| Old | New | Differences | |
|---|---|---|---|
| 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 | *hb0284* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 284 | |
| 11 | 8 | M3 3lr0666 | |
| 12 | 9 | SB 292/22 – FIN CF SB 222 | |
| 13 | 10 | By: Delegates Love, Foley, Forbes, Fraser–Hidalgo, D. Jones, Lehman, R. Lewis, | |
| 14 | 11 | Moon, Palakovich Carr, Patterson, Ruth, and Turner | |
| 15 | 12 | Introduced and read first time: January 25, 2023 | |
| 16 | 13 | Assigned to: Environment and Transportation and Economic Matters | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 22, 2023 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | - | Environment – Reducing Packaging Materials – Statewide Recycling Needs 2 | |
| 26 | - | Assessment and Producer Responsibility for Packaging Materials 3 | |
| 19 | + | Environment – Reducing Packaging Materials – Producer Responsibility 2 | |
| 27 | 20 | ||
| 28 | - | FOR the purpose of requiring certain producers of packaging materials to individually or 4 | |
| 29 | - | as part of a producer responsibility organization submit a certain packaging 5 | |
| 30 | - | materials producer responsibility plan to the Department of the Environment for 6 | |
| 31 | - | review and approval on or before a certain date and in accordance with certain 7 | |
| 32 | - | requirements; prohibiting, on or after a certain date, a producer of certain packaging 8 | |
| 33 | - | materials from selling, offering for sale, distributing, or importing certain packaging 9 | |
| 34 | - | materials unless the producer, individually or as part of a producer responsibility 10 | |
| 35 | - | organization, has an approved producer responsibility plan on file with the 11 | |
| 36 | - | Department; requiring a producer responsibility organization to pay certain costs to 12 | |
| 37 | - | the Department; requiring a producer responsibility organization to implement a 13 | |
| 38 | - | producer responsibility plan within a certain amount of time after the Department 14 | |
| 39 | - | approves the producer responsibility plan; establishing a producer responsibility 15 | |
| 40 | - | plan advisory council; authorizing a local government to request reimbursement 16 | |
| 41 | - | from a certain producer that has an approved producer responsibility plan on file 17 | |
| 42 | - | with the Department for certain costs in a certain manner; altering the definition of 18 | |
| 43 | - | “organics recycling” to include the processing of certain compostable packaging 19 | |
| 44 | - | materials in a certain manner; establishing a producer responsibility advisory 20 | |
| 45 | - | council to provide advice and make recommendations regarding establishing and 21 | |
| 46 | - | implementing a producer responsibility program in the State for packaging 22 | |
| 47 | - | materials and to report to certain committees of the General Assembly on or before 23 | |
| 48 | - | a certain date; requiring the Office of Recycling in the Department of the 24 2 HOUSE BILL 284 | |
| 21 | + | FOR the purpose of requiring certain producers of packaging materials to individually or 3 | |
| 22 | + | as part of a producer responsibility organization submit a certain packaging 4 | |
| 23 | + | materials producer responsibility plan to the Department of the Environment for 5 | |
| 24 | + | review and approval on or before a certain date and in accordance with certain 6 | |
| 25 | + | requirements; prohibiting, on or after a certain date, a producer of certain packaging 7 | |
| 26 | + | materials from selling, offering for sale, distributing, or importing certain packaging 8 | |
| 27 | + | materials unless the producer, individually or as part of a producer responsibility 9 | |
| 28 | + | organization, has an approved producer responsibility plan on file with the 10 | |
| 29 | + | Department; requiring a producer responsibility organization to pay certain costs to 11 | |
| 30 | + | the Department; requiring a producer responsibility organization to implement a 12 | |
| 31 | + | producer responsibility plan within a certain amount of time after the Department 13 | |
| 32 | + | approves the producer responsibility plan; establishing a producer responsibility 14 | |
| 33 | + | plan advisory council; authorizing a local government to request reimbursement 15 | |
| 34 | + | from a certain producer that has an approved producer responsibility plan on file 16 | |
| 35 | + | with the Department for certain costs in a certain manner; requiring the Office of 17 | |
| 36 | + | Recycling in the Department to conduct certain statewide recycling needs 18 | |
| 37 | + | assessments in a certain manner and to submit certain reports on the results of the 19 | |
| 38 | + | assessments to the Governor and the General Assembly on or before certain dates; 20 | |
| 39 | + | and generally relating to producer responsibility for packaging materials. 21 | |
| 40 | + | ||
| 41 | + | BY repealing and reenacting, with amendments, 22 | |
| 42 | + | Article – Environment 23 | |
| 43 | + | Section 9–1702 and 9–1707(f) 24 | |
| 44 | + | Annotated Code of Maryland 25 | |
| 45 | + | (2014 Replacement Volume and 2022 Supplement) 26 | |
| 46 | + | ||
| 47 | + | BY adding to 27 | |
| 48 | + | Article – Environment 28 2 HOUSE BILL 284 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Environment to hire an independent contractor to conduct certain statewide 1 | |
| 52 | - | recycling needs assessments in a certain manner and to submit certain reports on 2 | |
| 53 | - | the results of the assessments to the Governor and the General Assembly on or before 3 | |
| 54 | - | certain dates a certain statewide recycling needs assessment in a certain manner 4 | |
| 55 | - | and to submit a certain report to the Governor and the General Assembly on or before 5 | |
| 56 | - | a certain date; and generally relating to a statewide recycling needs assessment and 6 | |
| 57 | - | producer responsibility for packaging materials. 7 | |
| 51 | + | Section 9–1702.2; and 9–2501 through 9–2510 to be under the new subtitle “Subtitle 1 | |
| 52 | + | 25. Producer Responsibility for Packaging Materials” 2 | |
| 53 | + | Annotated Code of Maryland 3 | |
| 54 | + | (2014 Replacement Volume and 2022 Supplement) 4 | |
| 58 | 55 | ||
| 59 | - | BY repealing and reenacting, without amendments, 8 | |
| 60 | - | Article – Environment 9 | |
| 61 | - | Section 9–1701(a) 10 | |
| 62 | - | Annotated Code of Maryland 11 | |
| 63 | - | (2014 Replacement Volume and 2022 Supplement) 12 | |
| 56 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
| 57 | + | That the Laws of Maryland read as follows: 6 | |
| 64 | 58 | ||
| 65 | - | BY repealing and reenacting, with amendments, 13 | |
| 66 | - | Article – Environment 14 | |
| 67 | - | Section 9–1702 and 9–1707(f) 9–1701(n) 15 | |
| 68 | - | Annotated Code of Maryland 16 | |
| 69 | - | (2014 Replacement Volume and 2022 Supplement) 17 | |
| 59 | + | Article – Environment 7 | |
| 70 | 60 | ||
| 71 | - | BY adding to 18 | |
| 72 | - | Article – Environment 19 | |
| 73 | - | Section 9–1702.2; and 9–2501 through 9–2510 and 9–2502 to be under the new 20 | |
| 74 | - | subtitle “Subtitle 25. Producer Responsibility for Packaging Materials” 21 | |
| 75 | - | Annotated Code of Maryland 22 | |
| 76 | - | (2014 Replacement Volume and 2022 Supplement) 23 | |
| 61 | + | 9–1702. 8 | |
| 77 | 62 | ||
| 78 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
| 79 | - | That the Laws of Maryland read as follows: 25 | |
| 63 | + | (a) There is an Office of Recycling created within the Department. 9 | |
| 80 | 64 | ||
| 81 | - | Article – Environment 26 | |
| 65 | + | (b) The Secretary shall appoint a Director and sufficient staff to perform the 10 | |
| 66 | + | functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 11 | |
| 67 | + | budget. 12 | |
| 82 | 68 | ||
| 83 | - | 9–1701. 27 | |
| 69 | + | (c) The Secretary may adopt regulations to carry out the provisions of this 13 | |
| 70 | + | subtitle. 14 | |
| 84 | 71 | ||
| 85 | - | ( | |
| 72 | + | (d) The Office shall: 15 | |
| 86 | 73 | ||
| 87 | - | ||
| 88 | - | ||
| 89 | - | ||
| 74 | + | (1) Assist the counties in developing an acceptable recycling plan required 16 | |
| 75 | + | under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 17 | |
| 76 | + | the local governments; 18 | |
| 90 | 77 | ||
| 91 | - | (2) “Organics recycling” includes anaerobic digestion and composting. 32 | |
| 78 | + | (2) Coordinate the efforts of the State to facilitate the implementation of 19 | |
| 79 | + | the recycling goals at the county level; 20 | |
| 92 | 80 | ||
| 93 | - | 9–1702. 33 | |
| 81 | + | (3) Review all recycling plans submitted as part of a county plan as 21 | |
| 82 | + | required under § 9–505 of this title and advise the Secretary on the adequacy of the 22 | |
| 83 | + | recycling plan; 23 | |
| 94 | 84 | ||
| 95 | - | (a) There is an Office of Recycling created within the Department. 34 | |
| 96 | - | HOUSE BILL 284 3 | |
| 85 | + | (4) Administer the Statewide Electronics Recycling Program under Part IV 24 | |
| 86 | + | of this subtitle; [and] 25 | |
| 87 | + | ||
| 88 | + | (5) Promote the development of markets for recycled materials and 26 | |
| 89 | + | recycled products in the State in accordance with § 9–1702.1 of this subtitle; 27 | |
| 90 | + | ||
| 91 | + | (6) CONDUCT A STATEWIDE R ECYCLING NEEDS ASSES SMENT IN 28 | |
| 92 | + | ACCORDANCE WITH § 9–1702.2 OF THIS SUBTITLE; AND 29 | |
| 93 | + | ||
| 94 | + | (7) REVIEW AND APPROVE , IN CONSULTATION WITH THE PRODUCER 30 | |
| 95 | + | RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS 31 | |
| 96 | + | TITLE, PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN 32 HOUSE BILL 284 3 | |
| 97 | 97 | ||
| 98 | 98 | ||
| 99 | - | (b) The Secretary shall appoint a Director and sufficient staff to perform the 1 | |
| 100 | - | functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 2 | |
| 101 | - | budget. 3 | |
| 99 | + | ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE. 1 | |
| 102 | 100 | ||
| 103 | - | (c) The Secretary may adopt regulations to carry out the provisions of this 4 | |
| 104 | - | subtitle. 5 | |
| 101 | + | (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 2 | |
| 102 | + | coordination with the Maryland Environmental Service, study and report to the Governor 3 | |
| 103 | + | and, subject to § 2–1257 of the State Government Article, the General Assembly on: 4 | |
| 105 | 104 | ||
| 106 | - | (d) The Office shall: 6 | |
| 105 | + | (1) The identification and location of recycling centers, including an 5 | |
| 106 | + | analysis of existing recycling centers and the need to expand these facilities or construct 6 | |
| 107 | + | new recycling centers; 7 | |
| 107 | 108 | ||
| 108 | - | (1) Assist the counties in developing an acceptable recycling plan required 7 | |
| 109 | - | under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 8 | |
| 110 | - | the local governments; 9 | |
| 109 | + | (2) Programs necessary to educate the public on the need to participate in 8 | |
| 110 | + | recycling efforts; 9 | |
| 111 | 111 | ||
| 112 | - | ( | |
| 113 | - | ||
| 112 | + | (3) The economics and financing of existing and proposed systems of waste 10 | |
| 113 | + | disposal and recycling; 11 | |
| 114 | 114 | ||
| 115 | - | (3) Review all recycling plans submitted as part of a county plan as 12 | |
| 116 | - | required under § 9–505 of this title and advise the Secretary on the adequacy of the 13 | |
| 117 | - | recycling plan; 14 | |
| 115 | + | (4) State procurement policies for the purchase of recycled materials; 12 | |
| 118 | 116 | ||
| 119 | - | ( | |
| 120 | - | ||
| 117 | + | (5) Programs necessary to reduce the amount of solid waste generated for 13 | |
| 118 | + | disposal by a State agency or unit; 14 | |
| 121 | 119 | ||
| 122 | - | ( | |
| 123 | - | ||
| 120 | + | (6) The liaison role with local governments, the federal government, and 15 | |
| 121 | + | the private sector; 16 | |
| 124 | 122 | ||
| 125 | - | ( | |
| 126 | - | ||
| 123 | + | (7) The percentage reduction in the amount of solid waste that has been 17 | |
| 124 | + | achieved by each county; and 18 | |
| 127 | 125 | ||
| 128 | - | (7) REVIEW AND APPROVE , IN CONSULTATION WITH THE PRODUCER 21 | |
| 129 | - | RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS 22 | |
| 130 | - | TITLE, PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN 23 | |
| 131 | - | ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE. 24 | |
| 126 | + | (8) Economically feasible methods for the recycling of scrap automobile 19 | |
| 127 | + | tires, batteries, and white goods. 20 | |
| 132 | 128 | ||
| 133 | - | (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 25 | |
| 134 | - | coordination with the Maryland Environmental Service, study and report to the Governor 26 | |
| 135 | - | and, subject to § 2–1257 of the State Government Article, the General Assembly on: 27 | |
| 129 | + | (f) (1) By December 1, 1988, the Office shall, in coordination with the 21 | |
| 130 | + | Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 22 | |
| 131 | + | recommendations to the General Assembly for the financing of a comprehensive system of 23 | |
| 132 | + | recycling at the State and local level, including funding for recycling centers, recycling 24 | |
| 133 | + | equipment, recycling education, and marketing strategies. 25 | |
| 136 | 134 | ||
| 137 | - | (1) The identification and location of recycling centers, including an 28 | |
| 138 | - | analysis of existing recycling centers and the need to expand these facilities or construct 29 | |
| 139 | - | new recycling centers; 30 | |
| 135 | + | (2) After the financing recommendations are made under paragraph (1) of 26 | |
| 136 | + | this subsection, each county may submit to the Office and the Governor a detailed request 27 | |
| 137 | + | for funds necessary to assist in the development and implementation of a recycling plan 28 | |
| 138 | + | under guidelines developed by the Office. 29 | |
| 140 | 139 | ||
| 141 | - | (2) Programs necessary to educate the public on the need to participate in 31 | |
| 142 | - | recycling efforts; 32 | |
| 140 | + | (g) In studying feasible methods for the management and recycling of used tires 30 | |
| 141 | + | under subsection (e)(9) of this section, the Office of Recycling shall consult with the 31 | |
| 142 | + | appropriate industry, including representatives of: 32 | |
| 143 | + | ||
| 144 | + | (1) Tire manufacturers; 33 | |
| 143 | 145 | 4 HOUSE BILL 284 | |
| 144 | 146 | ||
| 145 | 147 | ||
| 146 | - | (3) The economics and financing of existing and proposed systems of waste 1 | |
| 147 | - | disposal and recycling; 2 | |
| 148 | + | (2) Tire dealers; and 1 | |
| 148 | 149 | ||
| 149 | - | ( | |
| 150 | + | (3) Tire recyclers. 2 | |
| 150 | 151 | ||
| 151 | - | (5) Programs necessary to reduce the amount of solid waste generated for 4 | |
| 152 | - | disposal by a State agency or unit; 5 | |
| 152 | + | 9–1702.2. 3 | |
| 153 | 153 | ||
| 154 | - | (6) The liaison role with local governments, the federal government, and 6 | |
| 155 | - | the private sector; 7 | |
| 154 | + | (A) IN THIS SECTION , “ADVISORY COUNCIL ” AND “PRODUCER 4 | |
| 155 | + | RESPONSIBILITY ORGAN IZATION” HAVE THE MEANINGS ST ATED IN § 9–2501 OF THIS 5 | |
| 156 | + | TITLE. 6 | |
| 156 | 157 | ||
| 157 | - | (7) The percentage reduction in the amount of solid waste that has been 8 | |
| 158 | - | achieved by each county; and 9 | |
| 158 | + | (B) IN ACCORDANCE WITH SU BSECTION (D) OF THIS SECTION AND TO CARRY 7 | |
