EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0307*
HOUSE BILL 307
M3 2lr1254
CF 2lr1436
By: Delegate Lierman
Introduced and read first time: January 19, 2022
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Environment – Packaging Materials – Producer Responsibility 2
FOR the purpose of requiring certain producers of packaging materials to individually or 3
as part of a producer responsibility organization submit a certain packaging 4
materials producer responsibility plan to the Department of the Environment for 5
review and approval on or before a certain date and in accordance with certain 6
requirements; prohibiting, on or after a certain date, a producer of certain packaging 7
materials from selling, offering for sale, distributing, or importing certain packaging 8
materials unless the producer, individually or as part of a producer responsibility 9
organization, has an approved producer responsibility plan on file with the 10
Department; requiring a producer responsibility organization to implement a 11
producer responsibility plan within a certain amount of time after the Department 12
approves the producer responsibility plan; establishing a producer responsibility 13
plan advisory council; authorizing a local government to request reimbursement 14
from a certain producer that has an approved producer responsibility plan on file 15
with the Department for certain costs in a certain manner; requiring the Office of 16
Recycling in the Department to conduct certain statewide recycling needs 17
assessments in a certain manner and to submit certain reports on the results of the 18
assessments to the Governor and General Assembly on or before certain dates; and 19
generally relating to producer responsibility for packaging materials. 20
BY repealing and reenacting, with amendments, 21
Article – Environment 22
Section 9–1702 and 9–1707(f) 23
Annotated Code of Maryland 24
(2014 Replacement Volume and 2021 Supplement) 25
BY adding to 26
Article – Environment 27
Section 9–1702.2; and 9–2401 through 9–2410 to be under the new subtitle “Subtitle 28
24. Producer Responsibility for Packaging Materials” 29 2 HOUSE BILL 307
Annotated Code of Maryland 1
(2014 Replacement Volume and 2021 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Environment 5
9–1702. 6
(a) There is an Office of Recycling created within the Department. 7
(b) The Secretary shall appoint a Director and sufficient staff to perform the 8
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 9
budget. 10
(c) The Secretary may adopt regulations to carry out the provisions of this 11
subtitle. 12
(d) The Office shall: 13
(1) Assist the counties in developing an acceptable recycling plan required 14
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 15
the local governments; 16
(2) Coordinate the efforts of the State to facilitate the implementation of 17
the recycling goals at the county level; 18
(3) Review all recycling plans submitted as part of a county plan as 19
required under § 9–505 of this title and advise the Secretary on the adequacy of the 20
recycling plan; 21
(4) Administer the Statewide Electronics Recycling Program under Part IV 22
of this subtitle; [and] 23
(5) Promote the development of markets for recycled materials and 24
recycled products in the State in accordance with § 9–1702.1 of this subtitle; 25
(6) CONDUCT A STATEWIDE R ECYCLING NEEDS ASSES SMENT EVERY 26
10 YEARS IN ACCORDANCE WITH § 9–1702.2 OF THIS SUBTITLE; AND 27
(7) REVIEW AND APPROVE , IN CONSULTATION WITH THE PRODUCER 28
RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 9–2405 OF THIS 29
TITLE, PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN 30
ACCORDANCE WITH SUBTITLE 24 OF THIS TITLE. 31
HOUSE BILL 307 3
(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 1
coordination with the Maryland Environmental Service, study and report to the Governor 2
and, subject to § 2–1257 of the State Government Article, the General Assembly on: 3
(1) The identification and location of recycling centers, including an 4
analysis of existing recycling centers and the need to expand these facilities or construct 5
new recycling centers; 6
(2) Programs necessary to educate the public on the need to participate in 7
recycling efforts; 8
(3) The economics and financing of existing and proposed systems of waste 9
