Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1073 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 SENATE BILL 1073
5	5	February 26, 2024 - Introduced by Senators TOMCZYK, AGARD, COWLES and LARSON,
6	6	cosponsored by Representatives CONSIDINE, SINICKI, RATCLIFF, JOERS, CONLEY
7	7	and MOORE OMOKUNDE. Referred to Committee on Labor, Regulatory Reform,
8	8	Veterans and Military Affairs.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 20.370 (4) (ht) and 287.175 of the statutes; relating to:
11	11	requiring paint manufacturers to administer paint collection programs,
12	12	granting rule-making authority, and making an appropriation.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires paint manufacturers (manufacturers) to operate a program
15	15	to collect used paint. The bill defines “paint” as any kind of architectural paint sold
16	16	in containers of five gallons or less.
17	17	Under the bill, no manufacturer or paint retailer (retailer) may sell paint in this
18	18	state unless the manufacturer 1) is operating under a paint stewardship plan that
19	19	has been approved by the Department of Natural Resources; 2) pays an initial fee and
20	20	an annual fee to DNR; 3) submits annual reports to DNR; and 4) maintains a website
21	21	with information about brands covered by an approved paint stewardship plan.
22	22	Under the bill, all of these requirements may be undertaken on behalf of a
23	23	manufacturer by a paint stewardship organization, which must be a nonprofit
24	24	organization organized by or made up of one or more manufacturers.
25	25	To be approved by DNR, a proposed paint stewardship plan must include
26	26	specific information, such as a list of all the brands of paint the manufacturer sells
27	27	in this state; provisions for collecting paint in a cost-effective manner that is
28	28	convenient to consumers, without charging a fee at the time or place of collection; a
29	29	goal for the number and geographic distribution of paint collection sites; a process
30	30	for properly managing collected paint using environmentally sound management
31	31	practices; a description of an education and outreach program that the manufacturer
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36	36	SENATE BILL 1073
37	37	will undertake to inform consumers about paint collection opportunities and to
38	38	promote the reduction, reuse, and recycling of paint in this state; and a list of
39	39	exemptions to any existing laws that will be needed to allow for the collection and
40	40	temporary storage of paint. A manufacturer must also include in its proposed paint
41	41	stewardship plan the amount of any fee that the manufacturer or a retailer will
42	42	include in the sales price of any paint to cover the costs of implementing and
43	43	sustaining the requirements of the bill. Such amount must be reviewed by an
44	44	independent auditor, selected by the manufacturer in consultation with DNR, to
45	45	ensure that the proposed fee does not exceed the costs to the manufacturer or retailer
46	46	to implement and sustain the requirements under the bill.
47	47	The bill requires DNR to approve or deny a proposed paint stewardship plan
48	48	within 60 days of receipt. If DNR denies a proposed plan, the applicant must submit
49	49	an amended plan within 45 days of the denial. The bill requires paint manufacturers
50	50	to begin implementing an approved plan within six months of approval.
51	51	The bill also requires DNR to maintain a website that lists the names of
52	52	manufacturers with approved plans and the brands of paint covered by an approved
53	53	paint stewardship plan and includes copies of all annual reports submitted by
54	54	manufacturers with approved paint stewardship plans.
55	55	Finally, the bill provides that a manufacturer, retailer, or paint stewardship
56	56	organization is not liable for any claims of a violation of antitrust laws or laws
57	57	relating to fraudulent, deceptive, or unfair methods of competition or trade practices
58	58	arising from conduct that complies with an approved paint stewardship plan.
59	59	For further information see the state fiscal estimate, which will be printed as
60	60	an appendix to this bill.
61	61	The people of the state of Wisconsin, represented in senate and assembly, do
62	62	enact as follows:
63	63	SECTION 1. 20.370 (4) (ht) of the statutes is created to read:
64	64	20.370 (4) (ht) Paint collection program. From the environmental fund, a sum
65	65	sufficient to administer the paint collection program under s. 287.175.
66	66	SECTION 2. 287.175 of the statutes is created to read:
67	67	287.175 Paint collection. (1) DEFINITIONS. In this section:
68	68	(a) “Collection site” means a location or event at which paint is collected
69	69	pursuant to a paint stewardship plan approved by the department.
70	70	(b) “Environmentally sound management practices” means procedures for the
71	71	collection, storage, transportation, reuse, recycling, energy recovery, and disposal of
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85	85	paint that comply with all applicable federal, state, and local laws relating to the
86	86	protection of human health and the environment and that address record keeping,
87	87	tracking and documenting of the final disposition of materials, and appropriate
88	88	environmental liability coverage.
89	89	(c) “Household waste” has the meaning given in s. 289.51 (1) (am).
90	90	(d) “Paint” means architectural paint for internal or external use sold in
91	91	containers of 5 gallons or less.
