| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0018* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 18 | |
| 11 | 8 | M3 2lr0964 | |
| 12 | - | HB 127/21 – ENT & ECM (PRE–FILED) CF SB 143 | |
| 13 | - | By: Delegate Boyce Delegates Boyce, Amprey, Barve, Foley, Fraser –Hidalgo, | |
| 14 | - | Healey, Holmes, Jalisi, Lehman, Lierman, Love, Prettyman, Ruth, Stein, | |
| 15 | - | Stewart, Terrasa, and Wells | |
| 9 | + | HB 127/21 – ENT & ECM (PRE–FILED) CF 2lr0965 | |
| 10 | + | By: Delegate Boyce | |
| 16 | 11 | Requested: October 26, 2021 | |
| 17 | 12 | Introduced and read first time: January 12, 2022 | |
| 18 | 13 | Assigned to: Environment and Transportation and Economic Matters | |
| 19 | - | Committee Report: Favorable with amendments | |
| 20 | - | House action: Adopted | |
| 21 | - | Read second time: March 3, 2022 | |
| 22 | 14 | ||
| 23 | - | ||
| 15 | + | A BILL ENTITLED | |
| 24 | 16 | ||
| 25 | 17 | AN ACT concerning 1 | |
| 26 | 18 | ||
| 27 | 19 | Maryland Paint Stewardship 2 | |
| 28 | 20 | ||
| 29 | 21 | FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3 | |
| 30 | 22 | State or a certain representative organization to submit a plan for the establishment 4 | |
| 31 | 23 | of a Paint Stewardship Program to the Department of the Environment for approval 5 | |
| 32 | 24 | on or before a certain date and in accordance with certain requirements; requiring a 6 | |
| 33 | 25 | certain plan to establish a certain assessment on architectural paint sold in the State 7 | |
| 34 | 26 | that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8 | |
| 35 | 27 | transporting, and processing postconsumer paint statewide; requiring the Office of 9 | |
| 36 | 28 | Recycling within the Department to review and approve certain plans, including a 10 | |
| 37 | 29 | certain assessment, submitted in accordance with the Paint Stewardship Program; 11 | |
| 38 | 30 | requiring certain producers and retailers or distributors to add a certain assessment 12 | |
| 39 | 31 | to the cost of all architectural paint sold in the State beginning on a certain date; 13 | |
| 40 | 32 | requiring a certain producer or representative organization to implement a certain 14 | |
| 41 | 33 | program within a certain amount of time after the Department approves a certain 15 | |
| 42 | 34 | plan; prohibiting a producer or retailer from selling or offering for sale certain 16 | |
| 43 | 35 | architectural paint under certain circumstances beginning on a certain date or after 17 | |
| 44 | 36 | a certain amount of time after the Department approves a certain plan, whichever 18 | |
| 45 | 37 | is later; and generally relating to the Paint Stewardship Program. 19 | |
| 46 | 38 | ||
| 47 | 39 | BY repealing and reenacting, without amendments, 20 | |
| 48 | - | Article – Environment 21 2 HOUSE BILL 18 | |
| 40 | + | Article – Environment 21 | |
| 41 | + | Section 9–1701(a), (i), and (m) 22 | |
| 42 | + | Annotated Code of Maryland 23 | |
| 43 | + | (2014 Replacement Volume and 2021 Supplement) 24 | |
| 44 | + | ||
| 45 | + | BY adding to 25 | |
| 46 | + | Article – Environment 26 | |
| 47 | + | Section 9–1701(b–1), (i–1), (o–1) through (o–3), (r–2) through (r–4); and 9–1733 to be 27 | |
| 48 | + | under the new part “Part V. Paint Stewardship Program” 28 2 HOUSE BILL 18 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Section 9–1701(a), (i), and (m) 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2014 Replacement Volume and 2021 Supplement) 3 | |
| 51 | + | Annotated Code of Maryland 1 | |
| 52 | + | (2014 Replacement Volume and 2021 Supplement) 2 | |
| 54 | 53 | ||
| 55 | - | BY adding to 4 | |
| 56 | - | Article – Environment 5 | |
| 57 | - | Section 9–1701(b–1), (i–1), (o–1) through (o–3), (r–2) through (r–4); and 9–1733 to be 6 | |
| 58 | - | under the new part “Part V. Paint Stewardship Program” 7 | |
| 59 | - | Annotated Code of Maryland 8 | |
| 60 | - | (2014 Replacement Volume and 2021 Supplement) 9 | |
| 54 | + | BY repealing and reenacting, with amendments, 3 | |
| 55 | + | Article – Environment 4 | |
| 56 | + | Section 9–1701(i–1), 9–1702, and 9–1707(f) 5 | |
| 57 | + | Annotated Code of Maryland 6 | |
| 58 | + | (2014 Replacement Volume and 2021 Supplement) 7 | |
| 61 | 59 | ||
| 62 | - | BY repealing and reenacting, with amendments, 10 | |
| 63 | - | Article – Environment 11 | |
| 64 | - | Section 9–1701(i–1), 9–1702, and 9–1707(f) 12 | |
| 65 | - | Annotated Code of Maryland 13 | |
| 66 | - | (2014 Replacement Volume and 2021 Supplement) 14 | |
| 60 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 | |
| 61 | + | That the Laws of Maryland read as follows: 9 | |
| 67 | 62 | ||
| 68 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 69 | - | That the Laws of Maryland read as follows: 16 | |
| 63 | + | Article – Environment 10 | |
| 70 | 64 | ||
| 71 | - | ||
| 65 | + | 9–1701. 11 | |
| 72 | 66 | ||
| 73 | - | ||
| 67 | + | (a) In this subtitle the following words have the meanings indicated. 12 | |
| 74 | 68 | ||
| 75 | - | (a) In this subtitle the following words have the meanings indicated. 19 | |
| 69 | + | (B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 13 | |
| 70 | + | ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 14 | |
| 76 | 71 | ||
| 77 | - | ( | |
| 78 | - | ||
| 72 | + | (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 15 | |
| 73 | + | COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 16 | |
| 79 | 74 | ||
| 80 | - | (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 22 | |
| 81 | - | COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 23 | |
| 75 | + | (i) “Director” means the Director of the Office of Recycling. 17 | |
| 82 | 76 | ||
| 83 | - | (i) “Director” means the Director of the Office of Recycling. 24 | |
| 77 | + | (I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 18 | |
| 78 | + | RELATIONSHIP WITH ONE OR MORE PRO DUCERS TO MARKET AND SELL 19 | |
| 79 | + | ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 20 | |
| 84 | 80 | ||
