Bill
HB 8498
Rhode Island establishes a producer-funded, statewide mattress stewardship program to collect, recycle, and reuse discarded mattresses, with a council administering fees and compli
HB 8498 (Rhode Island, 2026 Session)
Title: AN ACT RELATING TO HEALTH AND SAFETY -- RESPONSIBLE RECYCLING, REUSE AND DISPOSAL OF MATTRESSES
Summary purpose
- Repeals the existing mattress stewardship framework established under Chapter 23-90 and replaces it with a new framework (note: the bill text shown indicates repeal of the current chapter and then sets forth a replacement structure within the same bill). The act aims to establish a statewide system for the collection, recycling, and reuse of discarded mattresses, with producer responsibility and a council to administer the program.
Key provisions and changes
- Repeal of current statute: Section 1 provides for repealing the existing Chapter 23-90 in its entirety.
- New Chapter 23-90: The bill reconstitutes a comprehensive mattress stewardship regime with the following core elements:
- Purpose (23-90-1) and Findings (23-90-2): Establish a statewide system for collection, recycling, and reuse; promote infrastructure; minimize municipal costs; and eliminate waste from mattress disposal.
- Definitions (23-90-3): Establishes terms including producer, council, mattress stewardship fee, covered entity, recycling, renovator, retailer, and other terms essential to program design.
- Mattress Stewardship Council (23-90-4):
- By July 1, 2015, producers join a council to develop a statewide stewardship program.
- Council responsibilities include minimizing public sector involvement, ensuring statewide collection, financing recycling/disposal, providing storage at transfer stations, establishing a uniform stewardship fee, and providing monetary incentives for recovery.
- Council is a nonprofit with cost-recovery through fees, maintaining financial reserves, and record-keeping for at least 3 years.
- Recycling prioritized when feasible and economical.
- Council-corporation agreement to reimburse reasonable administrative costs (up to two full-time employees).
- Mattress Stewardship Plan (23-90-5):
- Council must submit a stewardship plan by July 1, 2015 for approval.
- Plan must identify producer participation, fee structure, initial performance goals, recycling facilities, public education, fee-disclosure language for retailers, and implementation procedures.
- Corporation director reviews plan within 90 days with public posting and 30-day comment period.
- Denial triggers a multi-step revision process with deadlines; council can resubmit up to two times; plan approval must occur within 120 days of initial submission.
- Council must notify of substantial changes; updated performance goals due by Oct 1, 2017.
- Ongoing changes to program require no resubmission if within parameters; changes such as leadership or contact info can be notified.
- Uniform mattress stewardship fee proposed every two years (initially July 1, 2015, then every two years) with independent auditor review to ensure costs align with program needs; if deemed reasonable, fee goes into effect after a 90-day period; if not reasonable, auditor’s opinion informs next steps.
- Retailers must add the stewardship fee to mattress purchase prices and remit to the council; producers must be members of the council to sell in the state post-implementation.
- Transitional protection: entities with preexisting recycling programs may continue if they demonstrate to the director that facilities recycle mattresses and are approved.
- Reporting and Oversight (23-90-6 to 23-90-7, 23-90-11):
- Rhode Island Resource Recovery Corporation (RIRRC) reviews/approves plans; maintains an informational state website with collection opportunities and producer participation.
- Biennial reporting to the General Assembly on collection, recycling, facilities, and program effectiveness; annual reporting by October 1 detailing weights collected, recycled, disposal, education efforts, and recommended changes.
- The corporation lists participating producers and the approved stewardship fee on its site.
- Regulations and Immunity (23-90-7 to 23-90-8):
- Corporation may issue regulations under the Administrative Procedures Act.
- Immunity from certain antitrust claims for producers and the council when acting under the statute.
- Violations and Penalties (23-90-9):
- Civil penalties up to $1,000 per violation, and up to $5,000 for subsequent violations.
- Collaboration (23-90-10):
- Council may collaborate with other states implementing mattress programs to share resources, within the chapter’s requirements.
- Timeline and Effect (23-90-11; Section 2):
- The act states it takes effect upon passage.
- A report evaluating the mattress stewardship program is due within three years of plan approval.
Who is affected
- Producers of mattresses that are sold or distributed in Rhode Island.
- Retailers and distributors selling mattresses in the state.
- Covered entities (state subdivisions, retailers, transfer stations, healthcare/educational facilities, correctional facilities, military bases, lodging establishments) that possess discarded mattresses in Rhode Island.
- The Rhode Island Resource Recovery Corporation (RIRRC) administers and oversees the program, in collaboration with the Mattress Stewardship Council (a nonprofit formed by producers or producer associations).
- Municipalities and transfer stations that handle discarded mattresses (with storage and collection arrangements tied to program operation).
- General public consumers, who will pay a uniform mattress stewardship fee embedded in mattress prices.
Procedural and timeline aspects
- Implementation date: The act indicates it takes effect upon passage.
- Plan submission and approval: Initial plan submission by July 1, 2015, with a 90-day approval window by the corporation director; public posting and a 30-day comment period required.
- Fee process: Uniform stewardship fee proposed every two years, with auditor review; fee becomes effective after a 90-day period if deemed reasonable.
- Reporting: Annual reporting by October 1; a separate biennial report to the General Assembly on the program’s operation.
- Audits: An optional audit of the program two years after implementation when requested by the director.
- Preexisting programs: If a covered entity had a program in place at the time of enactment, it may continue if approved by the corporation director.
Notes
- The bill’s text indicates a repeal of the existing framework and re-establishment of a revised framework, but the date references within the text (e.g., 2015, 2017) appear outdated relative to the 2026 session; this may reflect a templated or transitional provision, and the sponsor commentary should be consulted for current applicability and transitional rules.
Compiled from official sources — confirm details with the bill’s official record.
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