disposal and recycling; 10
(4) State procurement policies for the purchase of recycled materials; 11
(5) Programs necessary to reduce the amount of solid waste generated for 12
disposal by a State agency or unit; 13
(6) The liaison role with local governments, the federal government, and 14
the private sector; 15
(7) The percentage reduction in the amount of solid waste that has been 16
achieved by each county; and 17
(8) Economically feasible methods for the recycling of scrap automobile 18
tires, batteries, and white goods. 19
(f) (1) By December 1, 1988, the Office shall, in coordination with the 20
Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 21
recommendations to the General Assembly for the financing of a comprehensive system of 22
recycling at the State and local level, including funding for recycling centers, recycling 23
equipment, recycling education, and marketing strategies. 24
(2) After the financing recommendations are made under paragraph (1) of 25
this subsection, each county may submit to the Office and the Governor a detailed request 26
for funds necessary to assist in the development and implementation of a recycling plan 27
under guidelines developed by the Office. 28
(g) In studying feasible methods for the management and recycling of used tires 29
under subsection (e)(9) of this section, the Office of Recycling shall consult with the 30
appropriate industry, including representatives of: 31
(1) Tire manufacturers; 32
(2) Tire dealers; and 33
4 HOUSE BILL 307
(3) Tire recyclers. 1
9–1702.2. 2
(A) IN THIS SECTION, “PRODUCER RESPONSIBIL ITY ORGANIZATION ” HAS 3
THE MEANING STATED I N § 9–2401 OF THIS TITLE. 4
(B) IN ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION AND TO CARRY 5
OUT THE REQUIREMENTS OF § 9–1702(D)(6) OF THIS SUBTITLE, THE OFFICE SHALL 6
CONDUCT A STATEWIDE RECYCLING NEEDS ASSE SSMENT ONCE EVERY 10 YEARS 7
THAT INCLUDES : 8
(1) AN EVALUATION OF THE CURRENT CAPACITY REL ATED TO, NEED 9
FOR, AND ASSOCIATED COSTS OF: 10
(I) FUNDING RELATED TO RE CYCLING ACCESS AND 11
AVAILABILITY; 12
(II) COLLECTING AND HAULIN G RECYCLABLE OR 13
COMPOSTABLE MATERIALS IN THE STATE; 14
(III) PROCESSING RECYCLABLE OR COMPOSTABLE MATER IALS 15
IN THE STATE; 16
(IV) TAKING ADVANTAGE OF F AVORABLE MARKET COND ITIONS 17
OR OTHER OPPORTUNITI ES FOR INCREASING RE CYCLING OR COMPOSTIN G IN THE 18
STATE; 19
(V) CONSUMER EDUCATION RE GARDING RECYCLING , 20
COMPOSTING , AND CONTAMINATION RE DUCTION; 21
(VI) REUSE INFRASTRUCTURE ; AND 22
(VII) COMPOSTING INFRASTRUC TURE; 23
(2) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING 24
FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS; 25
(3) THE AVAILABILITY OF O PPORTUNITIES IN THE RECYCLING 26
SYSTEM FOR WOMEN AND MINORITY INDIVIDUALS ; 27
(4) THE SUFFICIENCY OF LOC AL GOVERNMENT REQUIR EMENTS 28
RELATED TO MULTIFAMI LY RECYCLING SERVICE S AND THEIR IMPLEMEN TATION; 29
HOUSE BILL 307 5
(5) THE SUFFICIENCY OF RE CYCLING EDUCATION PR OGRAMS 1
RELATIVE TO DESIRED EQUITY OUTCOMES ; 2
(6) THE AVAILABILITY OF O PPORTUNITIES IN THE RECYCLING 3
SYSTEM FOR BUSINESSE S IN THE STATE; AND 4
(7) RECOMMENDATIONS FOR I MPROVING EQUITY AND EQUITABLE 5
OUTCOMES FOR UNDERSE RVED POPULATIONS IN THE STATE’S RECYCLING SYSTEM , 6
INCLUDING RECOMMENDA TIONS FOR NEW RESPON SIBILITIES OF PRODUC ER 7
RESPONSIBILITY ORGANIZATIONS AND RE COMMENDATIONS FOR FU NDING THE NEW 8
RESPONSIBILITIES . 9
(C) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 EVERY 10 10
YEARS THEREAFTER , THE OFFICE SHALL REPORT O N THE RESULTS OF THE MOST 11
RECENT ASSESSMENT CONDUCTED UNDER THIS SECTION T O THE GOVERNOR AND , 12
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 13
GENERAL ASSEMBLY. 14
(D) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER THIS SECTION , 15
THE OFFICE SHALL CONSULT WITH PRODUCER RESPONSIBIL ITY ORGANIZATIONS , 16
THE PRODUCER RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 17
9–2405 OF THIS TITLE , APPROPRIATE LOCAL GO VERNMENT AL ENTITIES, AND 18
REGIONAL SOLID WASTE ORGANIZATIONS IN THE STATE. 19
(E) THE OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY 20
PRODUCER RESPONSI BILITY ORGANIZATIONS TO COVER THE COSTS A SSOCIATED 21
WITH CONDUCTING THE ASSESSMENT S REQUIRED UNDER THIS SECTION. 22
9–1707. 23
(f) (1) There is a State Recycling Trust Fund. 24
