Subcommittee discusses paint stewardship bill; sponsors, paint industry and regulators to refine language

The Commerce and Consumer Affairs subcommittee took testimony and discussed language changes to House Bill 451, a bill to set up a paint stewardship program in New Hampshire. Industry representatives described an established model used in other states and urged the committee to avoid prescriptive fee language and unnecessary retail disclosure. State hazardous‑waste regulators recommended designating oil‑based paint as universal waste to simplify collection and handling.

Jeremy Jones, director of extended producer responsibility at the American Coatings Association, described the common structure used elsewhere: manufacturers fund a stewardship organization that contracts collection, transport and recycling or disposal. "It is like the beer tax model in that the manufacturer’s cost is built into the product price as a cost of doing business," he said, but he asked the committee not to require retailers to display a separate fee on customer receipts. Sponsors and staff acknowledged the difference among states and agreed the bill could be revised to avoid itemized receipt disclosure while preserving a funding mechanism that prevents free riders.

Department of Environmental Services hazardous‑waste bureau administrator Todd Piskovitz explained why designating certain paints as universal waste helps: households are exempt from regulation but retailers that accept returned materials can become regulated generators unless the material is treated as universal waste. That designation allows retail collection without imposing the stricter generator obligations on retailers while still requiring licensed hazardous‑waste transporters to handle consolidated pickups.

Sponsor Representative Karen Ebel said she and stakeholders would remove specific fee amounts and work with industry and DES to refine language about universal‑waste handling, liability and the state’s plan‑approval role. The subcommittee asked staff to prepare a revised draft and scheduled additional work; sponsors indicated they would present an amendment to the subcommittee ahead of the next meeting so the committee could review it before early‑bill deadlines.