| 85 | - | (I–1) “ | |
| 86 | - | ||
| 87 | - | ||
| 81 | + | [(i–1)] (I–2) “Food residuals” means material derived from the processing or 21 | |
| 82 | + | discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 22 | |
| 83 | + | products, and meats. 23 | |
| 88 | 84 | ||
| 89 | - | [(i–1)] (I–2) “Food residuals” means material derived from the processing or 28 | |
| 90 | - | discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 29 | |
| 91 | - | products, and meats. 30 | |
| 85 | + | (m) “Office” means the Office of Recycling within the Department. 24 | |
| 92 | 86 | ||
| 93 | - | (m) “Office” means the Office of Recycling within the Department. 31 | |
| 87 | + | (O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 25 | |
| 88 | + | THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 26 | |
| 89 | + | NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 27 | |
| 90 | + | COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 28 | |
| 91 | + | STATEWIDE. 29 | |
| 94 | 92 | ||
| 95 | - | (O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 32 | |
| 96 | - | THE PURCHASE PRICE O F ARCHITECTURAL PAINT SOLD IN THE STATE THAT IS 33 HOUSE BILL 18 3 | |
| 93 | + | (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 30 | |
| 94 | + | AND NO LONGER WANTED BY A PURCHASER . 31 | |
| 95 | + | HOUSE BILL 18 3 | |
| 97 | 96 | ||
| 98 | 97 | ||
| 99 | - | ||
| 100 | - | ||
| 101 | - | ||
| 98 | + | (O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 1 | |
| 99 | + | THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 2 | |
| 100 | + | THE PRODUCER ’S OWN NAME OR BRAND . 3 | |
| 102 | 101 | ||
| 103 | - | (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 4 | |
| 104 | - | AND NO LONGER WANTED BY A PURCHASER . 5 | |
| 102 | + | (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 4 | |
| 103 | + | ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 5 | |
| 104 | + | PROGRAM. 6 | |
| 105 | 105 | ||
| 106 | - | (O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 6 | |
| 107 | - | THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 7 | |
| 108 | - | THE PRODUCER ’S OWN NAME OR BRAND . 8 | |
| 106 | + | (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 7 | |
| 107 | + | FOR SALE AT RETAIL I N THE STATE. 8 | |
| 109 | 108 | ||
| 110 | - | (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 9 | |
| 111 | - | ORGANIZATION CREATED BY PRODUCERS TO IMPLEMENT A PAINT STEWARDSHIP 10 | |
| 112 | - | PROGRAM. 11 | |
| 109 | + | (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 9 | |
| 110 | + | CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 10 | |
| 111 | + | OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 11 | |
| 112 | + | MEANS. 12 | |
| 113 | 113 | ||
| 114 | - | (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 12 | |
| 115 | - | FOR SALE AT RETAIL I N THE STATE. 13 | |
| 114 | + | 9–1702. 13 | |
| 116 | 115 | ||
| 117 | - | (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 14 | |
| 118 | - | CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 15 | |
| 119 | - | OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 16 | |
| 120 | - | MEANS. 17 | |
| 116 | + | (a) There is an Office of Recycling created within the Department. 14 | |
| 121 | 117 | ||
| 122 | - | 9–1702. 18 | |
| 118 | + | (b) The Secretary shall appoint a Director and sufficient staff to perform the 15 | |
| 119 | + | functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 16 | |
| 120 | + | budget. 17 | |
| 123 | 121 | ||
| 124 | - | (a) There is an Office of Recycling created within the Department. 19 | |
| 122 | + | (c) The Secretary may adopt regulations to carry out the provisions of this 18 | |
| 123 | + | subtitle. 19 | |
| 125 | 124 | ||
| 126 | - | (b) The Secretary shall appoint a Director and sufficient staff to perform the 20 | |
| 127 | - | functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 21 | |
| 128 | - | budget. 22 | |
| 125 | + | (d) The Office shall: 20 | |
| 129 | 126 | ||
| 130 | - | (c) The Secretary may adopt regulations to carry out the provisions of this 23 | |
| 131 | - | subtitle. 24 | |
| 127 | + | (1) Assist the counties in developing an acceptable recycling plan required 21 | |
| 128 | + | under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 22 | |
| 129 | + | the local governments; 23 | |
| 132 | 130 | ||
| 133 | - | (d) The Office shall: 25 | |
| 131 | + | (2) Coordinate the efforts of the State to facilitate the implementation of 24 | |
| 132 | + | the recycling goals at the county level; 25 | |
| 134 | 133 | ||
| 135 | - | ( | |
| 136 | - | under | |
| 137 | - | ||
| 134 | + | (3) Review all recycling plans submitted as part of a county plan as 26 | |
| 135 | + | required under § 9–505 of this title and advise the Secretary on the adequacy of the 27 | |
| 136 | + | recycling plan; 28 | |
| 138 | 137 | ||
| 139 | - | ( | |
| 140 | - | ||
| 138 | + | (4) Administer the Statewide Electronics Recycling Program under Part IV 29 | |
| 139 | + | of this subtitle; [and] 30 | |
| 141 | 140 | ||
| 142 | - | (3) Review all recycling plans submitted as part of a county plan as 31 | |
| 143 | - | required under § 9–505 of this title and advise the Secretary on the adequacy of the 32 | |
| 144 | - | recycling plan; 33 4 HOUSE BILL 18 | |
| 141 | + | (5) Promote the development of markets for recycled materials and 31 | |
| 142 | + | recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 32 | |
| 143 | + | 4 HOUSE BILL 18 | |
| 144 | + | ||
| 145 | + | ||
| 146 | + | (6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 1 | |
| 147 | + | THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 2 | |
| 148 | + | STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 3 | |
| 149 | + | ||
| 150 | + | (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 4 | |
| 151 | + | coordination with the Maryland Environmental Service, study and report to the Governor 5 | |
| 152 | + | and, subject to § 2–1257 of the State Government Article, the General Assembly on: 6 | |