| 159 | + | OUT THE REQUIREMENTS OF § 9–1702(D)(6) OF THIS SUBTITLE, THE OFFICE SHALL 8 | |
| 160 | + | CONDUCT A STATEWIDE RECYCLING NEEDS ASSE SSMENT AT LEAST ONCE EVERY 10 9 | |
| 161 | + | YEARS OR AS RECOMMEN DED BY THE ADVISORY COUNCIL THAT INCLUDES : 10 | |
| 159 | 162 | ||
| 160 | - | ( | |
| 161 | - | ||
| 163 | + | (1) AN EVALUATION OF THE CURRENT INFRASTRUCTU RE AND 11 | |
| 164 | + | CAPACITY RELATED TO , NEED FOR, AND ASSOCIATED COSTS OF: 12 | |
| 162 | 165 | ||
| 163 | - | (f) (1) By December 1, 1988, the Office shall, in coordination with the 12 | |
| 164 | - | Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 13 | |
| 165 | - | recommendations to the General Assembly for the financing of a comprehensive system of 14 | |
| 166 | - | recycling at the State and local level, including funding for recycling centers, recycling 15 | |
| 167 | - | equipment, recycling education, and marketing strategies. 16 | |
| 166 | + | (I) RECYCLING ACCESS AND AVAILABILITY; 13 | |
| 168 | 167 | ||
| 169 | - | (2) After the financing recommendations are made under paragraph (1) of 17 | |
| 170 | - | this subsection, each county may submit to the Office and the Governor a detailed request 18 | |
| 171 | - | for funds necessary to assist in the development and implementation of a recycling plan 19 | |
| 172 | - | under guidelines developed by the Office. 20 | |
| 168 | + | (II) COLLECTING AND HAULIN G RECYCLABLE OR 14 | |
| 169 | + | COMPOSTABLE MATERIAL S IN THE STATE; 15 | |
| 173 | 170 | ||
| 174 | - | (g) In studying feasible methods for the management and recycling of used tires 21 | |
| 175 | - | under subsection (e)(9) of this section, the Office of Recycling shall consult with the 22 | |
| 176 | - | appropriate industry, including representatives of: 23 | |
| 171 | + | (III) PROCESSING RECYCLABLE OR COMPOSTABLE MATER IALS 16 | |
| 172 | + | IN THE STATE; 17 | |
| 177 | 173 | ||
| 178 | - | (1) Tire manufacturers; 24 | |
| 174 | + | (IV) TAKING ADVANTAGE OF F AVORABLE MARKET COND ITIONS 18 | |
| 175 | + | OR OTHER OPPORTUNITI ES FOR INCREASING RE CYCLING OR ORGANICS RECYCLING 19 | |
| 176 | + | IN THE STATE; 20 | |
| 179 | 177 | ||
| 180 | - | (2) Tire dealers; and 25 | |
| 178 | + | (V) IN COORDINATION WITH LOCAL GOVERNMENTS , CONSUMER 21 | |
| 179 | + | EDUCATION REGARDING RECYCLING, ORGANICS RECYCLING , AND CONTAMINATION 22 | |
| 180 | + | REDUCTION; 23 | |
| 181 | 181 | ||
| 182 | - | ( | |
| 182 | + | (VI) REUSE INFRASTRUCTURE ; AND 24 | |
| 183 | 183 | ||
| 184 | - | ||
| 184 | + | (VII) ORGANICS RECYCLING IN FRASTRUCTURE ; 25 | |
| 185 | 185 | ||
| 186 | - | (A) IN THIS SECTION , “ADVISORY COUNCIL ” AND “PRODUCER 28 | |
| 187 | - | RESPONSIBILITY ORGAN IZATION” HAVE THE MEANINGS ST ATED IN § 9–2501 OF THIS 29 | |
| 188 | - | TITLE. 30 | |
| 186 | + | (2) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING 26 | |
| 187 | + | FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS; 27 | |
| 189 | 188 | ||
| 190 | - | (B) IN ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION AND TO CARRY 31 | |
| 191 | - | OUT THE REQUIREMENTS OF § 9–1702(D)(6) OF THIS SUBTITLE, THE OFFICE SHALL 32 HOUSE BILL 284 5 | |
| 189 | + | (3) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING SYSTEM 28 | |
| 190 | + | FOR WOMEN AND MINORI TY INDIVIDUALS; 29 | |
| 191 | + | HOUSE BILL 284 5 | |
| 192 | 192 | ||
| 193 | 193 | ||
| 194 | - | ||
| 195 | - | ||
| 194 | + | (4) AN EVALUATION OF LOCA L GOVERNMENT REQUIRE MENTS 1 | |
| 195 | + | RELATED TO MULTIFAMI LY RECYCLING SERVICE S AND THEIR IMPLEMEN TATION; 2 | |
| 196 | 196 | ||
| 197 | - | ( | |
| 198 | - | ||
| 197 | + | (5) THE SUFFICIENCY OF RECYCLIN G EDUCATION PROGRAMS 3 | |
| 198 | + | RELATIVE TO DESIRED EQUITY OUTCOMES ; 4 | |
| 199 | 199 | ||
| 200 | - | (I) RECYCLING ACCESS AND AVAILABILITY; 5 | |
| 200 | + | (6) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING SYSTEM 5 | |
| 201 | + | FOR BUSINESSES IN TH E STATE; AND 6 | |
| 201 | 202 | ||
| 202 | - | (II) COLLECTING AND HAULIN G RECYCLABLE OR 6 | |
| 203 | - | COMPOSTABLE MATERIAL S IN THE STATE; 7 | |
| 203 | + | (7) RECOMMENDATIONS FOR I MPROVING EQUITY AND EQUITABLE 7 | |
| 204 | + | OUTCOMES FOR UNDERSE RVED POPULATIONS IN THE STATE’S RECYCLING SYSTEM , 8 | |
| 205 | + | INCLUDING RECOMMENDA TIONS FOR NEW RESPON SIBILITIES OF PRODUC ER 9 | |
| 206 | + | RESPONSIBILITY ORGAN IZATIONS AND RECOMME NDATIONS FOR FUNDING THE NEW 10 | |
| 207 | + | RESPONSIBILITIES . 11 | |
| 204 | 208 | ||
| 205 | - | (III) PROCESSING RECY CLABLE OR COMPOSTABL E MATERIALS 8 | |
| 206 | - | IN THE STATE; 9 | |
| 209 | + | (C) ON OR BEFORE APRIL 1, 2025, AND EACH APRIL 1 EVERY 10 YEARS 12 | |
| 210 | + | THEREAFTER OR AS REC OMMENDED BY THE ADVI SORY COUNCIL , THE OFFICE 13 | |
| 211 | + | SHALL REPORT ON THE RESULTS OF THE MOST RECENT ASSESSMENT CO NDUCTED 14 | |
| 212 | + | UNDER THIS SECTION T O THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 15 | |
| 213 | + | THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 16 | |
| 207 | 214 | ||
| 208 | - | (IV) TAKING ADVANTAGE OF F AVORABLE MARKET COND ITIONS 10 | |
| 209 | - | OR OTHER OPPORTUNITI ES FOR INCREASING RE CYCLING OR ORGANICS RECYCLING 11 | |
| 210 | - | IN THE STATE; 12 | |
| 215 | + | (D) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER THIS SECTION , 17 | |
| 216 | + | THE OFFICE SHALL CONSULT WITH PRODUCER RESPON SIBILITY ORGANIZATIO NS, 18 | |
| 217 | + | THE PRODUCER RESPONS IBILITY PLAN ADVISOR Y COUNCIL ESTABLISHE D UNDER § 19 | |
| 218 | + | 9–2505 OF THIS TITLE , APPROPRIATE LOCAL GO VERNMENTAL ENTITIES , AND 20 | |
| 219 | + | REGIONAL SOLID WASTE ORGANIZATIONS IN THE STATE. 21 | |
| 211 | 220 | ||
| 212 | - | ( | |
| 213 | - | ||
| 214 | - | ||
| 221 | + | (E) THE OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY 22 | |
| 222 | + | PRODUCER RESPONSIBIL ITY ORGANIZATIONS TO COVER THE COSTS ASSO CIATED 23 | |
| 223 | + | WITH CONDUCTING THE ASSESSMENTS REQUIRED UNDER THIS SE CTION. 24 | |
| 215 | 224 | ||
| 216 | - | ||
| 225 | + | 9–1707. 25 | |
| 217 | 226 | ||
| 218 | - | ( | |
| 227 | + | (f) (1) There is a State Recycling Trust Fund. 26 | |
| 219 | 228 | ||
| 220 | - | (2) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING 18 | |
| 221 | - | FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS; 19 | |
| 229 | + | (2) The Fund shall consist of: 27 | |
| 222 | 230 | ||
| 223 | - | (3) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING SYSTEM 20 | |
| 224 | - | FOR WOMEN AND MINORI TY INDIVIDUALS; 21 | |
| 231 | + | (i) The newsprint recycling incentive fee; 28 | |
| 225 | 232 | ||
| 226 | - | ( | |
| 227 | - | ||
| 233 | + | (ii) The telephone directory recycling incentive fee collected under § 29 | |
| 234 | + | 9–1709 of this subtitle; 30 | |
| 228 | 235 | ||
| 229 | - | (5) THE SUFFICIENCY OF RE CYCLING EDUCATION PROGRAMS 24 | |
| 230 | - | RELATIVE TO DESIRED EQUITY OUTCOMES ; 25 | |
| 231 | - | ||
| 232 | - | (6) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING SYSTEM 26 | |
| 233 | - | FOR BUSINESSES IN TH E STATE; AND 27 | |
| 234 | - | ||
| 235 | - | (7) RECOMMENDATIONS FOR I MPROVING EQUITY AND EQUITABLE 28 | |
| 236 | - | OUTCOMES FOR UNDERSE RVED POPULATIONS IN THE STATE’S RECYCLING SYSTEM , 29 | |
| 237 | - | INCLUDING RECOMMENDA TIONS FOR NEW RESPON SIBILITIES OF PRODUC ER 30 6 HOUSE BILL 284 | |
| 236 | + | (iii) The covered electronic device manufacturer registration fee 31 | |
| 237 | + | collected under § 9–1728 of this subtitle; 32 6 HOUSE BILL 284 | |
| 238 | 238 | ||
| 239 | 239 | ||
| 240 | - | RESPONSIBILITY ORGAN IZATIONS AND RECOMME NDATIONS FOR FUNDING THE NEW 1 | |
| 241 | - | RESPONSIBILITIES . 2 | |
| 242 | 240 | ||
| 243 | - | (C) ON OR BEFORE APRIL 1, 2025, AND EACH APRIL 1 EVERY 10 YEARS 3 | |
| 244 | - | THEREAFTER OR AS RECOMMENDED BY TH E ADVISORY COUNCIL , THE OFFICE 4 | |
| 245 | - | SHALL REPORT ON THE RESULTS OF THE MOST RECENT ASSESSMENT CO NDUCTED 5 | |
| 246 | - | UNDER THIS SECTION T O THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 6 | |
| 247 | - | THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 7 | |
| 241 | + | (IV) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY 1 | |
| 242 | + | ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 25 OF THIS 2 | |
| 243 | + | TITLE; 3 | |
| 248 | 244 | ||
| 249 | - | (D) IN CONDUCTING THE ASSESSMENT REQUIRED UNDER THIS SECTION, 8 | |
| 250 | - | THE OFFICE SHALL CONSULT WITH PRODUCER RESPON SIBILITY ORGANIZATIO NS, 9 | |
| 251 | - | THE PRODUCER RESPONS IBILITY PLAN ADVISOR Y COUNCIL ESTABLISHE D UNDER § 10 | |
| 252 | - | 9–2505 OF THIS TITLE , APPROPRIATE LOCAL GO VERNMENTAL ENTITIES , AND 11 | |
| 253 | - | REGIONAL SOLID WASTE ORGANIZATIONS IN THE STATE. 12 | |
| 245 | + | [(iv)] (V) All fines and penalties collected under this subtitle AND § 4 | |
| 246 | + | 9–2510 OF THIS TITLE; 5 | |
| 254 | 247 | ||
| 255 | - | (E) THE OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY 13 | |
| 256 | - | PRODUCER RESPONSIBIL ITY ORGANIZATIONS TO COVER THE COSTS ASSO CIATED 14 | |
| 257 | - | WITH CONDUCTING THE ASSESSMENTS REQUIRED UNDER THIS SECTION . 15 | |
| 248 | + | [(v)] (VI) Money appropriated in the State budget to the Fund; and 6 | |
| 258 | 249 | ||
| 259 | - | 9–1707. 16 | |
| 250 | + | [(vi)] (VII) Any other money from any other source accepted for the 7 | |
| 251 | + | benefit of the Fund. 8 | |
| 260 | 252 | ||
| 261 | - | ( | |
| 253 | + | (3) The Secretary shall administer the Fund. 9 | |
| 262 | 254 | ||
| 263 | - | (2) The Fund shall consist of: 18 | |
| 255 | + | (4) The Treasurer shall hold the Fund separately and the Comptroller shall 10 | |
| 256 | + | account for the Fund. 11 | |
| 264 | 257 | ||
| 265 | - | (i) The newsprint recycling incentive fee; 19 | |
| 258 | + | (5) At the end of each fiscal year, any unspent or unencumbered balance in 12 | |
| 259 | + | the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 13 | |
| 260 | + | accordance with § 7–302 of the State Finance and Procurement Article. 14 | |
| 266 | 261 | ||
| 267 | - | (ii) The telephone directory recycling incentive fee collected under § 20 | |
| 268 | - | 9–1709 of this subtitle; 21 | |
| 262 | + | (6) In accordance with the State budget, the Fund shall be used only: 15 | |
| 269 | 263 | ||
| 270 | - | ( | |
| 271 | - | ||
| 264 | + | (i) To provide grants to the counties to be used by the counties to 16 | |
| 265 | + | develop and implement local recycling plans; 17 | |
| 272 | 266 | ||
| 273 | - | ( | |
| 274 | - | ||
| 275 | - | ||
| 267 | + | (ii) To provide grants to counties that have addressed methods for 18 | |
| 268 | + | the separate collection and recycling of covered electronic devices in accordance with § 19 | |
| 269 | + | 9–1703(c)(1) of this subtitle; 20 | |
| 276 | 270 | ||
| 277 | - | ||
| 278 | - | ||
| 271 | + | (iii) To provide grants to municipalities to be used by the 21 | |
| 272 | + | municipalities to implement local covered electronic device recycling programs; [and] 22 | |
| 279 | 273 | ||
| 280 | - | [(v)] (VI) Money appropriated in the State budget to the Fund; and 29 | |
| 274 | + | (IV) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 23 | |
| 275 | + | SUBSECTION, TO COVER THE COSTS O F THE STATEWIDE RECY CLING NEEDS 24 | |
| 276 | + | ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS SUBTITLE; 25 | |
| 281 | 277 | ||
| 282 | - | [(vi)] (VII) Any other money from any other source accepted for the 30 | |
| 283 | - | benefit of the Fund. 31 | |
| 278 | + | (V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 26 | |
| 279 | + | SUBSECTION, TO COVER THE COSTS O F PRODUCER RESPONSIB ILITY PLAN REVIEW , 27 | |
| 280 | + | OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE; AND 28 | |
| 281 | + | ||
| 282 | + | [(iv)] (VI) To carry out the purposes of the land management 29 | |
| 283 | + | administration. 30 | |
| 284 | 284 | HOUSE BILL 284 7 | |
| 285 | 285 | ||
| 286 | 286 | ||
| 287 | - | ( | |
| 287 | + | (7) (I) THERE SHALL BE A SEPA RATE ACCOUNT WITHIN THE FUND. 1 | |
| 288 | 288 | ||
| 289 | - | (4) The Treasurer shall hold the Fund separately and the Comptroller shall 2 | |
| 290 | - | account for the Fund. 3 | |
| 289 | + | (II) THE SEPARATE ACCOUNT SHALL CONSIST OF : 2 | |
| 291 | 290 | ||
| 292 | - | | |
| 293 | - | ||
| 294 | - | ||
| 291 | + | 1. ANY FEES COLLECTED FR OM PRODUCER 3 | |
| 292 | + | RESPONSIBILITY ORGAN IZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR 4 | |
| 293 | + | SUBTITLE 25 OF THIS TITLE; AND 5 | |
| 295 | 294 | ||
| 296 | - | (6) In accordance with the State budget, the Fund shall be used only: 7 | |
| 295 | + | 2. ALL FINES AND PENALTI ES COLLECTED UNDER § 6 | |
| 296 | + | 9–2510 OF THIS TITLE. 7 | |
| 297 | 297 | ||
| 298 | - | (i) To provide grants to the counties to be used by the counties to 8 | |
| 299 | - | develop and implement local recycling plans; 9 | |
| 298 | + | (III) THE SEPARATE ACCOUNT SHALL BE USED ONLY F OR THE 8 | |
| 299 | + | COSTS OF THE STATEWI DE RECYCLING NEEDS A SSESSMENT CONDUCTED UNDER § 9 | |
| 300 | + | 9–1702.2 OF THIS SUBTITLE AND PRODUCER RESPONSIBIL ITY PLAN REVIEW , 10 | |
| 301 | + | OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE. 11 | |
| 300 | 302 | ||
| 301 | - | (ii) To provide grants to counties that have addressed methods for 10 | |
| 302 | - | the separate collection and recycling of covered electronic devices in accordance with § 11 | |
| 303 | - | 9–1703(c)(1) of this subtitle; 12 | |
| 303 | + | [(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 12 | |
| 304 | + | same manner as other State money may be invested. 13 | |
| 304 | 305 | ||
| 305 | - | ( | |
| 306 | - | ||
| 306 | + | (ii) Any investment earnings of the Fund shall be credited to the 14 | |
| 307 | + | General Fund of the State. 15 | |
| 307 | 308 | ||
| 308 | - | (IV) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 15 | |
| 309 | - | SUBSECTION, TO COVER THE COSTS O F THE STATEWIDE RECY CLING NEEDS 16 | |
| 310 | - | ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS SUBTITLE; 17 | |
| 309 | + | SUBTITLE 25. PRODUCER RESPONSIBILITY FOR PACKAGING MATERIALS. 16 | |
| 311 | 310 | ||
| 312 | - | (V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 18 | |
| 313 | - | SUBSECTION, TO COVER THE COSTS O F PRODUCER RESPONSIB ILITY PLAN REVIEW , 19 | |
| 314 | - | OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE; AND 20 | |
| 311 | + | 9–2501. 17 | |
| 315 | 312 | ||
| 316 | - | ||
| 317 | - | ||
| 313 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18 | |
| 314 | + | INDICATED. 19 | |
| 318 | 315 | ||
| 319 | - | (7) (I) THERE SHALL BE A SEPA RATE ACCOUNT WITHIN THE FUND. 23 | |
| 316 | + | (B) “ADVISORY COUNCIL ” MEANS THE PRODUCER RESPONS IBILITY PLAN 20 | |
| 317 | + | ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS SUBTITLE. 21 | |
| 320 | 318 | ||
| 321 | - | (II) THE SEPARATE ACCOUNT SHALL CONSIST OF : 24 | |
| 319 | + | (C) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE 22 | |
| 320 | + | CONTAINER: 23 | |
| 322 | 321 | ||
| 323 | - | 1 | |
| 324 | - | ||
| 325 | - | ||
| 322 | + | (1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL, 24 | |
| 323 | + | CARTON, POUCH, OR ASEPTIC PACKAGING, SUCH AS A DRINK BOX , OR OF 25 | |
| 324 | + | MULTIMATERIALS ; AND 26 | |
| 326 | 325 | ||
| 327 | - | 2. ALL FINES AND PENALTI ES COLLECTED UNDER § 28 | |
| 328 | - | 9–2510 OF THIS TITLE. 29 | |
| 326 | + | (2) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS. 27 | |
| 329 | 327 | ||
| 330 | - | (III) THE SEPARATE ACCOUNT SHALL BE USED ONLY F OR THE 30 | |
| 331 | - | COSTS OF THE STATEWI DE RECYCLING NEEDS A SSESSMENT CONDUCTED UNDER § 31 8 HOUSE BILL 284 | |
