EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0018*
HOUSE BILL 18
M3 2lr0964
HB 127/21 – ENT & ECM (PRE–FILED) CF 2lr0965
By: Delegate Boyce
Requested: October 26, 2021
Introduced and read first time: January 12, 2022
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Maryland Paint Stewardship 2
FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3
State or a certain representative organization to submit a plan for the establishment 4
of a Paint Stewardship Program to the Department of the Environment for approval 5
on or before a certain date and in accordance with certain requirements; requiring a 6
certain plan to establish a certain assessment on architectural paint sold in the State 7
that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8
transporting, and processing postconsumer paint statewide; requiring the Office of 9
Recycling within the Department to review and approve certain plans, including a 10
certain assessment, submitted in accordance with the Paint Stewardship Program; 11
requiring certain producers and retailers or distributors to add a certain assessment 12
to the cost of all architectural paint sold in the State beginning on a certain date; 13
requiring a certain producer or representative organization to implement a certain 14
program within a certain amount of time after the Department approves a certain 15
plan; prohibiting a producer or retailer from selling or offering for sale certain 16
architectural paint under certain circumstances beginning on a certain date or after 17
a certain amount of time after the Department approves a certain plan, whichever 18
is later; and generally relating to the Paint Stewardship Program. 19
BY repealing and reenacting, without amendments, 20
Article – Environment 21
Section 9–1701(a), (i), and (m) 22
Annotated Code of Maryland 23
(2014 Replacement Volume and 2021 Supplement) 24
BY adding to 25
Article – Environment 26
Section 9–1701(b–1), (i–1), (o–1) through (o–3), (r–2) through (r–4); and 9–1733 to be 27
under the new part “Part V. Paint Stewardship Program” 28 2 HOUSE BILL 18
Annotated Code of Maryland 1
(2014 Replacement Volume and 2021 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Environment 4
Section 9–1701(i–1), 9–1702, and 9–1707(f) 5
Annotated Code of Maryland 6
(2014 Replacement Volume and 2021 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Environment 10
9–1701. 11
(a) In this subtitle the following words have the meanings indicated. 12
(B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 13
ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 14
(2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 15
COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 16
(i) “Director” means the Director of the Office of Recycling. 17
(I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 18
RELATIONSHIP WITH ONE OR MORE PRO DUCERS TO MARKET AND SELL 19
ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 20
[(i–1)] (I–2) “Food residuals” means material derived from the processing or 21
discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 22
products, and meats. 23
(m) “Office” means the Office of Recycling within the Department. 24
(O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 25
THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 26
NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 27
COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 28
STATEWIDE. 29
(O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 30
AND NO LONGER WANTED BY A PURCHASER . 31
HOUSE BILL 18 3
(O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 1
THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 2
THE PRODUCER ’S OWN NAME OR BRAND . 3
(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 4
ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 5
PROGRAM. 6
(R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 7
FOR SALE AT RETAIL I N THE STATE. 8
(R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 9
CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 10
OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 11
MEANS. 12
9–1702. 13
(a) There is an Office of Recycling created within the Department. 14
(b) The Secretary shall appoint a Director and sufficient staff to perform the 15
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 16
budget. 17
(c) The Secretary may adopt regulations to carry out the provisions of this 18
subtitle. 19
(d) The Office shall: 20
(1) Assist the counties in developing an acceptable recycling plan required 21
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 22
the local governments; 23
(2) Coordinate the efforts of the State to facilitate the implementation of 24
the recycling goals at the county level; 25
(3) Review all recycling plans submitted as part of a county plan as 26
required under § 9–505 of this title and advise the Secretary on the adequacy of the 27
recycling plan; 28
(4) Administer the Statewide Electronics Recycling Program under Part IV 29
of this subtitle; [and] 30
(5) Promote the development of markets for recycled materials and 31
recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 32
4 HOUSE BILL 18
(6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 1
THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 2
STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 3
(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 4
coordination with the Maryland Environmental Service, study and report to the Governor 5
and, subject to § 2–1257 of the State Government Article, the General Assembly on: 6
(1) The identification and location of recycling centers, including an 7
analysis of existing recycling centers and the need to expand these facilities or construct 8
new recycling centers; 9
(2) Programs necessary to educate the public on the need to participate in 10
recycling efforts; 11
(3) The economics and financing of existing and proposed systems of waste 12
disposal and recycling; 13
(4) State procurement policies for the purchase of recycled materials; 14
(5) Programs necessary to reduce the amount of solid waste generated for 15
disposal by a State agency or unit; 16