| 153 | + | ||
| 154 | + | (1) The identification and location of recycling centers, including an 7 | |
| 155 | + | analysis of existing recycling centers and the need to expand these facilities or construct 8 | |
| 156 | + | new recycling centers; 9 | |
| 157 | + | ||
| 158 | + | (2) Programs necessary to educate the public on the need to participate in 10 | |
| 159 | + | recycling efforts; 11 | |
| 160 | + | ||
| 161 | + | (3) The economics and financing of existing and proposed systems of waste 12 | |
| 162 | + | disposal and recycling; 13 | |
| 163 | + | ||
| 164 | + | (4) State procurement policies for the purchase of recycled materials; 14 | |
| 165 | + | ||
| 166 | + | (5) Programs necessary to reduce the amount of solid waste generated for 15 | |
| 167 | + | disposal by a State agency or unit; 16 | |
| 168 | + | ||
| 169 | + | (6) The liaison role with local governments, the federal government, and 17 | |
| 170 | + | the private sector; 18 | |
| 171 | + | ||
| 172 | + | (7) The percentage reduction in the amount of solid waste that has been 19 | |
| 173 | + | achieved by each county; and 20 | |
| 174 | + | ||
| 175 | + | (8) Economically feasible methods for the recycling of scrap automobile 21 | |
| 176 | + | tires, batteries, and white goods. 22 | |
| 177 | + | ||
| 178 | + | (f) (1) By December 1, 1988, the Office shall, in coordination with the 23 | |
| 179 | + | Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 24 | |
| 180 | + | recommendations to the General Assembly for the financing of a comprehensive system of 25 | |
| 181 | + | recycling at the State and local level, including funding for recycling centers, recycling 26 | |
| 182 | + | equipment, recycling education, and marketing strategies. 27 | |
| 183 | + | ||
| 184 | + | (2) After the financing recommendations are made under paragraph (1) of 28 | |
| 185 | + | this subsection, each county may submit to the Office and the Governor a detailed request 29 | |
| 186 | + | for funds necessary to assist in the development and implementation of a recycling plan 30 | |
| 187 | + | under guidelines developed by the Office. 31 | |
| 188 | + | ||
| 189 | + | (g) In studying feasible methods for the management and recycling of used tires 32 | |
| 190 | + | under subsection (e)(9) of this section, the Office of Recycling shall consult with the 33 | |
| 191 | + | appropriate industry, including representatives of: 34 | |
| 192 | + | HOUSE BILL 18 5 | |
| 193 | + | ||
| 194 | + | ||
| 195 | + | (1) Tire manufacturers; 1 | |
| 196 | + | ||
| 197 | + | (2) Tire dealers; and 2 | |
| 198 | + | ||
| 199 | + | (3) Tire recyclers. 3 | |
| 200 | + | ||
| 201 | + | 9–1707. 4 | |
| 202 | + | ||
| 203 | + | (f) (1) There is a State Recycling Trust Fund. 5 | |
| 204 | + | ||
| 205 | + | (2) The Fund shall consist of: 6 | |
| 206 | + | ||
| 207 | + | (i) The newsprint recycling incentive fee; 7 | |
| 208 | + | ||
| 209 | + | (ii) The telephone directory recycling incentive fee collected under § 8 | |
| 210 | + | 9–1709 of this subtitle; 9 | |
| 211 | + | ||
| 212 | + | (iii) The covered electronic device manufacturer registration fee 10 | |
| 213 | + | collected under § 9–1728 of this subtitle; 11 | |
| 214 | + | ||
| 215 | + | (IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 12 | |
| 216 | + | REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 13 | |
| 217 | + | ||
| 218 | + | [(iv)] (V) All fines and penalties collected under this subtitle; 14 | |
| 219 | + | ||
| 220 | + | [(v)] (VI) Money appropriated in the State budget to the Fund; and 15 | |
| 221 | + | ||
| 222 | + | [(vi)] (VII) Any other money from any other source accepted for the 16 | |
| 223 | + | benefit of the Fund. 17 | |
| 224 | + | ||
| 225 | + | (3) The Secretary shall administer the Fund. 18 | |
| 226 | + | ||
| 227 | + | (4) The Treasurer shall hold the Fund separately and the Comptroller shall 19 | |
| 228 | + | account for the Fund. 20 | |
| 229 | + | ||
| 230 | + | (5) At the end of each fiscal year, any unspent or unencumbered balance in 21 | |
| 231 | + | the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 22 | |
| 232 | + | accordance with § 7–302 of the State Finance and Procurement Article. 23 | |
| 233 | + | ||
| 234 | + | (6) In accordance with the State budget, the Fund shall be used only: 24 | |
| 235 | + | ||
| 236 | + | (i) To provide grants to the counties to be used by the counties to 25 | |
| 237 | + | develop and implement local recycling plans; 26 | |
| 238 | + | ||
| 239 | + | (ii) To provide grants to counties that have addressed methods for 27 | |
| 240 | + | the separate collection and recycling of covered electronic devices in accordance with § 28 | |
| 241 | + | 9–1703(c)(1) of this subtitle; 29 6 HOUSE BILL 18 | |
| 145 | 242 | ||
| 146 | 243 | ||
| 147 | 244 | ||
| 148 | - | ( | |
| 149 | - | ||
| 245 | + | (iii) To provide grants to municipalities to be used by the 1 | |
| 246 | + | municipalities to implement local covered electronic device recycling programs; [and] 2 | |
| 150 | 247 | ||
| 151 | - | (5) Promote the development of markets for recycled materials and 3 | |
| 152 | - | recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 4 | |
| 248 | + | (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 3 | |
| 249 | + | PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 4 | |
| 250 | + | REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 5 | |
| 251 | + | FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 6 | |
| 153 | 252 | ||
| 154 | - | (6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 5 | |
| 155 | - | THE PAINT STEWARDSHIP AS SESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 6 | |
| 156 | - | STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 7 | |
| 253 | + | [(iv)] (V) To carry out the purposes of the land management 7 | |
| 254 | + | administration. 8 | |
| 157 | 255 | ||
| 158 | - | (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 8 | |