| 328 | + | (D) “LOCAL GOVERNMENT ” MEANS: 28 | |
| 329 | + | ||
| 330 | + | (1) A COUNTY; OR 29 8 HOUSE BILL 284 | |
| 332 | 331 | ||
| 333 | 332 | ||
| 334 | - | 9–1702.2 OF THIS SUBTITLE AND PR ODUCER RESPONSIBILIT Y PLAN REVIEW , 1 | |
| 335 | - | OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE. 2 | |
| 336 | 333 | ||
| 337 | - | [(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 3 | |
| 338 | - | same manner as other State money may be invested. 4 | |
| 334 | + | (2) A MUNICIPALITY. 1 | |
| 339 | 335 | ||
| 340 | - | (ii) Any investment earnings of the Fund shall be credited to the 5 | |
| 341 | - | General Fund of the State. 6 | |
| 336 | + | (E) (1) “PACKAGING MATERIALS ” MEANS, REGARDLESS OF 2 | |
| 337 | + | RECYCLABILITY , ANY PART OF A PACKAG E OR CONTAINER , INCLUDING MATERIAL 3 | |
| 338 | + | THAT IS USED FOR THE CONTAINMENT , PROTECTION , HANDLING, DELIVERY, AND 4 | |
| 339 | + | PRESENTATION OF A PR ODUCT THAT IS SOLD , OFFERED FOR SALE , IMPORTED, OR 5 | |
| 340 | + | DISTRIBUTED IN THE STATE. 6 | |
| 342 | 341 | ||
| 343 | - | ||
| 342 | + | (2) “PACKAGING MATERIALS ” INCLUDES: 7 | |
| 344 | 343 | ||
| 345 | - | 9–2501. 8 | |
| 344 | + | (I) PRIMARY, SECONDARY , AND TERTIARY PACKAGI NG 8 | |
| 345 | + | INTENDED FOR THE CON SUMER MARKET ; 9 | |
| 346 | 346 | ||
| 347 | - | ( | |
| 348 | - | ||
| 347 | + | (II) SERVICE PACKAGING DES IGNED AND INTENDED T O BE 10 | |
| 348 | + | FILLED AT THE POINT OF SALE, INCLUDING: 11 | |
| 349 | 349 | ||
| 350 | - | (B) “ADVISORY COUNCIL ” MEANS TH E PRODUCER RESPONSIB ILITY PLAN 11 | |
| 351 | - | ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 9–2502 OF THIS SUBTITLE. 12 | |
| 350 | + | 1. CARRY–OUT BAGS; 12 | |
| 352 | 351 | ||
| 353 | - | (C) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE 13 | |
| 354 | - | CONTAINER: 14 | |
| 352 | + | 2. BULK GOODS BAGS ; AND 13 | |
| 355 | 353 | ||
| 356 | - | (1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL, 15 | |
| 357 | - | CARTON, POUCH, OR ASEPTIC PACKAGING, SUCH AS A DRINK BOX , OR OF 16 | |
| 358 | - | MULTIMATERIALS ; AND 17 | |
| 354 | + | 3. TAKE–OUT AND HOME DELIVERY FO OD SERVICE 14 | |
| 355 | + | PACKAGING; AND 15 | |
| 359 | 356 | ||
| 360 | - | ( | |
| 357 | + | (III) BEVERAGE CONTAINERS . 16 | |
| 361 | 358 | ||
| 362 | - | (D) (C) “LOCAL GOVERNMENT ” MEANS: 19 | |
| 359 | + | (3) “PACKAGING MATERIALS ” DOES NOT INCLUDE ANY PART OF A 17 | |
| 360 | + | PACKAGE OR CONTAINER THAT IS SOLD OR SUPP LIED IN CONNECTION W ITH: 18 | |
| 363 | 361 | ||
| 364 | - | (1) A COUNTY; OR 20 | |
| 362 | + | (I) A PESTICIDE PRODUCT RE GULATED BY THE FEDERAL 19 | |
| 363 | + | INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT UNDER 7 U.S.C. § 136 ET SEQ. 20 | |
| 364 | + | OR ANY OTHER APPLICA BLE FEDERAL LAW , RULE, OR REGULATION ; 21 | |
| 365 | 365 | ||
| 366 | - | (2) A MUNICIPALITY. 21 | |
| 366 | + | (II) A FEDERALLY REGULATED DRUG, MEDICAL DEVICE , 22 | |
| 367 | + | BIOLOGIC, OR DIAGNOSTIC , INCLUDING ITEMS INTE NDED FOR ANIMALS ; OR 23 | |
| 367 | 368 | ||
| 368 | - | (D) “ORGANICS RECYCLING ” HAS THE MEANING STAT ED IN § 9–1701 OF 22 | |
| 369 | - | THIS TITLE. 23 | |
| 369 | + | (III) A MEDICAL PRODUCT THAT IS REQUIRED TO BE ST ERILE OR 24 | |
| 370 | + | ENCLOSED IN PACKAGIN G WITH TAMPER –RESISTANT SEALS TO P ROTECT PUBLIC 25 | |
| 371 | + | HEALTH, INCLUDING MEDICAL PR ODUCTS INTENDED FOR ANIMALS. 26 | |
| 370 | 372 | ||
| 371 | - | (E) (1) “PACKAGING MATERIALS ” MEANS, REGARDLESS OF 24 | |
| 372 | - | RECYCLABILITY , ANY PART OF A PACKAG E OR CONTAINER , INCLUDING MATERIAL 25 | |
| 373 | - | THAT IS USED FOR THE CONTAINMENT , PROTECTION , HANDLING, DELIVERY, AND 26 | |
| 374 | - | PRESENTATIO N OF A PRODUCT THAT IS SOLD, OFFERED FOR SALE , IMPORTED, OR 27 | |
| 375 | - | DISTRIBUTED IN THE STATE. 28 | |
| 376 | - | ||
| 377 | - | (2) “PACKAGING MATERIALS ” INCLUDES: 29 | |
| 373 | + | (F) (1) “PRODUCER” MEANS A PERSON THAT IS RESPONSIBLE FOR 27 | |
| 374 | + | COMPLYING WI TH THIS SUBTITLE UND ER § 9–2503 OF THIS SUBTITLE. 28 | |
| 378 | 375 | HOUSE BILL 284 9 | |
| 379 | 376 | ||
| 380 | 377 | ||
| 381 | - | (I) PRIMARY, SECONDARY , AND TERTIARY PACKAGI NG 1 | |
| 382 | - | INTENDED FOR THE CON SUMER MARKET ; 2 | |
| 378 | + | (2) “PRODUCER” DOES NOT INCLUDE : 1 | |
| 383 | 379 | ||
| 384 | - | (II) SERVICE PACKAGING DES IGNED AND INTEN DED TO BE 3 | |
| 385 | - | FILLED AT THE POINT OF SALE, INCLUDING: 4 | |
| 380 | + | (I) A LOCAL GOVERNMENT ; 2 | |
| 386 | 381 | ||
| 387 | - | | |
| 382 | + | (II) A NONPROFIT CHARITABLE ORGANIZATION ; OR 3 | |
| 388 | 383 | ||
| 389 | - | 2. BULK GOODS BAGS ; AND 6 | |
| 390 | - | ||
| 391 | - | 3. TAKE–OUT AND HOME DELIVER Y FOOD SERVICE 7 | |
| 392 | - | PACKAGING; AND 8 | |
| 393 | - | ||
| 394 | - | (III) BEVERAGE CONTAINERS . 9 | |
| 395 | - | ||
| 396 | - | (3) “PACKAGING MATERIALS ” DOES NOT INCLUDE ANY INCLUDE: 10 | |
| 397 | - | ||
| 398 | - | (I) ANY PART OF A PACKAGE OR CONTAINER THAT IS SO LD OR 11 | |
| 399 | - | SUPPLIED IN CONNECTI ON WITH: 12 | |
| 400 | - | ||
| 401 | - | (I) 1. A PESTICIDE PRODUCT RE GULATED BY THE FEDERAL 13 | |
| 402 | - | INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT UNDER 7 U.S.C. § 136 ET SEQ. 14 | |
| 403 | - | OR ANY OTHER APPLICA BLE FEDERAL LAW , RULE, OR REGULATION ; 15 | |
| 404 | - | ||
| 405 | - | (II) 2. A FEDERALLY REGULATED DRUG, MEDICAL DEVICE , 16 | |
| 406 | - | BIOLOGIC, OR DIAGNOSTIC, OR DIETARY SUPPLEMEN T, INCLUDING ITEMS 17 | |
| 407 | - | INTENDED FOR ANIMALS ; OR 18 | |
| 408 | - | ||
| 409 | - | (III) 3. A MEDICAL PRODUCT THAT IS REQUIRED TO BE 19 | |
| 410 | - | STERILE OR ENCLOSED IN PACKAGING WITH TAMPER–RESISTANT SEALS TO 20 | |
| 411 | - | PROTECT PUBLIC HEALT H, INCLUDING MEDICAL PR ODUCTS INTENDED FOR 21 | |
| 412 | - | ANIMALS; OR 22 | |
| 413 | - | ||
| 414 | - | (II) LIQUEFIED PETROLEUM G AS CONTAINERS THAT A RE 23 | |
| 415 | - | DESIGNED TO BE REFIL LED. 24 | |
| 416 | - | ||
| 417 | - | (F) (1) “PRODUCER” MEANS A PERSON THAT IS RESPONSIBLE FOR 25 | |
| 418 | - | COMPLYING WITH THIS SUBTITLE UNDER § 9–2503 OF THIS SUBTITLE: 26 | |
| 419 | - | ||
| 420 | - | (I) MANUFACTURES PACKAGIN G MATERIALS IF THE 27 | |
| 421 | - | PACKAGING MATERIALS ARE SOLD UNDER THE M ANUFACTURER ’S OWN BRAND OR 28 | |
| 422 | - | ARE SOLD IN PACKAGIN G MATERIALS THAT LAC K IDENTIFICATION OF A BRAND; 29 | |
| 423 | - | 10 HOUSE BILL 284 | |
| 424 | - | ||
| 425 | - | ||
| 426 | - | (II) IS THE LICENSEE OF A BRAND OR TRADEM ARK UNDER 1 | |
| 427 | - | WHICH PACKAGING MATE RIALS ARE SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN 2 | |
| 428 | - | THE STATE, WHETHER OR NOT THE T RADEMARK IS REGISTER ED IN THE STATE IF 3 | |
| 429 | - | THE PACKAGING MATERI ALS ARE MANUFACTURED BY A PERSON OTHER TH AN THE 4 | |
| 430 | - | BRAND OWNER ; OR 5 | |
| 431 | - | ||
| 432 | - | (III) IMPORTS THE PACKAGING MATERIALS INTO THE UNITED 6 | |
| 433 | - | STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT SELLS, OFFERS FOR SALE , 7 | |
| 434 | - | OR DISTRIBUTES THE P ACKAGING MATERIALS I N THE STATE IF THERE IS NO PERSON 8 | |
| 435 | - | DESCRIBED IN ITEM (I) OR (II) OF THIS PARAGRAPH LO CATED WITHIN THE UNITED 9 | |
| 436 | - | STATES. 10 | |
| 437 | - | ||
| 438 | - | (2) “PRODUCER” DOES NOT INCLUDE : 11 | |
| 439 | - | ||
| 440 | - | (I) A LOCAL GOVERNMENT ; 12 | |
| 441 | - | ||
| 442 | - | (II) A NONPROFIT CHARITABLE ORGANIZATION ; OR 13 | |
| 443 | - | ||
| 444 | - | (III) AN ENTITY THAT MANUFA CTURES A DRUG OR DEV ICE 14 | |
| 445 | - | AUTHORIZED FOR SALE BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE 15 | |
| 446 | - | FEDERAL FOOD, DRUG, AND COSMETIC ACT; 16 | |
| 447 | - | ||
| 448 | - | (IV) AN ENTITY THAT GENERA TED LESS THAN $5,000,000 IN 17 | |
| 449 | - | GROSS REVENUE DURING THE IMMEDIATELY PREC EDING CALENDAR YEAR ; 18 | |
| 450 | - | ||
| 451 | - | (V) AN ENTITY THAT SOLD , OFFERED FOR SALE , OR 19 | |
| 452 | - | DISTRIBUTED FOR SALE IN THE STATE DURING THE IMME DIATELY PRECEDING 20 | |
| 453 | - | CALENDAR YEAR LESS T HAN 1 METRIC TON OF PACKAG ING MATERIALS ; 21 | |
| 454 | - | ||
| 455 | - | (VI) 1. AN ENTITY THAT OWNS O R OPERATES A RESTAUR ANT, 22 | |
| 456 | - | FOOD CART, OR SIMILAR ESTABLISHMENT THAT : 23 | |
| 457 | - | ||
| 458 | - | A. IS HEADQUARTERED IN T HE STATE; AND 24 | |
| 459 | - | ||
| 460 | - | B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD 25 | |
| 461 | - | THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE 26 | |
| 462 | - | NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND 27 | |
| 463 | - | ||
| 464 | - | 2. IS NOT A PRODUCER OF FOOD SERVICEWARE ; 28 | |
| 465 | - | ||
| 466 | - | (VII) AN ENTITY THAT OWNS O R OPERATES A SINGLE RETAIL 29 | |
| 467 | - | SALES ESTABLISHMENT THAT: 30 | |
| 468 | - | ||
| 469 | - | 1. HAS NO ONLINE SALES ; AND 31 HOUSE BILL 284 11 | |
| 470 | - | ||
| 471 | - | ||
| 472 | - | ||
| 473 | - | 2. IS NOT SUPPLIED OR OP ERATED AS PART OF A 1 | |
| 474 | - | FRANCHISE OR A CHAIN ; OR 2 | |
| 475 | - | ||
| 476 | - | (VIII) 1. AN ENTITY THAT IS LICENSED U NDER TITLE 2 OF THE 3 | |
| 477 | - | ALCOHOLIC BEVERAGES ARTICLE; AND 4 | |
| 478 | - | ||
| 479 | - | 2. GENERATED LESS THAN $10,000,000 IN GROSS 5 | |
| 480 | - | REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR . 6 | |
| 384 | + | (III) AN ENTITY THAT MANUFA CTURES A DRUG OR DEV ICE 4 | |
| 385 | + | AUTHORIZED FOR SALE BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE 5 | |
| 386 | + | FEDERAL FOOD, DRUG, AND COSMETIC ACT. 6 | |
| 481 | 387 | ||
| 482 | 388 | (G) “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS: 7 | |
| 483 | 389 | ||
| 484 | 390 | (1) A PRODUCER THAT INDIVI DUALLY SUBMITS A PRO DUCER 8 | |
| 485 | 391 | RESPONSIBILITY PLAN TO THE DEPARTMENT UNDER § 9–2504 OF THIS SUBTITLE ; 9 | |
| 486 | 392 | OR 10 | |
| 487 | 393 | ||
| 488 | 394 | (2) A NONPROFIT ORGANIZATI ON THAT IS: 11 | |
| 489 | 395 | ||
| 490 | 396 | (I) EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE 12 | |
| 491 | 397 | INTERNAL REVENUE CODE; AND 13 | |
| 492 | 398 | ||
| 493 | 399 | (II) CREATED BY A GROUP OF PRODUCERS TO IMPLEME NT A 14 | |
| 494 | 400 | PRODUCER RESPONSIBIL ITY PLAN IN ACCORDAN CE WITH § 9–2504(A) OF THIS 15 | |
| 495 | 401 | SUBTITLE. 16 | |
| 496 | 402 | ||
| 497 | 403 | (H) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING MA TERIALS 17 | |
| 498 | 404 | PRODUCER RESPONSIBIL ITY PLAN SUBMITTED T O THE DEPARTMENT BY A 18 | |
| 499 | 405 | PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION IN ACCORDANC E WITH 19 | |
| 500 | 406 | § 9–2504 OF THIS SUBTITLE. 20 | |
| 501 | 407 | ||
| 502 | 408 | 9–2502. 21 | |
| 503 | 409 | ||
| 504 | 410 | IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SU BTITLE PROVIDE 22 | |
| 505 | 411 | A FRAMEWORK FOR : 23 | |
| 506 | 412 | ||
| 507 | 413 | (1) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS 24 | |
| 508 | 414 | IN THE STATE, INCLUDING BY FACILIT ATING: 25 | |
| 509 | 415 | ||
| 510 | 416 | (I) THE IMPROVEMENT OF RE USE, ORGANICS RECYCLING , AND 26 | |
| 511 | 417 | RECYCLING; 27 | |
| 512 | 418 | ||
| 513 | 419 | (II) THE IMPROVEMENT OF RE CYCLING MARKETS ; 28 | |
| 514 | - | ||
| 515 | - | (III) THE REDUCTION OF WAST E; AND 29 | |
| 516 | - | 12 HOUSE BILL 284 | |
| 420 | + | 10 HOUSE BILL 284 | |
| 517 | 421 | ||
| 518 | 422 | ||
| 519 | - | ( | |
| 423 | + | (III) THE REDUCTION OF WAST E; AND 1 | |
| 520 | 424 | ||
| 521 | - | (2) REIMBURSING LOCAL GOV ERNMENTS F OR COSTS ASSOCIATED 2 | |
| 522 | - | WITH TRANSPORTING , COLLECTING, AND PROCESSING PACKA GING MATERIALS . 3 | |
| 425 | + | (IV) AN INCREASE IN RECYCL ING RATES; AND 2 | |
| 523 | 426 | ||
| 524 | - | 9–2503. 4 | |
| 427 | + | (2) REIMBURSING LOCAL GOV ERNMENTS FOR COSTS A SSOCIATED 3 | |
| 428 | + | WITH TRANSPORTING , COLLECTING, AND PROCESSING PACKA GING MATERIALS . 4 | |
| 525 | 429 | ||
| 526 | - | (A) (1) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD IN P ACKAGING 5 | |
| 527 | - | MATERIALS AT A PHYSI CAL RETAIL LOCATION IN THE STATE. 6 | |
| 430 | + | 9–2503. 5 | |
| 528 | 431 | ||
| 529 | - | (II) IF THE ITEM IS SOLD U NDER THE M ANUFACTURER ’S OWN 7 | |
| 530 | - | BRAND OR IS SOLD IN PACKAGING MATERIALS THAT LACK IDENTIFICA TION OF A 8 | |
| 531 | - | BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON THAT 9 | |
| 532 | - | MANUFACTURES THE ITE M. 10 | |
| 432 | + | (A) (1) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD IN P ACKAGING 6 | |
| 433 | + | MATERIALS AT A PHYSI CAL RETAIL LOCATION IN THE STATE. 7 | |
| 533 | 434 | ||
| 534 | - | (III) IF THE ITEM IS MANUFA CTURED BY A PERSON O THER THAN 11 | |
| 535 | - | THE BRAND OWNER , THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON 12 | |
| 536 | - | THAT IS THE LICENSEE OF A BRAND OR TRADEM ARK UNDER WHICH AN I TEM IS SOLD, 13 | |
| 537 | - | OFFERED FOR SALE , OR DISTRIBUTED IN TH E STATE, WHETHER OR NOT THE 14 | |
| 538 | - | TRADEMARK IS REGISTE RED IN THE STATE. 15 | |
| 435 | + | (II) IF THE ITEM IS SOLD U NDER THE MANUFACTURE R’S OWN 8 | |
| 436 | + | BRAND OR IS SOLD IN PACKAGING MATERIALS THAT LACK IDENTIFICA TION OF A 9 | |
| 437 | + | BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON THAT 10 | |
| 438 | + | MANUFACTURES THE ITE M. 11 | |
| 539 | 439 | ||
| 540 | - | ( | |
| 541 | - | ||
| 542 | - | ||
| 543 | - | ||
| 544 | - | ||
| 440 | + | (III) IF THE ITEM IS MANUFA CTURED BY A PERSON O THER THAN 12 | |
| 441 | + | THE BRAND OWNER , THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON 13 | |
| 442 | + | THAT IS THE LICENSEE OF A BRAND OR TRADEM ARK UNDER WHICH AN I TEM IS SOLD, 14 | |
| 443 | + | OFFERED FOR SALE , OR DISTRIBUTED IN TH E STATE, WHETHER OR NOT THE 15 | |
| 444 | + | TRADEMARK IS REGISTE RED IN THE STATE. 16 | |
| 545 | 445 | ||
| 546 | - | (2) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD OR 21 | |
| 547 | - | DISTRIBUTED IN PACKA GING MATERIALS IN TH E STATE THROUGH REMOTE SALE OR 22 | |
| 548 | - | DISTRIBUTION. 23 | |
| 446 | + | (IV) IF THERE IS NO PERSON DESCRIBED IN SUBPARA GRAPHS 17 | |
| 447 | + | (II) OR (III) OF THIS PARAGRAPH LO CATED WITHIN THE UNITED STATES, THE 18 | |
| 448 | + | PRODUCER OF THE PACK AGING MATERIALS IS T HE PERSON THAT IMPOR TS THE 19 | |
| 449 | + | ITEM INTO THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT 20 | |
| 450 | + | SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE I TEM IN THE STATE. 21 | |
| 549 | 451 | ||
| 550 | - | ( | |
| 551 | - | ||
| 552 | - | ||
| 452 | + | (2) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD OR 22 | |
| 453 | + | DISTRIBUTED IN PACKA GING MATERIALS IN TH E STATE THROUGH REMOTE SALE OR 23 | |
| 454 | + | DISTRIBUTION. 24 | |
| 553 | 455 | ||
| 554 | - | ( | |
| 555 | - | ||
| 556 | - | ||
| 456 | + | (II) THE PRODUCER OF THE P ACKAGING MATERIALS U SED TO 25 | |
| 457 | + | DIRECTLY PROTECT OR CONTAIN THE ITEM IS THE SAME AS THE PROD UCER 26 | |
| 458 | + | ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION. 27 | |
| 557 | 459 | ||
| 558 | - | (IV) FOR ANY PACKAGING MAT ERIALS NOT IDENTIFIE D UNDER 30 | |
| 559 | - | SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , THE PRODUCER OF THE 31 | |
| 560 | - | PACKAGING MATERIALS IS THE PERSON THAT F IRST DISTRIBUTES THE PACKAGED 32 | |
| 561 | - | ITEM IN THE STATE. 33 | |
| 562 | - | HOUSE BILL 284 13 | |
| 460 | + | (III) THE PRODUCER OF THE P ACKAGING MATERIALS U SED TO 28 | |
| 461 | + | SHIP THE ITEM TO A C ONSUMER IS THE PERSO N THAT PACKAGES AND SHIPS THE 29 | |
| 462 | + | ITEM TO THE CONSUMER . 30 | |
| 463 | + | ||
| 464 | + | (IV) FOR ANY PACKAGING MAT ERIALS NOT IDENTIFIE D UNDER 31 | |
