EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0292*
SENATE BILL 292
M3 2lr1436
CF HB 307
By: Senator Augustine
Introduced and read first time: January 19, 2022
Assigned to: Finance
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 SENATE BILL 292
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
SENATE BILL 292 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 SENATE BILL 292
(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 SU BSECTION (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 C APACITY RELATED 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 MATERIAL S 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 INDIVIDUA LS; 27
(4) THE SUFFICIENCY OF LO CAL GOVERNMENT REQUI REMENTS 28
RELATED TO MULTIFAMI LY RECYCLING SERVICE S AND THEIR IMPLEMEN TATION; 29
SENATE BILL 292 5
(5) THE SUFFICIENCY OF RE CYCLING EDUCATION PR OGRAMS 1
RELATIVE TO DESIRED EQUITY OUTCOMES ; 2
(6) THE AVAILABILITY OF OPPORTUNITIES 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 PRO DUCER 7
RESPONSIBILITY ORGAN IZATIONS AND RECOMME NDATIONS FOR FUNDING 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 CO NDUCTED UN DER THIS SECTION TO 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 RESPON SIBILITY ORGANIZATIO NS, 16
THE PRODUCER RESPONSIB ILITY PLAN ADVISORY COUNCIL ESTABLISHED UNDER § 17
9–2405 OF THIS TITLE , APPROPRIATE LOCAL GO VERNMENTAL 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
PRODUCE R RESPONSIBILITY ORG ANIZATIONS TO COVER THE COSTS ASSOCIATED 21
WITH CONDUCTING THE ASSESSMENTS 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 PRODU CER RESPONSIBILITY 31
ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 24 OF THIS 32 6 SENATE BILL 292
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 UNDE R 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 SENATE BILL 292 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 PACKAG E 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 CON SUMER MARKET ; 19
(II) SERVICE PACKAGING DES IGNED AND INTENDED T O BE 20
FILLED AT THE POIN T 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 PHAR MACEUTICAL PACKAGING ; 26
AND 27
(III) BEVERAGE CONTAINERS . 28 8 SENATE BILL 292
(E) (1) “PRODUCER” MEANS A PERSON THAT MEETS ONE OF TH E 1
FOLLOWING CLASSIFICA TIONS, IN DESCENDING ORDER OF RESPONSIBILITY : 2
(I) A PERSON THAT USES PAC KAGING MATERIALS FOR THE 3
SALE OR DISTRIBUTION OF A PRODUCT UNDER T HE PERSON’S OWN NAME OR BRAND ; 4
(II) A PERSON THAT IS A LIC ENSEE OF A TRADEMARK UNDER 5
WHICH A PACKAGING MA TERIAL IS SOLD, OFFERED FOR SALE , DISTRIBUTED, OR 6
OTHERWISE USED IN A COMMERCIAL ENTERPRIS E IN THE STATE, REGARDLESS OF 7
WHETHER THE TRADEMAR K IS REGISTERED; OR 8
(III) A PERSON THAT IMPORTS A PRODUCT THAT INCLU DES A 9
PACKAGING MATERIAL A ND 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 CHARITABLE ORGANIZATION . 14
(F) (1) “PRODUCER RESPONSIBILITY O RGANIZATION” 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 RESPONSIBILITY PLAN . 23
(2) “PRODUCER RESPONSIBILI TY ORGANIZATION ” INCLUDES A 24
REPRESENTATIVE ORGAN IZATION CREATED BY A GROUP OF PRODUCER 25
RESPONSIBIL ITY ORGANIZATIONS IN ACCORDANCE WITH § 9–2404(A)(1)(II)2 OF 26
THIS SUBTITLE. 27
(G) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING MA TERIALS 28
PRODUCER RESPONSIBIL ITY PLAN SUBMITTED T O THE DEPARTMENT BY A 29 SENATE BILL 292 9
PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION IN ACCORDANCE 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 IMPR OVEMENT 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 SALE IN 19
THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1 20
TON OF PACKAGING MAT ERIALS; 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 TH AT WAS NOT SUPPLIED OR OPERATED AS PART 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 SENATE BILL 292
(B) THIS SUBTITLE DOES NOT AF FECT THE AUTHORITY O F 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 NO T PROHIBIT A PRODUCE R RESPONSIBILITY 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 RE SPONSIBILITY ORGANIZ ATION, 10
