SS/SB 917 - This act creates provisions relating to a post-consumer paint recycling program. Under the act, producers of architectural paint sold in the state may establish or join a representative organization, as defined in the act. The duties of the representative organization shall be on behalf of all its member producers. Any producer who is not a member of a representative organization shall have the duties under the act separately. A representative organization or a producer of architectural paint sold at retail in the state that is not a member of such representative organization shall develop and submit to the Director of the Department of Natural Resources for the Director’s approval a plan for the establishment of a post-consumer paint collection program. Additional paint products may be proposed in a subsequent program plan in consultation with the Department. The structure of the program includes reduction of post-consumer paint, promotion of reusing and recycling of post-consumer paint, and other specifics described in the act. Requirements of the plan, including costs, transportation and recycling, an independent financial auditor, enforcement, and other specifics are described in the act. The Department shall establish an administrative fee to be paid by each producer or representative organization submitting the plan under the act. The Department shall set the administrative fee amount when paid by every producer or representative organization that submits the plan as described in the act. The act creates the Paint Stewardship Subaccount within the Solid Waste Management Fund. All administrative fees received under the act shall be deposited into the subaccount. The administrative fees collected under this provision shall be dedicated, upon appropriation, to the Department for the administration of the provisions of the act. Moneys and interest earned on moneys in the subaccount shall not revert to the General Revenue Fund at the end of each biennium. Upon implementation of the program under the act, each producer shall include in the price of any architectural paint sold to retailers and distributors in the state a paint assessment fee in the approved plan as described in the act. Retailers may incorporate the paint assessment fee into the price of architectural products as described in the act. After the paint collection program is implemented, no producer or retailer shall sell or offer for sale architectural paint to any person in this state unless the producer of a paint brand or a representative organization is implementing or participating in such program as required under the act. A retailer shall be deemed to be in compliance with this act if, on the date the architectural paint was offered for sale, the producer is listed on the Department’s website as implementing or participating in the program or if the paint brand is listed on the Department’s website as being included in the program. A paint collection site authorized under the act shall not charge any additional amount for the disposal of paint when the paint is offered for disposal. A producer or a representative organization that organizes the collection, transport, and processing of post-consumer paint under the act shall not be liable for anticompetitive activity arising from conduct undertaken in accordance with the program. Before March 31st of each year, the producers or representative organizations shall submit an annual report for the previous year to the Director that details the program. The requirements of such report are described in the act. The producers or the representative organization shall implement the program on January 1, 2028, or six months after the approval of the plan, whichever occurs later. Generators of household waste, as defined in the act, and conditionally exempt small quantity generators may transport or send architectural paints to a paint collection site to the extent permitted by a paint collection program approved by the Director. Paint collection sites may collect and temporarily store architectural paints generated by entities specified in the act in accordance with the requirements of the program in lieu of any otherwise applicable requirements of state laws or regulations. Nothing in the act shall be construed to restrict the collection of architectural paint by a program where such collection is authorized by any other state laws or regulations. Nothing in the act shall be construed to affect any requirements applicable to facilities that treat, dispose, or recycle architectural paint under any other state laws or regulations. The act is similar to SB 239 (2025), HB 2152 (2024), HCS/HB 1216 (2025), SCS/SB 936 (2024), SB 639 (2023) and HB 880 (2023). JULIA SHEVELEVA

SECOND REGULAR SESSION SENATE BILL NO. 917 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BURGER. 3838S.02I KRISTINA MARTIN, Secretary AN ACT To amend chapter 701, RSMo, by adding thereto one new section relating to paint recycling. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 701, RSMo, is amended by adding thereto 1 one new section, to be known as section 701.151, to read as 2 follows:3 701.151. 