Request to (town) Board of (health, selectmen,…)to sign a letter in support of S2052,
“An Act establishing the Massachusetts paint stewardship program”
- Reported favorably out of Joint committee on Environment, Natural Resources and Agriculture
- Now in Senate Ways and Means
- Actively supported by :
- Mass. Municipal Association
- American Coatings Association (representing 95% of paint industry)
- MassRecycle
- Clean Water Action
- twenty other municipal entities
- Holds the paint industry responsible for collecting and managing leftover paint
- Shifts costs from municipalities to industry
- Town of (Town) spends approximately $xxx/year to manage this waste stream (40% of HHW cost plus about 10c/resident – see table page 3)
- Creates convenient paint collection and recycling infrastructure for residents, with year round dropoff locations at paint retailers and hardware stores.
- Residents currently have one HHW day/year to properly dispose oil based paint, stain and deck sealer, or dry and dispose (latex) paint in trash.
- Funded by advance recovery fee of approximately $0.75/gallon on all new purchases of paint ($1.60/5 gallon container)
- Eight states have already passed or enacted paint stewardship laws, including Connecticut, Vermont, Maine, and Rhode Island
SAMPLE PAINT BILL SUPPORT LETTER
Town Letterhead
January XX , 2016
Chairman Brian Dempsey
House Committee on Ways and Means
State House Room 243
Boston, MA 02133
RE: Support For S.2052: An Act establishing the Massachusetts paint stewardship program
Dear Chairman Dempsey:
Each year, about 10 percent of paint purchased by Massachusetts residents is unused, resulting in an estimated 1.57 million gallons of leftover paint per year. If all this paint were to be managed properly through household hazardous waste (HHW) collections, it would cost about $12.6 million per year.
The Town of Town spends $XXX/year to collect and managelatex and oil based paint and stain each year, through our HHW collection and in the trash.
The TownBoard of XXstrongly supports S.2052. This legislation would establish a convenient statewide paint collection and recycling program for all Massachusetts residents and businesses that is operated and financed by the paint industry.
S.2052 is actively supported by the American Coatings Association (ACA), which represents 95 percent of U.S. paint manufacturers. ACA’s support has been a key reason for the passage of effective paint stewardship laws across the US.
In the past five years, paint stewardship laws have been enacted in eight states, including Connecticut, Rhode Island, Vermont and Maine. Massachusetts towns can realize significant savings while greatly expanding opportunities for the safe management of leftover paint for our residents. In Oregon, which has the country’s first paint stewardship law, the collection infrastructure increased from 15 HHW locations prior to inception to nearly 150 collection sites today (including 132 retail locations). Oregon’s Metro regional government also reported that the industry’s program saved it more than $1 million in the first year alone, a nearly 20 percent reduction of its $5.4 million HHW program budget.
Support for S.2052would extend Massachusetts’ current product stewardship leadership to a fourthconsumer product, architectural paint. We urge your support for this important legislation.
