Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1167 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1167
5	5	March 22, 2024 - Introduced by Representatives CONSIDINE, SINICKI, RATCLIFF,
6	6	JOERS, CONLEY, MOORE OMOKUNDE and PALMERI, cosponsored by Senators
7	7	TOMCZYK, AGARD, COWLES and LARSON. Referred to Committee on Jobs,
8	8	Economy and Small Business Development.
9	9	AN ACT to create 20.370 (4) (ht) and 287.175 of the statutes; relating to:
10	10	requiring paint manufacturers to administer paint collection programs,
11	11	granting rule-making authority, and making an appropriation.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill requires paint manufacturers (manufacturers) to operate a program
14	14	to collect used paint. The bill defines “paint” as any kind of architectural paint sold
15	15	in containers of five gallons or less.
16	16	Under the bill, no manufacturer or paint retailer (retailer) may sell paint in this
17	17	state unless the manufacturer 1) is operating under a paint stewardship plan that
18	18	has been approved by the Department of Natural Resources; 2) pays an initial fee and
19	19	an annual fee to DNR; 3) submits annual reports to DNR; and 4) maintains a website
20	20	with information about brands covered by an approved paint stewardship plan.
21	21	Under the bill, all of these requirements may be undertaken on behalf of a
22	22	manufacturer by a paint stewardship organization, which must be a nonprofit
23	23	organization organized by or made up of one or more manufacturers.
24	24	To be approved by DNR, a proposed paint stewardship plan must include
25	25	specific information, such as a list of all the brands of paint the manufacturer sells
26	26	in this state; provisions for collecting paint in a cost-effective manner that is
27	27	convenient to consumers, without charging a fee at the time or place of collection; a
28	28	goal for the number and geographic distribution of paint collection sites; a process
29	29	for properly managing collected paint using environmentally sound management
30	30	practices; a description of an education and outreach program that the manufacturer
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36	36	will undertake to inform consumers about paint collection opportunities and to
37	37	promote the reduction, reuse, and recycling of paint in this state; and a list of
38	38	exemptions to any existing laws that will be needed to allow for the collection and
39	39	temporary storage of paint. A manufacturer must also include in its proposed paint
40	40	stewardship plan the amount of any fee that the manufacturer or a retailer will
41	41	include in the sales price of any paint to cover the costs of implementing and
42	42	sustaining the requirements of the bill. Such amount must be reviewed by an
43	43	independent auditor, selected by the manufacturer in consultation with DNR, to
44	44	ensure that the proposed fee does not exceed the costs to the manufacturer or retailer
45	45	to implement and sustain the requirements under the bill.
46	46	The bill requires DNR to approve or deny a proposed paint stewardship plan
47	47	within 60 days of receipt. If DNR denies a proposed plan, the applicant must submit
48	48	an amended plan within 45 days of the denial. The bill requires paint manufacturers
49	49	to begin implementing an approved plan within six months of approval.
50	50	The bill also requires DNR to maintain a website that lists the names of
51	51	manufacturers with approved plans and the brands of paint covered by an approved
52	52	paint stewardship plan and includes copies of all annual reports submitted by
53	53	manufacturers with approved paint stewardship plans.
54	54	Finally, the bill provides that a manufacturer, retailer, or paint stewardship
55	55	organization is not liable for any claims of a violation of antitrust laws or laws
56	56	relating to fraudulent, deceptive, or unfair methods of competition or trade practices
57	57	arising from conduct that complies with an approved paint stewardship plan.
58	58	For further information see the state fiscal estimate, which will be printed as
59	59	an appendix to this bill.
60	60	The people of the state of Wisconsin, represented in senate and assembly, do
61	61	enact as follows:
62	62	SECTION 1. 20.370 (4) (ht) of the statutes is created to read:
63	63	20.370 (4) (ht) Paint collection program. From the environmental fund, a sum
64	64	sufficient to administer the paint collection program under s. 287.175.
65	65	SECTION 2. 287.175 of the statutes is created to read:
66	66	287.175 Paint collection. (1) DEFINITIONS. In this section:
67	67	(a) “Collection site” means a location or event at which paint is collected
68	68	pursuant to a paint stewardship plan approved by the department.
69	69	(b) “Environmentally sound management practices” means procedures for the
70	70	collection, storage, transportation, reuse, recycling, energy recovery, and disposal of
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84	84	paint that comply with all applicable federal, state, and local laws relating to the
85	85	protection of human health and the environment and that address record keeping,
86	86	tracking and documenting of the final disposition of materials, and appropriate
87	87	environmental liability coverage.
88	88	(c) “Household waste” has the meaning given in s. 289.51 (1) (am).
89	89	(d) “Paint” means architectural paint for internal or external use sold in
90	90	containers of 5 gallons or less.