| 465 | + | SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , THE PRODUCER OF THE 32 HOUSE BILL 284 11 | |
| 563 | 466 | ||
| 564 | 467 | ||
| 565 | - | (B) THIS SUBTITLE DOES NO T APPLY TO A PERS ON THAT: 1 | |
| 468 | + | PACKAGING MATERIALS IS THE PERSON THAT F IRST DISTRIBUTES THE PACKAGED 1 | |
| 469 | + | ITEM IN THE STATE. 2 | |
| 566 | 470 | ||
| 567 | - | (1) (I) GENERATED LESS THAN $5,000,000 IN GROSS REVENUE 2 | |
| 568 | - | DURING THE IMMEDIATE LY PRECEDING CALENDA R YEAR; 3 | |
| 471 | + | (B) THIS SUBTITLE DOES NO T APPLY TO A PERSON THAT : 3 | |
| 569 | 472 | ||
| 570 | - | (II) SOLD, OFFERED FOR SALE , OR DISTRIBUTED FOR S ALE IN 4 | |
| 571 | - | THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1 5 | |
| 572 | - | METRIC TON OF PACKAGING MATERIA LS; 6 | |
| 473 | + | (1) (I) GENERATED LESS THAN $5,000,000 IN GROSS REVENUE 4 | |
| 474 | + | DURING THE IMMEDIATE LY PRECEDING CALENDAR YEAR; 5 | |
| 573 | 475 | ||
| 574 | - | (III) 1. OWNS OR OPERATES A RE STAURANT, FOOD CART, OR 7 | |
| 575 | - | SIMILAR ESTABLISHMEN T THAT: 8 | |
| 476 | + | (II) SOLD, OFFERED FOR SALE , OR DISTRIBUTED FOR S ALE IN 6 | |
| 477 | + | THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1 7 | |
| 478 | + | METRIC TON OF PACKAG ING MATERIALS ; 8 | |
| 576 | 479 | ||
| 577 | - | A. IS HEADQUARTERED IN T HE STATE; AND 9 | |
| 480 | + | (III) 1. OWNS OR OPERATES A RE STAURANT, FOOD CART, OR 9 | |
| 481 | + | SIMILAR ESTABLISHMENT THAT : 10 | |
| 578 | 482 | ||
| 579 | - | B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD 10 | |
| 580 | - | THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WITH OUT THE 11 | |
| 581 | - | NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND 12 | |
| 483 | + | A. IS HEADQUARTERED IN T HE STATE; AND 11 | |
| 582 | 484 | ||
| 583 | - | 2. IS NOT A PRODUCER OF FOOD SERVICEWARE ; 13 | |
| 485 | + | B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD 12 | |
| 486 | + | THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE 13 | |
| 487 | + | NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND 14 | |
| 584 | 488 | ||
| 585 | - | (IV) OWNS OR OPERATES A SI NGLE RETAIL SALES 14 | |
| 586 | - | ESTABLISHMENT THAT : 15 | |
| 489 | + | 2. IS NOT A PRODUCER OF FOOD SERVICEWARE ; 15 | |
| 587 | 490 | ||
| 588 | - | 1. HAS NO ONLINE SALES ; AND 16 | |
| 491 | + | (IV) OWNS OR OPERATES A SI NGLE RETAIL SALES 16 | |
| 492 | + | ESTABLISHMENT THAT : 17 | |
| 589 | 493 | ||
| 590 | - | 2. IS NOT SUPPLIED OR OPERATED AS PART OF A 17 | |
| 591 | - | FRANCHISE OR A CHAIN ; OR 18 | |
| 494 | + | 1. HAS NO ONLINE SALES ; AND 18 | |
| 592 | 495 | ||
| 593 | - | | |
| 594 | - | ||
| 496 | + | 2. IS NOT SUPPLIED OR OP ERATED AS PART OF A 19 | |
| 497 | + | FRANCHISE OR A CHAIN ; OR 20 | |
| 595 | 498 | ||
| 596 | - | 2 | |
| 597 | - | ||
| 499 | + | (V) 1. IS LICENSED UNDER TITLE 2 OF THE ALCOHOLIC 21 | |
| 500 | + | BEVERAGES ARTICLE; AND 22 | |
| 598 | 501 | ||
| 599 | - | (2) ON REQUEST BY THE DEPARTMENT , PROVIDES TO THE 23 | |
| 600 | - | DEPARTMENT SUFFICIENT INFORMATION TO DEMON STRATE THAT THE PROD UCER 24 | |
| 601 | - | MEETS THE CONDITIONS OF THIS SECTION. 25 | |
| 502 | + | 2. GENERATED LESS THAN $10,000,000 IN GROSS 23 | |
| 503 | + | REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR ; AND 24 | |
| 602 | 504 | ||
| 603 | - | ( | |
| 604 | - | ||
| 605 | - | ||
| 505 | + | (2) ON REQUEST BY THE DEPARTMENT , PROVIDES TO THE 25 | |
| 506 | + | DEPARTMENT SUFFICIENT INFORMATION TO DEMON STRATE THA T THE PRODUCER 26 | |
| 507 | + | MEETS THE CONDITIONS OF THIS SECTION. 27 | |
| 606 | 508 | ||
| 607 | - | ( | |
| 608 | - | ||
| 509 | + | (C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF THE STATE OR A 28 | |
| 510 | + | LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAG ING 29 12 HOUSE BILL 284 | |
| 609 | 511 | ||
| 610 | 512 | ||
| 611 | - | STRATEGY FOR INCREAS ING THE CAPTURE AND RECYCLING OF BEVERAG E 1 | |
| 612 | - | CONTAINERS OR OTHER PACKAGING MATE RIALS. 2 | |
| 513 | + | MATERIAL. 1 | |
| 613 | 514 | ||
| 614 | - | 9–2504. 3 | |
| 515 | + | (D) THIS SUBTITLE DOES NO T PROHIBIT A PRODUCE R RESPONSIBILITY 2 | |
| 516 | + | ORGANIZATION FROM ES TABLISHING A DEPOSIT –RETURN SYSTEM AS ONE 3 | |
| 517 | + | STRATEGY FOR INCREAS ING THE CAPTURE AND RECYCLING OF BEVERAG E 4 | |
| 518 | + | CONTAINERS OR OTHER PACKAGING MATERIALS . 5 | |
| 615 | 519 | ||
| 616 | - | (A) (1) (I) BEGINNING JULY 1, 2024, AND EACH YEAR THEREA FTER, A 4 | |
| 617 | - | PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL FILE A REGISTRATI ON FORM 5 | |
| 618 | - | WITH THE DEPARTMENT . 6 | |
| 520 | + | 9–2504. 6 | |
| 619 | 521 | ||
| 620 | - | (II) THE REGISTRATION FORM SHALL INCLUDE : 7 | |
| 522 | + | (A) (1) (I) BEGINNING JULY 1, 2024, AND EACH YEAR THEREA FTER, A 7 | |
| 523 | + | PRODUCER RESPONSIBILI TY ORGANIZATION SHAL L FILE A REGISTRATIO N FORM 8 | |
| 524 | + | WITH THE DEPARTMENT . 9 | |
| 621 | 525 | ||
| 622 | - | 1. A LIST OF THE RESPONSI BLE PARTI ES 8 | |
| 623 | - | PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 9 | |
| 526 | + | (II) THE REGISTRATION FORM SHALL INCLUDE : 10 | |
| 624 | 527 | ||
| 625 | - | | |
| 626 | - | PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; | |
| 528 | + | 1. A LIST OF THE RESPONSI BLE PARTIES 11 | |
| 529 | + | PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 12 | |
| 627 | 530 | ||
| 628 | - | 3. A LIST OF THE COVERED MATERIALS OF EACH 12 | |
| 629 | - | RESPONSIBLE PARTY PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY 13 | |
| 630 | - | ORGANIZATION ; AND 14 | |
| 531 | + | 2. A LIST OF THE BRANDS OF EACH RES PONSIBLE PARTY 13 | |
| 532 | + | PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 14 | |
| 631 | 533 | ||
| 632 | - | 4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION 15 | |
| 633 | - | OF A PERSON RESPONSI BLE FOR ENSURING THE PRODUCER RESPONSIBIL ITY 16 | |
| 634 | - | ORGANIZATION ’S AND THE MEMBER RES PONSIBLE PARTIES ’ COMPLIANCE WITH 17 | |
| 635 | - | THIS SUBTITLE. 18 | |
| 534 | + | 3. A LIST OF THE COVERED MATERIALS OF EACH 15 | |
| 535 | + | RESPONSIBLE PARTY PA RTICIPATING IN THE P RODUCER RESPONSIBILI TY 16 | |
| 536 | + | ORGANIZATION ; AND 17 | |
| 636 | 537 | ||
| 637 | - | | |
| 638 | - | PRODUCER RESPONSIBIL ITY | |
| 639 | - | ||
| 640 | - | ||
| 538 | + | 4. THE NAME, ADDRESS, AND CONTACT INFORMATION 18 | |
| 539 | + | OF A PERSON RESPONSI BLE FOR ENSURING THE PRODUCER RESPONSIBIL ITY 19 | |
| 540 | + | ORGANIZATION ’S AND THE MEMBER RES PONSIBLE PARTIES ’ COMPLIANCE WITH 20 | |
| 541 | + | THIS SUBTITLE. 21 | |
| 641 | 542 | ||
| 642 | - | (IV) AT THE TIME OF THE IN ITIAL SUBMISSION OF THE 23 | |
| 643 | - | REGISTRATION FORM BY A PRODUCER RESPONSIB ILITY ORGANIZATION , THE 24 | |
| 644 | - | ORGANIZATION SHALL H AVE 60 DAYS TO PAY TO THE DEPARTMENT THE ESTIMA TED 25 | |
| 645 | - | COST OF CONDUCTING T HE INITIAL STATEWIDE RECYCLING NEEDS ASSE SSMENT 26 | |
| 646 | - | REQUIRED UNDER § 9–1702.2 OF THIS TITLE. 27 | |
| 543 | + | (III) AT THE TIME OF FILING THE REGISTRATION FOR M, A 22 | |
| 544 | + | PRODUCER RESPONSIBIL ITY ORGANIZA TION SHALL PAY TO TH E DEPARTMENT AN 23 | |
| 545 | + | ANNUAL REGISTRATION FEE TO COVER THE COS TS OF RECORD KEEPING , NOT TO 24 | |
| 546 | + | EXCEED $1,000. 25 | |
| 647 | 547 | ||
| 648 | - | (V) IF MORE THAN ONE PROD UCER RESPONSIBILITY 28 | |
| 649 | - | ORGANIZATION REGISTE RS WITH THE DEPARTMENT , THE DEPARTMENT SHALL 29 | |
| 650 | - | EQUALLY DIVIDE THE C OST OF THE STATEWIDE RECYCLING NEEDS ASSE SSMENT. 30 | |
| 548 | + | (IV) AT THE TIME OF THE IN ITIAL SUBMISSION OF THE 26 | |
| 549 | + | REGISTRATION FORM BY A PRODUCER RESPONSIB ILITY ORGANIZATION , THE 27 | |
| 550 | + | ORGANIZATION SHALL HAVE 60 DAYS TO PAY TO THE DEPARTMENT THE ESTIMA TED 28 | |
| 551 | + | COST OF CONDUCTING T HE INITIAL STATEWIDE RECYCLING NEEDS ASSE SSMENT 29 | |
| 552 | + | REQUIRED UNDER § 9–1702.2 OF THIS TITLE. 30 | |
| 651 | 553 | ||
| 652 | - | ( | |
| 653 | - | ||
| 554 | + | (V) IF MORE THAN ONE PROD UCER RESPONSIBILITY 31 | |
| 555 | + | ORGANIZATION REGISTE RS WITH THE DEPARTME NT, THE DEPARTMENT SHALL 32 HOUSE BILL 284 13 | |
| 654 | 556 | ||
| 655 | 557 | ||
| 656 | - | SUBMIT A PRODUCER RE SPONSIBILITY PLAN TO THE DEPARTMENT FOR REVIEW 1 | |
| 657 | - | AND APPROVAL . 2 | |
| 558 | + | EQUALLY DIVIDE THE C OST OF THE STATEWIDE RECYCLING NEEDS ASSE SSMENT. 1 | |
| 658 | 559 | ||
| 659 | - | (II) IF MORE THAN ONE PROD UCER RESPONSIBILITY 3 | |
| 660 | - | ORGANIZATION SUBMITS A PRODUCER RESPONSIB ILITY PLAN TO THE 4 | |
| 661 | - | DEPARTMENT : 5 | |
| 560 | + | (2) (I) ON OR BEFORE APRIL 1, 2026, EACH PRODUCER SHALL , 2 | |
| 561 | + | INDIVIDUALLY OR AS P ART OF A PRODUCER RE SPONSIBILITY ORGANIZ ATION, 3 | |
| 562 | + | SUBMIT A PRODUCER RE SPONSIBILITY PL AN TO THE DEPARTMENT FOR REVIEW 4 | |
| 563 | + | AND APPROVAL . 5 | |
| 662 | 564 | ||
| 663 | - | | |
| 664 | - | ||
| 665 | - | ||
| 565 | + | (II) IF MORE THAN ONE PROD UCER RESPONSIBILITY 6 | |
| 566 | + | ORGANIZATION SUBMITS A PRODUCER RESPONSIB ILITY PLAN TO THE 7 | |
| 567 | + | DEPARTMENT : 8 | |
| 666 | 568 | ||
| 667 | - | A. RECYCLING SERVICES FO R RESIDENTS IN THE STATE 9 | |
| 668 | - | ARE PROVIDED IN A SE AMLESS MANNER ; AND 10 | |
| 569 | + | 1. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 9 | |
| 570 | + | SHALL COORDINATE WIT H THE DEPARTMENT AN D LOCAL GOVERNMENTS TO 10 | |
| 571 | + | ENSURE THAT : 11 | |
| 669 | 572 | ||
| 670 | - | | |
| 671 | - | ||
| 573 | + | A. RECYCLING SERVICES FO R RESIDENTS IN THE STATE 12 | |
| 574 | + | ARE PROVIDED IN A SE AMLESS MANNER ; AND 13 | |
| 672 | 575 | ||
| 673 | - | 2. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 13 | |
| 674 | - | MAY CREATE A REPRESE NTATIVE ORGANIZATION TO REPRESENT ALL 14 | |
| 675 | - | PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE 15 | |
| 676 | - | REQUIREME NTS OF THIS SUBTITLE . 16 | |
| 576 | + | B. PUBLIC OUTREACH , EDUCATION, AND 14 | |
| 577 | + | COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER; AND 15 | |
| 677 | 578 | ||
| 678 | - | (III) BEFORE SUBMITTING THE PLAN REQUIRED UNDER THIS 17 | |
| 679 | - | SUBSECTION TO THE DEPARTMENT , A PRODUCER OR PRODUC ER RESPONSIBILITY 18 | |
| 680 | - | ORGANIZATION SHALL : 19 | |
| 579 | + | 2. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 16 | |
| 580 | + | MAY CREATE A REPRESE NTATIVE ORGANIZATION TO REPRESENT ALL 17 | |
| 581 | + | PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE 18 | |
| 582 | + | REQUIREMENTS OF THIS SUBTITLE. 19 | |
| 681 | 583 | ||
| 682 | - | 1. CONSULT WITH THE ADVI SORY COUNCIL 20 | |
| 683 | - | ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE; AND 21 | |
| 584 | + | (III) BEFORE SUBMITTING THE PLAN REQUIRED UNDER THIS 20 | |
| 585 | + | SUBSECTION TO THE DEPARTMENT, A PRODUCER OR PRODUC ER RESPONSIBILITY 21 | |
| 586 | + | ORGANIZATION SHALL : 22 | |
| 684 | 587 | ||
| 685 | - | 2. CONSIDER THE WRITTEN RECOMMENDATIONS OF 22 | |
| 686 | - | THE ADVISORY COUNCIL PROVIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND 23 | |
| 687 | - | RESPOND IN WRITING T O THE ADVISORY COUNC IL. 24 | |
| 588 | + | 1. CONSULT WITH THE ADVI SORY COUNCIL 23 | |
| 589 | + | ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE; AND 24 | |
| 688 | 590 | ||
| 689 | - | (3) ON OR AFTER A DATE ES TABLISHED IN REGULAT IONS ADOPTED 25 | |
| 690 | - | BY THE DEPARTMENT UNDER § 9–2509 OF THIS SUBTITLE , A PRODUCER MAY NOT 26 | |
| 691 | - | SELL, OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION 27 | |
| 692 | - | PACKAGING MATERIALS FOR USE IN THE STATE UNLESS THE PROD UCER, 28 | |
| 693 | - | INDIVIDUALLY OR AS P ART OF A PRODUCER RE SPONSIBILITY ORGANIZ ATION, HAS 29 | |
| 694 | - | AN APPROVE D PRODUCER RESPONSIB ILITY PLAN ON FILE W ITH THE DEPARTMENT . 30 | |
| 591 | + | 2. CONSIDER THE WRITTEN RECOMMENDATIONS OF 25 | |
| 592 | + | THE ADVISORY COUNCIL PROVIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND 26 | |
| 593 | + | RESPOND IN WRITING T O THE ADVISORY COUNC IL. 27 | |
| 695 | 594 | ||
| 696 | - | (B) A PRODUCER RESPONSIBIL ITY PLAN SHALL: 31 | |
| 697 | - | 16 HOUSE BILL 284 | |
| 595 | + | (3) ON OR AFTER A DATE ES TABLISHED IN REGULAT IONS ADOPTED 28 | |
| 596 | + | BY THE DEPARTMENT UNDER § 9–2509 OF THIS SUBTITLE , A PRODUCER MAY NOT 29 | |
| 597 | + | SELL, OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION 30 | |
| 598 | + | PACKAGING MATERIALS FOR USE IN THE STATE UNLESS THE PROD UCER, 31 | |
| 599 | + | INDIVIDUALLY OR AS P ART OF A PRODUCER RE SPONSIBILITY ORGANIZ ATION, HAS 32 | |
| 600 | + | AN APPROVED PRODUCER RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT . 33 14 HOUSE BILL 284 | |
| 698 | 601 | ||
| 699 | 602 | ||
| 700 | - | (1) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, INCLUDING 1 | |
| 701 | - | THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND THE 2 | |
| 702 | - | PRODUCER RESPONSIBIL ITY ORGANIZATION ; 3 | |
| 703 | 603 | ||
| 704 | - | (2) IDENTIFY EACH BRAND O F PACKAGING MATERIAL S COVERED BY 4 | |
| 705 | - | THE PLAN; 5 | |
| 604 | + | (B) A PRODUCER RESPONSIBIL ITY PLAN SHALL: 1 | |
| 706 | 605 | ||
| 707 | - | (3) REQUIRE, IN ACCORDANCE WITH S UBSECTION (C) OF THIS 6 | |
| 708 | - | SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 7 | |
| 709 | - | VERSION OF THE PLAN IS APPROVED AND ESTABLISH THE FOLLOW ING 8 | |
| 710 | - | PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING M ATERIAL TYPE: 9 | |
| 606 | + | (1) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, INCLUDING 2 | |
| 607 | + | THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND THE 3 | |
| 608 | + | PRODUCER RESPONSIBIL ITY ORGANIZATION ; 4 | |
| 711 | 609 | ||
| 712 | - | (I) POSTCONSUMER RECYCLED CONTENT GOALS ; 10 | |
| 610 | + | (2) IDENTIFY EACH BRAND O F PACKAGING MATERIAL S COVERED BY 5 | |
| 611 | + | THE PLAN; 6 | |
| 713 | 612 | ||
| 714 | - | (II) RECYCLABILITY AND REC YCLING RATE GOALS ; 11 | |
| 613 | + | (3) REQUIRE, IN ACCORDANCE WITH SUBS ECTION (C) OF THIS 7 | |
| 614 | + | SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 8 | |
| 615 | + | VERSION OF THE PLAN IS APPROVED AND ESTA BLISH THE FOLLOWING 9 | |
| 616 | + | PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING M ATERIAL TYPE: 10 | |
| 715 | 617 | ||
| 716 | - | ( | |
| 618 | + | (I) POSTCONSUMER RECYCLED CONTENT GOA LS; 11 | |
| 717 | 619 | ||
| 718 | - | ( | |
| 620 | + | (II) RECYCLABILITY AND REC YCLING RATE GOALS ; 12 | |
| 719 | 621 | ||
| 720 | - | (V) COMPOST ACCESS OR COM POST RATE GOALS , IF 14 | |
| 721 | - | APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ; 15 | |
| 622 | + | (III) REUSE GOALS; 13 | |
| 722 | 623 | ||
| 723 | - | ( | |
| 624 | + | (IV) PACKAGING REDUCTION G OALS; 14 | |
| 724 | 625 | ||
| 725 | - | (VII) GREENHOUSE GAS REDUCT ION GOALS; AND 17 | |
| 626 | + | (V) COMPOST ACCESS OR COM POST RATE GOALS , IF 15 | |
| 627 | + | APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ; 16 | |
| 726 | 628 | ||
| 727 | - | (VIII) ANY OTHER GOAL THAT R EDUCES PACKAGING MATERIAL 18 | |
| 728 | - | WASTE AND IS JUSTIFI ED IN THE PLAN; 19 | |
| 629 | + | (VI) CONTAMINATION REDUCTIO N RATE GOALS; 17 | |
| 729 | 630 | ||
| 730 | - | (4) REQUIRE EACH PARTICIP ATING PRODUCER TO RE DUCE ALL 20 | |
| 731 | - | PACKAGING MATERIAL W ASTE TO THE MAXIMUM EXTENT PRACTICABLE , AND BY 21 | |
| 732 | - | NOT LESS THAN 25% FOR EACH PACKAGING M ATERIAL TYPE, WITHIN 5 YEARS AFTER 22 | |
| 733 | - | THE DATE ON WHICH THE FI RST VERSION OF THE P LAN IS APPROVED ; 23 | |
| 631 | + | (VII) GREENHOUSE GAS REDUCT ION GOALS; AND 18 | |
| 734 | 632 | ||
