MD
Maryland Senate Bill SB143

Maryland 2022 Regular Session

Maryland Senate Bill SB143 Compare Versions

Only one version of the bill is available at this time.
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44 SENATE BILL 143
55 M3 2lr0965
66 (PRE–FILED) CF HB 18
77 By: Senator West
88 Requested: October 26, 2021
99 Introduced and read first time: January 12, 2022
1010 Assigned to: Education, Health, and Environmental Affairs
1111
1212 A BILL ENTITLED
1313
1414 AN ACT concerning 1
1515
1616 Maryland Paint Stewardship 2
1717
1818 FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3
1919 State or a certain representative organization to submit a plan for the establishment 4
2020 of a Paint Stewardship Program to the Department of the Environment for approval 5
2121 on or before a certain date and in accordance with certain requirements; requiring a 6
2222 certain plan to establish a certain assessment on architectural paint sold in the State 7
2323 that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8
2424 transporting, and processing postconsumer paint statewide; requiring the Office of 9
2525 Recycling within the Department to review and approve certain plans, including a 10
2626 certain assessment, submitted in accordance with the Paint Stewardship Program; 11
2727 requiring certain producers and retailers or distributors to add a certain assessment 12
2828 to the cost of all architectural paint sold in the State beginning on a certain date; 13
2929 requiring a certain producer or representative organization to implement a certain 14
3030 program within a certain amount of time after the Department approves a certain 15
3131 plan; prohibiting a producer or retailer from selling or offering for sale certain 16
3232 architectural paint under certain circumstances beginning on a certain date or after 17
3333 a certain amount of time after the Department approves a certain plan, whichever 18
3434 is later; and generally relating to the Paint Stewardship Program. 19
3535
3636 BY repealing and reenacting, without amendments, 20
3737 Article – Environment 21
3838 Section 9–1701(a), (i), and (m) 22
3939 Annotated Code of Maryland 23
4040 (2014 Replacement Volume and 2021 Supplement) 24
4141
4242 BY adding to 25
4343 Article – Environment 26
4444 Section 9–1701(b–1), (i–1), (o–1) through (o–3), (r–2) through (r–4); and 9–1733 to be 27
4545 under the new part “Part V. Paint Stewardship Program” 28
4646 Annotated Code of Maryland 29
4747 (2014 Replacement Volume and 2021 Supplement) 30
4848 2 SENATE BILL 143
4949
5050
5151 BY repealing and reenacting, with amendments, 1
5252 Article – Environment 2
5353 Section 9–1701(i–1), 9–1702, and 9–1707(f) 3
5454 Annotated Code of Maryland 4
5555 (2014 Replacement Volume and 2021 Supplement) 5
5656
5757 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
5858 That the Laws of Maryland read as follows: 7
5959
6060 Article – Environment 8
6161
6262 9–1701. 9
6363
6464 (a) In this subtitle the following words have the meanings indicated. 10
6565
6666 (B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND EXTERIOR 11
6767 ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 12
6868
6969 (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 13
7070 COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 14
7171
7272 (i) “Director” means the Director of the Office of Recycling. 15
7373
7474 (I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 16
7575 RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 17
7676 ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 18
7777
7878 [(i–1)] (I–2) “Food residuals” means material derived from the processing or 19
7979 discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 20
8080 products, and meats. 21
8181
8282 (m) “Office” means the Office of Recycling within the Department. 22
8383
8484 (O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 23
8585 THE PURCHASE PRICE O F ARCHITECTURAL PAINT SOL D IN THE STATE THAT IS 24
8686 NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 25
8787 COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 26
8888 STATEWIDE. 27
8989
9090 (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 28
9191 AND NO LONGER WANTE D BY A PURCHASER . 29
9292
9393 (O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 30
9494 THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 31
9595 THE PRODUCER ’S OWN NAME OR BRAND . 32 SENATE BILL 143 3
9696
9797
9898
9999 (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 1
100100 ORGANIZATION CREATED BY PRODUCERS TO IMPLEMENT A PAINT STEWARDSHIP 2
101101 PROGRAM. 3
102102
103103 (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 4
104104 FOR SALE AT RETAIL I N THE STATE. 5
105105
106106 (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 6
107107 CONSIDERATION , INCLUDING REMOTE SA LES CONDUCTED THROUG H SALES 7
108108 OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 8
109109 MEANS. 9
110110
111111 9–1702. 10
112112
113113 (a) There is an Office of Recycling created within the Department. 11
114114
115115 (b) The Secretary shall appoint a Director and sufficient staff to perform the 12
116116 functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 13
117117 budget. 14
118118
119119 (c) The Secretary may adopt regulations to carry out the provisions of this 15
120120 subtitle. 16
121121
122122 (d) The Office shall: 17
123123
124124 (1) Assist the counties in developing an acceptable recycling plan required 18
125125 under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 19
