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SECOND REGULAR SESSION
SENATE BILL NO. 917
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
3838S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 701, RSMo, by adding thereto one new section relating to paint recycling.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 701, RSMo, is amended by adding thereto 1
one new section, to be known as section 701.151, to read as 2
follows:3
701.151. 1. As used in this section, the following 1
terms mean: 2
(1) "Administrative fee", a fee set by the department 3
to reimburse the department for administering this section 4
and paid by each producer or representative organization 5
submitting a plan under this section; 6
(2) "Architectural paint", interior and exterior 7
architectural coatings sold in containers of five gallons or 8
less. "Architectural paint" shall not be construed to 9
include industrial, original equipment, or specialty 10
coatings; 11
(3) "Collection site", any location, event, or other 12
department-approved collection service at which 13
architectural paint is accepted into a post-consumer paint 14
collection program under a post-consumer paint collection 15
program plan; 16
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(4) "Conditionally exempt small quantity generator", 17
the meaning ascribed to "very small generator" under 40 CFR 18
262.14; 19
(5) "Department", the department of natural resources; 20
(6) "Director", the director of the department of 21
natural resources, or the director's designee; 22
(7) "Environmentally sound management practices", 23
procedures for the collection, storage, transportation, 24
reuse, recycling, energy recovery, and disposal of 25
architectural paint that shall: 26
(a) Be implemented by producers or a representative 27
organization or by contracted partners of the producers or a 28
representative organization to ensure compliance with all 29
applicable federal, state, and local laws and any 30
regulations and ordinances for the protection of human 31
health and the environment; 32
(b) Address adequate record keeping, tracking, and 33
documenting of the final disposition of materials; and 34
(c) Address appropriate environmental liability 35
coverage for the representative organization; 36
(8) "Household waste", the same definition as in 10 37
CSR 80.2-010; 38
(9) "Paint" or "paint product", architectural paint 39
and additional products as defined in an approved program 40
plan. "Paint" or "paint product" shall not include 41
industrial or original equipment coatings; 42
(10) "Paint assessment fee", cost added per container 43
of paint by producers. Such cost shall cover the cost to 44
operate and sustain the program authorized under this 45
section and shall be verified by an independent financial 46
auditor; 47
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(11) "Post-consumer paint", architectural paint not 48
used and no longer wanted by a purchaser; 49
(12) "Producer", a manufacturer of architectural paint 50
that sells, offers for sale, or distributes the 51
architectural paint in this state under the producer's own 52
name or brand. "Producer" does not include a retailer who 53
sells, offers for sale, or distributes within or into the 54
state architectural paint manufactured or trademarked by a 55
person other than the retailer; 56
(13) "Program", the post-consumer paint collection 57
program established under this section; 58
(14) "Recycling", the separation and reuse or 59
remanufacture of materials that might otherwise be disposed 60
of as solid waste; 61
(15) "Representative organization", a nonprofit 62
organization established by producers to implement the 63
program; 64
(16) "Retailer", a person who offers architectural 65
paint or other allied products for sale at retail in this 66
state. 67
2. Producers of architectural paint sold at retail in 68
this state may establish or join a representative 69
organization. The duties under this section shall be met by 70
the representative organization on behalf of all its member 71
producers. Any producer who is not a member of a 72
representative organization shall meet the duties under this 73
section separately. 74
3. (1) A representative organization or a producer of 75
architectural paint sold at retail in this state that is not 76
a member of such representative organization shall develop 77
and submit to the director for the director's approval a 78
plan for the establishment of a post-consumer paint 79
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collection program. Additional paint products may be 80
proposed in a subsequent program plan in consultation with 81
the department. The program shall be structured to: 82
(a) Reduce the generation of post-consumer paint; 83
(b) Promote the reuse and recycling of post-consumer 84
paint; 85
(c) Manage the post-consumer paint waste stream using 86
environmentally sound management practices; and 87
(d) Limit the department's role to oversight 88
activities that include approving the program plan and 89
reviewing the annual report. 90
(2) The plan submitted under this section shall: 91
(a) Provide a list of participating producers and 92
brands covered by the program; 93
(b) Provide information on the architectural paint 94
products covered under the program, such as interior or 95
exterior water and oil-based coatings, primers, sealers, or 96
wood coatings; 97
(c) Describe how the program will provide for 98
convenient and cost-effective statewide collection of post- 99
consumer paint in this state. The producers or 100
representative organization may coordinate the program with 101
existing household hazardous waste collection infrastructure 102
as is mutually agreeable. A paint retailer shall be 103
authorized by the producers or representative organization 104
as a paint collection site only if the paint retailer 105
voluntarily agrees to act as such and complies with all 106
applicable laws and regulations and the retail location is 107
consistent with the maintenance of a cost-effective network 108
of paint collection locations; 109
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(d) Establish a goal for the number and geographic 110
distribution of sites for collection of post-consumer paint 111
based on the following criteria: 112
a. At least ninety percent of Missouri residents shall 113
have a collection site within a fifteen-mile radius and one 114
