Senate approves mattress producer-responsibility bill after hours-long debate

Albany — The New York State Senate on Monday passed Senate Print 1463, a bill that would require mattress producers selling products in New York to participate in an approved producer responsibility program to collect and recycle discarded mattresses.

Senator Kavanaugh, sponsor of the bill, told colleagues that the measure is modeled on extended producer responsibility programs in other states and would be administered by the New York State Department of Environmental Conservation. “If you want to sell mattresses in New York, that you're part of an approved program approved by DEC,” Kavanaugh said on the floor, describing requirements for producer plans and a DEC-maintained list of participating producers.

Supporters said the bill aims to reduce the burden on local governments and divert bulky waste from landfills. Kavanaugh noted that established EPR programs elsewhere have achieved high collection and recycling rates, and argued New York should require producers to ensure convenient collection options statewide.

Opponents focused on cost and implementation. Senator Walzick, who explained his negative vote on the floor, said the legislation lacks a clear mechanism for funding infrastructure and warned of effects on affordability and manufacturers: “At a time when we are talking about affordability for New Yorkers, we shouldn't be creating new bureaucratic boondoggles,” Walzick said. Several senators argued for a point-of-sale fee similar to existing programs in California, Connecticut, Oregon and Rhode Island that attach a per-mattress assessment to fund collection; the sponsor and others defended leaving cost allocation to producers and industry-run organizations rather than legislating a fixed consumer fee.

Key provisions in the bill include a requirement that producers or producer responsibility organizations (PROs) submit plans to DEC demonstrating convenience of collection; a convenience target that, by the bill's language, aims for collection sites within specified distances so that roughly 70% of the state's residents have a return location within 15 miles; a requirement that each county have at least one designated return site; and creation of a 12-member advisory board to guide implementation. The bill prohibits sale in New York of mattresses from producers that are not covered by an approved plan.

During floor debate senators raised practical enforcement questions including online and cross‑border sales, and whether retailers such as Amazon could legally ship nonparticipating mattresses into the state. Kavanaugh said DEC would list participating producers and that selling a mattress in New York that is not part of an approved program would violate the law; DEC would handle enforcement actions.

Industry groups and product stewardship organizations were cited repeatedly in debate. Senators mentioned the Mattress Recycling Council, IKEA, Tempur-Pedic and Sealy, and the New York Product Stewardship Council; the transcript records discussion of correspondence both supporting and opposing aspects of the bill, including a draft letter from the Product Stewardship Council that urged consideration of a retailer-collected program fee.

The bill passed the Senate by voice and roll-call combination; the clerk announced Ayes 38, Nays 22. Following the vote, Kavanaugh said he would vote in the affirmative, calling the measure “a great step forward” on solid-waste management.

The law directs DEC to review and approve producer plans, to maintain a list of participating producers, and to set time frames and reporting requirements. Implementation will depend on the plans submitted by producers and on DEC oversight; supporters said the industry generally can organize a statewide program, while critics said the state should adopt a defined fee structure to fund collection infrastructure.

The measure takes effect immediately as written when enacted into law. The Senate record shows the bill was restored to the noncontroversial calendar during the session and then passed on the final roll call.