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Related Practices
Related Practices

California Enacts “Extended Producer Responsibility” Laws for Paint and Carpet

Beveridge & Diamond, P.C., October 12, 2010

California recently enacted two extended producer responsibility (“EPR”) bills that will shift responsibility for the management of end of life paint and carpet to manufacturers of these products.  The two laws, AB 1343 (Paint) and AB 2398 (Carpet), will make manufacturers of paint and carpet sold in California responsible for the collection and handling of the products when they become waste.  Manufacturers, wholesalers, and retailers may not sell or offer to sell covered products in the state unless the products’ manufacturers are compliant with the new laws.

Governor Schwarzenegger signed AB 1343, establishing EPR for paint manufacturers, into law on September 28, 2010.  The law requires paint manufacturers to establish and finance EPR programs for the recovery and handling of waste architectural paint generated by California consumers.  By April 1, 2012, manufacturers must submit plans to recover, reduce the generation of, and reuse postconsumer architectural paint “in an environmentally sound fashion.”  Manufacturers must implement their plans within three months of gaining approval from the Department of Toxic Substances Control (“DTSC”).  A plan must include provisions for collection, transportation, processing, and disposal of waste paint as well as provisions for funding the stewardship program.  The law establishes civil administrative penalties of up to $1,000 per violation per day and up to $10,000 per day for intentional, knowing, or negligent violations.  The final version of the bill can be viewed here.  

Governor Schwarzenegger signed AB 2398, establishing EPR for carpet manufacturers, into law on September 30, 2010.  The law requires that carpet manufacturers develop and finance stewardship programs to promote recycling of waste carpet.  Manufacturers must submit a stewardship plan by September 30, 2011.  Manufacturers are required to add the cost of end-of-life stewardship to each carpet sold.  To aid manufacturers in establishing stewardship programs, the law establishes a 5-cent per square yard charge to be used for “early action” measures, which will be phased out in 2013.  AB 2398 also establishes civil administrative penalties of up to $1,000 per violation per day and civil penalties of up to $10,000 per day for intentional, knowing, or negligent violations of the law.  The final version of the bill can be viewed here.

For more information, please contact Laura M. Duncan at (415) 262-4003, lduncan@bdlaw.com or Daniel M. Brian at (415) 262-4016, dbrian@bdlaw.com.  

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