site shall be established for every fifty thousand residents 115
of the state, unless otherwise approved by the director; or 116
b. If the program is unable to meet the requirements 117
of this subsection, a collection event or other department- 118
approved collection service shall be scheduled on a periodic 119
basis to serve such residents; 120
(e) Describe how post-consumer paint will be managed 121
in the most environmentally and economically sound manner 122
using the following strategies in the following order: 123
reuse, recycling, energy recovery, and disposal; 124
(f) Describe education and outreach efforts to inform 125
consumers about the program. Such efforts should 126
incorporate at least: 127
a. Information about collection opportunities for post- 128
consumer paint; 129
b. Information about the charge for the operation of 130
the program that shall be included in the purchase price of 131
all architectural paint sold in this state; and 132
c. Efforts to promote the source reduction, reuse, and 133
recycling of architectural paint; 134
(g) Establish a per-container cost to be added to 135
architectural paint sold in this state as a result of the 136
program. This per-container cost, known as the paint 137
assessment fee, shall be reviewed by an independent 138
financial auditor to ensure that any added cost to paint 139
sold in this state as a result of the program does not 140
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exceed the costs to operate and sustain the program in 141
accordance with sound management practices; and 142
(h) Describe how the program will compensate service 143
providers for activities conducted under the program that 144
may include: 145
a. The collection of post-consumer architectural paint 146
and architectural paint containers through permanent 147
collection sites, collection events, or curbside services; 148
b. The reuse or processing of post-consumer 149
architectural paint at a permanent collection site; and 150
c. The transportation, recycling, and proper disposal 151
of post-consumer architectural paint. 152
(3) The independent financial auditor required under 153
paragraph (g) of subdivision (2) of this subsection shall be 154
selected by the representative organization after 155
consultation with the department. The independent financial 156
auditor shall verify that the cost added to each unit of 157
paint will cover the costs of the program. The department 158
shall review the work product of the independent financial 159
auditor. The cost of any work performed by such independent 160
financial auditor shall be funded by the paint assessment 161
fees authorized by the program. 162
(4) Each manufacturer under the plan shall include in 163
the price of any architectural paint sold to retailers or 164
distributors in the state the per-container amount of the 165
fee set forth in the plan or fee adjustment. If a 166
representative organization implements the plan for a 167
manufacturer, the manufacturer shall be responsible for 168
filing, reporting, and remitting any fee assessed under this 169
section for each container of architectural paint to the 170
representative organization. A retailer or distributor 171
shall not deduct the amount of the fee from the purchase 172
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price of any architectural paint the retailer or distributor 173
sells. 174
(5) No later than sixty days after the submission of a 175
plan under this section, the director shall make a written 176
determination of whether to approve the plan as submitted or 177
disapprove the plan. If the director finds the plan does 178
not meet the requirements of this section, the director 179
shall provide a written explanation of the nonconforming 180
items. Within sixty days following receipt of the 181
director's written explanation of items that do not meet the 182
requirements of this section, the representative 183
organization or the producer of architectural paint shall 184
submit a revised plan to the director for approval. 185
(6) The department shall enforce the producer's or the 186
representative organization's compliance with the plan and 187
may, by regulation or by using existing regulations 188
promulgated under sections 260.230, 260.240, and 260.249, 189
establish enforcement procedures and penalties. 190
(7) No later than the implementation date of the 191
program, information regarding the approved plan, the names 192
of participating producers, and the brands of architectural 193
paint covered by the program shall be posted on the 194
department's website and on the website of the 195
representative organization. 196
(8) The plan required under this subsection shall be 197
submitted to the department not later than twelve months 198
after the effective date of this section. The department 199
may, for good cause shown, grant an extension of the 200
deadline for submission. 201
(9) Nothing in this section shall be construed to 202
require the department to develop the plan or establish the 203
program authorized under this section. Such requirement 204
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shall be the sole responsibility of the producers or 205
representative organization. 206
(10) Nothing in this section shall require a retailer 207
to track, file, report, submit, or remit a fee assessed 208
under this section, sales data, or any other information on 209
behalf of a manufacturer, distributor, or representative 210
organization. Nothing in this section shall prohibit a 211
manufacturer and a retailer from entering into remitter 212
agreements. 213
4. (1) The department shall establish an 214
administrative fee to be paid by each producer or 215
representative organization submitting a plan under this 216
section. The department shall set the fee at an amount 217
that, when paid by every producer or representative 218
organization that submits a plan, is adequate to reimburse 219
the department's full costs of administering this section. 220
The total amount of annual fees collected under this 221
subdivision shall not exceed the amount necessary to 222
reimburse costs incurred by the department to administer 223
this section. The department may consider relevant factors 224
when establishing the fee including, but not limited to, the 225
portion of architectural paint sold in the state by the 226
producer or the members of the representative organization 227
compared to the total amount of architectural paint sold in 228
