HB 1376 — Concerning paint stewardship.

H-1656.2SUBSTITUTEH-0641.1HOUSE HOUSE BILL 1376State of Washington65th Legislature2017 Regular SessionBy House Environment (originally sponsored by Representatives Peterson, Goodman, Tarleton, Gregerson, Ormsby, Bergquist, and Stanford)READStanfordRead FIRSTfirst TIMEtime 02/16/17.AN01/18/17. ACT Relating to paint stewardship;

Referred to Committee on Environment.AN ACT Relating to paint stewardship;

There is not a comprehensive statewide, end-of-life management plan for architectural paint, resulting in significant missed opportunities to reduce, reuse, and recycle paint.(3)(a) It is in the best interest of Washington for paint manufacturers to assume responsibility for the development and implementation of a cost-effective paint stewardship program that:(i) Develops and implements strategies to reduce the generation of leftover paint;(ii) Promotes the reuse of leftover paint;(iii)paint; Collects, transports, and processes leftover paint for end-of-life management, including reuse, recycling, energy recovery, and disposal;

and(iv)and(iii) ProvidesCollects, transports, and processes leftover paint for transparencyend-of-life undermanagement, chapterincluding 42.56reuse, RCW,recycling, theenergy publicrecovery, recordsand act.(b)disposal.(b) A paint stewardship program will follow the paint waste management hierarchy for managing and reducing leftover paint in the order as follows:(i) Reduce consumer generation of leftover paint;(ii) Reuse;(iii) Recycle;

or(c) Any generator of dangerous waste as defined in RCW 70.105.010 that brings leftover architectural latex paint to a paint program collection site operating under an approved Washington state paint stewardship plan.(7) "Curbside service" means a waste collection, recycling, and disposal service providing pickup of leftover architectural paint from residential sources, such as single-family households and multifamily housing, or other covered entities in quantities generated from households or conditionally exempt small quantity generators,generators.(8) provided by a solid waste collection company regulated under chapter 81.77 RCW or under a contract for solid waste services with any city or town.(8) "Department" means the department of ecology.(9) "Distributor" means a person that has a contractual relationship with one or more manufacturers to market and sell architectural paint to retailers in Washington.(10) "End-of-life" or "end-of-life management" means activities including, but not limited to, collection, transportation, reuse, recycling, energy recovery, and disposal for leftover architectural paint.(11) "Energy recovery" means the recovery of energy in a useable form from mass burning or refuse-derived fuel incineration, pyrolysis, or any other means of using the heat of combustion of solid waste that involves high temperature (above twelve hundred degrees Fahrenheit) processing.(12) "Environmentally sound management practices" means compliance with all applicable laws and rules to protect workers, public health, and the environment, and also addresses such issues as safe and environmentally sound management of architectural paint from collection through final disposition, adequate recordkeeping, tracking and documenting the fate of materials within the state and beyond, and adequate environmental liability coverage for the stewardship organization and for contracted service providers to the stewardship organization.(13) "Final disposition" means the point beyond which no further processing takes place and the paint has been transformed for direct use as a feedstock in producing new products or is disposed of, including for energy recovery, in permitted facilities.(14) "Household hazardous waste" means waste that exhibits any of the properties of dangerous waste that is exempt from regulation under chapter 70.105 RCW, hazardous waste management, solely because the waste is generated by households.

WithThe theplan exceptionmust ofrequire any surplus funds generated from the annualfunding administrationmechanism costsbe paidput toback into the departmentprogram underto sectioneither 7(4)increase and improve program services or reduce the cost of thisthe act,program and the departmentarchitectural maypaint notstewardship controlassessment, or haveboth.(e) spendingThe authorityproposed relatedarchitectural paint stewardship assessment must be reviewed by an independent auditor to ensure that such an assessment is consistent with the fundsbudget receivedof bythe paint stewardship program and the independent auditor shall recommend an amount for the architectural paint stewardship organizationassessment fromto the assessment.department.

Funds received by the stewardship organization are not state funds and not eligible to be transferred for other state purposes in an appropriations act.

The plan must require any surplus funds generated from the funding mechanism be put back into the program to either increase and improve program services or reduce the cost of the program and the architectural paint stewardship assessment, or both.

The plan must not allow the stewardship organization to retain fund balances between program years that exceed a reserve of no greater than ten percent of the operating expenditures during the most recent program year, unless the excess balance beyond that reserve is specifically budgeted in the following year to increase or improve program services or to reduce the cost of the program or the amount of the architectural paint stewardship assessment.(e) The proposed architectural paint stewardship assessment must be reviewed by an independent auditor to ensure that such an assessment is consistent with the budget of the paint stewardship program and the independent auditor shall recommend an amount for the architectural paint stewardship assessment to the department.

The report must be based on the requirements outlined in section 9 of this act.(5) A stewardship organization shall work with producers, distributors, and retailers to provide consumers with educational and informational materials describing collection opportunities for leftover paint statewide and promotion of waste prevention, reuse, and recycling of leftover paint.paint.(6) A stewardship organization shall pay an annual administrative fee, described in section 7 of this act, in an amount sufficient to cover only the department's cost of administering and enforcing a paint stewardship program established under this chapter.NEW SECTION.  Sec. 7.  (1) The department shall review the plan within one hundred twenty days of receipt, and make a determination whether or not to approve the plan.

A stewardship organization shall also work with local governments to provide consumers and the populations served by solid waste collection under plans adopted pursuant to chapter 70.95 RCW with educational and informational materials regarding local collection options for leftover paint, including curbside service, that are either provided through the stewardship organization or under local solid or hazardous waste plans.

These educational materials must also encourage and provide information regarding the disposition of leftover paint and the cleaning of paint-soiled accessories in ways that reduce impacts to water quality.(6) A stewardship organization shall pay an annual administrative fee, described in section 7 of this act, in an amount sufficient to cover only the department's cost of administering and enforcing a paint stewardship program established under this chapter.NEW SECTION.  Sec. 7.  (1) The department shall review the plan within one hundred twenty days of receipt, and make a determination whether or not to approve the plan.

The department shall make the proposed annual administration fee, along with an accounting of the costs, available for public review and comment for at least thirty days.(b) The department shall collect annual administration fees from each stewardship organization by June 30, 2018, and annually thereafter.(5) The department shall enforce this chapter.(a) The department may administratively impose a civil penalty on any person who violates this chapter in an amount of up to one thousand dollars per violation per day.(b) The department may assess a civil penalty of up to ten thousand dollars per violation per day on any person who intentionally, knowingly, or negligently violates this chapter.(c) Any person who incurs a penalty under this section may appeal the penalty to the pollution control hearings board established by chapter 43.21B RCW.(6) By July 1, 2018,2017, or upon the date the first plan is approved, whichever date is earlier, the department shall post on its web site a list of producers and their brands for which the department has approved a plan pursuant to section 4 of this act.