Will Pawlenty kill paint recycling bill?

A bill that would make it easier for consumers to recycle leftover paint may fall victim to Gov. Pawlenty’s veto pen because the measure’s funding source could be portrayed as a new tax.

The Paint Stewardship Pilot Program is intended to serve as a model for the nation to address the problems posed by excess paint. The Minnesota Pollution Control Authority estimates that 1.3 million gallons of paint are disposed of every year in Minnesota, almost half of it disposed of improperly. If the bill becomes law, beginning July 1, paint retailers will be designated as recycling drop-off points and responsible for ensuring the paint is recycled.

Paint recycling is an expensive process, costing as much as $8 per gallon. In order to support the program at a time when public funds are scarce, a cost recovery “fee” not to exceed 50 cents per gallon will be applied to all architectural paint sold in Minnesota, and therein lies Pawlenty’s dilemma.

The “when is a fee a tax” question is not a new one to Pawlenty. The pressure on Pawlenty to stick to his conservative spending record at time when he is a front-runner for the vice-presidential nomination may force him to ignore his environmental legacy and kill a first-in-the-nation program to address a significant source of harmful pollution.

The senate passed SF3775 by a nearly unanimous 63-1, while the house approved HF4051 by a margin of 73-54.