| 159 | - | coordination with the Maryland Environmental Service, study and report to the Governor 9 | |
| 160 | - | and, subject to § 2–1257 of the State Government Article, the General Assembly on: 10 | |
| 256 | + | (7) (i) The Treasurer shall invest the money in the Fund in the same 9 | |
| 257 | + | manner as other State money may be invested. 10 | |
| 161 | 258 | ||
| 162 | - | (1) The identification and location of recycling centers, including an 11 | |
| 163 | - | analysis of existing recycling centers and the need to expand these facilities or construct 12 | |
| 164 | - | new recycling centers; 13 | |
| 259 | + | (ii) Any investment earnings of the Fund shall be credited to the 11 | |
| 260 | + | General Fund of the State. 12 | |
| 165 | 261 | ||
| 166 | - | (2) Programs necessary to educate the public on the need to participate in 14 | |
| 167 | - | recycling efforts; 15 | |
| 262 | + | 9–1731. RESERVED. 13 | |
| 168 | 263 | ||
| 169 | - | (3) The economics and financing of existing and proposed systems of waste 16 | |
| 170 | - | disposal and recycling; 17 | |
| 264 | + | 9–1732. RESERVED. 14 | |
| 171 | 265 | ||
| 172 | - | ||
| 266 | + | PART V. PAINT STEWARDSHIP PROGRAM. 15 | |
| 173 | 267 | ||
| 174 | - | (5) Programs necessary to reduce the amount of solid waste generated for 19 | |
| 175 | - | disposal by a State agency or unit; 20 | |
| 268 | + | 9–1733. 16 | |
| 176 | 269 | ||
| 177 | - | (6) The liaison role with local governments, the federal government, and 21 | |
| 178 | - | the private sector; 22 | |
| 270 | + | (A) (1) ON OR BEFORE JANUARY 1, 2023, PRODUCERS OF 17 | |
| 271 | + | ARCHITECTURAL PAINT SOLD AT RETAIL IN TH E STATE, OR A REPRESENTATIVE 18 | |
| 272 | + | ORGANIZATION ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 19 | |
| 273 | + | ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 20 | |
| 274 | + | APPROVAL. 21 | |
| 179 | 275 | ||
| 180 | - | (7) The percentage reduction in the amount of solid waste that has been 23 | |
| 181 | - | achieved by each county; and 24 | |
| 276 | + | (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 22 | |
| 277 | + | AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 23 | |
| 278 | + | PAINT BY: 24 | |
| 182 | 279 | ||
| 183 | - | (8) Economically feasible methods for the recycling of scrap automobile 25 | |
| 184 | - | tires, batteries, and white goods. 26 | |
| 280 | + | (I) REDUCING ITS GENERATI ON; 25 | |
| 185 | 281 | ||
| 186 | - | (f) (1) By December 1, 1988, the Office shall, in coordination with the 27 | |
| 187 | - | Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 28 | |
| 188 | - | recommendations to the General Assembly for the financing of a comprehensive system of 29 | |
| 189 | - | recycling at the State and local level, including funding for recycling centers, recycling 30 | |
| 190 | - | equipment, recycling education, and marketing strategies. 31 | |
| 282 | + | (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 26 | |
| 191 | 283 | ||
| 192 | - | (2) After the financing recommendations are made under paragraph (1) of 32 | |
| 193 | - | this subsection, each county may submit to the Office and the Governor a detailed request 33 HOUSE BILL 18 5 | |
| 284 | + | (III) NEGOTIATING AND EXECU TING AGREEMENTS TO COLLEC T, 27 | |
| 285 | + | TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 28 | |
| 286 | + | OF POSTCONSUMER PAIN T. 29 | |
| 287 | + | HOUSE BILL 18 7 | |
| 194 | 288 | ||
| 195 | 289 | ||
| 196 | - | ||
| 197 | - | ||
| 290 | + | (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 1 | |
| 291 | + | STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 2 | |
| 198 | 292 | ||
| 199 | - | ( | |
| 200 | - | ||
| 201 | - | ||
| 293 | + | (I) PROVIDES FOR COLLECTI ON RATES AND CONVENIENC E 3 | |
| 294 | + | EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 4 | |
| 295 | + | CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 5 | |
| 202 | 296 | ||
| 203 | - | (1) Tire manufacturers; 6 | |
| 297 | + | (II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 6 | |
| 298 | + | PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 7 | |
| 299 | + | IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 8 | |
| 204 | 300 | ||
| 205 | - | (2) Tire dealers; and 7 | |
| 301 | + | (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 9 | |
| 302 | + | BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 10 | |
| 303 | + | WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 11 | |
| 304 | + | AGREEABLE; AND 12 | |
| 206 | 305 | ||
| 207 | - | (3) Tire recyclers. 8 | |
| 306 | + | (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 13 | |
| 307 | + | NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 14 | |
| 308 | + | BASED ON THE FOLLOWI NG CRITERIA: 15 | |
| 208 | 309 | ||
| 209 | - | 9–1707. 9 | |
| 310 | + | 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 16 | |
| 311 | + | SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 17 | |
| 210 | 312 | ||
| 211 | - | (f) (1) There is a State Recycling Trust Fund. 10 | |
| 313 | + | 2. UNLESS OTHERWISE APPR OVED BY THE 18 | |
| 314 | + | DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 19 | |
| 315 | + | EVERY 50,000 RESIDENTS OF A GEOGR APHICAL AREA DESIGNA TED UNDER FEDERAL 20 | |
| 316 | + | LAW AS AN URBANIZED AREA. 21 | |
| 212 | 317 | ||
| 213 | - | (2) The Fund shall consist of: 11 | |
| 318 | + | (4) THE PLAN MAY IDENTIFY A RETAILER AS A POS TCONSUMER PAINT 22 | |
| 319 | + | COLLECTION SITE IF : 23 | |
| 214 | 320 | ||
| 215 | - | (i) The newsprint recycling incentive fee; 12 | |
| 321 | + | (I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 24 | |
| 322 | + | PAINT COLLECTION SIT E; 25 | |
| 216 | 323 | ||
| 217 | - | (ii) The | |
| 218 | - | ||
| 324 | + | (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 26 | |
| 325 | + | LAWS AND REGULATIONS ; AND 27 | |
| 219 | 326 | ||
| 220 | - | (iii) The covered electronic device manufacturer registration fee 15 | |
| 221 | - | collected under § 9–1728 of this subtitle; 16 | |
