Vermont S 217: An act relating to human trafficking and prostitution

Bill Text

BILL AS INTRODUCED S.217
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VT LEG #385484 v.1
S.217 1
Introduced by Senator Watson 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; extended producer liability; 5
mattresses 6
Statement of purpose of bill as introduced: This bill proposes to establish an 7
extended producer responsibility program for the collection of discarded 8
mattresses. The bill would require mattress producers, individually or 9
collectively through a mattress stewardship organization, to create, implement, 10
and administer a mattress stewardship collection plan for the collection and 11
disposition of discarded mattresses in Vermont. 12
An act relating to establishing an extended producer responsibility program 13
for the collection of discarded mattresses 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 10 V.S.A. chapter 164C is added to read: 16
CHAPTER 164C. MATTRESS COLLECTION PROGRAM 17
§ 7201. DEFINITIONS 18

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VT LEG #385484 v.1
As used in this chapter: 1
(1) “Brand” means a name, symbol, word, or mark that attributes a 2
mattress to the producer of the mattress. 3
(2) “Consumer” means any person who presents or intends to present a 4
discarded mattress to a collection site operating an approved mattress 5
collection plan. 6
(3) “Discarded mattress” means any mattress that a consumer discarded, 7
intends to discard, or abandoned. 8
(4) “Energy recovery” means the process of burning or processing solid 9
waste materials to utilize the heat or other forms of energy within solid waste 10
materials. 11
(5)(A) “Foundation” means any ticking-covered structure that is used to 12
support a mattress and that is composed of one or more of the following: 13
(i) a constructed frame; 14
(ii) foam; or 15
(iii) a box spring. 16
(B) “Foundation” does not include any bed frame. 17
(6)(A) “Mattress” means any resilient material or combination of 18
materials that is enclosed by a ticking, that is used alone or in combination 19
with other products, and that is intended for or promoted for sleeping upon. 20

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“Mattress” includes any foundation, renovated foundation, or renovated 1
mattress. 2
(B) “Mattress” does not include: 3
(i) an unattached mattress pad or an unattached mattress topper, 4
including any item with resilient filling, with or without ticking, that is 5
intended to be used with or on top of a mattress; 6
(ii) a sleeping bag or pillow; 7
(iii) a car bed; 8
(iv) juvenile products, including a carriage, basket, dressing table, 9
stroller, playpen, infant carrier, lounge pad, crib bumper, and any pad for such 10
juvenile product; 11
(v) a product that contains liquid- or gaseous-filled ticking, 12
including any waterbed or air mattress that does not contain upholstery 13
material between the ticking and the mattress core; or 14
(vi) any upholstered furniture that does not otherwise contain a 15
detachable mattress, including a foldout sofa bed or a futon. 16
(7) “Mattress core” means the principal support system that is present in 17
a mattress, including springs, foam, air bladder, water bladder, or resilient 18
filling. 19
(8) “Mattress stewardship collection plan,” “mattress collection plan,” 20
or “collection plan” means the systems, methods, or mechanisms developed by 21

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producers or mattress stewardship organizations that pursue the goals of this 1
chapter. 2
(9) “Mattress stewardship organization” or “stewardship organization” 3
means the legal entity such as an organization, association, or other entity that 4
has developed a system, method, or other mechanism that assumes the 5
responsibilities, obligations, and liabilities under this chapter of multiple 6
producers of mattresses. 7
(10) “Performance goal” means a metric to annually measure the 8
performance of the mattress stewardship collection plan on how it is achieving 9
continuous, meaningful improvement to the rate of mattress collection and 10
recycling in the State and any other specified goal of the program. 11
(11) “Producer” means a person: 12
(A) who manufactures or renovates a mattress that is sold or offered 13
for sale in or into this State under the producer’s own name or brand; 14
(B) who owns a trademark or brand under which a mattress is sold or 15
offered for sale in or into this State, whether or not such trademark or brand is 16
registered in this State; 17
(C) who imports a mattress into the United States that is sold or 18
offered for sale in or into this State and that is manufactured or renovated by a 19
person who does not have a presence in the United States; 20

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(D) who manufactures or renovates a mattress for sale in or into the 1
State without affixing a brand name; or 2
(E) who assumes the responsibilities, obligations, and liabilities o