Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S551 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1482 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 551
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick M. O'Connor
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 :Patrick M. O'ConnorFirst Plymouth and NorfolkMathew J. Muratore1st Plymouth2/13/2023 1 of 7
16	16	SENATE DOCKET, NO. 1482 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 551
18	18	By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 551) of Patrick M. O'Connor and
19	19	Mathew J. Muratore for legislation relative to paint recycling. Environment and Natural
20	20	Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to paint recycling.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 21H of the General Laws is hereby amended by adding the
30	30	2following section:-
31	31	3 Section 9. (a) As used in this section, the following words shall have the following
32	32	4meanings unless the context clearly requires otherwise:
33	33	5 “Architectural paint”, interior and exterior architectural coatings sold in containers of 5
34	34	6gallons or less; provided, however, that “architectural paint” shall not include industrial, original
35	35	7equipment or specialty coatings.
36	36	8 “Collection site”, any location or event at which architectural paint is accepted into a
37	37	9postconsumer paint collection program pursuant to a postconsumer paint collection program
38	38	10plan.
39	39	11 “Commissioner”, the commissioner of environmental protection. 2 of 7
40	40	12 “Department”, the department of environmental protection.
41	41	13 “Environmentally sound management practices”, procedures for the collection, storage,
42	42	14transportation, reuse, recycling, and disposal of architectural paint, to be implemented by the
43	43	15manufacturer or representative organization or by the manufacturers or representative
44	44	16organization’s contracted partners to comply with all applicable federal, state and local laws and
45	45	17any regulations and ordinances for the protection of human health and the environment. These
46	46	18procedures shall address adequate record keeping, tracking and documenting of the final
47	47	19disposition of materials and appropriate environmental liability coverage for the representative
48	48	20organization.
49	49	21 “Household waste”, household waste as defined in 40 CFR § 261.4(b)(1).
50	50	22 “Postconsumer paint”, architectural paint not used and no longer wanted by a purchaser.
51	51	23 “Manufacturer”, manufacturer of architectural paint who sells, offers for sale or
52	52	24distributes the architectural paint in the State under the manufacturer’s own name or brand.
53	53	25 “Program”, the postconsumer paint stewardship program established pursuant to section
54	54	26(b).
55	55	27 “Recycling”, a process by which discarded products, components and by-products are
56	56	28transformed into new usable or marketable materials in a manner in which the original products
57	57	29may lose their identity.
58	58	30 “Representative organization”, a nonprofit organization established by a manufacturer to
59	59	31implement the postconsumer paint stewardship program. 3 of 7
60	60	32 “Retailer”, a company that offers architectural paint or other allied products for retail sale
61	61	33in the commonwealth.
62	62	34 “Very small quantity generator”, very small quantity generators as defined in 40 CFR §
63	63	35260.10.
64	64	36 (b)(1) A manufacturer of architectural paint sold at retail in the State or a representative
65	65	37organization shall submit to the commissioner a plan for the establishment of a postconsumer
66	66	38paint stewardship program. The program will seek to reduce the generation of postconsumer
67	67	39paint, promote its reuse and recycling, and manage this waste stream using environmentally
68	68	40sound management practices.
69	69	41 (2) The plan submitted by the manufacturer or representative organization to the
70	70	42department under this section shall:
71	71	43 (i) Provide a list of participating manufacturers and brands covered by the program.
72	72	44 (ii) Provide information on the architectural paint products covered under the program,
73	73	45such as interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings.
74	74	46 (iii) Describe how it will provide for convenient and cost-effective statewide collection of
75	75	47postconsumer architectural paint in the commonwealth. The manufacturer or representative
76	76	48organization may coordinate the program with existing household hazardous waste collection
77	77	49infrastructure as is mutually agreeable. A paint retailer may be authorized by the manufacturer or
78	78	50representative organization as a paint collection site if the paint retailer volunteers to act as such,
79	79	51complies with all applicable laws and regulations, and the retail location is consistent with the
80	80	52maintenance of a cost-effective network of paint collection locations. 4 of 7
81	81	53 (iv) Establish a goal for the number and geographic distribution of collection sites for
82	82	54postconsumer architectural paint, using geographic modeling and the following criteria: (A) at
83	83	55least 90 percent of Massachusetts residents shall have a collection site within a 15-mile radius;
84	84	56and (B) one site will be available for every 50,000 residents of an Urbanized Area (as defined by
85	85	57the U.S. Census Bureau), unless otherwise approved by the commissioner.
86	86	58 (v) Describe how postconsumer paint will be managed in an environmentally and
87	87	59economically sound manner using the following strategies, in this order: reuse, recycling, energy
88	88	60recovery, and disposal.
89	89	61 (vi) Describe education and outreach efforts to inform consumers about the program.
90	90	62These materials should include (A) information about collection opportunities for postconsumer
91	91	63paint; (B) information about the fee for the operation of the program that shall be included in the
92	92	64purchase price of all architectural paint sold in the commonwealth; and (C) efforts to promote the
93	93	65source reduction, reuse, and recycling of architectural paint.