| 327 | + | (III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 28 | |
| 328 | + | MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 29 | |
| 329 | + | COLLECTION LOCATIONS . 30 | |
| 222 | 330 | ||
| 223 | - | ( | |
| 224 | - | ||
| 331 | + | (5) THE PLAN SHALL ESTABL ISH: 31 | |
| 332 | + | 8 HOUSE BILL 18 | |
| 225 | 333 | ||
| 226 | - | [(iv)] (V) All fines and penalties collected under this subtitle; 19 | |
| 227 | 334 | ||
| 228 | - | [(v)] (VI) Money appropriated in the State budget to the Fund; and 20 | |
| 335 | + | (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 1 | |
| 336 | + | ARCHITECTURAL PAINT SOLD IN THE STATE; AND 2 | |
| 229 | 337 | ||
| 230 | - | [(vi)] (VII) Any other money from any other source accepted for the 21 | |
| 231 | - | benefit of the Fund. 22 | |
| 338 | + | (II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A 3 | |
| 339 | + | PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 4 | |
| 340 | + | ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 5 | |
| 341 | + | CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 6 | |
| 232 | 342 | ||
| 233 | - | (3) The Secretary shall administer the Fund. 23 | |
| 343 | + | (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 7 | |
| 344 | + | MAY NOT EXCEED THE C OSTS OF IMPLEMENTING THE PAINT STEWARDSHIP 8 | |
| 345 | + | PROGRAM. 9 | |
| 234 | 346 | ||
| 235 | - | (4) The Treasurer shall hold the Fund separately and the Comptroller shall 24 | |
| 236 | - | account for the Fund. 25 | |
| 347 | + | (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 10 | |
| 348 | + | EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 11 | |
| 349 | + | DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING THE PAINT 12 | |
| 350 | + | STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 13 | |
| 237 | 351 | ||
| 238 | - | (5) At the end of each fiscal year, any unspent or unencumbered balance in 26 | |
| 239 | - | the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 27 | |
| 240 | - | accordance with § 7–302 of the State Finance and Procurement Article. 28 | |
| 352 | + | (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 14 | |
| 353 | + | FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 15 | |
| 241 | 354 | ||
| 242 | - | (6) In accordance with the State budget, the Fund shall be used only: 29 6 HOUSE BILL 18 | |
| 355 | + | (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 16 | |
| 356 | + | IMPLEMENT THE PAINT STEWARDSHIP PROGRAM. 17 | |
| 357 | + | ||
| 358 | + | (B) (1) THE DEPARTMENT SHALL REVI EW: 18 | |
| 359 | + | ||
| 360 | + | (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 19 | |
| 361 | + | UNDER SUBSECTION (A) OF THIS SECTION; AND 20 | |
| 362 | + | ||
| 363 | + | (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 21 | |
| 364 | + | AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDS HIP 22 | |
| 365 | + | ASSESSMENTS . 23 | |
| 366 | + | ||
| 367 | + | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 24 | |
| 368 | + | SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 25 | |
| 369 | + | DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 26 | |
| 370 | + | 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 27 | |
| 371 | + | REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 28 | |
| 372 | + | AS DETERMINED BY THE DEPARTMENT . 29 | |
| 373 | + | ||
| 374 | + | (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 30 | |
| 375 | + | STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 31 | |
| 376 | + | ASSESSMENT , COMPLIES WITH THE REQUIREMENTS OF SUBS ECTION (A) OF THIS 32 | |
| 377 | + | SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 33 | |
| 378 | + | HOUSE BILL 18 9 | |
| 379 | + | ||
| 380 | + | ||
| 381 | + | (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 1 | |
| 382 | + | AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 2 | |
| 383 | + | STEWARDSHIP PROGRAM. 3 | |
| 384 | + | ||
| 385 | + | (C) (1) A PRODUCER OR REPRESENTATIVE OR GANIZATION SHALL 4 | |
| 386 | + | IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 5 | |
| 387 | + | THE PLAN’S APPROVAL BY THE DEPARTMENT . 6 | |
| 388 | + | ||
| 389 | + | (2) BEGINNING OCTOBER 1, 2023, OR 6 MONTHS AFTER PLAN 7 | |
| 390 | + | APPROVAL, WHICHEVER IS LATER : 8 | |
| 391 | + | ||
| 392 | + | (I) A PRODUCER OR RETAILER MAY NOT SEL L OR OFFER FOR 9 | |
| 393 | + | SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 10 | |
| 394 | + | THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 11 | |
| 395 | + | THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 12 | |
| 396 | + | STEWARDSHIP PROGRAM; 13 | |
| 397 | + | ||
| 398 | + | (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 14 | |
| 399 | + | ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 15 | |
| 400 | + | TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 16 | |
| 401 | + | DISTRIBUTED IN THE STATE; AND 17 | |
| 402 | + | ||
| 403 | + | (III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 18 | |
| 404 | + | STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 19 | |
| 405 | + | PAINT SOLD IN THE STATE. 20 | |
| 406 | + | ||
| 407 | + | (D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 21 | |
| 408 | + | AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 22 | |
| 409 | + | EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 23 | |
| 410 | + | ||
| 411 | + | (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 24 | |
| 412 | + | MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 25 | |
| 413 | + | PROGRAM; AND 26 | |
| 414 | + | ||
| 415 | + | (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 27 | |
| 416 | + | ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING THE PROGRAM IS INCLUDED 28 | |
| 417 | + | IN THE PURCHASE PRIC E OF ALL ARCHITECTUR AL PAINT SOLD IN THE STATE. 29 | |
| 418 | + | ||
| 419 | + | (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 30 | |
| 420 | + | PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 31 | |
