Sec. 22a-904. Paint stewardship program. Definitions. For purposes of this section and section 22a-904a:
(1) "Architectural paint" means interior and exterior architectural coatings sold in
containers of five gallons or less. "Architectural paint" does not include industrial, original equipment or specialty coatings.
(2) "Distributor" means a company that has a contractual relationship with one or
more producers to market and sell architectural paint to retailers in this state.
(3) "Environmentally sound management practices" means procedures for the collection, storage, transportation, reuse, recycling and disposal of architectural paint, to
be implemented by the representative organization or such representative organization's
contracted partners to ensure compliance with all applicable federal, state and local laws,
regulations and ordinances and the protection of human health and the environment.
"Environmentally sound management practices" include, but are not limited to, record
keeping, the tracking and documenting of the fate of postconsumer paint in and outside
of this state, and environmental liability coverage for professional services and for the
operations of the contractors working on behalf of the representative organization.
(4) "Energy recovery" means the process by which all or a portion of solid waste
materials are processed or combusted in order to utilize the heat content or other forms
of energy derived from such solid waste materials.
(5) "Paint stewardship assessment" means the amount added to the purchase price
of architectural paint sold in this state that is necessary to cover the cost of collecting,
transporting and processing postconsumer paint by the representative organization pursuant to the paint stewardship program.
(6) "Postconsumer paint" means architectural paint that is not used and that is no
longer wanted by a purchaser of architectural paint.
(7) "Producer" means a manufacturer of architectural paint who sells, offers for
sale, distributes or contracts to distribute architectural paint in this state.
(8) "Recycling" means any process by which discarded products, components and
by-products are transformed into new, usable or marketable materials in a manner in
which the original products may lose their identity. "Recycling" does not include energy
recovery.
(9) "Retailer" means any person who offers architectural paint for sale at retail in
this state.
(10) "Reuse" means the return of a product into the economic stream for use in the
same kind of application as the product was originally intended to be used, without a
change in the product's identity.
(11) "Commissioner" means the Commissioner of Energy and Environmental Protection.
(12) "Sell" or "sale" means any transfer of title for consideration including, but not
limited to, remote sales conducted through sales outlets, catalogues, the Internet or any
other similar electronic means.
(13) "Representative organization" means the nonprofit organization created by
producers to implement the paint stewardship program described in section 22a-904a.
(14) "Department" means the Department of Energy and Environmental Protection.
(P.A. 11-24, S. 1; 11-80, S. 1.)
History: P.A. 11-24 effective June 3, 2011; pursuant to P.A. 11-80, "Commissioner of Environmental Protection" and
"Department of Environmental Protection" were changed editorially by the Revisors to "Commissioner of Energy and
Environmental Protection" and "Department of Energy and Environmental Protection", respectively, effective July 1, 2011.
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Sec. 22a-904a. Paint stewardship program. Establishment plan. Assessment.
Immunity from liability. Sale prohibition. Consumer educational materials. Reports. (a)(1) On or before March 1, 2013, each producer shall join the representative
organization and such representative organization shall submit a plan for the establishment of a paint stewardship program described in this subdivision to the commissioner
for approval. Such paint stewardship program shall: (A) Minimize public sector involvement in the management of postconsumer paint by: (i) Reducing the generation of postconsumer paint, (ii) promoting the reuse and recycling of postconsumer paint, and (iii)
negotiating and executing agreements to collect, transport, reuse, recycle, burn for energy recovery and dispose of postconsumer paint using environmentally sound management practices; (B) provide for convenient and available state-wide collection of postconsumer paint that, at a minimum, provides for collection rates and convenience equal
to, or greater than, the collection programs available to consumers prior to such paint
stewardship program; (C) propose a paint stewardship assessment; and (D) include a
funding mechanism that requires each producer who participates in the representative
organization to remit to the representative organization payment of the paint stewardship
assessment for each container of architectural paint such producer sells in this state.
(2) The plan submitted pursuant to subdivision (1) of this subsection shall: (A)
Identify each producer participating in the paint stewardship program and the brands
of architectural paint sold in this state covered by the program; and (B) address the
coordination of the paint stewardship program with existing household hazardous waste
collection infrastructure, as much as is reasonably feasible and mutually agreeable.
(3) The commissioner may approve the plan for the establishment of a paint stewardship program that meets the requirements of subdivisions (1) and (2) of this subsection.
Not later than two months after submission of the plan pursuant to this subsection, the
commissioner shall make a determination whether or not to approve the plan.
