83R3926 JRR-F
By: Sheets H.B. No. 2923
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program for the collection,
transportation, and recycling of architectural paint.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 361, Health and Safety Code, is amended
by adding Subchapter P to read as follows:
SUBCHAPTER P. ARCHITECTURAL PAINT COLLECTION PROGRAM
Sec. 361.471. DEFINITIONS. In this subchapter:
(1) "Architectural paint" means interior and exterior
architectural coatings sold in containers of not more than five
gallons. The term does not include industrial, original equipment,
or specialty coatings.
(2) "Manufacturer" means a person that manufactures
architectural paint that is sold or offered for sale in this state.
(3) "Post-consumer architectural paint" means
architectural paint not used and no longer wanted by its purchaser.
(4) "Retailer" means a person who sells architectural
paint directly to a consumer through a selling or distribution
mechanism, including a sale using a catalog or the Internet.
Sec. 361.472. MANUFACTURER PROGRAMS FOR ARCHITECTURAL
PAINT COLLECTION. (a) A manufacturer shall establish, finance,
manage, and maintain a program for the collection, transportation,
recycling, and processing of architectural paint in accordance with
this subchapter, either individually or collectively with other
manufacturers. Each manufacturer is responsible for collecting,
handling, transporting, recycling, and processing architectural
paint through a program in accordance with this subchapter and
rules adopted under this subchapter.
(b) A manufacturer or a group of manufacturers operating a
program collectively may contract with a retailer to provide a
point of collection for architectural paint, either in the
retailer's place of business or elsewhere.
(c) A program established under this subchapter must:
(1) be approved by the commission;
(2) provide for convenient and available statewide
collection of post-consumer architectural paint in urban and rural
areas of this state;
(3) identify each manufacturer participating in the
program and the brands of architectural paint sold by each
manufacturer;
(4) provide for the development and implementation of
strategies to reduce the generation of post-consumer architectural
paint;
(5) promote the reuse of post-consumer architectural
paint; and
(6) provide for the collection, transportation,
recycling, and processing of post-consumer architectural paint for
end-of-product-life management, including recycling, energy
recovery, and disposal, using policies that provide for:
(A) recordkeeping that tracks and documents the
use, reuse, or disposal of post-consumer architectural paint within
this state and outside of this state; and
(B) adequate environmental liability coverage
for professional services and for the operations of contractors
working for the manufacturer.
Sec. 361.473. COMMISSION APPROVAL OF PROGRAM. (a) Before
implementing a program under this subchapter, a manufacturer or
group of manufacturers shall submit to the executive director for
approval a plan describing the program to be operated by the
manufacturer or group of manufacturers.
(b) The executive director shall approve a program plan that
demonstrates to the executive director's satisfaction that the
program will comply with the requirements of Sections
361.472(c)(2)-(6).
Sec. 361.474. ARCHITECTURAL PAINT SALES PROHIBITED; LIST OF
NONCOMPLIANT MANUFACTURERS. (a) A manufacturer may not sell or
offer for sale in this state architectural paint if the
manufacturer is listed on the commission's Internet website as a
noncompliant manufacturer.
(b) A retailer may not sell or offer for sale in this state
architectural paint that is produced by a manufacturer that is
listed on the commission's Internet website as a noncompliant
manufacturer on the date the architectural paint was ordered from
the manufacturer or its agent.
(c) Notwithstanding the prior approval of a program under
Section 361.473, the commission may list as noncompliant any
manufacturer or group of manufacturers that violates a provision of
this subchapter, a rule adopted under this subchapter, or an order
issued under Section 361.477.
(d) On the first day of each month, the commission shall
post a list on its Internet website of manufacturers that are not in
compliance with this subchapter.
Sec. 361.475. DISTRIBUTION OF INFORMATION. (a) A
manufacturer or group of manufacturers shall promote the program
established by the manufacturer or group of manufacturers under
Section 361.472 and provide consumers with educational materials
describing collection opportunities for post-consumer
architectural paint and information promoting waste prevention,
reuse, and recycling.
(b) At the time of sale to a consumer, a manufacturer or
retailer selling or offering for sale architectural paint must
provide the consumer with information on available
end-of-product-life management options offered through the
manufacturer's program established under Section 361.472.
Sec. 361.476. REPORT. (a) Not later than September 1 of
each year, a manufacturer, through a program established under
Section 361.472, shall submit to the commission a report that
includes:
(1) the volume and type of post-consumer architectural
paint the program collected in all regions of this state during the
preceding calendar year;
(2) the volume of post-consumer architectural paint
collected in this state by method of disposition, including reuse,
recycling, energy recovery, and disposal;
(3) a description of the methods used to collect,
transport, recycle, and process post-consumer architectural paint
in this state;
(4) samples of educational materials provided to
consumers of architectural paint, an evaluation of the methods used
to disseminate those materials, and an assessment of the
effectiveness of the education and outreach, including levels of
waste prevention and reuse;
(5) an analysis of the environmental costs and
benefits of collecting and recycling architectural paint; and
(6) any other information reasonably required by the
commission to assess compliance with this subchapter.
(b) The information reported by a manufacturer under
Subsection (a) is confidential and not subject to public disclosure
under Chapter 552, Government Code, except that the commission may
disclose the information in aggregate form.
Sec. 361.477. COMMISSION ORDER. The commission may order a
manufacturer or group of manufacturers operating a program to
revise the program and to take other necessary actions to comply
with this subchapter.
SECTION 2. (a) Not later than February 1, 2014, the Texas
Commission on Environmental Quality shall adopt any rules or forms
needed to implement Subchapter P, Chapter 361, Health and Safety
Code, as added by this Act.
(b) Not later than March 1, 2014, the Texas Commission on
Environmental Quality shall begin accepting plans seeking approval
for and approving manufacturer's programs established under
Subchapter P, Chapter 361, Health and Safety Code, as added by this
Act.
(c) A manufacturer is not required to implement a program
under Subchapter P, Chapter 361, Health and Safety Code, as added by
this Act, before September 1, 2014.
(d) The first report required by Section 361.476, Health and
Safety Code, as added by this Act, is due September 1, 2015.
SECTION 3. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2013.
(b) Sections 361.472, 361.474, 361.475, and 361.476, Health
and Safety Code, as added by this Act, take effect September 1,
2014.