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Substitute Senate Bill No. 147
Public Act No. 26-107
AN ACT CONCERNING THE INCLUSION OF AEROSOL PAINTS
UNDER THE PAINT STEWARDSHIP PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a -904 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
For purposes of this section and section 22a-904a, as amended by this
act:
(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
products 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] products, in accordance with
all applicable federal, state and local laws, regulations and ordinances
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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 products 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] a paint stewardship program.
(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 products sold in this state that is
necessary to cover the cost of collecting, transporting and processing
postconsumer paint products by [the] a representative organization
pursuant to [the] a paint stewardship program.
(6) "Postconsumer paint" means [architectural] any paint product that
is not used and that is no longer wanted by a purchaser of [architectural]
a paint product.
(7) "Producer" means a manufacturer of [architectural] any paint
product who sells, offers for sale, distributes or contracts to distribute
[architectural] a paint product 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
products for sale at retail in this state.
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(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] a nonprofit
organization created by producers to implement the paint stewardship
program described in section 22a-904a, as amended by this act.
(14) "Department" means the Department of Energy and
Environmental Protection.
(15) "Aerosol coating product" means any pressurized coating
product that contains pigments or resins dispensed by means of a
propellant and that is packaged and sold in a disposable aerosol
container for handheld application or for use in specialized equi pment
for ground traffic or marking applications. "Aerosol coating product"
does not include any paint thinner, paint remover, graffiti remover or
caulking compound that contains no appreciable level of opaque fillers
or pigments.
(16) "Paint product" or "paint" means any architectural paint or
aerosol coating product. "Paint product" or "paint" does not include any
health and beauty product.
Sec. 2. Section 22a -904a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
(a) (1) On or before March 1, 2013, each producer of architectural
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paint 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. On or before July 1, 2028, each producer of aerosol coating
products shall join the representative organization and such
representative organization shall submit to the commissioner, for
approval, a plan, or an update to a previously approved plan, for a paint
stewardship program to inclu de all paint products. 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] a
representative organization to remit to the representative organization
payment of the paint stewardship assessment for each container of
[architectural] paint product such producer sells in this state. The
representative organization may propose an update to a previously
approved paint stewardship program plan by submitting a plan update
to the commissioner.
(2) [The] Any 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 products
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
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feasible and mutually agreeable.
(3) The commissioner may approve [the] any plan for the
establishment of a paint stewardship program or an update to a
previously approved paint stewardship plan that meets the
requirements of subdivisions (1) and (2) of this subsection. Not later
than [two] three months after submission of [the] a plan or an update to
a previously approved plan pursuant to this subsection, the
commissioner shall make a determination whether or not to approve
[the] such plan or update.
(4) Not later than [two] six months after the date [the] a plan or
update is approved pursuant to subdivision (3) of this subsection, the
representative organization shall implement the paint stewardship
program. Any such approved plan shall remain in effect until any
approved plan updates are implemented pursuant to this subdivision.
(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] The proposed paint stewardship assessment submitted as part of
a plan or plan update 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 recomm end an amount for such paint
stewardship assessment [to the department] that shall be included in the
paint stewardship program plan or plan update submitted by the
representative organization to the commissioner for approval . 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
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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 subd ivision (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
products 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] charge the amount of such paint stewardship
assessment [to the purchase price of ] on all [architectural] paint
products 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 products covered by such paint
stewardship program on its Internet web site.
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(f) (1) [On and after the implementation date of the paint stewardship
program, no] 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]
participant in the approved paint stewardship program . On and after
the implementation date of a paint stewardship plan that includes
aerosol coatings, no producer, distributor or retailer shall sell or offer for
sale paint products in this state if the producer of such paint products is
not a participant in the approved paint stewardship program.
(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 product was ordered from the producer or its
agent, the producer or the subject brand of [architectural] paint was
listed on the department's Internet 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 manage ment options for [architectural] paint products 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 o f all [architectural] paint
products sold in this state.
(h) On or before October 30, [2017] 2026, 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:
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(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 dispo sition, 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 products and an
evaluation of the methods used to disseminate such materials.
(i) Not later than January 15, [2015] 2027, 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 t hat describes the results of the paint
stewardship program and recommends modifications to improve the
functioning and efficiency of such program, as necessary.
(j) Not earlier than July 1, 2027, and annually thereafter, the
commissioner may assess the representative organization that
implement's an approved paint stewardship plan, pursuant to this
section, a fee of not more than fifty thousand dollars for the
administration and enforcement of this section. Such fee shall be
inclusive of all fees charged annually by the commissioner to such
representative organization.