(4) Not later than two months after the date the plan is approved pursuant to subdivision (3) of this subsection, the representative organization shall implement the paint
stewardship program.
(b) (1) On or before March 1, 2013, and every two years thereafter, the representative organization shall propose a uniform paint stewardship assessment for all
architectural paint sold in this state. Such proposed paint stewardship assessment shall
be reviewed by an independent auditor to assure that such assessment does not exceed
the costs of the paint stewardship program described in subsection (a) of this section
and such independent auditor shall recommend an amount for such paint stewardship
assessment to the department. The department shall be responsible for the approval of
such paint stewardship assessment. Such independent auditor shall be selected by the
department and the department shall be responsible for the review of the work product
of such independent auditor, including, but not limited to, the review of such auditor's
assessment of the bid and purchase procedures utilized by the representative organization to implement such program. The department may terminate the services of any
such independent auditor. Not less than once every five years, the department shall
select a different independent auditor to perform the duties described in this subdivision
and subdivision (4) of subsection (h) of this section. The cost of any work performed
by such independent auditor pursuant to the provisions of this subdivision and subdivision (4) of subsection (h) of this section shall be funded by the paint stewardship assessment.
(2) On and after the date of implementation of the paint stewardship program pursuant to subdivision (4) of subsection (a) of this section, the paint stewardship assessment,
as established pursuant to subdivision (1) of this subsection, shall be added to the cost
of all architectural paint sold to retailers and distributors in this state by each producer.
On and after such implementation date, each retailer or distributor, as applicable, shall
add the amount of such paint stewardship assessment to the purchase price of all architectural paint sold in this state.
(c) Any retailer may participate, on a voluntary basis, as a paint collection point
pursuant to such paint stewardship program and in accordance with any applicable provision of law or regulation.
(d) Each producer and the representative organization shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice if such conduct
is a violation of antitrust law, to the extent such producer or representative organization
is exercising authority pursuant to the provisions of this section.
(e) Not later than the implementation date of the paint stewardship program, the
department shall list the names of participating producers and the brands of architectural
paint covered by such paint stewardship program on its web site.
(f) (1) On and after the implementation date of the paint stewardship program, no
producer, distributor or retailer shall sell or offer for sale architectural paint to any
person in this state if the producer of such architectural paint is not a member of the
representative organization.
(2) No retailer or distributor shall be found to be in violation of the provisions of
subdivision (1) of this subsection if, on the date the architectural paint was ordered from
the producer or its agent, the producer or the subject brand of architectural paint was
listed on the department's web site in accordance with the provisions of subsection (e)
of this section.
(3) The commissioner may seek civil enforcement of the provisions of this subsection pursuant to chapter 439.
(g) Producers or the representative organization shall provide consumers with educational materials regarding the paint stewardship assessment and paint stewardship
program. Such materials shall include, but not be limited to, information regarding
available end-of-life management options for architectural paint offered through the
paint stewardship program and information that notifies consumers that a charge for the
operation of such paint stewardship program is included in the purchase price of all
architectural paint sold in this state.
(h) On or before August 15, 2014, and annually thereafter, the representative organization shall submit a report to the Commissioner of Energy and Environmental Protection that details the paint stewardship program. Such report shall include, but not be
limited to: (1) A description of the methods used to collect, transport and process postconsumer paint in this state; (2) the volume of postconsumer paint collected in this state;
(3) the volume and type of postconsumer paint collected in this state by method of
disposition, including reuse, recycling and other methods of processing; (4) the total
cost of implementing the program, as determined by an independent financial audit, as
performed by the independent auditor described in subdivision (1) of subsection (b) of
this section and funded by the paint stewardship assessment; (5) an evaluation of the
operation of the program's funding mechanism; and (6) samples of educational materials
provided to consumers of architectural paint and an evaluation of the methods used to
disseminate such materials.
(i) Not later than January 15, 2015, and biennially thereafter, the Commissioner of
Energy and Environmental Protection shall submit, in accordance with section 11-4a,
a report to the joint standing committee of the General Assembly having cognizance of
matters relating to the environment that describes the results of the paint stewardship
program and recommends modifications to improve the functioning and efficiency of
such program, as necessary.
(P.A. 11-24, S. 2; 11-80, S. 1.)
History: P.A. 11-24 effective June 3, 2011; pursuant to P.A. 11-80, "Commissioner of Environmental Protection" was
changed editorially by the Revisors to "Commissioner of Energy and Environmental Protection", effective July 1, 2011.
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