Maryland 2023 Regular Session

Maryland House Bill HB255 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0255*
96
107 HOUSE BILL 255
118 M3 3lr0680
129 HB 18/22 – ENT & ECM CF SB 260
1310 By: Delegates Boyce, Addison, Allen, Amprey, D. Barnes, Barve, Bridges,
1411 Charkoudian, Charles, Conaway, Ebersole, Edelson, Embry, Feldmark,
1512 Fennell, Harrison, Healey, Holmes, Kaufman, Lehman, R. Lewis, J. Long,
1613 Love, McCaskill, Patterson, Rosenberg, Ruth, Sample –Hughes, Smith,
1714 Stein, Stewart, Taveras, Terrasa, Turner, Wells, Wilkins, and Woods
1815 Introduced and read first time: January 25, 2023
1916 Assigned to: Environment and Transportation and Economic Matters
20-Committee Report: Favorable
21-House action: Adopted
22-Read second time: March 24, 2023
2317
24-CHAPTER ______
18+A BILL ENTITLED
2519
2620 AN ACT concerning 1
2721
2822 Maryland Paint Stewardship 2
2923
3024 FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3
3125 State or a certain representative organization to submit a plan for the establishment 4
3226 of a Paint Stewardship Program to the Department of the Environment for approval 5
3327 on or before a certain date and in accordance with certain requirements; requiring a 6
3428 certain plan to establish a certain assessment on architectural paint sold in the State 7
3529 that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8
3630 transporting, and processing postconsumer paint statewide; requiring the Office of 9
3731 Recycling within the Department to review and approve certain plans, including a 10
3832 certain assessment, submitted in accordance with the Paint Stewardship Program; 11
3933 requiring certain producers and retailers or distributors to add a certain assessment 12
4034 to the cost of all architectural paint sold in the State beginning on a certain date; 13
4135 requiring a certain producer or representative organization to implement a certain 14
4236 program within a certain amount of time after the Department approves a certain 15
4337 plan; prohibiting a producer or retailer from selling or offering for sale certain 16
4438 architectural paint under certain circumstances beginning on a certain date or after 17
4539 a certain amount of time after the Department approves a certain plan, whichever 18
4640 is later; and generally relating to the Paint Stewardship Program. 19
4741
48-BY repealing and reenacting, without amendments, 20 2 HOUSE BILL 255
42+BY repealing and reenacting, without amendments, 20
43+ Article – Environment 21
44+Section 9–1701(a), (i), and (m) and 9–1705 22
45+ Annotated Code of Maryland 23
46+ (2014 Replacement Volume and 2022 Supplement) 24
47+
48+BY adding to 25 2 HOUSE BILL 255
4949
5050
5151 Article – Environment 1
52-Section 9–1701(a), (i), and (m) and 9–1705 2
53- Annotated Code of Maryland 3
54- (2014 Replacement Volume and 2022 Supplement) 4
52+Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 2
53+and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 3
54+ Annotated Code of Maryland 4
55+ (2014 Replacement Volume and 2022 Supplement) 5
5556
56-BY adding to 5
57- Article – Environment 6
58-Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 7
59-and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 8
57+BY repealing and reenacting, with amendments, 6
58+ Article – Environment 7
59+Section 9–1701(i–1), 9–1702, and 9–1707(f) 8
6060 Annotated Code of Maryland 9
6161 (2014 Replacement Volume and 2022 Supplement) 10
6262
63-BY repealing and reenacting, with amendments, 11
64- Article – Environment 12
65-Section 9–1701(i–1), 9–1702, and 9–1707(f) 13
66- Annotated Code of Maryland 14
67- (2014 Replacement Volume and 2022 Supplement) 15
63+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 11
64+That the Laws of Maryland read as follows: 12
6865
69- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
70-That the Laws of Maryland read as follows: 17
66+Article – Environment 13
7167
72-Article – Environment 18
68+9–1701. 14
7369
74-9–1701. 19
70+ (a) In this subtitle the following words have the meanings indicated. 15
7571
76- (a) In this subtitle the following words have the meanings indicated. 20
72+ (B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 16
73+ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 17
7774
78- (B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 21
79-ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 22
75+ (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 18
76+COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 19
8077
81- (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 23
82-COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 24
78+ (i) “Director” means the Director of the Office of Recycling. 20
8379
84- (i) “Director” means the Director of the Office of Recycling. 25
80+ (I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 21
81+RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 22
82+ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 23
8583
86- (I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 26
87-RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 27
88-ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 28
84+ [(i–1)] (I–2)Food residuals” means material derived from the processing or 24
85+discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 25
86+products, and meats. 26
8987
90- [(i–1)] (I–2) “Food residuals” means material derived from the processing or 29
91-discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 30
92-products, and meats. 31
