SB 147 — AN ACT CONCERNING A STUDY ON THE NEED FOR EXTENDED PRODUCER RESPONSIBILITY FOR ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND INCLUDING AEROSOL PAINTS UNDER THE PAINT STEWARDSHIP PROGRAM.

(2) [The] Any plan submitted pursuant to subdivision (1) of this subsection shall:

and (B) address the coordination of the paint stewardship program with existing household hazardous waste collection infrastructure, as much as is reasonably feasiblePublic andAct mutuallyNo. agreeable.

(3)26-107 The4 commissioner may approve the plan for the establishment of a8 paintSubstitute stewardshipSenate programBill thatNo. meets the requirements of subdivisions (1) and (2) of this subsection.

Not147 laterfeasible thanand twomutually monthsagreeable. after submission of the plan pursuant to this subsection, the commissioner shallmake adeterminationwhether or notto approvethe plan.

(4)(3) NotThe latercommissioner thanmay twoapprove months[the] afterany theplan datefor the planestablishment isof approveda pursuantpaint stewardship program or an update to subdivisiona (3)previously ofapproved thispaint subsection,stewardship plan that meets the representativerequirements organizationof shallsubdivisions implement(1) theand paint(2) stewardshipof program.this subsection.

(b)Not (1)later Onthan [two] three months after submission of [the] a plan or beforean Marchupdate 1,to 2013,a andpreviously everyapproved twoplan yearspursuant thereafter,to thethis representativesubsection, organizationthe commissioner shall proposemake a uniformdetermination paintwhether stewardshipor assessmentnot forto allapprove [architectural][the] paintsuch productsplan soldor inupdate. this state.

Such(4) proposedNot paintlater stewardshipthan assessment[two] shallsix bemonths reviewedafter bythe andate independent[the] auditora toplan assureor thatupdate suchis assessmentapproved doespursuant notto exceedsubdivision (3) of this subsection, the sSB147representative /organization Fileshall No.implement the paint stewardship program.

201Any 5such sSB147approved Fileplan No.shall remain in effect until any approved plan updates are implemented pursuant to this subdivision.

201(b) costs(1) of[On theor paintbefore stewardshipMarch program1, described2013, inand subsectionevery (a)two ofyears thisthereafter, sectionthe andrepresentative suchorganization independentshall auditorpropose shalla recommenduniform anpaint amountstewardship assessment for suchall architectural paint stewardshipsold assessmentin tothis thestate. department.

Such] The proposed paint stewardship assessment submitted as part of a plan or plan update shall be reviewed by an independent auditor to assure that such assessment does not exceed the costs of the paint stewardship program described in subsection (a) of this section and such independent auditor shall recommend an amount for such paint stewardshipassessment [tothedepartment]that shallbeincludedin the paint stewardship program plan or plan update submitted by the representative organization to the commissioner for approval.

Such independent auditor shall be selected by the department and the department shall be responsible for the review of the work product of such independent auditor, including, but not limited to, the review of such auditor's assessment of the bid and purchase procedures utilized by the representative organization to implementPublic suchAct program.No.

26-107 5 of 8 Substitute Senate Bill No.

147 implement such program.

Not later than six months after the effective date of this section, the representative organization shall propose such an assessment for aerosol coating products to the department for approval in accordance with the provisions of this subdivision.

On and after such implementation date, each retailer or distributor, as applicable, shall add[add] charge the amount of such paint stewardship assessment to[to the purchase price ofof] on all [architectural] paint products sold in this state.

sSB147(d) /Each Fileproducer No.and the representative organization shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a violation of antitrust law, to the extent such producer or representative organization is exercising authority pursuant to the provisions of this section.

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201 (d) Each producer and the representative organization shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a violation of antitrust law, to the extent such producer or representative organization is exercising authority pursuant to the provisions of this section.

(f)Public (1)Act OnNo. and after the implementation date of the paint stewardship program, no producer, distributor or retailer shall sell or offer for sale [architectural paint] any paint product to any person in this state if the producer of such [architectural] paint product is not a member of the representative organization.

