Current EPR Legislation - Paint

1. PaintCare Paint
Stewardship Program

2. o American Coatings Association
o Advocacy organization - represents manufacturers of paint and
coatings for architectural, industrial maintenance, original
equipment manufacturer, and specialty coatings
o Represents paint and coatings manufacturers as well as raw
material suppliers and individuals in the industry
o PaintCare
o Operational organization – designs and implements all aspects
of the paint stewardship program in states with the law
o Represents all architectural paint manufacturers operating in
PaintCare states (do not need to belong to ACA)
About the Organizations

3. Why Paint
o 50% of household hazardous waste is paint
o Studies show that approximately 10% of paint is
leftover/unused
o 70 millions gallons leftover annually in the US
o Cost and burden falls on municipal governments
and government resources are limited, resulting in
minimal opportunity to recycle or properly dispose
of paint (in most states)

4. o Paint identified as the #1 issue by cost and
volume for HHW Programs
o PPSI formed w/facilitation by Product
Stewardship Institute
o Capable of effectively coordinating multi-stakeholder and multi-state
approach to the issue
o ACA joined PPSI in 2003
o Coordinated approach versus state-by-state approach
o Share information with state and local governments
o Gain better information from non-industry stakeholders
o Goal was to find a resolution
o Status Quo not adequate
Push for Industry Stewardship
Law

5. o 1st MOU for Pilot Projects and Data Gathering
o 2nd MOU in 2007 following ACA Board Resolution
o Develop a nationally coordinated system for the
management of post-consumer waste paint
o Key Elements
o Consumer Education
o No Mandatory Retail Take-Back
o Cost Effective
o Industry Operated PSO
o Market Based Financing
o Begin w/Pilot State
o Legislation need for level-playing field and anti-trust
protection
Push for Industry Stewardship
Law

6. o Needed legislation for level-playing field with
sustainable financing and consistency across
states (“nationally coordinated approach)
o 9 jurisdictions have passed the legislation
(Implementation):
Model Paint Stewardship Legislation
2010: Oregon
2012: California
2013:
Connecticut
2014: Rhode
Island
Vermont
Minnesota
2015: Maine
*

7. o Manufacturers selling paint into the state must
operate a paint management system
• Reduce the generation of postconsumer paint;
promote reuse, and provide system for recycling and
proper disposal of leftover paint
o Requires a plan to be approved by state
environmental agency
• Convenient paint collection locations
• Environmentally responsible paint management
• Goals for reuse, recycling and proper disposal
• Education and outreach plan
• Budget and assessment rate to fund the program
About the Paint Stewardship Law

8. o Requires an annual report to the state
• Total volume of paint collected by type
• Method of disposition (reuse, recycling, proper disposal) for
all paint collected
• Independent financial audit
• Education and Outreach Evaluation
• Reporting and Evaluation of program goals
o Requires annual fee to state agency for plan and annual
report review and for oversight and enforcement
About the Paint Stewardship Law

9. o Financing through a per can assessment fee added to the
product price of each container sold.
• Half pint or less: $ 0.00
• More than half pint to 1 less than 1 gallon: $ 0.35
• 1 gallon: $ 0.75
• More than 1 gallon to 5 gallons: $ 1.60
o Manufacturers pay the fees to PaintCare, on a monthly
basis based on sales in the state and pass them through
to distributors and retailers who add them to the final
purchase price of new paint to make themselves whole.
PaintCare Funding

10. Who Can Use the Program
Latex Program Products
o From residents
o From all businesses
Oil-based Program Products
o From residents
o From VSQG businesses
Note: Not a self-serve program

11. “”Collect the following architectural coatings in 5 gallon
containers or less:
Program Products

12. Non-Program Products

13. Collection System
o Retailers – paint, hardware,
home improvement, reuse
o Household hazardous waste
facilities and events
o Solid waste transfer station,
recycling centers, landfills
o Paint collection events
o Direct pick-up service

14. Education and Outreach
General Ad
Regional Ad

15. POS / Consumer Materials

16. POS / Co-Branded Materials

17. Education / Outreach
Site Locator Tool
Mobile App

18. Municipal Materials

19. Program Highlights
o 1634 Collection Sites
o 81% Retail
o 19% HHW, Transfer Stations, Restores
o > 900 HHW Events
o 65 Paint-only Events
o > 950 Direct Large Volume Pick-ups

20. Program Highlights
o Collected 12 Million Gallons
o 73% of Water-based Turned Back into Paint
o 98% of Oil-based Fuel Blended
o Less than 5% Landfilled
o 61% Million US Consumers Served

21. Program Highlights - Oregon
o First PaintCare program;
started July 2010
o Became permanent July 2013
o 168 sites

22. Oregon Latex Paint Disposition
o Collected 3 million gallons of paint
Water-based: Oil-based:

23. Program Highlights - California
• Started October 19, 2013
• 751 drop-off sites

24. California Paint Disposition
o7 million gallons of paint collected
Water-based: Oil-based:

25. Connecticut Program
oStarted July 1, 2013
o142 sites
oStarted w/collection events

26. Next States
o Vermont started June 2014
o 74 sites
o Rhode Island started July 2014
o 30 sites
o Minnesota started November 2014
o 228 sites
o Colorado started July 1, 2015
o 141 sites
o Maine started October 1, 2015
o 85 sites
o DC slated for 2016

27. Massachusetts
o Bill has passed Senate (SB 2019)
o In House
o Taking direction from House Ways and Means Chair and Speaker on appropriate time to engage
o Opposition:
o Big Box Retailers
o Cross Border Sales
o Using the scalpel approach (versus shotgun)
o Grassroots support for the bill and why the program would work well for Massachusetts more helpful than countering retailers

28. Contact Information
Alison Keane
Vice President, ACA
(202) 719-3703
akeane@paint.org
Marie Clarke
Counsel, ACA
(202)719-3682
mclarke@paint.org