SUBMIT A PROD UCER RESPONSIBILITY PLAN TO THE DEPARTMENT FOR REVIEW 11
AND APPROVAL . 12
(II) IF MORE THAN ONE PROD UCER RESPONSIBILITY 13
ORGANIZATION SUBMITS A PRODUCER RESPONSIB ILITY PLAN TO THE 14
DEPARTMENT : 15
1. THE PRODUCER RESPONSI BILITY 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 SE AMLESS MANNER ; AND 20
B. PUBLIC OUTREACH , EDUCATION, AND 21
COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER; AND 22
2. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 23
MAY CREATE A REPRESE NTATIVE ORGANIZATION TO REPRESENT ALL 24
PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT 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 ESTABL ISHED 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 PACKA GING 32
MATERIALS FOR USE IN THE STATE UNLESS THE PROD UCER, INDIVIDUALLY OR AS 33 SENATE BILL 292 11
PART OF A PRODUCER R ESPONSIBILITY ORGANI ZATION, HAS AN APPROVED 1
PRODUCER RESPONSIBIL ITY PLAN ON FILE WIT H THE DEPARTMENT . 2
(B) A PRODUCER RESPONSIBILITY PLAN SHALL: 3
(1) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, INCLUDING 4
THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND THE 5
PRODUCER RESPONSIBIL ITY ORGANIZATION ; 6
(2) IDENTIFY EACH BRAND O F PACKAGING MATERIAL S 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 ESTA BLISH THE FOLLOWING 11
PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING M ATERIAL 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 PARTICIP ATING PRODUCER TO RE DUCE ALL 23
PACKAGING MATERIAL W ASTE TO THE MAXIMUM EXTENT PRACTICABLE , AND BY 24
NOT LESS THAN 25% FOR EACH PACKAG ING MATERIAL 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 SENATE BILL 292
(6) DESCRIBE HOW THE PERFORMANCE GOALS EST ABLISHED 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
IMPLEMENTATION OF TH E PLAN WILL BE HANDLED ; 6
(9) DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG 7
MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING 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 TAKEN OR THAT WILL B E TAKEN FOR 11
PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT 12
THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL: 13
(I) PROMOTE THE RESPONSIB LE END–OF–LIFE MANAGEMENT 14
OF PACKAGING MATERIALS; 15
(II) PROVIDE INFORMATION ON HOW TO P REVENT LITTER 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 PROCESS ING CAPABILITIE S; 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
SENATE BILL 292 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 AMOUN T OF FUNDING THAT WI LL BE USED FOR IMPRO VING REUSE, 4
COMPOSTING , AND RECYCLING IN THE STATE; 5
(12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY 6
REQUEST REIMBURSEMEN T FOR COSTS ASSOCIAT ED WITH TRANSPORTING , 7
COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDEN TIFIED 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 REIMBURSEMENT ON AT L EAST A QUARTERLY BAS IS; 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 REC YCLING 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 PERFORMANC E GOALS FOR EACH PAC KAGING MATERIAL TYPE USING A 20
BASELINE YEAR THAT I S INFORMED BY THE ST ATEWIDE RECYCLING NE EDS 21
ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GO ALS 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 ORGAN IZATION TO IMPLEMENT A PRODUCER RESPONSIB ILITY 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 ACC ORDANCE WITH SUBSECT ION (B)(11) OF THIS 29
SECTION; 30
(II) PROVIDE A REASONABLE ANNUAL RATE PER TON OF 31
RECYCLED OR CO MPOSTED PACKAGING MA TERIALS FOR REIMBURS ING LOCAL 32
GOVERNMENTS FOR COST S ASSOCIATED WITH : 33 14 SENATE BILL 292
1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING 1
MATERIALS THAT ARE I DENTIFIED IN THE PLA N; 2
2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE 3
PACKAGING MATERIALS TO A RECYCLING OR COMPO STING FACILITY; 4
