(415 ILCS 175/15)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 15. Paint stewardship program plan.

(a) Each manufacturer of architectural paint sold or offered for sale at retail in the State shall submit to the Agency a plan for the establishment of a postconsumer paint stewardship program. The program shall seek to reduce the generation of postconsumer paint, promote its reuse and recycling, and manage the postconsumer paint waste stream using environmentally sound management practices.

(b) A plan submitted under this Section shall:

(1) Provide a list of participating manufacturers and brands covered by the program.

(2) Provide information on the architectural paint products covered under the program, such as interior or exterior water-based and oil-based coatings, primers, sealers, or wood coatings.

(3) Describe how it will provide for the statewide collection of postconsumer architectural paint in the State. The manufacturer or representative organization may coordinate the program with existing household hazardous waste collection infrastructure as is mutually agreeable with the person operating the household waste collection infrastructure.

(4) Provide a goal of sufficient number and geographic distribution of collection sites, collection services, or collection events for postconsumer architectural paint to meet the following criteria:

(A) at least 90% of State residents shall have a collection site, collection service, or collection event within a 15-mile radius; and

(B) at least one collection site, collection service, or collection event for every 50,000 residents of the State.

(5) Describe how postconsumer paint will be managed using the following strategies: reuse, recycling, and disposal.

(6) Describe education and outreach efforts to inform consumers about the program. These efforts should include:

(A) information about collection opportunities for postconsumer paint;

(B) information about the fee for the operation of the program that shall be included in the purchase price of all architectural paint sold in the State; and

(C) efforts to promote the source reduction, reuse, and recycling of architectural paint.

(7) Include a certification from an independent auditor that any added fee to paint sold in the State as a result of the postconsumer paint stewardship program does not exceed the costs to operate and sustain the program in accordance with sound management practices. The independent auditor shall verify that the amount added to each unit of paint will cover the costs and sustain the postconsumer paint stewardship program.

(8) Describe how the paint stewardship program will incorporate and compensate service providers for activities conducted under the program that may include:

(A) the collection of postconsumer architectural paint and architectural paint containers through permanent collection sites, collection events, or curbside services;

(B) the reuse or processing of postconsumer architectural paint at a permanent collection site; and

(C) the transportation, recycling, and proper disposal of postconsumer architectural paint.

(c) Independent audits conducted for the purposes of this Act must be conducted in accordance with generally accepted auditing standards. The work product of the independent auditor shall be submitted to the Agency as part of the annual report required by Section 40. The cost of any work performed by the independent auditor shall be funded by the program.

(d) Not later than 60 days after submission of the plan under this Section, the Agency shall determine in writing whether to approve the plan as submitted or disapprove the plan. The Agency shall approve a plan if it contains all of the information required under subsection (b). If the plan is disapproved, the manufacturer or representative organization shall resubmit a plan within 45 calendar days of receipt of the notice of disapproval.

(e) If a manufacturer or representative organization determines that the paint stewardship fee should be adjusted because the independent audit reveals that the cost of administering the program exceeds the revenues generated by the paint stewardship fee, the manufacturer or representative organization shall submit to the Agency a justification for the adjustment as well as financial reports to support the adjustment, including a 5-year projection of the financial status of the organization. The submission shall include a certification from an independent auditor that the proposed fee adjustment will generate revenues necessary and sufficient to pay the program expenses, including any accumulated debt, and develop a reasonable reserve level sufficient to sustain the program. The Agency shall approve the fee adjustment if the submission contains all of the information required under this subsection.

(f) Within 45 calendar days after Agency approval of a plan, the Agency shall post on its website, and the manufacturer or representative organization shall post on its website, the names of the manufacturers participating in the plan, the brands of architectural paint covered by the program, and a copy of the plan.

(g) Each manufacturer under the plan shall include in the price of any architectural paint sold to retailers or distributors in the State the per container amount of the fee set forth in the plan or fee adjustment. If a representative organization is implementing the plan for a manufacturer, the manufacturer is responsible for filing, reporting, and remitting the paint stewardship fee assessment for each container of architectural paint to the representative organization. A retailer or distributor shall not deduct the amount of the fee from the purchase price of any paint it sells.

(Source: P.A. 103-372, eff. 1-1-24.)