Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H823 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1156 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 823
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Haddad
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to paint recycling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patricia A. Haddad5th Bristol1/18/2023Alan Silvia7th Bristol2/2/2023Mathew J. Muratore1st Plymouth2/10/2023Paul McMurtry11th Norfolk3/10/2023 1 of 8
16	16	HOUSE DOCKET, NO. 1156 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 823
18	18	By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 823) of
19	19	Patricia A. Haddad and others relative to the recycling of certain paints. Environment and
20	20	Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 938 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to paint recycling.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 21H of the General Laws is hereby amended by adding the
32	32	2following section:-
33	33	3 Section 9. (a) As used in this section, the following words shall have the following
34	34	4meanings unless the context clearly requires otherwise:
35	35	5 “Architectural paint”, interior and exterior architectural coatings sold in containers of 5
36	36	6gallons or less; provided, however, that “architectural paint” shall not include industrial, original
37	37	7equipment or specialty coatings. 2 of 8
38	38	8 “Collection site”, any location or event at which architectural paint is accepted into a
39	39	9postconsumer paint collection program pursuant to a postconsumer paint collection program
40	40	10plan.
41	41	11 “Commissioner”, the commissioner of environmental protection.
42	42	12 “Department”, the department of environmental protection.
43	43	13 “Environmentally sound management practices”, procedures for the collection, storage,
44	44	14transportation, reuse, recycling, and disposal of architectural paint, to be implemented by the
45	45	15manufacturer or representative organization or by the manufacturers or representative
46	46	16organization’s contracted partners to comply with all applicable federal, state and local laws and
47	47	17any regulations and ordinances for the protection of human health and the environment. These
48	48	18procedures shall address adequate record keeping, tracking and documenting of the final
49	49	19disposition of materials and appropriate environmental liability coverage for the representative
50	50	20organization.
51	51	21 “Household waste”, household waste as defined in 40 CFR § 261.4(b)(1).
52	52	22 “Postconsumer paint”, architectural paint not used and no longer wanted by a purchaser.
53	53	23 “Manufacturer”, manufacturer of architectural paint who sells, offers for sale or
54	54	24distributes the architectural paint in the State under the manufacturer’s own name or brand.
55	55	25 “Program”, the postconsumer paint stewardship program established pursuant to section
56	56	26(b). 3 of 8
57	57	27 “Recycling”, a process by which discarded products, components and by-products are
58	58	28transformed into new usable or marketable materials in a manner in which the original products
59	59	29may lose their identity.
60	60	30 “Representative organization”, a nonprofit organization established by a manufacturer to
61	61	31implement the postconsumer paint stewardship program.
62	62	32 “Retailer”, a company that offers architectural paint or other allied products for retail sale
63	63	33in the commonwealth.
64	64	34 “Very small quantity generator”, very small quantity generators as defined in 40 CFR §
65	65	35260.10.
66	66	36 (b)(1) A manufacturer of architectural paint sold at retail in the State or a representative
67	67	37organization shall submit to the commissioner a plan for the establishment of a postconsumer
68	68	38paint stewardship program. The program will seek to reduce the generation of postconsumer
69	69	39paint, promote its reuse and recycling, and manage this waste stream using environmentally
70	70	40sound management practices.
71	71	41 (2) The plan submitted by the manufacturer or representative organization to the
72	72	42department under this section shall:
73	73	43 (i) Provide a list of participating manufacturers and brands covered by the program.
74	74	44 (ii) Provide information on the architectural paint products covered under the program,
75	75	45such as interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings.
76	76	46 (iii) Describe how it will provide for convenient and cost-effective statewide collection of
77	77	47postconsumer architectural paint in the commonwealth. The manufacturer or representative 4 of 8
78	78	48organization may coordinate the program with existing household hazardous waste collection
79	79	49infrastructure as is mutually agreeable. A paint retailer may be authorized by the manufacturer
80	80	50or representative organization as a paint collection site if the paint retailer volunteers to act as
81	81	51such, complies with all applicable laws and regulations, and the retail location is consistent with
82	82	52the maintenance of a cost-effective network of paint collection locations.
83	83	53 (iv) Establish a goal for the number and geographic distribution of collection sites for
84	84	54postconsumer architectural paint, using geographic modeling and the following criteria: (A) at
85	85	55least 90 percent of Massachusetts residents shall have a collection site within a 15-mile radius;
86	86	56and (B) one site will be available for every 50,000 residents of an Urbanized Area (as defined by
87	87	57the U.S. Census Bureau), unless otherwise approved by the commissioner.
88	88	58 (v) Describe how postconsumer paint will be managed in an environmentally and
89	89	59economically sound manner using the following strategies, in this order: reuse, recycling, energy
90	90	60recovery, and disposal.
91	91	61 (vi) Describe education and outreach efforts to inform consumers about the program.
92	92	62These materials should include (A) information about collection opportunities for postconsumer
93	93	63paint; (B) information about the fee for the operation of the program that shall be included in the
94	94	64purchase price of all architectural paint sold in the commonwealth; and (C) efforts to promote the
95	95	65source reduction, reuse, and recycling of architectural paint.
