The House, Thursday, April 9, 2026

Rep. Ross Berry (R - Hills 44)Thank you, Mr. Speaker. Mr. Speaker, House Bill 451 is a hidden sales tax on paint. They can call it an assessment all they want, but when government forces an extra charge into the purchase price of a product, regular people know what it is; it's a tax by another name. And if this program was such a great idea, why legislate that the sellers must hide the cost in the legislation? That tells you everything you need to know. If you have to mandate that the charge be buried into the cost by law, you're not the good guy. That's trickery, not transparency. Mr. Speaker, this bill makes New Hampshire less affordable. Paint is not some luxury item. People buy it to maintain their homes, fix up their apartments, run their businesses, and keep their property in good shape. Every extra dollar the state sneaks into the price makes it harder for working families and small businesses to make ends meet. This is how affordability gets chipped away; not always in one giant tax hike, but with one hidden sales tax after another, each one folded back into the daily cost of living. Today, it's a paint tax. Tomorrow, it's something else. HB 451 is a sales tax sold to us as stewardship. It makes New Hampshire less affordable. It grows bureaucracy, and once again, Mr. Speaker, if you have to legislate to hide the cost, you are not the good guy. I urge my colleagues to press the red button.

Speaker PackardThe Chair recognizes Representative Ebel.

Rep. Karen Ebel (D - Merr 7)Thank you, Mr. Speaker. Over a year ago, HB 451, a bill that would create a free paint recycling program in this state, passed the House on the consent calendar after a thorough vetting by the House Commerce Committee. It was on consent, and then it was properly waived off from Finance because there was no impact on the state budget. Why? No state fee. No sales tax. Any minimal state costs would be reimbursed by paint manufacturers. Paint recycling options were thoroughly researched, first by the Environment and Agriculture Committee, then by the state's solid waste working group, and once again by the Commerce Committee. So much work has gone into this bill, but here we are. Everyone involved has had the good of this state in mind only, a desire to make it easy and free for granite staters to recycle old paint. The body on the other side of the wall passed it on a bipartisan basis, sent to Ways and Means, not sent to Finance. No budget impact. No state fee. No state tax. HB 451, as vetoed, is precisely the same bill that we passed unanimously a year ago and not one word has changed. So, the veto message was surprising given the bill's rigorous committee review and the legislature's strong support. Yes, no sales tax. Not now. Not ever. Product stewardship, nationwide, is an accepted, industry-supported waste management method. It's not nefarious. Willing manufacturers help by funding non-profit organizations to collect hazardous waste, or products that are difficult to manage, like sharps, mattresses, light bulbs, e-waste, batteries, and yes, paint. Collection is free. We've had a program right here in New Hampshire for mercury thermostats for decades. HB 451 is supported by our towns, by the solid waste industry, by the paint industry, by the BIA, by environmental groups, and these are our constituents. HB 451 saves property tax dollars. Old paint will be recycled for free, not tossed. Retailers can act as collection sites if they want to, and some want the foot traffic. Folks with their basements full of old paint love this idea. They could finally empty the cellar without waiting for the next household hazardous waste day; a day we all seem to miss every time. So let's get to the crux of this, which is the funding. HB 451 authorizes paint manufacturers to fund a paint can collection program by including collection costs in paint sold into the state. This recycling cost is state-based, and it's included, yes, in the wholesale cost of paint. Retailers sell the paint, setting their own prices as they do now, and that's it. No point-of-sale charge. People who use paint, pay. The rest of us don't. It seems fair. This is not unusual in this state. In fact, no one objected to this bill until outside groups decided to lean into the sales tax mantra. Facts have been explained at length to staff throughout the statehouse to no avail. Why has a decision been made to call this a sales tax when it isn't? I don't know, but I can guess. What I do know is that we have been embroiled in landfill battles here for years. We worry about contaminated leachate ending up in wastewater and drinking water. We have very few good options to make a real dent in the waste we throw away, and this is one. What I do know is that property taxes are skyrocketing. We should look for ways to reduce them. This is one. This program could save our constituents upwards of a million dollars annually. That is more affordable. Giving granite staters a free, convenient program for collecting hazardous waste is good policy. And to quote my colleague from Rochester, folks, the New Hampshire Advantage is its people, its lakes, its mountains, and its quality of life. We would do well to remember that here today and work to preserve it. Let's do something better with our paint than dumping it. I urge this body to vote green, overturn the veto, because, yes, there is no sales tax here. Not now, not ever. Thank you.

Speaker PackardThe House will be in order. The state constitution requires a roll call. A two-thirds vote is required to override a veto. This will be a roll call vote. Members, take your seats. The state constitution requires a roll call. A two-thirds vote is required to override a veto. The chair recognizes Representative Judy Aron for her parliamentary inquiry.

Rep. Judy Aron (R - Sull 4)Thank you, Mr. Speaker. Mr. Speaker, if I know that our property taxes now pay for the expensive disposal of everyone's hazardous paint products and paint cans, even if we never use paint, and if I also know that the paint industry will set up a program in New Hampshire to recycle paint and paint cans rather than dispose of them in our landfills, and if I further know that HB 451 simply authorizes paint manufacturers to include collection and recycling costs along with their other costs into the price we pay for paint, with no point of sale fee and funds going to the state, and finally, if I know that this body passed HB 451 unanimously and that it does not create a sales tax, would I now press the green button to support better paint disposal and taxpayer savings and override this veto? Thank you.

Speaker PackardThe question before the House is notwithstanding Governor's veto, shall House Bill 451-FN become law? If you are in favor of the bill becoming law, you will press the green button. If you are opposed and wish to sustain the Governor's veto, you will press the red button. Voting stations are open for 30 seconds. Have all members present had an opportunity to vote? The House will attend to the state of the vote. 186 voting aye, 169 voting nay. The motion fails, lack of two-thirds. (Representative Steven Smith in the Chair)