written materials, and other promotional materials that retailers may use to inform customers of the available reuse and end-of-life management options for mattresses offered through the producer responsibility program;
List promotional activities to be undertaken, and the identification of consumer awareness goals and strategies that the program will employ to achieve these goals after the program begins to be implemented;
Describe the method to establish and administer a means for fully funding the program in a manner that equitably distributes the program's costs among the producers that are part of the producer responsibility organization and includes plans and funding for infrastructure and market development. For producers that elect to meet the requirements of this chapter individually, the plan must describe the proposed method to establish and administer a means for fully funding the program. For a producer responsibility organization implementing a plan on behalf of multiple producers, describe the financing methods used to implement the plan, consistent with section 8 of this act, including how producer fees and fee modulation will incorporate design for reuse, recycling, and resource conservation as objectives;
Describe how the producer responsibility organization will pay for activities undertaken by collection sites associated with implementation of the program, and include a template service agreement and any other forms, contracts, or other documents for use in distribution of reimbursements;
Describe the criteria to be used in the program to determine whether an entity may serve as a collection site for mattresses under the program;
Identify:
Proposed brokers, transporters, processors, and facilities to be used by the program for the reuse, recycling, or final disposition of mattresses; and
How collected mattresses will be managed:
(A) In a manner consistent with the mattress management hierarchy, including how each proposed facility used for the final disposition of mattresses will reuse, recycle, or otherwise manage mattresses; and
(B) At facilities operating in compliance with all applicable local, state, and federal laws and regulations. For any materials from collected mattresses that are managed outside of the United States, identify how the program will ensure that facilities operate in accordance with human health, labor, and environmental protection standards that are broadly equivalent to or better than those required in the United States;
l. Detail how the program will achieve its target recycling rates, consistent with the requirements of section 7 of this act and calculated consistent with section 11 of this act, including by conducting research, as needed, related to improving used mattress collection, dismantling, and recycling operations, including pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise limited basis;
m. Describe how the public education and outreach components of the program under section 10 of this act will be implemented and how public awareness goals will be met;
n. Describe how any disputes with residents, businesses, government entities, collectors, processors, and producers will be managed and resolved;
o. Propose actions to be taken to make the mattress collection and reuse and recycling system more efficient, such as providing incentives for collection, reducing illegal dumping through campaigns and labeling, and additional collection opportunities; and
p. A summary of consultations held with the advisory council and other interested parties to provide input to the plan, a list of recommendations that were incorporated into the plan as a result, and a list of rejected recommendations and the reasons for rejection.
If required by the department, a producer responsibility organization must submit a new plan to the department for approval:
If there are significant changes to the methods of collection, transport, or end-of-life management of mattresses under section 8 of this act that are not provided for in the plan. The department may, by rule, identify the types of significant changes that require a new plan to be submitted to the department for approval. For purposes of this subsection, adding or removing a processor or transporter under the plan is not considered a significant change that requires a plan resubmittal; and
No less than every five years.
As part of a producer responsibility plan, a producer responsibility organization must submit to the department a contingency plan.
The contingency plan must demonstrate how the activities in the plan will continue to be carried out by some other entity, such as an escrow company, if needed:
Until such time as a new or updated plan is submitted and approved by the department;
Upon the expiration of an approved plan;
If the producer responsibility organization notifies the department that it will cease to implement an approved plan; or
In any other event that the producer responsibility organization can no longer carry out plan implementation;
The requirements of (a) of this subsection do not require a producer responsibility organization to hold funds in a dedicated account until such time as the contingency plan must be implemented;
The department must follow the same process and timelines for reviewing and approving the contingency plan as it follows for the plan. The department may require a producer responsibility organization to revise the contingency plan coincident with any plan submittal.
If required by the department, a producer responsibility organization must provide plan amendments to the department for approval:
When proposing changes to the performance goals under section 7 of this act based on the up-to-date experience of the program;
When there is a change to the method of financing plan implementation under section 8 of this act. This does not include changes to the fees or fee structure established in the plan; or
When adding or removing a processor or transporter.
No earlier than five years after the initial approval of a plan, the department may require a producer responsibility organization to submit a revised plan, which may include improvements to the collection site network or increased expenditures dedicated to education and outreach if the approved plan has not met the performance goals under section 7 of this act.