91	91	(e) “Postconsumer paint” means paint that has not been used and that is no
92	92	longer wanted by the end consumer that purchased the paint.
93	93	(f) “Manufacturer” means a person that manufactures paint and that sells,
94	94	offers for sale, or distributes for sale the paint in or into this state under the
95	95	manufacturer's name or brand.
96	96	(g) “Retailer” means a person that offers paint for sale in this state by any
97	97	means, including through online sales.
98	98	(2) PROHIBITION. Beginning 12 months after the effective date of this subsection
99	99	.... [LRB inserts date], no manufacturer or retailer may sell, offer for sale, or
100	100	distribute for sale in or into this state any paint unless the manufacturer of the paint
101	101	is in compliance with the requirements under sub. (3).
102	102	(3) REQUIREMENTS. (a) Stewardship plan. No later than 12 months after the
103	103	effective date of this subsection .... [LRB inserts date], each manufacturer shall
104	104	submit a paint stewardship plan to the department for review. The department may
105	105	grant an extension to this deadline for good cause. A paint stewardship plan
106	106	submitted to the department shall seek to reduce the generation of postconsumer
107	107	paint, promote the reuse and recycling of postconsumer paint, manage postconsumer
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134	134	paint in the waste stream using environmentally sound management practices, and
135	135	include all of the following:
136	136	1. If the manufacturer is a member of a paint stewardship organization under
137	137	sub. (4), the names and contact information for each of the manufacturers in the
138	138	paint stewardship organization.
139	139	2. All brands of paint that the manufacturer sells, offers for sale, or distributes
140	140	for sale in or into this state. All such brands shall be covered by the paint stewardship
141	141	plan.
142	142	3. Information about the types of paint covered by the paint stewardship plan,
143	143	including whether such paints are for interior or exterior use, are water- or
144	144	oil-based, or are primers, sealers, or wood coatings.
145	145	4. A cost-effective process for collecting paint throughout this state in a
146	146	manner that is convenient for consumers, without charging a fee at the time or place
147	147	of collection. This process may be coordinated with any existing collection
148	148	infrastructure for household hazardous waste if agreed upon by the entity
149	149	responsible for that collection.
150	150	5. A goal for the number and geographic distribution of collection sites. Such
151	151	a goal shall ensure that at least 90 percent of state residents have access to a
152	152	collection site within 15 miles of their homes and that there is at least one collection
153	153	site available for every 50,000 state residents, unless the department approves a
154	154	different goal. A manufacturer may designate a retailer as a collection site if the
155	155	retailer consents to act as a collection site and complies with all applicable laws, and
156	156	if the retailer's location is consistent with the maintenance of a cost-effective
157	157	network of collection sites.
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186	186	6. A process for properly managing collected paint using environmentally
187	187	sound management practices and in an economically sound manner. Such a process
188	188	shall prioritize the following methods, in the order listed:
189	189	a. Reuse.
190	190	b. Recycling.
191	191	c. Energy recovery.
192	192	d. Disposal.
193	193	7. A description of an education and outreach program that the manufacturer
194	194	will undertake to inform consumers about paint collection opportunities and about
195	195	the fee included in the sales price of any paint to cover the costs of implementing and
196	196	sustaining the requirements of this section, and to promote the reduction, reuse, and
197	197	recycling of postconsumer paint in this state.
198	198	8. The amount of the fee that the manufacturer, or a retailer of the
199	199	manufacturer's paint, will include in the sales price of any paint to cover the costs
200	200	of implementing and sustaining the requirements of this section under par. (f). Such
201	201	amount shall be reviewed by an independent auditor, selected by the manufacturer
202	202	in consultation with the department, to ensure that the proposed fee will cover but
203	203	not exceed the costs to the manufacturer or retailer to implement and sustain the
204	204	requirements of this section. The department shall review the work product of the
205	205	independent auditor. The cost of the work performed by an independent auditor
206	206	shall be paid by the manufacturer.
207	207	9. Exemptions to any existing laws needed to allow generators of household
208	208	waste and very small quantity generators, as defined under 40 CFR 260.10, to
209	209	transport paint to collection sites and to allow collection sites to collect and
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236	236	temporarily store such paint. The department shall allow such exemptions to the
237	237	extent that they do not negatively impact human health or the environment.
238	238	(b) Implementation. A manufacturer shall begin implementing an approved
239	239	paint stewardship plan no later than 6 months after the department approves the
240	240	plan under sub. (5) (a). The department may grant an extension to this deadline for
241	241	good cause.
