Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [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. | |
8 | 5 | *hb0255* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 255 | |
11 | 8 | M3 3lr0680 | |
12 | 9 | HB 18/22 – ENT & ECM CF SB 260 | |
13 | 10 | By: Delegates Boyce, Addison, Allen, Amprey, D. Barnes, Barve, Bridges, | |
14 | 11 | Charkoudian, Charles, Conaway, Ebersole, Edelson, Embry, Feldmark, | |
15 | 12 | Fennell, Harrison, Healey, Holmes, Kaufman, Lehman, R. Lewis, J. Long, | |
16 | 13 | Love, McCaskill, Patterson, Rosenberg, Ruth, Sample –Hughes, Smith, | |
17 | 14 | Stein, Stewart, Taveras, Terrasa, Turner, Wells, Wilkins, and Woods | |
18 | 15 | Introduced and read first time: January 25, 2023 | |
19 | 16 | Assigned to: Environment and Transportation and Economic Matters | |
20 | - | Committee Report: Favorable | |
21 | - | House action: Adopted | |
22 | - | Read second time: March 24, 2023 | |
23 | 17 | ||
24 | - | ||
18 | + | A BILL ENTITLED | |
25 | 19 | ||
26 | 20 | AN ACT concerning 1 | |
27 | 21 | ||
28 | 22 | Maryland Paint Stewardship 2 | |
29 | 23 | ||
30 | 24 | FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3 | |
31 | 25 | State or a certain representative organization to submit a plan for the establishment 4 | |
32 | 26 | of a Paint Stewardship Program to the Department of the Environment for approval 5 | |
33 | 27 | on or before a certain date and in accordance with certain requirements; requiring a 6 | |
34 | 28 | certain plan to establish a certain assessment on architectural paint sold in the State 7 | |
35 | 29 | that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8 | |
36 | 30 | transporting, and processing postconsumer paint statewide; requiring the Office of 9 | |
37 | 31 | Recycling within the Department to review and approve certain plans, including a 10 | |
38 | 32 | certain assessment, submitted in accordance with the Paint Stewardship Program; 11 | |
39 | 33 | requiring certain producers and retailers or distributors to add a certain assessment 12 | |
40 | 34 | to the cost of all architectural paint sold in the State beginning on a certain date; 13 | |
41 | 35 | requiring a certain producer or representative organization to implement a certain 14 | |
42 | 36 | program within a certain amount of time after the Department approves a certain 15 | |
43 | 37 | plan; prohibiting a producer or retailer from selling or offering for sale certain 16 | |
44 | 38 | architectural paint under certain circumstances beginning on a certain date or after 17 | |
45 | 39 | a certain amount of time after the Department approves a certain plan, whichever 18 | |
46 | 40 | is later; and generally relating to the Paint Stewardship Program. 19 | |
47 | 41 | ||
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 | |
49 | 49 | ||
50 | 50 | ||
51 | 51 | 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 | |
55 | 56 | ||
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 | |
60 | 60 | Annotated Code of Maryland 9 | |
61 | 61 | (2014 Replacement Volume and 2022 Supplement) 10 | |
62 | 62 | ||
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 | |
68 | 65 | ||
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 | |
71 | 67 | ||
72 | - | ||
68 | + | 9–1701. 14 | |
73 | 69 | ||
74 | - | ||
70 | + | (a) In this subtitle the following words have the meanings indicated. 15 | |
75 | 71 | ||
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 | |
77 | 74 | ||
78 | - | ( | |
79 | - | ||
75 | + | (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 18 | |
76 | + | COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 19 | |
80 | 77 | ||
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 | |
83 | 79 | ||
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 | |
85 | 83 | ||
86 | - | (I–1) “ | |
87 | - | ||
88 | - | ||
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 | |
89 | 87 | ||
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 | |
93 | 89 | ||
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 | |
95 | 95 | HOUSE BILL 255 3 | |
96 | 96 | ||
97 | 97 | ||
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 | |
103 | 100 | ||
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 | |
106 | 104 | ||
107 | - | ( | |
108 | - | ||
109 | - | ||
105 | + | (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 6 | |
106 | + | ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 7 | |
107 | + | PROGRAM. 8 | |
110 | 108 | ||
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 | |
114 | 111 | ||
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 | |
117 | 116 | ||
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 | |
122 | 118 | ||
123 | - | ||
119 | + | (a) There is an Office of Recycling created within the Department. 16 | |
124 | 120 | ||
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 | |
126 | 124 | ||
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 | |
130 | 127 | ||
131 | - | (c) The Secretary may adopt regulations to carry out the provisions of this 25 | |
132 | - | subtitle. 26 | |
128 | + | (d) The Office shall: 22 | |
133 | 129 | ||
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 | |
135 | 133 | ||
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 | |
139 | 136 | ||
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 | |