Each producer responsibility plan must include performance goals that measure, on an annual basis, the achievements of the program. Performance goals must take into consideration technical feasibility and economic practicality in achieving continuous, meaningful progress in improving:
The rate of mattress collection for recycling in Washington;
The reuse and renovation rate of the program;
The recycling rate of the program; and
Public awareness of the program.
The performance goals established in each producer responsibility plan must include, but are not limited to:
Target annual collection rates based, at minimum, on the estimated total weight of mattresses that have been sold in the state in the previous three calendar years by the producers participating in the producer responsibility plan;
Target recycling rates of at least 70 percent; and
Goals for public awareness of the program established in section 10 of this act, including subgoals applicable to public awareness of the program in vulnerable populations and overburdened communities identified by the department under chapter 70A.02 RCW.
Producers shall fund the full costs of meeting the requirements established by this chapter.
Each producer responsibility organization must ensure adequate funding is available to fully implement approved producer responsibility plans, including the implementation of aspects of the plan addressing:
Mattress collection, transporting, and processing, including disposal of nonrecyclable mattresses;
Education and outreach;
Program evaluation; and
Payment of the administrative fees to the department as required under section 12 of this act.
A nonreimbursable point-of-sale fee may not be charged to consumers to recoup the costs of meeting producer obligations under this chapter.
A producer responsibility organization implementing a producer responsibility plan on behalf of producers must develop, and continually improve over the years of program implementation, a system to collect charges from participating producers to cover the costs of plan implementation in an environmentally sound and socially just manner that encourages the use of design attributes that reduce the environmental impacts of mattresses, such as through the use of eco-modulated fees. Examples of fee structures that meet the requirements of this subsection include using eco-modulated fees to:
Encourage designs intended to facilitate reuse and recycling;
Encourage the use of recycled content;
Discourage the use of problematic materials that increase system costs of managing mattresses;
Encourage other design attributes that reduce the environmental impacts of mattresses; and
Encourage the responsible management of mattresses in accordance with this chapter and discourage the illegal dumping of mattresses.
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Each producer responsibility organization is responsible for all costs of participating mattress collection, transportation, processing, education, administration, agency reimbursement, delivery to a reuse operator, recycling, and end-of-life management in accordance with the mattress management hierarchy and environmentally sound management practices.
Each producer responsibility organization must meet the collection goals as specified in section 7 of this act.
A producer responsibility organization is not authorized to reduce or cease collection, education and outreach, or other activities implemented under an approved plan based on achievement of program performance goals.
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A producer responsibility organization must reimburse government entities for demonstrable costs, as defined by rules adopted by the department, incurred as a result of a government entity's facility or solid waste handling facility serving as a collection site for a program including, but not limited to, associated labor costs and other costs associated with accessibility and collection site standards such as storage.
Except as to the costs of containers and other materials and services requirements addressed by a government entity or local government facility exercising the authority granted by section 9(4) of this act, a producer responsibility organization shall at a minimum provide collection sites with appropriate containers for mattresses subject to its program, signage, safety guidance, and educational materials, at no cost to the collection sites.
A producer responsibility organization must include in its producer responsibility plan a template of the service agreement and any other forms, contracts, or other documents for use in distribution of reimbursements. The service agreement template must be developed with government entity input. The entities seeking or receiving reimbursement from the producer responsibility organization are not required to use the template agreement included in the program plan and are not limited to the terms of the template agreement included in the program plan.
Producer responsibility organizations implementing a producer responsibility program must provide for the collection of all mattresses, including all types and brands of mattresses, on a free, continuous, convenient, visible, and accessible basis to any person, business, government agency, or nonprofit organization. Each producer responsibility program plan must:
Allow any person, business, government agency, or nonprofit organization to discard each type and brand of mattress at each collection site that counts towards the satisfaction of the collection site criteria in subsection (3) of this section;
Incentivize the responsible management of mattresses in accordance with this chapter and discourage the illegal dumping of mattresses; and
Provide a collection mechanism for capturing mattresses illegally dumped.
