Solid waste: architectural paint: recovery program.

Existing law prohibits the disposal of latex paint in the land or waters of the state and authorizes certain persons to accept latex paint for recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, is required to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient cost-effective manner to conserve water, energy, and other natural resources. This bill would create an architectural paint recovery program that would be enforced by the department. On or before April 1, 2012, a manufacturer or designated stewardship organization would be required to submit to the department an architectural paint stewardship plan to develop and implement a recovery program to reduce the generation of postconsumer paint, promote the reuse of postconsumer architectural paint, and manage the end-of-life of postconsumer architectural paint, in an environmentally sound fashion, including collection, transportation, processing, and disposal. The plan would be required to contain specified elements of an architectural paint stewardship program, including, but not limited to, an architectural paint stewardship assessment, approved by the department, on each container of architectural paint sold in this state. The bill would require the plan to be reviewed and approved by the department within 90 days of receipt. This bill would require, on or before July 1, 2012, or 3 months after a plan is approved by the department, the manufacturer or stewardship organization to implement the architectural paint stewardship program described in the approved plan. The bill would also prohibit a manufacturer or retailer from selling or offering for sale architectural paint to any person in this state, unless the manufacturer is listed on the department's Internet Web site as being in compliance with the bill's requirements. The prohibition would be in effect on the 120th day after a notice listing the manufacturers that are in compliance is posted on the department's Internet Web site and would remain in effect with regard to a noncompliant manufacturer until that manufacturer is listed on the department's Internet Web site or can otherwise demonstrate compliance, as prescribed. This bill would authorize the department to administratively impose civil penalties for violations of the act. The bill would also require a stewardship organization to pay the department annual administrative fees in the amount that is sufficient to cover the department's full costs of administering and enforcing the program. The bill would establish the Paint Recovery Account in the Integrated Waste Management Fund, would require the fees to be deposited in this account, and would require the department to expend those fees, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would also establish the Paint Recovery Penalty Subaccount in the Integrated Waste Management Fund, would require the penalties collected to be deposited in that subaccount, and would authorize the department to expend those funds, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would require manufacturers to submit a report to the department by July 1, 2013, and each year thereafter, describing their paint recovery efforts. The bill would provide that certain actions taken pursuant to the program established by the bill do not violate the Cartwright Act or the Unfair Practices Act.