92	92	(e) “Postconsumer paint” means paint that has not been used and that is no
93	93	longer wanted by the end consumer that purchased the paint.
94	94	(f) “Manufacturer” means a person that manufactures paint and that sells,
95	95	offers for sale, or distributes for sale the paint in or into this state under the
96	96	manufacturer's name or brand.
97	97	(g) “Retailer” means a person that offers paint for sale in this state by any
98	98	means, including through online sales.
99	99	(2) PROHIBITION. Beginning 12 months after the effective date of this subsection
100	100	.... [LRB inserts date], no manufacturer or retailer may sell, offer for sale, or
101	101	distribute for sale in or into this state any paint unless the manufacturer of the paint
102	102	is in compliance with the requirements under sub. (3).
103	103	(3) REQUIREMENTS. (a) Stewardship plan. No later than 12 months after the
104	104	effective date of this subsection .... [LRB inserts date], each manufacturer shall
105	105	submit a paint stewardship plan to the department for review. The department may
106	106	grant an extension to this deadline for good cause. A paint stewardship plan
107	107	submitted to the department shall seek to reduce the generation of postconsumer
108	108	paint, promote the reuse and recycling of postconsumer paint, manage postconsumer
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134	134	SECTION 2 SENATE BILL 1073
135	135	paint in the waste stream using environmentally sound management practices, and
136	136	include all of the following:
137	137	1. If the manufacturer is a member of a paint stewardship organization under
138	138	sub. (4), the names and contact information for each of the manufacturers in the
139	139	paint stewardship organization.
140	140	2. All brands of paint that the manufacturer sells, offers for sale, or distributes
141	141	for sale in or into this state. All such brands shall be covered by the paint stewardship
142	142	plan.
143	143	3. Information about the types of paint covered by the paint stewardship plan,
144	144	including whether such paints are for interior or exterior use, are water- or
145	145	oil-based, or are primers, sealers, or wood coatings.
146	146	4. A cost-effective process for collecting paint throughout this state in a
147	147	manner that is convenient for consumers, without charging a fee at the time or place
148	148	of collection. This process may be coordinated with any existing collection
149	149	infrastructure for household hazardous waste if agreed upon by the entity
150	150	responsible for that collection.
151	151	5. A goal for the number and geographic distribution of collection sites. Such
152	152	a goal shall ensure that at least 90 percent of state residents have access to a
153	153	collection site within 15 miles of their homes and that there is at least one collection
154	154	site available for every 50,000 state residents, unless the department approves a
155	155	different goal. A manufacturer may designate a retailer as a collection site if the
156	156	retailer consents to act as a collection site and complies with all applicable laws, and
157	157	if the retailer's location is consistent with the maintenance of a cost-effective
158	158	network of collection sites.
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187	187	6. A process for properly managing collected paint using environmentally
188	188	sound management practices and in an economically sound manner. Such a process
189	189	shall prioritize the following methods, in the order listed:
190	190	a. Reuse.
191	191	b. Recycling.
192	192	c. Energy recovery.
193	193	d. Disposal.
194	194	7. A description of an education and outreach program that the manufacturer
195	195	will undertake to inform consumers about paint collection opportunities and about
196	196	the fee included in the sales price of any paint to cover the costs of implementing and
197	197	sustaining the requirements of this section, and to promote the reduction, reuse, and
198	198	recycling of postconsumer paint in this state.
199	199	8. The amount of the fee that the manufacturer, or a retailer of the
200	200	manufacturer's paint, will include in the sales price of any paint to cover the costs
201	201	of implementing and sustaining the requirements of this section under par. (f). Such
202	202	amount shall be reviewed by an independent auditor, selected by the manufacturer
203	203	in consultation with the department, to ensure that the proposed fee will cover but
204	204	not exceed the costs to the manufacturer or retailer to implement and sustain the
205	205	requirements of this section. The department shall review the work product of the
206	206	independent auditor. The cost of the work performed by an independent auditor
207	207	shall be paid by the manufacturer.
208	208	9. Exemptions to any existing laws needed to allow generators of household
209	209	waste and very small quantity generators, as defined under 40 CFR 260.10, to
210	210	transport paint to collection sites and to allow collection sites to collect and
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236	236	SECTION 2 SENATE BILL 1073
237	237	temporarily store such paint. The department shall allow such exemptions to the
238	238	extent that they do not negatively impact human health or the environment.
239	239	(b) Implementation. A manufacturer shall begin implementing an approved
240	240	paint stewardship plan no later than 6 months after the department approves the
241	241	plan under sub. (5) (a). The department may grant an extension to this deadline for
242	242	good cause.