| 421 | + | ON THE DATE THE ARCH ITECTURAL P AINT WAS ORDERED FRO M THE PRODUCER OR 32 | |
| 422 | + | ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 33 | |
| 423 | + | WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 34 | |
| 424 | + | STEWARDSHIP PROGRAM. 35 10 HOUSE BILL 18 | |
| 243 | 425 | ||
| 244 | 426 | ||
| 245 | 427 | ||
| 246 | - | (i) To provide grants to the counties to be used by the counties to 1 | |
| 247 | - | develop and implement local recycling plans; 2 | |
| 428 | + | (F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 1 | |
| 429 | + | PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 2 | |
| 430 | + | IS OFFERED FOR DISPO SAL. 3 | |
| 248 | 431 | ||
| 249 | - | (ii) To provide grants to counties that have addressed methods for 3 | |
| 250 | - | the separate collection and recycling of covered electronic devices in accordance with § 4 | |
| 251 | - | 9–1703(c)(1) of this subtitle; 5 | |
| 432 | + | (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 4 | |
| 433 | + | THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 5 | |
| 434 | + | ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 6 | |
| 435 | + | IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 7 | |
| 436 | + | RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 8 | |
| 437 | + | UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 9 | |
| 252 | 438 | ||
| 253 | - | (iii) To provide grants to municipalities to be used by the 6 | |
| 254 | - | municipalities to implement local covered electronic device recycling programs; [and] 7 | |
| 439 | + | (H) (1) BEGINNING APRIL 1, 2024, AND ANNUALLY THEREAFTER , THE 10 | |
| 440 | + | PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 11 | |
| 441 | + | DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 12 | |
| 255 | 442 | ||
| 256 | - | (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 8 | |
| 257 | - | PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 9 | |
| 258 | - | REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 10 | |
| 259 | - | FOR PROGRAM COMPLIANCE OVERSIGHT; AND 11 | |
| 443 | + | (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 13 | |
| 444 | + | TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 14 | |
| 260 | 445 | ||
| 261 | - | ||
| 262 | - | ||
| 446 | + | (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 15 | |
| 447 | + | THE STATE; 16 | |
| 263 | 448 | ||
| 264 | - | (7) (i) The Treasurer shall invest the money in the Fund in the same 14 | |
| 265 | - | manner as other State money may be invested. 15 | |
| 449 | + | (III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 17 | |
| 450 | + | COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 18 | |
| 451 | + | RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 19 | |
| 452 | + | AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 20 | |
| 453 | + | STATE FOR EACH COUNTY IN THE STATE; 21 | |
| 266 | 454 | ||
| 267 | - | (ii) Any investment earnings of the Fund shall be credited to the 16 | |
| 268 | - | General Fund of the State. 17 | |
| 455 | + | (IV) THE TOTAL COST OF IMP LEMENTING AND ADMINI STERING 22 | |
| 456 | + | THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED 23 | |
| 457 | + | BY THE PAINT STEWARDSHIP ASSESSME NT; AND 24 | |
| 269 | 458 | ||
| 270 | - | 9–1731. RESERVED. 18 | |
| 459 | + | (V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 25 | |
| 460 | + | CONSUMERS OF ARCHITE CTURAL PAINT. 26 | |
| 271 | 461 | ||
| 272 | - | 9–1732. RESERVED. 19 | |
| 462 | + | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 27 | |
| 463 | + | SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 28 | |
| 464 | + | FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 29 | |
| 465 | + | FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 30 | |
| 466 | + | OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 31 | |
| 467 | + | OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 32 | |
| 273 | 468 | ||
| 274 | - | PART V. PAINT STEWARDSHIP PROGRAM. 20 | |
| 275 | - | ||
| 276 | - | 9–1733. 21 | |
| 277 | - | ||
| 278 | - | (A) (1) ON OR BEFORE JANUARY 1, 2023, PRODUCERS OF 22 | |
| 279 | - | ARCHITECTURAL PAINT SOLD AT RETAIL IN TH E STATE, OR A REPRESENTATIV E 23 | |
| 280 | - | ORGANIZATION ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 24 | |
| 281 | - | ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 25 | |
| 282 | - | APPROVAL. 26 | |
| 283 | - | ||
| 284 | - | (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 27 | |
| 285 | - | AND FINANCIAL RESPON SIBILITY FOR, THE MANAGE MENT OF POSTCONSUMER 28 | |
| 286 | - | PAINT BY: 29 | |
| 287 | - | ||
| 288 | - | (I) REDUCING ITS GENERATI ON; 30 | |
| 289 | - | HOUSE BILL 18 7 | |
| 290 | - | ||
| 291 | - | ||
| 292 | - | (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 1 | |
| 293 | - | ||
| 294 | - | (III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 2 | |
| 295 | - | TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 3 | |
| 296 | - | OF POSTCONSUMER PAINT. 4 | |
| 297 | - | ||
| 298 | - | (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 5 | |
| 299 | - | STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 6 | |
| 300 | - | ||
| 301 | - | (I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 7 | |
| 302 | - | EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 8 | |
| 303 | - | CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 9 | |
| 304 | - | ||
| 305 | - | (II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 10 | |
| 306 | - | PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 11 | |
| 307 | - | IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 12 | |
| 308 | - | ||
| 309 | - | (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 13 | |
| 310 | - | BE IMPLEMENTED IN COORD INATION WITH EXISTIN G HOUSEHOLD HAZARDOU S 14 | |
| 311 | - | WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 15 | |
| 312 | - | AGREEABLE; AND 16 | |
| 313 | - | ||
