SB 1143: Paint products: stewardship program.

(1)Existing law establishes the architectural paint recovery program, which is administered by the Department of Resources Recycling and Recovery (CalRecycle) and requires a manufacturer or designated stewardship organization to develop and implement a stewardship plan. Existing law requires the stewardship plan to include a recovery program to reduce the generation of, promote the reuse of, and manage the end-of-life of of, postconsumer architectural paint, as provided. Existing law prohibits a manufacturer or retailer from selling or offering for sale architectural paint in the state unless the manufacturer is in compliance with the program. Existing law requires the stewardship organization to pay to CalRecycle quarterly administrative fees to cover CalRecycles full administrative and enforcement costs of the program, as provided. Existing law authorizes CalRecycle to impose a civil penalty on any person in violation of the program, as specified. Existing law requires CalRecycle to adopt regulations to implement the program. Existing law establishes the Architectural Paint Stewardship Account and the Architectural Paint Stewardship Penalty Subaccount in the Integrated Waste Management Fund for the deposit of fees and civil penalties, respectively, imposed pursuant to the program and makes moneys in the account and subaccount available upon appropriation by the Legislature for purposes of the program.

This bill would revise and recast the architectural paint recovery program as the paint product recovery program. The bill would expand the scope of the stewardship program from architectural paint to paint products, and thereby subject paint products to the requirements of the program. The bill would define paint product to mean architectural coatings, aerosol coating products, nonindustrial coatings, and coating-related products, as provided. The bill would exempt aerosol coating products, coating-related products, and nonindustrial coatings added to the stewardship program by the bill from the requirements of the program until January 1, 2028, or the approved stewardship plans implementation date for those products, whichever occurs sooner, as specified. Among other changes, the bill would require a manufacturer, individually or through a stewardship organization, to review its plan at least every 5 years after approval by CalRecycle and determine whether amendments to the plan are necessary. The bill would rename the account for the deposit of fees the Paint Product Stewardship Account and would rename the subaccount for the deposit of civil penalties the Paint Product Stewardship Penalty Subaccount. The bill would make conforming changes.

The bill would require all reports and records stewardship plans, annual reports, and other submissions to CalRecycle required pursuant to the requirements of the program to be signed under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.

(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.