An Act To Ensure That Collection Facilities Can Participate in the Architectural Paint Stewardship Program
Maine Legislature, Session 127, LD 1044
Committee Amendment CA_A_S157 (Senate)
Amends: 38 MRSA §2144

COMMITTEE AMENDMENT" A" to S.P. 370, L.D. 1044, Bill, "An Act To 
Ensure That Collection Facilities Can Participate in the Architectural Paint Stewardship 
Program" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, implementation of an architectural paint stewardship program in Maine 
will allow for the safe, cost-effective and convenient collection of unused architectural 
paint; and 
Whereas, a producer-sponsored paint stewardship program plan has been submitted 
to the Department of Environmental Protection for approval with an implementation date 
of August 1,2015; and 
Whereas, the changes proposed in this legislation regarding the establishment of an 
architectural paint stewardship program in Maine must be implemented before the 
submitted plan can be approved; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §2144, sub-§l, ~A, as enacted by PL 2013, c. 395, §1, is 
amended to read: 
A. "Architectural paint" or "paint" means interior and exterior architectural coatings 
sold in containers of 5 gallons or less and does not mean industrial, original 
equipment or specialty coatings, arts and crafts paints, 2-component coatings, deck 
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COMMITTEE AMENDMENT" f\ "to S.P. 370, L.D. 1044 
cleaners, industrial maintenance coatings, original equipment manufacturer paints 
and finishes, paint additives, colorants, tints, resins, roof patch and repair, tar and 
bitumen-based products, traffic and road marking paints, wood preservatives, 
ignitable paint thinners or solvents used for cleaning paint-related equipment or 
contaminated with architectural paint or paint thinners or solvents identified as 
hazardous waste in 40 Code of Federal Regulations, Section 261.31 that are used for 
cleaning paint-related equipment or contaminated with architectural paint. 
Sec. 2. 38 MRSA §2144, sub-§l, ~~A-l, A-2 and A-3 are enacted to read: 
A-I. "Collection container" means a container that is designed to store more than one 
individual container of architectural paint that meets federal Department of 
Transportation specifications for containing those items. 
A-2. "Collection site" means an entity that collects post-consumer paint directly from 
consumers for end-of-life management and may include, but is not limited to, 
retailers, hardware and home improvement stores, transfer stations and operations 
that otherwise collect household hazardous waste. A collection site may also accept 
universal wastes under the rules of the department. 
A-3. "Conditionally exempt small quantity generator" means a conditionally exempt 
small quantity generator as defined in 40 Code of Federal Regulations, Section 261.5. 
Sec. 3. 38 MRSA §2144, sub-§l, ~, as enacted by PL 2013, c. 395, § 1, is 
amended to read: 
B. 
"Consumer" means a purchaser or user of architectural paint. 
"Consumer" 
includes a purchaser or user of architectural paint who also generates post-consumer 
paint. 
Sec. 4. 38 MRSA §2144, sub-§l, ~-1 is enacted to read: 
K-l. "Post-consumer paint that is a hazardous waste" means post-consumer paint 
that is a hazardous waste as defined in 40 Code of Federal Regulations, Part 261, 
Subparts C and D. 
Sec. 5. 38 MRSA §2144, sub-§2, ~~ and I, as enacted by PL 2013, c. 395, § 1, 
are amended to read: 
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 
4; and 
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 
aru:l~ provisions for secondary containmentt and protecting post-consumer paint from 
weather and a description of how subsection 5-A, paragraph G will be satisfied. 
Sec. 6. 38 MRSA §2144, sub-§2, ~~J and K, as enacted by PL 2013, c. 395, § 1, 
are repealed. 
Sec. 7. 38 MRSA §2144, sub-§5, ~E, as amended by PL 2013, c. 483, §2, is 
further amended to read: 
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COMMITTEE AMENDMENT" F\ "to S.P. 370, L.D. 1044 
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, including recyclers and disposers, 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. 8. 38 MRSA §2144, sub-§5-A is enacted to read: 
5-A. Requirements for collection sites. This subsection applies to collection sites. 
A. Within 30 days of commencement of an approved paint stewardship program, a 
producer or representative organization shall notify the department of the name and 
location of each collection site added to or deleted from the list of collection sites 
provided under subsection 2, paragraph D. 
B. A collection site shall track all outgoing shipments of post-consumer paint on a 
manifest or a bill of lading. The collection site shall maintain these records for at 
least 3 years. 
C. A collection site shall maintain a record for each drop-off of post-consumer paint 
that is a hazardous waste from an entity other than a household, including the name 
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COMMITTEE AMENDMENT" A" to S.P. 370, L.D. 1044 
and address of the entity, the date of the drop-off and a description and quantity of the 
post-consumer paint that is a hazardous waste. The collection site shall maintain 
these records for at least 3 years. 
D. A collection site shall store post-consumer paint in structurally sound collection 
containers that show no visible evidence of leakage, spillage or damage that could 
cause leakage under reasonably foreseeable conditions, in a secure area, away from 
ignition sources, storm drains and floor drains. A collection container must be kept 
closed except when adding containers of post-consumer paint that have been 
collected from consumers. A collection container must be labeled with the words 
"Waste Paint." A collection site may not store more than 5~000 kilograms of post-
consumer paint that is a hazardous waste at anyone time. A collection site may store 
collected post-consumer paint that is a hazardous waste for up to one year. 