88+ (m) “Office” means the Office of Recycling within the Department. 27
9389
94- (m) “Office” means the Office of Recycling within the Department. 32
90+ (O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 28
91+THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 29
92+NECESSARY TO COVER THE PAINT STEWARDSHIP PROGRAM’S COST OF 30
93+COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 31
94+STATEWIDE. 32
9595 HOUSE BILL 255 3
9696
9797
98- (O–1) “PAINT STEWARDSHIP ASSESSMENT” MEANS THE AMOUNT ADD ED TO 1
99-THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 2
100-NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 3
101-COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 4
102-STATEWIDE. 5
98+ (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 1
99+AND NO LONGER WANTED BY A PURCHASER . 2
103100
104- (O–2) “POSTCONSUME R PAINT” MEANS ARCHITECTURAL PAINT NOT USED 6
105-AND NO LONGER WANTED BY A PURCHASER . 7
101+ (O–3) “PRODUCER” MEANS A MANU FACTURER OF ARCHITEC TURAL PAINT 3
102+THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 4
103+THE PRODUCER ’S OWN NAME OR BRAND . 5
106104
107- (O3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 8
108-THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 9
109-THE PRODUCER ’S OWN NAME OR BRAND . 10
105+ (R2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 6
106+ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 7
107+PROGRAM. 8
110108
111- (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 11
112-ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 12
113-PROGRAM. 13
109+ (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 9
110+FOR SALE AT RETAIL I N THE STATE. 10
114111
115- (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 14
116-FOR SALE AT RETAIL I N THE STATE. 15
112+ (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 11
113+CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 12
114+OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 13
115+MEANS. 14
117116
118- (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER OF T ITLE FOR 16
119-CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 17
120-OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 18
121-MEANS. 19
117+9–1702. 15
122118
123-9–1702. 20
119+ (a) There is an Office of Recycling created within the Department. 16
124120
125- (a) There is an Office of Recycling created within the Department. 21
121+ (b) The Secretary shall appoint a Director and sufficient staff to perform the 17
122+functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 18
123+budget. 19
126124
127- (b) The Secretary shall appoint a Director and sufficient staff to perform the 22
128-functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 23
129-budget. 24
125+ (c) The Secretary may adopt regulations to carry out the provisions of this 20
126+subtitle. 21
130127
131- (c) The Secretary may adopt regulations to carry out the provisions of this 25
132-subtitle. 26
128+ (d) The Office shall: 22
133129
134- (d) The Office shall: 27
130+ (1) Assist the counties in developing an acceptable recycling plan required 23
131+under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 24
132+the local governments; 25
135133
136- (1) Assist the counties in developing an acceptable recycling plan required 28
137-under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 29
138-the local governments; 30
134+ (2) Coordinate the efforts of the State to facilitate the implementation of 26
135+the recycling goals at the county level; 27
139136
140- (2) Coordinate the efforts of the State to facilitate the implementation of 31
141-the recycling goals at the county level; 32
137+ (3) Review all recycling plans submitted as part of a county plan as 28
138+required under § 9–505 of this title and advise the Secretary on the adequacy of the 29
139+recycling plan; 30
140+
141+ (4) Administer the Statewide Electronics Recycling Program under Part IV 31
142+of this subtitle; [and] 32
142143 4 HOUSE BILL 255
143144
144145
145- (3) Review all recycling plans submitted as part of a county plan as 1
146-required under § 9–505 of this title and advise the Secretary on the adequacy of the 2
147-recycling plan; 3
146+ (5) Promote the development of markets for recycled materials and 1
147+recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 2
148148
149- (4) Administer the Statewide Electronics Recycling Program under Part IV 4
150-of this subtitle; [and] 5
149+ (6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 3
150+THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN AC CORDANCE WITH A PAINT 4
151+STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 5
151152
152- (5) Promote the development of markets for recycled materials and 6
153-recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 7
153+ (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 6
154+coordination with the Maryland Environmental Service, study and report to the Governor 7
155+and, subject to § 2–1257 of the State Government Article, the General Assembly on: 8
154156
155- (6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 8
156-THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 9
157-STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 10
157+ (1) The identification and location of recycling centers, including an 9
158+analysis of existing recycling centers and the need to expand these facilities or construct 10
159+new recycling centers; 11
158160
159- (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 11