1. As used in this section, the following 1 terms mean: 2 (1) "Administrative fee", a fee set by the department 3 to reimburse the department for administering this section 4 and paid by each producer or representative organization 5 submitting a plan under this section; 6 (2) "Architectural paint", interior and exterior 7 architectural coatings sold in containers of five gallons or 8 less. "Architectural paint" shall not be construed to 9 include industrial, original equipment, or specialty 10 coatings; 11 (3) "Collection site", any location, event, or other 12 department-approved collection service at which 13 architectural paint is accepted into a post-consumer paint 14 collection program under a post-consumer paint collection 15 program plan; 16 SB 917 2 (4) "Conditionally exempt small quantity generator", 17 the meaning ascribed to "very small generator" under 40 CFR 18 262.14; 19 (5) "Department", the department of natural resources; 20 (6) "Director", the director of the department of 21 natural resources, or the director's designee; 22 (7) "Environmentally sound management practices", 23 procedures for the collection, storage, transportation, 24 reuse, recycling, energy recovery, and disposal of 25 architectural paint that shall: 26 (a) Be implemented by producers or a representative 27 organization or by contracted partners of the producers or a 28 representative organization to ensure compliance with all 29 applicable federal, state, and local laws and any 30 regulations and ordinances for the protection of human 31 health and the environment; 32 (b) Address adequate record keeping, tracking, and 33 documenting of the final disposition of materials; and 34 (c) Address appropriate environmental liability 35 coverage for the representative organization; 36 (8) "Household waste", the same definition as in 10 37 CSR 80.2-010; 38 (9) "Paint" or "paint product", architectural paint 39 and additional products as defined in an approved program 40 plan. "Paint" or "paint product" shall not include 41 industrial or original equipment coatings; 42 (10) "Paint assessment fee", cost added per container 43 of paint by producers. Such cost shall cover the cost to 44 operate and sustain the program authorized under this 45 section and shall be verified by an independent financial 46 auditor; 47 SB 917 3 (11) "Post-consumer paint", architectural paint not 48 used and no longer wanted by a purchaser; 49 (12) "Producer", a manufacturer of architectural paint 50 that sells, offers for sale, or distributes the 51 architectural paint in this state under the producer's own 52 name or brand. "Producer" does not include a retailer who 53 sells, offers for sale, or distributes within or into the 54 state architectural paint manufactured or trademarked by a 55 person other than the retailer; 56 (13) "Program", the post-consumer paint collection 57 program established under this section; 58 (14) "Recycling", the separation and reuse or 59 remanufacture of materials that might otherwise be disposed 60 of as solid waste; 61 (15) "Representative organization", a nonprofit 62 organization established by producers to implement the 63 program; 64 (16) "Retailer", a person who offers architectural 65 paint or other allied products for sale at retail in this 66 state. 67 2. Producers of architectural paint sold at retail in 68 this state may establish or join a representative 69 organization. The duties under this section shall be met by 70 the representative organization on behalf of all its member 71 producers. Any producer who is not a member of a 72 representative organization shall meet the duties under this 73 section separately. 74 3. (1) A representative organization or a producer of 75 architectural paint sold at retail in this state that is not 76 a member of such representative organization shall develop 77 and submit to the director for the director's approval a 78 plan for the establishment of a post-consumer paint 79 SB 917 4 collection program. Additional paint products may be 80 proposed in a subsequent program plan in consultation with 81 the department. The program shall be structured to: 82 (a) Reduce the generation of post-consumer paint; 83 (b) Promote the reuse and recycling of post-consumer 84 paint; 85 (c) Manage the post-consumer paint waste stream using 86 environmentally sound management practices; and 87 (d) Limit the department's role to oversight 88 activities that include approving the program plan and 89 reviewing the annual report. 90 (2) The plan submitted under this section shall: 91 (a) Provide a list of participating producers and 92 brands covered by the program; 93 (b) Provide information on the architectural paint 94 products covered under the program, such as interior or 95 exterior water and oil-based coatings, primers, sealers, or 96 wood coatings; 97 (c) Describe how the program will provide for 98 convenient and cost-effective statewide collection of post- 99 consumer paint in this state. The producers or 100 representative organization may coordinate the program with 101 existing household hazardous waste collection infrastructure 102 as is mutually agreeable. A paint retailer shall be 103 authorized by the producers or representative organization 104 as a paint collection site only if the paint retailer 105 voluntarily agrees to act as such and complies with all 106 applicable laws and regulations and the retail location is 107 consistent with the maintenance of a cost-effective network 108 of paint collection locations; 109 SB 917 5 (d) Establish a goal for the number and geographic 110 distribution of sites for collection of post-consumer paint 111 based on the following criteria: 112 a. At least ninety percent of Missouri residents shall 113 have a collection site within a fifteen-mile radius and one 114 site shall be established for every fifty thousand residents 115 of the state, unless otherwise approved by the director; or 116 b. If the program is unable to meet the requirements 117 of this subsection, a collection event or other department- 118 approved collection service shall be scheduled on a periodic 119 basis to serve such residents; 120 (e) Describe how post-consumer paint will be managed 121 in the most environmentally and economically sound manner 122 using the following strategies in the following order: 123 reuse, recycling, energy recovery, and disposal; 124 (f) Describe education and outreach efforts to inform 125 consumers about the program. Such efforts should 126 incorporate at least: 127 a. Information about collection opportunities for post- 128 consumer paint; 129 b. Information