94	94	66 (vii) Be reviewed by an independent auditor to assure that any added fee to paint sold in
95	95	67the commonwealth as a result of the postconsumer paint stewardship program does not exceed
96	96	68the costs to operate and sustain the program in accordance with sound management practices.
97	97	69The independent auditor shall verify that the amount added to each unit of paint will cover the
98	98	70aforementioned costs of the postconsumer paint stewardship program.
99	99	71 (3) The stewardship organization shall select the independent auditor in consultation with
100	100	72the department. The department shall review the work product of the independent auditor. The
101	101	73cost of any work performed by such independent auditor shall be funded by the program. 5 of 7
102	102	74 (4) Not later than 60 days after submission of the plan under this section, the
103	103	75commissioner shall make a determination in writing, whether to approve the plan as submitted or
104	104	76disapprove the plan.
105	105	77 (5) The department shall enforce the plan and may, by regulation, establish enforcement
106	106	78procedures including the circumstances under which a new plan or an amendment to the plan
107	107	79must be filed by the manufacturer or representative organization.
108	108	80 (6) No later than the implementation date of the program, information regarding the
109	109	81approved plan, the names of participating producers, and the brands of architectural paint
110	110	82covered by the program shall be posted on the department’s website and on the website of the
111	111	83representative organization.
112	112	84 (7) Upon implementation of the program, each manufacturer shall include in the price of
113	113	85any architectural paint sold to retailers and distributors in the commonwealth the per container
114	114	86amount in the approved program plan. A retailer or distributor shall not deduct this amount from
115	115	87the purchase price.
116	116	88 (c)(1) A manufacturer or retailer shall not sell, or offer for sale, architectural paint to any
117	117	89person in the commonwealth unless the manufacturer of a paint brand or manufacturer’s
118	118	90representative organization is implementing an approved paint stewardship plan as required by
119	119	91section (b).
120	120	92 (2) A retailer shall be in compliance with this section if, on the date the architectural paint
121	121	93was offered for sale, the manufacturer is listed on the department’s website as implementing or
122	122	94participating in an approved program or if the paint brand is listed on the department’s website as
123	123	95being included in the program. 6 of 7
124	124	96 (3) A paint collection site authorized under the provisions of this section shall not charge
125	125	97any additional amount for the disposal of paint when it is offered for disposal.
126	126	98 (4) A manufacturer or the representative organization participating in a postconsumer
127	127	99paint stewardship program shall not be liable for any claim of a violation of antitrust, restraint of
128	128	100trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in
129	129	101accordance with the program.
130	130	102 (5) Annually, the manufacturer or representative organization shall submit a report to the
131	131	103commissioner that details the program. The report shall include: (i) a description of the methods
132	132	104used to collect and transport postconsumer paint collected in the State; (ii) the volume and type
133	133	105of postconsumer paint collected, and a description of the methods used to process the paint,
134	134	106including reuse, recycling and other methods; (iii) samples of educational materials provided to
135	135	107consumers of architectural paint; and (iv) the total cost of the program and an independent
136	136	108financial audit. An independent financial auditor shall be chosen by the producer or
137	137	109representative organization. The report or information relating to the report shall be posted on the
138	138	110department’s website and on the website of the representative organization.
139	139	111 (6) Financial, production or sales data reported to the department by a manufacturer or by
140	140	112the representative organization shall not be subject to disclosure but the commissioner may
141	141	113release a summary form of such data that does not disclose financial, production or sales data of
142	142	114the manufacturer, retailer or representative organization.
143	143	115 (d)(1) Generators of household wastes and very small quantity generators are authorized
144	144	116to transport or send their architectural paints to a paint collection site to the extent permitted by a
145	145	117postconsumer paint stewardship program approved by the commissioner. 7 of 7
146	146	118 (2) Notwithstanding any general or special law to the contrary, paint collection sites are
147	147	119authorized to collect and temporarily store architectural paints generated by persons specified in
148	148	120this section in accordance with the requirements of the paint stewardship program in lieu of any
149	149	121otherwise applicable law, rule or regulation.
150	150	122 (3) Nothing in this section shall be construed as restricting the collection of architectural
151	151	123paint by a postconsumer paint stewardship program where such collection is authorized under
152	152	124any other laws or regulations.
153	153	125 (4) Nothing in this section shall be construed to affect any requirements applicable to
154	154	126facilities that treat, dispose, or recycle architectural paint under an otherwise application law, rule
155	155	127or regulation.
156	156	128 SECTION 2. The plan required by subsection (b) of section 9 of chapter 21H of the
157	157	129General Laws shall be submitted not later than July 1, 2024. The manufacturer or representative
158	158	130organization shall implement the plan within 6 months of the date that the program plan is
159	159	131approved by the commissioner. The department may extend the date of the plan submission or
160	160	132the date of the implementation of the program for good cause shown.
161	161	133 SECTION 3. The manufacturer or representative organization shall submit the first
162	162	134annual report detailing the postconsumer paint collection program as required by paragraph (5)
163	163	135of subsection (c) of section 9 of chapter 21H of the General Laws to the commissioner of
164	164	136environmental protection not later than September 1, 2025 and annually thereafter. The
165	165	137department may extend the time for submission of the annual report for cause shown.