HB 451 — establishing the paint product stewardship program.

HB 451-FN - ASVERSION INTRODUCEDADOPTED SESSIONBY 25-0600BOTH 08/02BODIES HOUSE13Mar2025... BILL 451-FN AN ACT establishing the paint product stewardship program.

0458h 8Jan2026...

0125EBA SESSION 25-0600 08/02 HOUSE BILL 451-FN AN ACT establishing the paint product stewardship program.

HB 451-FN - ASVERSION INTRODUCEDADOPTED 25-0600BY 08/02BOTH STATEBODIES OF13Mar2025... NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT establishing the paint product stewardship program.

0458h 8Jan2026...

0125EBA 25-0600 08/02 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT establishing the paint product stewardship program.

"Environmentally sound management practices" means procedures for the collection, storage, transportation, reuse, recycling, energy recovery, and disposal of paint, that comply with all applicable federal, state and local laws, including adequate record keeping, tracking and documenting of the final disposition of materialsmaterials. and appropriate environmental liability coverage.

"Manufacturer" means a manufacturer of a paint product who sells, offers for salesale, or distributes the paint product in the state under the manufacturer’s own name or brand.

HB 451-FN - VERSION ADOPTED BY BOTH BODIES - Page 2 - 149-M:66 Paint Product Stewardship Program Plan.

HB 451-FN - AS INTRODUCED - Page 2 - I.

(c) EstablishDescribe ahow goalpaint forproducts thecovered numberby anda geographicprogram distributionwill ofbe collectionmanaged sitesusing forenvironmentally postconsumersound paintmanagement products.practices.

(d) Describe howeducation paintand productsoutreach coveredefforts byto ainform programconsumers willabout bea managedprogram. using environmentally sound management practices.

(e) Describe educationthe andassessment outreachadded effortsto each unit of paint product sold or transferred for retail sale or to informthe consumerspublic aboutin New Hampshire as a result of a program.

(f) Provide examples of collection site procedural manuals for architectural paint products, including training procedures and electronic copies of materials that will be provided to collection sites.

(g) Describe the funding mechanism and any added fee to paint products sold in New Hampshire as a result of a program.

The description shall demonstrate how the funding mechanism will not exceed the costs to operate and sustain a program in accordance with sound management practices.

(1) A funding mechanism shall provide a fee for each container of a paint product sold by manufacturers in New Hampshire and the fee shall be remitted to the representative organization, if applicable.

(2) The fee shall be added to the cost of all paint products sold to New Hampshire retailers and distributors, and each New Hampshire retailer or distributor shall add the fee to the purchase price of all paint products covered by a program sold in New Hampshire.

(3) The initial fee shall not be more than $0.75 for containers larger than a half pint up to smaller than one gallon, $1.75 for containers from one to 2 gallons, and $3.00 for containers larger than 2 gallons.

(4) An independent auditor, selected in consultation with the department, shall verify that the assessment added to each container of a paint product will not exceed the costs to operate and sustain a program in accordance with sound management practices.

The cost of any work performed by such independent auditor shall be funded by a program.

A manufacturer may, individually or through a stewardship organization, suspend or terminate use of an approved collection site that does not comply with all applicable state, federal, or HB 451-FN - AS INTRODUCED - Page 3 - municipal laws and regulations or adhere to the rules and conditions imposed by the stewardship organization.

TheNot later than 90 days after submission of a plan under this section, the department shall reviewapprove a plan submitted underin accordance with RSA 149-M:66.149-M:66 and send written notification of such approval to the organization that submitted the plan upon determining that the organization submitting the plan fulfilled the requirements of RSA 149-M:66, II.

The department shall publish a notice on its website that the plan is available for public review at least 30 days prior to making a determination of whether to approve the plan.

Not later than 90 days after submission of a plan under this section, the department shall approve the plan and send written notification of such approval to the organization that submitted the plan upon determining that:

(a) The organization submitting the plan appears capable of implementing the plan;

(b) The proposed methods of collecting, transporting, and processing postconsumer paint appear adequate to meet the goals stated in RSA 149-M:66, II(d);

and (c) The funding mechanism proposed in the plan appears adequate to meet the requirements of RSA 149-M:66, II(g).

IV.

HB 451-FN - VERSION ADOPTED BY BOTH BODIES - Page 3 - II.

Each manufacturer, distributor, and retailer shall include the per-container feeassessment amount set forth in an approved plan in the purchase price of any paint product sold in or into New Hampshire.

Retailers149-M:69 mayAnnual incorporateReport. the fee as part of the price amount displayed to consumers of paint products.

Retailers are not required to incorporate the fee as part of the price amount displayed to consumers for paint products, provided that those retailers make information about the fee available to consumers of paint products prior to purchase.

HB 451-FN - AS INTRODUCED - Page 4 - 149-M:69 Annual Report.

A manufacturer or representative organization implementing an approved program plan under this subdivision shall submit a report annually to the commissioner that details the program.program in accordance with the program plan requirements.

AtII. a minimum, the report shall include all of the following:

(a) The total volume of paint sold in this state during the preceding program year.

(b) The total volume of postconsumer paint recovered in this state during the preceding program year.

(c) A description of methods used to collect, transport, and process postconsumer paint products in this state.

(d) The total cost of implementing the stewardship program.