The Legislature has enacted laws that require the establishment of extended producer responsibility or product stewardship (EPR) programs for the management of seven types of products: (1) electronic products; (2) light bulbs that contain mercury; (3) photovoltaic solar panels; (4) pharmaceuticals; (5) architectural paint; (6) batteries; and (7) packaging and paper products.
Under the Architectural Paint Stewardship Program (Program), producers of interior or exterior architectural paint sold in containers of 5 gallons or less are required to participate in an approved stewardship plan and fund a stewardship organization (SO). The SO must propose and receive approval from the Department of Ecology (Ecology) to implement a plan that, among other criteria:
Certain records submitted to Ecology associated with the Program are exempt from public disclosure under the Public Records Act, if a person files a petition with a superior court, and the court determines that the records are confidential.
Ecology's costs to oversee the implementation of the Program are paid for by the SO through an annual fee. The annual fee is deposited in an appropriated account.
The Packaging and Paper Products EPR Program established by the 2025 Recycling Reform Act does not include packaging associated with products managed through a paint stewardship plan managed under the Program.
The Program's scope is expanded to include the following newly covered paint product types (newly covered paint products), as well as to include packaging associated with architectural paint and newly covered paint products:
All SOs must update their plans to address the newly covered paint products by July 1, 2029, and must implement the updated plan by the later of July 1, 2030, or within 6 months of Ecology's approval of the plan. Retailers may continue to sell any newly covered paint products until the later of July 1, 2030, or 6 months after Ecology's approval of the updated SO plan.
In general, the newly included paint products are treated identically to architectural paint for Program implementation requirements, except that:
The SO's plan must:
Ecology must update quarterly, rather than monthly, a list on its website of producers and brands participating under an approved plan. The SO's annual reports to Ecology must be submitted by May 1 of each year, beginning in 2026, and must cover the preceding calendar year's Program operations.
The Public Records Act exemption for confidential information submitted associated with the Program is repealed and replaced with a provision directing that confidential business information be managed consistent with Ecology's existing generally applicable process for managing confidential business information.
The account that receives the annual fees from SOs to cover Ecology's administrative costs is changed to a non-appropriated account.
The exclusion from 2025 Recycling Reform Act Packaging and Paper Product EPR Program participation requirements is expanded to apply to packaging associated with paint products.
As compared to House Bill 2301, the substitute makes the following changes:
(In support) The Program allows leftover paint to be recycled. The Program has been a success, and collects over 1 million gallons of paint each year in Washington. The current Program only covers latex paint, although other types of paint could be handled by the Program. Some paint products, such as aerosol products, can be tricky for some locations to collect because they are hazardous waste. The Programs reimburse counties for the costs of managing paint, and adding more products to the Program will provide financial relief to the household hazardous waste facilities that accept those paint products.
(Opposed) Wood preservatives are not like the other paint products proposed for inclusion under the Program, because they are more expensive and are subject to different types of federal and state regulations.
(Other) Ecology supports the Program, but has some implementation and policy concerns about the proposed expansion of the Program and changes to the existing Program. Paint packaging should be included within the scope of the Program. Collection opportunities for paint products should be equitable across the state, and the Program must provide reasonable recycling opportunities for newly covered paint products. Newly covered products should be subject to similar reporting requirements to existing products. Dates for implementing the expanded Program will need to be extended further into the future, and fiscal procedures should align with other product stewardship programs. The proposal will have costs not included in the Governor's budget. Programs provide important funds to local government hazardous waste programs.
(In support) Representative Strom Peterson, prime sponsor; Travis Dutton, Washington State Association of Counties; Mike Burgess, American Coatings Association; and Jeremy Jones, American Coatings Association.
Heather Trim, Zero Waste Washington.
No new changes were recommended.
(In support) A lot of stakeholder work has been done around this bill. This bill would keep additional paint products out of landfills. The bill expands a successful program to other products that are not recyclable, but should not be going to landfills. The bill would create savings for hazardous waste programs. The state's costs are fully covered.
(Opposed) None.
Representative Strom Peterson, prime sponsor; Heather Trim, Zero Waste Washington; and Mike Burgess, American Coatings Association.