CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1304

Introduced by Assembly Member Schultz

February 21, 2025

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


LEGISLATIVE COUNSEL'S DIGEST


AB 1304, as introduced, Schultz. Paint product recovery program: paint recovery: definition.
Existing law establishes a paint product recovery program for the purpose of requiring paint manufacturers to develop and implement a program 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.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.
(c) It is intent of the Legislature to encourage maximum recovery, reuse, processing, and recycling of postconsumer paint.

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, transport, and process 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.

(i)

(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.

(j)

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

(k)

(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.

(l)

(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.

(m)

(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.

(n)

(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.