SENATE BILL 143
M3 2lr0965
(PRE–FILED) CF HB 18
By: Senator West
Requested: October 26, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Maryland Paint Stewardship 2
FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3
State or a certain representative organization to submit a plan for the establishment 4
of a Paint Stewardship Program to the Department of the Environment for approval 5
on or before a certain date and in accordance with certain requirements; requiring a 6
certain plan to establish a certain assessment on architectural paint sold in the State 7
that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8
transporting, and processing postconsumer paint statewide; requiring the Office of 9
Recycling within the Department to review and approve certain plans, including a 10
certain assessment, submitted in accordance with the Paint Stewardship Program; 11
requiring certain producers and retailers or distributors to add a certain assessment 12
to the cost of all architectural paint sold in the State beginning on a certain date; 13
requiring a certain producer or representative organization to implement a certain 14
program within a certain amount of time after the Department approves a certain 15
plan; prohibiting a producer or retailer from selling or offering for sale certain 16
architectural paint under certain circumstances beginning on a certain date or after 17
a certain amount of time after the Department approves a certain plan, whichever 18
is later; and generally relating to the Paint Stewardship Program. 19
BY repealing and reenacting, without amendments, 20
Article – Environment 21
Section 9–1701(a), (i), and (m) 22
Annotated Code of Maryland 23
(2014 Replacement Volume and 2021 Supplement) 24
BY adding to 25
Article – Environment 26
Section 9–1701(b–1), (i–1), (o–1) through (o–3), (r–2) through (r–4); and 9–1733 to be 27
under the new part “Part V. Paint Stewardship Program” 28
Annotated Code of Maryland 29
(2014 Replacement Volume and 2021 Supplement) 30
2 SENATE BILL 143
BY repealing and reenacting, with amendments, 1
Article – Environment 2
Section 9–1701(i–1), 9–1702, and 9–1707(f) 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2021 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Environment 8
9–1701. 9
(a) In this subtitle the following words have the meanings indicated. 10
(B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND EXTERIOR 11
ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 12
(2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 13
COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 14
(i) “Director” means the Director of the Office of Recycling. 15
(I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 16
RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 17
ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 18
[(i–1)] (I–2) “Food residuals” means material derived from the processing or 19
discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 20
products, and meats. 21
(m) “Office” means the Office of Recycling within the Department. 22
(O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 23
THE PURCHASE PRICE O F ARCHITECTURAL PAINT SOL D IN THE STATE THAT IS 24
NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 25
COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 26
STATEWIDE. 27
(O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 28
AND NO LONGER WANTE D BY A PURCHASER . 29
(O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 30
THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 31
THE PRODUCER ’S OWN NAME OR BRAND . 32 SENATE BILL 143 3
(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 1
ORGANIZATION CREATED BY PRODUCERS TO IMPLEMENT A PAINT STEWARDSHIP 2
PROGRAM. 3
(R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 4
FOR SALE AT RETAIL I N THE STATE. 5
(R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 6
CONSIDERATION , INCLUDING REMOTE SA LES CONDUCTED THROUG H SALES 7
OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 8
MEANS. 9
9–1702. 10
(a) There is an Office of Recycling created within the Department. 11
(b) The Secretary shall appoint a Director and sufficient staff to perform the 12
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 13
budget. 14
(c) The Secretary may adopt regulations to carry out the provisions of this 15
subtitle. 16
(d) The Office shall: 17
(1) Assist the counties in developing an acceptable recycling plan required 18
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 19
the local governments; 20
(2) Coordinate the efforts of the State to facilitate the implementation of 21
the recycling goals at the county level; 22
(3) Review all recycling plans submitted as part of a county plan as 23
required under § 9–505 of this title and advise the Secretary on the adequacy of the 24
recycling plan; 25
(4) Administer the Statewide Electronics Recycling Program under Part IV 26
of this subtitle; [and] 27
(5) Promote the development of markets for recycled materials and 28
recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 29
(6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 30
THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 31
STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 32 4 SENATE BILL 143
(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 SENATE BILL 143 5
(3) Tire recyclers. 1
9–1707. 2
(f) (1) There is a State Recycling Trust Fund. 3
(2) The Fund shall consist of: 4
(i) The newsprint recycling incentive fee; 5