the state by all producers or representative organizations 229
submitting a plan. 230
(2) Each producer or representative organization 231
implementing a plan under this section shall pay the 232
administrative fee required in subdivision (1) of this 233
subsection on or before July 1, 2027, and annually 234
thereafter. Each year after the initial payment, the annual 235
administrative fee shall not exceed five percent of the 236
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aggregate program fee added to the cost of all architectural 237
paint sold by producers in the state for the preceding 238
calendar year. The department may extend the time for 239
payment upon good cause shown. 240
5. Upon implementation of the program, each producer 241
shall include in the price of any architectural paint sold 242
to retailers and distributors in this state the per- 243
container amount, known as the paint assessment fee, in the 244
approved plan. No retailer or distributor shall deduct such 245
amount from the purchase price. 246
6. Retailers may incorporate the fee as part of the 247
price amount displayed to consumers of architectural 248
products. Retailers shall not be required to incorporate 249
the fee as part of the price amount displayed to consumers 250
for architectural products, provided that the retailers make 251
information about the fee available to consumers of 252
architectural paint products prior to purchase. 253
7. (1) After the program is implemented, no producer 254
or retailer shall sell or offer for sale architectural paint 255
to any person in this state unless the producer of a paint 256
brand or a representative organization is implementing or 257
participating in the program as required by this section. 258
(2) A retailer shall be deemed to be in compliance 259
with this section if, on the date the architectural paint 260
was offered for sale, the producer is listed on the 261
department's website as implementing or participating in the 262
program or if the paint brand is listed on the department's 263
website as being included in the program. 264
(3) A paint collection site authorized under this 265
section shall not charge any additional amount for the 266
disposal of paint when the paint is offered for disposal. 267
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(4) A producer or the representative organization that 268
organizes the collection, transport, and processing of post- 269
consumer paint in accordance with the program shall not be 270
liable for any claim of a violation of antitrust, restraint 271
of trade, unfair trade practice, or other anticompetitive 272
activity arising from conduct undertaken in accordance with 273
the program under this section. 274
(5) Before March thirty-first of each year, the 275
producers or representative organization shall submit an 276
annual report for the previous year to the director that 277
details the program. The first report shall be submitted 278
after the first full year of implementation. The director 279
may, for good cause shown, extend the deadline for filing 280
the report. The report or information relating to the 281
report shall be posted on the department's website and on 282
the website of the representative organization. The report 283
shall contain at least the following: 284
(a) A description of the methods used to collect, 285
transport, and process post-consumer paint in this state; 286
(b) The volume and type of post-consumer paint 287
collected by method of disposition, containing information 288
about reuse, recycling, other methods of processing, and any 289
other related and appropriate information; 290
(c) Samples of educational materials provided to 291
consumers of architectural paint; 292
(d) The total cost of the program; and 293
(e) An independent financial audit completed by an 294
individual financial auditor chosen by the producers or the 295
representative organization. 296
(6) Financial, production, or sales data reported to 297
the department by a producer or by the representative 298
organization shall not be subject to disclosure, but the 299
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director may release a summary form of such data that does 300
not disclose financial, production, or sales data of the 301
producer, retailer, or representative organization. 302
(7) The producers or the representative organization 303
shall implement the program required under this section on 304
January 1, 2028, or six months after the approval of the 305
plan under this section, whichever occurs later. 306
8. (1) Generators of household wastes and 307
conditionally exempt small quantity generators may transport 308
or send architectural paints to a paint collection site to 309
the extent permitted by a program approved by the director. 310
(2) Paint collection sites may collect and temporarily 311
store architectural paints generated by entities specified 312
in subdivision (1) of this subsection in accordance with the 313
requirements of the program in lieu of any otherwise 314
applicable requirements of state laws or regulations. 315
(3) Nothing in this section shall be construed to 316
restrict the collection of architectural paint by a program 317
where such collection is authorized by any other state laws 318
or regulations. 319
(4) Nothing in this section shall be construed to 320
affect any requirements applicable to facilities that treat, 321
dispose, or recycle architectural paint under any other 322
state laws or regulations. 323
9. The director may promulgate all necessary rules and 324
regulations for the administration of this section. Any 325
rule or portion of a rule, as that term is defined in 326
section 536.010, that is created under the authority 327
delegated in this section shall become effective only if it 328
complies with and is subject to all of the provisions of 329
chapter 536 and, if applicable, section 536.028. This 330
section and chapter 536 are nonseverable and if any of the 331
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powers vested with the general assembly pursuant to chapter 332
536 to review, to delay the effective date, or to disapprove 333
and annul a rule are subsequently held unconstitutional, 334
then the grant of rulemaking authority and any rule proposed 335
or adopted after August 28, 2026, shall be invalid and void. 336
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