3. PROCESSING PACKAGING MATERIALS, INCLUDING BY 5
REMOVING CONTAMINATI ON; AND 6
4. RECYCLING PACKAGING M ATERIALS THAT ARE 7
DIVERTED TO BE RECYC LED OR COMPOSTED IN THE STATE; 8
(III) ESTABLISH A FEE STRUC TURE FOR PARTICIPATING 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 RESPON SIBILITY ORGANIZATIO N; 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 M ATERIALS IN ACCORDAN CE WITH SUBSECTION (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 W ASTE REDUCTION AND R ECYCLING 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 SENATE BILL 292 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 RAT E ESTABLISHED UNDER PARAGR APH 4
(1)(II) OF THIS SUBSECTION S HALL BE BASED ON : 5
(I) THE POPULATION SIZE O F A LOCAL JURISDICTI ON; 6
(II) THE DISTANCE TO THE N EAREST 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 PACKAG ING 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 P ACKAGING MATERIALS 20
WITH HIGH RECYCLAB ILITY OR RECYCLED CO NTENT; 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 INVESTMENT I N MARKET 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 SENATE BILL 292
SORTING OF PACKAGING MATERIALS AT EXISTIN G SORTING AND PROCES SING 1
FACILITIES; 2
(2) MITIGATING THE IMPACTS OF PACKAGING MATERIA LS 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 RESULTS OF THE STATEWIDE REC YCLING NEEDS 6
ASSESSMENT C ONDUCTED UNDER § 9–1702.2 OF THIS TITLE. 7
(F) THE DEPARTMENT SHALL REVI EW: 8
(1) THE PRODUCER RESPONSI BILITY 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 EVALUATE THE FINA NCING COMPONENT OF 12
THE PRODUCER RESPONS IBILITY PLAN UNDER S UBSECTION (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 RESPONSI BILITY PLAN COMPLIES WITH 20
THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 21
METHOD WILL COVER THE CO STS OF IMPLEMENTING THE PLAN; AND 22
(II) THE PRODUCER RESPONSI BILITY 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 RESPONS IBILITY 26
PLAN IS APPROVED UND ER THIS SECTION , A PRODUCER RESPONSIB ILITY 27
ORGANIZATION SHALL I MPLEMENT THE PLAN . 28
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 29
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER 30
RESPONSIBILITY PLAN SHALL EXPIRE AF TER 5 YEARS. 31
SENATE BILL 292 17
(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINU E AFTER 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 PROD UCER 6
RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 7
PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONS IBILITY ORGANIZATION 8
MAY AMEND THE PLAN AND SUB MIT IT TO THE DEPARTMENT FOR APPROV AL IN 9
ACCORDANCE WITH THIS SUBTITLE. 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 ACHIEVED , THE DEPARTMENT MAY 13
REQUIRE THAT A PRODU CER RESPONSIBILITY O RGANIZATION AMEND TH E 14
PRODUCER RESPONSIBIL ITY PLAN. 15
9–2405. 16
(A) THERE IS A PRODUCER R ESPONSIBILITY PLAN A DVISORY COUNCIL . 17
(B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO PROVIDE ADVICE TO 18
THE DEPARTMENT AND PRODUC ER RESPONSIBILITY OR GANIZATIONS FOR 19
DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS. 20
(C) (1) THE ADVISORY COUNCIL SHALL CONSIST OF A B ROAD RANGE OF 21
INTERESTED STAKEHOLD ERS APPOINTED BY THE SECRETARY, INCLUDING: 22
(I) REPRESENTATIVES FROM THE FOLLOWING INDUST RIES 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 SENATE BILL 292
(II) A REPRESENTATIVE FROM EACH PRODUCER 1
RESPONSIBILITY ORGAN IZATION; 2
(III) REPRESENTATIVES OF AT LEAST TWO NONPROFIT 3
ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCING W ASTE; 4
(IV) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL 5
ADVOCACY ORGANIZATIO N; 6
(V) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL 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 ADVIS ORY COUNCIL , THE 11
SECRETARY SHALL , TO THE EXTENT PRACTI CABLE, ENSURE THAT THE 12
MEMBERSHIP OF THE AD VISORY COUNCIL REPRE SENTS: 13
(I) ALL GEOGRAPHIC REGION S OF THE STATE; 14