160-coordination with the Maryland Environmental Service, study and report to the Governor 12
161-and, subject to § 2–1257 of the State Government Article, the General Assembly on: 13
161+ (2) Programs necessary to educate the public on the need to participate in 12
162+recycling efforts; 13
162163
163- (1) The identification and location of recycling centers, including an 14
164-analysis of existing recycling centers and the need to expand these facilities or construct 15
165-new recycling centers; 16
164+ (3) The economics and financing of existing and proposed systems of waste 14
165+disposal and recycling; 15
166166
167- (2) Programs necessary to educate the public on the need to participate in 17
168-recycling efforts; 18
167+ (4) State procurement policies for the purchase of recycled materials; 16
169168
170- (3) The economics and financing of existing and proposed systems of waste 19
171-disposal and recycling; 20
169+ (5) Programs necessary to reduce the amount of solid waste generated for 17
170+disposal by a State agency or unit; 18
172171
173- (4) State procurement policies for the purchase of recycled materials; 21
172+ (6) The liaison role with local governments, the federal government, and 19
173+the private sector; 20
174174
175- (5) Programs necessary to reduce the amount of solid waste generated for 22
176-disposal by a State agency or unit; 23
175+ (7) The percentage reduction in the amount of solid waste that has been 21
176+achieved by each county; and 22
177177
178- (6) The liaison role with local governments, the federal government, and 24
179-the private sector; 25
178+ (8) Economically feasible methods for the recycling of scrap automobile 23
179+tires, batteries, and white goods. 24
180180
181- (7) The percentage reduction in the amount of solid waste that has been 26
182-achieved by each county; and 27
181+ (f) (1) By December 1, 1988, the Office shall, in coordination with the 25
182+Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 26
183+recommendations to the General Assembly for the financing of a comprehensive system of 27
184+recycling at the State and local level, including funding for recycling centers, recycling 28
185+equipment, recycling education, and marketing strategies. 29
183186
184- (8) Economically feasible methods for the recycling of scrap automobile 28
185-tires, batteries, and white goods. 29
186-
187- (f) (1) By December 1, 1988, the Office shall, in coordination with the 30
188-Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 31
189-recommendations to the General Assembly for the financing of a comprehensive system of 32
190-recycling at the State and local level, including funding for recycling centers, recycling 33
191-equipment, recycling education, and marketing strategies. 34 HOUSE BILL 255 5
187+ (2) After the financing recommendations are made under paragraph (1) of 30
188+this subsection, each county may submit to the Office and the Governor a detailed request 31
189+for funds necessary to assist in the development and implementation of a recycling plan 32
190+under guidelines developed by the Office. 33
191+ HOUSE BILL 255 5
192192
193193
194+ (g) In studying feasible methods for the management and recycling of used tires 1
195+under subsection (e)(9) of this section, the Office of Recycling shall consult with the 2
196+appropriate industry, including representatives of: 3
194197
195- (2) After the financing recommendations are made under paragraph (1) of 1
196-this subsection, each county may submit to the Office and the Governor a detailed request 2
197-for funds necessary to assist in the development and implementation of a recycling plan 3
198-under guidelines developed by the Office. 4
198+ (1) Tire manufacturers; 4
199199
200- (g) In studying feasible methods for the management and recycling of used tires 5
201-under subsection (e)(9) of this section, the Office of Recycling shall consult with the 6
202-appropriate industry, including representatives of: 7
200+ (2) Tire dealers; and 5
203201
204- (1) Tire manufacturers; 8
202+ (3) Tire recyclers. 6
205203
206- (2) Tire dealers; and 9
204+9–1705. 7
207205
208- (3) Tire recyclers. 10
206+ (a) Beginning on July 1, 1990, and biannually thereafter, each county which has 8
207+not achieved the percentage of reduction in its solid waste stream required by this article 9
208+shall, as a part of its solid waste plan update, provide a report to the Department which 10
209+shall include: 11
209210
210-9–1705. 11
211+ (1) The total amount, by weight, of solid waste collected; 12
211212
212- (a) Beginning on July 1, 1990, and biannually thereafter, each county which has 12
213-not achieved the percentage of reduction in its solid waste stream required by this article 13
214-shall, as a part of its solid waste plan update, provide a report to the Department which 14
215-shall include: 15
213+ (2) The total amount, by weight, of solid waste disposed of at solid waste 13
214+acceptance facilities; 14
216215
217- (1) The total amount, by weight, of solid waste collected; 16
216+ (3) The amount and types of materials recycled; 15
218217
219- (2) The total amount, by weight, of solid waste disposed of at solid waste 17
220-acceptance facilities; 18
218+ (4) The methods of disposal of solid waste used, other than recycling; and 16
221219
222- (3) The amount and types of materials recycled; 19
220+ (5) The percentage reduction in the solid waste stream that has been 17
221+achieved. 18
223222
224- (4) The methods of disposal of solid waste used, other than recycling; and 20
