What's happening
This bill establishes a statewide paint stewardship program, requiring paint producers to manage collection and recycling of unused paint.
Why it matters
Shifts Responsibility to Producers. By making paint manufacturers (and their representative organizations) responsible for managing the collection, recycling, and disposal of leftover paint, the bill internalizes waste management costs within the industry, rather than relying on taxpayers or local governments.
Consumer Impact and Transparency. A visible “paint stewardship assessment” fee will be added to the price of paint, so consumers will directly fund the program at the point of purchase. This helps ensure the program is sustainably financed and makes the cost of recycling and responsible disposal transparent.
Environmental and Community Benefits. The program is designed to maximize recycling and environmentally sound disposal, reducing the likelihood that leftover paint will be improperly dumped or burned. By requiring convenient, statewide collection sites, it also makes it easier for individuals and businesses to responsibly dispose of unused paint.
Oversight, Accountability, and Reporting. Regular independent audits, annual public reports, and state oversight help ensure the program operates efficiently, with clear targets for collection and recycling. The law also protects participating businesses from certain legal liabilities (e.g., antitrust concerns), encouraging broad participation.
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Who cares
Headline styles
Create Paint Recycling Program
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Create Paint Recycling Program
In Assembly Committee · Environmental Conservation · Sponsor Albert A. Stirpe
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3541
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
Introduced by Sens. KENNEDY, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to establishing the paint stewardship program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 27 of the environmental conservation law is amended by adding a new title 20 to read as follows:
TITLE 20
PAINT STEWARDSHIP PROGRAM Section 27-2001. Definitions.
27-2003. Paint stewardship program.
27-2005. Regulations.
27-2007. Reporting. § 27-2001. Definitions.
When used in this title:
1. "Architectural paint" means interior and exterior architectural coatings sold in containers of five gallons or less. Architectural paint does not include industrial, original equipment or specialty coatings.
2. "Distributor" means a person that has a contractual relationship with one or more producers to market and sell architectural paint to retailers or directly to consumers or end-users in the state.
3. "Environmentally sound management practices" means procedures for the collection, storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by the producer or representative organization or such representative organization's contracted partners to ensure compliance with all applicable federal, state and local laws, regulations and ordinances and the protection of human health and the environment. Environmentally sound management practices include, but are not limited to, record keeping, the tracking and docu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00457-01-9
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menting of the fate of post-consumer paint in and outside of the state, and environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer or representative organization.
4. "Paint stewardship assessment" means the amount added to the purchase price of architectural paint sold in the state that is necessary to cover the cost of collecting, transporting and processing postconsumer paint by the producer or representative organization pursuant to the paint stewardship program.
5. "Paint stewardship program" or "program" means a program for the management of post-consumer paint operated by a producer or representative organization.
6. "Post-consumer paint" means architectural paint that is not used and that is no longer wanted by a purchaser of architectural paint.
7. "Producer" means a manufacturer of architectural paint who sells, offers for sale, distributes or contracts to distribute architectural paint in the state.
8. "Recycling" means the series of activities by which recyclables are collected, sorted, processed and converted into raw materials or used in the production of new products. This term excludes thermal treatment or the use of waste as a fuel substitute or for energy production.
9. "Representative organization" means a nonprofit organization created by producers to implement the paint stewardship program described in section 27-2003 of this title.
10. "Retailer" means any person who offers architectural paint for sale at retail in the state.
11. "Reuse" means the return of a product into the economic stream for use in the same kind of application as the product was originally intended to be used, without a change in the product's identity.
12. "Sell" or "sale" means any transfer for consideration of title or the right to use, from a manufacturer or retailer to a person, including, but not limited to, transactions conducted through retail sales outlets, catalogs, mail, the telephone, the internet, or any electronic means; this does not include samples, donations, and reuse. § 27-2003. Paint stewardship program.
1. On or before March first, two thousand twenty, a producer or a representative organization shall submit a plan for the establishment of a paint stewardship program to the department for approval. The program shall minimize the public sector involvement in the management of postconsumer paint by reducing the generation of post-consumer paint, negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices. The program shall minimize the public sector involvement in the management of postconsumer paint by reducing the generation of post-consumer paint, negotiating agreements to collect, transport, reuse, recycle, and/or combust for energy recovery at an appropriately authorized facility, including permittees, post-consumer paint using environmentally sound management practices.
2. The program shall provide for convenient and available state-wide collection of post-consumer paint that, at a minimum, provides at least one permanent collection site located within a fifteen mile radius of all "incorporated cities" and "census-designated places" in the state; and one additional permanent collection site for every thirty thousand people located in those areas, unless otherwise approved by the department. Where a permanent collection site cannot be located within a
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fifteen mile radius of an incorporated city or census-designated place, the program shall provide for at least one collection event annually. The program shall not charge a fee to the consumer at the time of collection of post-consumer architectural paint.
3. The plan submitted to the department pursuant to this section shall:
(a) identify each producer participating in the paint stewardship program and the brands of architectural paint sold in the state covered by the program;
(b) identify how the producer or representative organization will provide convenient, statewide accessibility to the program;
(c) set forth the process by which an independent auditor will be selected and identify the criteria used by the producer or representative organization in selecting an independent auditor;
(d) identify, in detail, the educational and outreach program that will be implemented to inform consumers and retailers of the program and how to participate;
(e) identify, in detail, the operational plans for interacting with retailers on the proper handling and management of post-consumer paint;
(f) include the proposed, audited paint assessment as identified in this section and the criteria upon which the assessment is based;
(g) include the targeted annual collection rate;
(h) include a description of the intended treatment, storage, transportation and disposal options and methods for the collected post-consumer paint; and
(i) be accompanied by a fee in the amount of five thousand dollars for each producer, or ten thousand dollars for each product stewardship organization to be deposited into the environmental regulatory account as established in section 72-1009 of this chapter, to cover the review of said plan by the department.
4. The commissioner shall approve or reject a plan submitted under this section within ninety days of submission and, if rejected, inform the producer or representative organization in writing as to any deficiencies in said plan. A producer or representative organization shall amend and resubmit any rejected plans for reconsideration within sixty days of notification of the rejection of said plan. The commissioner shall approve or reject said plan within thirty days of resubmission. A plan shall be approved by the commissioner if it meets the required elements under subdivision three of this section.
5. Not later than three months after the date the plan is approved, the representative organization shall implement the paint stewardship program.
6. On or before March first, two thousand twenty, the proposed uniform paint stewardship assessment for all architectural paint sold in the state shall be reviewed by an independent auditor to assure that the assessment is consistent with the budget of the paint stewardship program described in this section and the independent auditor shall recommend an amount for the paint stewardship assessment to the department. The department shall approve the paint stewardship assessment based upon the independent auditor's recommendation. The department shall be responsible for the approval of such paint stewardship assessment based upon the independent auditor's recommendation. If the paint stewardship assessment previously approved by the department pursuant to this section is proposed to be changed, the producer or representative organization shall submit the new, adjusted uniform paint stewardship assessment to an independent auditor for review. After such review has
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been completed, the producer or representative organization shall submit the results of said auditor's review and a proposal to amend the paint stewardship assessment to the department for review. The department shall review and approve, in writing, the adjusted paint stewardship assessment before the new assessment can be implemented. Any proposed changes to the paint stewardship assessment shall be submitted to the department no later than sixty days prior to the date the producer or representative organization anticipates the adjusted assessment to take effect.
7. On and after the date of implementation of the paint stewardship program pursuant to this section, the paint stewardship assessment shall be added to the cost of all architectural paint sold to retailers and distributors in the state by each producer. On and after such implementation date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship assessment to the purchase price of all architectural paint sold in the state.
8. Any retailer may participate, on a voluntary basis, as a paint collection point pursuant to such paint stewardship program and in accordance with any applicable provision of law or regulation.
9. Each producer and the representative organization shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a violation of antitrust law, to the extent such producer or representative organization is exercising authority pursuant to the provisions of this section.
10. Not later than the implementation date of the paint stewardship program, the department shall list the names of participating producers and the brands of architectural paint covered by such paint stewardship program on its website.
11. (a) On and after the implementation date of the paint stewardship program, no producer, distributor or retailer shall sell or offer for sale architectural paint to any person in the state if the producer of such architectural paint is not a member of the representative organization.
(b) No retailer or distributor shall be found to be in violation of the provisions of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer or the subject brand of architectural paint was listed on the department's website in accordance with the provisions of this section.
(c) Notwithstanding any other provision of law, a retailer carrying out duties or responsibilities imposed by this title shall incur no civil liability or penalty of any sort unless it is determined by a court of competent jurisdiction that such retailer has acted in a grossly negligent manner in the transport or storage of paint and/or altering the contents of a returned paint container.
12. Producers or the representative organization shall provide retailers with educational materials regarding the paint stewardship assessment and paint stewardship program to be distributed at the point of sale to the consumer. Such materials shall include, but not be limited to, information regarding available end-of-life management options for architectural paint offered through the paint stewardship program and information that notifies consumers that a charge for the operation of such paint stewardship program is included in the purchase price of all architectural paint sold in the state.
13. On or before October fifteenth, two thousand twenty-one, and annually thereafter, each operator of a program shall submit a report to the commissioner that details the paint stewardship program for the prior
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year's program from July first to June thirtieth. Said report shall include a copy of the independent audit detailed in paragraph (d) of this subdivision. Such annual report shall include:
(a) a detailed description of the methods used to collect, transport and process post-consumer paint in the state including detailing collection methods made available to consumers and an evaluation of the program's collection convenience;
(b) the overall volume of post-consumer paint collected in the state;
(c) the volume and type of post-consumer paint collected in the state by method of disposition, including reuse, recycling and other methods of processing or disposal;
(d) the total cost of implementing the program, as determined by an independent financial audit, as performed by an independent auditor;
(e) an evaluation of the adequacy of the program's funding mechanism;
(f) samples of all educational materials provided to consumers of architectural paint and retailers;
(g) a detailed list of efforts undertaken and an evaluation of the methods used to disseminate such materials including recommendations, if any, for how the educational component of the program can be improved; and
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to establishing the paint stewardship program
Purpose
To establish a convenient and State-wide system for the collection of post-consumer paint, while reducing the role of government and the burden on taxpayers.
Summary of specific provisions
This legislation would create a new Title 20 in the environmental conservation law, the "Paint Stewardship Program." The legislation requires each paint manufacturer or architectural paint who sells, offers for sale, distributes or contracts to distribute architectural paint in New York to form a not-for-profit organization (representative organization) to implement the Paint Stewardship Program.
Read the full memo (712 words)
The representative organization will submit a plan to establish the paint stewardship program to DEC by March 1, 2020 for approval. The program will minimize public sector involvement in the management of post-consumer paint by reducing its generation, and will establish agreements to collect, transport, reuse, recycle, and/or burn for energy recovery post-consumer paint at appropriately licensed facilities using environmentally sound management practices.
The plan shall also provide for post-consumer paint collection sites, with at least one site located within a fifteen mile radius of all incorporated cities and census-designated places in the state, and one additional site for every 30,000 people living in those areas, unless otherwise approved by DEC. No fees may be assessed for collection.
The legislation specifies the details to be included in the plan, including audit, education and outreach to consumers, and how the post- consumer paint will be collected, treated, stored, transported and disposed. Fees of $5,000 per producer and $10,000 for each organization are required when the plan is submitted to cover the costs of DEC review of the plan.
The legislation requires a paint stewardship assessment to be added to the coat of all architectural paint sold to retailers and distributors. The assessment amount must be proposed in the plan, and approved by an independent auditor to be consistent with the plan's budget. The assess- ment will be added after approval by DEC at the time of plan implementa- tion.
Retailers are permitted on a voluntary basis to be paint collection points. Retailers will be provided education materials for use at the point of sale by the representative organization on the program and the assessment, including that the charge for operation of the paint stewardship program is included in the purchase price of the paint.
After the implementation of the paint stewardship program, no producer, distributor or retailer shall sell or offer for sale architectural paint if the producer of the paint is not a member of the representative organization.
The legislation requires a detailed annual report to be filed October 15, 2021, and annually thereafter, containing operational details, volume of post-consumer paint collected, cost of the program, and other details. A fee of $3,000 will accompany each annual report to cover the cost of DEC review.
The legislation requires bi-annual reporting to the Legislature commenc- ing January 15, 2022.
Civil penalties can be imposed for violations of this law.
Justification
The product Stewardship institute estimates that approximately 3.1 million gallons of paint go unused each year in New York. The costs of collecting and managing this paint typically fall on local government. If this responsibility were managed by the paint manufacturers, local governments would save approximately $25 million per year.
In addition to reduced costs on local taxpayers, a Paint Stewardship Program will create convenient recycling opportunities and green sector jobs, and reduce disposal in favor of recycling and result in less waste, as consumers will become smarter and more efficient shoppers for paint.
New York has a unique opportunity to partner with the paint industry to reduce local government costs, increase recycling and reduce waste.
Nationally, states that have implemented comparable programs are showing impressive results. Oregon has collected and recycled over 1,000,000 gallons of paint since its program wan implemented in July 2010. Cali- fornia launched its program in the Fall of 2012 with over 350 new collection locations accepting paint for recycling.
Prior legislative history
S4690A of 2014-15; Referred to Environmental Conservation A6199 of 2015-2016; Referred to Environmental Conservation A1038 of 2017-2018 Referred to Environmental Conservation
Fiscal implications
None. The regulatory costs to DEC will be covered by filing fees.
Effective date
Immediately.
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