An Act To Establish a Stewardship Program for Ardiitectural Paint
Maine Legislature, Session 126, LD 1308
Committee Amendment CA_A_S270 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 451, L.D. 1308, Bill, "An Act To 
Establish a Stewardship Program for Ardiitectural Paint" 
Amend the bill in section I in §2144 by striking out all of subsection 2 and inserting 
the following: 
'2. Establishment of a palint stewardship program. By April 1, 2015, a producer, 
a group of producers or a representative organization shall submit a plan for the 
IS 
establishment of a paint stewardship program to the commissioner for approval. The plan 
must include: 
A. A description of how th,~program will collect. transport, recycle and process post-
consumer paint from entitks covered by the program for end-of-life management to 
meet the following goals: 
(1) A reduction in the generation of unwanted paint and the promotion of its 
reuse and recycling; 
(2) Provision of convenient and available statewide collection of post-consumer 
paint from entities covered by the program in all areas of the State; 
(3) 
Management of post-consumer paint using environmentally sound 
management practices in an economically sound manner, including following the 
paint waste management hierarchy of source reduction, reuse, recycling, energy 
recovery and disposal; 
(4) Establishment of a process for managing paint containers collected under the 
program, including recyding all recyclable containers; 
(5) Negotiation and execution by the operator of agreements to collect, transport, 
reuse, recycle, burn for energy recovery and dispose of post-consumer paint 
using environmentally sound management practices; and 
(6) Provision of education and outreach efforts by the operator to promote the 
program. The education and outreach efforts must include strategies for reaching 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENTA" to S.P. 451, L.D. 1308 
consumers in all areas of the State and the method the program will use to 
evaluate the effectiveness of its education and outreach efforts; 
B. Contact information for all persons that will be responsible for the operation of 
the paint stewardship program and a list of paint brands and producers covered under 
the program; 
C. Goals as may be practical to reduce the generation of post-consumer paint, to 
promote the reuse and recycling of post-consumer paint, for the overall collection of 
post-consumer paint and for the proper end-of-life management of post-consumer 
paint. The goals may be revised by a representative organization based on 
information collected annually; 
D. A list of all potential processors that will be used to manage post-consumer paint 
collected by the paint stewardship program, a list of each collection site name and 
location that will accept post-consumer paint under the program and a list of all 
processors that will be used for final disposition; 
E. A method to determine the number and geographic distribution of paint collection 
sites based on the use of geographic information modeling. The plan must provide 
that at least 90% of state residents have a permanent paint collection site within a 
IS-mile radius of their residences, unless the commissioner determines that the 90% 
requirement is not practicable due to geographical constraints. If the commissioner 
determines the 90% requirement is not practicable, the commissioner may approve a 
plan that includes a geographic distribution of paint collection sites that is practicable. 
The distribution of paint collection sites must include at least one additional paint 
collection site for each 30,000 residents in a population center that is located to 
provide convenient and reasonably equitable access for residents within the 
population center unless otherwise approved by the commissioner; 
F. Identification of the ways in which the program will coordinate with existing solid 
waste collection programs and events, including strategies to reach the State's 
residents that do not have a permanent paint collection site within a IS-mile radius of 
their residences and to ensure adequate coverage of service center communities as 
defined in Title 30-A, section 4301. subsection I4-A; 
G. 
A time frame for accomplishing the geographical coverage required under 
paragraphs E and F; 
H. An anticipated budget for operation of the paint stewardship program, including 
the suggested method of funding the program, which must include the method of 
calculating a paint stewardship assessment that meets the requirements of subsection 
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I. A description of how post-consumer paint collected under this section will be 
managed at each collection site, including how post-consumer paint will be labeled 
and provisions for secondary containment; 
1. A description of how consolidation facilities in the State accepting materials under 
this section will meet applicable requirements for the consolidation of universal waste 
in accordance with rules adopted by the department; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 74:'. to S.P. 451, L.D. 1308 
K. For a consolidation facility where post-consumer paint may be transferred out of 
the post-consumer paint's original container, an environmental monitoring plan and a 
closure plan with financial assurance and proof of liability insurance.' 
