AB1167: Bill Text

AB1167,,22 5. A goal for the number and geographic distribution of collection sites. Such a goal shall ensure that at least 90 percent of state residents have access to a collection site within 15 miles of their homes and that there is at least one collection site available for every 50,000 state residents, unless the department approves a different goal. A manufacturer may designate a retailer as a collection site if the retailer consents to act as a collection site and complies with all applicable laws, and if the retailer’s location is consistent with the maintenance of a cost-effective network of collection sites.

AB1167,,23 6. A process for properly managing collected paint using environmentally sound management practices and in an economically sound manner. Such a process shall prioritize the following methods, in the order listed:

AB1167,,24 a. Reuse.

AB1167,,25 b. Recycling.

AB1167,,26 c. Energy recovery.

AB1167,,27 d. Disposal.

AB1167,,28 7. A description of an education and outreach program that the manufacturer will undertake to inform consumers about paint collection opportunities and about the fee included in the sales price of any paint to cover the costs of implementing and sustaining the requirements of this section, and to promote the reduction, reuse, and recycling of postconsumer paint in this state.

AB1167,,29 8. The amount of the fee that the manufacturer, or a retailer of the manufacturer’s paint, will include in the sales price of any paint to cover the costs of implementing and sustaining the requirements of this section under par. (f). Such amount shall be reviewed by an independent auditor, selected by the manufacturer in consultation with the department, to ensure that the proposed fee will cover but not exceed the costs to the manufacturer or retailer to implement and sustain the requirements of this section. The department shall review the work product of the independent auditor. The cost of the work performed by an independent auditor shall be paid by the manufacturer.

AB1167,,30 9. Exemptions to any existing laws needed to allow generators of household waste and very small quantity generators, as defined under 40 CFR 260.10, to transport paint to collection sites and to allow collection sites to collect and temporarily store such paint. The department shall allow such exemptions to the extent that they do not negatively impact human health or the environment.

AB1167,,31 (b) Implementation. A manufacturer shall begin implementing an approved paint stewardship plan no later than 6 months after the department approves the plan under sub. (5) (a). The department may grant an extension to this deadline for good cause.

AB1167,,32 (c) Department fees. A manufacturer shall pay a fee to the department upon submitting a proposed paint stewardship plan under par. (a), and a manufacturer operating under an approved paint stewardship plan shall pay an annual fee to the department to administer and enforce this section. Fees paid under this paragraph shall be deposited into the environmental fund. The department shall establish a reasonable amount for the fees required under this paragraph, except that the amount of an annual fee for a manufacturer may not exceed 5 percent of the total amount of fees included in the sales price of paint under par. (f) by all manufacturers in this state during the preceding year. Annual fees shall be paid on a date set forth in an approved paint stewardship plan. The department may allow an extension of a payment deadline for good cause.

AB1167,,33 (d) Reporting. A manufacturer shall submit an annual report to the department, on a schedule included in the manufacturer’s approved paint stewardship plan. The department may extend the deadline for submitting an annual report for good cause. An annual report shall contain all of the following:

AB1167,,34 1. A description of the methods used to collect paint and manage collected paint in the previous year.

AB1167,,35 2. The volume and types of paint collected in the previous year, including a breakdown by the management methods enumerated under par. (a) 6.

AB1167,,36 3. Samples of educational materials provided to businesses, households, and the public in the previous year.

AB1167,,37 4. The cost of implementing the requirements of this section in the previous year, as supported by an independent financial audit. The independent financial auditor shall be chosen by the manufacturer.

AB1167,,38 (e) Website. No later than the implementation date under par. (b), a manufacturer shall maintain on its website all of the following:

AB1167,,39 1. If the manufacturer is a member of a paint stewardship organization under sub. (4), the names of each manufacturer in the paint stewardship organization.

AB1167,,40 2. A list of the brands of paint covered by an approved paint stewardship plan under par. (a) 2.

AB1167,,41 3. Annual reports or information relating to annual reports submitted under par. (d).

AB1167,,42 (f) Consumer fees. A manufacturer, or a retailer of the manufacturer’s paint, may include a fee in the sales price of any paint to cover the costs of implementing and sustaining the requirements of this section. The amount of such fee shall be the amount in the approved paint stewardship plan under par. (a) 8. A retailer may incorporate the fee as part of the purchase price displayed to consumers or may charge the fee separately to consumers at the time of purchase, but in all cases shall make the fee clear to consumers before purchase.

AB1167,,43 (4) Paint stewardship organizations. A manufacturer may meet the requirements under sub. (3) by participating in a paint stewardship organization that complies with the requirements of sub. (3) on behalf of the manufacturer. A paint stewardship organization shall be a nonprofit organization organized by or made up of one or more manufacturers.

AB1167,,44 (5) Department duties. (a) Plan approvals. Within 60 days after receiving a proposed paint stewardship plan under sub. (3) (a), the department shall approve or deny the proposed plan. If the department denies the proposed plan, the person submitting the proposed plan shall submit an amended proposed paint stewardship plan within 45 days after the denial.

AB1167,,45 (b) Enforcement. The department shall enforce approved paint stewardship plans and may, by rule, establish enforcement procedures. The department may not promulgate a rule under this paragraph that takes effect earlier than 10 years after the department approves a plan under par. (a).

AB1167,,46 (c) Website. 1. Subject to par. (d), the department shall maintain on its website all of the following:

AB1167,,47 a. The names of manufacturers with approved paint stewardship plans.

AB1167,,48 b. A list of the brands of paint listed in approved paint stewardship plans under sub. (3) (a) 2.

AB1167,,49 c. Information regarding the details of each approved paint stewardship plan.

AB1167,,50 d. Annual reports or information relating to annual reports received under sub. (3) (d).

AB1167,,51 2. A retailer shall be deemed to be in compliance of this section if, on the date that the retailer offers paint for sale, the manufacturer of the paint is listed on the department’s website under subd. 1. a. or the brand of paint is listed on the department’s website under subd. 1. b.

AB1167,,52 (d) Confidentiality. Financial, production, or sales data submitted to the department under this section shall be kept confidential and is not open to public inspection and copying under s. 19.35 (1). The department may publish such information in a summary or aggregated form that does not identify individual manufacturers or retailers.

AB1167,,53 (6) Antitrust and unfair trade practices. A manufacturer, retailer, or paint stewardship organization is not liable for any claim of a violation of antitrust laws or laws relating to fraudulent, deceptive, or unfair methods of competition or trade practices arising from conduct that complies with an approved paint stewardship plan under this section.

AB1167,,54 (end)