243	243	(c) Department fees. A manufacturer shall pay a fee to the department upon
244	244	submitting a proposed paint stewardship plan under par. (a), and a manufacturer
245	245	operating under an approved paint stewardship plan shall pay an annual fee to the
246	246	department to administer and enforce this section. Fees paid under this paragraph
247	247	shall be deposited into the environmental fund. The department shall establish a
248	248	reasonable amount for the fees required under this paragraph, except that the
249	249	amount of an annual fee for a manufacturer may not exceed 5 percent of the total
250	250	amount of fees included in the sales price of paint under par. (f) by all manufacturers
251	251	in this state during the preceding year. Annual fees shall be paid on a date set forth
252	252	in an approved paint stewardship plan. The department may allow an extension of
253	253	a payment deadline for good cause.
254	254	(d) Reporting. A manufacturer shall submit an annual report to the
255	255	department, on a schedule included in the manufacturer's approved paint
256	256	stewardship plan. The department may extend the deadline for submitting an
257	257	annual report for good cause. An annual report shall contain all of the following:
258	258	1. A description of the methods used to collect paint and manage collected paint
259	259	in the previous year.
260	260	2. The volume and types of paint collected in the previous year, including a
261	261	breakdown by the management methods enumerated under par. (a) 6.
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291	291	3. Samples of educational materials provided to businesses, households, and
292	292	the public in the previous year.
293	293	4. The cost of implementing the requirements of this section in the previous
294	294	year, as supported by an independent financial audit. The independent financial
295	295	auditor shall be chosen by the manufacturer.
296	296	(e) Website. No later than the implementation date under par. (b), a
297	297	manufacturer shall maintain on its website all of the following:
298	298	1. If the manufacturer is a member of a paint stewardship organization under
299	299	sub. (4), the names of each manufacturer in the paint stewardship organization.
300	300	2. A list of the brands of paint covered by an approved paint stewardship plan
301	301	under par. (a) 2.
302	302	3. Annual reports or information relating to annual reports submitted under
303	303	par. (d).
304	304	(f) Consumer fees. A manufacturer, or a retailer of the manufacturer's paint,
305	305	may include a fee in the sales price of any paint to cover the costs of implementing
306	306	and sustaining the requirements of this section. The amount of such fee shall be the
307	307	amount in the approved paint stewardship plan under par. (a) 8. A retailer may
308	308	incorporate the fee as part of the purchase price displayed to consumers or may
309	309	charge the fee separately to consumers at the time of purchase, but in all cases shall
310	310	make the fee clear to consumers before purchase.
311	311	(4) PAINT STEWARDSHIP ORGANIZATIONS. A manufacturer may meet the
312	312	requirements under sub. (3) by participating in a paint stewardship organization
313	313	that complies with the requirements of sub. (3) on behalf of the manufacturer. A
314	314	paint stewardship organization shall be a nonprofit organization organized by or
315	315	made up of one or more manufacturers.
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343	343	(5) DEPARTMENT DUTIES. (a) Plan approvals. Within 60 days after receiving a
344	344	proposed paint stewardship plan under sub. (3) (a), the department shall approve or
345	345	deny the proposed plan. If the department denies the proposed plan, the person
346	346	submitting the proposed plan shall submit an amended proposed paint stewardship
347	347	plan within 45 days after the denial.
348	348	(b) Enforcement. The department shall enforce approved paint stewardship
349	349	plans and may, by rule, establish enforcement procedures. The department may not
350	350	promulgate a rule under this paragraph that takes effect earlier than 10 years after
351	351	the department approves a plan under par. (a).
352	352	(c) Website. 1. Subject to par. (d), the department shall maintain on its website
353	353	all of the following:
354	354	a. The names of manufacturers with approved paint stewardship plans.
355	355	b. A list of the brands of paint listed in approved paint stewardship plans under
356	356	sub. (3) (a) 2.
357	357	c. Information regarding the details of each approved paint stewardship plan.
358	358	d. Annual reports or information relating to annual reports received under sub.
359	359	(3) (d).
360	360	2. A retailer shall be deemed to be in compliance of this section if, on the date
361	361	that the retailer offers paint for sale, the manufacturer of the paint is listed on the
362	362	department's website under subd. 1. a. or the brand of paint is listed on the
363	363	department's website under subd. 1. b.
364	364	(d) Confidentiality. Financial, production, or sales data submitted to the
365	365	department under this section shall be kept confidential and is not open to public
366	366	inspection and copying under s. 19.35 (1). The department may publish such
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395	395	information in a summary or aggregated form that does not identify individual
396	396	manufacturers or retailers.
397	397	(6) ANTITRUST AND UNFAIR TRADE PRACTICES. A manufacturer, retailer, or paint
398	398	stewardship organization is not liable for any claim of a violation of antitrust laws
399	399	or laws relating to fraudulent, deceptive, or unfair methods of competition or trade
400	400	practices arising from conduct that complies with an approved paint stewardship
401	401	plan under this section.
402	402	(END)
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