Oregon Paint Stewardship (HB 3037 / HB 2191)

July, 2009

HB 3037, enacted in 2009 and amended in 2011 as HB 2191, requires manufacturers of architectural paint to establish and finance an environmentally sound and cost-effective paint stewardship pilot program. Manufacturers must participate through a stewardship organization, which is responsible for implementing the statewide pilot program no later than July 1, 2010.

Paint stewardship pilot program plans must be approved by the Director of the Department of Environmental Quality prior to implementation. Required program components include developing and implementing strategies to reduce the generation of postconsumer paint, promoting the reuse of postconsumer paint, and managing postconsumer paint end-of-life through collection, transportation, and processing.

Stewardship organizations would be funded by manufacturers through a uniform paint stewardship assessment approved by the Director of the Department of Environmental Quality. The assessment must be included in the cost of all architectural paint sold to Oregon retailers and distributors. Retailers and distributors are required to include the assessment in the purchase price of all architectural paint sold in the state.

The Department of Environmental Quality (DEQ) is responsible for supervising the conduct of stewardship organizations, monitoring the program, and reporting results to the Legislature. DEQ submitted its first annual report to the legislature in November 2011, along with recommendations to improve and make the program permanent. Stewardship organizations are required to pay fees to the Department of Environmental Quality to cover administrative costs related to the architectural paint stewardship pilot program. This bill (originally HF 3037) passed out of the House and the Senate and was signed by Oregon Governor Ted Kulongoski on July 23, 2009.

For more information, please see the Oregon DEQ Paint Stewardship Program site. Also see the Product Stewardship Institute fact sheet (PDF file, 625KB) and the Oregon Paint Bill press release (PDF file, 310KB).