Amendment ID: S3050-148

Amendment 148

Protecting consumers from burdening the cost for the paint product stewardship program

Messrs. Tarr, Driscoll and Fattman move that the proposed new draft be amended by striking in Section 11, in line 727-734, by striking out the words “(vii) describe any added fee to paint products sold in the commonwealth as a result of a program plan and administrative fees paid to the department deposited to the Paint Extended Producer Responsibility Trust Fund. (3) An independent auditor selected by the manufacturer or representative organization, in consultation with the department, shall verify that the fee added to each container of a paint product will not exceed the costs to operate and sustain a program plan, including costs of the department. The cost of any work performed by such independent auditor shall be funded by a program plan.”, and inserting in place thereof the following:- “(vii) describe the funding necessary to support a program plan, provided that such funding shall be not be supported by a per container fee or other consumer fee, and in recognition that the manufacturers are solely responsible for the costs to administer and support the program and any administrative fees paid to the department to be deposited to the Paint Extended Producer Responsibility Trust Fund.”

And moves to further amended in lines 750-755 by striking out the words “ (4) Each manufacturer and retailer shall include the per-container fee amount set forth in an approved plan in the purchase price of any paint product sold in or into the commonwealth. Retailers may incorporate the fee as part of the price amount displayed to consumers. Retailers are not required to incorporate the fee as part of the price amount displayed to consumers, provided that those retailers make information about the fee available to consumers prior to purchase.”