| 735 | - | ( | |
| 736 | - | ||
| 633 | + | (VIII) ANY OTHER GOAL THAT R EDUCES PACKAGING MAT ERIAL 19 | |
| 634 | + | WASTE AND IS JUSTIFI ED IN THE PLAN; 20 | |
| 737 | 635 | ||
| 738 | - | (6) DESCRIBE HOW THE PERF ORMANCE GOALS ESTABL ISHED UNDER 26 | |
| 739 | - | ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED; 27 | |
| 636 | + | (4) REQUIRE EACH PARTICIP ATING PRODUCER TO RE DUCE ALL 21 | |
| 637 | + | PACKAGING MATERIAL W ASTE TO THE MAXIMUM EXT ENT PRACTICABLE , AND BY 22 | |
| 638 | + | NOT LESS THAN 25% FOR EACH PACKAGING M ATERIAL TYPE, WITHIN 5 YEARS AFTER 23 | |
| 639 | + | THE DATE ON WHICH TH E FIRST VERSION OF T HE PLAN IS APPROVED ; 24 | |
| 740 | 640 | ||
| 741 | - | (7) DESCRIBE HOW STAKEHOL DER COMMENTS WERE CO NSIDERED IN 28 | |
| 742 | - | THE DEVELOPMENT OF T HE PLAN; 29 | |
| 743 | - | HOUSE BILL 284 17 | |
| 641 | + | (5) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (D) OF THIS 25 | |
| 642 | + | SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE PLAN; 26 | |
| 643 | + | ||
| 644 | + | (6) DESCRIBE HOW THE PERFORMANCE GOAL S ESTABLISHED UNDER 27 | |
| 645 | + | ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED; 28 HOUSE BILL 284 15 | |
| 744 | 646 | ||
| 745 | 647 | ||
| 746 | - | (8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E 1 | |
| 747 | - | IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED; 2 | |
| 748 | 648 | ||
| 749 | - | (9) DESCRIBE THE STRATEG Y FOR REDUCING PACKA GING 3 | |
| 750 | - | MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN 4 | |
| 751 | - | WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUCT DESIG N AND 5 | |
| 752 | - | PROGRAM INNOVATIONS ; 6 | |
| 649 | + | (7) DESCRIBE HOW STAKEHOLDER COMMENTS WERE CONSIDERED IN 1 | |
| 650 | + | THE DEVELOPMENT OF T HE PLAN; 2 | |
| 753 | 651 | ||
| 754 | - | (10) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN FOR 7 | |
| 755 | - | PUBLIC OUTREACH, EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT 8 | |
| 756 | - | THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL: 9 | |
| 652 | + | (8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E 3 | |
| 653 | + | IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED; 4 | |
| 757 | 654 | ||
| 758 | - | (I) PROMOTE THE RESPONSIB LE END–OF–LIFE MANAGEMENT 10 | |
| 759 | - | OF PACKAGING MATERIA LS; 11 | |
| 655 | + | (9) DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG 5 | |
| 656 | + | MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN 6 | |
| 657 | + | WILL WORK TOGETHER T O REDUCE PACKAGING THROUGH PRODUCT DESI GN AND 7 | |
| 658 | + | PROGRAM INNOVATIONS ; 8 | |
| 760 | 659 | ||
| 761 | - | (II) PROVIDE INFORMATION O N HOW TO PREVENT LIT TER OF 12 | |
| 762 | - | PACKAGING MATERIALS ; 13 | |
| 660 | + | (10) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN FOR 9 | |
| 661 | + | PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT 10 | |
| 662 | + | THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL: 11 | |
| 763 | 663 | ||
| 764 | - | ( | |
| 765 | - | ||
| 664 | + | (I) PROMOTE THE RE SPONSIBLE END –OF–LIFE MANAGEMENT 12 | |
| 665 | + | OF PACKAGING MATERIALS; 13 | |
| 766 | 666 | ||
| 767 | - | | |
| 768 | - | ||
| 667 | + | (II) PROVIDE INFORMATION O N HOW TO PREVENT LIT TER OF 14 | |
| 668 | + | PACKAGING MATERIALS; 15 | |
| 769 | 669 | ||
| 770 | - | 2. EASY TO UNDERSTAND ; AND 18 | |
| 670 | + | (III) PROVIDE RECYCLING AND ORGANICS RECYCLING 16 | |
| 671 | + | INSTRUCTIONS THAT AR E, TO THE EXTENT PRACTI CABLE: 17 | |
| 771 | 672 | ||
| 772 | - | 3. EASILY ACCESSIBLE ; AND 19 | |
| 673 | + | 1. CONSISTENT S TATEWIDE, TAKING INTO ACCOUNT 18 | |
| 674 | + | DIFFERENCES AMONG LO CAL LAWS AND PROCESS ING CAPABILITIES; 19 | |
| 773 | 675 | ||
| 774 | - | | |
| 676 | + | 2. EASY TO UNDERSTAND ; AND 20 | |
| 775 | 677 | ||
| 776 | - | 1. DESIGNED TO ACHIEVE P ACKAGING MATERIALS 21 | |
| 777 | - | MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF 22 | |
| 778 | - | CONTAMINATION OF PAC KAGING MATERIALS ; 23 | |
| 678 | + | 3. EASILY ACCESSIBLE ; AND 21 | |
| 779 | 679 | ||
| 780 | - | 2. COORDINATED ACROSS PR OGRAMS TO AVOID 24 | |
| 781 | - | CONFUSION FOR CONSUM ERS; AND 25 | |
| 680 | + | (IV) PROVIDE FOR OUTREACH AND EDUCATION THAT A RE: 22 | |
| 782 | 681 | ||
| 783 | - | 3. DEVELOPED IN CONSULTA TION WITH LOCAL 26 | |
| 784 | - | GOVERNMENTS AND OTHE R STAKEHOLDERS ; 27 | |
| 682 | + | 1. DESIGNED TO ACHIEVE PACKAGING MATERIALS 23 | |
| 683 | + | MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF 24 | |
| 684 | + | CONTAMINATION OF PACKAGING MATERIALS; 25 | |
| 785 | 685 | ||
| 786 | - | (11) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) OF THIS 28 | |
| 787 | - | SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING REUSE , 29 | |
| 788 | - | ORGANICS RECYCLING , AND RECYCLING IN THE STATE; 30 | |
| 686 | + | 2. COORDINATED ACROSS PR OGRAMS TO AVOID 26 | |
| 687 | + | CONFUSION FOR CONSUM ERS; AND 27 | |
| 688 | + | ||
| 689 | + | 3. DEVELOPED IN CONSULTA TION WITH LOCAL 28 | |
| 690 | + | GOVERNMENTS AND OTHE R STAKEHOLDERS ; 29 16 HOUSE BILL 284 | |
| 691 | + | ||
| 692 | + | ||
| 693 | + | ||
| 694 | + | (11) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) OF THIS 1 | |
| 695 | + | SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING REUSE , 2 | |
| 696 | + | ORGANICS RECYCLING , AND RECYCLING IN THE STATE; 3 | |
| 697 | + | ||
| 698 | + | (12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY 4 | |
| 699 | + | REQUEST REIMBURSEMENT FOR CO STS ASSOCIATED WITH TRANSPORTING , 5 | |
| 700 | + | COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDENTIFIED IN 6 | |
| 701 | + | THE PLAN, INCLUDING: 7 | |
| 702 | + | ||
| 703 | + | (I) THE PROCESS BY WHICH THE REQUEST WILL BE REVIEWED; 8 | |
| 704 | + | ||
| 705 | + | (II) THE PROCESS FOR APPRO VING OR DENYING A RE QUEST 9 | |
| 706 | + | FOR REIMBURSEMENT ; 10 | |
| 707 | + | ||
| 708 | + | (III) THE SCHEDULE FOR PROV IDING REIMBURSEMENT THAT 11 | |
| 709 | + | INCLUDES REIMBURSEME NT ON AT LEAST A QUA RTERLY BASIS; AND 12 | |
| 710 | + | ||
| 711 | + | (IV) THE PROCESS FOR PROVI DING REIMBURSEMENT F OR 13 | |
| 712 | + | MULTIPLE BRANDS OF P ACKAGING MATERIALS ; 14 | |
| 713 | + | ||
| 714 | + | (13) (I) PROVIDE THE WRITTEN RECOMMENDATI ONS FROM THE 15 | |
| 715 | + | ADVISORY COUNCIL PRO VIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND THE 16 | |
| 716 | + | PRODUCER RESPONSIBIL ITY ORGANIZATION ’S WRITTEN RESPONSE T O THE 17 | |
| 717 | + | ADVISORY COUNCIL ; AND 18 | |
| 718 | + | ||
| 719 | + | (II) DESCRIBE HOW THE WRIT TEN RECOMMENDATIONS FROM 19 | |
| 720 | + | THE ADVISOR Y COUNCIL WERE CONSI DERED AND ADDRESSED IN THE 20 | |
| 721 | + | DEVELOPMENT OF THE P LAN; AND 21 | |
| 722 | + | ||
| 723 | + | (14) INCLUDE ANY OTHER INF ORMATION THAT IS REQ UIRED BY THE 22 | |
| 724 | + | DEPARTMENT . 23 | |
| 725 | + | ||
| 726 | + | (C) BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 24 | |
| 727 | + | ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN 25 | |
| 728 | + | COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION , SHALL 26 | |
| 729 | + | ESTABLISH PERFORMANC E GOALS FOR EACH PAC KAGING MATERIAL TYPE USING A 27 | |
| 730 | + | BASELINE YEAR THAT I S INFORMED BY THE ST ATEWIDE RECYCLING NE EDS 28 | |
| 731 | + | ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GOA LS FOR EACH 29 | |
| 732 | + | PACKAGING MATERIAL T YPE, AT 5–, 10–, AND 15–YEAR INTERVALS . 30 | |
| 733 | + | ||
| 734 | + | (D) (1) THE FINANCING METHOD THAT WILL BE USED BY A PRODUCER 31 | |
| 735 | + | RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODUCER RESPONSIB ILITY 32 HOUSE BILL 284 17 | |
| 736 | + | ||
| 737 | + | ||
| 738 | + | PLAN SHALL: 1 | |
| 739 | + | ||
| 740 | + | (I) PROVIDE THE M ETHOD FOR EITHER DIR ECT INVESTMENTS 2 | |
| 741 | + | OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , ORGANICS 3 | |
| 742 | + | RECYCLING, AND RECYCLING IN ACC ORDANCE WITH SUBSECT ION (B)(11) OF THIS 4 | |
| 743 | + | SECTION; 5 | |
| 744 | + | ||
| 745 | + | (II) PROVIDE A REASONABLE ANNUAL RATE PER TON OF 6 | |
| 746 | + | RECYCLED OR COMPOST ED PACKAGING MATERIA LS FOR REIMBURSING L OCAL 7 | |
| 747 | + | GOVERNMENTS FOR COST S ASSOCIATED WITH : 8 | |
| 748 | + | ||
| 749 | + | 1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING 9 | |
| 750 | + | MATERIALS THAT ARE I DENTIFIED IN THE PLA N; 10 | |
| 751 | + | ||
| 752 | + | 2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE 11 | |
| 753 | + | PACKAGING MATERIALS TO A RECYCLING OR OR GANICS RECYCLING FAC ILITY; 12 | |
| 754 | + | ||
| 755 | + | 3. PROCESSING PACKAGING MATERIALS, INCLUDING 13 | |
| 756 | + | REMOVING CONTAMINATI ON; AND 14 | |
| 757 | + | ||
| 758 | + | 4. RECYCLING PACKAGING M ATERIALS THAT ARE 15 | |
| 759 | + | DIVERTED TO BE RECYC LED OR COMPOSTED IN THE STATE; 16 | |
| 760 | + | ||
| 761 | + | (III) ESTABLISH A FEE STRUC TURE FOR PARTICIPATI NG 17 | |
| 762 | + | PRODUCERS THAT IS SE T IN A MANNER TO COV ER COSTS ASSOCIATED WITH: 18 | |
| 763 | + | ||
| 764 | + | 1. IMPLEMENTING THE PLAN , INCLUDING THE 19 | |
| 765 | + | ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N; 20 | |
| 766 | + | ||
| 767 | + | 2. REIMBURSING LOCAL GOV ERNMENTS FOR COSTS I N 21 | |
| 768 | + | ACCORDANCE WITH ITEM (II) OF THIS PARAGRAPH ; 22 | |
| 769 | + | ||
| 770 | + | 3. THE ADMINISTRATION , REVIEW, OVERSIGHT, AND 23 | |
| 771 | + | ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ; 24 | |
| 772 | + | ||
| 773 | + | 4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 25 | |
| 774 | + | REDUCING PACKA GING MATERIALS IN AC CORDANCE WITH SUBSEC TION (B)(9) OF 26 | |
| 775 | + | THIS SECTION; AND 27 | |
| 776 | + | ||
| 777 | + | 5. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 28 | |
| 778 | + | IMPROVING REUSE , ORGANICS RECYCLING , AND RECYCLING IN THE STATE IN 29 | |
| 779 | + | ACCORDANCE WITH SUBS ECTION (B)(11) OF THIS SECTION; 30 | |
| 789 | 780 | 18 HOUSE BILL 284 | |
| 790 | 781 | ||
| 791 | 782 | ||
| 792 | - | (12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY 1 | |
| 793 | - | REQUEST REIMBURSEMEN T FOR COSTS ASSOCIAT ED WITH TRANSPORTING , 2 | |
| 794 | - | COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDENTIFIED IN 3 | |
| 795 | - | THE PLAN, INCLUDING: 4 | |
| 783 | + | (IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE 1 | |
| 784 | + | PARTICIPATING PRODUC ERS TO ENGAGE IN WAS TE REDUCTION AND REC YCLING 2 | |
| 785 | + | ACTIVITIES; AND 3 | |
| 796 | 786 | ||
| 797 | - | (I) THE PROCESS BY WHICH THE REQUEST WILL BE REVIEWED; 5 | |
| 787 | + | 2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE 4 | |
| 788 | + | DESIGNS OR PRACTICES THAT INCREASE THE CO ST OF MANAGING PACKAGING 5 | |
| 789 | + | MATERIALS; 6 | |
| 798 | 790 | ||
| 799 | - | (II) THE PROCESS FOR APPRO VING OR DENYING A RE QUEST 6 | |
| 800 | - | FOR REIMBURSEMENT ; 7 | |
| 791 | + | (V) BE EVALUATED BY AN INDEP ENDENT FINANCIAL AUD ITOR, 7 | |
| 792 | + | AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THAT THE C OSTS OF 8 | |
| 793 | + | IMPLEMENTING THE PLA N ARE COVERED ; AND 9 | |
| 801 | 794 | ||
| 802 | - | ( | |
| 803 | - | ||
| 795 | + | (VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE 10 | |
| 796 | + | DEPARTMENT BY REGULAT ION. 11 | |
| 804 | 797 | ||
| 805 | - | ( | |
| 806 | - | ||
| 798 | + | (2) THE REIMBURSEMENT RATE ESTABLISHED UND ER PARAGRAPH 12 | |
| 799 | + | (1)(II) OF THIS SUBSECTION S HALL BE: 13 | |
| 807 | 800 | ||
| 808 | - | (13) (I) PROVIDE THE WRITTEN R ECOMMENDATIONS FROM THE 12 | |
| 809 | - | ADVISORY COUNCIL PRO VIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND THE 13 | |
| 810 | - | PRODUCER RE SPONSIBILITY ORGANIZ ATION’S WRITTEN RESPONSE T O THE 14 | |
| 811 | - | ADVISORY COUNCIL ; AND 15 | |
| 801 | + | (I) BASED ON: 14 | |
| 812 | 802 | ||
| 813 | - | (II) DESCRIBE HOW THE WRIT TEN RECOMMENDATIONS FROM 16 | |
| 814 | - | THE ADVISORY COUNCIL WERE CONSIDERED AND ADDRESSED IN THE 17 | |
| 815 | - | DEVELOPMENT OF THE P LAN; AND 18 | |
| 803 | + | 1. THE POPULATION SIZE O F A LOCAL JURISDICTI ON; 15 | |
| 816 | 804 | ||
| 817 | - | | |
| 818 | - | ||
| 805 | + | 2. THE DISTANCE TO THE N EAREST RECYCLING OR 16 | |
| 806 | + | ORGANICS RECYCLING F ACILITY; 17 | |
| 819 | 807 | ||
| 820 | - | (C) BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 21 | |
| 821 | - | ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN 22 | |
| 822 | - | COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION , SHALL 23 | |
| 823 | - | ESTABLISH PERFORMANC E GOALS FOR EACH PACKAGING MATERIAL TYPE USING A 24 | |
| 824 | - | BASELINE YEAR THAT I S INFORMED BY THE ST ATEWIDE RECYCLING NE EDS 25 | |
| 825 | - | ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GO ALS FOR EACH 26 | |
| 826 | - | PACKAGING MATERIAL T YPE, AT 5–, 10–, AND 15–YEAR INTERVALS . 27 | |
| 808 | + | 3. THE COMMODITY VALUE O F RECYCLED PACKAGING 18 | |
| 809 | + | MATERIALS; AND 19 | |
| 827 | 810 | ||
| 828 | - | (D) (1) THE FINANCING METHOD THAT WILL BE USED BY A PRODUCER 28 | |
| 829 | - | RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODUCER RESPONSIB ILITY 29 | |
| 830 | - | PLAN SHALL: 30 | |
| 811 | + | 4. ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS 20 | |
| 812 | + | DETERMINED BY THE DEPARTMENT ; AND 21 | |
| 831 | 813 | ||
| 832 | - | (I) PROVIDE THE METHOD FO R EITHER DIRECT INVE STMENTS 31 | |
| 833 | - | OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , ORGANICS 32 | |
| 834 | - | RECYCLING, AND RECYCLING IN ACCOR DANCE WITH SUBSECTIO N (B)(11) OF THIS 33 | |
| 835 | - | SECTION; 34 HOUSE BILL 284 19 | |
| 814 | + | (II) DISCOUNTED EQUIVALENT TO THE ESTIMATED ANN UAL 22 | |
| 815 | + | VOLUME OF PACKAGING MATERIALS SOLD IN TH E STATE TO A PERSON THA T IS 23 | |
| 816 | + | EXEMPT FROM THE REQUIREMENTS OF THIS SUBTITLE UNDER § 9–2503(B) OF THIS 24 | |
| 817 | + | SUBTITLE. 25 | |
| 818 | + | ||
| 819 | + | (3) THE FEE STRUCTURE EST ABLISHED UNDER PARAG RAPH (1)(III) 26 | |
| 820 | + | OF THIS SUBSECTION S HALL BE VARIABLE BAS ED ON: 27 | |
| 821 | + | ||
| 822 | + | (I) COSTS ASSOCIATED WITH TRANSPORTING , COLLECTING, 28 | |
| 823 | + | AND PROCESSING PACKA GING MATERIALS; 29 | |
| 824 | + | ||
| 825 | + | (II) AN ECO–MODULATION OF FEES , INCLUDING ESTABLISHI NG: 30 HOUSE BILL 284 19 | |
| 836 | 826 | ||
| 837 | 827 | ||
| 838 | 828 | ||
| 839 | - | (II) PROVIDE A REASONABLE ANNUAL RATE PER TON OF 1 | |
| 840 | - | RECYCLED OR COMPOSTE D PACKAGING MATERIAL S FOR REIMBURSING LO CAL 2 | |
| 841 | - | GOVERNMENTS FOR COST S ASSOCIATED WITH : 3 | |
| 829 | + | 1. A HIGHER FEE FOR PACKA GING MATERIALS WITH 1 | |
| 830 | + | LOW RECYCLABILITY OR RECYCLED CONTENT ; AND 2 | |
| 842 | 831 | ||
| 843 | - | | |
| 844 | - | ||
| 832 | + | 2. A DISCOUNTED FEE FOR P ACKAGING MATERIALS 3 | |
| 833 | + | WITH HIGH RECYCLABIL ITY OR RECYCLED CONT ENT; AND 4 | |
| 845 | 834 | ||
| 846 | - | | |
| 847 | - | ||
| 835 | + | (III) ANY OTHER FACTOR , AS DETERMINED BY THE 5 | |
| 836 | + | DEPARTMENT . 6 | |
| 848 | 837 | ||
| 849 | - | | |
| 850 | - | ||
| 838 | + | (4) (I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL 7 | |
| 839 | + | RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN AC COUNT. 8 | |
| 851 | 840 | ||
| 852 | - | | |
| 853 | - | ||
| 841 | + | (II) THE DEPARTMENT MAY REQUES T AT ANY TIME AN AUD IT OF 9 | |
| 842 | + | THE FINANCIAL RECORDS OF A PRODUCER RESPONSIB ILITY ORGANIZATION . 10 | |
| 854 | 843 | ||
| 855 | - | (III) ESTABLISH A FEE STRUC TURE FOR PARTICIPATI NG 12 | |
| 856 | - | PRODUCERS THAT IS SE T IN A MANNER TO COV ER COSTS ASSOCIATED WITH: 13 | |
