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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a program for the collection, |
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transportation, and recycling of architectural paint. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 361, Health and Safety Code, is amended |
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by adding Subchapter P to read as follows: |
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SUBCHAPTER P. ARCHITECTURAL PAINT COLLECTION PROGRAM |
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Sec. 361.471. DEFINITIONS. In this subchapter: |
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(1) "Architectural paint" means interior and exterior |
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architectural coatings sold in containers of not more than five |
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gallons. The term does not include industrial, original equipment, |
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or specialty coatings. |
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(2) "Manufacturer" means a person that manufactures |
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architectural paint that is sold or offered for sale in this state. |
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(3) "Post-consumer architectural paint" means |
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architectural paint not used and no longer wanted by its purchaser. |
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(4) "Retailer" means a person who sells architectural |
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paint directly to a consumer through a selling or distribution |
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mechanism, including a sale using a catalog or the Internet. |
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Sec. 361.472. MANUFACTURER PROGRAMS FOR ARCHITECTURAL |
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PAINT COLLECTION. (a) A manufacturer shall establish, finance, |
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manage, and maintain a program for the collection, transportation, |
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recycling, and processing of architectural paint in accordance with |
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this subchapter, either individually or collectively with other |
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manufacturers. Each manufacturer is responsible for collecting, |
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handling, transporting, recycling, and processing architectural |
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paint through a program in accordance with this subchapter and |
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rules adopted under this subchapter. |
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(b) A manufacturer or a group of manufacturers operating a |
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program collectively may contract with a retailer to provide a |
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point of collection for architectural paint, either in the |
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retailer's place of business or elsewhere. |
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(c) A program established under this subchapter must: |
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(1) be approved by the commission; |
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(2) provide for convenient and available statewide |
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collection of post-consumer architectural paint in urban and rural |
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areas of this state; |
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(3) identify each manufacturer participating in the |
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program and the brands of architectural paint sold by each |
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manufacturer; |
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(4) provide for the development and implementation of |
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strategies to reduce the generation of post-consumer architectural |
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paint; |
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(5) promote the reuse of post-consumer architectural |
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paint; and |
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(6) provide for the collection, transportation, |
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recycling, and processing of post-consumer architectural paint for |
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end-of-product-life management, including recycling, energy |
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recovery, and disposal, using policies that provide for: |
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(A) recordkeeping that tracks and documents the |
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use, reuse, or disposal of post-consumer architectural paint within |
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this state and outside of this state; and |
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(B) adequate environmental liability coverage |
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for professional services and for the operations of contractors |
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working for the manufacturer. |
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Sec. 361.473. COMMISSION APPROVAL OF PROGRAM. (a) Before |
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implementing a program under this subchapter, a manufacturer or |
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group of manufacturers shall submit to the executive director for |
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approval a plan describing the program to be operated by the |
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manufacturer or group of manufacturers. |
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(b) The executive director shall approve a program plan that |
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demonstrates to the executive director's satisfaction that the |
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program will comply with the requirements of Sections |
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361.472(c)(2)-(6). |
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Sec. 361.474. ARCHITECTURAL PAINT SALES PROHIBITED; LIST OF |
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NONCOMPLIANT MANUFACTURERS. (a) A manufacturer may not sell or |
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offer for sale in this state architectural paint if the |
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manufacturer is listed on the commission's Internet website as a |
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noncompliant manufacturer. |
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(b) A retailer may not sell or offer for sale in this state |
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architectural paint that is produced by a manufacturer that is |
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listed on the commission's Internet website as a noncompliant |
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manufacturer on the date the architectural paint was ordered from |
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the manufacturer or its agent. |
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(c) Notwithstanding the prior approval of a program under |
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Section 361.473, the commission may list as noncompliant any |
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manufacturer or group of manufacturers that violates a provision of |
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this subchapter, a rule adopted under this subchapter, or an order |
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issued under Section 361.477. |
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(d) On the first day of each month, the commission shall |
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post a list on its Internet website of manufacturers that are not in |
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compliance with this subchapter. |
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Sec. 361.475. DISTRIBUTION OF INFORMATION. (a) A |
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manufacturer or group of manufacturers shall promote the program |
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established by the manufacturer or group of manufacturers under |
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Section 361.472 and provide consumers with educational materials |
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describing collection opportunities for post-consumer |
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architectural paint and information promoting waste prevention, |
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reuse, and recycling. |
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(b) At the time of sale to a consumer, a manufacturer or |
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retailer selling or offering for sale architectural paint must |
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provide the consumer with information on available |
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end-of-product-life management options offered through the |
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manufacturer's program established under Section 361.472. |
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Sec. 361.476. REPORT. (a) Not later than September 1 of |
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each year, a manufacturer, through a program established under |
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Section 361.472, shall submit to the commission a report that |
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includes: |
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(1) the volume and type of post-consumer architectural |
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paint the program collected in all regions of this state during the |
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preceding calendar year; |
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(2) the volume of post-consumer architectural paint |
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collected in this state by method of disposition, including reuse, |
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recycling, energy recovery, and disposal; |
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(3) a description of the methods used to collect, |
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transport, recycle, and process post-consumer architectural paint |
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in this state; |
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(4) samples of educational materials provided to |
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consumers of architectural paint, an evaluation of the methods used |
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to disseminate those materials, and an assessment of the |
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effectiveness of the education and outreach, including levels of |
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waste prevention and reuse; |
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(5) an analysis of the environmental costs and |
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benefits of collecting and recycling architectural paint; and |
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(6) any other information reasonably required by the |
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commission to assess compliance with this subchapter. |
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(b) The information reported by a manufacturer under |
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Subsection (a) is confidential and not subject to public disclosure |
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under Chapter 552, Government Code, except that the commission may |
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disclose the information in aggregate form. |
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Sec. 361.477. COMMISSION ORDER. The commission may order a |
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manufacturer or group of manufacturers operating a program to |
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revise the program and to take other necessary actions to comply |
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with this subchapter. |
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SECTION 2. (a) Not later than February 1, 2018, the Texas |
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Commission on Environmental Quality shall adopt any rules or forms |
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needed to implement Subchapter P, Chapter 361, Health and Safety |
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Code, as added by this Act. |
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(b) Not later than March 1, 2018, the Texas Commission on |
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Environmental Quality shall begin accepting plans seeking approval |
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for and approving manufacturer's programs established under |
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Subchapter P, Chapter 361, Health and Safety Code, as added by this |
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Act. |
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(c) A manufacturer is not required to implement a program |
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under Subchapter P, Chapter 361, Health and Safety Code, as added by |
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this Act, before September 1, 2018. |
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(d) The first report required by Section 361.476, Health and |
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Safety Code, as added by this Act, is due September 1, 2019. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2017. |
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(b) Sections 361.472, 361.474, 361.475, and 361.476, Health |
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and Safety Code, as added by this Act, take effect September 1, |
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2018. |