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o American Coatings Association
o Advocacy organization - represents manufacturers of paint and coatings for architectural, industrial maintenance, original equipment manufacturer, and specialty coatings
o Represents paint and coatings manufacturers as well as raw material suppliers and individuals in the industry
o PaintCare
o Operational organization – designs and implements all aspects of the paint stewardship program in states with the law
o Represents all architectural paint manufacturers operating in PaintCare states (do not need to belong to ACA)
About the Organizations
Why Paint
o 50% of household hazardous waste is paint
o Studies show that approximately 10% of paint is leftover/unused
o 70 millions gallons leftover annually in the US
o Cost and burden falls on municipal governments and government resources are limited, resulting in minimal opportunity to recycle or properly dispose of paint (in most states)
o Paint identified as the #1 issue by cost and volume for HHW Programs
o PPSI formed w/facilitation by Product Stewardship Instituteo Capable of effectively coordinating multi-stakeholder and multi-state
approach to the issue
o ACA joined PPSI in 2003o Coordinated approach versus state-by-state approach
o Share information with state and local governments
o Gain better information from non-industry stakeholders
o Goal was to find a resolutiono Status Quo not adequate
Push for Industry Stewardship Law
o 1st MOU for Pilot Projects and Data Gatheringo 2nd MOU in 2007 following ACA Board Resolutiono Develop a nationally coordinated system for the
management of post-consumer waste paint o Key Elements
o Consumer Education
o No Mandatory Retail Take-Back
o Cost Effective
o Industry Operated PSO
o Market Based Financing
o Begin w/Pilot State
o Legislation need for level-playing field and anti-trust protection
Push for Industry Stewardship Law
o Needed legislation for level-playing field with sustainable financing and consistency across states (“nationally coordinated approach)
o 9 jurisdictions have passed the legislation (Implementation):
Model Paint Stewardship Legislation
2010: Oregon
2012: California
2013: Connecticut
2014: Rhode Island
Vermont Minnesota
2015: Maine
Colorado2016: DC
*
o Manufacturers selling paint into the state must operate a paint management system
• Reduce the generation of postconsumer paint; promote reuse, and provide system for recycling and proper disposal of leftover paint
o Requires a plan to be approved by state environmental agency
• Convenient paint collection locations
• Environmentally responsible paint management
• Goals for reuse, recycling and proper disposal
• Education and outreach plan
• Budget and assessment rate to fund the program
About the Paint Stewardship Law
o Requires an annual report to the state
• Total volume of paint collected by type
• Method of disposition (reuse, recycling, proper disposal) for all paint collected
• Independent financial audit
• Education and Outreach Evaluation
• Reporting and Evaluation of program goals
o Requires annual fee to state agency for plan and annual report review and for oversight and enforcement
About the Paint Stewardship Law
o Financing through a per can assessment fee added to the product price of each container sold.
• Half pint or less: $ 0.00
• More than half pint to 1 less than 1 gallon: $ 0.35
• 1 gallon: $ 0.75
• More than 1 gallon to 5 gallons: $ 1.60
o Manufacturers pay the fees to PaintCare, on a monthly basis based on sales in the state and pass them through to distributors and retailers who add them to the final purchase price of new paint to make themselves whole.
PaintCare Funding
Who Can Use the Program
Latex Program Products
o From residents
o From all businesses
Oil-based Program Products
o From residents
o From VSQG businesses
Note: Not a self-serve program
Collection System
o Retailers – paint, hardware, home improvement, reuse
o Household hazardous waste facilities and events
o Solid waste transfer station, recycling centers, landfills
o Paint collection events
o Direct pick-up service
Program Highlights
o 1634 Collection Sites
o 81% Retail
o 19% HHW, Transfer Stations, Restores
o > 900 HHW Events
o 65 Paint-only Events
o > 950 Direct Large Volume Pick-ups
Program Highlights
o Collected 12 Million Gallons
o 73% of Water-based Turned Back into Paint
o 98% of Oil-based Fuel Blended
o Less than 5% Landfilled
o 61% Million US Consumers Served
Program Highlights - Oregon
o First PaintCare program; started July 2010
o Became permanent July 2013
o 168 sites
Next States
o Vermont started June 2014
o 74 sites
o Rhode Island started July 2014
o 30 sites
o Minnesota started November 2014
o 228 sites
o Colorado started July 1, 2015
o 141 sites
o Maine started October 1, 2015
o 85 sites
o DC slated for 2016
Massachusetts
o Bill has passed Senate (SB 2019)
o In House
o Taking direction from House Ways and Means Chair and Speaker on appropriate time to engage
o Opposition:
o Big Box Retailers
o Cross Border Sales
o Using the scalpel approach (versus shotgun)
o Grassroots support for the bill and why the program would work well for Massachusetts more helpful than countering retailers
Contact Information
Alison KeaneVice President, ACA(202) 719-3703 [email protected]
Marie ClarkeCounsel, ACA(202)[email protected]