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H8499
2026 -- H 8499
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LC004430
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- PROPER MANAGEMENT OF UNUSED PAINT
Introduced By:
Representatives J. Brien, Baginski, and Chippendale
Date Introduced:
May 01, 2026
Referred To:
House Corporations
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 23-24.12 of the General Laws entitled "Proper Management of
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Unused Paint" is hereby repealed in its entirety.
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CHAPTER 23-24.12
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Proper Management of Unused Paint
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23-24.12-1. Purpose.
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(a) To establish a cost-effective, convenient, statewide system for the collection, recycling
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and reuse of post-consumer paint.
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(b) To develop a comprehensive strategy, with the cooperation of state entities, producers,
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and retailers, for the proper management of post-consumer paint in a safe and environmentally
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sound manner.
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(c) To provide fiscal and regulatory consistency for all producers of paint that participate
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in the collection system authorized in this chapter.
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(d) To establish effective collection, recycling, management and education programs
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resulting in collection of amounts of unused paint consistent with the goals and targets established
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pursuant to this chapter.
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23-24.12-2. Management of unused architectural paint — Definitions.
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(1) “Architectural paint” means interior and exterior architectural coatings sold in
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containers of five (5) gallons or less. Architectural paint does not include industrial, original
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equipment or specialty coatings.
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(2) “Department” means the department of environmental management.
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(3) “Director” means the director of the department of environmental management.
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(4) “Distributor” means a company that has a contractual relationship with one or more
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producers to market and sell architectural paint to retailers in this state.
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(5) “Environmentally sound management practices” means procedures for the collection,
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storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by
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the representative organization or such representative organization’s contracted partners to ensure
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compliance with all applicable federal, state and local laws, regulations and ordinances and the
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protection of human health and the environment. Environmentally sound management practices
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include, but are not limited to, record keeping, the tracking and documenting of the use and
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disposition of post-consumer paint in and outside of this state, and environmental liability coverage
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for professional services and for the operations of the contractors working on behalf of the
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representative organization.
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(6) “Paint stewardship assessment” means the amount added to the purchase price of
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architectural paint sold in this state that is necessary to cover the cost of collecting, transporting
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and processing post-consumer paint by the representative organization pursuant to the paint
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stewardship program.
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(7) “Post-consumer paint” means architectural paint that is not used and that is no longer
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wanted by a purchaser of architectural paint.
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(8) “Producer” means a manufacturer of architectural paint who sells, offers for sale,
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distributes or contracts to distribute architectural paint in this state.
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(9) “Recycling” means any process by which discarded products, components and by-
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products are transformed into new, usable or marketable materials in a manner in which the original
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products may lose their identity.
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(10) “Representative organization” means the nonprofit organization created by producers
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to implement the paint stewardship program described in § 23-24.11-3.
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(11) “Retailer” means any person who offers architectural paint for sale at retail in this
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state.
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(12) “Reuse” means the return of a product into the economic stream for use in the same
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kind of application as the product was originally intended to be used, without a change in the
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product’s identity.
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(13) “Sell” or “sale” means any transfer of title for consideration including, but not limited
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to, remote sales conducted through sales outlets, catalogues, the Internet or any other similar
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electronic means.
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23-24.12-3. Establishment of paint stewardship program.
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(a) On or before March 1, 2014, each producer shall join the representative organization
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and such representative organization shall submit a plan for the establishment of a paint stewardship
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program to the department for approval. The program shall minimize the public sector involvement
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in the management of post-consumer paint by reducing the generation of post-consumer paint,
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negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an
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appropriately licensed facility post-consumer paint using environmentally sound management
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practices.
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(b) The program shall also provide for convenient and available state-wide collection of
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post-consumer paint that, at a minimum, provides for collection rates and convenience greater than
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the collection programs available to consumers prior to such paint stewardship program; propose a
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paint stewardship assessment; include a funding mechanism that requires each producer who
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participates in the representative organization to remit to the representative organization payment
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of the paint stewardship assessment for each container of architectural paint sold within the state;
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include an education and outreach program to help ensure the success of the program; and, work
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with the department and Rhode Island commerce corporation to identify ways in which the state
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can motivate local infrastructure investment, business development and job creation related to the
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collection, transportation and processing of post-consumer paint.
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(c) The plan submitted to the department pursuant to this section shall:
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(1) Identify each producer participating in the paint stewardship program and the brands of
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architectural paint sold in this state covered by the program;
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(2) Identify how the representative organization will provide convenient, statewide
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accessibility to the program;
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(3) Set forth the process by which an independent auditor will be selected and identify the
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criteria used by the representative organization in selecting independent auditor;
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(4) Identify, in detail, the educational and outreach program that will be implemented to
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inform consumers and retailers of the program and how to participate;
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(5) Identify the methods and procedures under which the paint stewardship program will
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be coordinated with the Rhode Island resource recovery corporation;
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(6) Identify, in detail, the operational plans for interacting with retailers on the proper
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handling and management of post-consumer paint;
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(7) Include the proposed, audited paint assessment as identified in this section;
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(8) Include the targeted annual collection rate;
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(9) Include a description of the intended treatment, storage, transportation and disposal
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options and methods for the collected post-consumer paint; and
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(10) Be accompanied by a fee in the amount of two thousand five hundred dollars ($2,500)
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to be deposited into the environmental response fund to cover the review of said plan by the
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department.
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(d) Not later than sixty (60) days after submission of a plan pursuant to this section, the
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department shall make a determination whether to:
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(1) Approve the plan as submitted;
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(2) Approve the plan with conditions; or
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(3) Deny the plan.
