AMENDED IN ASSEMBLY APRIL 3, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Assembly Member Schultz

February 21, 2025

An act to amend Sections 48700 and 48701 48700, 48701, and 48703.4 of the Public Resources Code, relating to paint products.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes a paint product recovery program for the purpose of requiring paint manufacturers to develop and implement a program stewardship plan to collect, transport, and process postconsumer paint to reduce the costs and environmental impacts of the disposal of postconsumer paint in this state. Existing law defines various terms for the purpose of the program. Existing law requires a stewardship plan to include consumer, contractor, and retailer education and outreach efforts to promote source reduction and recycling products, and authorizes the development and updating of education and outreach materials.

This bill would state that the purpose of the program is also to require paint manufacturers to develop and implement a program to recover, reuse, and recycle postconsumer paint. The bill would define “paint recovery” to mean the process of collecting and transporting leftover paint for the purpose of reuse, processing, or recycling to reduce its environmental impact and disposal costs. The bill would require, rather than authorize, the development and updating of education and outreach materials, would require a stewardship plan’s education and outreach efforts to also promote the proper use and handling of paint products, and would require those efforts to include investment in the training of California’s future workforce by working with California apprenticeship programs for training apprentices and journey-level painters.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Proper recovery, reuse, processing, and recycling of paint has many environmental benefits, including saving energy, water, and oil, reducing climate changing carbon dioxide emissions, reducing the amount of waste in landfills, and conserving resources.

(b) Proper recovery, reuse, processing, and recycling of paint supports a circular economy by decreasing the cost for new paint materials through reuse, reformulation, offsetting need for virgin materials, and by creating new business opportunities and potentially lower production costs for paint manufacturers.

(h) It is intent of the Legislature to encourage maximum recovery, reuse, processing, and recycling of postconsumer paint. embed workforce training and investment in California’s paint product stewardship program’s education and outreach to encourage California’s future workforce stewards of California’s environment as active participants in California’s paint product stewardship program.

SEC. 2.

Section 48700 of the Public Resources Code is amended to read:

48700.

The purpose of the paint product recovery program established pursuant to this chapter is to require paint manufacturers to develop and implement a program to collect, process, recover, recycle, reuse, and transport postconsumer paint to reduce the costs and environmental impacts of the disposal of postconsumer paint in this state.

SEC. 3.

Section 48701 of the Public Resources Code is amended to read:

48701.

For purposes of this chapter, the following terms have the following meanings:

(a) (1) “Aerosol coating product” means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for handheld application, or for use in specialized equipment for ground traffic or marking applications.

(2) “Aerosol coating product” does not include paint thinner, paint remover, graffiti remover, caulking compounds that contain no appreciable level of opaque fillers or pigments, products subject to Article 1 (commencing with Section 94500) or Article 2 (commencing with Section 94507) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations, or other nonaerosol coating products not regulated under Article 3 (commencing with Section 94520) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.

(b) “Coating-related product” means a product used as a paint thinner, paint colorant, paint additive, paint remover, surface sealant, surface preparation, or surface adhesive and sold for home improvement. For purposes of this subdivision, “home improvement” has the same meaning as defined in Section 7151 of the Business and Professions Code.

(c) “Consumer” means a purchaser or owner of a paint product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.

(d) “Department” means the Department of Resources Recycling and Recovery.

(e) “Distributor” means a person that has a contractual relationship with one or more manufacturers to market and sell paint products to retailers.

(f) “Manufacturer” means a manufacturer of a paint product.

(g) “Nonindustrial coating” means arts and crafts paint, automotive refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture paint, lime wash, lime paint, marine paint, antifouling paint, road and traffic marking paint, two-component paint, wood preservative, fire retardant paint, dry fog paint, chalkboard paint, and conductive paint, sold in containers of five gallons or less for commercial and homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use.

(h) (1) “Paint product” includes all of the following:

(A) Interior and exterior architectural coatings, sold in containers of five gallons or less for commercial or homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use.

(B) Aerosol coating products.

(C) Nonindustrial coatings and coating-related products sold in containers of five gallons or less for commercial or homeowner use, but does not include products purchased for industrial or original equipment manufacturer use.

(2) “Paint product” does not include a health and beauty product.

(i) “Paint recovery” means the process of collecting and transporting leftover paint for the purpose of reusing, processing, or recycling to reduce its environmental impact and disposal costs.

(j) “Permanent collection site” means a permanent location in the state where discarded paint products may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused or otherwise managed.

(k) “Postconsumer paint” means a paint product not used by the purchaser.

(l) “Retailer” means a person that sells paint products in the state to a consumer. For purposes of this subdivision, a sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the internet or any other similar electronic means.

(m) “Stewardship organization” means an organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986 and formed for the purpose of implementing a stewardship plan to meet the requirements of this chapter.

(n) “Stewardship plan” means a plan developed by a stewardship organization that meets the requirements of Sections 48703.1, 48703.2, 48703.3, and 48703.4, and is submitted to the department for approval pursuant to Section 48703.

(o) “Temporary collection site” means a temporary location in the state where discarded paint products may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused or otherwise managed.

SEC. 4.

Section 48703.4 of the Public Resources Code is amended to read:

48703.4.

A stewardship plan shall include consumer, contractor, and retailer education and outreach efforts to promote the proper use, handling, source reduction reduction, and recycling of paint products. This information may education and outreach shall include, but is not limited to, developing, both of the following:

(a) Developing, and updating as necessary, educational and other outreach materials for consumers and retailers of paint products. These materials shall be made available to retailers. These materials may shall include, but are not limited to, one or more of the following:

(1) Signage that is prominently displayed and easily visible to the consumer.

(2) Written materials and templates of materials for reproduction by retailers to be provided to the consumer at the time of purchase or delivery, or both. Written materials shall include information on the prohibition of improper disposal of paint products.

(3) Advertising or other promotional materials, or both, that include references to paint product recycling opportunities.

(4) An internet website that publicizes the location of approved collection sites and provides information on how to access and drop off paint products at the free and convenient network of approved collection sites offered by the stewardship organization.

(5) All signage and materials required for approved collection sites by the stewardship organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.

(6) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.