New York Enacts Legislation Requiring Paint Manufacturers to Establish a Program for Collection and Recycling of Unused Consumer Paint

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Written by Aaron Goldberg and Sarah Kettenmann , Beveridge & Diamond PC

New Yorkers will soon have a convenient way to ensure that their unwanted and unused paints are properly recycled. On December 16, 2019, Governor Cuomo signed into law the Postconsumer Paint Collection Program, a law that requires paint producers to collect, transport, reuse, recycle, and properly dispose of postconsumer paint in an environmentally sound manner. It applies to “architectural paint,” or “interior and exterior architectural coatings sold in containers of five gallons or less.” Architectural paint does not include industrial, original equipment or specialty coatings.

The law requires paint producers (either individually or collectively, for example through a non-profit organization) to register with the New York Department of Environmental Conservation (“NYDEC”) by July 1, 2020, and pay a registration fee. As part of the registration process, each producer or collective organization must submit its plan to comply with the new law, including its paint acceptance program, treatment, storage, transportation and disposal plan, and a list of locations within New York where consumers may drop off unused paint (which may include some municipal waste collection facilities, retail stores, and other facilities). 

Within 6 months after NYDEC approves the plan (or by January 1, 2021, if that comes later), the producers or collective organization must begin to implement their plans for collection and recycling/reuse/disposal of unused consumer paint. Paint manufacturers must also provide educational materials to help raise consumer awareness of the unused paint collection program.

The program will be financed by a new fee added to the price of architectural paint sold to retailers and distributors in the state (which may be passed on to consumers). The collection sites identified in the plan of the producers or collective organization are prohibited from charging for receipt of the postconsumer paints.  

Other states have already enacted similar paint stewardship programs, with help from the American Coatings Association and the Product Stewardship Institute.

This law is yet another step forward for New York’s growing Product Stewardship Initiative to address the health, safety, environmental, and social impacts of products and their packaging throughout all lifecycle stages. The State has adopted mandatory product stewardship requirements for managing several categories of products at their end of life, including electronics, rechargeable batteries, and mercury thermostats.  It has more limited programs for other end-of-life products, including beverage containers, cell phones, plastic bags, lead acid batteries, and waste tires.

This are was republished with the permission of the authors. It was first published on the Beveridge & Diamond website.


Aaron Goldberg applies his encyclopedic knowledge of hazardous waste regulatory law to help companies comply under federal and state laws—throughout all 50 states—and abroad. He holds an advanced degree in chemistry, has extensive training in economics, and is a former U.S. Environmental Protection Agency consultant. His unique, multidisciplinary background—law, science, economics, and government—informs nearly every aspect of his work and makes him a useful bridge between attorneys, engineers, business managers, consultants, and regulators.

Sarah Kettenmann uses her knowledge of environmental law and the physical sciences to help clients solve complex problems in a conservation-minded manner. She maintains a diverse environmental practice, which includes litigation matters involving toxic torts and products liability and class action litigation concerning environmental and regulatory claims. Her regulatory practice includes advising clients on compliance with, and enforcement of, land use restrictions and remediation, and due diligence for waste facility permits under federal and state statutes. She also counsels clients on procedural and substantive aspects of permitting and environmental impact review, and related strategic planning for project development.