about the charge for the operation of 130 the program that shall be included in the purchase price of 131 all architectural paint sold in this state; and 132 c. Efforts to promote the source reduction, reuse, and 133 recycling of architectural paint; 134 (g) Establish a per-container cost to be added to 135 architectural paint sold in this state as a result of the 136 program. This per-container cost, known as the paint 137 assessment fee, shall be reviewed by an independent 138 financial auditor to ensure that any added cost to paint 139 sold in this state as a result of the program does not 140 SB 917 6 exceed the costs to operate and sustain the program in 141 accordance with sound management practices; and 142 (h) Describe how the program will compensate service 143 providers for activities conducted under the program that 144 may include: 145 a. The collection of post-consumer architectural paint 146 and architectural paint containers through permanent 147 collection sites, collection events, or curbside services; 148 b. The reuse or processing of post-consumer 149 architectural paint at a permanent collection site; and 150 c. The transportation, recycling, and proper disposal 151 of post-consumer architectural paint. 152 (3) The independent financial auditor required under 153 paragraph (g) of subdivision (2) of this subsection shall be 154 selected by the representative organization after 155 consultation with the department. The independent financial 156 auditor shall verify that the cost added to each unit of 157 paint will cover the costs of the program. The department 158 shall review the work product of the independent financial 159 auditor. The cost of any work performed by such independent 160 financial auditor shall be funded by the paint assessment 161 fees authorized by the program. 162 (4) Each manufacturer under the plan shall include in 163 the price of any architectural paint sold to retailers or 164 distributors in the state the per-container amount of the 165 fee set forth in the plan or fee adjustment. If a 166 representative organization implements the plan for a 167 manufacturer, the manufacturer shall be responsible for 168 filing, reporting, and remitting any fee assessed under this 169 section for each container of architectural paint to the 170 representative organization. A retailer or distributor 171 shall not deduct the amount of the fee from the purchase 172 SB 917 7 price of any architectural paint the retailer or distributor 173 sells. 174 (5) No later than sixty days after the submission of a 175 plan under this section, the director shall make a written 176 determination of whether to approve the plan as submitted or 177 disapprove the plan. If the director finds the plan does 178 not meet the requirements of this section, the director 179 shall provide a written explanation of the nonconforming 180 items. Within sixty days following receipt of the 181 director's written explanation of items that do not meet the 182 requirements of this section, the representative 183 organization or the producer of architectural paint shall 184 submit a revised plan to the director for approval. 185 (6) The department shall enforce the producer's or the 186 representative organization's compliance with the plan and 187 may, by regulation or by using existing regulations 188 promulgated under sections 260.230, 260.240, and 260.249, 189 establish enforcement procedures and penalties. 190 (7) No later than the implementation date of the 191 program, information regarding the approved plan, the names 192 of participating producers, and the brands of architectural 193 paint covered by the program shall be posted on the 194 department's website and on the website of the 195 representative organization. 196 (8) The plan required under this subsection shall be 197 submitted to the department not later than twelve months 198 after the effective date of this section. The department 199 may, for good cause shown, grant an extension of the 200 deadline for submission. 201 (9) Nothing in this section shall be construed to 202 require the department to develop the plan or establish the 203 program authorized under this section. Such requirement 204 SB 917 8 shall be the sole responsibility of the producers or 205 representative organization. 206 (10) Nothing in this section shall require a retailer 207 to track, file, report, submit, or remit a fee assessed 208 under this section, sales data, or any other information on 209 behalf of a manufacturer, distributor, or representative 210 organization. Nothing in this section shall prohibit a 211 manufacturer and a retailer from entering into remitter 212 agreements. 213 4. (1) The department shall establish an 214 administrative fee to be paid by each producer or 215 representative organization submitting a plan under this 216 section. The department shall set the fee at an amount 217 that, when paid by every producer or representative 218 organization that submits a plan, is adequate to reimburse 219 the department's full costs of administering this section. 220 The total amount of annual fees collected under this 221 subdivision shall not exceed the amount necessary to 222 reimburse costs incurred by the department to administer 223 this section. The department may consider relevant factors 224 when establishing the fee including, but not limited to, the 225 portion of architectural paint sold in the state by the 226 producer or the members of the representative organization 227 compared to the total amount of architectural paint sold in 228 the state by all producers or representative organizations 229 submitting a plan. 230 (2) Each producer or representative organization 231 implementing a plan under this section shall pay the 232 administrative fee required in subdivision (1) of this 233 subsection on or before July 1, 2027, and annually 234 thereafter. Each year after the initial payment, the annual 235 administrative fee shall not exceed five percent of the 236 SB 917 9 aggregate program fee added to the cost of all architectural 237 paint sold by producers in the state for the preceding 238 calendar year. The department may extend the time for 239 payment upon good cause shown. 