Sincerely,
[Name]
[Position]
HHW collection / date / flammables lbs, incl 80% paint, stain / other lbs / total lbs / total cost / oil paint cost (est 80% of flammables) / Separate coll cost (see below) / est disposal cost in regular trash (avg 10c/ resident) / Total annual paint costAbington / 10/5/13 / 1000 / 2440 / 3,440 / $2,440 / $567 / $1,500 / $2,067
Cohasset / 5/31/14 / 1390 / 380 / 1,770 / 1211 / $761 / $1,300 / $750 / $2,811
Duxbury / 5/10/14 / 1250 / 1570 / 2,820 / $3,326 / $1,179 / $1,800 / $1,500 / $4,479
Hanover / 10/19/13 / 1950 / 2790 / 4,740 / $4,151 / $1,366
Hanover / 4/26/14 / 2300 / 2995 / 5,295 / $4,549 / $1,581 / $1,400 / $4,347
Hanson / 4/5/14 / 2000 / 4215 / 6,215 / $4,182 / $1,076 / $1,000 / $2,076
Hingham / 5/17/14 / 8460 / 3762 / 12,222 / $10,387 / $5,752 / $2,200 / $7,952
Kingston / 5/10/14 / 1250 / 1570 / 2,820 / $3,326 / $1,179 / $1,200 / $2,379
Norwell / 10/19/13 / 325 / 465 / 790 / $692 / $228 / $1,300 / $1,000 / $2,528
Plymouth / 9/21/13 / 7500 / 5700 / 13,200 / $7,242 / $3,292
Plymouth / 4/12/14 / 2500 / 7450 / 9,950 / $6,350 / $1,276 / $5,000 / $9,568
Rockland / 10/19/13 / 325 / 465 / 790 / $692 / $228 / $1,800 / $2,028
Scituate / 5/31/14 / 12510 / 3402.9 / 15,913 / $10,900 / $6,856 / $1,800 / $8,656
Weymouth / 10/26/13 / 4200 / 8740 / 12,940 / $10,735 / $2,787
Weymouth / 4/5/14 / 3470 / 6226 / 9,696 / $11,748 / $3,364 / $23,000 / $5,500 / $34,651
Whitman / 10/5/13 / 1000 / 2440 / 3,440 / $2,440 / $567 / $1,500 / $2,067
TOTAL / FY14 / 51430 / 54611 / 106,041 / $84,370 / $32,060 / $27,400 / $26,150 / $85,610
separate oil paint pickup
Duxbury / 12/12/13 / 2400 / paint only / 2400 / $1,800 / $1,800
Weymouth / 47000 / paint only / 47000 / $23,000 / $23,000
Norwell / 1600 / paint only / 1600 / $1,300 / $1,300
Cohasset / 1600 / paint only / 1600 / $1,300 / $1,300
TOTAL / 108500 / 52600 / $27,400
SENATE...... No.2052
The Commonwealth ofMassachusetts
In the One Hundred and Eighty-Ninth General Court (2015-2016)
An Act establishing the paint stewardshipprogram.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by theauthority of the same, asfollows:
1SECTION 1. Chapter 21H of the General Laws is hereby amended by addingthe
2followingsection:-
3Section 9. (a) As used in this section, the following words shall have thefollowing
4meanings unless the context clearly requiresotherwise:
5“Architectural paint”, interior and exterior architectural coatings sold in containers of5
6gallons or less; provided, however, that “architectural paint” shall not include industrial,original
7equipment or specialtycoatings.
8“Commissioner”, the commissioner of environmentalprotection.
9“Department”, the department of environmentalprotection.
10“Distributor”, a company that has a contractual relationship with a producer tomarket
11and sell architectural paint to retailers in thecommonwealth.
12“Energy recovery”, recovery in which all or a part of the solid waste materialsare
13processed in order to use the heat content or other forms of energy of or from thematerial.
14“Environmentally sound management practices”, procedures for the collection,storage,
15transportation, reuse, recycling and disposal of architectural paint, to be implemented bythe
16producer or stewardship organization or by the producer’s or stewardshiporganization’s
17contracted partners to ensure compliance with all applicable federal, state and local laws andany
18regulations and ordinances for the protection of human health and the environment;provided,
19however, that such procedures shall address adequate record keeping, tracking anddocumenting
20of the final disposition of materials and adequate environmental liability coveragefor
21professional services and for the operations of the contractors working on behalf of theproducer
22or stewardshiporganization.
23“Paint stewardship assessment”, the amount added to the purchase price ofarchitectural
24paint sold in the commonwealth which is necessary to cover the paint stewardshipprogram’s
25cost of collecting, transporting and processing the postconsumer paint throughoutthe
26commonwealth.
27“Postconsumer paint”, architectural paint not used and no longer wanted by apurchaser.
28“Producer”, a manufacturer of architectural paint who sells, offers for sale ordistributes
29the architectural paint in the commonwealth under the producer’s own name orbrand.
30“Program”, the paint stewardship program established pursuant to subsection(b).
