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HB 451 · 2026 · House · Commerce and Consumer Affairs Committee

Paint product stewardship program

AI-generated

establishing the paint product stewardship program.

Establishes the paint product stewardship program.AI-generated

Status

Vetoed; the override vote failed, so the veto stands · April 9, 2026
  1. ✓Introduced
  2. ✓House
  3. ✓Senate
  4. ✕Governor
  5. Law

Governor's veto message

“NO sales tax. Not now, not ever. For the reason stated above, I have vetoed House Bill 451-FN.”
— Gov. Kelly Ayotte · Mar 16, 2026
Governor's press releaseHouse Journal 10, p. 4

The House voted 186–169 on the override (Apr 9, 2026) — short of the two-thirds required, so the veto was sustained. See the roll call.

Analysis

This bill establishes the paint product stewardship program.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as passed by both chambers.

“A manufacturer of paint sold at retail in New Hampshire, or representative organization, shall submit to the commissioner a plan for the establishment of a postconsumer paint product stewardship program to cover paint products as defined in RSA 149-M:65. Additional paint products may be proposed in a subsequent program plan in consultation with the department.”
RSA 149-M:66, I

The structure of a stewardship program: industry writes the plan, the state approves it.AI-generated

“Each manufacturer, distributor, and retailer shall include the per-container assessment amount set forth in an approved plan in the purchase price of any paint product sold in or into New Hampshire.”
RSA 149-M:68, IV

How it is paid for — a per-container assessment inside the shelf price, which is what the veto turned on.AI-generated

“Participation as a collection site is voluntary. A retailer or political subdivision that agrees to comply with any requirements that are consistent with the stewardship plan may request in writing to participate in the stewardship plan as an approved collection site.”
RSA 149-M:66, III

No town or retailer is compelled to take paint back.AI-generated

“Financial, production or sales data reported to the department by a manufacturer or by the representative organization is not a public record pursuant to RSA 91-A:5, IV and rules adopted by the department pursuant thereto and shall not be subject to public inspection or disclosure. The commissioner may release a summary form of such data that does not disclose financial, production or sales data of the manufacturer, retailer or representative organization.”
RSA 149-M:70, II

Industry data reported under the program is exempt from the right-to-know law, in summary form only.AI-generated

“Any person who agrees to operate a collection point and who responsibly implements environmentally-sound management practices in good faith shall not be subject to penalties for the acceptance or storage of, or for any spill, leak, or discharge of collected paint, or other materials that are inadvertently accepted pursuant to the program, and which occurs despite the implementation of such practices.”
RSA 149-M:73, II

The liability shield that makes a volunteer collection site possible.AI-generated

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Karen EbelDPrimeDemocratic Leader Pro Tempore
  • Rep. Judy AronRChair· Environment and Agriculture
  • Rep. Peter BixbyDRanking Member· Environment and Agriculture
  • Rep. James CreightonRChair· Labor, Industrial and Rehabilitative Services
  • Rep. Jaci GroteDDemocratic Advisor
  • Rep. Nicholas GermanaDDeputy Democratic Floor Leader
  • Sen. Denise RicciardiRVice Chair· Commerce
  • Sen. Howard PearlRChair· Executive Departments and Administration
  • Sen. Kevin AvardRDeputy Majority Whip
  • Sen. Cindy RosenwaldDDeputy Democratic Leader

Also: Rep. Megan MurrayD, Sen. David WattersD

Public testimony

No one submitted online testimony on this bill. See the record

Votes

yeanay
Starting text: Bill as introduced
  • Mar 5, 2025HouseCommittee report· consent calendar: Ought to Pass with Amendment # 2025-0458h17–0
    Overall
    100% yea
  • Mar 13, 2025HouseVoice voteAmendment 2025-0458hadopted
  • Mar 13, 2025HouseVoice voteOught to Pass with Amendment 2025-0458hadopted
    Resulting text: Bill as amended by the House
  • May 1, 2025SenateCommittee reportCommittee report: Rereferred to Committee4–1
    Overall
    80% yea
  • May 1, 2025SenateVoice voteRereferred to Committeeadopted
  • Jan 7, 2026SenateCommittee reportCommittee report: Ought to Pass3–2
    Overall
    60% yea
  • Jan 7, 2026SenateRoll callOught to PassAdopted13–11How they voted
    Overall
    54% yea
    Party-line vote
    Republicans
    5–1131% yea
    Democrats
    8–0100% yea
  • Jan 7, 2026SenateVoice voteEnrolled Bill Amendment # 2026-0125eadopted
  • Jan 8, 2026HouseVoice voteEnrolled Bill Amendment # 2026-0125eadopted
  • Feb 5, 2026SenateVoice voteEnrolledadopted
  • Apr 9, 2026HouseRoll callOverride the veto — shall the bill become law notwithstanding the objectionsFailed186–169How they voted
    Overall
    52% yea
    Party-line vote
    Republicans
    30–16915% yea
    Democrats
    156–0100% yea

