ASSEMBLY CONSUMER AFFAIRS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1651

STATE OF NEW JERSEY

DATED: FEBRUARY 12, 2026

      The Assembly Consumer Affairs Committee reports favorably Assembly Bill No. 1651.

      As reported by the committee, this bill requires every producer of mattresses sold in the State to join a stewardship organization in order to implement a mattress stewardship program.  The purpose of a mattress stewardship program is to provide for the environmentally sound management of discarded mattresses in the State.

      The bill requires a stewardship organization to prepare and submit a plan to the Department of Environmental Protection for the development and implementation of a mattress stewardship program.  The bill also establishes a process for proposed amendments to the plan and requires a stewardship organization to provide notice to the department prior to implementing certain changes to an approved plan.

      The bill requires each retailer or renovator that sells or offers for sale mattresses in this State to register with a stewardship organization and comply with the bill’s provisions.  Beginning one year after the bill’s effective date, a producer, renovator, or retailer is prohibited from selling or offering for sale any mattress in the State unless the producer, renovator, or retailer is registered with a stewardship organization.

      Under a mattress stewardship program, a retailer is required to: (1) purchase a mattress only from a producer or renovator that is registered with a stewardship organization; (2) collect the mattress stewardship assessment and remit the stewardship assessment to the stewardship organization, unless the retailer or renovator elects to cover the costs of the stewardship assessment; and (3) provide to consumers information on collection opportunities for discarded mattresses.  The bill allows a retailer or renovator to elect to directly pay the applicable charge of the stewardship assessment to the stewardship organization on behalf of the consumer or ultimate end user of the mattress if the retailer or renovator enters into a written agreement with the stewardship organization to remit the applicable charge of the stewardship assessment to the stewardship organization on behalf of the consumer.

      The department also is required to publish a list on its Internet website of all producers, renovators, and retailers that are in compliance with the bill’s provisions and update the list to remove producers, renovators, or retailers that are found to not be in compliance.

      The bill also provides that when the department determines that any producer, renovator, or retailer is in violation of the bill’s provisions, the department may assess a civil administrative penalty not to exceed $1,000 for each violation and a civil penalty not to exceed $1,000 for each violation, and each day of violation constitutes an additional, separate, and distinct violation.

      Finally, the bill requires, no later than July 1 of the year a mattress stewardship program is implemented, and annually thereafter, a stewardship organization to prepare and submit a written report to the department evaluating the implementation of the mattress stewardship program.  Within 90 days of receiving the initial annual report, the department is required to establish an annual fee to be paid by the stewardship organization that is reasonably calculated to cover the actual costs of the department to administer, implement, and enforce the bill’s provisions.  For future years, the department is required to provide notice to a stewardship organization, no later than April 1 of each year, of the annual fee for the upcoming calendar year.

      All penalties and annual fees collected by the department are required to be deposited in the “Mattress Stewardship Fund,” established by the bill.

      This bill was prefiled for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.