An Act to Eliminate the Paint Stewardship Assessment Paid by Consumers
Maine Legislature, Session 131, LD 0964
Committee: Environment and Natural Resources
Sponsors: UNDERWOOD
Amends: 36 MRSA §1752, 38 MRSA §2144

Legislative Document
No. 964
H.P. 611
House of Representatives, March 2, 2023
An Act to Eliminate the Paint Stewardship Assessment Paid by 
Consumers
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative UNDERWOOD of Presque Isle.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation, which eliminates the fee on architectural paint sold in the 
State, must take effect before the expiration of the 90-day period in order to immediately 
protect the home renovation industry from the effects of inflation; 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Sec. 1.  36 MRSA §1752, sub-§14, ¶B, as repealed and replaced by PL 2019, c. 
501, §28, is amended by amending subparagraph (11) to read:
(11)  Any charge, deposit, fee or premium imposed by a law of this State; or
Sec. 2.  36 MRSA §1752, sub-§14, ¶B, as repealed and replaced by PL 2019, c. 
501, §28, is amended by amending subparagraph (12) to read:
(12)  Federal universal service support funds that are paid directly to the seller 
pursuant to 47 Code of Federal Regulations, Part 54; or.
Sec. 3.  36 MRSA §1752, sub-§14, ¶B, as repealed and replaced by PL 2019, c. 
501, §28, is amended by repealing subparagraph (13).
Sec. 4.  38 MRSA §2144, sub-§1, ¶G, as enacted by PL 2013, c. 395, §1, is 
repealed.
Sec. 5.  38 MRSA §2144, sub-§2, as amended by PL 2015, c. 331, §§5 and 6, is 
further amended to read:
2.  Establishment of a paint stewardship program.  By April 1, 2015, a A producer, 
a group of producers or a representative organization shall submit a plan for the 
establishment of a paint stewardship program to the commissioner for approval.  The plan 
must include:
A.  A description of how the program will collect, transport, recycle and process post-
consumer paint from entities 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 recycling 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 
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 15-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 15-mile radius of their 
residences and to ensure adequate coverage of service center communities as defined 
in Title 30‑A, section 4301, subsection 14‑A;
G.  A time frame for accomplishing the geographical coverage required under 
paragraphs E and F;
H.  An The anticipated budget costs 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 which must be paid for by the State; 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, 
provisions for secondary containment 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-§3, as enacted by PL 2013, c. 395, §1, is amended to 
read:
3.  Approval of plan.  The commissioner shall review a plan submitted under 
subsection 2 and make a determination of whether to approve the plan within 120 90 days 
of receipt.  The commissioner shall make the plan available for public review for at least 
days prior to making a determination of whether to approve the plan.  The commissioner 
shall approve a plan if the commissioner determines that the plan demonstrates the ability 
of the paint stewardship program to meet the goals specified in subsection 2, paragraph A 
and meets the other requirements for submission of a plan under subsection 2.  The 
commissioner's approval of a plan must include approval of the method by which the 
program will be funded.  The commissioner shall require the person submitting the plan to 
provide an independent audit indicating the appropriateness of the proposed paint 
stewardship assessment.
If a plan is rejected, the commissioner shall provide the reasons for rejecting the plan to the 
person submitting the plan.  The person submitting the plan may submit an amended plan 
within 60 days of a rejection.
Sec. 7.  38 MRSA §2144, sub-§4, as enacted by PL 2013, c. 395, §1, is repealed.
Sec. 8.  38 MRSA §2144, sub-§4-A is enacted to read:
4-A.  Funding of paint stewardship programs.  The State shall pay the costs for 
operation of paint stewardship programs.
Sec. 9.  38 MRSA §2144, sub-§5, ¶A, as amended by PL 2013, c. 483, §1, is further 
amended to read:
A.  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 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. 10.  38 MRSA §2144, sub-§5, ¶C, as enacted by PL 2013, c. 395, §1, is 
amended to read:
C.  A producer or a representative organization shall provide consumers and retailers 
with educational materials regarding the paint stewardship assessment and paint 
stewardship program.  Such materials must include, but are not limited to, information 
regarding available end-of-life management options for architectural paint offered 
through the paint stewardship program, and promoting waste prevention, reuse and 
recycling and notifying consumers that a charge for the operation of the paint 
stewardship program is included in the purchase price of all architectural paint sold in 
the State.  These materials may include, but are not limited to, the following:
(1)  Signage that is prominently displayed and easily visible to the consumer;
(2)  Printed materials and templates of materials for reproduction by retailers to be 
provided to the consumer at the time of purchase or delivery;
(3)  Advertising or other promotional materials that include references to the paint 
stewardship program; and
(4)  A manual for paint retailers providing collection site procedures to ensure the 
use of environmentally sound management practices when handling architectural 
paints.
Sec. 11.  38 MRSA §2144, sub-§5, ¶E, as amended by PL 2015, c. 331, §7, is 
further amended by amending subparagraph (4) to read:
(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;
Sec. 12.  38 MRSA §2144, sub-§5, ¶E, as amended by PL 2015, c. 331, §7, is 
further amended by amending subparagraph (7) to read:
(7)  Based on the paint stewardship assessment collected by the paint stewardship 
program, the The total volume of architectural paint sold in the State during the 
preceding year;
Sec. 13.  38 MRSA §2144, sub-§5, ¶G, as enacted by PL 2013, c. 395, §1, is 
amended by repealing subparagraph (1).
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill eliminates the paint stewardship assessment, which is the amount added to the 
purchase price of architectural paint sold in the State to cover the cost of collecting, 
transporting and processing post-consumer paint under a paint stewardship program, and 
instead requires the State to pay the costs. It also changes from 120 days to 90 days the 
time within which the Commissioner of Environmental Protection must determine whether 
to approve a plan to establish a paint stewardship program.