Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, implementation of an architectural paint stewardship program in Maine will allow for the safe, cost-effective and convenient collection of unused architectural paint; and
Whereas, a producer-sponsored paint stewardship program plan has been submitted to the Department of Environmental Protection for approval with an implementation date of August 1, 2015; and
Whereas, the changes proposed in this legislation regarding the establishment of an architectural paint stewardship program in Maine must be implemented before the submitted plan can be approved; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §2144, sub-§1, ¶A, as enacted by PL 2013, c. 395, §1, is amended to read:
A. "Architectural paint" or "paint" means interior and exterior architectural coatings sold in containers of 5 gallons or less and does not mean industrial, original equipment or specialty coatings , arts and crafts paints, 2-component coatings, deck cleaners, industrial maintenance coatings, original equipment manufacturer paints and finishes, paint additives, colorants, tints, resins, roof patch and repair, tar and bitumen-based products, traffic and road marking paints, wood preservatives, ignitable paint thinners or solvents used for cleaning paint-related equipment or contaminated with architectural paint or paint thinners or solvents identified as hazardous waste in 40 Code of Federal Regulations, Section 261.31 that are used for cleaning paint-related equipment or contaminated with architectural paint.
Sec. 2. 38 MRSA §2144, sub-§1, ¶¶A-1, A-2 and A-3 are enacted to read:
A-1. "Collection container" means a container that is designed to store more than one individual container of architectural paint that meets federal Department of Transportation specifications for containing those items.
A-2. "Collection site" means an entity that collects post-consumer paint directly from consumers for end-of-life management and may include, but is not limited to, retailers, hardware and home improvement stores, transfer stations and operations that otherwise collect household hazardous waste. A collection site may also accept universal wastes under the rules of the department.
A-3. "Conditionally exempt small quantity generator" means a conditionally exempt small quantity generator as defined in 40 Code of Federal Regulations, Section 261.5.
Sec. 3. 38 MRSA §2144, sub-§1, ¶B, as enacted by PL 2013, c. 395, §1, is amended to read:
B. "Consumer" means a purchaser or user of architectural paint. "Consumer" includes a purchaser or user of architectural paint who also generates post-consumer paint.
Sec. 4. 38 MRSA §2144, sub-§1, ¶K-1 is enacted to read:
K-1. "Post-consumer paint that is a hazardous waste" means post-consumer paint that is a hazardous waste as defined in 40 Code of Federal Regulations, Part 261, Subparts C and D.
Sec. 5. 38 MRSA §2144, sub-§2, ¶¶H and I, as enacted by PL 2013, c. 395, §1, are amended to read:
H. An anticipated budget for operation of the paint stewardship program, including the suggested method of funding the program, which must include the method of calculating a paint stewardship assessment that meets the requirements of subsection 4; and
I. A description of how post-consumer paint collected under this section will be managed at each collection site, including how post-consumer paint will be labeled and , provisions for secondary containment ; and protecting post-consumer paint from weather and a description of how subsection 5-A, paragraph G will be satisfied.
Sec. 6. 38 MRSA §2144, sub-§2, ¶¶J and K, as enacted by PL 2013, c. 395, §1, are repealed.
Sec. 7. 38 MRSA §2144, sub-§5, ¶E, as amended by PL 2013, c. 483, §2, is further amended to read:
E.
By October 15, 2016, and annually thereafter, the operator of a paint stewardship program shall submit a report to the commissioner regarding the paint stewardship program. If implementation of a plan begins before December 31, 2014, the commissioner may establish an earlier date for submission of the initial report. The report must include, but is not limited to:
(1) A description of the methods used to collect, transport, reduce, reuse and process post-consumer paint in the State;
(2) The volume of post-consumer paint collected in the State;
(3) The volume and type of post-consumer paint collected in the State by method of disposition, including reuse, recycling and other methods of processing;
(4) The total cost of implementing the paint stewardship program, as determined by an independent financial audit funded from the paint stewardship assessment. The report of total cost must include a breakdown of administrative, collection, transportation, disposition and communication costs;
(5) A summary of outreach and educational activities undertaken and samples of educational materials provided to consumers of architectural paint;
(6) The total volume of post-consumer paint collected by the paint stewardship program and a breakdown of the volume collected at each collection site;
(7) Based on the paint stewardship assessment collected by the paint stewardship program, the total volume of architectural paint sold in the State during the preceding year;
(8) A list of all processors , including recyclers and disposers, used to manage post-consumer paint collected by the paint stewardship program in the preceding year up to the paint's final disposition, the volume each processor accepted and the disposition method used by each processor; and
(9) An evaluation of the effectiveness of the paint stewardship program compared to prior years and anticipated steps, if any are needed, to improve performance throughout the State.
Sec. 8. 38 MRSA §2144, sub-§5-A is enacted to read:
Sec. 9. 38 MRSA §2144, sub-§6, as enacted by PL 2013, c. 395, §1, is amended to read:
Sec. 10. Appropriations and allocations. The following appropriations and allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Remediation and Waste Management 0247
Initiative: Provides funding for rulemaking related to changes in the stewardship program for architectural paint.
| GENERAL FUND |
2015-16 |
2016-17 |
|
All Other
|
$5,000 |
$0 |
|
 |
|
| GENERAL FUND TOTAL |
$5,000 |
$0 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
This amendment replaces the bill and amends the laws governing the stewardship program for architectural paint as follows:
1. It amends the definitions of the terms "architectural paint" and "consumer" and adds new definitions for the terms "collection container," "collection site," "conditionally exempt small quantity generator" and "post-consumer paint that is a hazardous waste";
2. It amends the requirements regarding the information to be included in a submitted plan for the establishment of a paint stewardship program;
3. It provides new requirements applicable to participating collection sites under an approved paint stewardship program, including directives on the collection and storage of post-consumer paint, record-keeping by collection sites and acceptance of post-consumer paint that is a hazardous waste;
4. It provides that, except as may otherwise by required by federal law or under an approved paint stewardship program plan, the Department of Environmental Protection may not impose requirements on collection sites that are more stringent than the requirements set forth in statute; and
5. It provides that a collection site that uses environmentally sound management practices is not subject to penalties for violation of the department's rules related to post-consumer paint.
The amendment also adds an appropriations and allocations section and an emergency preamble and an emergency clause.