An Act To Allow an Earlier Implementation Date for an Architectural Paint Stewardship Program
Maine Legislature, Session 126, LD 1634
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, GRANT, BOYLE, VITELLI, HUBBELL
Amends: 38 MRSA §2144

Legislative Document 
No. 1634 
S.P. 625 
In Senate, December 23, 2013 
An Act To Allow an Earlier Implementation Date for an 
Architectural Paint Stewardship Program 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative GRANT of Gardiner and 
Senators: BOYLE of Cumberland, VITELLI of Sagadahoc, Representative: HUBBELL of Bar 
Harbor. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §2144, sub-§5, ¶A, as enacted by PL 2013, c. 395, §1, is 
amended to read: 
A.  Beginning Unless an earlier implementation date is proposed in a plan and 
approved by the commissioner, beginning July 1, 2015 or 3 months after a plan is 
approved by the commissioner under subsection 2 3, whichever occurs later, a 
producer or a representative organization shall implement the plan.  If an earlier 
implementation date is proposed in a plan and approved by the commissioner, a 
producer or representative organization shall implement the plan beginning on that 
date. 
Sec. 2.  38 MRSA §2144, sub-§5, ¶E, as enacted by PL 2013, c. 395, §1, is 
amended to read: 
E.  By October 15, 2016, and annually thereafter, the operator of a paint stewardship 
program shall submit a report to the commissioner regarding the paint stewardship 
program.  If implementation of a plan begins before December 31, 2014, the 
commissioner may establish an earlier date for submission of the initial report.  The 
report must include, but is not limited to: 
(1) A description of the methods used to collect, transport, reduce, reuse and 
process post-consumer paint in the State; 
(2) The volume of post-consumer paint collected in the State; 
(3) The volume and type of post-consumer paint collected in the State by method 
of disposition, including reuse, recycling and other methods of processing; 
(4) The total cost of implementing the paint stewardship program, as determined 
by an independent financial audit funded from the paint stewardship assessment.  
The report of total cost must include a breakdown of administrative, collection, 
transportation, disposition and communication costs; 
(5)  A summary of outreach and educational activities undertaken and samples of 
educational materials provided to consumers of architectural paint; 
(6)  The total volume of post-consumer paint collected by the paint stewardship 
program and a breakdown of the volume collected at each collection site; 
(7)  Based on the paint stewardship assessment collected by the paint stewardship 
program, the total volume of architectural paint sold in the State during the 
preceding year; 
(8)  A list of all processors used to manage post-consumer paint collected by the 
paint stewardship program in the preceding year up to the paint's final 
disposition, the volume each processor accepted and the disposition method used 
by each processor; and 
(9)  An evaluation of the effectiveness of the paint stewardship program 
compared to prior years and anticipated steps, if any are needed, to improve 
performance throughout the State. 
Sec. 3.  38 MRSA §2144, sub-§7, as enacted by PL 2013, c. 395, §1, is amended 
to read: 
7.  Retailers.  Beginning Unless an earlier implementation date is approved by the 
commissioner pursuant to subsection 5, paragraph A, beginning July 1, 2015 or 3 months 
after a plan is approved by the commissioner under subsection 2 3, whichever occurs 
later, a retailer may not sell architectural paint unless, on the date the retailer orders the 
architectural paint from the producer or its agent, the producer or the paint brand is listed 
on the department's publicly accessible website as implementing or participating in an 
approved paint stewardship program.  A retailer may participate as a paint collection 
point pursuant to the paint stewardship program on a voluntary basis and pursuant to all 
applicable laws and rules.  A retailer that collects post-consumer paint must follow a 
collection site procedure manual developed by a producer or representative organization 
to ensure the use of environmentally sound management practices when handling 
architectural paints at collection locations.  If an earlier implementation date is approved 
by the commissioner pursuant to subsection 5, paragraph A, the provisions of this 
subsection apply with respect to the plan as of that date. 
SUMMARY 
This bill allows for an earlier implementation date for an architectural paint 
stewardship program if an earlier date is proposed by a producer or representative 
organization and that date is approved by the Commissioner of Environmental Protection.  
It also makes a technical correction to a cross-reference.