223+ (b) A county that has achieved the percentage of solid waste stream reduction 19
224+required by this article shall provide the report described in subsection (a) of this section to 20
225+the Department annually, on a calendar year basis. 21
225226
226- (5) The percentage reduction in the solid waste stream that has been 21
227-achieved. 22
227+ (c) All reports shall be provided within 90 days after the close of the annual or 22
228+biannual reporting period. 23
228229
229- (b) A county that has achieved the percentage of solid waste stream reduction 23
230-required by this article shall provide the report described in subsection (a) of this section to 24
231-the Department annually, on a calendar year basis. 25
230+9–1707. 24
232231
233- (c) All reports shall be provided within 90 days after the close of the annual or 26
234-biannual reporting period. 27
232+ (f) (1) There is a State Recycling Trust Fund. 25
235233
236-9–1707. 28
234+ (2) The Fund shall consist of: 26
237235
238- (f) (1) There is a State Recycling Trust Fund. 29
236+ (i) The newsprint recycling incentive fee; 27
239237
240- (2) The Fund shall consist of: 30 6 HOUSE BILL 255
238+ (ii) The telephone directory recycling incentive fee collected under § 28
239+9–1709 of this subtitle; 29
240+ 6 HOUSE BILL 255
241241
242242
243+ (iii) The covered electronic device manufacturer registration fee 1
244+collected under § 9–1728 of this subtitle; 2
243245
244- (i) The newsprint recycling incentive fee; 1
246+ (IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 3
247+REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 4
245248
246- (ii) The telephone directory recycling incentive fee collected under § 2
247-9–1709 of this subtitle; 3
249+ [(iv)] (V) All fines and penalties collected under this subtitle; 5
248250
249- (iii) The covered electronic device manufacturer registration fee 4
250-collected under § 9–1728 of this subtitle; 5
251+ [(v)] (VI) Money appropriated in the State budget to the Fund; and 6
251252
252- (IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 6
253-REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 7
253+ [(vi)] (VII) Any other money from any other source accepted for the 7
254+benefit of the Fund. 8
254255
255- [(iv)] (V) All fines and penalties collected under this subtitle; 8
256+ (3) The Secretary shall administer the Fund. 9
256257
257- [(v)] (VI) Money appropriated in the State budget to the Fund; and 9
258+ (4) The Treasurer shall hold the Fund separately and the Comptroller shall 10
259+account for the Fund. 11
258260
259- [(vi)] (VII) Any other money from any other source accepted for the 10
260-benefit of the Fund. 11
261+ (5) At the end of each fiscal year, any unspent or unencumbered balance in 12
262+the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 13
263+accordance with § 7–302 of the State Finance and Procurement Article. 14
261264
262- (3) The Secretary shall administer the Fund. 12
265+ (6) In accordance with the State budget, the Fund shall be used only: 15
263266
264- (4) The Treasurer shall hold the Fund separately and the Comptroller shall 13
265-account for the Fund. 14
267+ (i) To provide grants to the counties to be used by the counties to 16
268+develop and implement local recycling plans; 17
266269
267- (5) At the end of each fiscal year, any unspent or unencumbered balance in 15
268-the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 16
269-accordance with § 7302 of the State Finance and Procurement Article. 17
270+ (ii) To provide grants to counties that have addressed methods for 18
271+the separate collection and recycling of covered electronic devices in accordance with § 19
272+91703(c)(1) of this subtitle; 20
270273
271- (6) In accordance with the State budget, the Fund shall be used only: 18
274+ (iii) To provide grants to municipalities to be used by the 21
275+municipalities to implement local covered electronic device recycling programs; [and] 22
272276
273- (i) To provide grants to the counties to be used by the counties to 19
274-develop and implement local recycling plans; 20
277+ (IV) TO COVER THE COST S OF THE PAINT STEWARDSHIP 23
278+PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 24
279+REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 25
280+FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 26
275281
276- (ii) To provide grants to counties that have addressed methods for 21
277-the separate collection and recycling of covered electronic devices in accordance with § 22
278-9–1703(c)(1) of this subtitle; 23
282+ [(iv)] (V) To carry out the purposes of the land management 27
283+administration. 28
279284
280- (iii) To provide grants to municipalities to be used by the 24
281-municipalities to implement local covered electronic device recycling programs; [and] 25
282-
283- (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 26
284-PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 27
285-REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 28
286-FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 29
285+ (7) (i) The Treasurer shall invest the money in the Fund in the same 29
286+manner as other State money may be invested. 30
287287 HOUSE BILL 255 7
288288
289289
290- [(iv)] (V) To carry out the purposes of the land management 1
291-administration. 2
290+ (ii) Any investment earnings of the Fund shall be credited to the 1
291+General Fund of the State. 2
292292
293- (7) (i) The Treasurer shall invest the money in the Fund in the same 3
