HB 880 — Requires paint manufacturers to establish a paint recycling program and prohibits the sale of their paint in the absence of a recycling program

Bill Text

Compared against the Missouri Revised Statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Missouri Revised Statutes: Section 701.151, RSMo; Section 536.028, RSMo.

• Section 701.151, RSMo

  ("Administrative fee", a fee set by the department to reimburse the department for administering this section and paid by each producer or representative organization submitting a plan under this section; (2) "Architectural paint", interior and exterior architectural coatings sold in containers of five gallons or less. "Architectural paint" shall not be construed to include industrial, original equipment, or specialty coatings; ("Collection site", any location, event, or other department-approved collection service at which architectural paint is accepted into a post-consumer paint collection program under a post-consumer paint collection program plan; (4) "Conditionally exempt small quantity generator", the same definition as in 10 CSR 25-4.261(2)(A) and is equivalent to "very small quantity generator"; (5) "Department", the department of natural resources; (6) "Director", the director of the department of natural resources, or the director's designee; bold-face (7"Environmentally sound management practices", procedures for the collection, storage, transportation, reuse, recycling, and disposal of architectural paint that shall: (Be implemented by producers or a representative organization or by contracted partners of the producers or a representative organization to ensure compliance with all applicable federal, state, and local laws and any regulations and ordinances for the protection of human health and the environment; (b) Address adequate record keeping, tracking, and documenting of the final disposition of materials; and (c) Address appropriate environmental liability coverage for the representative organization; (8) "Household waste", the same definition as in 10 CSR 80.2-010; (9) "Paint assessment fee", cost added per container of paint by producers. Such cost shall cover the cost to operate and sustain the program authorized under this section and shall be verified by an independent financial auditor; (10) "Post-consumer paint", architectural paint not used and no longer wanted by a purchaser; (11) "Producer", a manufacturer of architectural paint that sells, offers for sale, or distributes the architectural paint in this state under the producer's own name or brand; (12) "Program", the post-consumer paint collection program established under this section; (13) "Recycling", the separation and reuse or remanufacture of materials that might otherwise be disposed of as solid waste; (14) "Representative organization", a nonprofit organization established by producers to implement the program; (15) "Retailer", a person who offers architectural paint or other allied products for sale at retail in this state; (16) "Very small quantity generator", equivalent to "conditionally exempt small quantity generator". 2. Producers of architectural paint sold at retail in this state may establish or join a representative organization. The duties under this section shall be met by the representative organization on behalf of all its member producers. Any producer who is not a member of a representative organization shall meet the duties under this section separately. 3. (1) A representative organization or a producer of architectural paint sold at retail in this state that is not a member of such representative organization shall develop and submit to the director for the director's approval a plan for the establishment of a post-consumer paint collection program. The program shall be structured to: (a) Reduce the generation of post-consumer paint; (b) Promote the reuse and recycling of post-consumer paint; (c) Manage the post-consumer paint waste stream using environmentally sound management practices; and (d) Limit the department's role to oversight activities that include approving the program plan and reviewing the annual report. (2) The plan submitted under this section shall: (a) Provide a list of participating producers and brands covered by the program; (b) Provide information on the architectural paint products covered under

  amended

• Section 536.028, RSMo

  and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void.

  amended

Action History

1. May 12, 2023

   Referred: Conservation and Natural Resources(H)

2. January 23, 2023

   Read Second Time (H)

3. January 19, 2023

   Introduced and Read First Time (H)

Sponsors

• Jamie Burger · Primary

Subjects