| 844 | + | (E) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE, ORGANICS 11 | |
| 845 | + | RECYCLING, AND RECYCLING SHALL INCLUDE INVESTMENT I N MARKET 12 | |
| 846 | + | DEVELOPMENT AND EXIS TING AND FUTURE REUS E, ORGANICS RECYCLING , AND 13 | |
| 847 | + | RECYCLING INFRASTRUCTU RE, GIVING PRIORITY TO I NVESTMENT IN EXISTIN G 14 | |
| 848 | + | INFRASTRUCTURE , INCLUDING: 15 | |
| 857 | 849 | ||
| 858 | - | 1. IMPLEMENTING THE PLAN , INCLUDING THE 14 | |
| 859 | - | ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N; 15 | |
| 850 | + | (1) INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE THE 16 | |
| 851 | + | SORTING OF PACKAGING MATERIALS AT EXISTIN G SORTING AND PROCES SING 17 | |
| 852 | + | FACILITIES; 18 | |
| 860 | 853 | ||
| 861 | - | 2 | |
| 862 | - | ||
| 854 | + | (2) MITIGATING THE IMPACT S OF PACKAGING MATERIA LS ON OTHER 19 | |
| 855 | + | COMMODITIES AT EXIST ING SORTING AND PROC ESSING FACILITIES; AND 20 | |
| 863 | 856 | ||
| 864 | - | 3. THE ADMINISTRATION , REVIEW, OVERSIGHT, AND 18 | |
| 865 | - | ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ; 19 | |
| 857 | + | (3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT, 21 | |
| 858 | + | AND FACILITIES, BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 22 | |
| 859 | + | ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE. 23 | |
| 866 | 860 | ||
| 867 | - | 4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 20 | |
| 868 | - | REDUCING PACKAGING M ATERIALS IN ACCORDAN CE WITH SUBSECTION (B)(9) OF 21 | |
| 869 | - | THIS SECTION; AND 22 | |
| 861 | + | (F) THE DEPARTMENT SHALL REVI EW: 24 | |
| 870 | 862 | ||
| 871 | - | 5. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 23 | |
| 872 | - | IMPROVING REUSE , ORGANICS RECYCLING , AND RECYCLING IN T HE STATE IN 24 | |
| 873 | - | ACCORDANCE WITH SUBS ECTION (B)(11) OF THIS SECTION; 25 | |
| 863 | + | (1) THE PRODUCER RESPONSI BILITY PLAN REQUIRED UNDER 25 | |
| 864 | + | SUBSECTION (A) OF THIS SECTION; AND 26 | |
| 874 | 865 | ||
| 875 | - | (IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE 26 | |
| 876 | - | PARTICIPATING PRODUC ERS TO ENGAGE IN WAS TE REDUCTION AND REC YCLING 27 | |
| 877 | - | ACTIVITIES; AND 28 | |
| 878 | - | ||
| 879 | - | 2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE 29 | |
| 880 | - | DESIGNS OR PRACTICES THAT INCRE ASE THE COST OF MANA GING PACKAGING 30 | |
| 881 | - | MATERIALS; 31 20 HOUSE BILL 284 | |
| 866 | + | (2) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL AUDITOR 27 | |
| 867 | + | DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMPONENT OF 28 | |
| 868 | + | THE PRODUCER RESPONS IBILITY PLAN UNDER S UBSECTION (D)(1)(V) OF THIS 29 | |
| 869 | + | SECTION. 30 | |
| 870 | + | 20 HOUSE BILL 284 | |
| 882 | 871 | ||
| 883 | 872 | ||
| 873 | + | (G) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED PRODUCER 1 | |
| 874 | + | RESPONSIBILITY PLAN , THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 2 | |
| 875 | + | CONDITIONS, OR REJECT THE PLAN . 3 | |
| 884 | 876 | ||
| 885 | - | (V) BE EVALUATED BY AN IN DEPENDENT FINANCIAL AUDITOR, 1 | |
| 886 | - | AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THAT THE C OSTS OF 2 | |
| 887 | - | IMPLEMENTING THE PLA N ARE COVERED ; AND 3 | |
| 877 | + | (2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 4 | |
| 878 | + | SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER : 5 | |
| 888 | 879 | ||
| 889 | - | (VI) MEET ANY OTHER REQUIREMENT ESTABLIS HED BY THE 4 | |
| 890 | - | DEPARTMENT BY REGULAT ION. 5 | |
| 880 | + | (I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH 6 | |
| 881 | + | THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 7 | |
| 882 | + | METHOD WILL COVER TH E COSTS OF IMPLEMENTING THE PLAN; AND 8 | |
| 891 | 883 | ||
| 892 | - | (2) THE REIMBURSEMENT RAT E ESTABLISHED UNDER PARAGRAPH 6 | |
| 893 | - | (1)(II) OF THIS SUBSECTION S HALL BE: 7 | |
| 884 | + | (II) THE PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED 9 | |
| 885 | + | SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN 10 | |
| 886 | + | DEVELOPING THE PLAN . 11 | |
| 894 | 887 | ||
| 895 | - | (I) BASED ON: 8 | |
| 888 | + | (3) NOT LATER THAN 60 DAYS AFTER THE DATE A PRODUCER 12 | |
| 889 | + | RESPONSIBILITY PLAN IS INITIALLY APPROVED U NDER THIS SECTION , A PRODUCER 13 | |
| 890 | + | RESPONSIBILITY ORGAN IZATION SHALL PAY TO THE DEPARTMENT : 14 | |
| 896 | 891 | ||
| 897 | - | | |
| 892 | + | (I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; 15 | |
| 898 | 893 | ||
| 899 | - | 2. THE DISTANCE TO THE N EAREST RECYCLING OR 10 | |
| 900 | - | ORGANICS RECYCLING F ACILITY; 11 | |
| 894 | + | (II) THE DEPARTMENT ’S ESTIMATED COSTS OF 16 | |
| 895 | + | ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITIAL 17 | |
| 896 | + | DATE OF APPROVAL AND THE DATE OF THE INIT IAL ANNUAL REPORT RE QUIRED 18 | |
| 897 | + | UNDER § 9–2507 OF THIS SUBTITLE. 19 | |
| 901 | 898 | ||
| 902 | - | 3. THE COMMODITY VALUE O F RECYCLED PACKAGING 12 | |
| 903 | - | MATERIALS; AND 13 | |
| 899 | + | (H) WITHIN 6 MONTHS AFTER THE DAT E A PRODUCER RESPONS IBILITY 20 | |
| 900 | + | PLAN IS APPROVED UND ER THIS SECTION , A PRODUCER RESPONSIB ILITY 21 | |
| 901 | + | ORGANIZAT ION SHALL IMPLEMENT THE PLAN. 22 | |
| 904 | 902 | ||
| 905 | - | 4. ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS 14 | |
| 906 | - | DETERMINED BY THE DEPARTMENT ; AND 15 | |
| 903 | + | (I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 23 | |
| 904 | + | AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER 24 | |
| 905 | + | RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS. 25 | |
| 907 | 906 | ||
| 908 | - | (II) DISCOUNTED EQUIVALENT TO THE ESTIMATED ANN UAL 16 | |
| 909 | - | VOLUME OF PACKAGING MATERIALS SOLD IN TH E STATE TO A PERSON THA T IS 17 | |
| 910 | - | EXEMPT FROM THE REQU IREMENTS OF THIS SUB TITLE UNDER § 9–2503(B) OF THIS 18 | |
| 911 | - | SUBTITLE. 19 | |
| 907 | + | (2) A PRODUCER RESPONSIBIL ITY PLAN MAY C ONTINUE AFTER 5 26 | |
| 908 | + | YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE 27 | |
| 909 | + | DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 28 | |
| 912 | 910 | ||
| 913 | - | (3) THE | |
| 914 | - | ||
| 911 | + | (3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PROD UCER 29 | |
| 912 | + | RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE. 30 | |
| 915 | 913 | ||
| 916 | - | (I) COSTS ASSOCIATED WITH TRANSPORTING , COLLECTING, 22 | |
| 917 | - | AND PROCESSING PACKA GING MATERIALS ; 23 | |
| 918 | - | ||
| 919 | - | (II) AN ECO–MODULATION OF FEES , INCLUDING ESTABLISHI NG: 24 | |
| 920 | - | ||
| 921 | - | 1. A HIGHER FEE FOR PACKA GING MATERIALS WITH 25 | |
| 922 | - | LOW RECYCLABILITY OR RECYCLED CONTENT ; AND 26 | |
| 923 | - | ||
| 924 | - | 2. A DISCOUNTED FEE FOR P ACKAGING MATERIALS 27 | |
| 925 | - | WITH HIGH RECYCLABIL ITY OR RECYCLED CONT ENT; AND 28 | |
| 926 | - | HOUSE BILL 284 21 | |
| 914 | + | (4) IF THE DEPARTMENT RESCINDS AN APP ROVAL OF A PRODUCER 31 | |
| 915 | + | RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 32 HOUSE BILL 284 21 | |
| 927 | 916 | ||
| 928 | 917 | ||
| 929 | - | (III) ANY OTHER FACTOR , AS DETERMINED BY THE 1 | |
| 930 | - | DEPARTMENT . 2 | |
| 918 | + | PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONS IBILITY ORGANIZATION 1 | |
| 919 | + | MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN 2 | |
| 920 | + | ACCORDANCE WITH THIS SUBTITLE. 3 | |
| 931 | 921 | ||
| 932 | - | (4) (I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL 3 | |
| 933 | - | RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN ACCOUNT . 4 | |
| 922 | + | (5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 4 | |
| 923 | + | OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION 5 | |
| 924 | + | (B)(3) OF THIS SECTION HAVE NOT BEEN ACHIEVED , THE DEPARTMENT MAY : 6 | |
| 934 | 925 | ||
| 935 | - | ( | |
| 936 | - | ||
| 926 | + | (I) REQUIRE THAT A PRODUC ER RESPONSIB ILITY 7 | |
| 927 | + | ORGANIZATION AMEND T HE PRODUCER RESPONSI BILITY PLAN; AND 8 | |
| 937 | 928 | ||
| 938 | - | (E) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE, ORGANICS 7 | |
| 939 | - | RECYCLING, AND RECYCLING SHALL INCLUDE INVEST MENT IN MARKET 8 | |
| 940 | - | DEVELOPMENT AND EXIS TING AND FUTURE REUS E, ORGANICS RECYCLING , AND 9 | |
| 941 | - | RECYCLING INFRASTRUC TURE, GIVING PRIORITY TO I NVESTMENT IN EXISTIN G 10 | |
| 942 | - | INFRASTRUCTURE , INCLUDING: 11 | |
| 929 | + | (II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRO DUCER 9 | |
| 930 | + | RESPONSIBILITY ORGAN IZATION IN ACCORDANC E WITH § 9–2510(C) OF THIS 10 | |
| 931 | + | SUBTITLE. 11 | |
| 943 | 932 | ||
| 944 | - | (1) INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE THE 12 | |
| 945 | - | SORTING OF PACKAGING MATERIALS AT EXISTING SORTING AND PROCESSI NG 13 | |
| 946 | - | FACILITIES; 14 | |
| 933 | + | (6) IF THE DEPARTMENT REQUIRES A PRODUCER RESPONSIBIL ITY 12 | |
| 934 | + | ORGANIZATION TO AMEN D THE PRODUCER RESPO NSIBILITY PLAN UNDER 13 | |
| 935 | + | PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER RESPONS IBILITY 14 | |
| 936 | + | ORGANIZATION MUST CO VER THE COST OF THE DEPARTMENT ’S REVIEW AND 15 | |
| 937 | + | SUPPLEMENTAL WORK ON THE PLAN. 16 | |
| 947 | 938 | ||
| 948 | - | (2) MITIGATING THE IMPACT S OF PACKAGING MATER IALS ON OTHER 15 | |
| 949 | - | COMMODITIES AT EXIST ING SORTING AND PROC ESSING FACILITIES; AND 16 | |
| 939 | + | 9–2505. 17 | |
| 950 | 940 | ||
| 951 | - | (3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT, 17 | |
| 952 | - | AND FACILITIES, BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 18 | |
| 953 | - | ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE. 19 | |
| 941 | + | (A) THERE IS A PRODUCER R ESPONSIBILITY PLAN AD VISORY COUNCIL . 18 | |
| 954 | 942 | ||
| 955 | - | (F) THE DEPARTMENT SHALL REVI EW: 20 | |
| 943 | + | (B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO PROVIDE ADVICE TO 19 | |
| 944 | + | THE DEPARTMENT AND PRODUC ER RESPONSIBILITY OR GANIZATIONS FOR 20 | |
| 945 | + | DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS. 21 | |
| 956 | 946 | ||
| 957 | - | (1) THE | |
| 958 | - | ||
| 947 | + | (C) (1) THE ADVISORY COUNCIL SHALL CONSIS T OF A BROAD RANGE O F 22 | |
| 948 | + | INTERESTED STAKEHOLD ERS APPOINTED BY THE SECRETARY, INCLUDING: 23 | |
| 959 | 949 | ||
| 960 | - | (2) THE WORK PRODUCT OF THE INDEPENDENT F INANCIAL AUDITOR 23 | |
| 961 | - | DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF 24 | |
| 962 | - | THE PRODUCER RESPONS IBILITY PLAN UNDER S UBSECTION (D)(1)(V) OF THIS 25 | |
| 963 | - | SECTION. 26 | |
| 950 | + | (I) REPRESENTATIVES FROM THE FOLLOWING INDUST RIES OR 24 | |
| 951 | + | ENTITIES IN THE STATE: 25 | |
| 964 | 952 | ||
| 965 | - | (G) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED PRODUCER 27 | |
| 966 | - | RESPONSIBIL ITY PLAN, THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 28 | |
| 967 | - | CONDITIONS, OR REJECT THE PLAN . 29 | |
| 953 | + | 1. LOCAL GOVERNMENT AGEN CIES RESPONSIBLE FOR 26 | |
| 954 | + | RECYCLING PROGRAMS ; 27 | |
| 968 | 955 | ||
| 969 | - | (2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 30 | |
| 970 | - | SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER : 31 | |
| 956 | + | 2. RECYCLABLES AND COMPO STABLE MATERIALS 28 | |
| 957 | + | COLLECTORS ; 29 | |
| 958 | + | ||
| 959 | + | 3. RECYCLING PROCESSORS ; 30 | |
| 971 | 960 | 22 HOUSE BILL 284 | |
| 972 | 961 | ||
| 973 | 962 | ||
| 974 | - | (I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH 1 | |
| 975 | - | THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 2 | |
| 976 | - | METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND 3 | |
| 963 | + | 4. ORGANICS RECYCLING PR OCESSORS; 1 | |
| 977 | 964 | ||
| 978 | - | (II) THE PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED 4 | |
| 979 | - | SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN 5 | |
| 980 | - | DEVELOPING THE PLAN. 6 | |
| 965 | + | 5. THE CONSUMER GOODS SE CTOR; 2 | |
| 981 | 966 | ||
| 982 | - | (3) NOT LATER THAN 60 DAYS AFTER THE DATE A PRODUCER 7 | |
| 983 | - | RESPONSIBILITY PLAN IS INITIALLY APPROVE D UNDER THIS SECTION , A PRODUCER 8 | |
| 984 | - | RESPONSIBILITY ORGAN IZATION SHALL PAY TO THE DEPARTMENT : 9 | |
| 967 | + | 6. RETAIL AND SMALL BUSI NESSES; AND 3 | |
| 985 | 968 | ||
| 986 | - | | |
| 969 | + | 7. MATERIAL–ORIENTED TRADE GROUP S; 4 | |
| 987 | 970 | ||
| 988 | - | (II) THE DEPARTMENT ’S ESTIMATED COSTS OF 11 | |
| 989 | - | ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITI AL 12 | |
| 990 | - | DATE OF APPROVAL AND THE DATE OF THE INIT IAL ANNUAL REPORT RE QUIRED 13 | |
| 991 | - | UNDER § 9–2507 OF THIS SUBTITLE. 14 | |
| 971 | + | (II) A REPRESENTATIVE FROM EACH PRODUCER 5 | |
| 972 | + | RESPONSIBILITY ORGAN IZATION; 6 | |
| 992 | 973 | ||
| 993 | - | (H) WITHIN 6 MONTHS AFTER THE DAT E A PRODUCER R ESPONSIBILITY 15 | |
| 994 | - | PLAN IS APPROVED UND ER THIS SECTION , A PRODUCER RESPONSIB ILITY 16 | |
| 995 | - | ORGANIZATION SHALL I MPLEMENT THE PLAN . 17 | |
| 974 | + | (III) REPRESENTATIVES OF AT LEAST TWO NONPROFIT 7 | |
| 975 | + | ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCING W ASTE; 8 | |
| 996 | 976 | ||
| 997 | - | (I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 18 | |
| 998 | - | AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER 19 | |
| 999 | - | RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS. 20 | |
| 977 | + | (IV) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL 9 | |
| 978 | + | ADVOCACY ORGANIZATIO N; 10 | |
| 1000 | 979 | ||
| 1001 | - | (2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINU E AFTER 5 21 | |
| 1002 | - | YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE 22 | |
| 1003 | - | DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 23 | |
| 980 | + | (V) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL 11 | |
| 981 | + | JUSTICE ADVOCACY ORG ANIZATION; AND 12 | |
| 1004 | 982 | ||
| 1005 | - | (3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PRODUC ER 24 | |
| 1006 | - | RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE. 25 | |
| 1007 | - | ||
| 1008 | - | (4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PROD UCER 26 | |
| 1009 | - | RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 27 | |
| 1010 | - | PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONS IBILITY ORGAN IZATION 28 | |
| 1011 | - | MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN 29 | |
| 1012 | - | ACCORDANCE WITH THIS SUBTITLE. 30 | |
| 1013 | - | ||
| 1014 | - | (5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 31 | |
| 1015 | - | OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION 32 | |
| 1016 | - | (B)(3) OF THIS SECTION HAVE NOT BEEN ACHIEVED, THE DEPARTMENT MAY : 33 | |
| 1017 | - | HOUSE BILL 284 23 | |
| 1018 | - | ||
| 1019 | - | ||
| 1020 | - | (I) REQUIRE THAT A PRODUC ER RESPONSIBILITY 1 | |
| 1021 | - | ORGANIZATION AMEND T HE PRODUCER RESPONSI BILITY PLAN; AND 2 | |
| 1022 | - | ||
| 1023 | - | (II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRO DUCER 3 | |
| 1024 | - | RESPONSIBILITY ORGAN IZATION IN ACCORDANC E WITH § 9–2510(C) OF THIS 4 | |
| 1025 | - | SUBTITLE. 5 | |
| 1026 | - | ||
| 1027 | - | (6) IF THE DEPARTMENT REQUIRES A PRODUCER RESPONSIBIL ITY 6 | |
| 1028 | - | ORGANIZATION TO AMEN D THE PRODUCER RESPO NSIBILITY PLAN UNDER 7 | |
| 1029 | - | PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER RESPONS IBILITY 8 | |
| 1030 | - | ORGANIZATION MUST CO VER THE COST OF THE DEPARTMENT ’S REVIEW AND 9 | |