(2) The Fund shall consist of: 25
(i) The newsprint recycling incentive fee; 26
(ii) The telephone directory recycling incentive fee collected under § 27
9–1709 of this subtitle; 28
(iii) The covered electronic device manufacturer registration fee 29
collected under § 9–1728 of this subtitle; 30
(IV) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY 31
ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 24 OF THIS 32 6 HOUSE BILL 307
TITLE; 1
[(iv)] (V) All fines and penalties collected under this subtitle; 2
[(v)] (VI) Money appropriated in the State budget to the Fund; and 3
[(vi)] (VII) Any other money from any other source accepted for the 4
benefit of the Fund. 5
(3) The Secretary shall administer the Fund. 6
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 7
account for the Fund. 8
(5) At the end of each fiscal year, any unspent or unencumbered balance in 9
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 10
accordance with § 7–302 of the State Finance and Procurement Article. 11
(6) In accordance with the State budget, the Fund shall be used only: 12
(i) To provide grants to the counties to be used by the counties to 13
develop and implement local recycling plans; 14
(ii) To provide grants to counties that have addressed methods for 15
the separate collection and recycling of covered electronic devices in accordance with § 16
9–1703(c)(1) of this subtitle; 17
(iii) To provide grants to municipalities to be used by the 18
municipalities to implement local covered electronic device recycling programs; [and] 19
(IV) TO COVER THE COSTS OF THE STATEWIDE RECYCLING 20
NEEDS ASSESSMENT CON DUCTED UNDER § 9–1702.2 OF THIS SUBTITLE ; 21
(V) TO COVER THE COSTS OF PRODUCER RESPONSIBIL ITY PLAN 22
REVIEW, OVERSIGHT, AND ENFORCEMENT UNDER SUBTITLE 24 OF THIS TITLE; AND 23
[(iv)] (VI) To carry out the purposes of the land management 24
administration. 25
(7) (i) The Treasurer shall invest the money in the Fund in the same 26
manner as other State money may be invested. 27
(ii) Any investment earnings of the Fund shall be credited to the 28
General Fund of the State. 29
SUBTITLE 24. PRODUCER RESPONSIBILITY FOR PACKAGING MATERIALS. 30 HOUSE BILL 307 7
9–2401. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “ADVISORY COUNCIL” MEANS THE PRODUCER R ESPONSIBILITY PLAN 4
ADVISORY COUNCIL EST ABLISHED UNDER § 9–2405 OF THIS SUBTITLE. 5
(C) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE 6
CONTAINER: 7
(1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL, 8
CARTON, POUCH, OR ASEPTIC PACKAGING, SUCH AS A DRINK BOX , OR OF 9
MULTIMATERIALS ; AND 10
(2) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS. 11
(D) (1) “PACKAGING MATERIALS” MEANS, REGARDLESS OF 12
RECYCLABILITY , ANY PART OF A PACKAGE OR CONTAINER , INCLUDING MATERIAL 13
THAT IS USED FOR THE CONTAINMENT , PROTECTION , HANDLING, DELIVERY, AND 14
PRESENTATION OF A PR ODUCT THAT IS SOLD , OFFERED FOR SALE , IMPORTED, OR 15
DISTRIBUTED IN THE STATE. 16
(2) “PACKAGING MATERIALS” INCLUDES: 17
(I) PRIMARY, SECONDARY , AND TERTIARY PACKAGI NG 18
INTENDED FOR THE CO NSUMER MARKET ; 19
(II) SERVICE PACKAGING DES IGNED AND INTENDED T O BE 20
FILLED AT THE POINT OF SALE, INCLUDING: 21
1. CARRY–OUT BAGS; 22
2. BULK GOODS BAGS ; 23
3. TAKE–OUT AND HOME DELIVER Y FOOD SERVICE 24
PACKAGING; AND 25
4. PRESCRIPTION AND PHARMACEUTICAL PACKA GING; 26
AND 27
(III) BEVERAGE CONTAINERS . 28 8 HOUSE BILL 307
(E) (1) “PRODUCER” MEANS A PERSON THAT MEETS ONE OF THE 1
FOLLOWING CLASSIFICA TIONS, IN DESCENDING ORDER OF RESPONSIBILITY : 2
(I) A PERSON THAT USES PACKAGING MATERIALS FOR THE 3
SALE OR DISTRIBUTION OF A PR ODUCT UNDER THE PERSON ’S OWN NAME OR BRAND ; 4
(II) A PERSON THAT I S A LICENSEE OF A TR ADEMARK UNDER 5
WHICH A PACKAGING MATERIAL IS SOLD , OFFERED FOR SALE , DISTRIBUTED, OR 6
OTHERWISE USED IN A COMMERCIAL ENTERPRIS E IN THE STATE, REGARDL ESS OF 7
WHETHER THE TRADEMAR K IS REGISTERED; OR 8
(III) A PERSON THAT I MPORTS A PRODUCT THA T INCLUDES A 9
PACKAGING MATERIAL AND THAT IS SOLD, OFFERED FOR SALE , DISTRIBUTED, OR 10
OTHERWISE USED IN A COMMERCIAL ENTERPRIS E IN THE STATE. 11
(2) “PRODUCER” DOES NOT INCLUDE: 12
(I) A LOCAL GOVERNMENT ; OR 13
(II) A NONPROFIT CHARIT ABLE ORGANIZATION . 14
(F) (1) “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS: 15
(I) A PRODUCER THAT INDIVI DUALLY SUBMITS A PRO DUCER 16
