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S1463A

An act to amend the Environmental Conservation Law (mattress extended producer responsibility) — 2026-04-21 · Calendar #644

The New York State Senate passed legislation establishing an Extended Producer Responsibility program for used mattresses, with the mattress industry bearing recycling costs rather than consumers paying a point-of-purchase fee. The bill, S1463A, passed 39-23 on a largely party-line vote, with Sen. Kavanagh defending the industry-funded approach as more efficient and consistent with New York's existing EPR programs for electronics, carpets, and e-mobility batteries. Sen. Borrello led Republican opposition, arguing the state should follow Connecticut, California, Rhode Island, and Oregon in charging consumers a fixed fee of approximately $20 per mattress, contending this approach would be simpler to enforce and would protect New York mattress manufacturers from bearing costs of recycling imported mattresses. Kavanagh countered that private industry can minimize costs more effectively than government-mandated fees and noted that Connecticut's program achieves 90 percent collection rates. He also argued that enforcement of out-of-state producers has not been problematic under New York's existing electronics recycling program, which has operated for two decades. Borrello expressed concern that the industry-funded model would disadvantage American-made, high-quality mattresses by allowing cheap imported alternatives to avoid the recycling cost burden. The bill was restored to the noncontroversial calendar before the final vote.
Passed Senate Ayes: 39 · Nays: 23

Debate Summary

The debate centered on whether New York should adopt an Extended Producer Responsibility (EPR) program for used mattresses funded through industry cost internalization or a consumer fee. Sen. Borrello argued the state should follow the model of Connecticut, California, Rhode Island, and Oregon, which charge consumers a fixed fee (approximately $20) at point of purchase, contending this approach is simpler to enforce and protects New York manufacturers from bearing costs of recycling imported mattresses. Sen. Kavanagh countered that industry-funded EPR is more efficient and consistent with New York's other EPR programs for electronics, carpets, and e-mobility batteries, arguing that private industry can minimize costs better than government-mandated fees and that enforcement of out-of-state producers has not been problematic under existing EPR programs.

Transcript Mentions

These votes were extracted from the floor transcript by AI. NYS Senate roll calls are read in full, but AI extraction may not capture every senator — so this list is incomplete and skews toward named dissenting votes. Use the Official API Data table above for the complete roll call.

Senator Vote Party
Kavanagh aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Chan nay Republican
Cooney nay Democrat
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martinez nay Democrat
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Scarcella-Spanton nay Democrat
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican