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 of the representative organization shall be on behalf of all its member producers. Any producer who is not a member of a representative organization shall have 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. Additional paint products may be proposed in a subsequent program plan in consultation with the Department. The structure of the program includes reduction of post-consumer paint, promotion of reusing and recycling of post-consumer paint, and other specifics described in the act. Requirements of the plan, including costs, transportation and recycling, an independent financial auditor, enforcement, and other specifics are described in the act.

The Department shall establish an administrative fee to be paid by each producer or representative organization submitting the plan under the act. The Department shall set the administrative fee amount when paid by every producer or representative organization that submits the plan as described in the act. The act creates the Paint Stewardship Subaccount within the Solid Waste Management Fund. All administrative fees received under the act shall be deposited into the subaccount. The administrative fees collected under this provision shall be dedicated, upon appropriation, to the Department for the administration of the provisions of the act. Moneys and interest earned on moneys in the subaccount shall not revert to the General Revenue Fund at the end of each biennium.

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.

Retailers may incorporate the paint assessment fee into the price of architectural products 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 arising from conduct undertaken in accordance with the program.

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. The requirements of such report are described in the act.

The producers or the representative organization shall implement the program on January 1, 2028, or six months after the approval of the plan, whichever occurs later.

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.

The act is similar to SB 239 (2025), HB 2152 (2024), HCS/HB 1216 (2025), SCS/SB 936 (2024), SB 639 (2023) and HB 880 (2023). JULIA SHEVELEVA