Paint sellers would follow stewardship plans and assessments

Paint manufacturers selling products at retail in New Hampshire, or their nonprofit representative organizations, would submit a plan to the Department of Environmental Services. The plan would cover architectural paint, aerosol coating products, and other products approved in the plan, but not industrial or original equipment coatings. The plan would list participating manufacturers and brands, covered products, management methods, public education, collection sites, and the per-container assessment. The department would approve a complete plan or give written reasons for denying it. Retailers and manufacturers could not sell covered paint unless the manufacturer or representative organization was implementing an approved plan. The assessment would be included in the purchase price, and approved collection sites could not charge an additional collection fee. The plan would be due within 12 months after this subdivision took effect, and implementation would begin within 6 months after department approval, unless the department grants an extension for good cause.

Retailers, political subdivisions, and other approved operators could accept unwanted paint at collection sites and would manage it under environmentally sound practices. The rules would cover postconsumer paint from households and small businesses, including paint received at authorized collection sites. Retailers and political subdivisions could volunteer to become collection sites by agreeing in writing to follow plan requirements. Collection sites would manage hazardous paint received under the program as universal waste under department rules. Good-faith operators using environmentally sound practices would not face penalties for certain acceptance, storage, spills, leaks, or discharges that happen despite those practices. Other legal requirements for facilities that treat, dispose of, or recycle paint would still apply. These collection and handling rules would apply after the program is implemented under an approved plan.

Manufacturers and stewardship organizations would report annually and collectively reimburse the department for reasonable program-administration costs. The duties would apply to manufacturers and representative or stewardship organizations that implement or participate in an approved paint program. Reports would describe the program under the approved plan. Reported financial, production, and sales data would not be open to public inspection, although the commissioner could release summaries that do not identify those details. Administrative payments would cover department costs related to implementation, including reasonable rulemaking and startup costs. The bill provides no direct state appropriation for these costs; the fiscal note expects payment through administrative fees. The first report would be due 120 days after the first year of implementation and no later than 18 months after plan approval; later reports would be due within 120 days after each calendar year.