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For each collection site utilized by the program, each producer responsibility organization must provide suitable collection containers for mattresses that are segregated from other solid waste or make mutually agreeable alternative arrangements for the collection of mattresses at the site. The location of collection containers at each collection site used by the program must be accompanied by signage made available to the collection site by the producer responsibility organization that informs customers regarding the end-of-life management options for mattresses provided by the collection site under this chapter. Each collection site must adhere to the operations manual and other safety information provided to the collection site by the producer responsibility organization.
Each producer responsibility organization must provide for collection of nonrecyclable mattresses in each county of the state, either through collection sites or collection events.
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Each producer responsibility organization implementing a producer responsibility program plan shall ensure statewide collection opportunities for all mattresses. Producer responsibility organizations shall coordinate activities with other program operators, including mattress collection and recycle programs, with regard to the proper management or recycling of collected mattresses, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense. Statewide collection opportunities must be determined by geographic information modeling that considers permanent collection sites.
Each producer responsibility program shall provide:
At least one permanent collection site within a 15 mile radius for at least 95 percent of Washington residents;
The establishment of collection sites that are accessible and convenient to overburdened communities identified by the department under chapter 70A.02 RCW, in an amount that is roughly proportional to the number and population of overburdened communities identified by the department under chapter 70A.02 RCW relative to the population or size of the state as a whole;
At least one permanent collection site in addition to those required in (b)(i) of this subsection for every 30,000 residents of each urban area in this state. For the purposes of compliance with this subsection (3)(b)(iii), a producer responsibility organization and the department may rely upon new or updated designations of urban locations by the United States census bureau that are determined by the department to be similar to the state definition of urban areas under chapter 70A.555 RCW;
Collection opportunities at special locations where mattresses are often spent and replaced, such as college campuses; and
Service to areas without a permanent collection site, including service to island and geographically isolated communities without a permanent collection site.
Producer responsibility programs may use curbside collection services in lieu of permanent collection sites as required under (b)(iii) of this subsection and to meet the requirements of (b)(iv) and (v) of this subsection provided that no fee is charged for curbside collection services.
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Producer responsibility programs must use existing public and private waste collection services and facilities, including mattress collection sites that are established through other mattress collection services, transporters, consolidators, processors, and retailers, where cost-effective, mutually agreeable, and otherwise practicable.
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Producer responsibility programs must use as a collection site for mattresses any retailer, wholesaler, municipality, solid waste management facility, or other entity that meets the criteria for collection sites in the approved plan, upon the submission of a request by the entity to the producer responsibility organization to serve as a collection site.
Producer responsibility programs must use as a site for a collection event for mattresses any retailer, wholesaler, municipality, solid waste management facility, or other entity that meets the criteria for collection events in the approved plan, upon the submission of a request by the entity to the producer responsibility organization to serve as a site for a collection event. A signed agreement between a producer responsibility organization and the entity requesting to hold a collection event must be established at least 60 days prior to any collection of mattresses under a stewardship program. All costs associated with collection events initiated by an entity other than a producer responsibility organization are the sole responsibility of the entity unless otherwise agreed upon by a producer responsibility organization. A collection event under this subsection (4)(b)(ii) must allow any person to discard each type and brand of covered mattress at the collection event.
Each producer responsibility organization must carry out promotional activities in support of plan implementation including, but not limited to, the development:
And maintenance of a website;
And distribution of periodic press releases and articles;
And placement of advertisements for use on social media or other relevant media platforms;
Of promotional materials about the program and the restriction on the disposal of mattresses to be used by retailers, government agencies, and nonprofit organizations;
And implementation of outreach and educational resources targeted to overburdened communities and vulnerable populations identified by the department under chapter 70A.02 RCW that are conceptually, linguistically, and culturally accurate for the communities served and reach the state's diverse ethnic populations, including through meaningful consultation with communities that bear disproportionately higher levels of adverse environmental and social justice impacts.
Each producer responsibility organization must provide consumer-focused educational promotional materials to each collection site used by the program and retailers that sell mattresses, and make them directly accessible to customers on the organization's own website.
Each producer responsibility organization must provide outreach and educational resources to service providers for the management of mattresses prior to the implementation of the program.
Upon request by a retailer, the producer responsibility organization must provide the retailer educational materials describing collection opportunities for mattresses.
