SB 639 - This act creates provisions relating to a post-consumer paint recycling program.

Under the act, producers of architectural paint sold in the state may establish or join a representative organization, as defined in the act. The duties under the act shall be met by the representative organization on behalf of all its member producers. Any producer who is not a member of a representative organization shall meet the duties under the act separately.

A representative organization or a producer of architectural paint sold at retail in the state that is not a member of such representative organization shall develop and submit to the Director of the Department of Natural Resources for the Director's approval a plan for the establishment of a post-consumer paint collection program. The structure of such program includes the projected number and geographic distribution of collection sites, charges related to the operation of the program, independent financial auditor requirements, and other specifics described in the act.

The Department shall enforce the producer's or the representative organization's compliance with the plan for the paint collection program and may, by regulation or by using existing regulations, establish enforcement procedures and penalties.

No later than the implementation date of such program, information regarding the approved plan, the names of participating producers, and the brands of architectural paint covered by the program shall be posted on the Department's website and on the website of the representative organization.

The plan required under the act shall be submitted to the Department no later than twelve months after the effective date under the act. The Department may, for good cause shown, grant an extension of the deadline for such submission. Under the act, only the producers or a representative organization are required to establish such plan, not the Department.

The Department shall establish an administrative fee to be paid by each producer or representative organization for such plan as described in the act. Such fee shall reimburse the Department for implementing the provisions under the act.

Upon implementation of the program under the act, each producer shall include in the price of any architectural paint sold to retailers and distributors in the state a paint assessment fee in the approved plan as described in the act.

After the paint collection program is implemented, no producer or retailer shall sell or offer for sale architectural paint to any person in this state unless the producer of a paint brand or a representative organization is implementing or participating in such program as required under the act.

A retailer shall be deemed to be in compliance with this act if, on the date the architectural paint was offered for sale, the producer is listed on the Department's website as implementing or participating in the program or if the paint brand is listed on the Department's website as being included in the program. A paint collection site authorized under the act shall not charge any additional amount for the disposal of paint when the paint is offered for disposal.

A producer or a representative organization that organizes the collection, transport, and processing of post-consumer paint under the act shall not be liable for anticompetitive activity as described in the act arising from conduct undertaken in accordance with the program under the act.

Before March 31st of each year, the producers or representative organizations shall submit an annual report for the previous year to the Director that details the program under the act. The requirements of such report are described in the act. The producers or the representative organization shall implement the program under the act on January 1, 2025, or six months after the approval of the plan under the act, whichever later occurs.

Generators of household waste, as defined in the act, and conditionally exempt small quantity generators may transport or send architectural paints to a paint collection site to the extent permitted by a paint collection program approved by the Director. Paint collection sites may collect and temporarily store architectural paints generated by entities specified in the act in accordance with the requirements of the program in lieu of any otherwise applicable requirements of state laws or regulations.

Nothing in the act shall be construed to restrict the collection of architectural paint by a program where such collection is authorized by any other state laws or regulations. Nothing in the act shall be construed to affect any requirements applicable to facilities that treat, dispose, or recycle architectural paint under any other state laws or regulations.

This act is identical to HB 880 (2023).


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