(6) The liaison role with local governments, the federal government, and 17
the private sector; 18
(7) The percentage reduction in the amount of solid waste that has been 19
achieved by each county; and 20
(8) Economically feasible methods for the recycling of scrap automobile 21
tires, batteries, and white goods. 22
(f) (1) By December 1, 1988, the Office shall, in coordination with the 23
Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 24
recommendations to the General Assembly for the financing of a comprehensive system of 25
recycling at the State and local level, including funding for recycling centers, recycling 26
equipment, recycling education, and marketing strategies. 27
(2) After the financing recommendations are made under paragraph (1) of 28
this subsection, each county may submit to the Office and the Governor a detailed request 29
for funds necessary to assist in the development and implementation of a recycling plan 30
under guidelines developed by the Office. 31
(g) In studying feasible methods for the management and recycling of used tires 32
under subsection (e)(9) of this section, the Office of Recycling shall consult with the 33
appropriate industry, including representatives of: 34
HOUSE BILL 18 5
(1) Tire manufacturers; 1
(2) Tire dealers; and 2
(3) Tire recyclers. 3
9–1707. 4
(f) (1) There is a State Recycling Trust Fund. 5
(2) The Fund shall consist of: 6
(i) The newsprint recycling incentive fee; 7
(ii) The telephone directory recycling incentive fee collected under § 8
9–1709 of this subtitle; 9
(iii) The covered electronic device manufacturer registration fee 10
collected under § 9–1728 of this subtitle; 11
(IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 12
REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 13
[(iv)] (V) All fines and penalties collected under this subtitle; 14
[(v)] (VI) Money appropriated in the State budget to the Fund; and 15
[(vi)] (VII) Any other money from any other source accepted for the 16
benefit of the Fund. 17
(3) The Secretary shall administer the Fund. 18
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 19
account for the Fund. 20
(5) At the end of each fiscal year, any unspent or unencumbered balance in 21
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 22
accordance with § 7–302 of the State Finance and Procurement Article. 23
(6) In accordance with the State budget, the Fund shall be used only: 24
(i) To provide grants to the counties to be used by the counties to 25
develop and implement local recycling plans; 26
(ii) To provide grants to counties that have addressed methods for 27
the separate collection and recycling of covered electronic devices in accordance with § 28
9–1703(c)(1) of this subtitle; 29 6 HOUSE BILL 18
(iii) To provide grants to municipalities to be used by the 1
municipalities to implement local covered electronic device recycling programs; [and] 2
(IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 3
PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 4
REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 5
FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 6
[(iv)] (V) To carry out the purposes of the land management 7
administration. 8
(7) (i) The Treasurer shall invest the money in the Fund in the same 9
manner as other State money may be invested. 10
(ii) Any investment earnings of the Fund shall be credited to the 11
General Fund of the State. 12
9–1731. RESERVED. 13
9–1732. RESERVED. 14
PART V. PAINT STEWARDSHIP PROGRAM. 15
9–1733. 16
(A) (1) ON OR BEFORE JANUARY 1, 2023, PRODUCERS OF 17
ARCHITECTURAL PAINT SOLD AT RETAIL IN TH E STATE, OR A REPRESENTATIVE 18
ORGANIZATION ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 19
ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 20
APPROVAL. 21
(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 22
AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 23
PAINT BY: 24
(I) REDUCING ITS GENERATI ON; 25
(II) PROMOTING ITS REUSE A ND RECYCLING ; AND 26
(III) NEGOTIATING AND EXECU TING AGREEMENTS TO COLLEC T, 27
TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 28
OF POSTCONSUMER PAIN T. 29
HOUSE BILL 18 7
(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 1
STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 2
(I) PROVIDES FOR COLLECTI ON RATES AND CONVENIENC E 3
EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 4
CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 5
(II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 6
PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 7
IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 8
(III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 9
BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 10
WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 11
AGREEABLE; AND 12
(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 13
NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 14
BASED ON THE FOLLOWI NG CRITERIA: 15
1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 16
SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 17
2. UNLESS OTHERWISE APPR OVED BY THE 18
DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 19
EVERY 50,000 RESIDENTS OF A GEOGR APHICAL AREA DESIGNA TED UNDER FEDERAL 20
LAW AS AN URBANIZED AREA. 21
(4) THE PLAN MAY IDENTIFY A RETAILER AS A POS TCONSUMER PAINT 22
COLLECTION SITE IF : 23
(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 24
PAINT COLLECTION SIT E; 25
(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 26
LAWS AND REGULATIONS ; AND 27
(III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 28
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 29
COLLECTION LOCATIONS . 30
(5) THE PLAN SHALL ESTABL ISH: 31
8 HOUSE BILL 18
(I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 1
ARCHITECTURAL PAINT SOLD IN THE STATE; AND 2
(II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A 3
PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 4
ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 5
CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 6
(6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 7
MAY NOT EXCEED THE C OSTS OF IMPLEMENTING THE PAINT STEWARDSHIP 8
PROGRAM. 9