RESPONSIBILITY PLAN TO THE DEPARTMENT UNDER § 9–2404 OF THIS SUBTITLE; 17
OR 18
(II) A NONPROFIT ORGANIZATI ON THAT IS: 19
1. EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE 20
INTERNAL REVENUE CODE; AND 21
2. CREATED BY A GROUP OF PRODUCERS TO 22
IMPLEMENT A PRODUCER RESPONSIBIL ITY PLAN. 23
(2) “PRODUCER RESPONSIBILITY ORGAN IZATION” INCLUDES A 24
REPRESENTATIVE ORGAN IZATION CREATED BY A GROUP OF PRODUCER 25
RESPONSIBILITY ORGAN IZATIONS IN ACCORDANCE WITH § 9–2404(A)(1)(II)2 OF 26
THIS SUBTITLE. 27
(G) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING MATERIALS 28
PRODUCER RESPONSIBIL ITY PLAN SUBMITTED TO THE DEPARTMENT BY A 29 HOUSE BILL 307 9
PRODUCER OR PRODUCER RESPONSIBIL ITY ORGANIZATION IN ACCO RDANCE WITH 1
§ 9–2404 OF THIS SUBTITLE. 2
9–2402. 3
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SU BTITLE PROVIDE 4
A FRAMEWORK FOR : 5
(1) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS 6
IN THE STATE, INCLUDING BY FACILIT ATING: 7
(I) THE IMPROVEMENT OF REUSE , COMPOSTING , AND 8
RECYCLING; 9
(II) THE IMPROVEMENT OF RE CYCLING MARKETS ; 10
(III) THE REDUCTION OF WAST E; AND 11
(IV) AN INCREASE IN RECYCL ING RATES; AND 12
(2) REIMBURSING LOCAL GOV ERNMENTS FOR COSTS A SSOCIATED 13
WITH TRANSPORTING , COLLECTING, AND PROCESSING PACKA GING MATERIALS. 14
9–2403. 15
(A) THIS SUBTITLE DOES NO T APPLY TO A PRODUCER THAT : 16
(1) (I) GENERATED LESS THAN $1,000,000 IN GROSS REVENUE 17
DURING THE IMMEDIATE LY PRECEDING CALENDA R YEAR; 18
(II) SOLD, OFFERED FOR SALE , OR DISTRIBUTED FOR S ALE IN 19
THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1 20
TON OF PACKAGING MATERIALS; OR 21
(III) CONDUCTED ALL OF THE PACKAGING MATERIALS SALES IN 22
THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR AT A SIN GLE 23
POINT OF RETAIL SALE THAT WAS NOT SUPPLIE D OR OPERATED AS PAR T OF A 24
FRANCHISE; AND 25
(2) ON REQUEST BY THE DEPARTMENT , PROVIDES TO THE 26
DEPARTMENT SUFFICIENT INFORMATION TO DEMON STRATE THAT THE PROD UCER 27
MEETS THE CONDITIONS OF THIS SECTION. 28
10 HOUSE BILL 307
(B) THIS SUBTITLE DOES NO T AFFECT THE AUTHORITY OF THE STATE OR A 1
LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAG ING 2
MATERIAL. 3
(C) THIS SUBTITLE DOES NOT PROHIBIT A PRODUCER R ESPONSIBILITY 4
ORGANIZATION FROM ES TABLISHING A DEPOSIT –RETURN SYSTEM AS ONE 5
STRATEGY FOR INCREAS ING THE CAPTURE AND RECYCLING OF BEVERAG E 6
CONTAINERS OR OTHER PACKAGING MATERIALS . 7
9–2404. 8
(A) (1) (I) ON OR BEFORE APRIL 1, 2024, EACH PRODUCER SHALL , 9
INDIVIDUALLY OR AS P ART OF A PRODUCER RESPONSIBIL ITY ORGANIZATION , 10
SUBMIT A PRODUCER RESPONSIBIL ITY PLAN TO THE DEPARTMENT FOR REVIEW 11
AND APPROVAL . 12
(II) IF MORE THAN ONE PRODUCER RESPONSIBIL ITY 13
ORGANIZATION SUBMITS A PRODUCER RESPONSIBIL ITY PLAN TO THE 14
DEPARTMENT : 15
1. THE PRODUCER RESPONSIBIL ITY ORGANIZATIONS 16
SHALL COORDINATE WITH THE DEPARTMENT AND LOCAL GOVERNMENTS TO 17
ENSURE THAT: 18
A. RECYCLING SERVICES FO R RESIDENTS IN THE STATE 19
ARE PROVIDED IN A SEAMLESS MANNER ; AND 20
B. PUBLIC OUTREACH , EDUCATION, AND 21
COMMUNICATION ARE PROVIDED IN A CO NSISTENT MANNER ; AND 22
2. THE PRODUCER RESPONSIBILITY ORGANIZATION S 23
MAY CREATE A REPRESENTATIVE ORGAN IZATION TO REPRESENT ALL 24
PARTICIPATING PRODUC ER RESPONSIBILITY ORGAN IZATIONS TO IMPLEMENT THE 25
REQUIREMENTS OF THIS SUBTITLE. 26
(III) BEFORE SUBMITTING THE PLAN REQUIRED UNDER THIS 27
SUBSECTION TO THE DEPARTMENT , A PRODUCER OR PRODUC ER RESPONSIBILITY 28
ORGANIZATION SHALL CONSULT WITH THE ADV ISORY COUNCIL ESTABLISHED 29
UNDER § 9–2405 OF THIS SUBTITLE. 30
(2) ON OR AFTER OCTOBER 1, 2024, A PRODUCER MAY NOT S ELL, 31
OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION PACKAGING 32
MATERIALS FOR USE IN THE STATE UNLESS THE PROD UCER, INDIVIDUALLY OR AS 33 HOUSE BILL 307 11
PART OF A PRODUCER RESPONSIBIL ITY ORGANIZATION , HAS AN APPROVED 1
PRODUCER RESPONSIBIL ITY PLAN ON FILE WITH TH E DEPARTMENT . 2
(B) A PRODUCER RESPONSIBIL ITY PLAN SHALL: 3
(1) IDENTIFY THE PRODUCERS COVERE D BY THE PLAN , INCLUDING 4
THE CONTACT INFORMATION F OR EACH PARTICIPATING PRODUC ER AND THE 5
PRODUCER RESPONSIBIL ITY ORGANIZATION ; 6
(2) IDENTIFY EACH BRAND OF PACKAGING MATERIALS COVERED BY 7
THE PLAN; 8
(3) REQUIRE, IN ACCORDANCE WITH S UBSECTION (C) OF THIS 9
SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 10