E. A collection site may accept post-consumer paint that is a hazardous waste only 
from households and from conditionally exempt small quantity generators. 
F. A collection site shall immediately contain and clean up any discharge or release 
of post-consumer paint that is a hazardous waste. 
G. A collection site shall limit its activities to the collection and storage of post-
consumer paint, except that transfer stations and operations that otherwise collect 
household hazardous waste may remove post-consumer paint that is a hazardous 
waste from the paint's original container and mix or consolidate that paint, as long as 
all transfer and mixing or consolidation activities are conducted over secondary 
containment and as long as any discharges or releases of hazardous waste, as defined 
in 40 Code of Federal Regulations, Part 261, Subparts C and D, are contained and 
cleaned up to the department's satisfaction. 
H. 
A collection site shall ensure that it receives training from the producer or 
representative organization that implements the paint stewardship program on how to 
properly inspect and store post-consumer paint and shall maintain training manuals 
issued by the producer or representative organization. 
I. A collection site shall ship post-consumer paint that is a hazardous waste to a 
universal waste consolidation facility or to a recycling, treatment, storage or disposal 
facility that is authorized to receive universal waste. 
J. A collection site that accepts only post-consumer paint and post-consumer paint 
that is a hazardous waste under an approved plan from households and from 
conditionally exempt small quantity generators is not a central accumulation facility 
and does not require a hazardous waste identification number from the federal 
Environmental Protection Agency. Nothing in this section is intended to exempt a 
collection site from being considered a central accumulation facility or from being 
required to obtain a hazardous waste identification number based on activities 
unrelated to a paint stewardship program. 
Sec. 9. 38 MRSA §2144, sub-§6, as enacted by PL 2013, c. 395, §1, is amended 
to read: 
6. Administration and enforcement of program. The department shall enforce 
this section and may adopt rules as necessary for the purposes of implementing, 
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COMMITTEE AMENDMENT" A "to S.P. 370, L.D. 1044 
administering and enforcing this section. The department shall oharge a reasonable fee to 
be paid by an applioant for approval of a paint stewardship program for reyie'tV of the 
plan. The department may establish a reasonable anffilal foe to oover the aotual oosts for 
annual report review, oversight, administration and enforoement. Fees established under 
this subseotion may not eJ(oeed the greater of $82,000 per year and 1% of total program 
oosts as set forth in the independent finanoial auditing report required under subseotion 5. 
A. Except as may otherwise be required under federal law or by the producer or 
representative organization under an approved plan, the department may not impose a 
requirement by rule or otherwise on a collection site regarding the collection, 
handling, record-keeping, storage or shipping of post-consumer paint that is more 
stringent than the requirements of this section for collection sites. 
B. A collection site that complies with the requirements of this section and that uses 
environmentally sound management practices is not subject to penalties for violation 
of the department's rules related to post-consumer paint. 
C. The department shall charge a reasonable fee to be paid by an applicant for 
approval of a paint stewardship program for review of the plan. The department may 
establish a reasonable annual fee to cover the actual costs for annual report review, 
oversight, administration and enforcement. Fees established under this paragraph 
may not exceed the greater of $82,000 per year and 1 % of total program costs as set 
forth in the independent financial auditing report required under subsection 5. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 0247 
Initiative: Provides funding for rulemaking related to changes in the stewardship program 
for architectural paint. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2015-16 
$5,000 
$5,000 
2016-17 
$0 
$0 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and amends the laws governing the stewardship 
program for architectural paint as follows: 
1. It amends the definitions of the terms "architectural paint" and "consumer" and 
adds new definitions for the terms "collection container," "collection site," "conditionally 
exempt small quantity generator" and "post-consumer paint that is a hazardous waste"; 
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COMMITTEE AMENDMENT "A" to S.P. 370, L.D. 1044 
2. 
It amends the requirements regarding the information to be included in a 
submitted plan for the establishment of a paint stewardship program; 
3. It provides new requirements applicable to participating collection sites under an 
approved paint stewardship program, including directives on the collection and storage of 
post-consumer paint, record-keeping by collection sites and acceptance of post-consumer 
paint that is a hazardous waste; 
4. It provides that, except as may otherwise by required by federal law or under an 
approved paint stewardship program plan, the Department of Environmental Protection 
may not impose requirements on collection sites that are more stringent than the 
requirements set forth in statute; and 
5. It provides that a collection site that uses environmentally sound management 
practices is not subject to penalties for violation of the department's rules related to post-
consumer paint. 
The amendment also adds an appropriations and allocations section and an 
emergency preamble and an emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/11/15 
;WaC! 
LD 1044 
LR 1028(02) 
An Act To Ensure That Collection Facilities Can Participate in the Architectural Paint Stewardship 
Program 
Fiscal Note for Bill as Amended by Committee Amendment "Il' (S-IS-;') 
Committee: Environment and Natural Resources 
Fiscal Note Required : Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
Projections 
FY 2017-18 
Projections 
FY 2018-19 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$5,000 
$5,000 
$0 
$0 
$0 
$0 
This bill makes various changes to the stewardship program for architectural paint. It includes a one-time General 
Fund appropriation of $5,000 to the Department of Environmental Protection in fiscal year 2015-16 for rulemaking 
costs related to changes in the program. 
LRI028(02) - Fiscal Note - Page 1 of 1 
$0 
$0