126126 the local governments; 20
127127
128128 (2) Coordinate the efforts of the State to facilitate the implementation of 21
129129 the recycling goals at the county level; 22
130130
131131 (3) Review all recycling plans submitted as part of a county plan as 23
132132 required under § 9–505 of this title and advise the Secretary on the adequacy of the 24
133133 recycling plan; 25
134134
135135 (4) Administer the Statewide Electronics Recycling Program under Part IV 26
136136 of this subtitle; [and] 27
137137
138138 (5) Promote the development of markets for recycled materials and 28
139139 recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 29
140140
141141 (6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 30
142142 THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 31
143143 STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 32 4 SENATE BILL 143
144144
145145
146146
147147 (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 1
148148 coordination with the Maryland Environmental Service, study and report to the Governor 2
149149 and, subject to § 2–1257 of the State Government Article, the General Assembly on: 3
150150
151151 (1) The identification and location of recycling centers, including an 4
152152 analysis of existing recycling centers and the need to expand these facilities or construct 5
153153 new recycling centers; 6
154154
155155 (2) Programs necessary to educate the public on the need to participate in 7
156156 recycling efforts; 8
157157
158158 (3) The economics and financing of existing and proposed systems of waste 9
159159 disposal and recycling; 10
160160
161161 (4) State procurement policies for the purchase of recycled materials; 11
162162
163163 (5) Programs necessary to reduce the amount of solid waste generated for 12
164164 disposal by a State agency or unit; 13
165165
166166 (6) The liaison role with local governments, the federal government, and 14
167167 the private sector; 15
168168
169169 (7) The percentage reduction in the amount of solid waste that has been 16
170170 achieved by each county; and 17
171171
172172 (8) Economically feasible methods for the recycling of scrap automobile 18
173173 tires, batteries, and white goods. 19
174174
175175 (f) (1) By December 1, 1988, the Office shall, in coordination with the 20
176176 Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 21
177177 recommendations to the General Assembly for the financing of a comprehensive system of 22
178178 recycling at the State and local level, including funding for recycling centers, recycling 23
179179 equipment, recycling education, and marketing strategies. 24
180180
181181 (2) After the financing recommendations are made under paragraph (1) of 25
182182 this subsection, each county may submit to the Office and the Governor a detailed request 26
183183 for funds necessary to assist in the development and implementation of a recycling plan 27
184184 under guidelines developed by the Office. 28
185185
186186 (g) In studying feasible methods for the management and recycling of used tires 29
187187 under subsection (e)(9) of this section, the Office of Recycling shall consult with the 30
188188 appropriate industry, including representatives of: 31
189189
190190 (1) Tire manufacturers; 32
191191
192192 (2) Tire dealers; and 33 SENATE BILL 143 5
193193
194194
195195
196196 (3) Tire recyclers. 1
197197
198198 9–1707. 2
199199
200200 (f) (1) There is a State Recycling Trust Fund. 3
201201
202202 (2) The Fund shall consist of: 4
203203
204204 (i) The newsprint recycling incentive fee; 5
205205
206206 (ii) The telephone directory recycling incentive fee collected under § 6
207207 9–1709 of this subtitle; 7
208208
209209 (iii) The covered electronic device manufacturer registration fee 8
210210 collected under § 9–1728 of this subtitle; 9
211211
212212 (IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 10
213213 REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 11
214214
215215 [(iv)] (V) All fines and penalties collected under this subtitle; 12
216216
217217 [(v)] (VI) Money appropriated in the State budget to the Fund; and 13
218218
219219 [(vi)] (VII) Any other money from any other source accepted for the 14
220220 benefit of the Fund. 15
221221
222222 (3) The Secretary shall administer the Fund. 16
223223
224224 (4) The Treasurer shall hold the Fund separately and the Comptroller shall 17
225225 account for the Fund. 18
226226
227227 (5) At the end of each fiscal year, any unspent or unencumbered balance in 19
228228 the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 20
229229 accordance with § 7–302 of the State Finance and Procurement Article. 21
230230
231231 (6) In accordance with the State budget, the Fund shall be used only: 22
232232
233233 (i) To provide grants to the counties to be used by the counties to 23
234234 develop and implement local recycling plans; 24
235235
236236 (ii) To provide grants to counties that have addressed methods for 25
237237 the separate collection and recycling of covered electronic devices in accordance with § 26
238238 9–1703(c)(1) of this subtitle; 27
239239 6 SENATE BILL 143
240240
241241
242242 (iii) To provide grants to municipalities to be used by the 1
243243 municipalities to implement local covered electronic device recycling programs; [and] 2
244244
245245 (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 3
246246 PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 4
247247 REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 5
248248 FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 6