| 314 | - | (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 17 | |
| 315 | - | NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 18 | |
| 316 | - | BASED ON THE FOLLOWI NG CRITERIA: 19 | |
| 317 | - | ||
| 318 | - | 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 20 | |
| 319 | - | SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 21 | |
| 320 | - | ||
| 321 | - | 2. UNLESS OTHERWISE APPR OVED BY THE 22 | |
| 322 | - | DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED F OR 23 | |
| 323 | - | EVERY 50,000 RESIDENTS OF A GEOGR APHICAL AREA DESIGNA TED UNDER FEDERAL 24 | |
| 324 | - | LAW AS AN URBANIZED AREA. 25 | |
| 325 | - | ||
| 326 | - | (4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT 26 | |
| 327 | - | COLLECTION SITE IF : 27 | |
| 328 | - | ||
| 329 | - | (I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 28 | |
| 330 | - | PAINT COLLECTIO N SITE; 29 | |
| 331 | - | ||
| 332 | - | (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 30 | |
| 333 | - | LAWS AND REGULATIONS ; AND 31 | |
| 334 | - | 8 HOUSE BILL 18 | |
| 335 | - | ||
| 336 | - | ||
| 337 | - | (III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 1 | |
| 338 | - | MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 2 | |
| 339 | - | COLLECTION LOCATIONS . 3 | |
| 340 | - | ||
| 341 | - | (5) THE PLAN SHA LL ESTABLISH: 4 | |
| 342 | - | ||
| 343 | - | (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 5 | |
| 344 | - | ARCHITECTURAL PAINT SOLD IN THE STATE; AND 6 | |
| 345 | - | ||
| 346 | - | (II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A 7 | |
| 347 | - | PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 8 | |
| 348 | - | ORGANIZATION PAYMENT OF THE PAINT STEWARDSHIP AS SESSMENT FOR EACH 9 | |
| 349 | - | CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 10 | |
| 350 | - | ||
| 351 | - | (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 11 | |
| 352 | - | MAY NOT EXCEED THE C OSTS OF IMPLEMENTING THE PAINT STEWARDSHIP 12 | |
| 353 | - | PROGRAM. 13 | |
| 354 | - | ||
| 355 | - | (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 14 | |
| 356 | - | EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 15 | |
| 357 | - | DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING THE PAINT 16 | |
| 358 | - | STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 17 | |
| 359 | - | ||
| 360 | - | (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 18 | |
| 361 | - | FINANCIAL AUDITOR SHA LL BE FUNDED BY THE PROGRAM. 19 | |
| 362 | - | ||
| 363 | - | (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 20 | |
| 364 | - | IMPLEMENT THE PAINT STEWARDSHIP PROGRAM. 21 | |
| 365 | - | ||
| 366 | - | (B) (1) THE DEPARTMENT SHALL REVI EW: 22 | |
| 367 | - | ||
| 368 | - | (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 23 | |
| 369 | - | UNDER SUBSECTION (A) OF THIS SECTION; AND 24 | |
| 370 | - | ||
| 371 | - | (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 25 | |
| 372 | - | AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 26 | |
| 373 | - | ASSESSMENTS . 27 | |
| 374 | - | ||
| 375 | - | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 28 | |
| 376 | - | SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 29 | |
| 377 | - | DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 30 | |
| 378 | - | 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 31 | |
| 379 | - | REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 32 | |
| 380 | - | AS DETERMINED BY THE DEPARTME NT. 33 HOUSE BILL 18 9 | |
| 469 | + | (I) (1) THE DEPARTMENT SHALL REVIE W THE ANNUAL REPORT 33 | |
| 470 | + | REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 34 HOUSE BILL 18 11 | |
| 381 | 471 | ||
| 382 | 472 | ||
| 383 | 473 | ||
| 384 | - | ( | |
| 385 | - | ||
| 386 | - | ASSESSMENT | |
| 387 | - | SECTION | |
| 474 | + | (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 1 | |
| 475 | + | PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 2 | |
| 476 | + | THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 3 | |
| 477 | + | PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 4 | |
| 388 | 478 | ||
| 389 | - | (4) THE DEPARTMENT S HALL LIST ON ITS WEB SITE THE PRODUCERS 5 | |
| 390 | - | AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 6 | |
| 391 | - | STEWARDSHIP PROGRAM. 7 | |
| 479 | + | (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 5 | |
| 480 | + | IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 6 | |
| 392 | 481 | ||
| 393 | - | (C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 8 | |
| 394 | - | IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 9 | |
| 395 | - | THE PLAN’S APPROVAL BY THE DEPARTMENT . 10 | |
| 482 | + | (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 7 | |
| 483 | + | STEWARDSHIP ANNUAL REPOR T, INCLUDING THE PAINT STEWARDSHIP 8 | |
| 484 | + | ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 9 | |
| 485 | + | SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 10 | |
| 396 | 486 | ||
| 397 | - | ( | |
| 398 | - | ||
| 487 | + | (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 11 | |
| 488 | + | MAKE THE APPROVED ANNUAL REPORT AVAILA BLE TO THE PUBLIC . 12 | |
| 399 | 489 | ||
| 400 | - | (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 13 | |
| 401 | - | SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 14 | |
| 402 | - | THE PRODUCE R OF THE BRAND OR A REPRESENTATIVE ORGAN IZATION OF WHICH 15 | |
| 403 | - | THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 16 | |
| 404 | - | STEWARDSHIP PROGRAM; 17 | |
| 490 | + | (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 13 | |
| 491 | + | DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 14 | |
| 492 | + | KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 15 | |
| 493 | + | INSPECTION. 16 | |
| 405 | 494 | ||
| 406 | - | (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 18 | |
| 407 | - | ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 19 | |
| 408 | - | TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 20 | |