31“Recycling”, a process by which discarded products, components and by-productsare
32transformed into new usable or marketable materials in a manner in which the originalproducts
33may lose their identity; provided, however, that “recycling” shall not include energy recoveryor
34energy generation by means of combusting discarded products, components andby-products
35with or without other wasteproducts.
36“Representative organization”, a nonprofit organization established by a producerto
37implement the paint stewardshipprogram.
38“Retailer”, a person that offers architectural paint for sale at retail in thecommonwealth.
39“Reuse”, the return of a product into the economic stream for use in the same kindof
40application as originally intended without a change in the product’sidentity.
41“Sale”, a transfer of title for consideration, including remote sales conductedthrough
42sales outlets, catalogs or the Internet or any other similar electronicmeans.
43(b)(1) A producer of architectural paint sold at retail in the commonwealth ora
44representative organization shall submit to the commissioner for the commissioner’s approvala
45plan for the establishment of a paint stewardship program. The program shall: (i)minimize
46public sector involvement in the management of postconsumer paint by reducing itsgeneration,
47promoting its reuse and recycling and negotiating and executing agreements to collect,transport,
48reuse, recycle, burn for energy recovery and dispose of postconsumer paintusing
49environmentally sound management practices; (ii) provide for convenient andavailable
50statewide collection of postconsumer architectural paint that at a minimum providesfor
51collection rates and convenience equal to or greater than the collection programs availableto
52consumers prior to the establishment of the program; (iii) address the coordination ofthe
53program with existing household hazardous waste collection infrastructure as is feasibleand
54mutually agreeable; (iv) demonstrate that at least 90 per cent of residents shall have acollection
55site within a 15-mile radius and at least 1 collection site shall be established in eachmunicipality
56with a population of 50,000 or more unless otherwise approved by the department; and(v)
57ensure regional equity in the convenience and availability of statewide collection sites.Other
58than the paint stewardship assessment pursuant to subsection (c), no fee shall be charged toan
59individual who disposes of paint at a collection site in accordance with thissection.
60(2) The plan submitted to the department under this sectionshall:
61(i) identify, in detail, the educational and outreach programs tobe
62implemented to inform consumers and retailers of the program and how toparticipate;
63(ii) identify the methods and procedures under which the paintstewardship
64program will be coordinated with thedepartment;
65(iii) include a timeframe for complying with clauses (iv) and (v)of
66paragraph(1);
67(iv) identify, in detail, the operational plans for interacting withretailers
68on the proper handling and management of postconsumerpaint;
69(v) include the targeted annual collectionrate;
70(vi) include a description of the intended treatment, storage,transportation
71and disposal options and methods for the collected postconsumerpaint;
72(vii) identify each producer participating in the program and the brandsof
73architectural paint sold in the state covered by theprogram;
74(viii) propose an audited paint stewardship assessment as requiredby
75subsection (c);and
76(ix) include a funding mechanism that requires each producerwho
77participates in a representative organization to remit to the representative organizationpayment
78of the paint stewardship assessment for each container of architectural paint sold inthe
79commonwealth.
80(3) A new plan or amendment shall be submitted to the department forapproval:
81 / (i) if there is a change to the amount of theassessment;82 / (ii) if there is a revision of the producer’s or representativeorganization’s
83 / goals;or
84 / (iii) if requested in writing by thedepartment.
85 / (4) Not later than 60 days after submission of the plan under this section,the
86commissioner shall make a determination, in writing, whether to (i) approve the planas
87submitted; (ii) approve the plan with conditions; or (iii) disapprove theplan.
88(5) The department shall enforce the plan and may, by regulation,establish
89enforcementprocedures.
90
91(6) Not later than the implementation date of the program, the approved plan,the
92names of participating producers, the brands of architectural paint covered by the programand
93the amount of the paint stewardship assessment shall be posted on the department’s websiteand
94on the website of the representativeorganization.
95(c)(1) Upon implementation of the program, the paint stewardship assessmentshall
96be added to the cost of any architectural paint sold to retailers and distributors inthe
97commonwealth. A retailer or distributor shall add the paint stewardship assessment tothe
98purchase price of all architectural paint sold in thecommonwealth.
