This bill establishes a Paint Product Stewardship Program in New Hampshire, aimed at managing postconsumer paint products through environmentally sound practices. It introduces new definitions related to paint products, including "aerosol coating product," "architectural paint," and "postconsumer paint," as outlined in the newly inserted section 149-M:65. Manufacturers or their representative organizations are required to submit a stewardship program plan to the Department of Environmental Services, detailing management strategies, collection sites, and funding mechanisms, which may include fees based on container sizes. The bill also mandates that manufacturers and retailers cannot sell paint products in New Hampshire unless they are part of an approved stewardship program, as per section 149-M:68, and allows for voluntary participation of retailers as collection sites without imposing additional charges for paint management.
Additionally, the bill requires manufacturers and representative organizations to submit an annual report to the commissioner detailing their stewardship program's performance, including paint sold and recovered, collection methods, implementation costs, and an independent financial audit. The first report is due 120 days after the first year of program implementation, with subsequent reports required annually. The bill exempts manufacturers from certain antitrust claims related to their participation and ensures confidentiality of financial data submitted to the department. It also outlines administrative responsibilities and fees, requiring manufacturers to cover the department's personnel costs, and provides protections for collection point operators against penalties for spills or leaks, provided they adhere to environmentally sound practices. The act is set to take effect on July 1, 2025.
Statutes affected: Introduced: 21-I:14-c