EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0255*
HOUSE BILL 255
M3 3lr0680
HB 18/22 – ENT & ECM CF SB 260
By: Delegates Boyce, Addison, Allen, Amprey, D. Barnes, Barve, Bridges,
Charkoudian, Charles, Conaway, Ebersole, Edelson, Embry, Feldmark,
Fennell, Harrison, Healey, Holmes, Kaufman, Lehman, R. Lewis, J. Long,
Love, McCaskill, Patterson, Rosenberg, Ruth, Sample –Hughes, Smith,
Stein, Stewart, Taveras, Terrasa, Turner, Wells, Wilkins, and Woods
Introduced and read first time: January 25, 2023
Assigned to: Environment and Transportation and Economic Matters
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) and 9–1705 22
Annotated Code of Maryland 23
(2014 Replacement Volume and 2022 Supplement) 24
BY adding to 25 2 HOUSE BILL 255
Article – Environment 1
Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 2
and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2022 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Environment 7
Section 9–1701(i–1), 9–1702, and 9–1707(f) 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2022 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 11
That the Laws of Maryland read as follows: 12
Article – Environment 13
9–1701. 14
(a) In this subtitle the following words have the meanings indicated. 15
(B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 16
ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 17
(2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 18
COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 19
(i) “Director” means the Director of the Office of Recycling. 20
(I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 21
RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 22
ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 23
[(i–1)] (I–2) “Food residuals” means material derived from the processing or 24
discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 25
products, and meats. 26
(m) “Office” means the Office of Recycling within the Department. 27
(O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 28
THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 29
NECESSARY TO COVER THE PAINT STEWARDSHIP PROGRAM’S COST OF 30
COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 31
STATEWIDE. 32
HOUSE BILL 255 3
(O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 1
AND NO LONGER WANTED BY A PURCHASER . 2
(O–3) “PRODUCER” MEANS A MANU FACTURER OF ARCHITEC TURAL PAINT 3
THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 4
THE PRODUCER ’S OWN NAME OR BRAND . 5
(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 6
ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 7
PROGRAM. 8
(R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 9
FOR SALE AT RETAIL I N THE STATE. 10
(R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 11
CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 12
OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 13
MEANS. 14
9–1702. 15
(a) There is an Office of Recycling created within the Department. 16
(b) The Secretary shall appoint a Director and sufficient staff to perform the 17
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 18
budget. 19
(c) The Secretary may adopt regulations to carry out the provisions of this 20
subtitle. 21
(d) The Office shall: 22
(1) Assist the counties in developing an acceptable recycling plan required 23
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 24
the local governments; 25
(2) Coordinate the efforts of the State to facilitate the implementation of 26
the recycling goals at the county level; 27
(3) Review all recycling plans submitted as part of a county plan as 28
required under § 9–505 of this title and advise the Secretary on the adequacy of the 29
recycling plan; 30
(4) Administer the Statewide Electronics Recycling Program under Part IV 31
of this subtitle; [and] 32
4 HOUSE BILL 255
(5) Promote the development of markets for recycled materials and 1
recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 2
(6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 3
THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN AC CORDANCE WITH A PAINT 4
STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 5
(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 6
coordination with the Maryland Environmental Service, study and report to the Governor 7
and, subject to § 2–1257 of the State Government Article, the General Assembly on: 8
(1) The identification and location of recycling centers, including an 9
analysis of existing recycling centers and the need to expand these facilities or construct 10
new recycling centers; 11
(2) Programs necessary to educate the public on the need to participate in 12
recycling efforts; 13
(3) The economics and financing of existing and proposed systems of waste 14
disposal and recycling; 15
(4) State procurement policies for the purchase of recycled materials; 16
(5) Programs necessary to reduce the amount of solid waste generated for 17
disposal by a State agency or unit; 18
(6) The liaison role with local governments, the federal government, and 19
the private sector; 20
(7) The percentage reduction in the amount of solid waste that has been 21
achieved by each county; and 22
(8) Economically feasible methods for the recycling of scrap automobile 23
tires, batteries, and white goods. 24
(f) (1) By December 1, 1988, the Office shall, in coordination with the 25
Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 26
recommendations to the General Assembly for the financing of a comprehensive system of 27
recycling at the State and local level, including funding for recycling centers, recycling 28
equipment, recycling education, and marketing strategies. 29
(2) After the financing recommendations are made under paragraph (1) of 30
this subsection, each county may submit to the Office and the Governor a detailed request 31
for funds necessary to assist in the development and implementation of a recycling plan 32
under guidelines developed by the Office. 33
HOUSE BILL 255 5
(g) In studying feasible methods for the management and recycling of used tires 1
under subsection (e)(9) of this section, the Office of Recycling shall consult with the 2
appropriate industry, including representatives of: 3
