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New York Enacts Legislation Requiring Paint Manufacturers to Establish a Program for Collection and Recycling of Unused Consumer Paint

New Yorkers will soon have a convenient way to ensure that their unwanted and unused paints are properly recycled. On December 16, 2019, Governor Cuomo signed into law the Postconsumer Paint Collection Program, a law that requires paint producers to collect, transport, reuse, recycle, and properly dispose of postconsumer paint in an environmentally sound manner. It applies to “architectural paint,” or “interior and exterior architectural coatings sold in containers of five gallons or less.” Architectural paint does not include industrial, original equipment or specialty coatings.

The law requires paint producers (either individually or collectively, for example through a non-profit organization) to register with the New York Department of Environmental Conservation (“NYDEC”) by July 1, 2020, and pay a registration fee. As part of the registration process, each producer or collective organization must submit its plan to comply with the new law, including its paint acceptance program, treatment, storage, transportation and disposal plan, and a list of locations within New York where consumers may drop off unused paint (which may include some municipal waste collection facilities, retail stores, and other facilities). 

Within 6 months after NYDEC approves the plan (or by January 1, 2021, if that comes later), the producers or collective organization must begin to implement their plans for collection and recycling/reuse/disposal of unused consumer paint. Paint manufacturers must also provide educational materials to help raise consumer awareness of the unused paint collection program.

The program will be financed by a new fee added to the price of architectural paint sold to retailers and distributors in the state (which may be passed on to consumers). The collection sites identified in the plan of the producers or collective organization are prohibited from charging for receipt of the postconsumer paints.

Other states have already enacted similar paint stewardship programs, with help from the American Coatings Association and the Product Stewardship Institute.

This law is yet another step forward for New York’s growing Product Stewardship Initiative to address the health, safety, environmental, and social impacts of products and their packaging throughout all lifecycle stages. The State has adopted mandatory product stewardship requirements for managing several categories of products at their end of life, including electronics, rechargeable batteries, and mercury thermostats. It has more limited programs for other end-of-life products, including beverage containers, cell phones, plastic bags, lead-acid batteries, and waste tires.

© 2020 Beveridge & Diamond PC National Law Review, Volume X, Number 16

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About this Author

Aaron H. Goldberg Hazardous Waste Regulatory Law Attorney Beveridge & Diamond Washington, DC
Principal

Aaron applies his decades of experience with hazardous waste regulatory law to help clients comply with the rules, help mold the rules, and defend against allegations of noncompliance.

He holds an advanced degree in chemistry, has extensive training in economics, and is a former consultant to the U.S. Environmental Protection Agency. His unique, multidisciplinary background—law, science, economics, and government—informs nearly every aspect of his work and makes him a valuable bridge between attorneys, engineers, business managers, consultants, and regulators.

Aaron has...

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Sarah A. Kettenmann Environmental Attorney Beveridge & Diamond New York, NY
Associate

Sarah uses her knowledge of environmental law and the physical sciences to help clients solve complex problems in a conservation-minded manner.

She maintains a diverse environmental practice, which includes litigation matters involving toxic torts and products liability and class action litigation concerning environmental and regulatory claims. Her regulatory practice includes advising clients on compliance with, and enforcement of, land use restrictions and remediation, and due diligence for waste facility permits under federal and state statutes. She also counsels clients on procedural and substantive aspects of permitting and environmental impact review, and related strategic planning for project development. She further advises clients on Occupational Safety and Health Act (OSHA) and Toxic Substances Control Act (TSCA) compliance and enforcement. Sarah is a co-author of the Air Quality chapter in the Environmental Law and Regulation in New York treatise.

Before joining Beveridge & Diamond, Sarah clerked for the Hon. Chase T. Rogers, Chief Justice of the Connecticut Supreme Court, from June 2014 to July 2015. During her time at Pace Law School, Sarah served as a judicial extern for Judge Laura Taylor Swain in the United States District Court for the Southern District of New York (S.D.N.Y.). She interned in the Civil Division of the U.S. Attorney’s Office, S.D.N.Y., where she assisted with settlements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and under the Fair Housing Act to increase accessibility for people with disabilities. She also interned in the King’s County District Attorney’s Office and served as an environmental policy adviser and legal extern in the United Nations General Assembly, Permanent Mission of Saint Kitts & Nevis to the United Nations. She was as a research assistant in the Pace University Center for Environmental Legal Studies and acquisitions editor for Pace Environmental Law Review.

At Yale University, Sarah wrote her master's project on international legal frameworks for recovering electronic waste and also conducted field research on the impact of a proposed biofuels production plant in south Hawaii Island.

Prior to law school, Sarah participated in the first federally funded research expedition dedicated solely to examining the accumulation of plastic debris in the North Atlantic Ocean. Before that, she worked as a research associate for the Environmental Law Institute in Washington, D.C., where she assisted staff attorneys and senior attorneys on law and policy projects designed to strengthen environmental governance domestically and internationally.

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