99(2) The paint stewardship assessment shall be reviewed by anindependent
100auditor to assure that the assessment does not exceed the costs of the program andthe
101independent auditor shall recommend an amount for the paint stewardship assessment tobe
102included in the plan submitted to the department under subsection (b). If the paintstewardship
103assessment previously approved by the department under this section is proposed to bechanged,
104the representative organization shall submit the new, adjusted paint stewardship assessment toan
105independent auditor for review. After the auditor’s review has been completed,the
106representative organization shall submit the results of the audit and a proposal to amend thepaint
107stewardship assessment to the department for review. The department shall review andapprove,
108in writing, the adjusted paint stewardship assessment before the new assessment canbe
109implemented.
110The independent auditor may be selected by the department and the departmentshall
111review the work product of the independent auditor including, but not limited to, reviewingthe
112auditor's assessment of the bid and purchase procedures utilized by therepresentative
113organization to implement the program. The department may terminate the services of anysuch
114independent auditor. Not less frequently than every 5 years, the department shall selecta
115different independent auditor to perform the duties described in this section. The cost ofany
116work performed by such independent auditor shall be funded by the paintstewardship
117assessment.
118
119(d)(1) A producer or retailer shall not sell, or offer for sale, architectural paint toany
120person in the commonwealth unless the producer of a paint brand or a stewardship programof
121which the producer is a member is implementing an approved paint stewardship program planas
122required by subsection(b).
123(2) Producers or the representative organization shall provide consumerswith
124educational materials regarding the program and the paint stewardship assessment. Thematerials
125shall include, but not be limited to, information regarding available end-of-lifemanagement
126options for architectural paint offered through the program and information thatnotifies
127consumers that a charge for the operation of the program is included in the purchase price ofall
128architectural paint sold in thecommonwealth.
129(3) A retailer shall be in compliance with this section if, on the datethe
130architectural paint was ordered from the producer or the producer’s agent, the producer islisted
131on the department’s website as implementing or participating in an approved program or ifthe
132paint brand is listed on the department’s website as being included in theprogram.
133Municipalities and paint retailers may participate as paint collection points pursuant tothe
134program on a voluntary basis, subject to all applicable laws andregulations.
135(4) A manufacturer or the representative organization that organizesthe
136collection, transport and processing of postconsumer paint, in accordance with thepaint
137stewardship program, shall not be liable for any claim of a violation of antitrust, restraint oftrade
138or unfair trade practice arising from conduct undertaken in accordance with theprogram
139pursuant to thissection.
140(5) Annually, the producer or representative organization shall submit a reportto
141the commissioner that details the program. The report shall include, but not be limited to: (i)a
142description of the methods used to collect, transport and process postconsumer paint inthe
143commonwealth; (ii) the volume of postconsumer paint collected; (iii) the volume and typeof
144postconsumer paint collected, by method of disposition, including reuse, recycling andother
145methods of processing; (iv) the total cost of implementing the program, as determined byan
146independent financial audit funded by the paint stewardship assessment; and (v) samplesof
147educational materials provided to consumers of architectural paint. The report shall be postedon
148the department’s website and on the website of the representativeorganization.
149(6) Financial, production or sales data reported to the department by a produceror
150by the representative organization shall not be subject to disclosure but the commissionermay
151release a summary form of such data that does not disclose financial, production or sales dataof
152the producer, retailer or representativeorganization.
153SECTION 2. The plan required by subsection (b) of section 9 of chapter 21H ofthe
154General Laws shall be submitted not later than July 1,2016.
155SECTION 3. The producer or representative organization shall submit the firstannual
156report detailing the paint stewardship program as required by paragraph (5) of subsection (d)of
157section 9 of chapter 21H of the General Laws to the commissioner of environmentalprotection
158not later than October 15,2017.
159SECTION 4. Beginning not later than October 1, 2016 or 3 months after the planis
160approved under subsection (b) of section 9 of chapter 21H of the General Laws,whichever
161occurs later, the representative organization shall implement the paint stewardshipprogram.