294-manner as other State money may be invested. 4
293+9–1731. RESERVED. 3
295294
296- (ii) Any investment earnings of the Fund shall be credited to the 5
297-General Fund of the State. 6
295+9–1732. RESERVED. 4
298296
299-9–1731. RESERVED. 7
297+PART V. PAINT STEWARDSHIP PROGRAM. 5
300298
301-9–1732. RESERVED. 8
299+9–1733. 6
302300
303-PART V. PAINT STEWARDSHIP PROGRAM. 9
301+ (A) (1) ON OR BEFORE JULY 1, 2024, PRODUCERS OF ARCHITE CTURAL 7
302+PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 8
303+ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 9
304+ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 10
305+APPROVAL. 11
304306
305-9–1733. 10
307+ (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 12
308+AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 13
309+PAINT BY: 14
306310
307- (A) (1) ON OR BEFORE JULY 1, 2024, PRODUCERS OF ARCHITE CTURAL 11
308-PAINT SOLD AT RE TAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 12
309-ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 13
310-ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 14
311-APPROVAL. 15
311+ (I) REDUCING ITS GENERATI ON; 15
312312
313- (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 16
314-AND FINANCIAL RESPONSIBI LITY FOR, THE MANAGEMENT OF PO STCONSUMER 17
315-PAINT BY: 18
313+ (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 16
316314
317- (I) REDUCING ITS GENERATI ON; 19
315+ (III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 17
316+TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 18
317+OF POSTCONSUMER PAIN T. 19
318318
319- (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 20
319+ (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 20
320+STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 21
320321
321- (III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 21
322-TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY , AND DISPOSE 22
323-OF POSTCONSUMER PAIN T. 23
322+ (I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 22
323+EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 23
324+CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 24
324325
325- (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 24
326-STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 25
326+ (II) IDENTIFIES EACH PRODU CER PARTI CIPATING IN THE 25
327+PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 26
328+IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 27
327329
328- (I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 26
329-EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 27
330-CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 28
331-
332- (II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 29
333-PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 30
334-IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 31 8 HOUSE BILL 255
330+ (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 28
331+BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 29
332+WASTE COLLECTION INFRA STRUCTURE IN A MANNE R THAT IS MUTUALLY 30
333+AGREEABLE; AND 31
334+ 8 HOUSE BILL 255
335335
336336
337+ (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 1
338+NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 2
339+BASED ON THE FOLLOWI NG CRITERIA: 3
337340
338- (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 1
339-BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 2
340-WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 3
341-AGREEABLE; AND 4
341+ 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 4
342+SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 5
342343
343- (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 5
344-NUMBER AND DISTR IBUTION OF SITES FOR COLLECTION OF POSTCO NSUMER PAINT 6
345-BASED ON THE FOLLOWI NG CRITERIA: 7
344+ 2. UNLESS OTHERWISE APPR OVED BY THE 6
345+DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 7
346+EVERY 50,000 RESIDENTS. 8
346347
347- 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 8
348-SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 9
348+ (4) THE PLAN MAY IDENTIFY A RETAILER AS A POSTCONSUMER PAINT 9
349+COLLECTION SITE IF : 10
349350
350- 2. UNLESS OTHERWISE APPR OVED BY THE 10
351-DEPARTMENT , ONE ADDITIONAL COLLECTION S ITE SHALL BE ESTABLI SHED FOR 11
352-EVERY 50,000 RESIDENTS. 12
351+ (I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 11
352+PAINT COLLECTION SIT E; 12
353353
354- (4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT 13
355-COLLECTION SITE IF : 14
354+ (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 13
355+LAWS AND REGULATIONS ; AND 14
356356
357- (I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 15
358-PAINT COLLECTION SIT E; 16
357+ (III) THE SITE LOCATION OF THE RETAILER IS CONSISTENT WITH 15
358+MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 16
359+COLLECTION LOCATIONS . 17
359360
360- (II) THE RETAILER IS IN COMPLIANCE WITH ALL APPLICABLE 17
361-LAWS AND REGULATIONS ; AND 18
361+ (5) THE PLAN SHALL ESTABL ISH: 18
362362
363- (III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 19
364-MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 20
365-COLLECTION LOCATIONS . 21
363+ (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 19
364+ARCHITECTURAL PAINT SOLD IN THE STATE; AND 20
366365
367- (5) THE PLAN SHALL ESTABL ISH: 22
366+ (II) A MECHANISM FOR PAINT PRODUCERS PART ICIPATING IN A 21
367+PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 22
368+ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 23