(ii) The telephone directory recycling incentive fee collected under § 6
9–1709 of this subtitle; 7
(iii) The covered electronic device manufacturer registration fee 8
collected under § 9–1728 of this subtitle; 9
(IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 10
REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 11
[(iv)] (V) All fines and penalties collected under this subtitle; 12
[(v)] (VI) Money appropriated in the State budget to the Fund; and 13
[(vi)] (VII) Any other money from any other source accepted for the 14
benefit of the Fund. 15
(3) The Secretary shall administer the Fund. 16
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 17
account for the Fund. 18
(5) At the end of each fiscal year, any unspent or unencumbered balance in 19
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 20
accordance with § 7–302 of the State Finance and Procurement Article. 21
(6) In accordance with the State budget, the Fund shall be used only: 22
(i) To provide grants to the counties to be used by the counties to 23
develop and implement local recycling plans; 24
(ii) To provide grants to counties that have addressed methods for 25
the separate collection and recycling of covered electronic devices in accordance with § 26
9–1703(c)(1) of this subtitle; 27
6 SENATE BILL 143
(iii) To provide grants to municipalities to be used by the 1
municipalities to implement local covered electronic device recycling programs; [and] 2
(IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 3
PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 4
REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 5
FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 6
[(iv)] (V) To carry out the purposes of the land management 7
administration. 8
(7) (i) The Treasurer shall invest the money in the Fund in the same 9
manner as other State money may be invested. 10
(ii) Any investment earnings of the Fund shall be credited to the 11
General Fund of the State. 12
9–1731. RESERVED. 13
9–1732. RESERVED. 14
PART V. PAINT STEWARDSHIP PROGRAM. 15
9–1733. 16
(A) (1) ON OR BEF ORE JANUARY 1, 2023, PRODUCERS OF 17
ARCHITECTURAL PAINT SOLD AT RETAIL IN TH E STATE, OR A REPRESENTATIVE 18
ORGANIZATION ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 19
ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 20
APPROVAL. 21
(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 22
AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 23
PAINT BY: 24
(I) REDUCING ITS GENERATI ON; 25
(II) PROMOTING ITS REUSE A ND RECYCLING ; AND 26
(III) NEGOTIATING AND EXECU TING AGREEMENTS TO COLLEC T, 27
TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 28
OF POSTCONSUMER PAIN T. 29
(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 30
STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 31 SENATE BILL 143 7
(I) PROVIDES FOR COLLECTI ON RATES AND CONVENIENC E 1
EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 2
CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 3
(II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 4
PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 5
IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 6
(III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 7
BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 8
WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 9
AGREEABLE; AND 10
(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 11
NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 12
BASED ON THE FOLLOWI NG CRITERIA: 13
1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 14
SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 15
2. UNLESS OTHERWISE APPR OVED BY THE 16
DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 17
EVERY 50,000 RESIDENTS OF A GEOGR APHICAL AREA DESIGNA TED UNDER FEDERAL 18
LAW AS AN URBANIZED AREA. 19
(4) THE PLAN MAY IDENTIFY A RETAILER AS A POS TCONSUMER PAINT 20
COLLECTION SITE IF : 21
(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 22
PAINT COLLECTION SIT E; 23
(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 24
LAWS AND REGULATIONS ; AND 25
(III) THE SITE LOCATION OF THE RETAILER IS CONSISTENT WITH 26
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 27
COLLECTION LOCATIONS . 28
(5) THE PLAN SHALL ESTABL ISH: 29
(I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 30
ARCHITECTURAL PAINT SOLD IN THE STATE; AND 31
8 SENATE BILL 143
(II) A MECHANISM FOR PAINT PRODUCERS PART ICIPATING IN A 1
PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 2
ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 3
CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 4
(6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSH IP ASSESSMENT 5
MAY NOT EXCEED THE C OSTS OF IMPLEMENTING THE PAINT STEWARDSHIP 6
PROGRAM. 7
(7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 8
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 9
DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING T HE PAINT 10
STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 11
(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 12
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 13
(8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 14
IMPLEMENT THE PAINT STEWARDSHIP PROGRAM. 15
(B) (1) THE DEPARTMENT SHALL REVI EW: 16
(I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 17
UNDER SUBSECTION (A) OF THIS SECTION; AND 18
(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 19
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 20