240 5. Upon implementation of the program, each producer 241 shall include in the price of any architectural paint sold 242 to retailers and distributors in this state the per- 243 container amount, known as the paint assessment fee, in the 244 approved plan. No retailer or distributor shall deduct such 245 amount from the purchase price. 246 6. Retailers may incorporate the fee as part of the 247 price amount displayed to consumers of architectural 248 products. Retailers shall not be required to incorporate 249 the fee as part of the price amount displayed to consumers 250 for architectural products, provided that the retailers make 251 information about the fee available to consumers of 252 architectural paint products prior to purchase. 253 7. (1) After the program is implemented, no producer 254 or retailer shall sell or offer for sale architectural paint 255 to any person in this state unless the producer of a paint 256 brand or a representative organization is implementing or 257 participating in the program as required by this section. 258 (2) A retailer shall be deemed to be in compliance 259 with this section if, on the date the architectural paint 260 was offered for sale, the producer is listed on the 261 department's website as implementing or participating in the 262 program or if the paint brand is listed on the department's 263 website as being included in the program. 264 (3) A paint collection site authorized under this 265 section shall not charge any additional amount for the 266 disposal of paint when the paint is offered for disposal. 267 SB 917 10 (4) A producer or the representative organization that 268 organizes the collection, transport, and processing of post- 269 consumer paint in accordance with the program shall not be 270 liable for any claim of a violation of antitrust, restraint 271 of trade, unfair trade practice, or other anticompetitive 272 activity arising from conduct undertaken in accordance with 273 the program under this section. 274 (5) Before March thirty-first of each year, the 275 producers or representative organization shall submit an 276 annual report for the previous year to the director that 277 details the program. The first report shall be submitted 278 after the first full year of implementation. The director 279 may, for good cause shown, extend the deadline for filing 280 the report. The report or information relating to the 281 report shall be posted on the department's website and on 282 the website of the representative organization. The report 283 shall contain at least the following: 284 (a) A description of the methods used to collect, 285 transport, and process post-consumer paint in this state; 286 (b) The volume and type of post-consumer paint 287 collected by method of disposition, containing information 288 about reuse, recycling, other methods of processing, and any 289 other related and appropriate information; 290 (c) Samples of educational materials provided to 291 consumers of architectural paint; 292 (d) The total cost of the program; and 293 (e) An independent financial audit completed by an 294 individual financial auditor chosen by the producers or the 295 representative organization. 296 (6) Financial, production, or sales data reported to 297 the department by a producer or by the representative 298 organization shall not be subject to disclosure, but the 299 SB 917 11 director may release a summary form of such data that does 300 not disclose financial, production, or sales data of the 301 producer, retailer, or representative organization. 302 (7) The producers or the representative organization 303 shall implement the program required under this section on 304 January 1, 2028, or six months after the approval of the 305 plan under this section, whichever occurs later. 306 8. (1) Generators of household wastes and 307 conditionally exempt small quantity generators may transport 308 or send architectural paints to a paint collection site to 309 the extent permitted by a program approved by the director. 310 (2) Paint collection sites may collect and temporarily 311 store architectural paints generated by entities specified 312 in subdivision (1) of this subsection in accordance with the 313 requirements of the program in lieu of any otherwise 314 applicable requirements of state laws or regulations. 315 (3) Nothing in this section shall be construed to 316 restrict the collection of architectural paint by a program 317 where such collection is authorized by any other state laws 318 or regulations. 319 (4) Nothing in this section shall be construed to 320 affect any requirements applicable to facilities that treat, 321 dispose, or recycle architectural paint under any other 322 state laws or regulations. 323 9. The director may promulgate all necessary rules and 324 regulations for the administration of this section. Any 325 rule or portion of a rule, as that term is defined in 326 section 536.010, that is created under the authority 327 delegated in this section shall become effective only if it 328 complies with and is subject to all of the provisions of 329 chapter 536 and, if applicable, section 536.028. This 330 section and chapter 536 are nonseverable and if any of the 331 SB 917 12 powers vested with the general assembly pursuant to chapter 332 536 to review, to delay the effective date, or to disapprove 333 and annul a rule are subsequently held unconstitutional, 334 then the grant of rulemaking authority and any rule proposed 335 or adopted after August 28, 2026, shall be invalid and void. 336 ✓