SEATTLE (Recycling Monster): New Hampshire Gov. Kelly Ayotte vetoed a bill that would have created a paint stewardship program in the state, saying it would create a sales tax for residents. The bill had support from Casella Waste Systems, WM and other recycling industry groups.
The bill called for paint manufacturers to participate in the stewardship program, which would manage end-of-life paint in an “environmentally sound” way and educate consumers about the program. The program would have been similar to PaintCare programs in 12 states and the District of Columbia.
At issue was the bill provision that would have helped fund the program by adding a per-container assessment fee to new paint cans sold in the state. In her veto — written in pen on the bill and posted in a photo on X — Governor Ayotte simply wrote, “No sales tax!” The state does not collect sales tax.
Despite the bill failing in New Hampshire, paint stewardship programs have been growing throughout the country. The programs for paint have been around since 2007, when Oregon established its program, and a new program was recently launched in Illinois in December. Maryland plans to roll out its program later this year. There are also programs in New Hampshire’s neighboring states of Maine and Vermont.
The New Hampshire bill does not specifically name the stewardship program that would have led the program, but these programs are typically run by PaintCare, a nonprofit organization created by paint companies through the American Coatings Association.
In New Hampshire, the bill had support from waste and recycling groups including Casella, WM, and the New Hampshire Solid Waste Working Group.
It also saw support from the Business & Industry Association, the New Hampshire Municipal Association and others.
“Casella supported House Bill 451 as we felt it aligns well with our broader support for programs that help divert waste from disposal and provide practical pathways for managing hard?to?recycle materials like leftover paint,” said Jeff Weld, vice president of communications, in an email. “We respect Governor Ayotte’s decision and appreciate her perspective on how best to balance economic and environmental sustainability for New Hampshire residents.”
Debates over the paint stewardship funding model in New Hampshire have been ongoing since at least last year. Ayotte hinted in an interview with the New Hampshire Journal in January that she was likely to veto the bill over the fee setup.
The bill had bipartisan support, but some Republicans had raised concerns about the fee on new paint long before the bill passed the Senate in January. Bill sponsor state Rep. Karen Ebel, a Democrat, has said the setup is not a sales tax because the money is not going to the state.
“To fund the program, the manufacturers will be allowed to roll some amount they deem necessary into per can paint costs. There is no state-imposed fee. This is purely a business-driven program,” she said in a Facebook post in December, adding that the program would save consumers money on disposal costs and divert the material from landfills.
The Northeast Resource Recovery Association noted that it currently costs communities more than $13,000 to host collection events each year, with paint making up more than half of the items collected. According to bill text for HB 451, municipalities across the state spent at least $150,000 on paint disposal in 2024 alone.
Though it would have costed the state up to $50,000 a year to hire a part-time employee to help implement a paint stewardship program, the bill text calculates the program itself would have provided a net financial benefit.
The fee on paint is a common part of some other PaintCare programs. In Illinois, for example, costs range between 45 cents and $1.95 for each new paint container, depending on container size.
Other states with paint stewardship programs are California, Colorado, Connecticut, Minnesota, New York, Rhode Island and Washington. The Product Stewardship Institute has helped lead stakeholder engagement and support such programs over the years.
Meanwhile, more states are still pursuing similar paint stewardship bills of their own, including New Jersey and Missouri. In Massachusetts, a commission endorsed a plan proposing an EPR for paint program, and a related bill is pending in the House.
Washington’s paint stewardship bill this year, HB 230, died after it was unable to cross chambers by the Feb. 17 cutoff date.
Courtesy: www.wastedive.com