New Hampshire HB 1198: establishing the paint product stewardship program.

Bill Text

HB 1198-FN - AS INTRODUCED

2026 SESSION

 26-2772

 08/07

HOUSE BILL 1198-FN

AN ACT establishing the paint product stewardship program.

SPONSORS: Rep. Ebel, Merr. 7; Rep. J. Aron, Sull. 4; Rep. Burroughs, Carr. 2; Rep. Spier, Hills. 6; Rep. Thackston, Ches. 12; Rep. Creighton, Hills. 30; Rep. Bixby, Straf. 13; Rep. Leishman, Hills. 33; Rep. M. Murray, Hills. 37; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Pearl, Dist 17; Sen. Avard, Dist 12

COMMITTEE: Commerce and Consumer Affairs

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ANALYSIS

 This bill establishes the paint product stewardship program.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2772

 08/07

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT establishing the paint product stewardship program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Subdivision; Paint Product Stewardship Program. Amend RSA 149-M by inserting after section 64 the following new subdivision:

Paint Product Stewardship Program

 149-M:65 Definitions. In this subdivision: 

 I. "Aerosol coating product" means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for hand-held application, or for use in specialized equipment for ground traffic or marking applications.

 II. "Architectural paint" means interior and exterior architectural coatings sold in containers of 5 gallons or less.

 III. "Collection site" means any location or event at which paint is accepted into a postconsumer paint stewardship program pursuant to a postconsumer paint stewardship program plan.

 IV. "Department" means the department of environmental services.

 V. "Environmentally sound management practices" means procedures for the collection, storage, transportation, reuse, recycling, energy recovery, and disposal of paint, that comply with all applicable federal, state and local laws, including adequate record keeping, tracking and documenting of the final disposition of materials.

 VI. "Postconsumer paint" means paint not used and no longer wanted by a purchaser.

 VII. "Manufacturer" means manufacturer of a paint product who sells, offers for sale, or distributes the paint product in the state under the manufacturer’s own name or brand.

 VIII. "Paint or paint product" means architectural paint, aerosol coating products, and additional products as defined in an approved program plan. “Paint” or “Paint product” shall not include industrial or original equipment coatings.

 IX. "Program" means a postconsumer paint stewardship program established pursuant to RSA 149-M:66.

 X. "Representative organization" means a nonprofit organization established by a manufacturer to implement a postconsumer paint stewardship program.

 XI. "Retailer" means a company that offers paint or other allied products for retail sale in the state.

 149-M:66 Paint Product Stewardship Program Plan.

 I. A manufacturer of paint sold at retail in New Hampshire, or representative organization, shall submit to the commissioner a plan for the establishment of a postconsumer paint product stewardship program to cover paint products as defined in RSA 149-M:65. Additional paint products may be proposed in a subsequent program plan in consultation with the department.

 II. A plan submitted to the department under this section shall:

 (a) Provide a list of participating manufacturers and brands covered by a program. 

 (b) Provide information on the paint products covered by the program.

 (c) Describe how paint products covered by a program will be managed using environmentally sound management practices. 

 (d) Describe education and outreach efforts to inform consumers about a program.

 (e) Describe the assessment added to each unit of paint product sold or transferred for retail sale or to the public in New Hampshire as a result of a program.

 III. Participation as a collection site is voluntary. A retailer or political subdivision that agrees to comply with any requirements that are consistent with the stewardship plan may request in writing to participate in the stewardship plan as an approved collection site. 

 IV. A manufacturer may, individually or through a stewardship organization, suspend or terminate use of an approved collection site that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the stewardship organization.

 149-M:67 Plan Submission and Approval.

 I.