If multiple producer responsibility organizations are implementing plans approved by the department, the producer responsibility organizations must coordinate in carrying out their education and outreach responsibilities under this section and must include in their annual reports to the department under section 11 of this act a summary of their coordinated education and outreach efforts.
During the fourth year of program implementation and every five years thereafter, each producer responsibility organization must carry out a survey of public awareness regarding the requirements of the program established under this chapter. Each producer responsibility organization must share the results of the public awareness surveys with the department.
By June 1, 2030, and each June 1st thereafter, each producer responsibility organization must submit an annual report to the department covering the preceding calendar year of producer responsibility plan implementation. The report must include the following elements, based on information provided by each participating producer:
An independent financial assessment of a program implemented by the producer responsibility organization, including a breakdown of the program's expenses, such as collection, reuse, recycling, education, and overhead, when required by the department;
A summary financial statement documenting the financing of a producer responsibility organization's program and an analysis of program costs and expenditures, including an analysis of the program's expenses, such as collection, transportation, reuse, recycling, education, and administrative overhead, and activities and investments undertaken related to infrastructure and market development. The summary financial statement must be sufficiently detailed to provide transparency that funds collected from producers as a result of their activities in this state are spent on program implementation in this state. Producer responsibility organizations implementing similar producer responsibility programs in multiple states may submit a financial statement including all covered states, as long as the statement breaks out financial information pertinent to this state;
The estimated aggregate sales, by unit, weight, and type, of mattresses sold in this state by participating producers for each of the previous three calendar years;
The unit and weight, by type, of mattresses collected under the program and the collection rate achieved under the program, including a description of how this collection rate was calculated;
The number of mattresses managed relative to the state's mattress management hierarchy, including weight of materials recycled from mattresses collected under the program, in total, and by method of mattress recycling;
A calculation of the recycling rates, as measured consistent with subsection (2) of this section;
For each facility used for the reuse, recycling, or final disposition of mattresses, a description of how the facility reused, recycled or otherwise disposed of mattresses and mattress components, including a discussion of best available technologies and the recycling rate;
The weight and type of mattresses sent to each facility used for reuse, recycling, or the final disposition of mattresses. The information in this subsection (1)(h) may be approximated for program operations in this state based on extrapolations of national or regional data for programs in operation in multiple states;
A description of education and outreach efforts supporting plan implementation including, but not limited to, a:
Summary of education and outreach provided to consumers, including to diverse populations and through culturally and linguistically appropriate materials, collection sites, government entities, manufacturers, distributors, and retailers by the producer responsibility organization for the purpose of promoting the collection and reuse or recycling of mattresses;
Description of how the education and outreach met the requirements of section 10 of this act and samples of education and outreach materials;
Summary of coordinated education and outreach efforts with any other producer responsibility organization implementing a plan approved by the department; and
Summary of any changes made during the previous calendar year to education and outreach activities;
A list of all collection sites, including accompanying latitude and longitude data and an address for each listed site, and an up-to-date map indicating the location of all collection sites used to implement the program with links to appropriate websites where there are existing websites associated with a site;
A description of methods and services used to collect, transport, and reuse and recycle mattresses by the producer responsibility organization, including population coverage and accessibility in accordance with section 9 of this act;
A summary on progress made towards the program performance goals established under section 7 of this act, and an explanation of why any performance goals were not met; and
An evaluation of the effectiveness of education and outreach activities and customer service efforts.
The weight of mattresses or recovered resources from those mattresses must only be counted once and may not be counted by more than one producer responsibility organization.
In addition to the requirements of subsection (1) of this section, with respect to each facility used in the processing or disposition of mattresses collected under the program, the producer responsibility organization must report:
Whether the facility is located domestically, in an organization for economic cooperation and development country, or in a country that meets organization for economic cooperation and development operating standards; and
What facilities processed the mattresses, including a summary of any violations of environmental or labor laws and regulations over the previous three years at each facility.
If a producer responsibility organization has disposed of mattresses through energy recovery, incineration, or landfilling during the preceding calendar year of program implementation, the annual report must specify the steps that the producer responsibility organization will take to make the reuse or recycling of mattresses cost-effective, where possible, or to otherwise increase mattress recycling rates achieved by the producer responsibility organization.
Each producer must submit all information and records necessary for the producer responsibility organization to meet the reporting requirements of this section.