242	242	(c) Department fees. A manufacturer shall pay a fee to the department upon
243	243	submitting a proposed paint stewardship plan under par. (a), and a manufacturer
244	244	operating under an approved paint stewardship plan shall pay an annual fee to the
245	245	department to administer and enforce this section. Fees paid under this paragraph
246	246	shall be deposited into the environmental fund. The department shall establish a
247	247	reasonable amount for the fees required under this paragraph, except that the
248	248	amount of an annual fee for a manufacturer may not exceed 5 percent of the total
249	249	amount of fees included in the sales price of paint under par. (f) by all manufacturers
250	250	in this state during the preceding year. Annual fees shall be paid on a date set forth
251	251	in an approved paint stewardship plan. The department may allow an extension of
252	252	a payment deadline for good cause.
253	253	(d) Reporting. A manufacturer shall submit an annual report to the
254	254	department, on a schedule included in the manufacturer's approved paint
255	255	stewardship plan. The department may extend the deadline for submitting an
256	256	annual report for good cause. An annual report shall contain all of the following:
257	257	1. A description of the methods used to collect paint and manage collected paint
258	258	in the previous year.
259	259	2. The volume and types of paint collected in the previous year, including a
260	260	breakdown by the management methods enumerated under par. (a) 6.
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290	290	3. Samples of educational materials provided to businesses, households, and
291	291	the public in the previous year.
292	292	4. The cost of implementing the requirements of this section in the previous
293	293	year, as supported by an independent financial audit. The independent financial
294	294	auditor shall be chosen by the manufacturer.
295	295	(e) Website. No later than the implementation date under par. (b), a
296	296	manufacturer shall maintain on its website all of the following:
297	297	1. If the manufacturer is a member of a paint stewardship organization under
298	298	sub. (4), the names of each manufacturer in the paint stewardship organization.
299	299	2. A list of the brands of paint covered by an approved paint stewardship plan
300	300	under par. (a) 2.
301	301	3. Annual reports or information relating to annual reports submitted under
302	302	par. (d).
303	303	(f) Consumer fees. A manufacturer, or a retailer of the manufacturer's paint,
304	304	may include a fee in the sales price of any paint to cover the costs of implementing
305	305	and sustaining the requirements of this section. The amount of such fee shall be the
306	306	amount in the approved paint stewardship plan under par. (a) 8. A retailer may
307	307	incorporate the fee as part of the purchase price displayed to consumers or may
308	308	charge the fee separately to consumers at the time of purchase, but in all cases shall
309	309	make the fee clear to consumers before purchase.
310	310	(4) PAINT STEWARDSHIP ORGANIZATIONS. A manufacturer may meet the
311	311	requirements under sub. (3) by participating in a paint stewardship organization
312	312	that complies with the requirements of sub. (3) on behalf of the manufacturer. A
313	313	paint stewardship organization shall be a nonprofit organization organized by or
314	314	made up of one or more manufacturers.
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342	342	(5) DEPARTMENT DUTIES. (a) Plan approvals. Within 60 days after receiving a
343	343	proposed paint stewardship plan under sub. (3) (a), the department shall approve or
344	344	deny the proposed plan. If the department denies the proposed plan, the person
345	345	submitting the proposed plan shall submit an amended proposed paint stewardship
346	346	plan within 45 days after the denial.
347	347	(b) Enforcement. The department shall enforce approved paint stewardship
348	348	plans and may, by rule, establish enforcement procedures. The department may not
349	349	promulgate a rule under this paragraph that takes effect earlier than 10 years after
350	350	the department approves a plan under par. (a).
351	351	(c) Website. 1. Subject to par. (d), the department shall maintain on its website
352	352	all of the following:
353	353	a. The names of manufacturers with approved paint stewardship plans.
354	354	b. A list of the brands of paint listed in approved paint stewardship plans under
355	355	sub. (3) (a) 2.
356	356	c. Information regarding the details of each approved paint stewardship plan.
357	357	d. Annual reports or information relating to annual reports received under sub.
358	358	(3) (d).
359	359	2. A retailer shall be deemed to be in compliance of this section if, on the date
360	360	that the retailer offers paint for sale, the manufacturer of the paint is listed on the
361	361	department's website under subd. 1. a. or the brand of paint is listed on the
362	362	department's website under subd. 1. b.
363	363	(d) Confidentiality. Financial, production, or sales data submitted to the
364	364	department under this section shall be kept confidential and is not open to public
365	365	inspection and copying under s. 19.35 (1). The department may publish such
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394	394	information in a summary or aggregated form that does not identify individual
395	395	manufacturers or retailers.
396	396	(6) ANTITRUST AND UNFAIR TRADE PRACTICES. A manufacturer, retailer, or paint
397	397	stewardship organization is not liable for any claim of a violation of antitrust laws
398	398	or laws relating to fraudulent, deceptive, or unfair methods of competition or trade
399	399	practices arising from conduct that complies with an approved paint stewardship
400	400	plan under this section.
401	401	(END)
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