| 409 | - | DISTRIBUTED IN THE STATE; AND 21 | |
| 495 | + | (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 17 | |
| 496 | + | NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 18 | |
| 497 | + | RETAILER, OR REPRESENTATIVE OR GANIZATION. 19 | |
| 410 | 498 | ||
| 411 | - | (III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 22 | |
| 412 | - | STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 23 | |
| 413 | - | PAINT SOLD IN THE STATE. 24 | |
| 414 | - | ||
| 415 | - | (D) A PRODUCER OR REPRESENTATIVE OR GANIZATION PARTICIPA TING IN 25 | |
| 416 | - | AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 26 | |
| 417 | - | EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 27 | |
| 418 | - | ||
| 419 | - | (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 28 | |
| 420 | - | MANAGEMENT OPTIONS F OR ARCHITECTURAL PAINT OFFERED THROUGH THE 29 | |
| 421 | - | PROGRAM; AND 30 | |
| 422 | - | ||
| 423 | - | (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 31 | |
| 424 | - | ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING THE PROGRAM IS INCLUDED 32 | |
| 425 | - | IN THE PURCHASE PRIC E OF ALL ARCHITECTUR AL PAINT SOLD IN THE STATE. 33 | |
| 426 | - | 10 HOUSE BILL 18 | |
| 427 | - | ||
| 428 | - | ||
| 429 | - | (E) FOLLOWING THE IMPLEMENTATION OF THE PAINT STEWARDSHIP 1 | |
| 430 | - | PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 2 | |
| 431 | - | ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 3 | |
| 432 | - | ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 4 | |
| 433 | - | WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 5 | |
| 434 | - | STEWARDSHIP PROGRAM. 6 | |
| 435 | - | ||
| 436 | - | (F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 7 | |
| 437 | - | PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 8 | |
| 438 | - | IS OFFERED FOR DISPO SAL. 9 | |
| 439 | - | ||
| 440 | - | (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 10 | |
| 441 | - | THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 11 | |
| 442 | - | ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 12 | |
| 443 | - | IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 13 | |
| 444 | - | RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 14 | |
| 445 | - | UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 15 | |
| 446 | - | ||
| 447 | - | (H) (1) BEGINNING APRIL 1, 2024, AND ANNUALLY THEREAF TER, THE 16 | |
| 448 | - | PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 17 | |
| 449 | - | DEPARTMENT THAT DETAILS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 18 | |
| 450 | - | ||
| 451 | - | (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 19 | |
| 452 | - | TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 20 | |
| 453 | - | ||
| 454 | - | (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 21 | |
| 455 | - | THE STATE; 22 | |
| 456 | - | ||
| 457 | - | (III) THE VOLUME AND TYPE OF POSTCONSUMER PAIN T 23 | |
| 458 | - | COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 24 | |
| 459 | - | RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 25 | |
| 460 | - | AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 26 | |
| 461 | - | STATE FOR EACH COUNTY IN THE STATE; 27 | |
| 462 | - | ||
| 463 | - | (IV) THE TOTAL COST OF IMP LEMENTING AND ADMINI STERING 28 | |
| 464 | - | THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED 29 | |
| 465 | - | BY THE PAINT STEWARD SHIP ASSESSMENT ; AND 30 | |
| 466 | - | ||
| 467 | - | (V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 31 | |
| 468 | - | CONSUMERS OF ARCHITE CTURAL PAINT. 32 | |
| 469 | - | ||
| 470 | - | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 33 | |
| 471 | - | SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 34 | |
| 472 | - | FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 35 HOUSE BILL 18 11 | |
| 473 | - | ||
| 474 | - | ||
| 475 | - | FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT’S COST 1 | |
| 476 | - | OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 2 | |
| 477 | - | OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 3 | |
| 478 | - | ||
| 479 | - | (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 4 | |
| 480 | - | REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 5 | |
| 481 | - | ||
| 482 | - | (I) EVALUATE THE TOTAL COSTS OF THE PAINT STEWARDSHIP 6 | |
| 483 | - | PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 7 | |
| 484 | - | THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 8 | |
| 485 | - | PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 9 | |
| 486 | - | ||
| 487 | - | (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEMENTED 10 | |
| 488 | - | IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 11 | |
| 489 | - | ||
| 490 | - | (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 12 | |
| 491 | - | STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 13 | |
| 492 | - | ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 14 | |
| 493 | - | SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 15 | |
| 494 | - | ||
| 495 | - | (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 16 | |
| 496 | - | MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 17 | |
| 497 | - | ||
| 498 | - | (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 18 | |
| 499 | - | DEPARTMENT BY A PRODUCER OR THE REPRESENTATIVE ORGAN IZATION SHALL BE 19 | |
| 500 | - | KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 20 | |
| 501 | - | INSPECTION. 21 | |
| 502 | - | ||
| 503 | - | (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 22 | |
| 504 | - | NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 23 | |
| 505 | - | RETAILER, OR REPRESENTATIVE OR GANIZATION. 24 | |
| 506 | - | ||
| 507 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25 | |
| 508 | - | 1, 2022. 26 | |
| 509 | - | ||
| 510 | - | ||
| 499 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
| 500 | + | 1, 2022. 21 | |
| 511 | 501 |