| 1031 | - | SUPPLEMENTAL WORK ON THE PLAN. 10 | |
| 1032 | - | ||
| 1033 | - | 9–2505. 9–2502. 11 | |
| 1034 | - | ||
| 1035 | - | (A) THERE IS A PRODUCER R ESPONSIBILITY PLAN ADVISORY COUNCIL . 12 | |
| 1036 | - | ||
| 1037 | - | (B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO PROVIDE ADVICE TO 13 | |
| 1038 | - | THE DEPARTMENT AND PRODUC ER RESPONSIBILITY ORGANIZATIONS FOR 14 | |
| 1039 | - | DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS 15 | |
| 1040 | - | AND MAKE RECOMMENDAT IONS REGARDING ESTAB LISHING AND IMPLEMEN TING A 16 | |
| 1041 | - | PRODUCER RESPONSIBIL ITY PROGRAM IN THE STATE FOR PACKAGING M ATERIALS. 17 | |
| 1042 | - | ||
| 1043 | - | (C) (1) THE ADVISORY COUNCIL SHALL CONSIST OF UP TO 21 MEMBERS, 18 | |
| 1044 | - | APPOINTED BY THE SECRETARY, REPRESENTING A BROAD RANGE OF INT ERESTED 19 | |
| 1045 | - | STAKEHOLDERS APPOINT ED BY THE SECRETARY, INCLUDING: 20 | |
| 1046 | - | ||
| 1047 | - | (I) REPRESENTATIVES FROM THE FOLLOWING INDUST RIES OR 21 | |
| 1048 | - | ENTITIES IN THE STATE: 22 | |
| 1049 | - | ||
| 1050 | - | 1. LOCAL GOVERNMENT AGEN CIES RESPONSIBLE FOR 23 | |
| 1051 | - | RECYCLING PROGRAMS ; 24 | |
| 1052 | - | ||
| 1053 | - | 2. RECYCLABLES AND COMPO STABLE MATERIALS 25 | |
| 1054 | - | COLLECTORS FROM BOTH THE PUBLIC AND PRIVATE SECTORS ; 26 | |
| 1055 | - | ||
| 1056 | - | 3. RECYCLING PROCESSORS FROM BOTH THE PUBLIC 27 | |
| 1057 | - | AND PRIVATE SECTORS ; 28 | |
| 1058 | - | ||
| 1059 | - | 4. ORGANICS RECY CLING PROCESSORS ; 29 | |
| 1060 | - | ||
| 1061 | - | 5. THE PRODUCERS FROM THE CONSUMER GOODS 30 | |
| 1062 | - | SECTOR; 31 | |
| 1063 | - | 24 HOUSE BILL 284 | |
| 1064 | - | ||
| 1065 | - | ||
| 1066 | - | 6. RETAIL AND SMALL BUSI NESSES; AND 1 | |
| 1067 | - | ||
| 1068 | - | 7. MATERIAL–ORIENTED TRADE GROUP S; 2 | |
| 1069 | - | ||
| 1070 | - | (II) A REPRESENTATIVE FROM EACH PRODUCER 3 | |
| 1071 | - | RESPONSIBILITY ORGAN IZATION; 4 | |
| 1072 | - | ||
| 1073 | - | (III) REPRESENTATIVES OF AT LEAST TWO NONPROFIT 5 | |
| 1074 | - | ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCING W ASTE; 6 | |
| 1075 | - | ||
| 1076 | - | (IV) (III) AT LEAST ONE REPRESEN TATIVE OF AN 7 | |
| 1077 | - | ENVIRONMENTAL ADVOCA CY ORGANIZATION ; 8 | |
| 1078 | - | ||
| 1079 | - | (V) (IV) AT LEAST ONE REPRESEN TATIVE OF AN 9 | |
| 1080 | - | ENVIRONMENTAL JUSTICE ADVOCACY ORGANIZATIO N THAT ADVOCATES ON BE HALF 10 | |
| 1081 | - | OF OVERBURDENED OR U NDERSERVED COMMUNITI ES, AS DEFINED IN § 1–701 OF 11 | |
| 1082 | - | THIS ARTICLE; AND 12 | |
| 1083 | - | ||
| 1084 | - | (VI) (V) AT LEAST TWO MEMBERS OF THE PUBLIC WHO RE SIDE 13 | |
| 1085 | - | IN THE STATE. 14 | |
| 983 | + | (VI) AT LEAST TWO MEMBERS OF THE PUBLIC WHO RE SIDE IN 13 | |
| 984 | + | THE STATE. 14 | |
| 1086 | 985 | ||
| 1087 | 986 | (2) IN APPOINTING MEM BERS TO THE ADVISORY COUNCIL, THE 15 | |
| 1088 | 987 | SECRETARY SHALL , TO THE EXTENT PRACTI CABLE, ENSURE THAT THE 16 | |
| 1089 | 988 | MEMBERSHIP OF THE AD VISORY COUNCIL REPRE SENTS: 17 | |
| 1090 | 989 | ||
| 1091 | 990 | (I) ALL GEOGRAPHIC REGION S OF THE STATE; 18 | |
| 1092 | 991 | ||
| 1093 | 992 | (II) LARGE AND SMALL COUNT IES AND MUNICIPALITI ES; AND 19 | |
| 1094 | 993 | ||
| 1095 | 994 | (III) THE VARIABILITY IN HO W WASTE AND RECYCLAB LE AND 20 | |
| 1096 | 995 | COMPOSTABLE MATERIAL S ARE COLLECTED AND PROCESSED IN THE STATE. 21 | |
| 1097 | 996 | ||
| 1098 | 997 | (3) A REPRESENTATIVE FROM A PRODUCER RESPONSIB ILITY 22 | |
| 1099 | 998 | ORGANIZATION MAY NOT SERVE AS A VOTING ME MBER OR AS COCHAIR O F THE 23 | |
| 1100 | 999 | ADVISORY COUNCIL . 24 | |
| 1101 | 1000 | ||
| 1102 | 1001 | (D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY 25 | |
| 1103 | 1002 | SHALL DESIGNATE TWO REPRESENTATIVES TO S ERVE AS COCHAIRS . 26 | |
| 1104 | 1003 | ||
| 1105 | - | (E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE AD VISORY 27 | |
| 1106 | - | COUNCIL. 28 | |
| 1107 | - | ||
| 1108 | - | (F) A MEMBER OF THE ADVISO RY COUNCIL: 29 | |
| 1109 | - | HOUSE BILL 284 25 | |
| 1004 | + | (E) A MEMBER OF THE ADVISO RY COUNCIL: 27 | |
| 1005 | + | HOUSE BILL 284 23 | |
| 1110 | 1006 | ||
| 1111 | 1007 | ||
| 1112 | 1008 | (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 1 | |
| 1113 | 1009 | ADVISORY COUNCIL ; BUT 2 | |
| 1114 | 1010 | ||
| 1115 | 1011 | (2) IS ENTITLED TO REI MBURSEMENT FOR EXPEN SES UNDER THE 3 | |
| 1116 | 1012 | STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 4 | |
| 1117 | 1013 | ||
| 1118 | - | (F) (G) THE ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY THE 5 | |
| 1119 | - | REQUEST OF THE SECRETARY. 6 | |
| 1014 | + | (F) THE ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY. 5 | |
| 1120 | 1015 | ||
| 1121 | - | (G) (H) (1) THE ADVISORY COUNCIL SHALL: EVALUATE AND MAKE 7 | |
| 1122 | - | RECOMMENDATIONS , INCLUDING LEGISLATIV E RECOMMENDATIONS , ON HOW TO 8 | |
| 1123 | - | EFFECTIVELY ESTABLIS H AND IMPLEMENT A PR ODUCER RESPONSIBILIT Y 9 | |
| 1124 | - | PROGRAM IN THE STATE FOR PACKAGING M ATERIALS. 10 | |
| 1016 | + | (G) THE ADVISORY COUNCIL SHALL: 6 | |
| 1125 | 1017 | ||
| 1126 | - | (2) IN MAKING RECOMMENDAT IONS UNDER PARAGRAPH (1) OF THIS 11 | |
| 1127 | - | SUBSECTION, THE ADVISORY COUNCIL SHALL INCLUDE RECOMM ENDATIONS FOR 12 | |
| 1128 | - | CREATING A SINGLE RE PRESENTATIVE ORGANIZ ATION OF PRODUCERS T O 13 | |
| 1129 | - | INITIALLY FULFILL TH E REQUIREMENTS UNDER A PRODUCER RESPONSIB ILITY 14 | |
| 1130 | - | PROGRAM. 15 | |
| 1018 | + | (1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY 7 | |
| 1019 | + | ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A 8 | |
| 1020 | + | PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 9–2504 OF THIS SUBTITLE; 9 | |
| 1131 | 1021 | ||
| 1132 | - | (I) ON OR BEFORE DECEMBER 1, 2025, THE ADVISORY COUNCIL SHALL 16 | |
| 1133 | - | REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN 17 | |
| 1134 | - | ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 18 | |
| 1135 | - | COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT AND THE HOUSE 19 | |
| 1136 | - | ENVIRONMENT AND TRANSPORTATION COMMITTEE. 20 | |
| 1022 | + | (2) RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS 10 | |
| 1023 | + | SUBMITTED IN ACCORDA NCE WITH § 9–2504 OF THIS SUBTITLE; 11 | |
| 1137 | 1024 | ||
| 1138 | - | (1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY 21 | |
| 1139 | - | ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A 22 | |
| 1140 | - | PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 9–2504 OF THIS SUBTITLE; 23 | |
| 1025 | + | (3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN 12 | |
| 1026 | + | ACCORDANCE WITH § 9–2507 OF THIS SUBTITLE; 13 | |
| 1141 | 1027 | ||
| 1142 | - | ( | |
| 1143 | - | ||
| 1028 | + | (4) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING 14 | |
| 1029 | + | PRODUCER RESPONSIBIL ITY PLAN APPROVAL ; 15 | |
| 1144 | 1030 | ||
| 1145 | - | (3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN 26 | |
| 1146 | - | ACCORDANCE WITH § 9–2507 OF THIS SUBTITLE; 27 | |
| 1031 | + | (5) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND 16 | |
| 1032 | + | PRODUCER RE SPONSIBILITY ORGANIZ ATIONS REGARDING PRO DUCER 17 | |
| 1033 | + | RESPONSIBILITY PLAN IMPLEMENTATION ; AND 18 | |
| 1147 | 1034 | ||
| 1148 | - | (4) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING 28 | |
| 1149 | - | PRODUCER RESPONSIBIL ITY PLAN APPROVAL ; 29 | |
| 1035 | + | (6) PROVIDE WRITTEN RECOM MENDATIONS REGARDING THE 19 | |
| 1036 | + | PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN 20 | |
| 1037 | + | APPROVED PLAN , TO A PRODUCER RESPON SIBILITY ORGA NIZATION BEFORE THE 21 | |
| 1038 | + | PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE 22 | |
| 1039 | + | DEPARTMENT . 23 | |
| 1150 | 1040 | ||
| 1151 | - | (5) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND 30 | |
| 1152 | - | PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE GARDING PRODUCER 31 | |
| 1153 | - | RESPONSIBILITY PLAN IMPLEMENTATION ; AND 32 | |
| 1154 | - | 26 HOUSE BILL 284 | |
| 1041 | + | 9–2506. 24 | |
| 1042 | + | ||
| 1043 | + | (A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER 25 | |
| 1044 | + | RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER 26 | |
| 1045 | + | RESPONSIBILITY PLAN ON FILE WI TH THE DEPARTMENT , AND ANY OTHER 27 | |
| 1046 | + | REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT M AY 28 | |
| 1047 | + | REQUEST REIMBURSEMEN T FROM A PRODUCER RE SPONSIBILITY ORGANIZ ATION 29 | |
| 1048 | + | FOR COSTS ASSOCIATED WITH COLLECTING , TRANSPORTING , AND PROCESSING 30 | |
| 1049 | + | PACKAGING MATERIALS THAT ARE I DENTIFIED UNDER THE PLAN, INCLUDING COSTS 31 | |
| 1050 | + | ASSOCIATED WITH RECY CLING SERVICES FOR P UBLIC PLACES AND PUB LIC 32 24 HOUSE BILL 284 | |
| 1155 | 1051 | ||
| 1156 | 1052 | ||
| 1157 | - | (6) PROVIDE WRITTEN RECOM MENDATIONS REGARDING THE 1 | |
| 1158 | - | PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN 2 | |
| 1159 | - | APPROVED PLAN , TO A PRODUCER RESPON SIBILITY ORGANIZATIO N BEFORE THE 3 | |
| 1160 | - | PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE 4 | |
| 1161 | - | DEPARTMENT . 5 | |
| 1053 | + | HOUSING. 1 | |
| 1162 | 1054 | ||
| 1163 | - | 9–2506. 6 | |
| 1055 | + | (B) (1) IF MULTIPLE PRODUCER RESPONSIBILITY ORGAN IZATIONS 2 | |
| 1056 | + | REGISTER APPROVED PR ODUCER RESPONSIBILIT Y PLANS WITH THE DEPARTMENT 3 | |
| 1057 | + | IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY 4 | |
| 1058 | + | ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UNDER THIS 5 | |
| 1059 | + | SECTION. 6 | |
| 1164 | 1060 | ||
| 1165 | - | (A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODU CER 7 | |
| 1166 | - | RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER 8 | |
| 1167 | - | RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT , AND ANY OTHER 9 | |
| 1168 | - | REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT M AY 10 | |
| 1061 | + | (2) MULTIPLE PRODUCER RES PONSIBILITY ORGANIZA TIONS MAY 7 | |
| 1062 | + | ESTABLISH A THIRD –PARTY ENTITY TO COOR DINATE REIMBURS EMENT IN 8 | |
| 1063 | + | ACCORDANCE WITH THIS SUBSECTION. 9 | |
| 1064 | + | ||
| 1065 | + | (C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GO VERNMENT TO 10 | |
| 1169 | 1066 | REQUEST REIMBURSEMEN T FROM A PRODUCER RE SPONSIBILITY ORGANIZ ATION 11 | |
| 1170 | - | FOR COSTS ASSOCIATED WITH COLLECTING , TRANSPORTING , AND PROCESSING 12 | |
| 1171 | - | PACKAGING MATERIALS THAT ARE IDENTIFIED UNDER THE PLAN , INCLUDING COSTS 13 | |
| 1172 | - | ASSOCIATED WITH RECY CLING SERVICES FOR P UBLIC PLACES AND PUB LIC 14 | |
| 1173 | - | HOUSING. 15 | |
| 1067 | + | FOR COSTS ASSOCIATED WITH COMPOSTING MATE RIALS THAT ARE NOT P ACKAGING 12 | |
| 1068 | + | MATERIALS, INCLUDING FOOD WASTE AND OTHER ORGANIC MA TERIALS. 13 | |
| 1174 | 1069 | ||
| 1175 | - | (B) (1) IF MULTIPLE PRODUCER RE SPONSIBILITY ORGANIZ ATIONS 16 | |
| 1176 | - | REGISTER APPROVED PR ODUCER RESPONSIBILIT Y PLANS WITH THE DEPARTMENT 17 | |
| 1177 | - | IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY 18 | |
| 1178 | - | ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UNDER THIS 19 | |
| 1179 | - | SECTION. 20 | |
| 1070 | + | 9–2507. 14 | |
| 1180 | 1071 | ||
| 1181 | - | (2) MULTIPLE PRODUCER RES PONSIBILITY ORGANIZA TIONS MAY 21 | |
| 1182 | - | ESTABLISH A THIRD –PARTY ENTITY TO COOR DINATE REIMBURSEMENT IN 22 | |
| 1183 | - | ACCORDANCE WITH THIS SUBSECTION. 23 | |
| 1072 | + | (A) BEGINNING MARCH 1, 2027, EACH PRODUCER RESPON SIBILITY 15 | |
| 1073 | + | ORGANIZATION THAT HA S AN APPROVED PRODUC ER RESPONSIBILITY PL AN ON FILE 16 | |
| 1074 | + | WITH THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE DEPARTMENT ON THE 17 | |
| 1075 | + | PROGRESS TOWARD MEET ING PLAN REQUIREMENT S AND GOALS FOR THE 18 | |
| 1076 | + | IMMEDIATELY PRECEDIN G CALENDAR YEAR . 19 | |
| 1184 | 1077 | ||
| 1185 | - | (C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GO VERNMENT TO 24 | |
| 1186 | - | REQUEST REIMBURSEMEN T FROM A PRODUCER RE SPONSIBILITY ORGANIZATION 25 | |
| 1187 | - | FOR COSTS ASSOCIATED WITH COMPOSTING MATE RIALS THAT ARE NOT P ACKAGING 26 | |
| 1188 | - | MATERIALS, INCLUDING FOOD WASTE AND OTHER ORGANIC MA TERIALS. 27 | |
| 1078 | + | (B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 20 | |
| 1079 | + | SHALL INCLUDE : 21 | |
| 1189 | 1080 | ||
| 1190 | - | 9–2507. 28 | |
| 1081 | + | (1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 22 | |
| 1082 | + | USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKAGING 23 | |
| 1083 | + | MATERIALS; 24 | |
| 1191 | 1084 | ||
| 1192 | - | (A) BEGINNING MARCH 1, 2027, EACH PRODUCER RESPON SIBILITY 29 | |
| 1193 | - | ORGANIZATION THAT HA S AN APPROVED PRODUCER RESPONSIBIL ITY PLAN ON FILE 30 | |
| 1194 | - | WITH THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE DEPARTMENT ON THE 31 | |
| 1195 | - | PROGRESS TOWARD MEET ING PLAN REQUIREMENT S AND GOALS FOR THE 32 | |
| 1196 | - | IMMEDIATELY PRECEDIN G CALENDAR YEAR . 33 | |
| 1085 | + | (2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS 25 | |
| 1086 | + | ESTABLISHED UNDER § 9–2504(B)(3) OF THIS SUBTITLE; AND 26 | |
| 1197 | 1087 | ||
| 1198 | - | (B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 34 | |
| 1199 | - | SHALL INCLUDE : 35 | |
| 1200 | - | HOUSE BILL 284 27 | |
| 1088 | + | (II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION 27 | |
| 1089 | + | OF THE ACTIONS PROPO SED TO ACHIEVE THE GOALS; 28 | |
| 1090 | + | ||
| 1091 | + | (3) THE AMOUNT OF EACH PACKAGING MATERIAL TYPE COLLEC TED 29 | |
| 1092 | + | IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EA CH PACKAGING 30 | |
| 1093 | + | MATERIAL TYPE ; 31 | |
| 1094 | + | HOUSE BILL 284 25 | |
| 1201 | 1095 | ||
| 1202 | 1096 | ||
| 1203 | - | (1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 1 | |
| 1204 | - | USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKA GING 2 | |
| 1205 | - | MATERIALS; 3 | |
| 1097 | + | (4) (I) THE NUMBER OF BEVERAG E CONTAINERS SOLD IN THE 1 | |
| 1098 | + | STATE AND THE NUMBER COLLECTED, BY MATERIAL TYPE; 2 | |
| 1206 | 1099 | ||
| 1207 | - | (2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS 4 | |
| 1208 | - | ESTABLISHED UNDER § 9–2504(B)(3) OF THIS SUBTITLE; AND 5 | |
| 1100 | + | (II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE OF 3 | |
| 1101 | + | RECYCLING OF BEVERAG E CONTAINERS BY MATE RIAL TYPE, AFTER SUBTRACTING 4 | |
| 1102 | + | CONTAMINATION RATES , AND BY NUMBER OF UNI TS AND WEIGHT ; AND 5 | |
| 1209 | 1103 | ||
| 1210 | - | (II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION 6 | |
| 1211 | - | OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS; 7 | |
| 1104 | + | (III) 1. A DESCRIPTION OF THE L OCATION OF COLLECTIO N 6 | |
| 1105 | + | FACILITIES OR POINTS AND SORTING AND PROCESSI NG FACILITIES FOR BE VERAGE 7 | |
| 1106 | + | CONTAINERS; 8 | |
| 1212 | 1107 | ||
| 1213 | - | | |
| 1214 | - | IN THE | |
| 1215 | - | ||
| 1108 | + | 2. A DESCRIPTION OF ANY I MPROVEMENTS MADE IN THE 9 | |
| 1109 | + | REPORTING YEAR TO IN CREASE THE EASE AND CONVENIENCE FOR CONS UMERS TO 10 | |
| 1110 | + | RETURN BEVERAGE CONT AINERS; 11 | |
| 1216 | 1111 | ||
| 1217 | - | (4) (I) THE NUMBER OF BEVERAG E CONTAINERS SOLD IN THE 11 | |
| 1218 | - | STATE AND THE NUMBER COLLECTED, BY MATERIAL TYPE ; 12 | |
| 1112 | + | 3. A DESCRIPTION OF UNDERSERVED AREAS AND 12 | |
| 1113 | + | ACTIONS THAT WILL BE TAKEN BY THE PRODUCE R RESPONSIBILITY ORG ANIZATION 13 | |
| 1114 | + | TO IMPROVE THE AVAIL ABILITY OF COLLECTIO N FACILITIES OR POIN TS IN 14 | |
| 1115 | + | UNDERSERVED AREAS ; AND 15 | |
