2015 -- S 0206

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LC000071

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - PROPER MANAGEMENT OF UNUSED PAINT

     Introduced By: Senators Walaska, and Ruggerio

     Date Introduced: February 11, 2015

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-24.12-2 of the General Laws in Chapter 23-24.12 entitled

"Proper Management of Unused Paint" is hereby amended to read as follows:

     23-24.12-2. Management of unused architectural paint -- Definitions. -- (1)

"Architectural paint" means interior and exterior architectural coatings sold in containers of five

(5) gallons or less. Architectural paint does not include industrial, original equipment, or specialty

coatings or latex paint.

      (2) "Department" means the department of environmental management.

      (3) "Director" means the director of the department of environmental management.

      (4) "Distributor" means a company that has a contractual relationship with one or more

producers to market and sell architectural paint to retailers in this state.

      (5) "Environmentally sound management practices" means procedures for the collection,

storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by

the representative organization or such representative organization's contracted partners to ensure

compliance with all applicable federal, state and local laws, regulations and ordinances and the

protection of human health and the environment. Environmentally sound management practices

include, but are not limited to, record keeping, the tracking and documenting of the use and

disposition of post- consumer paint in and outside of this state, and environmental liability

coverage for professional services and for the operations of the contractors working on behalf of

the representative organization.

      (6) "Paint stewardship assessment" means the amount added to the purchase price of

architectural paint sold in this state that is necessary to cover the cost of collecting, transporting

and processing post-consumer paint by the representative organization pursuant to the paint

stewardship program.

      (7) "Post-consumer paint" means architectural paint that is not used and that is no longer

wanted by a purchaser of architectural paint.

      (8) "Producer" means a manufacturer of architectural paint who sells, offers for sale,

distributes or contracts to distribute architectural paint in this state.

      (9) "Recycling" means any process by which discarded products, components and by-

products are transformed into new, usable or marketable materials in a manner in which the

original products may lose their identity.

      (10) "Representative organization" means the nonprofit organization created by

producers to implement the paint stewardship program described in § 23-24.11-3.

      (11) "Retailer" means any person who offers architectural paint for sale at retail in this

state.

      (12) "Reuse" means the return of a product into the economic stream for use in the same

kind of application as the product was originally intended to be used, without a change in the

product's identity.

      (13) "Sell" or "sale" means any transfer of title for consideration including, but not

limited to, remote sales conducted through sales outlets, catalogues, the Internet or any other

similar electronic means.

     SECTION 2. This act shall take effect upon passage and apply to latex paint sold on or

after January 1, 2016.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PROPER MANAGEMENT OF UNUSED PAINT

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     This act would exempt latex paint from the fee assessment imposed under the paint

stewardship program.

     This act would take effect upon passage and apply to latex paint sold on or after January

1, 2016.

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