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(e) Not later than three (3) months after the date the plan is approved, the representative
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organization shall implement the paint stewardship program.
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(f) On or before March 1, 2014, the representative organization shall propose a uniform
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paint stewardship assessment for all architectural paint sold in this state. Such proposed paint
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stewardship assessment shall be reviewed by an independent auditor to assure that such assessment
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is consistent with the budget of the paint stewardship program described in this section and such
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independent auditor shall recommend an amount for such paint stewardship assessment to the
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department. The department shall be responsible for the approval of such paint stewardship
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assessment based upon the independent auditor’s recommendation. If the paint stewardship
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assessment previously approved by the department pursuant to this section is proposed to be
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changed, the representative organization shall submit the new, adjusted uniform paint stewardship
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assessment to an independent auditor for review. After such review has been completed, the
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representative organization shall submit the results of said auditor’s review and a proposal to amend
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the paint stewardship assessment to the department for review. The department shall review and
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approve, in writing, the adjusted paint stewardship assessment before the new assessment can be
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implemented. Any proposed changes to the paint stewardship assessment shall be submitted to the
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department no later than sixty (60) days prior to the date the representative organization anticipates
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the adjusted assessment to take effect.
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(g) On and after the date of implementation of the paint stewardship program pursuant to
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this section, the paint stewardship assessment shall be added to the cost of all architectural paint
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sold to retailers and distributors in this state by each producer. On and after such implementation
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date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship
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assessment to the purchase price of all architectural paint sold in this state.
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(h) Any retailer may participate, on a voluntary basis, as a paint collection point pursuant
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to such paint stewardship program and in accordance with any applicable provision of law or
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regulation.
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(i) Each producer and the representative organization shall be immune from liability for
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any claim of a violation of antitrust law or unfair trade practice if such conduct is a violation of
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antitrust law, to the extent such producer or representative organization is exercising authority
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pursuant to the provisions of this section.
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(j) Not later than the implementation date of the paint stewardship program, the department
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shall list the names of participating producers the brands of architectural paint covered by such
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paint stewardship program and the cost of the approved paint stewardship assessment on its
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website.
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(k)(1) On and after the implementation date of the paint stewardship program, no producer,
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distributor or retailer shall sell or offer for sale architectural paint to any person in this state if the
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producer of such architectural paint is not a member of the representative organization.
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(2) No retailer or distributor shall be found to be in violation of the provisions of this section
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if, on the date the architectural paint was ordered from the producer or its agent, the producer or
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the subject brand of architectural paint was listed on the department’s website in accordance with
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the provisions of this section.
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(l) Producers or the representative organization shall provide retailers with educational
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materials regarding the paint stewardship assessment and paint stewardship program to be
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distributed at the point of sale to the consumer. Such materials shall include, but not be limited to,
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information regarding available end-of-life management options for architectural paint offered
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through the paint stewardship program and information that notifies consumers that a charge for
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the operation of such paint stewardship program is included in the purchase price of all architectural
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paint sold in this state.
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(m) On or before October 15, 2015, and annually thereafter, the representative organization
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shall submit a report to the director of the department of environmental management that details
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the paint stewardship program. Said report shall include a copy of the independent audit detailed
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in subdivision (4) below. Such annual report shall include, but not be limited to:
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(1) A detailed description of the methods used to collect, transport and process post-
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consumer paint in this state;
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(2) The overall volume of post-consumer paint collected in this state;
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(3) The volume and type of post-consumer paint collected in this state by method of
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disposition, including reuse, recycling and other methods of processing or disposal;
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(4) The total cost of implementing the program, as determined by an independent financial
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audit, as performed by an independent auditor;
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(5) An evaluation of the adequacy of the program’s funding mechanism;
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(6) Samples of all educational materials provided to consumers of architectural paint and
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participating retailers; and
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(7) A detailed list of efforts undertaken and an evaluation of the methods used to
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disseminate such materials including recommendations, if any, for how the educational component
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of the program can be improved.
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(n) The representative organization shall update the plan, as needed, when there are
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changes proposed to the current program. A new plan or amendment will be required to be
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submitted to the department for approval when:
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(1) There is a change to the amount of the assessment; or
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(2) There is an addition to the products covered under the program; or
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(3) There is a revision of the product stewardship organization’s goals: or
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(4) Every four (4) years, if requested, in writing, by the department the representative
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organization shall notify the department annually, in writing, if there are no changes proposed to
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the program and the representative organization intends to continue implementation of the program
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as previously approved by the department.
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23-24.12-4. Regulations.
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The department shall promulgate regulations recognizing conditionally exempt small
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quantity generators of hazardous waste consistent with federal Environmental Protection Agency
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standards. The department is hereby authorized to promulgate additional rules and regulations as
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necessary to implement and carry out the provisions of this chapter.
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23-24.12-5. Violations.
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A violation of any of the provisions of this chapter or any rule or regulation promulgated
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pursuant to § 23-24.11-4 shall be punishable by a civil penalty not to exceed one thousand dollars
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($1,000). In the case of a second and any subsequent violation, the civil penalty shall not exceed
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five thousand dollars ($5,000) for each violation.
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23-24.12-6. Reporting to the general assembly.
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Not later than January 15, 2016, and biennially thereafter, the director shall submit a report
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to the general assembly that describes the results and activities of the paint stewardship program as
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enacted pursuant to this chapter including any recommendations to improve the functioning and
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efficiency of the paint collection program, as necessary.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- PROPER MANAGEMENT OF UNUSED PAINT
***
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This act would repeal the system for proper management of unused paint.
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This act would take effect upon passage.
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