(1) Effective July 1, 2015, no producer shall sell, offer for sale, or distribute architectural paint in Colorado unless the producer is implementing or participating in a paint stewardship program approved by the executive director. The executive director may approve an earlier start date as part of his or her approval of a paint stewardship program plan submitted in accordance with subsection (2) of this section. A paint stewardship program must commence within ninety days after the executive director's approval of the paint stewardship program plan.
(2) One or more producers, or a stewardship organization contracted by one or more producers, shall submit for approval a paint stewardship program plan to the executive director by January 1, 2015. To be approved, a paint stewardship program plan must:
(a) Identify the following:
A list of each producer participating in the program;
The contact information for the producer or stewardship organization implementingthe program; and
A list of all brands covered by the program;
(b) Describe the manner in which the program will collect, transport, reuse, recycle, and process postconsumer architectural paint, including a description of the following:
Energy recovery and disposal; and
Standards to ensure the use of environmentally sound management practices, including collection standards;
(c) Describe the manner in which the program will collect postconsumer architectural paint. At a minimum, a program plan must establish collection practices that:
Provide convenient collection sites throughout the state;
To ensure adequate collection coverage, use demographic and geographic information modeling to determine the number and distribution of collection sites based on the following criteria:
At least ninety percent of Colorado residents must have a permanent collection sitewithin a fifteen-mile radius of their homes;
An additional permanent site must be provided for every thirty thousand residents ofan urbanized area, as defined by the United States census bureau, and distributed in a manner that provides convenient and reasonably equitable access for residents within each urbanized area, unless the executive director approves otherwise; and
For the portion of Colorado residents who will not have a permanent collection sitewithin a fifteen-mile radius of their homes, the plan must provide collection events at least once per year; and
(III) Include specific information on how to serve geographically isolated populations and a proposal for how to measure and report service to those populations. This information must include a description of how the program will work with existing recyclers and local governments that wish to continue to be involved in paint recycling and collection.
Notwithstanding the requirements of subparagraphs (I) and (II) of paragraph (c) ofthis subsection (2), the plan may, in lieu of providing collection sites for a specified geographic area or population, identify an available curbside service that provides access to residents that is at least as convenient and equitably accessible as a collection site;
Describe how the paint stewardship program will incorporate and fairly compensateservice providers for activities that may include:
For services such as permanent collection sites, collection events, or curbside services, the coverage of costs for collecting postconsumer architectural paint and architectural paint containers;
The reuse or processing of postconsumer architectural paint at a permanent collection site; and
The transportation, recycling, and proper disposal of postconsumer architectural paint;
Provide a list of the names, locations, and hours of operation for facilities acceptingpostconsumer architectural paint for recycling under the program;
Identify one or more designated persons responsible for:
Ensuring the program's compliance with this part 4 and the rules promulgated underthis part 4; and
Serving as a contact person for the department with respect to the paint stewardshipprogram;
(h) Describe the manner in which the program will achieve the following goals:
Reducing the generation of postconsumer architectural paint;
Promoting the reuse of postconsumer architectural paint; and
Using best practices that are both environmentally and economically sound to manage postconsumer architectural paint. These practices should follow a waste handling hierarchy, which provides a preference for source reduction, then reuse, followed by recycling, energy recovery, and finally waste disposal.
(i) Include an education and outreach program that must:
Target consumers, painting contractors, and paint retailers;
Reach all architectural paint markets served by the participating producers; and
Include a methodology for evaluating the effectiveness of the education and outreach program on an annual basis, including methods for determining the percentage of consumers, painting contractors, and retailers who are aware of:
Ways to reduce the generation of postconsumer architectural paint; and
Opportunities available for the reuse and recycling of postconsumer architecturalpaint;
(j) (I) Demonstrate sufficient funding for the architectural paint stewardship program described in the plan through the imposition of a paint stewardship assessment that each producer shall charge retailers and distributors for each container of the producer's architectural paint sold in Colorado. Each producer shall remit the paint stewardship assessments collected to the paint stewardship program. Each retailer and distributor shall add the amount of the paint stewardship assessment to the purchase price of a container of the producer's architectural paint sold in Colorado. The paint stewardship program must not impose any fees on customers for the collection of post-consumer architectural paint.
(II) To ensure that a paint stewardship program's funding mechanism is equitable and sustainable, the funding mechanism must:
Provide a uniform paint stewardship assessment that does not exceed the amountnecessary to recover program costs; and
Require that any funds generated by the aggregate amount of fees charged to consumers be placed back into the program.
(k) Include a proposed budget and a description of the process used to determine the paint stewardship assessment required by paragraph (j) of this subsection (2).
(3) (a) The executive director shall review a paint stewardship program plan submitted in accordance with subsection (2) of this section for compliance with this part 4, including a review of the proposed paint stewardship assessment required by paragraph (j) of subsection (2) of this section, to ensure that the paint stewardship assessment does not exceed an amount necessary to recover program costs. The executive director shall approve or reject a plan in writing within ninety days after receipt of the plan. If a plan meets the criteria of subsection (2) of this section, the executive director shall approve the plan. If the executive director rejects a plan, the executive director shall include in the written rejection the reason or reasons for rejecting the plan.
(b) (I) If the executive director approves a paint stewardship program plan, the executive director shall add:
The producer or group of producers participating in the paint stewardship programplan to a list of producers participating in an approved paint stewardship program plan; and
The brands being sold by the producer or group of producers to a list of brandsincluded in an approved paint stewardship program plan.
(II) The executive director shall publish the lists on the department's website, and he or she shall update the published lists as necessary.
The executive director's rejection of a paint stewardship program plan constitutes afinal agency action that may be appealed in accordance with the procedures set forth in section 24-4-106, C.R.S.
If the executive director's decision to reject a paint stewardship program plan is notappealed pursuant to section 24-4-106, C.R.S., or the executive director prevails on appeal, the producer, group of producers, or stewardship organization that submitted the paint stewardship program plan must submit a revised plan within ninety days after the date on which the executive director's decision was affirmed or, if no appeal was pursued, the date on which the time for appeal expired. The revised plan must provide the information required by subsection (2) of this section. The executive director shall approve or reject a revised plan under the procedure set forth in paragraph (a) of this subsection (3). The executive director's rejection of a revised plan may be appealed in accordance with section 24-4-106, C.R.S.
When submitting a paint stewardship program plan, a revised plan, or an annualreport, as required by section 25-17-405, one or more producers or a stewardship organization contracted by one or more producers shall pay a paint stewardship program plan fee, revised plan fee, or annual report fee in an amount that the commission has established or adjusted by rule. In establishing or adjusting a fee by rule, the commission shall consult with the executive director and, as needed, with an association of producers.
The aggregate amount of fees charged to consumers pursuant to this section shall bein an amount not to exceed the actual cost of the program.
Source: L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1866, § 1, effective August 6.