142 | 143 | 4 HOUSE BILL 255 | |
143 | 144 | ||
144 | 145 | ||
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 | |
148 | 148 | ||
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 | |
151 | 152 | ||
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 | |
154 | 156 | ||
155 | - | ( | |
156 | - | THE | |
157 | - | ||
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 | |
158 | 160 | ||
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 | |
162 | 163 | ||
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 | |
166 | 166 | ||
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 | |
169 | 168 | ||
170 | - | ( | |
171 | - | disposal | |
169 | + | (5) Programs necessary to reduce the amount of solid waste generated for 17 | |
170 | + | disposal by a State agency or unit; 18 | |
172 | 171 | ||
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 | |
174 | 174 | ||
175 | - | ( | |
176 | - | ||
175 | + | (7) The percentage reduction in the amount of solid waste that has been 21 | |
176 | + | achieved by each county; and 22 | |
177 | 177 | ||
178 | - | ( | |
179 | - | ||
178 | + | (8) Economically feasible methods for the recycling of scrap automobile 23 | |
179 | + | tires, batteries, and white goods. 24 | |
180 | 180 | ||
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 | |
183 | 186 | ||
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 | |
192 | 192 | ||
193 | 193 | ||
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 | |
194 | 197 | ||
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 | |
199 | 199 | ||
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 | |
203 | 201 | ||
204 | - | ( | |
202 | + | (3) Tire recyclers. 6 | |
205 | 203 | ||
206 | - | ||
204 | + | 9–1705. 7 | |
207 | 205 | ||
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 | |
209 | 210 | ||
210 | - | ||
211 | + | (1) The total amount, by weight, of solid waste collected; 12 | |
211 | 212 | ||
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 | |
216 | 215 | ||
217 | - | ( | |
216 | + | (3) The amount and types of materials recycled; 15 | |
218 | 217 | ||
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 | |
221 | 219 | ||
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 | |
223 | 222 | ||
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 | |
225 | 226 | ||
226 | - | ( | |
227 | - | ||
227 | + | (c) All reports shall be provided within 90 days after the close of the annual or 22 | |
228 | + | biannual reporting period. 23 | |
228 | 229 | ||
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 | |
232 | 231 | ||
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 | |
235 | 233 | ||
236 | - | ||
234 | + | (2) The Fund shall consist of: 26 | |
237 | 235 | ||
238 | - | ( | |
236 | + | (i) The newsprint recycling incentive fee; 27 | |
239 | 237 | ||
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 | |
241 | 241 | ||
242 | 242 | ||
243 | + | (iii) The covered electronic device manufacturer registration fee 1 | |
244 | + | collected under § 9–1728 of this subtitle; 2 | |
243 | 245 | ||
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 | |
245 | 248 | ||
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 | |
248 | 250 | ||
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 | |
251 | 252 | ||
252 | - | ( | |
253 | - | ||
253 | + | [(vi)] (VII) Any other money from any other source accepted for the 7 | |
254 | + | benefit of the Fund. 8 | |
254 | 255 | ||
255 | - | ||
256 | + | (3) The Secretary shall administer the Fund. 9 | |
256 | 257 | ||
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 | |
258 | 260 | ||
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 | |
261 | 264 | ||
262 | - | ( | |
265 | + | (6) In accordance with the State budget, the Fund shall be used only: 15 | |
263 | 266 | ||
264 | - | ( | |
265 | - | ||
267 | + | (i) To provide grants to the counties to be used by the counties to 16 | |
268 | + | develop and implement local recycling plans; 17 | |
266 | 269 | ||
267 | - | ( | |
268 | - | the | |
269 | - | ||
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 | + | 9–1703(c)(1) of this subtitle; 20 | |
270 | 273 | ||
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 | |
272 | 276 | ||
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 | |
275 | 281 | ||
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 | |
279 | 284 | ||
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 | |
287 | 287 | HOUSE BILL 255 7 | |
288 | 288 | ||
289 | 289 | ||
290 | - | ||
291 | - | ||
290 | + | (ii) Any investment earnings of the Fund shall be credited to the 1 | |
291 | + | General Fund of the State. 2 | |
292 | 292 | ||
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 | |
295 | 294 | ||
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 | |
298 | 296 | ||
299 | - | ||
297 | + | PART V. PAINT STEWARDSHIP PROGRAM. 5 | |
300 | 298 | ||
301 | - | 9– | |
299 | + | 9–1733. 6 | |
302 | 300 | ||
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 | |
304 | 306 | ||
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 | |
306 | 310 | ||
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 | |
312 | 312 | ||
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 | |
316 | 314 | ||
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 | |