VERSION OF THE PLAN IS APPROVED AND ESTABLISH THE FOLLOWING 11
PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING MATERIAL TYPE : 12
(I) POSTCONSUMER RECYCLED CONTENT GOALS ; 13
(II) RECYCLABILITY AND REC YCLING RATE GOALS ; 14
(III) REUSE GOALS; 15
(IV) PACKAGING REDUCTION G OALS; 16
(V) COMPOST ACCESS OR COM POST RATE GOALS , IF 17
APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ; 18
(VI) CONTAMINATION REDUCTI ON RATE GOALS ; 19
(VII) GREENHOUSE GAS REDUCT ION GOALS; AND 20
(VIII) ANY OTHER GOAL THAT D EMONSTRATES POSITIVE 21
ENVIRONMENTAL IMPROV EMENT AND IS JUSTIFI ED IN THE PLAN; 22
(4) REQUIRE EACH PARTICIPATING PRODUCER TO REDUCE ALL 23
PACKAGING MATERIAL WASTE TO THE MAXIMUM EXTEN T PRACTICABLE , AND BY 24
NOT LESS THAN 25% FOR EACH PACKAGING M ATERIAL TYPE, WITHIN 5 YEARS AFTER 25
THE DATE ON WHICH TH E FIRST VERSION OF T HE PLAN IS APPROVED ; 26
(5) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (D) OF THIS 27
SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE PLAN ; 28
12 HOUSE BILL 307
(6) DESCRIBE HOW THE PERFORMANCE GOAL S ESTABLISHED UNDER 1
ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED; 2
(7) DESCRIBE HOW STAKEHOLDER COMMENTS WERE CONSIDERED IN 3
THE DEVELOPMENT OF T HE PLAN; 4
(8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E 5
IMPLEMENTA TION OF THE PLAN WIL L BE HANDLED; 6
(9) DESCRIBE THE STRATEGY FOR REDUCIN G PACKAGING 7
MATERIALS IN THE STATE, INCLUDING HOW PRODUCERS PARTIC IPATING IN A PLAN 8
WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUCT DESIG N AND 9
PROGRAM INNOVATIONS ; 10
(10) DESCRIBE THE ACTIONS TA KEN OR THAT WILL BE TAKEN FOR 11
PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT 12
THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL: 13
(I) PROMOTE THE RESPONSIBLE END–OF–LIFE MANAGEMENT 14
OF PACKAGING MATERIALS; 15
(II) PROVIDE INFORMATION O N HOW TO PREVENT LIT TER OF 16
PACKAGING MATERIALS; 17
(III) PROVIDE RECYCLING AND COMPOSTING INSTRUCTI ONS 18
THAT ARE, TO THE EXTENT PRACTI CABLE: 19
1. CONSISTENT STATEWIDE , TAKING INTO ACCOUNT 20
DIFFERENCES AMONG LO CAL LAWS AND PROC ESSING CAPABILITIES ; 21
2. EASY TO UNDERSTAND ; AND 22
3. EASILY ACCESSIBLE ; AND 23
(IV) PROVIDE FOR OUTREACH AND EDUCATION THAT A RE: 24
1. DESIGNED TO ACHIEVE PACKAGING MATERIALS 25
MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF 26
CONTAMINATION OF PACKAGING MATERIALS; 27
2. COORDINATED ACROSS PR OGRAMS TO AVOID 28
CONFUSION FOR CONSUM ERS; AND 29
HOUSE BILL 307 13
3. DEVELOPED IN CONSULTA TION WITH LOCAL 1
GOVERNMENTS AND OTHE R STAKEHOLDERS ; 2
(11) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) OF THIS 3
SECTION, THE AMOUNT OF FUNDING THAT WILL BE USED FOR IMPROVING REUSE, 4
COMPOSTING , AND RECYCLING IN THE STATE; 5
(12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY 6
REQUEST REIMBURSEMENT FOR CO STS ASSOCIATED WITH TRANSPORTING , 7
COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDENTIFIED IN 8
THE PLAN, INCLUDING: 9
(I) THE PROCESS BY WHICH THE REQUEST WILL BE REVIEWED; 10
(II) THE PROCESS FOR APPRO VING OR DENYING A RE QUEST 11
FOR REIMBURSEMENT ; AND 12
(III) THE SCHEDULE FOR PROV IDING REIMBURSEMENT THAT 13
INCLUDES REIMBURSEME NT ON AT LEAST A QUA RTERLY BASIS; AND 14
(13) INCLUDE ANY OTHER INF ORMATION THAT IS REQ UIRED BY THE 15
DEPARTMENT . 16
(C) BASED ON THE RESULTS OF THE STATEWIDE RECYCL ING NEEDS 17
ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN 18
COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION , SHALL 19
ESTABLISH PERFORMANCE GOALS FO R EACH PACKAGING MAT ERIAL TYPE USING A 20
BASELINE YEAR THAT IS INFORMED BY THE STATEWIDE RECYCL ING NEEDS 21
ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GOALS FOR EACH 22
PACKAGING MATERIAL T YPE, AT 5–, 10–, AND 15–YEAR INTERVALS . 23
(D) (1) THE FINANCING METHOD THAT WILL BE USED BY A PRODUCER 24
RESPONSIBILITY ORGANIZATION TO IMPL EMENT A PRODUCER RESPONSIBIL ITY 25
PLAN SHALL: 26
(I) PROVIDE THE METHOD FO R EITHER DIRECT INVE STMENTS 27
OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , 28
COMPOSTING, AND RECYCLING IN ACCORDANCE WITH SUBSECTION (B)(11) OF THIS 29
SECTION; 30
(II) PROVIDE A REASONABLE ANNUAL RATE PER TON OF 31
RECYCLED OR COMPOSTED PACKAGING MATERIALS FOR REIMBURSING LOCAL 32
GOVERNMENTS FOR COST S ASSOCIATED WITH : 33 14 HOUSE BILL 307