(7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 10
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 11
DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING THE PAINT 12
STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 13
(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 14
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 15
(8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 16
IMPLEMENT THE PAINT STEWARDSHIP PROGRAM. 17
(B) (1) THE DEPARTMENT SHALL REVI EW: 18
(I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 19
UNDER SUBSECTION (A) OF THIS SECTION; AND 20
(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 21
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDS HIP 22
ASSESSMENTS . 23
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 24
SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 25
DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 26
9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 27
REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 28
AS DETERMINED BY THE DEPARTMENT . 29
(3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 30
STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 31
ASSESSMENT , COMPLIES WITH THE REQUIREMENTS OF SUBS ECTION (A) OF THIS 32
SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 33
HOUSE BILL 18 9
(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 1
AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 2
STEWARDSHIP PROGRAM. 3
(C) (1) A PRODUCER OR REPRESENTATIVE OR GANIZATION SHALL 4
IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 5
THE PLAN’S APPROVAL BY THE DEPARTMENT . 6
(2) BEGINNING OCTOBER 1, 2023, OR 6 MONTHS AFTER PLAN 7
APPROVAL, WHICHEVER IS LATER : 8
(I) A PRODUCER OR RETAILER MAY NOT SEL L OR OFFER FOR 9
SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 10
THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 11
THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 12
STEWARDSHIP PROGRAM; 13
(II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 14
ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 15
TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 16
DISTRIBUTED IN THE STATE; AND 17
(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 18
STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 19
PAINT SOLD IN THE STATE. 20
(D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 21
AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 22
EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 23
(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 24
MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 25
PROGRAM; AND 26
(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 27
ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING THE PROGRAM IS INCLUDED 28
IN THE PURCHASE PRIC E OF ALL ARCHITECTUR AL PAINT SOLD IN THE STATE. 29
(E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 30
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 31
ON THE DATE THE ARCH ITECTURAL P AINT WAS ORDERED FRO M THE PRODUCER OR 32
ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 33
WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 34
STEWARDSHIP PROGRAM. 35 10 HOUSE BILL 18
(F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 1
PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 2
IS OFFERED FOR DISPO SAL. 3
(G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 4
THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 5
ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 6
IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 7
RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 8
UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 9
(H) (1) BEGINNING APRIL 1, 2024, AND ANNUALLY THEREAFTER , THE 10
PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 11
DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 12
(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 13
TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 14
(II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 15
THE STATE; 16
(III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 17
COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 18
RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 19
AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 20
STATE FOR EACH COUNTY IN THE STATE; 21
(IV) THE TOTAL COST OF IMP LEMENTING AND ADMINI STERING 22
THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED 23
BY THE PAINT STEWARDSHIP ASSESSME NT; AND 24
(V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 25
CONSUMERS OF ARCHITE CTURAL PAINT. 26
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 27
SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 28
FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 29
FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 30
OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 31
OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 32
(I) (1) THE DEPARTMENT SHALL REVIE W THE ANNUAL REPORT 33
REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 34 HOUSE BILL 18 11
(I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 1
PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 2
THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 3
PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 4
(II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 5
IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 6
(2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 7
STEWARDSHIP ANNUAL REPOR T, INCLUDING THE PAINT STEWARDSHIP 8
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 9
SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 10
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 11
MAKE THE APPROVED ANNUAL REPORT AVAILA BLE TO THE PUBLIC . 12
(J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 13
DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 14
KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 15
INSPECTION. 16
(2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 17
NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 18
RETAILER, OR REPRESENTATIVE OR GANIZATION. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2022. 21