Amend the bill in section I in §2144 in subsection 3 in the 9th line (page 3, line 39 in 
L.D.) by striking out the following: "may" and inserting the following: 'shall' 
Amend the bill in section I in §2144 by striking out all of subsection 4 and inserting 
the following: 
'4. Funding of paint stewardship program. An operator of a paint stewardship 
program shall administer a paint stewardship assessment for all architectural paint sold in 
the State. The amount of the paint stewardship assessment must be approved by the 
commissioner under subsection 3 and must be sufficient to recover, but may not exceed, 
the cost of the paint stewardship program. If the funds generated by the program exceed 
the amount necessary to operate the program, excess funds must be used to reduce future 
paint stewardship assessments or improve services under the program. 
A. A paint stewardship assessment must be added to the cost of all architectural paint 
sold to retailers and distributors in the State. A retailer or distributor shall add the 
paint stewardship assessment to the consumer's purchase price of the architectural 
paint sold by that retailer or distributor. A producer or a representative organization 
may not charge a paint stewardship assessment at the time of post-consumer paint 
collection. The collection of the paint stewardship assessment must commence no 
later than the implementation date established in subsection 5, paragraph A. 
B. An architectural paint producer participating in a representative organization shall 
remit to the representative organization payment of the paint stewardship assessment 
for each container of architl;:ctural paint it sells in the State.' 
Amend the bill in section 1 in §2144 in subsection 5 by striking out all of paragraphs 
A and B (page 4, lines 21 to 25 in L.D.) and inserting the following: 
'A. Beginning July I, 2015 or 3 months after a plan is approved by the commissioner 
under subsection 2, whichever occurs later, a producer or a representative 
organization shall implement the plan. 
B. 
Upon implementation of the plan, a producer may not sell or offer for sale 
architectural paint in the State unless the producer or a representative organization of 
which the producer is a member participates in a paint stewardship program. 
A 
representative organization shall notify the department of all producers participating 
in a paint stewardship program operated by the representative organization.' 
Amend the bill in section 1 in §2144 in subsection 5 by striking out all of paragraphs 
E and F (page 5, lines 7 to 25 in L.D.) and inserting the following: 
'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. 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; 
COMMI'TTEE AMENDMENT 
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COMMITTEE AMENDMENT~" to S.P. 451, L.D. 1308 
(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. 
F. Reports submitted to the department under this section must be made available to 
the public on the department's publicly accessible website, except that proprietary 
information submitted to the department in a plan, in an amendment to a plan or 
pursuant to reporting requirements of this section that is identified by the submittor as 
proprietary information is confidential and must be handled by the department in the 
same manner as confidential information is handled under section 1310-B. 
As used in this paragraph, "proprietary information" means information that is a trade 
secret or production, commercial or financial information the disclosure of which 
would impair the competitive position of the submittor and would make available 
information not otherwise publicly available. 
G. 
A producer or representative organization shall submit to the department for 
approval a request to amend an approved plan if the producer or representative 
organization proposes to: 
(1) Change the paint stewardship assessment; 
(2) Cover an additional product under the plan; or 
(3) Modify the goals of the plan.' 
Amend the bill in section 1 in §2144 by striking out all of subsection 7 (page 5, lines 
to 42 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A' to S.P. 451, L.D. 1308 
'7. Retailers. Beginning July 1, 2015 or 3 months after a plan is approved by the 
commissioner under subsection 2, 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 implem(mting 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. 
8. 
List of producers and brands. 
The department shall post on its publicly 
accessible website a list of the producers participating and the brands included in a paint 
stewardship program. 