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147 (f) (1) [On and after the implementation date of the paint stewardship program, no] No producer, distributor or retailer shall sell or offer for sale architectural paint to any person in this state if the producer of such architectural paint is not a [member of the representative organization] participant in the approved paint stewardship program.

On and after the implementation date of a paint stewardship plan that includes aerosolcoatings, no producer,distributor or retailer shallsellor offer for sale paint products in this state if the producer of such paint products is not a participant in the approved paint stewardship program.

sSB147(h) /On Fileor No.before October 30, [2017] 2026, and annually thereafter, the representative organization shall submit a report to the Commissioner of Energy and Environmental Protection that details the paint stewardship program.

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201 (h) On or before October 30, 2017, and annually thereafter, the representative organization shall submit a report to the Commissioner of Energy and Environmental Protection that details the paint stewardship program.

(1)Public AAct descriptionNo. of the methods used to collect, transport and process postconsumer paint in this state;

26-107 7 of 8 Substitute Senate Bill No.

147 (1) A description of the methods used to collect, transport and process postconsumer paint in this state;

(i) Not later than January 15, 2015,[2015] 2027, and biennially thereafter, the Commissioner of Energy and Environmental Protection shall submit, in accordance with section 11-4a, a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environmentthatdescribestheresultsofthepaintstewardshipprogramenvironment that describes the results of the paint stewardship program and recommends modifications to improve the functioning and efficiency of such program, as necessary.

This(j) actNot shallearlier takethan effectJuly as1, follows2027, and shallannually amendthereafter, the followingcommissioner sections:may assess the representative organization that implement's an approved paint stewardship plan, pursuant to this section, a fee of not more than fifty thousand dollars for the administration and enforcement of this section.

SectionSuch 1fee fromshall passagebe Newinclusive sectionof Sec.all fees charged annually by the commissioner to such representative organization.

2Governor's OctoberAction: 1, 2026 22a-904 Sec.

3Approved OctoberJune 1,2, 2026 22a-904aPublic ENVAct JointNo. Favorable Subst.

sSB14726-107 /8 Fileof No.8

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201 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill, which requires the Department of Energy and Environmental Protection (DEEP) in consultation with the Department of Consumer Protection (DCP), to conduct a feasibility study on end-of- life management of materials for e-cigarettes and vapes, does not result in a fiscal impact as the departments have the staff and expertise necessarytocompletethestudy.Additionally,thebillmakesprocedural and clarifying changes to the architectural paint extended producer responsibility program, which has no fiscal impact to the state or municipalities.

The Out Years State Impact:

None Municipal Impact:

None sSB147 / File No.

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201 OLR Bill Analysis sSB 147 AN ACT CONCERNING A STUDY ON THE NEED FOR EXTENDED PRODUCER RESPONSIBILITY FOR ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND INCLUDING AEROSOL PAINTS UNDER THE PAINT STEWARDSHIP PROGRAM.

SUMMARY This bill requires the Department of Energy and Environmental Protection (DEEP) commissioner, in consultation with the Department of Consumer Protection, to conduct a feasibility study on establishing an extended producer responsibility (EPR) program for the end-of-life management of materials in electronic nicotine delivery systems and vapor products (for example, e-cigarettes or vapes).

The commissioner must submit a report on the study and DEEP’s legislative recommendations to the Environment Committee by July 1, 2027.

The bill also expands the existing architectural paint EPR program and plan to include aerosol coating products and requires producers of those products to either join the stewardship organization or be banned from selling those products in Connecticut.

Among other things, the expansion of the paint EPR:

1.

requires the paint stewardship organization to propose an assessment to be collected on aerosol coating products to DEEP;

2.

bans producers, distributors, and retailers from selling or offering for sale any paint product (which includes architectural and aerosol coating products) to consumers in Connecticut if the product’s producer is not a member of the paint stewardship organization;

and 3.

requires producers or the stewardship organization to provide educational materials on paint products, rather than only sSB147 / File No.

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201 architectural paint.

EFFECTIVE DATE:

October 1, 2026, except that the provisions on studying electronic delivery systems and vapor products take effect upon passage.

