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