Senate Amendment 1:
Creates the Paint Stewardship Act. Provides that each manufacturer of architectural paint sold or offered for sale at retail in the State shall submit to the Environmental Protection Agency a plan for the establishment of a postconsumer paint stewardship program. Requires the Agency to make a determination regarding whether to approve or disapprove the plan within 60 days of the plan being submitted. Prohibits a person from incinerating architectural paint collected pursuant to a paint stewardship plan. Requires the plan to be submitted no later than 12 months after the effective date of the Act. Restricts a manufacturer or retailer from selling or offering to sell architectural paint to any person in the State unless the manufacturer of the paint brand or the manufacturer's representative organization is implementing a paint stewardship plan. Provides that a manufacturer or representative organization participating in a postconsumer paint stewardship program shall not be liable for any claim of a violation of antitrust, restraint of trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in accordance with the program. Provides that by July 1, 2026, and each July 1 thereafter, a manufacturer or representative organization shall submit a report to the Agency that details the implementation of the manufacturer's or representative organization's program during the prior calendar year. Provides that financial, production, or sales data reported to the Agency by a manufacturer, retailer, or representative organization is confidential business information and is exempt from disclosure under the Freedom of Information Act. Requires a manufacturer or representative organization submitting a program plan to pay an administrative fee of $10,000 to the Agency at the time of submission. Provides that by July 1, 2026, and each July 1 thereafter, a manufacturer or representative organization operating a stewardship program shall remit to the Agency a $40,000 administration fee. Provides that on or before January 1, 2025, a manufacturer or representative organization shall implement a postconsumer paint collection plan. Provides that collection sites shall accept architectural paint from households and very small quantity generators to the extent provided in the postconsumer paint stewardship program. Sets forth penalties for violation of the Act, including a $7,000 civil penalty per violation. States legislative findings. Defines terms. Makes a conforming change in the Freedom of Information Act.
Senate Amendment 2:
Provides that it is in the best interest of the State for paint manufacturers to, among other things, collect, transport, and process leftover paint for end-of-life management, including reuse, recycling, and disposal (rather than reuse, recycling, energy recovery, and disposal). Provides that a plan for the establishment of a postconsumer paint stewardship program shall, among other requirements, describe how postconsumer paint will be managed using the following strategies: reuse, recycling, and disposal (rather than reuse, recycling, energy recovery, and disposal).