9. Relationship to other product stewardship program laws. A paint stewardship 
program established pursuant to this section is governed by the provisions of this section 
and is exempt from any requirements related to product stewardship programs established 
under chapter 18 unless otherwise specifically provided. 
10. Rules. The department may adopt rules to implement this section. 
Rules 
adopted pursuant to this subs';!ction are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Environmental Protection 0251 
Initiative: Provides an ongoing General Fund appropriation and Other Special Revenue 
Funds allocation to the Department of Environmental Protection for administrative and 
technology costs associated with an architectural paint product stewardship program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Remediation and Waste Man~lgement 0247 
2013-14 
$887 
$887 
2013-14 
$675 
$675 
COMMITTEE AMENDMENT 
2014-15 
$887 
$887 
2014-15 
$675 
$675 
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COMMITTEE AMENDMENT:An to S.P. 451, L.D. 1308 
Initiative: Provides an ongoing General Fund appropriation and Other Special Revenue 
Funds allocation to the Department of Environmental Protection for a full-time 
Environmental Specialist III position and related administrative and technology costs 
associated with an architectural paint product stewardship program. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SUMMARY 
2013-14 
0.500 
$34,091 
$1,495 
$35,586 
2013-14 
0.500 
$34,091 
$34,091 
2013-14 
$36,473 
$34,766 
$71,239 
2014-15 
0.500 
$36,337 
$1,495 
$37,832 
2014-15 
0.500 
$36,337 
$36,337 
2014-15 
$38,719 
$37,012 
$75,731 
This amendment is the majority report of the committee. It amends provisions in the 
bill related to paint stewardship plans, approval of paint stewardship plans, a paint 
stewardship assessment and operation of a paint stewardship program. 
The changes 
include: 
1. Provisions authorizing the Commissioner of Environmental Protection to approve 
a plan that does not meet the geographic coverage requirement in the bill; 
2. Provisions related to universal waste requirements; 
3. Additional annual reporting requirements; 
4. 
Provisions for proprietary information to be designated as confidential. The 
provisions provide that proprietary information submitted to the Department of 
Environmental Protection must be handled by the department in the same manner as 
confidential information is handled under the Maine Revised Statutes, Title 38, section 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT..;4:." to S.P. 451, L.D. 1308 
131O-B. 
Although section 1310-B, in part, governs the handling of confidential 
hazardous waste infOlmation, the reference to section 1310-B in the amendment is not 
intended to limit the applicability of the confidentiality provisions in the amendment to 
hazardous waste information but to provide a process for how proprietary information is 
to be handled; and 
5. An exemption from n:quirements in other laws related to product stewardship 
programs. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMrrTEE AMENDMENT 
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Approved: OS/29/13 
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LD 1308 
LR 1123(02) 
An Act To Establish a Stewardship Program for Architectural Paint 
Fiscal Note for Bill as Amended by Committee Amendment tt'fs ... J-1-O) 
Committee: Environment and Natural Resources 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
$36,473 
$36,473 
$34,766 
$34,766 
FY 2014-15 
$38,719 
$38,719 
$37,012 
$37,012 
Projections 
FY 2015-16 
$39,809 
$39,809 
$38,102 
$38,102 
Projections 
FY 2016-17 
$40,932 
$40,932 
$39,225 
$39,225 
This bill includes a General Fund appropriation of$36,473 in FY 2013-14 and $38,719 in FY 2014-15 and an Other 
Special Revenue Funds allocation of $34,766 in FY 2013-14 and $37,012 in FY 2014-15 for one full-time 
Environmental Specialist ill position and other administrative and technology costs associated with the adminstration 
and enforcement of an architectural paint product stewardship program. Revenue realized by the Department of 
Environmental Protection through the assessment of an annual fee which may not exceed 1 % of the total stewardship 
program costs is estimated at $34,766 in FY 2013-14 and $37,012 in FY 2014-15. 
LRl123(02) - Fiscal Note - Page 1 of 1