369+CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 24
368370
369- (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 23
370-ARCHITECTURAL PAINT SOLD IN THE STATE; AND 24
371+ (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSH IP ASSESSMENT 25
372+MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 26
373+STEWARDSHIP PROGRAM. 27
371374
372- (II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A 25
373-PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 26
374-ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 27
375-CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 28
376-
377- (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 29
378-MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 30
379-STEWARDSHIP PROGRAM. 31
375+ (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 28
376+EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 29
377+DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE 30
378+PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 31
380379 HOUSE BILL 255 9
381380
382381
383- (7) (I) THE PAINT STEWARDSHIP ASSESSMEN T SHALL BE 1
384-EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 2
385-DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE 3
386-PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 4
382+ (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 1
383+FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 2
387384
388- (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 5
389-FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 6
385+ (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 3
386+IMPLEMENT AND SUSTAIN THE PAINT STEWARDSHIP PROGRAM. 4
390387
391- (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 7
392-IMPLEMENT AND SUSTAIN THE PAINT STEWARDSHIP PROGRAM. 8
388+ (9) A PRODUCER OR REPRESENTATIVE OR GANIZATION SHALL 5
389+SUBMIT A REVISED PLAN OR AMENDMENT TO THE PLAN TO THE DEPARTMENT FOR 6
390+APPROVAL: 7
393391
394- (9) A PRODUCER OR REPRESENTATIVE OR GANIZATION SHALL 9
395-SUBMIT A REVISED PLAN OR AMENDMENT TO THE PLAN TO THE DEPARTMENT FOR 10
396-APPROVAL: 11
392+ (I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 8
397393
398- (I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 12
394+ (II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 9
395+AMOUNT OF THE PAINT STEWARDSHIP ASSESSMENT. 10
399396
400- (II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 13
401-AMOUNT OF THE PAINT STEWARDSHIP ASSESSMENT. 14
397+ (B) (1) THE DEPARTMENT SHALL REVI EW: 11
402398
403- (B) (1) THE DEPARTMENT SHALL REVI EW: 15
399+ (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 12
400+UNDER SUBSECTION (A) OF THIS SECTION; AND 13
404401
405- (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 16
406-UNDER SUBSECTION (A) OF THIS SECTION; AND 17
402+ (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 14
403+AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 15
404+ASSESSMENTS . 16
407405
408- (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 18
409-AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 19
410-ASSESSMENTS . 20
406+ (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 17
407+SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO THE 18
408+DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 19
409+9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 20
410+REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 21
411+AS DETERMINED BY THE DEPARTMENT . 22
411412
412- (2) THE PRODUCER OR REPRESENTATIVE ORGAN IZATION THAT 21
413-SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 22
414-DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 23
415-9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 24
416-REVIEW, INCLUDING ASSOCIA TED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 25
417-AS DETERMINED BY THE DEPARTMENT . 26
413+ (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 23
414+STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 24
415+ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 25
416+SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 26
418417
419- (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 27
420-STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 28
421-ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 29
422-SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 30
418+ (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE PRODUCERS 27
419+AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 28
420+STEWARDSHIP PROGRAM. 29
423421
424- (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 31
425-AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 32
426-STEWARDSHIP PROGRAM. 33 10 HOUSE BILL 255
422+ (C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 30
423+IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 31
424+THE PLAN’S APPROVAL BY THE DEPARTMENT . 32
425+ 10 HOUSE BILL 255
427426
428427
428+ (2) BEGINNING JANUARY 1, 2025, OR 6 MONTHS AFTER PLAN 1
429+APPROVAL, WHICHEVER IS LATER : 2
429430
430- (C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 1
431-IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 2
432-THE PLAN’S APPROVAL BY THE DEPARTMENT . 3
431+ (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 3
432+SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 4
433+THE PRODUCER OF THE BRAND OR A REPRE SENTATIVE ORGANIZATI ON OF WHICH 5
434+THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 6
435+STEWARDSHIP PROGRAM; 7
433436
434- (2) BEGINNING JANUARY 1, 2025, OR 6 MONTHS AFTER PLAN 4
435-APPROVAL, WHICHEVER IS LATER : 5