249249
250250 [(iv)] (V) To carry out the purposes of the land management 7
251251 administration. 8
252252
253253 (7) (i) The Treasurer shall invest the money in the Fund in the same 9
254254 manner as other State money may be invested. 10
255255
256256 (ii) Any investment earnings of the Fund shall be credited to the 11
257257 General Fund of the State. 12
258258
259259 9–1731. RESERVED. 13
260260
261261 9–1732. RESERVED. 14
262262
263263 PART V. PAINT STEWARDSHIP PROGRAM. 15
264264
265265 9–1733. 16
266266
267267 (A) (1) ON OR BEF ORE JANUARY 1, 2023, PRODUCERS OF 17
268268 ARCHITECTURAL PAINT SOLD AT RETAIL IN TH E STATE, OR A REPRESENTATIVE 18
269269 ORGANIZATION ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 19
270270 ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 20
271271 APPROVAL. 21
272272
273273 (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 22
274274 AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 23
275275 PAINT BY: 24
276276
277277 (I) REDUCING ITS GENERATI ON; 25
278278
279279 (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 26
280280
281281 (III) NEGOTIATING AND EXECU TING AGREEMENTS TO COLLEC T, 27
282282 TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 28
283283 OF POSTCONSUMER PAIN T. 29
284284
285285 (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 30
286286 STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 31 SENATE BILL 143 7
287287
288288
289289
290290 (I) PROVIDES FOR COLLECTI ON RATES AND CONVENIENC E 1
291291 EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 2
292292 CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 3
293293
294294 (II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 4
295295 PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 5
296296 IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 6
297297
298298 (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 7
299299 BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 8
300300 WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 9
301301 AGREEABLE; AND 10
302302
303303 (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 11
304304 NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 12
305305 BASED ON THE FOLLOWI NG CRITERIA: 13
306306
307307 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 14
308308 SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 15
309309
310310 2. UNLESS OTHERWISE APPR OVED BY THE 16
311311 DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 17
312312 EVERY 50,000 RESIDENTS OF A GEOGR APHICAL AREA DESIGNA TED UNDER FEDERAL 18
313313 LAW AS AN URBANIZED AREA. 19
314314
315315 (4) THE PLAN MAY IDENTIFY A RETAILER AS A POS TCONSUMER PAINT 20
316316 COLLECTION SITE IF : 21
317317
318318 (I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 22
319319 PAINT COLLECTION SIT E; 23
320320
321321 (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 24
322322 LAWS AND REGULATIONS ; AND 25
323323
324324 (III) THE SITE LOCATION OF THE RETAILER IS CONSISTENT WITH 26
325325 MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 27
326326 COLLECTION LOCATIONS . 28
327327
328328 (5) THE PLAN SHALL ESTABL ISH: 29
329329
330330 (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 30
331331 ARCHITECTURAL PAINT SOLD IN THE STATE; AND 31
332332 8 SENATE BILL 143
333333
334334
335335 (II) A MECHANISM FOR PAINT PRODUCERS PART ICIPATING IN A 1
336336 PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 2
337337 ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 3
338338 CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 4
339339
340340 (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSH IP ASSESSMENT 5
341341 MAY NOT EXCEED THE C OSTS OF IMPLEMENTING THE PAINT STEWARDSHIP 6
342342 PROGRAM. 7
343343
344344 (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 8
345345 EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 9
346346 DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING T HE PAINT 10
347347 STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 11
348348
349349 (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 12
350350 FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 13
351351
352352 (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 14
353353 IMPLEMENT THE PAINT STEWARDSHIP PROGRAM. 15
354354
355355 (B) (1) THE DEPARTMENT SHALL REVI EW: 16
356356
357357 (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 17
358358 UNDER SUBSECTION (A) OF THIS SECTION; AND 18
359359
360360 (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 19
361361 AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 20
362362 ASSESSMENTS . 21
363363
364364 (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 22
365365 SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 23
366366 DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 24
367367 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT’S COST OF PLAN 25
368368 REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 26
369369 AS DETERMINED BY THE DEPARTMENT . 27
370370
371371 (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 28
372372 STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 29
373373 ASSESSMENT , COMPLIES WIT H THE REQUIREMENTS O F SUBSECTION (A) OF THIS 30
374374 SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 31
375375
376376 (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 32
377377 AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 33
378378 STEWARDSHIP PROGRAM. 34 SENATE BILL 143 9
379379
380380
381381
