HF 4051

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to solid waste; establishing a pilot program to collect and process used
paint; requiring reports.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin PAINT STEWARDSHIP PILOT PROGRAM.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of sections 1 to 3, the following terms
have the meanings given:
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new text begin (1) "architectural paint" means interior and exterior architectural coatings, including
paints and stains purchased for commercial or homeowner use, but does not include
architectural coatings purchased for industrial or original equipment manufacturer use;
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new text begin (2) "commissioner" means the commissioner of the Pollution Control Agency;
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new text begin (3) "consumer-based cost recovery system" means a system whereby the costs of
the paint stewardship pilot program are passed on to the consumer through the purchase
price of the product;
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new text begin (4) "consumer paint stewardship fee" means the fee charged by the retailer or
distributor on each purchase of architectural paint sold in the state;
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new text begin (5) "manufacturer" means a manufacturer of architectural paint;
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new text begin (6) "paint stewardship fee" means the fee paid by each manufacturer that covers the
amount of the consumer paint stewardship fee for architectural paint the manufacturer
sells in the state;
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new text begin (7) "postconsumer paint" means architectural paint not used by the purchaser; and
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new text begin (8) "retailer" means a person who sells architectural paint at retail.
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new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the paint stewardship pilot program established
under this section is to allow paint manufacturers to develop and implement a program to
collect, transport, and process postconsumer paint to reduce the costs and environmental
impacts of the disposal of postconsumer paint in Minnesota.
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new text begin Subd. 3. new text end

new text begin Plan. new text end

new text begin (a) By July 1, 2008, manufacturers of architectural paint sold at retail
in this state must, through a representative organization, implement a pilot stewardship
program to undertake responsibility for the development and implementation of strategies
to reduce the generation of postconsumer paint, promote the reuse of postconsumer paint,
and collect, transport, and process the end-of-life management of postconsumer paint. A
consumer-based cost recovery system must be established to collect a fee assessed on all
paint sold in the state to recover from consumers the life cycle costs of environmentally
sound reuse or disposal of postconsumer paint. The consumer-based cost recovery system
shall fund the pilot stewardship program in the following manner:
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new text begin (1) all architectural paint manufacturers shall pay a paint stewardship fee based on
the amount of architectural paint they sell in the state;
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new text begin (2) all Minnesota retailers or distributors of architectural paint shall include a
consumer paint stewardship fee in the final retail sales price of all architectural paint sold
by such retailers or distributors in the state; and
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new text begin (3) architectural paint manufacturers shall recover the paint stewardship fees by
invoicing each of their Minnesota retailers or distributors of the architectural paint, who
in turn, shall remit payment for the fees to the architectural paint manufacturer. The
funds used by retailers and distributors to pay such invoices shall be derived from the
consumer paint stewardship fee attached to the sale of architectural paints by retailers
and distributors.
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new text begin (b) To ensure that the consumer cost recovery mechanism is equitable and
sustainable, a uniform consumer paint stewardship fee is established for all paint sold in
the state. The assessed consumer paint stewardship fee must be sufficient to recover the
costs of the program and shall not exceed $1 per gallon.
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new text begin (c) Point-of-purchase material shall be provided to the consumer, in a manner that is
designed to ensure that consumers are made aware that a consumer paint stewardship fee
has been included in the final sales price of the architectural paint.
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new text begin Subd. 4. new text end

new text begin Nonpublic data. new text end

new text begin Data reported to the commissioner by a manufacturer
or organization of manufacturers is classified as nonpublic data, as defined in Minnesota
Statutes, section 13.02, subdivision 9, except that the commissioner may release the
data in summary form in which individual manufacturers or retailers are not identified
and from which neither their identities nor any other characteristics that could uniquely
identify an individual manufacturer or retailer is ascertainable.
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Sec. 2. new text begin ANTICOMPETITIVE CONDUCT.
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new text begin A manufacturer or organization of manufacturers that organizes collection, transport,
and processing of postconsumer paint under section 1 may engage in anticompetitive
conduct to the extent necessary to plan and implement its chosen organized collection
or recycling system and is immune from liability under state laws relating to antitrust,
restraint of trade, unfair trade practices, and other regulation of trade or commerce.
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Sec. 3. new text begin REPORTS.
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new text begin (a) Manufacturers of architectural paint sold at retail in this state must, through a
representative organization, submit an annual report to the commissioner describing the
paint stewardship pilot program. At a minimum, the report must contain:
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new text begin (1) a description of methods used to collect, transport, and process postconsumer
paint in all regions of Minnesota;
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new text begin (2) the total cost of implementing the pilot program;
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new text begin (3) an evaluation of how the pilot program's funding mechanism operated; and
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new text begin (4) examples of educational materials that were provided to consumers of
architectural paint and an evaluation of those methods.
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new text begin (b) By January 1, 2011, the commissioner shall submit a report to the chairs and
ranking minority members of the committees in the senate and house of representatives
that have primary jurisdiction over solid waste policy describing the results of the paint
stewardship pilot program and recommending whether it should be made permanent and
any modifications to improve the functioning and efficiency of the program.
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Sec. 4. new text begin EXPIRATION.
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new text begin Sections 1 to 3 expire November 30, 2010.
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Sec. 5. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 4 are effective the day following final enactment.
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