Section 459A.174 - Annual report; budget; additional reports; performance audit; fees(1) A stewardship organization that implements a mattress stewardship program pursuant to a plan approved by the Department of Environmental Quality under ORS 459A.165 shall, no later than July 1 of each year, submit for review and approval to the department: (a) The annual report provided for under subsection (2) of this section for the preceding calendar year;(b) An updated budget for the upcoming calendar year that follows the budget requirements provided for in ORS 459A.159; and(c) The annual fee required under subsection (3) of this section.(2) The annual report submitted by a stewardship organization shall include, at a minimum, with respect to mattresses collected in this state: (a) The mattress stewardship program's costs and revenues for the previous calendar year;(b) Information on the number and tonnage of discarded mattresses collected pursuant to the mattress stewardship program during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;(c) Information on the number and tonnage of program mattresses collected pursuant to the mattress stewardship program for recycling during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;(d) Information on the number and tonnage of program mattresses collected pursuant to the mattress stewardship program for renovation during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;(e) The weight of mattress materials recycled and the final disposition of mattress materials, by weight and by material, sold as commodities in secondary markets;(f) The weight of mattress materials sent for disposal at each of the following:(A) Waste-to-energy facilities;(C) Any other facilities;(g) An evaluation of why the mattress materials sent for disposal were not recycled and a description of efforts that will be taken to increase the recycling rate of mattress materials under the mattress stewardship program;(h) The number of discarded mattresses received through collection that were not program mattresses, the number of discarded mattresses that were illegally dumped as reported to the department, an analysis of how the data required by this paragraph has changed over time and strategies the stewardship organization will take to address discarded mattresses that are not program mattresses and discarded mattresses that are illegally dumped;(i) The total sales of mattresses sold to consumers in this state in the previous calendar year by producers, renovators and retailers registered with the stewardship organization;(j) A summary of the public education offered in the previous calendar year that supports the mattress stewardship program and examples of public education materials;(k) An evaluation of the effectiveness of methods and processes used to achieve the goals of the mattress stewardship program, information on progress made toward achieving the goals, an explanation of why any goals were not met during the previous calendar year and any efforts that will be taken to improve progress toward meeting the goals in the future, if applicable; (l) A report by an independent certified public accountant, retained by the stewardship organization at the stewardship organization's expense, on the accountant's audit of the stewardship organization's financial statements;(m) A report on the outcome of audits of entities the stewardship organization contracts with, as provided in ORS 459A.159 (1)(e)(B) and (C); and(n) Recommendations for any changes to the mattress stewardship program, including the potential utility of a ban on disposal of mattresses and information relevant to compliance with the plan.(3) The department shall establish an annual fee to be paid by the stewardship organization that is reasonably calculated to cover the costs to the department to administer, implement and enforce ORS 459A.150 to 459A.189. The department shall provide notice to a stewardship organization no later than April 1 of each year of the annual fee for the upcoming calendar year. Fees collected by the department under this section shall be deposited in the State Treasury to the credit of the Mattress Stewardship Fund established under ORS 459A.183.(4) In addition to meeting the requirements of subsection (1) of this section, a stewardship organization shall: (a) Conduct during the third year of implementing a mattress stewardship program, and in consultation with community organizations, a study evaluating the most effective methods of providing discarded mattress collection services to low-income individuals and multifamily housing structures.(b) Include in the annual report required for the third year of implementing a mattress stewardship program under a plan or initial plan approved under ORS 459A.165: (A) A report to the department on the scope of discarded mattresses in this state that are not being collected as part of the stewardship organization's mattress stewardship program and recommendations on how to direct the discarded mattresses to, and include them, in the stewardship organization's program; and(B) A life cycle assessment report of mattresses sold in this state.(5)(a) The department may require a stewardship organization to have a performance audit of the mattress stewardship program conducted and to include a report on the performance audit in the next required annual report. A performance audit required under this subsection must conform to audit standards established by nationally recognized entities including, but not limited to, the United States Government Accountability Office and the National Association of State Auditors, Comptrollers and Treasurers.(b) Except as provided in paragraph (c) of this subsection, the department may require a performance audit to be conducted under paragraph (a) of this subsection no more than once every five years. The department may not first request a performance audit to be conducted until the third year that a stewardship organization has implemented a mattress stewardship program.(c) The department may require a performance audit to be conducted under paragraph (a) of this subsection less than five years after the last time that a performance audit was conducted, if the department determines that the performance audit is warranted based on information contained in a plan amendment submitted to the department under ORS 459A.168.(6) The department may not disclose any confidential proprietary information obtained by the department under this section or ORS 459A.159, 459A.162, 459A.165 or 459A.168.Added by 2022 Ch. 102, § 9