1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING 1
MATERIALS THAT ARE IDENTIFIED IN THE PLAN; 2
2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE 3
PACKAGING MATERIALS TO A RECYCLING OR COMPOSTING FACILITY; 4
3. PROCESSING PACKAGING MATERIALS, INCLUDING BY 5
REMOVING CONTAMINATI ON; AND 6
4. RECYCLING PACKAGING MATERIALS THAT ARE 7
DIVERTED TO BE RECYC LED OR COMPOSTED IN THE STATE; 8
(III) ESTABLISH A FEE STRUC TURE FOR PARTICIPATI NG 9
PRODUCERS THAT IS SE T IN A MANNER TO COV ER COSTS ASSOCIATED WITH: 10
1. IMPLEMENTING THE PLAN , INCLUDING THE 11
ADMINISTRATIVE COSTS OF A PRODUCER RESPO NSIBILITY ORGANIZATION ; 12
2. REIMBURSING LOCAL GOV ERNMENTS FOR COSTS I N 13
ACCORDANCE WITH ITEM (II) OF THIS PARAGRAPH ; 14
3. THE ADMINISTRATION , REVIEW, OVERSIGHT, AND 15
ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ; 16
4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 17
REDUCING PACKAGING MA TERIALS IN ACCORDANCE WITH S UBSECTION (B)(9) OF 18
THIS SECTION; AND 19
5. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 20
IMPROVING REUSE, COMPOSTING , AND RECYCLING IN THE STATE IN ACCORDANCE 21
WITH SUBSECTION (B)(11) OF THIS SECTION; 22
(IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE 23
PARTICIPATING PRODUC ERS TO ENGAGE IN WAS TE REDUCTION AND REC YCLING 24
ACTIVITIES; AND 25
2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE 26
DESIGNS OR PRACTICES THAT INCREASE THE CO ST OF MANAGING PACKAGING 27
MATERIALS; 28
(V) BE EVALUATED BY AN INDEP ENDENT FINANCIAL AUD ITOR, 29
AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING 30 HOUSE BILL 307 15
THE PLAN ARE COVERED ; AND 1
(VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE 2
DEPARTMENT BY REGULAT ION. 3
(2) THE REIMBURSEMENT RATE E STABLISHED UNDER PARAGRAPH 4
(1)(II) OF THIS SUBSECTION SHALL BE BASED ON: 5
(I) THE POPULATION SIZE OF A LOCAL JURISDICT ION; 6
(II) THE DISTANCE TO THE NEARE ST RECYCLING OR 7
COMPOSTING FACILITY ; 8
(III) THE COMMODITY VALUE O F RECYCLED PACKAGING 9
MATERIALS; AND 10
(IV) ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS 11
DETERMINED BY THE DEPARTMENT . 12
(3) THE FEE STRUCTURE EST ABLISHED UNDER PARAG RAPH (1)(III) 13
OF THIS SUBSECTION SHALL BE VARIABLE BASED ON : 14
(I) COSTS ASSOCIATED WITH TRANSPORTING , COLLECTING, 15
AND PROCESSING PACKAGING MATERIALS; 16
(II) AN ECO–MODULATION OF FEES , INCLUDING ESTABLISHI NG: 17
1. A HIGHER FEE FOR PACKA GING MATERIALS WITH 18
LOW RECYCLABILITY OR RECYCLED CONTENT ; AND 19
2. A DISCOUNTED FEE FOR PACKAGIN G MATERIALS 20
WITH HIGH RECYCLABIL ITY OR RECYCLED CONT ENT; AND 21
(III) ANY OTHER FACTOR , AS DETERMINED BY THE 22
DEPARTMENT . 23
(E) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE, 24
COMPOSTING , AND RECYCLING SHALL INCLUDE INVEST MENT IN M ARKET 25
DEVELOPMENT AND EXIS TING AND FUTURE REUS E, COMPOSTING , AND RECYCLING 26
INFRASTRUCTURE , GIVING PRIORITY TO I NVESTMENT IN EXISTIN G 27
INFRASTRUCTURE , INCLUDING: 28
(1) INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE THE 29 16 HOUSE BILL 307
SORTING OF PACKAGING MATERIALS AT EXISTI NG SORTING AND PROCE SSING 1
FACILITIES; 2
(2) MITIGATING THE IMPACT S OF PACKAGING MATER IALS ON OTHER 3
COMMODITIES AT EXIST ING SORTING AND PROC ESSING FACILITIES; AND 4
(3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT, 5
AND FACILITIES, BASED ON THE RESU LTS OF THE STATEWIDE RECYCLING NEEDS 6
ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE. 7
(F) THE DEPARTMENT SHALL REVI EW: 8
(1) THE PRODUCER RESPONSIBIL ITY PLAN REQUIRED UNDER 9
SUBSECTION (A) OF THIS SECTION; AND 10
(2) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL AUDITOR 11
DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF 12
THE PRODUCER RESPONSIBIL ITY PLAN UNDER SUBSECTIO N (D)(1)(V) OF THIS 13
SECTION. 14
(G) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED PRODUCER 15
RESPONSIBILITY PLAN, THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 16
CONDITIONS, OR REJECT THE PLAN. 17
(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 18
SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER : 19
(I) THE PRODUCER RESPONSIBIL ITY PLAN COMPLIES WITH 20
THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 21
METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND 22
(II) THE PRODUCER RESPONSIBILITY ORGANIZATION ENGAGED 23
SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN 24
DEVELOPING THE PLAN. 25
(H) WITHIN 6 MONTHS AFTER THE DAT E A PRODUCER RESPONSIBIL ITY 26
PLAN IS APPROVED UND ER THIS SECTION , A PRODUCER RESPONSIBILITY 27
ORGANIZATION SHALL I MPLEMENT THE PLAN . 28
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 29
AND SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER 30
RESPONSIBILITY PLAN SHALL EXPIRE AF TER 5 YEARS. 31
HOUSE BILL 307 17
(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINUE AF TER 5 1
YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE 2
DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 3
(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PRODUCER 4
RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE . 5
(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PRODUCER 6
RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 7
PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONSIBIL ITY ORGANIZATION 8
MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN 9
ACCORDANCE WITH THIS SU BTITLE. 10
(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2407 11
OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION 12
(B)(3) OF THIS SECTION HAVE NOT BEEN ACHIEV ED, THE DEPARTMENT MAY 13
REQUIRE THAT A PRODU CER RESPONSIBILITY ORGAN IZATION AMEND THE 14
PRODUCER RESPONSIBIL ITY PLAN. 15
9–2405. 16
(A) THERE IS A PRODUCER RESPONSIBILITY PLAN ADVISORY COUNCIL. 17
(B) THE PURPOSE OF THE ADVISORY COUNCIL IS TO PROVID E ADVICE TO 18
THE DEPARTMENT AND PRODUC ER RESPONSIBILITY OR GANIZATIONS FOR 19
DRAFTING, AMENDING, AND IMPLEMENTING PRODUCER RESPONSIBIL ITY PLANS. 20
(C) (1) THE ADVISORY COUNCIL SHALL CONSIST OF A BROAD RANGE OF 21
INTERESTED STAKEHOLD ERS APPOINTED BY THE SECRETARY, INCLUDING: 22
(I) REPRESENTATIVE S FROM THE FOLLOWING I NDUSTRIES OR 23
ENTITIES IN THE STATE: 24
1. LOCAL GOVERNMENT AGEN CIES RESPONSIBLE FOR 25
RECYCLING PROGRAMS ; 26
2. RECYCLABLES AND COMPO STABLE MATERIALS 27
COLLECTORS ; 28
3. RECYCLING PROCESSORS ; AND 29
4. COMPOST PROCESSORS ; 30
18 HOUSE BILL 307
(II) A REPRESENTATIVE FROM EACH PRODUCER 1
RESPONSIBILITY ORGAN IZATION; 2
(III) REPRESENTATIVES OF A T LEAST TWO NON PROFIT 3
ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCING W ASTE; 4
(IV) AT LEAST ONE REPRESENTATIVE OF AN ENVIRONMENTAL 5
ADVOCACY ORGANIZATIO N; 6
(V) AT LEAST ONE REPRESENTATIVE OF AN ENVIRONMENTAL 7
JUSTICE ADVOCACY ORG ANIZATION; AND 8
(VI) AT LEAST TWO MEMBERS OF THE PUBLIC WHO RE SIDE IN 9
THE STATE. 10
(2) IN APPOINTING MEMBERS TO THE ADVISORY COUNCIL, THE 11
SECRETARY SHALL , TO THE EXTENT PRACTI CABLE, ENSURE THAT THE 12
MEMBERSHIP OF THE ADVISORY COUNCIL REPR ESENTS: 13
(I) ALL GEOGRAPHIC REGION S OF THE STATE; 14
(II) LARGE AND SMALL COUNTIES A ND MUNICIPALITIES ; AND 15
(III) THE VARIABILITY IN HOW W ASTE AND RECYCLABLE AND 16
COMPOSTABLE MATERIAL S ARE COLLECTED AND PR OCESSED IN THE STATE. 17
(D) FROM AMONG THE ADVISORY COUNCIL MEMBERS , THE SECRETARY 18
SHALL DESIGNATE TWO REPRESENTATIVES TO S ERVE AS COCHAIRS . 19
(E) A MEMBER OF THE ADVISORY COUNCIL: 20
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 21
ADVISORY COUNCIL ; BUT 22
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 23
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. 24
(F) THE ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY . 25
(G) THE ADVISORY COUNCIL SHALL: 26
(1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY 27
ORGANIZATION , PROVIDE ADVICE REGARDING THE DRAFTI NG OR AMENDING OF A 28 HOUSE BILL 307 19
PRODUCER RESPONSIBILITY PLAN REQUIRED UNDER § 9–2404 OF THIS SUBTITLE; 1
(2) RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS 2
SUBMITTED IN ACCORDA NCE WITH § 9–2404 OF THIS SUBTITLE; 3
(3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN 4
ACCORDANCE WITH § 9–2407 OF THIS SUBTITLE; 5
(4) MAKE RECOMMENDATION S TO THE DEPARTMENT REGARDING 6
PRODUCER RESPONSIBIL ITY PLAN APPROVAL ; AND 7
(5) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND 8
PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE GARDING PRODUCER 9
RESPONSIBILITY PLAN IMPLEMENTATION . 10
9–2406. 11
IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER RESPONSIBIL ITY 12
ORGANIZATION , AS ESTABLISHED IN AN APPROVED PRODUCER RE SPONSIBILITY 13
PLAN ON FILE WITH TH E DEPARTMENT , AND ANY OTHER REQUIR EMENT ADOPTED 14