(1) Tire manufacturers; 4
(2) Tire dealers; and 5
(3) Tire recyclers. 6
9–1705. 7
(a) Beginning on July 1, 1990, and biannually thereafter, each county which has 8
not achieved the percentage of reduction in its solid waste stream required by this article 9
shall, as a part of its solid waste plan update, provide a report to the Department which 10
shall include: 11
(1) The total amount, by weight, of solid waste collected; 12
(2) The total amount, by weight, of solid waste disposed of at solid waste 13
acceptance facilities; 14
(3) The amount and types of materials recycled; 15
(4) The methods of disposal of solid waste used, other than recycling; and 16
(5) The percentage reduction in the solid waste stream that has been 17
achieved. 18
(b) A county that has achieved the percentage of solid waste stream reduction 19
required by this article shall provide the report described in subsection (a) of this section to 20
the Department annually, on a calendar year basis. 21
(c) All reports shall be provided within 90 days after the close of the annual or 22
biannual reporting period. 23
9–1707. 24
(f) (1) There is a State Recycling Trust Fund. 25
(2) The Fund shall consist of: 26
(i) The newsprint recycling incentive fee; 27
(ii) The telephone directory recycling incentive fee collected under § 28
9–1709 of this subtitle; 29
6 HOUSE BILL 255
(iii) The covered electronic device manufacturer registration fee 1
collected under § 9–1728 of this subtitle; 2
(IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 3
REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 4
[(iv)] (V) All fines and penalties collected under this subtitle; 5
[(v)] (VI) Money appropriated in the State budget to the Fund; and 6
[(vi)] (VII) Any other money from any other source accepted for the 7
benefit of the Fund. 8
(3) The Secretary shall administer the Fund. 9
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 10
account for the Fund. 11
(5) At the end of each fiscal year, any unspent or unencumbered balance in 12
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 13
accordance with § 7–302 of the State Finance and Procurement Article. 14
(6) In accordance with the State budget, the Fund shall be used only: 15
(i) To provide grants to the counties to be used by the counties to 16
develop and implement local recycling plans; 17
(ii) To provide grants to counties that have addressed methods for 18
the separate collection and recycling of covered electronic devices in accordance with § 19
9–1703(c)(1) of this subtitle; 20
(iii) To provide grants to municipalities to be used by the 21
municipalities to implement local covered electronic device recycling programs; [and] 22
(IV) TO COVER THE COST S OF THE PAINT STEWARDSHIP 23
PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 24
REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 25
FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 26
[(iv)] (V) To carry out the purposes of the land management 27
administration. 28
(7) (i) The Treasurer shall invest the money in the Fund in the same 29
manner as other State money may be invested. 30
HOUSE BILL 255 7
(ii) Any investment earnings of the Fund shall be credited to the 1
General Fund of the State. 2
9–1731. RESERVED. 3
9–1732. RESERVED. 4
PART V. PAINT STEWARDSHIP PROGRAM. 5
9–1733. 6
(A) (1) ON OR BEFORE JULY 1, 2024, PRODUCERS OF ARCHITE CTURAL 7
PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 8
ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 9
ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 10
APPROVAL. 11
(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 12
AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 13
PAINT BY: 14
(I) REDUCING ITS GENERATI ON; 15
(II) PROMOTING ITS REUSE A ND RECYCLING ; AND 16
(III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 17
TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 18
OF POSTCONSUMER PAIN T. 19
(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 20
STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 21
(I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 22
EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 23
CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 24
(II) IDENTIFIES EACH PRODU CER PARTI CIPATING IN THE 25
PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 26
IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 27
(III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 28
BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 29
WASTE COLLECTION INFRA STRUCTURE IN A MANNE R THAT IS MUTUALLY 30
AGREEABLE; AND 31
8 HOUSE BILL 255
(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 1
NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 2
BASED ON THE FOLLOWI NG CRITERIA: 3
1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 4
SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 5
2. UNLESS OTHERWISE APPR OVED BY THE 6
DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 7
EVERY 50,000 RESIDENTS. 8
(4) THE PLAN MAY IDENTIFY A RETAILER AS A POSTCONSUMER PAINT 9
COLLECTION SITE IF : 10
(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 11
PAINT COLLECTION SIT E; 12
(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 13
LAWS AND REGULATIONS ; AND 14
(III) THE SITE LOCATION OF THE RETAILER IS CONSISTENT WITH 15
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 16
COLLECTION LOCATIONS . 17
(5) THE PLAN SHALL ESTABL ISH: 18
(I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 19
ARCHITECTURAL PAINT SOLD IN THE STATE; AND 20
(II) A MECHANISM FOR PAINT PRODUCERS PART ICIPATING IN A 21
PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 22
ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 23
CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 24
(6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSH IP ASSESSMENT 25
MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 26
STEWARDSHIP PROGRAM. 27
(7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 28
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 29
DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE 30
PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 31
HOUSE BILL 255 9
(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 1
