New York

Professional painting contractors are one of the groups most affected by PaintCare. If you are a painting contractor, please review the information below to learn more about PaintCare, the fees, and paint recycling services available from PaintCare.

PaintCare programs are funded by a fee (referred to as the PaintCare fee) which is applied to the purchase price of new paint sold in the state. Once the program launches, the fee is paid to PaintCare by paint manufacturers. This fee is then added to the wholesale and retail purchase price of paint, passing the cost of managing postconsumer paint to everyone who buys paint. You may see a line item on your receipt or invoice for each container of paint you purchase.

There will be no charge for dropping off paint at a PaintCare drop-off site.

The PaintCare fee is not a tax; it does not go to the state to operate the program. The PaintCare fee is also not a deposit; you don’t get it back when you drop off paint–a common misunderstanding.

Fees fund all aspects of the paint stewardship program. This includes paint collection, transportation, recycling, public outreach, and program administration, and to manage “legacy” paint, material that has been accumulating in homes and businesses from before the program started.

Although fees for New York have not yet been determined (pending approval by the New York State Department of Environmental Conservation), they are expected to be similar to other states with a PaintCare program. The fees are based on container size and vary across the programs:

Important Note:

It is expected that contractors will pass the fees on to their customers in order to recoup the fees they pay on the product. When estimating jobs, contractors should take these fees into account by checking with your suppliers to make sure the quotes for paint products include the fees. You should also let your customers know that you will be including these fees in your quotes.

To use the PaintCare program for oil-based paint, a business must qualify as an exempt generator under federal and any analogous state hazardous waste generator rules. Please visit www.paintcare.org/VSQG for more information on exempt generator rules. If your business does not qualify as an exempt generator, it will not be able to use the program for oil-based paint, but it can still use the program for latex products.

Information for painting contractors is available below.

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Postconsumer Paint Collection Program Law requires retailers of paint to include a stewardship fee (referred to as the PaintCare fee) in the sale price of program products and only sell products registered with the program. Retailers may also volunteer to become a paint drop-off site – see bottom of page for more information. More details about these requirements are provided here:

a. Pass PaintCare fee to consumers: PaintCare programs are funded by a fee (referred to as the PaintCare fee) which is applied to the purchase price of new paint sold in the state. Once the program launches, the fee is paid to PaintCare by paint manufacturers. This fee is then added to the wholesale and retail purchase price of paint, and retailers must pass these fees down to the consumer. Although fees for New York have not yet been determined (pending approval by the New York State Department of Environmental Conservation), they are expected to be similar to other states with a PaintCare program. The fees are based on container size and vary across the programs:

b.Sell Registered brands: Once the program launches, retailers must make sure they do not sell unregistered architectural paint brands. PaintCare will post lists of registered manufacturers and brands on this page once it has submitted its program plan to the New York State Department of Environmental Conservation. If you are a retailer and do not see a manufacturer or brand of paint sold in your store on these lists, please contact PaintCare at (855) PAINT09.

• Registered Brands

Printed materials are available to retailers and facilities at no charge. Once the program launches, additional materials will be available including brochures and counter mats.You will be able to order materials online, or place an order by calling PaintCare at (855) PAINT09 or by sending a completed form by email, fax, or regular mail.

The following materials will be available:

• Program Brochure (“Recycle with PaintCare”)
• Mini-Card (Find a paint drop-off site)
• Fact Sheet: Painting Contractors. This fact sheet was developed at the request of retailers to help explain the program to their customers who are painting contractors. Some retailers have found it useful to send this to regular customers with monthly statements.
• Fact Sheet: Large Volume Pick-Up Service.
• General Poster for Retailers. Display in stores in the paint department or near the cash registers to help explain the program to customers.
• Leftover Paint Receipt Form. Use this receipt if someone dropping off paint asks for one. (Some county and city inspectors ask contractors and other businesses to show receipts to demonstrate that they disposed or recycled of their paint in a proper way.)