437+ (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 8
438+ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 9
439+TO THE COST OF ALL ARCHIT ECTURAL PAINT SOLD T O RETAILERS AND 10
440+DISTRIBUTED IN THE STATE; AND 11
436441
437- (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 6
438-SALE A BRAND OF ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE, UNLESS 7
439-THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 8
440-THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 9
441-STEWARDSHIP PROGRAM; 10
442+ (III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 12
443+STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 13
444+PAINT SOLD IN THE STATE. 14
442445
443- (II) A PRODUCER SHALL ADD T HE PAINT STEWAR DSHIP 11
444-ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 12
445-TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 13
446-DISTRIBUTED IN THE STATE; AND 14
446+ (D) A PRODUCER OR REPRESENTATIVE ORGAN IZATION PARTICIPATIN G IN 15
447+AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 16
448+EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 17
447449
448- (III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 15
449-STEWARDSHIP ASSESSME NT TO THE PURCH ASE PRICE OF ALL ARC HITECTURAL 16
450-PAINT SOLD IN THE STATE. 17
450+ (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 18
451+MANAGEMENT OPTIONS F OR ARCHITECTURA L PAINT OFFERED THRO UGH THE 19
452+PROGRAM; AND 20
451453
452- (D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 18
453-AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 19
454-EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 20
454+ (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 21
455+ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 22
456+PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT 23
457+SOLD IN THE STATE. 24
455458
456- (1) INFORMATION REGARDING A VAILABLE END –OF–LIFE 21
457-MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 22
458-PROGRAM; AND 23
459+ (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 25
460+PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 26
461+ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 27
462+ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT’S 28
463+WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 29
464+STEWARDSHIP PROGRAM. 30
459465
460- (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 24
461-ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 25
462-PROGRAM IS INCLUDED I N THE PURCHASE PRICE O F ALL ARCHITECTURAL PAINT 26
463-SOLD IN THE STATE. 27
466+ (F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 31
467+PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 32
468+IS OFFERED FOR DISPO SAL. 33
464469
465- (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 28
466-PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 29
467-ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRODUCER OR 30
468-ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 31
469-WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 32
470-STEWARDSHIP PROGRAM. 33
471- HOUSE BILL 255 11
470+ (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 34
471+THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 35 HOUSE BILL 255 11
472472
473473
474- (F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 1
475-PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 2
476-IS OFFERED FOR DISPO SAL. 3
474+ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 1
475+IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTIT RUST, 2
476+RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 3
477+UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 4
477478
478- (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 4
479-THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 5
480-ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 6
481-IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 7
482-RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 8
483-UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 9
479+ (H) (1) BEGINNING APRIL 1, 2025, AND ANNUALLY THEREAF TER, THE 5
480+PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 6
481+DEPARTME NT THAT DETAILS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 7
484482
485- (H) (1) BEGINNING APRIL 1, 2025, AND ANNUALLY THEREAF TER, THE 10
486-PRODUCER OR REPRESENT ATIVE ORGANIZATION S HALL SUBMIT A REPORT TO THE 11
487-DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 12
483+ (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 8
484+TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 9
488485
489- (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 13
490-TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 14
486+ (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 10
487+THE STATE; 11
491488
492- (II) THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N 15
493-THE STATE; 16
489+ (III) THE VOLUME A ND TYPE OF POSTCONSU MER PAINT 12
490+COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 13
491+RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 14
492+AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 15
493+STATE FOR EACH COUNTY IN THE STATE; 16
494494
495- (III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 17
496-COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 18
497-RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 19
498-AN ACCOUNTING OF THE VOLUME OF POS TCONSUMER PAINT COLL ECTED IN THE 20
499-STATE FOR EACH COUNTY IN THE STATE; 21
