Wisconsin Assembly Bill AB1167

Wisconsin 2023-2024 Regular Session

• Introduced: 3/22/24
• Refer: 3/22/24
• Failed: 4/15/24

Caption

Requiring paint manufacturers to administer paint collection programs, granting rule-making authority, and making an appropriation. (FE)

Impact

The implications of AB1167 are significant for both manufacturers and consumers. Manufacturers will be responsible for developing stewardship plans that include logistical details such as the establishment of collection sites, managing the collected paint, keeping annual reports, and disclosing potential fees associated with paint purchases to consumers. Furthermore, these stewardship plans need to guarantee that 90% of state residents can access collection points within a specified distance, making paint recycling more accessible and reducing waste in landfills. The bill also stipulates that these programs should not entail any additional fees for consumers at the point of collection, which is aimed at maximizing participation and convenience.

Summary

Assembly Bill 1167 introduces a comprehensive framework that mandates paint manufacturers in Wisconsin to establish and administer used paint collection programs. The bill outlines the definition of 'paint' as any architectural paint sold in containers of five gallons or less. This initiative aims to ensure that all manufacturers comply with strict requirements regarding the management and disposal of postconsumer paint, contributing to more sustainable environmental practices within the state. Specifically, no retailer or manufacturer may sell paint unless they are operating under an approved stewardship plan endorsed by the Department of Natural Resources (DNR).

Contention

Despite the positive environmental outlook that AB1167 presents, it might face challenges. Discussions around the bill may reveal concerns regarding the financial impact on manufacturers and retailers, particularly concerning the establishment of fees intended to cover program costs. Additionally, the potential for antitrust claims related to compliance with these stewardship plans could generate further discussions among industry stakeholders, raising questions about competitive practices. The DNR will also play a critical regulatory role, which some manufacturers may perceive as an increase in governmental oversight.