382382 (C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 1
383383 IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 2
384384 THE PLAN’S APPROVAL BY THE DEPARTMENT . 3
385385
386386 (2) BEGINNING OCTOBER 1, 2023, OR 6 MONTHS AFTER PLAN 4
387387 APPROVAL, WHICHEVER IS LATER : 5
388388
389389 (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 6
390390 SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 7
391391 THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 8
392392 THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 9
393393 STEWARDSHIP PROGRAM; 10
394394
395395 (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 11
396396 ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 12
397397 TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 13
398398 DISTRIBUTED IN THE STATE; AND 14
399399
400400 (III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 15
401401 STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 16
402402 PAINT SOLD IN THE STATE. 17
403403
404404 (D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 18
405405 AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 19
406406 EDUCATIONAL MATERIALS REGARDING THE PROGRAM THAT INCLUDE : 20
407407
408408 (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 21
409409 MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 22
410410 PROGRAM; AND 23
411411
412412 (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 24
413413 ASSESSMENT TO COVER THE COSTS OF IMPLEMENTING THE PROGRAM IS INCLUDED 25
414414 IN THE PURCHASE PRIC E OF ALL ARCHITECTUR AL PAINT SOLD IN THE STATE. 26
415415
416416 (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 27
417417 PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 28
418418 ON THE DATE THE ARC HITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 29
419419 ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 30
420420 WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 31
421421 STEWARDSHIP PROGRAM. 32
422422 10 SENATE BILL 143
423423
424424
425425 (F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 1
426426 PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 2
427427 IS OFFERED FOR DISPO SAL. 3
428428
429429 (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 4
430430 THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 5
431431 ACCORDANCE WITH AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 6
432432 IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 7
433433 RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 8
434434 UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 9
435435
436436 (H) (1) BEGINNING APRIL 1, 2024, AND ANNUALLY THEREAF TER, THE 10
437437 PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 11
438438 DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 12
439439
440440 (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 13
441441 TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 14
442442
443443 (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 15
444444 THE STATE; 16
445445
446446 (III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 17
447447 COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 18
448448 RECYCLING, AND OTHER METHODS OF PROCESSING OR DI SPOSAL, THAT INCLUDES 19
449449 AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 20
450450 STATE FOR EACH COUNTY IN THE STATE; 21
451451
452452 (IV) THE TOTAL COST OF IMP LEMENTING AND ADMINI STERING 22
453453 THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED 23
454454 BY THE PAINT STEWARDSHI P ASSESSMENT ; AND 24
455455
456456 (V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 25
457457 CONSUMERS OF ARCHITE CTURAL PAINT. 26
458458
459459 (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 27
460460 SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 28
461461 FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 29
462462 FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 30
463463 OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 31
464464 OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 32
465465
466466 (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 33
467467 REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 34
468468 SENATE BILL 143 11
469469
470470
471471 (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 1
472472 PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 2
473473 THE PAINT STEWARDSHI P ASSESSME NT MEETS OR EXCEEDS THE COSTS OF THE 3
474474 PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 4
475475
476476 (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 5
477477 IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 6
478478
479479 (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 7
480480 STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 8
481481 ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 9
482482 SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 10
483483
484484 (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 11
485485 MAKE THE APPROVED ANNUAL REPO RT AVAILABLE TO THE PUBLIC. 12
486486
487487 (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 13
488488 DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 14
489489 KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 15
490490 INSPECTION. 16
491491
492492 (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 17
493493 NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 18
494494 RETAILER, OR REPRESENTATIVE OR GANIZATION. 19
495495
496496 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
497497 1, 2022. 21
498498
499499