• Fact Sheet: Paint Retailers Informs all paint retailers in New York of their responsibilities under the paint stewardship program.
• Fact Sheet: Paint Reuse Stores Informs all reuse stores in New York of their responsibilities under the paint stewardship program.
• Fact Sheet: PaintCare Fees Answers to common questions from retailers about fees.
• Fact Sheet: Mistints Answers to common questions from retailers about mistints, damaged, spoiled, and obsolete paint.

PaintCare welcomes partnerships with municipal agencies, especially those that operate household hazardous waste (HHW) collection programs, landfills, and transfer stations. PaintCare covers the cost of paint storage bins, paint transportation and recycling, public outreach, and education. There is no monetary compensation for operations or labor costs associated with serving as a drop-off site. To learn more, please see the following fact sheets and interest forms. For municipal agencies that wish to offer services to PaintCare in addition to serving as a drop-off site, monetary compensation may be negotiated. These services include reprocessing paint at your site, bulking paint in situations where storage space is limited, offering usable paint in original containers to the public (reuse program), and transportation from municipal-owned satellite locations to a main site. Read more about becoming a PaintCare drop-off location:

• Fact Sheet for HHW Programs. If you would like to partner with PaintCare, please fill out our  opens in a new windowOnline HHW Program Interest Form.
• Fact Sheet for Contracting with PaintCare. Learn more about the various contracting options available to HHW and other waste collection programs.
• Fact Sheet for Transfer Stations, Landfills and Recycling Centers. If you would like to partner with PaintCare, please fill out our opens in a new windowOnline Interest Form.

Watch our video about becoming a PaintCare drop-off location:

Municipalities that have contracts with PaintCare may request partial funding for pre-approved joint outreach activities that promote PaintCare drop-off sites and events. Past projects have included newspaper advertising, direct mail, and radio campaigns. For details, please read the following fact sheet.

• Fact Sheet: Joint Outreach Projects
• Proposal Form (Word). Form also available as PDF

PaintCare encourages household hazardous waste programs, reuse stores and others to operate paint reuse programs (i.e., swap shops or exchanges). Reuse programs return good quality unused paint to the local community at low or no cost. Reuse is a preferred method of waste management. To encourage reuse, PaintCare will compensate paint drop-off sites operating a reuse program under a contract with PaintCare. For details, please read the following fact sheet:

• Fact Sheet: Reuse Pricing

PaintCare recently held a webinar presenting how the New York PaintCare program will work for HHW programs.
Click here to view the webinar.

The New York paint stewardship program is required by opens in a new windowthe Postconsumer Paint Collection Program Law, signed by Governor Andrew Cuomo on December 16, 2019.

PaintCare submitted a draft program plan to the New York State Department of Environmental Conservation (DEC) to comply with the July 1, 2020 statutory deadline.

This draft describes the operations, outreach, and other activities of the New York paint stewardship program, but is incomplete for reasons detailed below. Some elements under development include drop-off site operational guidelines, targeted annual paint collection rate, and the proposed fee structure.

• New York Architectural Paint Stewardship Program Plan (July 2020)

PaintCare has developed ten programs and has found approximately 12 months are needed to develop a new program and plan, which is explained in the draft. The New York paint stewardship law was signed on December 16, 2019, and the legislation required that the plan be submitted by July 1, 2020, providing six and half months for program and plan development.

Much of the activity to prepare the program and plan involves work on the ground and include meeting with potential drop-off sites ‒government household hazardous waste (HHW) programs and paint retailers. The COVID-19 pandemic took hold in New York in March, creating additional complications and severely hampering program development and PaintCare’s ability to provide a comprehensive program plan.

PaintCare is working closely with DEC to develop a timeline for submitting a final program plan and set a start date for the New York program. PaintCare will make this information available as soon as possible. Future circumstances could pose new challenges that may disrupt the target dates. In particular, the ongoing impact of the COVID-19 pandemic might affect PaintCare’s ability to engage in the necessary activities (e.g., visiting sites to recruit and train paint retailers to be paint drop-off sites). PaintCare will keep DEC and stakeholders informed of any material changes to its planning efforts.

The oversight agency for the New York paint stewardship program is the New York State Department of Environmental Conservation (DEC).