BY THE DEPARTMENT , A LOCAL GOVERNMENT MAY REQUEST REIMBURSEMEN T 15
FROM A PRODUCER RESPONSIBIL ITY ORGANIZATION FOR COS TS ASSOCIATED WITH 16
COLLECTING, TRANSPORTING , AND PROCESSING PACKAGING MATERIALS THAT ARE 17
IDENTIFIED UNDER THE PLAN , INCLUDING COSTS ASSOCI ATED WITH RECYCLING 18
SERVICES FOR BUSINESSES , SCHOOLS, PUBLIC PLACES , RESIDENTIAL HOUSING , 19
INCLUDING MULTIFAMIL Y HOUSING, AND ANY OTHER ENTIT Y. 20
9–2407. 21
(A) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2026, EACH 22
PRODUCER RESPONSIBIL ITY ORGANIZATION THA T HAS AN APPROVED PR ODUCER 23
RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT SHALL REPORT TO THE 24
DEPARTMENT ON THE PROGRESS TOWARD MEETING PLAN REQUIREMENTS AND 25
GOALS FOR THE IMMEDI ATELY PRECEDING YEAR . 26
(B) THE REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION 27
SHALL INCLUDE : 28
(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 29
USED FOR COLLECTI NG, TRANSPORT ING, AND PROCESSING PACKAGING 30
MATERIALS; 31
20 HOUSE BILL 307
(2) (I) THE STATUS ON ACHIEVING THE PERFOR MANCE GOALS 1
ESTABLISHED UNDER § 9–2404(B)(3) OF THIS SUBTITLE; AND 2
(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION 3
OF THE ACTIONS PROPOSED TO ACHIEVE THE GOALS; 4
(3) THE AMOUNT OF EACH PACKAGING MATERIAL TYPE COLLECTED 5
IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EACH PACKAGING 6
MATERIAL TYPE ; 7
(4) (I) THE NUMBER OF BEVERAGE CONTAINE RS SOLD IN THE 8
STATE AND THE NUMBER COLLECTED, BY MATERIAL TYPE ; 9
(II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE O F 10
RECYCLING OF BEVERAG E CONTAINERS BY MATERIAL TYPE , AFTER SUBTRACTING 11
CONTAMINATION RATES, AND BY NUMBER OF UNITS A ND WEIGHT; AND 12
(III) 1. A DESCRIPTION OF THE L OCATION OF COLLECTIO N 13
FACILITIES OR POINTS AND SORTING AND PROC ESSING FACILITIES FO R BEVERAGE 14
CONTAINERS; 15
2. A DESCRIPTION OF ANY IMPROVEMENTS MADE IN THE 16
REPORTING YEAR TO IN CREASE THE EASE AND CONVENIENCE FOR CONS UMERS TO 17
RETURN BEVERAGE CONT AINERS; 18
3. A DESCRIPTION OF UNDERSERVED AREAS AND 19
ACTIONS THAT WILL BE TAKEN BY THE PRODUCER RESPONS IBILITY ORGANIZATION 20
TO IMPROVE THE AVAIL ABILITY OF COLLECTIO N FACILITIES OR POINTS IN 21
UNDERSERVED AREAS ; AND 22
4. ANY OTHER INFORMATION ON BEVERAGE 23
CONTAINERS REQU IRED BY THE DEPARTMENT ; 24
(5) THE TOTAL COST OF IMP LEMENTING THE P LAN, AS DETERMINED 25
BY AN INDEPENDENT FINANCIAL AUDIT OR INCLUDING : 26
(I) A COPY OF THE WORK PRO DUCT OF THE INDEPEND ENT 27
FINANCIAL AUDITOR ; AND 28
(II) FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS 29
RECEIVED AND ISSUED BY THE PRODUCERS COVERED UNDER THE APPROVED PLAN ; 30
HOUSE BILL 307 21
(6) SAMPLES OF ALL EDUCATIONAL MATERIAL S PROVIDED TO 1
CONSUMERS OR OTHER E NTITIES; 2
(7) A DETAILED DESCRIPTION OF THE ACTION S TAKEN AND AN 3
EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MATERIALS, 4
INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 5
OF THE PLAN CAN BE IMPROVED ; 6
(8) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN MARKET 7
DEVELOPMENT AND FOR IMPROVING REUSE, COMPOSTING , AND RECYCLING 8
INFRASTRUCTURE ; AND 9
(9) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT . 10
(C) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 11
DEPARTMENT BY A PRODU CER RESPONSIBILITY ORGANIZATION SHALL B E KEPT 12
CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 13
INSPECTION. 14
(D) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE REPORT SHALL BE 15
POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PRODUCER 16
RESPONSIBILITY ORGANIZATION . 17
9–2408. 18
ANY PERSON PARTICIPAT ING IN A PRODUCER RESPONSIBIL ITY PLAN IN 19
COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 20
RELATING TO ANTITRUS T AND RESTRAINT OF T RADE FOR ANY COOPERA TED 21
ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSAL OF PACKAGING 22
MATERIALS. 23
9–2409. 24
THE DEPARTMENT S HALL ADOPT REGULATIO NS TO CARRY OUT THIS 25
SUBTITLE. 26
9–2410. 27
A PRODUCER OR PRODUCER RESPONSIBIL ITY ORGANIZATION THAT VI OLATES 28
THIS SUBTITLE IS SUB JECT TO: 29
(1) FOR A FIRST VIOLATION , A CIVIL PENALTY OF $5,000; 30
22 HOUSE BILL 307
(2) FOR A SECOND VIOLATIO N, A CIVIL PENALTY OF $10,000; AND 1
(3) FOR A THIRD AND SUBSE QUENT VIOLATION , A CIVIL PENALTY OF 2
$20,000. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2022. 5