An Act To Provide for the Recycling or Proper Disposal of Architectural Paint
Sec. 1. 38 MRSA §1310-B, sub-§2, as amended by PL 2009, c. 579, Pt. A, §1 and c. 610, §1, is repealed and the following enacted in its place:
Sec. 2. 38 MRSA §1776 is enacted to read:
§ 1776. Paint stewardship
(1) Identify each producer participating in the program, the contact information for each producer and the brands covered by each producer;
(2) Describe how the program will collect, transport, reuse, recycle and process post-consumer paint, including recycling, energy recovery and disposal, using environmentally sound management practices, including standards for retailers and other collection sites;
(3) Describe how the program will provide for convenient and available statewide collection of post-consumer paint at no cost to consumers in both urban and rural areas of the State. At a minimum, convenient collection must include, for all brands of architectural paint, a minimum of 2 collection sites in each county and one collection site or alternate collection service for each city or town with a population greater than 10,000 providing collection at least 5 days per week on an ongoing year-round basis. A collection site for a county may be the same as a collection site for a city or town in the county. The producer or stewardship organization shall pay fair compensation for collection costs to collection sites other than retailers. Once the required minimum of collection services is established, a stewardship organization shall accept any additional retailer that volunteers to serve as a post-consumer paint collection site, so long as that retailer agrees to meet approved standards and abide by comparable terms for other retailers participating in the program;
(4) Provide the facility name, location and hours of operation of all facilities accepting paint for recycling under the program;
(5) Establish goals to reduce the generation of post-consumer paint, to promote the reuse of post-consumer paint and for the proper management of post-consumer paint, and describe the methodology used to measure program performance in achieving the goals. At a minimum, the goals must include that 80% of consumers are aware of the collection opportunities for recycling post-consumer paint within 5 years of the start of the program. Based on the information collected and presented in the annual report, the producer or stewardship organization may propose revisions to the goals for review and approval by the department;
(6) Describe how post-consumer paint will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy of source reduction, reuse, recycling, energy recovery and disposal;
(7) Describe education and outreach efforts to promote the paint stewardship program and the source reduction and recycling of architectural paint to consumers, painting contractors and paint retailers and describe how the education and outreach efforts will be tailored to reach all sectors of the State's population, including immigrant and senior populations. The plan must provide for the program to evaluate annually the effectiveness of its education and outreach, including a method for determining the percentage of consumers, painting contractors and retailers that are aware of ways to reduce the generation of post-consumer paint, opportunities for reuse of post-consumer paint and collection options for paint recycling; and
(8) Describe the financing mechanism for the program and any activities necessary to implement the program that are not funded by the program and the source of funding for those activities. If the producer is financing the program through payment to a stewardship organization, any assessment imposed by the producer through its retailer must reflect the producer's actual program costs and must not be described at wholesale or retail as a tax or government-imposed fee. Any information provided to the consumer about the assessment must clearly state that it is imposed by the producer and must not identify the assessment as, or imply that the assessment is, a tax or government-imposed fee or mandate.
(1) A description of the methods the producer or stewardship organization used to reduce, reuse, collect, transport, recycle and process post-consumer paint statewide;
(2) The volume and type of post-consumer paint collected by the producer or stewardship organization by region of the State;
(3) The volume of post-consumer paint collected by the producer or stewardship organization in the State by method of disposition, including reuse, recycling, energy recovery and disposal;
(4) The total volume of architectural paint sold in the State during the preceding calendar year by the producer or by producers within the stewardship organization;
(5) Samples of the educational materials required by the plan under paragraph A, subparagraph (7) that the producer or stewardship organization provided to consumers of architectural paint;
(6) A description of the annual evaluation of the effectiveness of the education and outreach efforts required by the plan under paragraph A, subparagraph (7), including the percentage of consumers, painting contractors and retailers that are aware of the ways to reduce the generation of post-consumer paint, opportunities for reuse of post-consumer paint and collection options for paint recycling;
(7) Beginning with the report submitted for calendar year 2013, a copy of a report from an independent 3rd-party audit on the financing and expenditures of the program, including but not limited to detailed costs and revenues of the program, the basis and calculations for determining producers' financial responsibilities and the basis and calculations for any assessment imposed by the producer or the stewardship organization on product sales; and
(8) Proposed amendments to the plan under paragraph A for review and approval by the department.
A producer or a stewardship organization shall pay an annual report fee of $10,000 to the department with each annual report submitted under paragraph D. The department may establish a schedule of fees that do not exceed 0.05% of the average paint stewardship program costs reported in the financial audits described in paragraph D, subparagraph (7) in lieu of the $10,000 annual report fee that is based on an average of the results of the financial audits. Application and reporting fees collected by the department pursuant to this paragraph must be deposited in the Maine Environmental Protection Fund established in section 351.
The Attorney General is authorized to commence a civil action against any producer to recover the costs described in this subsection, which are in addition to any fines and penalties established pursuant to section 349. Any money received by the State pursuant to this subsection must be deposited in the Maine Solid Waste Management Fund established in section 2201.
Sec. 3. 38 MRSA §2133, sub-§2-B, as amended by PL 2003, c. 567, §1, is further amended to read:
Preference in allocating resources under this subsection must be given to municipalities that participate in a household hazardous waste collection region as defined in subsection 2-D.
At a minimum, the office shall award grants to public schools and municipalities for reasonable costs incurred as a result of managing waste mercury-added products generated by those public schools and municipalities, in compliance with the requirements in sections 1663 and 1664, that would not otherwise be incurred by complying with existing laws, rules or regulations as of July 15, 2002.
summary
This bill establishes a product stewardship program for the environmentally sound disposal of architectural paint.