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 2
(8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 3
IMPLEMENT AND SUSTAIN THE PAINT STEWARDSHIP PROGRAM. 4
(9) A PRODUCER OR REPRESENTATIVE OR GANIZATION SHALL 5
SUBMIT A REVISED PLAN OR AMENDMENT TO THE PLAN TO THE DEPARTMENT FOR 6
APPROVAL: 7
(I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 8
(II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 9
AMOUNT OF THE PAINT STEWARDSHIP ASSESSMENT. 10
(B) (1) THE DEPARTMENT SHALL REVI EW: 11
(I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 12
UNDER SUBSECTION (A) OF THIS SECTION; AND 13
(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 14
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 15
ASSESSMENTS . 16
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 17
SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO THE 18
DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 19
9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 20
REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 21
AS DETERMINED BY THE DEPARTMENT . 22
(3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 23
STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 24
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 25
SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 26
(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE PRODUCERS 27
AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 28
STEWARDSHIP PROGRAM. 29
(C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 30
IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 31
THE PLAN’S APPROVAL BY THE DEPARTMENT . 32
10 HOUSE BILL 255
(2) BEGINNING JANUARY 1, 2025, OR 6 MONTHS AFTER PLAN 1
APPROVAL, WHICHEVER IS LATER : 2
(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 3
SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 4
THE PRODUCER OF THE BRAND OR A REPRE SENTATIVE ORGANIZATI ON OF WHICH 5
THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 6
STEWARDSHIP PROGRAM; 7
(II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 8
ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 9
TO THE COST OF ALL ARCHIT ECTURAL PAINT SOLD T O RETAILERS AND 10
DISTRIBUTED IN THE STATE; AND 11
(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 12
STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 13
PAINT SOLD IN THE STATE. 14
(D) A PRODUCER OR REPRESENTATIVE ORGAN IZATION PARTICIPATIN G IN 15
AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 16
EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 17
(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 18
MANAGEMENT OPTIONS F OR ARCHITECTURA L PAINT OFFERED THRO UGH THE 19
PROGRAM; AND 20
(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 21
ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 22
PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT 23
SOLD IN THE STATE. 24
(E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 25
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 26
ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 27
ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT’S 28
WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 29
STEWARDSHIP PROGRAM. 30
(F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 31
PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 32
IS OFFERED FOR DISPO SAL. 33
(G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 34
THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 35 HOUSE BILL 255 11
ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 1
IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTIT RUST, 2
RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 3
UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 4
(H) (1) BEGINNING APRIL 1, 2025, AND ANNUALLY THEREAF TER, THE 5
PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 6
DEPARTME NT THAT DETAILS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 7
(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 8
TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 9
(II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 10
THE STATE; 11
(III) THE VOLUME A ND TYPE OF POSTCONSU MER PAINT 12
COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 13
RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 14
AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 15
STATE FOR EACH COUNTY IN THE STATE; 16
(IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAINING THE 17
PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 18
PAINT STEWARDSHIP AS SESSMENT; AND 19
(V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 20
CONSUMERS OF ARCHITECTURAL PAINT . 21
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 22
SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 23
FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 24
FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 25
OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 26
OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 27
(3) THE PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 28
MAKE AVAILABLE TO EACH CO UNTY THE INFORMATION REQUIRED UNDER 29
PARAGRAPH (1)(III) OF THIS SUBSECTION IN A MANNER THAT PRO VIDES A COUNTY 30
WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 31
DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 32
(I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 33
REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 34
12 HOUSE BILL 255
(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 ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 3
PROGRAM IN AC CORDANCE WITH SUBSEC TION (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 PAI NT 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 AN NUAL REPORT AVAILABL E 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 DA TA THAT DOES 17
NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 18
RETAILER, OR REPRESENTATIVE OR GANIZATION. 19
9–1734. 20
(A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 21
VIOLATIONS OF THIS P ART. 22
(B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLLECTED UNDER 23
THIS SECTION IN TO THE STATE RECYCLING TRUST FUND ESTABLISHED UNDER § 24
9–1707 OF THIS SUBTITLE . 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
1, 2023. 27