A producer or producer responsibility organization that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director of the department, or the appropriate division of the department. The director of the department must consider the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.
The department must adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
The department must:
By March 31, 2026, determine the one-time payment to the department to cover the costs of the department under this chapter from the effective date of this section through June 30, 2027;
By March 31, 2027, and each March 31st thereafter:
Determine the total registration annual fee to be paid by each producer responsibility organization that is adequate to cover, but not exceed, the costs to implement, administer, and enforce this chapter in the next fiscal year; and
Adjust the fee to account for funds received during the previous year by:
(A) Applying any remaining annual fee payment funds from the current year to the annual fee for the coming fiscal year if the collected annual fee exceeds the costs for a given year; and
(B) Increasing annual fees for the coming fiscal year to cover the costs if the collected annual fee was less than the amount required to cover costs for a given year;
c. By January 1, 2028, adopt rules to equitably determine annual registration fees for producer responsibility organizations if the department has approved the registration of more than one producer responsibility organization; and
d. Send notice to each producer responsibility organization of fee amounts due.
The responsibilities of the department in implementing, administering, and enforcing this chapter include, but are not limited to:
By January 1, 2026, appointing the initial membership of the advisory council, and providing administrative and operating support to the advisory council, as required under section 15 of this act;
By March 1, 2026, accepting the registration of producer responsibility organizations;
Reviewing submitted producer responsibility plans and plan amendments and making determinations as to whether to approve the plan or plan amendment:
The department must provide a letter of approval for the plan or plan amendment if it provides for the establishment of a producer responsibility program that meets the requirements of sections 3 through 9 of this act;
If a plan or plan amendment is rejected, the department must provide the reasons for rejecting the plan to the producer responsibility organization. The producer responsibility organization must submit a new plan within 60 days after receipt of the letter of disapproval; and
When a plan or an amendment to an approved plan is submitted under this section, the department shall make the proposed plan or amendment available for public review and comment for at least 30 days;
Reviewing annual reports submitted under section 11 of this act within 90 days of submission to ensure compliance with that section;
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Maintaining a website that lists producers and their brands that are participating in an approved plan, and that makes available to the public each plan, plan amendment, and annual report received by the department under this chapter;
Upon the date the first plan is approved, the department must post on its website a list of producers and their brands for which the department has approved a plan. The department must update the list of producers and brands participating under an approved program plan based on information provided to the department from producer responsibility organizations; and
Providing technical assistance to producers and retailers related to the requirements of this chapter and issuing orders or imposing civil penalties authorized under section 13 of this act where the technical assistance efforts do not lead to compliance by a producer or retailer.
Beginning January 1, 2034, and every five years thereafter, after consultation with producer responsibility organizations, the department may by rule increase the minimum recycling rates established in section 7 of this act based on the most economically and technically feasible processes and methodologies available.
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The department may administratively impose a civil penalty on a person who violates this chapter in an amount of up to $1,000 per violation per day.
The department may administratively impose a civil penalty of up to $10,000 per violation per day on a person for repeated violations of this chapter or failure to comply with an order issued under (c) of this subsection.
Whenever on the basis of any information the department determines that a person has violated or is in violation of this chapter, the department may issue an order requiring compliance. A person who fails to take corrective action as specified in a compliance order is liable for a civil penalty as provided in (b) of this subsection, without receiving a written warning prescribed in (e) of this subsection.
A person who is issued an order or incurs a penalty under this section may appeal the order or penalty to the pollution control hearings board established in chapter 43.21B RCW.
Prior to imposing penalties under this section, the department must provide a producer, retailer, or producer responsibility organization with a written warning for the first violation by the producer, retailer, or producer responsibility organization of the requirements of this chapter. The written warning must inform a producer, retailer, or producer responsibility organization that it must participate in an approved plan or otherwise come into compliance with the requirements of this chapter within 30 days of the notice. A producer, retailer, or producer responsibility organization that violates a provision of this chapter after the initial written warning may be assessed a penalty as provided in this subsection.
Penalties levied under subsection (1) of this section must be deposited in the responsible mattress management account created in section 14 of this act.