96	96	66 (vii) Be reviewed by an independent auditor to assure that any added fee to paint sold in
97	97	67the commonwealth as a result of the postconsumer paint stewardship program does not exceed
98	98	68the costs to operate and sustain the program in accordance with sound management practices. 5 of 8
99	99	69The independent auditor shall verify that the amount added to each unit of paint will cover the
100	100	70aforementioned costs of the postconsumer paint stewardship program.
101	101	71 (3) The stewardship organization shall select the independent auditor in consultation with
102	102	72the department. The department shall review the work product of the independent auditor. The
103	103	73cost of any work performed by such independent auditor shall be funded by the program.
104	104	74 (4) Not later than 60 days after submission of the plan under this section, the
105	105	75commissioner shall make a determination in writing, whether to approve the plan as submitted or
106	106	76disapprove the plan.
107	107	77 (5) The department shall enforce the plan and may, by regulation, establish enforcement
108	108	78procedures including the circumstances under which a new plan or an amendment to the plan
109	109	79must be filed by the manufacturer or representative organization.
110	110	80 (6) No later than the implementation date of the program, information regarding the
111	111	81approved plan, the names of participating producers, and the brands of architectural paint
112	112	82covered by the program shall be posted on the department’s website and on the website of the
113	113	83representative organization.
114	114	84 (7) Upon implementation of the program, each manufacturer shall include in the price of
115	115	85any architectural paint sold to retailers and distributors in the commonwealth the per container
116	116	86amount in the approved program plan. A retailer or distributor shall not deduct this amount from
117	117	87the purchase price.
118	118	88 (c)(1) A manufacturer or retailer shall not sell, or offer for sale, architectural paint to any
119	119	89person in the commonwealth unless the manufacturer of a paint brand or manufacturer’s 6 of 8
120	120	90representative organization is implementing an approved paint stewardship plan as required by
121	121	91section (b).
122	122	92 (2) A retailer shall be in compliance with this section if, on the date the architectural paint
123	123	93was offered for sale, the manufacturer is listed on the department’s website as implementing or
124	124	94participating in an approved program or if the paint brand is listed on the department’s website as
125	125	95being included in the program.
126	126	96 (3) A paint collection site authorized under the provisions of this section shall not charge
127	127	97any additional amount for the disposal of paint when it is offered for disposal.
128	128	98 (4) A manufacturer or the representative organization participating in a postconsumer
129	129	99paint stewardship program shall not be liable for any claim of a violation of antitrust, restraint of
130	130	100trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in
131	131	101accordance with the program.
132	132	102 (5) Annually, the manufacturer or representative organization shall submit a report to the
133	133	103commissioner that details the program. The report shall include: (i) a description of the methods
134	134	104used to collect and transport postconsumer paint collected in the State; (ii) the volume and type
135	135	105of postconsumer paint collected, and a description of the methods used to process the paint,
136	136	106including reuse, recycling and other methods; (iii) samples of educational materials provided to
137	137	107consumers of architectural paint; and (iv) the total cost of the program and an independent
138	138	108financial audit. An independent financial auditor shall be chosen by the producer or
139	139	109representative organization. The report or information relating to the report shall be posted on
140	140	110the department’s website and on the website of the representative organization. 7 of 8
141	141	111 (6) Financial, production or sales data reported to the department by a manufacturer or by
142	142	112the representative organization shall not be subject to disclosure but the commissioner may
143	143	113release a summary form of such data that does not disclose financial, production or sales data of
144	144	114the manufacturer, retailer or representative organization.
145	145	115 (d)(1) Generators of household wastes and very small quantity generators are authorized
146	146	116to transport or send their architectural paints to a paint collection site to the extent permitted by a
147	147	117postconsumer paint stewardship program approved by the commissioner.
148	148	118 (2) Notwithstanding any general or special law to the contrary, paint collection sites are
149	149	119authorized to collect and temporarily store architectural paints generated by persons specified in
150	150	120this section in accordance with the requirements of the paint stewardship program in lieu of any
151	151	121otherwise applicable law, rule or regulation.
152	152	122 (3) Nothing in this section shall be construed as restricting the collection of architectural
153	153	123paint by a postconsumer paint stewardship program where such collection is authorized under
154	154	124any other laws or regulations.
155	155	125 (4) Nothing in this section shall be construed to affect any requirements applicable to
156	156	126facilities that treat, dispose, or recycle architectural paint under an otherwise application law, rule
157	157	127or regulation.
158	158	128 SECTION 2. The plan required by subsection (b) of section 9 of chapter 21H of the
159	159	129General Laws shall be submitted not later than July 1, 2024. The manufacturer or representative
160	160	130organization shall implement the plan within 6 months of the date that the program plan is
161	161	131approved by the commissioner. The department may extend the date of the plan submission or
162	162	132the date of the implementation of the program for good cause shown. 8 of 8
163	163	133 SECTION 3. The manufacturer or representative organization shall submit the first
164	164	134annual report detailing the postconsumer paint collection program as required by paragraph (5)
165	165	135of subsection (c) of section 9 of chapter 21H of the General Laws to the commissioner of
166	166	136environmental protection not later than September 1, 2025 and annually thereafter. The
167	167	137department may extend the time for submission of the annual report for cause shown.