Requiring paint manufacturers to administer paint collection programs, granting rule-making authority, and making an appropriation. (FE)

Under the bill, all of these requirements may be undertaken on behalf of a manufacturer by a paint stewardship organization, which must be a nonprofit organization organized by or made up of one or more manufacturers.

To be approved by DNR, a proposed paint stewardship plan must include specific information, such as a list of all the brands of paint the manufacturer sells in this state; provisions for collecting paint in a cost-effective manner that is convenient to consumers, without charging a fee at the time or place of collection; a goal for the number and geographic distribution of paint collection sites; a process for properly managing collected paint using environmentally sound management practices; a description of an education and outreach program that the manufacturer will undertake to inform consumers about paint collection opportunities and to promote the reduction, reuse, and recycling of paint in this state; and a list of exemptions to any existing laws that will be needed to allow for the collection and temporary storage of paint. A manufacturer must also include in its proposed paint stewardship plan the amount of any fee that the manufacturer or a retailer will include in the sales price of any paint to cover the costs of implementing and sustaining the requirements of the bill. Such amount must be reviewed by an independent auditor, selected by the manufacturer in consultation with DNR, to ensure that the proposed fee does not exceed the costs to the manufacturer or retailer to implement and sustain the requirements under the bill.

The bill requires DNR to approve or deny a proposed paint stewardship plan within 60 days of receipt. If DNR denies a proposed plan, the applicant must submit an amended plan within 45 days of the denial. The bill requires paint manufacturers to begin implementing an approved plan within six months of approval.

The bill also requires DNR to maintain a website that lists the names of manufacturers with approved plans and the brands of paint covered by an approved paint stewardship plan and includes copies of all annual reports submitted by manufacturers with approved paint stewardship plans.

Finally, the bill provides that a manufacturer, retailer, or paint stewardship organization is not liable for any claims of a violation of antitrust laws or laws relating to fraudulent, deceptive, or unfair methods of competition or trade practices arising from conduct that complies with an approved paint stewardship plan.