318 | 318 | ||
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 | |
320 | 321 | ||
321 | - | ( | |
322 | - | ||
323 | - | ||
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 | |
324 | 325 | ||
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 | |
327 | 329 | ||
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 | |
335 | 335 | ||
336 | 336 | ||
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 | |
337 | 340 | ||
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 | |
342 | 343 | ||
343 | - | | |
344 | - | ||
345 | - | ||
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 | |
346 | 347 | ||
347 | - | | |
348 | - | ||
348 | + | (4) THE PLAN MAY IDENTIFY A RETAILER AS A POSTCONSUMER PAINT 9 | |
349 | + | COLLECTION SITE IF : 10 | |
349 | 350 | ||
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 | |
353 | 353 | ||
354 | - | ( | |
355 | - | ||
354 | + | (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 13 | |
355 | + | LAWS AND REGULATIONS ; AND 14 | |
356 | 356 | ||
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 | |
359 | 360 | ||
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 | |
362 | 362 | ||
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 | |
366 | 365 | ||
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 | |
368 | 370 | ||
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 | |
371 | 374 | ||
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 | |
380 | 379 | HOUSE BILL 255 9 | |
381 | 380 | ||
382 | 381 | ||
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 | |
387 | 384 | ||
388 | - | ( | |
389 | - | ||
385 | + | (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 3 | |
386 | + | IMPLEMENT AND SUSTAIN THE PAINT STEWARDSHIP PROGRAM. 4 | |
390 | 387 | ||
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 | |
393 | 391 | ||
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 | |
397 | 393 | ||
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 | |
399 | 396 | ||
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 | |
402 | 398 | ||
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 | |
404 | 401 | ||
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 | |
407 | 405 | ||
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 | |
411 | 412 | ||
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 | |
418 | 417 | ||
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 | |
423 | 421 | ||
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 | |
427 | 426 | ||
428 | 427 | ||
428 | + | (2) BEGINNING JANUARY 1, 2025, OR 6 MONTHS AFTER PLAN 1 | |
429 | + | APPROVAL, WHICHEVER IS LATER : 2 | |
429 | 430 | ||
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 | |
433 | 436 | ||
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 | |
436 | 441 | ||
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 | |
442 | 445 | ||
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 | |
447 | 449 | ||
448 | - | ( | |
449 | - | ||
450 | - | ||
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 | |
451 | 453 | ||
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 | |
455 | 458 | ||
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 | |
459 | 465 | ||
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 | |
464 | 469 | ||
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 | |
472 | 472 | ||
473 | 473 | ||
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 | |
477 | 478 | ||
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 | |
484 | 482 | ||
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 | |
488 | 485 | ||
489 | - | ( | |
490 | - | ||
486 | + | (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 10 | |
487 | + | THE STATE; 11 | |
491 | 488 | ||
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 | |
494 | 494 | ||
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 | |
500 | 498 | ||
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 | |
504 | 501 | ||
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 | |
507 | 508 | ||
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 | |
514 | 514 | ||
515 | - | ( | |
516 | - | ||
517 | - | ||
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 | |
518 | 518 | ||
519 | 519 | ||
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 | |
522 | 524 | ||
523 | - | ( | |
524 | - | ||
525 | + | (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 5 | |
526 | + | IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 6 | |
525 | 527 | ||
526 | - | ( | |
527 | - | ||
528 | - | ||
529 | - | ||
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 | |
530 | 532 | ||
531 | - | ( | |
532 | - | ||
533 | + | (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 11 | |
534 | + | MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 12 | |
533 | 535 | ||
534 | - | ( | |
535 | - | ||
536 | - | ||
537 | - | ||
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 | |
538 | 540 | ||
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 | |
541 | 544 | ||
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 | |
546 | 546 | ||
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 | |
550 | 549 | ||
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 | |
552 | 553 | ||
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 | |
562 | 556 |