ASSESSMENTS . 21
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 22
SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 23
DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 24
9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT’S COST OF PLAN 25
REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 26
AS DETERMINED BY THE DEPARTMENT . 27
(3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 28
STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 29
ASSESSMENT , COMPLIES WIT H THE REQUIREMENTS O F SUBSECTION (A) OF THIS 30
SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 31
(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 32
AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 33
STEWARDSHIP PROGRAM. 34 SENATE BILL 143 9
(C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 1
IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 2
THE PLAN’S APPROVAL BY THE DEPARTMENT . 3
(2) BEGINNING OCTOBER 1, 2023, OR 6 MONTHS AFTER PLAN 4
APPROVAL, WHICHEVER IS LATER : 5
(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 6
SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 7
THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 8
THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 9
STEWARDSHIP PROGRAM; 10
(II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 11
ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 12
TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 13
DISTRIBUTED IN THE STATE; AND 14
(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 15
STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 16
PAINT SOLD IN THE STATE. 17
(D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 18
AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 19
EDUCATIONAL MATERIALS REGARDING THE PROGRAM THAT INCLUDE : 20
(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 21
MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 22
PROGRAM; AND 23
(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 24
ASSESSMENT TO COVER THE COSTS OF IMPLEMENTING THE PROGRAM IS INCLUDED 25
IN THE PURCHASE PRIC E OF ALL ARCHITECTUR AL PAINT SOLD IN THE STATE. 26
(E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 27
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 28
ON THE DATE THE ARC HITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 29
ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 30
WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 31
STEWARDSHIP PROGRAM. 32
10 SENATE BILL 143
(F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 1
PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 2
IS OFFERED FOR DISPO SAL. 3
(G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 4
THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 5
ACCORDANCE WITH AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 6
IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 7
RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 8
UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 9
(H) (1) BEGINNING APRIL 1, 2024, AND ANNUALLY THEREAF TER, THE 10
PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 11
DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 12
(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 13
TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 14
(II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 15
THE STATE; 16
(III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 17
COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 18
RECYCLING, AND OTHER METHODS OF PROCESSING OR DI SPOSAL, THAT INCLUDES 19
AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 20
STATE FOR EACH COUNTY IN THE STATE; 21
(IV) THE TOTAL COST OF IMP LEMENTING AND ADMINI STERING 22
THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED 23
BY THE PAINT STEWARDSHI P ASSESSMENT ; AND 24
(V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 25
CONSUMERS OF ARCHITE CTURAL PAINT. 26
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 27
SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 28
FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 29
FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 30
OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 31
OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 32
(I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 33
REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 34
SENATE BILL 143 11
(I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 1
PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 2
THE PAINT STEWARDSHI P ASSESSME NT MEETS OR EXCEEDS THE COSTS OF THE 3
PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 4
(II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 5
IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 6
(2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 7
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 8
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 9
SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 10
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 11
MAKE THE APPROVED ANNUAL REPO RT AVAILABLE TO THE PUBLIC. 12
(J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 13
DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 14
KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 15
INSPECTION. 16
(2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 17
NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 18
RETAILER, OR REPRESENTATIVE OR GANIZATION. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2022. 21