Hearings and debates

  • Jan 30, 2025Public hearingHouse Commerce and Consumer Affairs1:23:10–1:30:337m 23slocated in the stream transcriptPublic Hearing
  • Feb 11, 2025Public hearingHouse Commerce and Consumer AffairsWatchnot located in the transcript — opens the full streamSubcommittee Work Session
  • Feb 18, 2025Public hearingHouse Commerce and Consumer AffairsWatchnot located in the transcript — opens the full streamSubcommittee Work Session
  • Mar 5, 2025Public hearingHouse Commerce and Consumer Affairs33:13–34:201m 7slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2025-0458h; Executive Session
  • Mar 13, 2025Floor debateHouse floor3:18:43–3:19:2441slocated in the stream transcriptOught to Pass with Amendment 2025-0458h — adopted, voice vote; Amendment # 2025-0458h — adopted, voice vote; Referred to Finance
  • Apr 2, 2025Public hearingSenate Ways and Means49:13–51:011m 48slocated in the stream transcriptHearing
  • May 1, 2025Floor debateSenate floor1:33:05–1:38:115m 6slocated in the stream transcriptCommittee Report: Rereferred to Committee; Rereferred to Committee — adopted, voice vote
  • Jan 7, 2026Floor debateSenate floor4:19:19–4:27:588m 39slocated in the stream transcriptCommittee Report: Ought to Pass; Ought to Pass — adopted, roll call 13-11; Sen. Murphy Floor Amendment # 2026-0054s, DIV 11Y-13N — failed
  • Jan 8, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamEnrolled Bill Amendment # 2026-0125e — adopted, voice vote
  • Feb 5, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamEnrolled Adopted — voice vote
  • Apr 9, 2026Floor debateHouse floor34:49–47:1312m 24slocated in the stream transcriptVeto Sustained — roll call 186-169

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 9, 2025HouseIntroduced (in recess of) 01/09/2025 and referred to Commerce and Consumer Affairs HJ 3 P. 10
  2. Jan 30, 2025HousePublic Hearing: 01/30/2025 10:00 am LOB 302-304
  3. Feb 11, 2025HouseSubcommittee Work Session: 02/11/2025 01:15 pm LOB 104
  4. Feb 18, 2025HouseSubcommittee Work Session: 02/18/2025 10:00 am LOB 104
  5. Mar 5, 2025HouseExecutive Session: 03/05/2025 10:00 am LOB 302-304
  6. Mar 5, 2025House: Ought to Pass with Amendment # 2025-0458h 03/05/2025 (Vote 17-0; CC)
  7. Mar 13, 2025HouseAmendment # 2025-0458h: AA VV 03/13/2025 HJ 8 P. 5
  8. Mar 13, 2025HouseOught to Pass with Amendment 2025-0458h: MA VV 03/13/2025 HJ 8 P. 5
  9. Mar 13, 2025HouseReferred to Finance 03/13/2025 HJ 8 P. 7
  10. Mar 13, 2025HouseReferral Waived by Committee Chair per House Rule 47(f) 03/13/2025 HJ 8 P. 47
  11. Mar 13, 2025SenIntroduced 03/13/2025 and Referred to Ways and Means; SJ 8
  12. Apr 2, 2025SenHearing: 04/02/2025, Room 100, SH, 10:15 am; SC 15
  13. May 1, 2025Sen: Rereferred to Committee, 05/01/2025, Vote 4-1; SC 19
  14. May 1, 2025SenRereferred to Committee, MA, VV; 05/01/2025; SJ 11
  15. Jan 7, 2026Sen: Ought to Pass, 01/07/2026, Vote 3-2; SC 46
  16. Jan 7, 2026SenSen. Murphy Floor Amendment # 2026-0054s, DIV 11Y-13N, AF; 01/07/2026; SJ 1
  17. Jan 7, 2026SenOught to Pass: RC 13Y-11N, MA; OT3rdg; 01/07/2026; SJ 1
  18. Jan 7, 2026SenEnrolled Bill Amendment # 2026-0125e Adopted, VV, (In recess of 01/07/2026); SJ 2
  19. Jan 8, 2026HouseEnrolled Bill Amendment # 2026-0125e: AA VV (in recess of) 01/08/2026
  20. Feb 5, 2026SenEnrolled Adopted, VV, (In recess 02/05/2026); SJ 4
  21. Feb 5, 2026HouseEnrolled (in recess of) 02/05/2026 HJ 3 P. 67
  22. Mar 16, 2026HouseVetoed by Governor Ayotte 03/16/2026 HJ 10 P. 4
  23. Apr 9, 2026HouseVeto Sustained 04/09/2026: RC 186-169 Lacking Necessary Two-Thirds Vote HJ 10 P. 4

Coverage

Background reading

Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.

  • PaintCareProgram operator

    PaintCare — The industry-run program that would have administered a New Hampshire paint plan, with per-container fees by state.AI-generated

  • Sustainable materials managementFederal

    U.S. Environmental Protection Agency — The federal framing of producer responsibility and waste diversion.AI-generated

  • Product Stewardship InstituteAdvocacy

    Product Stewardship Institute — The organization behind most state EPR laws, with a state-by-state view of paint programs.AI-generated

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.