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Committee considers expanding Vermont paint stewardship program to aerosols and related products

3027967 · April 17, 2025
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Summary

The House Natural Resources & Energy committee reviewed draft language to expand the state's PaintCare stewardship law to include aerosol coatings, coating‑related products and certain nonindustrial coatings, discussed fee‑setting mechanics and timeline, and directed program operators to return with proposed fees by Dec. 15, 2025.

The Natural Resources & Energy Committee on April 16 reviewed draft changes to bill 03/19 that would bring aerosol spray paints, paint thinners and other paint‑related products under Vermont's existing extended producer responsibility (EPR) paint stewardship program.

The draft, described by Department of Environmental Conservation Director of Waste Management Prevention Matt Chapman as an "ANR discussion draft revised, with paint technical corrections," would add new definitions to the paint statute including "aerosol coating products," "coating related products" and "nonindustrial coatings," and create a broader definition of "paint product" to include architectural coatings plus the new categories. Chapman said the language represents consensus edits developed with PaintCare (the product stewardship organization), solid waste districts and ANR staff.

Committee members and stakeholders said the change would simplify public guidance and program logistics by moving many materials now handled through household hazardous waste programs into PaintCare's stewardship system. "The paint care program's been in existence for a while now, and it's an incredibly successful program," Chapman said, noting PaintCare's response to flood‑related debris in recent years. Heidi McCallum, senior vice president of the American Coatings Association, said PaintCare operates 82 permanent year‑round drop‑off sites in Vermont and has collected over 1.2 million gallons of paint in the state since it began operations there.

Committee members pressed staff and PaintCare representatives on the bill's fee provisions, which keep the current fixed fee model for architectural coatings while giving PaintCare a statutory range to set fees for the newly added product categories. Chapman and McCallum described the fee process the stewardship organization uses: an independent financial auditor evaluates collection, transportation and processing costs and manufacturers report sales in the state; PaintCare then proposes a fee schedule. Committee members said the draft language should be clearer that retailers will collect a fee set by PaintCare (and approved through the process) rather than allowing retailers to choose the assessment amount.

Committee direction and next steps were procedural rather than legislative votes. Members agreed to refine the draft language to make the fee‑setting and retailer collection mechanics clearer and to require PaintCare and ANR to report back to this committee and the money committees with proposed fees for aerosol coatings, coating‑related products and nonindustrial coatings by Dec. 15, 2025. Committee staff and sponsors also noted the bill may need to be routed to the joint finance committee depending on final draft language.

The discussion touched on implementation timing. The draft implementation schedule described in the meeting would keep the existing architectural paint plan in place while requiring producers of all paint‑related products to submit stewardship plans by a scheduled implementation date (the draft sets program start dates in mid‑2026 with reporting milestones into 2027). Stakeholders told the committee they need time to finalize cost estimates for the new product categories before precise fees can be set.

What happens next: Committee staff will circulate an updated draft that clarifies who sets the fee, how retailers are reimbursed, and the reporting deadline. PaintCare and ANR will prepare the detailed fee proposal, supported by independent financial audits, and must report back by Dec. 15, 2025 so the Legislature can act on statutory fees if it chooses.

Votes at a glance: No formal motions or votes were recorded on 03/19 during the April 16 discussion; the committee instead provided drafting direction and set reporting expectations.