495+ (IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAINING THE 17
496+PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 18
497+PAINT STEWARDSHIP AS SESSMENT; AND 19
500498
501- (IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAINING THE 22
502-PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 23
503-PAINT STEWARDSHIP AS SESSMENT; AND 24
499+ (V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 20
500+CONSUMERS OF ARCHITECTURAL PAINT . 21
504501
505- (V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 25
506-CONSUMERS OF ARCHITE CTURAL PAINT. 26
502+ (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 22
503+SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 23
504+FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 24
505+FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 25
506+OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 26
507+OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 27
507508
508- (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 27
509-SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 28
510-FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 29
511-FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 30
512-OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 31
513-OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 32
509+ (3) THE PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 28
510+MAKE AVAILABLE TO EACH CO UNTY THE INFORMATION REQUIRED UNDER 29
511+PARAGRAPH (1)(III) OF THIS SUBSECTION IN A MANNER THAT PRO VIDES A COUNTY 30
512+WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 31
513+DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 32
514514
515- (3) THE PRODUCER OR REPRESEN TATIVE ORGANIZATI ON SHALL 33
516-MAKE AVAILABLE TO EACH CO UNTY THE INFORMATION REQUIRED UNDER 34
517-PARAGRAPH (1)(III) OF THIS SUBSECTION IN A MANNER THAT PRO VIDES A COUNTY 35 12 HOUSE BILL 255
515+ (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 33
516+REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 34
517+ 12 HOUSE BILL 255
518518
519519
520-WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 1
521-DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 2
520+ (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 1
521+PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 2
522+THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 3
523+PROGRAM IN AC CORDANCE WITH SUBSEC TION (A)(5) OF THIS SECTION; AND 4
522524
523- (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 3
524-REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 4
525+ (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 5
526+IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 6
525527
526- (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 5
527-PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 6
528-THE PAINT STEWARDSHIP ASSESSME NT MEETS OR EXCEEDS THE COSTS OF THE 7
529-PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 8
528+ (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 7
529+STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAI NT STEWARDSHIP 8
530+ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 9
531+SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 10
530532
531- (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 9
532-IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 10
533+ (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 11
534+MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 12
533535
534- (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 11
535-STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 12
536-ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 13
537-SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 14
536+ (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 13
537+DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 14
538+KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 15
539+INSPECTION. 16
538540
539- (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATION SHALL 15
540-MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 16
541+ (2) THE DEPARTMENT MAY RELEAS E SUMMARY DA TA THAT DOES 17
542+NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 18
543+RETAILER, OR REPRESENTATIVE OR GANIZATION. 19
541544
542- (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 17
543-DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 18
544-KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBLIC 19
545-INSPECTION. 20
545+9–1734. 20
546546
547- (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 21
548-NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 22
549-RETAILER, OR REPRESENTATIVE OR GANIZATION. 23
547+ (A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 21
548+VIOLATIONS OF THIS P ART. 22
550549
551-9–1734. 24
550+ (B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLLECTED UNDER 23
551+THIS SECTION IN TO THE STATE RECYCLING TRUST FUND ESTABLISHED UNDER § 24
552+9–1707 OF THIS SUBTITLE . 25
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553- (A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 25
554-VIOLATIONS OF THIS P ART. 26
555-
556- (B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLLECTED UNDER 27
557-THIS SECTION IN TO THE STATE RECYCLING TRUST FUND ESTABLISHED UNDER § 28
558-9–1707 OF THIS SUBTITLE . 29
559-
560- SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect July 30
561-1, 2023. 31
554+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
555+1, 2023. 27
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