The responsible mattress management account is created in the custody of the state treasurer. All receipts from fees paid under this chapter must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Moneys in the account may be used solely by the department for administering, implementing, and enforcing the requirements of this chapter. Funds in the account may not be diverted for any purpose or activity other than those specified in this section.
The advisory council on responsible management of mattresses is created.
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The advisory council on responsible management of mattresses consists of not more than 12 members appointed by the department to represent the interests of the following entities:
Government entities representing geographic areas across the state representative of urban and rural communities, including at least one representative of counties and at least one representative of cities;
The solid waste industry, including a representative of tribal or indigenous solid waste services organizations;
Service providers that serve as collectors, transporters, or processors of mattresses;
The environmental community;
A small business not otherwise eligible for representation under this subsection;
Producers, producer trade associations, or producer responsibility organizations;
Retail establishments; and
Consumer rights organizations.
Advisory councilmembers must be appointed by the director of the department by January 1, 2026. In appointing members, the department shall:
Appoint members that, to the greatest extent practicable, represent diversity in race, ethnicity, age, and gender, urban and rural areas, and different regions of the state;
Consider recommendations for appointments from relevant represented groups or associations and from individuals interested in participating on the advisory council.
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The terms of initial appointments must be staggered to two and three-year appointments, with subsequent terms of three years. Members are eligible for reappointment.
If there is a vacancy for any reason, the department shall make an appointment to become effective immediately for the unexpired term.
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The advisory council shall elect one of its members to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the advisory council determines. The chairperson and vice chairperson may not both be members appointed under the same subsection of subsection (2)(a)(i) through (viii) of this section.
The advisory council may adopt bylaws and a charter for the operation of its business for the purposes of this chapter.
The advisory council shall meet at least once every three months for the first three years, at times and places specified by the chairperson. The advisory council may also meet at other times and places, including virtually, specified by the call of the chairperson or of a majority of the councilmembers, as necessary, to carry out the duties of the advisory council.
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The department shall provide staff support and facilitation as necessary for the advisory council to carry out its duties.
The department may select an impartial, third-party facilitator to convene and provide administrative support to the advisory council.
The duties of the advisory council include the following:
Advise and make recommendations to any registered producer responsibility organization during review of stakeholder consultation on plans prior to submission as required under section 6 of this act;
Review and comment on all new and updated plans submitted by a producer responsibility organization to the department, including making recommendations to the department on plan approvals, as part of the public comment period as established under section 12 of this act;
Advise and make recommendations to any registered producer responsibility organization on annual reports prior to submission as established in section 11 of this act;
Review and comment on all annual reports submitted by producer responsibility organizations to the department, including making recommendations to the department regarding the need for any plan amendments or other recommendations regarding program activities;
Provide input, review, and comment on rules proposed by the department under this chapter.
Advisory councilmembers that are representatives of tribes or tribal and indigenous services organizations or community-based and environmental nonprofit organizations must, if requested, be compensated and reimbursed in accordance with RCW 43.03.050, 43.03.060, and 43.03.220.
The department must include costs related to the advisory council in the estimate of annual costs as established in section 12 of this act, including costs for:
Department resources, including staff time;
A third-party facilitator, including related costs; and
Expenses related to member participation.
Nothing in this section limits the authority of the department to approve plans or reports or carry out other duties as assigned under this chapter.
Producers or producer responsibility organizations acting on behalf of producers that prepare, submit, and implement a producer responsibility program plan pursuant to this chapter and who are thereby subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for the limited purpose of planning, reporting, and operating a producer responsibility program, including the:
Creation, implementation, or management of a producer responsibility organization and any producer responsibility plan regardless of whether it is submitted, denied, or approved;
Determination of the cost and structure of a producer responsibility plan; and
Types or quantities of mattresses being recycled or otherwise managed pursuant to this chapter.
Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.
This chapter does not apply to the receipts of a producer responsibility organization formed under chapter 70A.--- RCW (the new chapter created in section 19 of this act) from charges to participating producers under a producer responsibility program as provided in section 8 of this act.
This section is not subject to the requirements of RCW 82.32.805 and 82.32.808 and is not subject to an expiration date.
The definitions in section 2 of this act apply throughout this section unless the context clearly requires otherwise.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, 70A.505.110, 70A.555.110, 70A.560.020, 70A.565.030, section 13 of this act, 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.