(II) LARGE AND SMALL COUNT IES AND MUNICIPALITI ES; AND 15
(III) THE VARIABILITY IN HO W WASTE AND RECYCLAB LE AND 16
COMPOSTABLE MATERIAL S ARE COLLECTED AND PROCESSED IN THE STATE. 17
(D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY 18
SHALL DESIGNATE TWO REPRESENTATIVES TO S ERVE AS COCHAIRS . 19
(E) A MEMBER OF THE A DVISORY 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 QUARTE RLY. 25
(G) THE ADVISORY COUNCIL SHALL: 26
(1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY 27
ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A 28 SENATE BILL 292 19
PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 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 RECOMMENDATIONS 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 RESPONSIBILI TY 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 M AY REQUEST REIMBURSE MENT 15
FROM A PRODUCER RESP ONSIBILITY OR GANIZATION FOR COSTS ASSOCIATED WITH 16
COLLECTING, TRANSPORTING , AND PROCESSING PACKAGING MATERIALS THAT ARE 17
IDENTIFIED UNDER THE PLAN, INCLUDING COSTS ASSO CIATED WITH RECYCLIN G 18
SERVICES FOR BUSINES SES, SCHOOLS, PUBLIC PLACES , RESIDENTIAL HOUSING , 19
INCLUDING MULTIFAMILY HOUSING , AND ANY OTHER ENTITY . 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 REPO RT TO THE 24
DEPARTMENT ON THE PROGRES S TOWARD MEETING PLA N REQUIREMENTS AND 25
GOALS FOR THE IMMEDI ATELY PRECEDING YEAR . 26
(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 27
SHALL INCLUDE : 28
(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 29
USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKAGING 30
MATERIALS; 31
20 SENATE BILL 292
(2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS 1
ESTABLISHED UNDER § 9–2404(B)(3) OF THIS SUBTITLE; AND 2
(II) IF THE GOALS HAVE NOT BEEN ACHIEV ED, A DESCRIPTION 3
OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS; 4
(3) THE AMOUNT OF EACH PACKAGING MATERIAL TYPE COLLEC TED 5
IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EA CH PACKAGING 6
MATERIAL TYPE ; 7
(4) (I) THE NUMBER OF BEVE RAGE CONTAINERS SOLD IN THE 8
STATE AND THE NUMBER COLLECTED, BY MATERIAL TYPE ; 9
(II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE OF 10
RECYCLING OF BEVERAG E CONTAINERS BY MATE RIAL TYPE, AFTER SUBTRACTING 11
CONTAMINATION RATES , AND BY NUMBER OF UNI TS AND 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 I MPROVEMENTS MADE IN THE 16
REPORTING YEAR TO IN CREASE THE EASE AND CONVENIEN CE FOR CONSUMERS TO 17
RETURN BEVERAGE CONT AINERS; 18
3. A DESCRIPTION OF UNDER SERVED AREAS AND 19
ACTIONS THAT WILL BE TAKEN BY THE PRODUCE R RESPONSIBILITY ORG ANIZATION 20
TO IMPROVE THE AVAIL ABILITY OF COLLECTIO N FACILITIES OR POIN TS IN 21
UNDERSERVED AREAS ; AND 22
4. ANY OTHER INFORMATION ON BEVERAGE 23
CONTAINERS REQUIRED BY THE DEPARTMENT ; 24
(5) THE TOTAL COST OF IMP LEMENTING THE PLAN , AS DETERMINED 25
BY AN INDEPENDENT FI NANCIAL AUDITOR INCL UDING: 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
SENATE BILL 292 21
(6) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO 1
CONSUMERS OR OTHER E NTITIES; 2
(7) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN 3
EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS, 4
INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 5
OF THE PLAN CAN BE I MPROVED; 6
(8) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN MARKE T 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 ORGAN IZATION SHALL BE KEP T 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 PR ODUCER 16
RESPONSIBILI TY ORGANIZATION . 17
9–2408. 18
ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY 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 SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 25
SUBTITLE. 26
9–2410. 27
A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION THAT VIOLATE S 28
THIS SUBTITLE IS SUB JECT TO: 29
(1) FOR A FIRST VIOLATION, A CIVIL PENALTY OF $5,000; 30
22 SENATE BILL 292
(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