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Senate adopts paint stewardship user-fee program after heated debate over whether the measure is a tax
Summary
After a contentious floor debate over whether the measure imposes a tax and whether immunity language is too broad, the Senate adopted the committee recommendation that House Bill 451 ought to pass; the program creates a manufacturer-funded nonprofit (PaintCare) and a retail user fee for post-consumer paint recycling.
The Senate adopted the Ways & Means committee recommendation that House Bill 451, establishing a paint product stewardship program, "ought to pass" and ordered the bill to third reading by roll-call vote (13–11).
Senator Lang described the measure as a bipartisan, industry-supported stewardship program that creates a nonprofit—PaintCare—to collect and recycle leftover paint at participating retailers at no additional municipal collection cost. The program is funded by a per-product fee collected at retail and remitted to the stewardship organization, and the bill includes reporting requirements.
Senator Murphy and others strongly criticized the bill on multiple fronts: he characterized it as "a new sales tax on paint," warned that the bill delegates fee-setting to the organization and the department rather than setting a fixed statutory rate, and raised concerns that small independent hardware stores may be disadvantaged compared with big-box retailers. He also said the bill grants immunity for spills and discharges tied to paint handling that could shield polluters in some scenarios.
Supporters said many surrounding states have similar programs, retailers and manufacturers are prepared to implement the program immediately, and that reporting provisions allow fee adjustments if collections are excessive. A floor amendment to delay the effective date failed, but a different amendment (54) changed the effective date and passed on a division vote.
What happens next: HB 451 is now ordered to third reading; the program structure and fee-setting process — and the immunity language critics highlighted — are likely to be reviewed further as the bill moves forward and during implementation planning if enacted.