NICOTINE AND VAPOR EPR FEASIBILITY STUDY In conducting the feasibility study, DEEP must determine the:

1.

procedures currently used inside and outside of Connecticut for collecting, recycling, and disposing electronic nicotine delivery systems and vapor products;

2.

experiences of other states or jurisdictions with similar EPR programs;

3.

approximate municipal cost under current procedures compared to an EPR program;

and 4.

required collection facilities, secondary markets, financial structures, and stewardship organization oversight needed to establish an EPR program.

Under the bill, “electronic nicotine delivery systems” generally include electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs, and any related device or cartridge or the components of the device, including electronic cigarette liquid or synthetic nicotine.

“Vapor products” are generally any product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce a vapor that may include nicotine or cannabis and the user inhales.

PAINT EPR EXPANSION The bill broadly expands an existing architectural paint stewardship EPR program to cover “paint products,” which are architectural paints and aerosol coating products, but not health or beauty products.

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201 Under the bill, “aerosol coating products” are any pressurized coating products that (1) contain pigments or resins dispensed by propellant and (2) are packaged and sold in disposable aerosol containers for handheld application or for use in specialized equipment for ground traffic or marking applications.

They do not include any paint thinner, paint remover, graffiti remover, or caulking compound that contains no appreciable level of opaque fillers or pigments.

Under the bill and existing law, “architectural paint” is any interior and exterior architectural coatings sold in containers of five gallons or less, not including industrial, original equipment, or specialty coatings.

Paint EPR Plan Under current law, architectural paint producers are responsible for managing the paint EPR program by establishing and participating in a paint stewardship representative organization.

By law, the organization had to develop and submit a plan to DEEP on minimizing public sector involvement in managing unused and unwanted architectural paint.

The bill expands this requirement to require all paint product producers to jointhisorganizationandgenerally expandstheplan to cover unused and unwanted paint products (postconsumer paint) (it is unclear if the plan must be resubmitted or modified).

Under the bill, a “producer” is any paint product manufacturer that sells, offersfor sale, distributes,or contractstodistribute, paint products (instead of just architectural paint producers as under current law).

Paint Assessment Proposals Current law requires the stewardship organization to propose a uniform paint stewardship assessment for all architectural paint sold in Connecticut.

The assessment is an amount added to the purchase price necessary to cover the stewardship organization’s cost of collecting, transporting, and processing postconsumer paint.

The bill adds this assessment to aerosol coating products and requires the organization to submit to DEEP an assessment for these products for review and approval by April 1, 2027.

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201 By law and under the bill, an independent auditor, paid for by the organization, must (1) review the proposed assessment to determine that it does not exceed the program’s cost and (2) recommend an assessment amount to DEEP, which is responsible for approving the assessment.

The assessment must be added to the cost of applicable products sold by producers to Connecticut retailers and distributors, which must pass the cost onto purchasers.

By law, DEEP must select the auditor and review its work product, including the auditor’s evaluation of the bid and purchase procedures used by the stewardship organization to implement the program.

DEEP must select a different auditor at least once every five years.

Under the bill, producers, distributors, and retailers cannot sell a paint product, or offer it for sale, in Connecticut if the product’s producer is not a member of the stewardship organization.

The bill also specifies that a retailer or distributer does not violate the prohibition if the producer or brand of paint was listed on DEEP’s website in accordance with the law on the date the paint was ordered from the producer or it’s agent.

Under current law, these provisions only apply to architectural paint.

By law and under the bill, DEEP may seek civil enforcement of the paint EPR program.

Educational Materials Under current law, producers or the stewardship organization must give consumers educational materials on the paint stewardship assessment and EPR program.

The bill further specifies that these educational materials must at least cover available end-of-life managementoptionsfor allpaintproducts,ratherthanjustarchitectural paint.

As under existing law, the organization must also give samples of these materials to DEEP.

Antitrust and Unfair Trade Practices Immunity By law and under the bill, each producer and the stewardship organization are immune from antitrust or related unfair trade practice sSB147 / File No.

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201 claims to the extent that they are exercising authority under the paint EPR program.

COMMITTEE ACTION Environment Committee Joint Favorable Substitute Yea 34 Nay 0 (03/13/2026) sSB147 / File No.

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