A Commerce and Consumer Affairs subcommittee heard testimony and moved forward with a paint stewardship proposal that strips explicit fee language and instead requires manufacturers or arranger organizations to submit a plan to the Department of Environmental Services (DES) for review.

Representatives discussed the “infamous fee” during the hearing; the sponsor said the amendment removes statutory language that set a fee amount or placed the assessment on invoices, replacing it with a requirement that a stewardship plan be presented to DES for oversight. The sponsor summarized the change as: “it takes out all statements about the fee. It just simply says there’s a plan will be involved. … They do need to bring it to DES to look it over.”

Committee members pressed on liability and antitrust risk. The draft includes language intended to exempt participating manufacturers or representative organizations from the state antitrust statute noted in testimony as “RSA 3 56,” but the committee clarified that the exemption is limited: it does not shield participants from environmental liability for spills or other damage. Jonathan Melanson of Demers, Prasal & Thomas, representing the American Coatings Association, told the committee operators must follow “environmentally sound management practices” and should maintain appropriate environmental liability coverage.

DES representatives said the department reviewed the draft and would continue oversight of any plan. Members also discussed administrative details such as how the plan would be reviewed, what kinds of contractor arrangements could be used for collection and recycling, and how to avoid apparent antitrust risks that have arisen in other states.

The subcommittee took a straw vote in favor of a sponsor amendment and forward movement; members announced an 8‑member favorable count in the straw/subcommittee vote. Sponsor and staff said the draft would be finalized and brought back with formal amendment language.

Key points

- The amendment removes explicit statutory language setting a fee and instead requires a stewardship plan to be submitted to DES for review.
- Draft includes an antitrust exemption for manufacturers/organizers implementing the program (referenced in committee as RSA 3 56); testimony clarified that environmental liability and cleanup obligations remain.
- American Coatings Association counsel Jonathan Melanson highlighted that plans must include “environmentally sound management practices” and insurance coverage.
- Subcommittee cast a straw vote in favor of the amendment (announced 8 in favor); final amendment language to be drafted and circulated.

Next steps: staff will prepare the formal amendment language and circulate it for the full committee. The committee indicated willingness to continue work on clarifying plan oversight and liability protections.