| 1219 | 1116 | ||
| 1220 | - | (II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE OF 13 | |
| 1221 | - | RECYCLING OF BEVERAG E CONTAINERS BY MATE RIAL TYPE, AFTER SUBTRACTING 14 | |
| 1222 | - | CONTAMINATION RATES, AND BY NUMBER OF UNI TS AND WEIGHT ; AND 15 | |
| 1117 | + | 4. ANY OTHER INFORMATION ON BEVERAGE 16 | |
| 1118 | + | CONTAINERS REQUIRED BY THE DEPARTMENT; 17 | |
| 1223 | 1119 | ||
| 1224 | - | (III) 1. A DESCRIPTION OF THE L OCATION OF COLLECTIO N 16 | |
| 1225 | - | FACILITIES OR POINTS AND SORTING AND PROC ESSING FACILITIES FO R BEVERAGE 17 | |
| 1226 | - | CONTAINERS; 18 | |
| 1120 | + | (5) THE TOTAL COST OF IMP LEMENTING THE PLAN , AS DETERMINED 18 | |
| 1121 | + | BY AN INDEPENDENT FI NANCIAL AUDITOR INCL UDING: 19 | |
| 1227 | 1122 | ||
| 1228 | - | 2. A DESCRIPTION OF ANY I MPROVEMENTS MADE IN THE 19 | |
| 1229 | - | REPORTING YEAR TO INCREASE THE EASE AND CONVENIENCE FOR CONSUMERS TO 20 | |
| 1230 | - | RETURN BEVERAGE CONT AINERS; 21 | |
| 1123 | + | (I) A COPY OF THE WORK PRO DUCT OF THE INDEPEND ENT 20 | |
| 1124 | + | FINANCIAL AUDITOR ; AND 21 | |
| 1231 | 1125 | ||
| 1232 | - | 3. A DESCRIPTION OF UNDER SERVED AREAS AND 22 | |
| 1233 | - | ACTIONS THAT WILL BE TAKEN BY THE PRODUCE R RESPONSIBILITY ORG ANIZATION 23 | |
| 1234 | - | TO IMPROVE THE AVAIL ABILITY OF COLLECTIO N FACILITIES OR POINTS IN 24 | |
| 1235 | - | UNDERSERVED AREAS ; AND 25 | |
| 1126 | + | (II) FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS 22 | |
| 1127 | + | RECEIVED AND ISSUED BY THE PRODUCERS COVERED UNDER THE APPROVED PLAN ; 23 | |
| 1236 | 1128 | ||
| 1237 | - | | |
| 1238 | - | ||
| 1129 | + | (6) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO 24 | |
| 1130 | + | CONSUMERS OR OTHER E NTITIES; 25 | |
| 1239 | 1131 | ||
| 1240 | - | (5) THE TOTAL COST OF IMP LEMENTING THE PLAN , AS DETERMINED 28 | |
| 1241 | - | BY AN INDEPENDENT FI NANCIAL AUDITOR INCL UDING: 29 | |
| 1132 | + | (7) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN 26 | |
| 1133 | + | EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS, 27 | |
| 1134 | + | INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 28 | |
| 1135 | + | OF THE PLAN CAN BE I MPROVED; 29 | |
| 1242 | 1136 | ||
| 1243 | - | (I) A COPY OF THE WORK PRODUCT OF THE INDEP ENDENT 30 | |
| 1244 | - | FINANCIAL AUDITOR ; AND 31 | |
| 1245 | - | 28 HOUSE BILL 284 | |
| 1246 | - | ||
| 1247 | - | ||
| 1248 | - | (II) FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS 1 | |
| 1249 | - | RECEIVED AND ISSUED BY THE PRODUCERS COV ERED UNDER THE APPRO VED PLAN; 2 | |
| 1250 | - | ||
| 1251 | - | (6) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO 3 | |
| 1252 | - | CONSUMERS OR OTHER ENTITIES; 4 | |
| 1253 | - | ||
| 1254 | - | (7) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN 5 | |
| 1255 | - | EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS, 6 | |
| 1256 | - | INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 7 | |
| 1257 | - | OF THE PLAN CAN BE I MPROVED; 8 | |
| 1258 | - | ||
| 1259 | - | (8) A DETAILED DE SCRIPTION OF INVESTM ENTS MADE IN MARKET 9 | |
| 1260 | - | DEVELOPMENT AND FOR IMPROVING REUSE , ORGANICS RECYCLING , AND 10 | |
| 1261 | - | RECYCLING INFRASTRUC TURE; 11 | |
| 1262 | - | ||
| 1263 | - | (9) PROOF OF A THIRD –PARTY AUDIT OF : 12 | |
| 1264 | - | ||
| 1265 | - | (I) THE REDUCTION IN PACK AGING REPORTED ; 13 | |
| 1266 | - | ||
| 1267 | - | (II) THE DATA USED TO DETE RMINE THE ST ATUS OF ACHIEVING 14 | |
| 1268 | - | PERFORMANCE GOALS ; 15 | |
| 1269 | - | ||
| 1270 | - | (III) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E 16 | |
| 1271 | - | COLLECTED IN THE STATE; 17 | |
| 1272 | - | ||
| 1273 | - | (IV) THE NUMBER OF BEVERAG E CONTAINERS SOLD , 18 | |
| 1274 | - | COLLECTED, AND REDEEMED IN THE STATE; AND 19 | |
| 1275 | - | ||
| 1276 | - | (V) THE OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF 20 | |
| 1277 | - | BEVERAGE CONTAINERS IN THE STATE; AND 21 | |
| 1278 | - | ||
| 1279 | - | (10) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT . 22 | |
| 1280 | - | ||
| 1281 | - | (C) WHEN PROVIDING THE DEPARTMENT WITH THE A NNUAL REPORT 23 | |
| 1282 | - | REQUIRED UNDER THIS SECTION, A PRODUCER RESPONSIB ILITY ORGANIZATION 24 | |
| 1283 | - | SHALL PAY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED COSTS OF 25 | |
| 1284 | - | ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 YEAR 26 | |
| 1285 | - | IMMEDIATELY FOLLOWIN G THE ANNUAL REPORT . 27 | |
| 1286 | - | ||
| 1287 | - | (D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 28 | |
| 1288 | - | DEPARTMENT BY A PRODU CER RESPONSIBILITY ORGANIZATION SHALL B E KEPT 29 | |
| 1289 | - | CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 30 | |
| 1290 | - | INSPECTION. 31 | |
| 1291 | - | HOUSE BILL 284 29 | |
| 1292 | - | ||
| 1293 | - | ||
| 1294 | - | (E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE 1 | |
| 1295 | - | POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PR ODUCER 2 | |
| 1296 | - | RESPONSIBILITY ORGAN IZATION. 3 | |
| 1297 | - | ||
| 1298 | - | 9–2508. 4 | |
| 1299 | - | ||
| 1300 | - | ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN 5 | |
| 1301 | - | COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 6 | |
| 1302 | - | RELATING TO ANTITRUS T AND RESTRAINT OF T RADE FOR ANY COOPERA TED 7 | |
| 1303 | - | ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSAL OF PACK AGING 8 | |
| 1304 | - | MATERIALS. 9 | |
| 1305 | - | ||
| 1306 | - | 9–2509. 10 | |
| 1307 | - | ||
| 1308 | - | THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 11 | |
| 1309 | - | SUBTITLE. 12 | |
| 1310 | - | ||
| 1311 | - | 9–2510. 13 | |
| 1312 | - | ||
| 1313 | - | (A) EXCEPT AS OTHERWISE P ROVIDED UNDER SUBSEC TIONS (B) AND (C) OF 14 | |
| 1314 | - | THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY 15 | |
| 1315 | - | TO ENFORCE VIOLATION S OF: 16 | |
| 1316 | - | ||
| 1317 | - | (1) THIS SUBTITLE; 17 | |
| 1318 | - | ||
| 1319 | - | (2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR 18 | |
| 1320 | - | ||
| 1321 | - | (3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 19 | |
| 1322 | - | ||
| 1323 | - | (B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION 20 | |
| 1324 | - | THAT VIOLATES THIS S UBTITLE IS SUBJECT TO: 21 | |
| 1325 | - | ||
| 1326 | - | (I) FOR A FIRST VIOLATION , A CIVIL PENALTY OF $5,000; 22 | |
| 1327 | - | ||
| 1328 | - | (II) FOR A SECOND VIOLATIO N, A CIVIL PENALTY OF $10,000; 23 | |
| 1329 | - | AND 24 | |
| 1330 | - | ||
| 1331 | - | (III) FOR A THIRD AND SUBSE QUENT VIOLATION , A CIVIL 25 | |
| 1332 | - | PENALTY OF $20,000. 26 | |
| 1333 | - | ||
| 1334 | - | (2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS 27 | |
| 1335 | - | SECTION UNLESS : 28 | |
| 1336 | - | 30 HOUSE BILL 284 | |
| 1337 | - | ||
| 1338 | - | ||
| 1339 | - | (I) THE DEPARTMENT FIRST ISSU ES A WRITTEN NOTICE OF 1 | |
| 1340 | - | VIOLATION TO THE PRO DUCER; AND 2 | |
| 1341 | - | ||
| 1342 | - | (II) THE VIOLATION IS NOT CORRECTED WITHIN 60 DAYS OF 3 | |
| 1343 | - | RECEIPT OF THE WRITT EN NOTICE. 4 | |
| 1344 | - | ||
| 1345 | - | (C) IF, BASED ON THE ANNUAL REPORT SUBMITT ED UNDER § 9–2507 OF 5 | |
| 1346 | - | THIS SUBTITLE, THE PERFORMANCE GOAL S ESTABLISHED UNDER § 9–2504(B)(3) OF 6 | |
| 1347 | - | THIS SUBTITLE HAVE N OT BEEN ACHIEVED , THE DEPARTMENT MAY IMPOSE AN 7 | |
| 1348 | - | ADMINISTRATIVE PENAL TY, NOT TO EXCEED $5,000, ON THE PRODUCER 8 | |
| 1349 | - | RESPONSIBILITY ORGAN IZATION. 9 | |
| 1350 | - | ||
| 1351 | - | (D) ANY PENALTY COLLECTED BY THE DEPARTMENT UNDER THIS SECTION 10 | |
| 1352 | - | SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 11 | |
| 1353 | - | 9–1707 OF THIS TITLE. 12 | |
| 1354 | - | ||
| 1355 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: 13 | |
| 1356 | - | ||
| 1357 | - | (a) In this section, “advisory council” and “producer” have the meanings stated in 14 | |
| 1358 | - | § 9–2501 of the Environment Article, as enacted under Section 1 of this Act. 15 | |
| 1359 | - | ||
| 1360 | - | (b) (1) The Office of Recycling in the Department of the Environment shall 16 | |
| 1361 | - | procure a statewide recycling needs assessment in accordance with this section. 17 | |
| 1362 | - | ||
| 1363 | - | (2) The Office shall hire an independent consultant to conduct a statewide 18 | |
| 1364 | - | recycling needs assessment that includes: 19 | |
| 1365 | - | ||
| 1366 | - | (i) an analysis of the State’s current solid waste streams, including: 20 | |
| 1367 | - | ||
| 1368 | - | 1. solid waste generated in the State by local jurisdiction, 21 | |
| 1369 | - | type, and material; 22 | |
| 1370 | - | ||
| 1371 | - | 2. disposal methods by material type and amount; and 23 | |
| 1372 | - | ||
| 1373 | - | 3. associated costs and revenues for solid waste disposal 24 | |
| 1374 | - | programs; 25 | |
| 1375 | - | ||
| 1376 | - | (ii) an analysis of the State’s current recycling streams, including: 26 | |
| 1377 | - | ||
| 1378 | - | 1. recyclable materials processed by local jurisdiction, type, 27 | |
| 1379 | - | and amount; 28 | |
| 1380 | - | ||
| 1381 | - | 2. processing methods by material type and amount; 29 | |
| 1382 | - | ||
| 1383 | - | 3. associated costs and revenues for recycling programs, 30 | |
| 1384 | - | collection, and tipping fees; and 31 HOUSE BILL 284 31 | |
| 1137 | + | (8) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN MARKET 30 | |
| 1138 | + | DEVELOPMENT AND FOR IMPROVING REUSE, ORGANICS RECYCLING , AND 31 | |
| 1139 | + | RECYCLING INFRASTRUC TURE; 32 26 HOUSE BILL 284 | |
| 1385 | 1140 | ||
| 1386 | 1141 | ||
| 1387 | 1142 | ||
| 1388 | - | 4. an estimate of the amount of recyclable materials that are 1 | |
| 1389 | - | not currently being recycled; 2 | |
| 1143 | + | (9) PROOF OF A THIRD –PARTY AUDIT OF : 1 | |
| 1390 | 1144 | ||
| 1391 | - | (iii) an evaluation of the current infrastructure and capacity related 3 | |
| 1392 | - | to, need for, and associated costs of: 4 | |
| 1145 | + | (I) THE REDUCTION IN PACK AGING REPORTED ; 2 | |
| 1393 | 1146 | ||
| 1394 | - | 1. recycling access and availability; 5 | |
| 1147 | + | (II) THE DATA USED TO DETE RMINE THE STATUS OF ACHIEVING 3 | |
| 1148 | + | PERFORMANCE GOALS ; 4 | |
| 1395 | 1149 | ||
| 1396 | - | | |
| 1397 | - | in the State; | |
| 1150 | + | (III) THE AMOUNT OF EACH P ACKAGING MATERIAL TY PE 5 | |
| 1151 | + | COLLECTED IN THE STATE; 6 | |
| 1398 | 1152 | ||
| 1399 | - | | |
| 1400 | - | State; | |
| 1153 | + | (IV) THE NUMBER OF BEVERAG E CONTAINERS SOLD , 7 | |
| 1154 | + | COLLECTED, AND REDEEMED IN THE STATE; AND 8 | |
| 1401 | 1155 | ||
| 1402 | - | | |
| 1403 | - | ||
| 1156 | + | (V) THE OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF 9 | |
| 1157 | + | BEVERAGE CONTAINERS IN THE STATE; AND 10 | |
| 1404 | 1158 | ||
| 1405 | - | 5. in coordination with local governments, consumer 12 | |
| 1406 | - | education regarding recycling, organics recycling, and contamination reduction; 13 | |
| 1159 | + | (10) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT . 11 | |
| 1407 | 1160 | ||
| 1408 | - | 6. reuse infrastructure; and 14 | |
| 1161 | + | (C) WHEN PROVIDING THE DEPARTMENT WITH THE A NNUAL REPORT 12 | |
| 1162 | + | REQUIRED UNDER THIS SECTION, A PRODUCER RESPONSIB ILITY ORGANIZATION 13 | |
| 1163 | + | SHALL PAY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED COSTS OF 14 | |
| 1164 | + | ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 YEAR 15 | |
| 1165 | + | IMMEDIATELY FOLLOWIN G THE ANNUAL REPORT . 16 | |
| 1409 | 1166 | ||
| 1410 | - | 7. organics recycling infrastructure; 15 | |
| 1167 | + | (D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 17 | |
| 1168 | + | DEPARTMENT BY A PRODU CER RESPONSIBILITY O RGANIZATION SHALL BE KEPT 18 | |
| 1169 | + | CONFIDENTIAL BY THE DEPARTMENT AND MA Y NOT BE SUBJECT TO PUBLIC 19 | |
| 1170 | + | INSPECTION. 20 | |
| 1411 | 1171 | ||
| 1412 | - | (iv) an evaluation of commingled recycling processing facility worker 16 | |
| 1413 | - | conditions, wages, and benefits; 17 | |
| 1172 | + | (E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE 21 | |
| 1173 | + | POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PR ODUCER 22 | |
| 1174 | + | RESPONSIBILITY ORGAN IZATION. 23 | |
| 1414 | 1175 | ||
| 1415 | - | (v) an evaluation of opportunities in the recycling system for women 18 | |
| 1416 | - | and minority individuals; 19 | |
| 1176 | + | 9–2508. 24 | |
| 1417 | 1177 | ||
| 1418 | - | (vi) an evaluation of local government requirements related to 20 | |
| 1419 | - | multifamily and commercial recycling services and their implementation; 21 | |
| 1178 | + | ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN 25 | |
| 1179 | + | COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 26 | |
| 1180 | + | RELATING TO ANTITRUS T AND RESTRAINT OF T RADE FOR ANY COOPERA TED 27 | |
| 1181 | + | ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSA L OF PACKAGING 28 | |
| 1182 | + | MATERIALS. 29 | |
| 1420 | 1183 | ||
| 1421 | - | (vii) the sufficiency of recycling education programs relative to 22 | |
| 1422 | - | desired equity outcomes; 23 | |
| 1423 | - | ||
| 1424 | - | (viii) an evaluation of the economic opportunities in the State’s 24 | |
| 1425 | - | recycling system, including: 25 | |
| 1426 | - | ||
| 1427 | - | 1. State and local revenue that may be considered lost 26 | |
| 1428 | - | because recyclable materials are not being recycled; 27 | |
| 1429 | - | ||
| 1430 | - | 2. current jobs associated with the solid waste and recycling 28 | |
| 1431 | - | industries; 29 | |
| 1432 | - | 32 HOUSE BILL 284 | |
| 1433 | - | ||
| 1434 | - | ||
| 1435 | - | 3. opportunities to increase employment in the recycling 1 | |
| 1436 | - | industry by material type; 2 | |
| 1437 | - | ||
| 1438 | - | 4. business opportunities associated with recycling; 3 | |
| 1439 | - | ||
| 1440 | - | 5. barriers to increasing the use of recyclable materials as 4 | |
| 1441 | - | feedstock for principal processors and manufacturers and means of eliminating those 5 | |
| 1442 | - | barriers; and 6 | |
| 1443 | - | ||
| 1444 | - | 6. recommendations for incentives to stimulate job growth 7 | |
| 1445 | - | and business opportunities in the State’s recycling industry; 8 | |
| 1446 | - | ||
| 1447 | - | (ix) recommendations for improving equity and equitable outcomes 9 | |
| 1448 | - | for underserved populations in the State’s recycling system; 10 | |
| 1449 | - | ||
| 1450 | - | (x) an analysis of the costs and benefits of implementing an extended 11 | |
| 1451 | - | producer responsibility program, including to: 12 | |
| 1452 | - | ||
| 1453 | - | 1. local governments; 13 | |
| 1454 | - | ||
| 1455 | - | 2. waste producers; 14 | |
| 1456 | - | ||
| 1457 | - | 3. residents; and 15 | |
| 1458 | - | ||
| 1459 | - | 4. waste management companies; 16 | |
| 1460 | - | ||
| 1461 | - | (xi) an analysis of the potential environmental impact of an extended 17 | |
| 1462 | - | producer responsibility program, including through: 18 | |
| 1463 | - | ||
| 1464 | - | 1. increased recycling; 19 | |
| 1465 | - | ||
| 1466 | - | 2. resource recovery; 20 | |
| 1467 | - | ||
| 1468 | - | 3. waste reduction; and 21 | |
| 1469 | - | ||
| 1470 | - | 4. reduced environmental damage; and 22 | |
| 1471 | - | ||
| 1472 | - | (xii) recommendations on the best practices to follow from successful 23 | |
| 1473 | - | extended producer responsibility programs in other states and countries. 24 | |
| 1474 | - | ||
| 1475 | - | (c) On or before April 1, 2025, the Office shall report on the results of the 25 | |
| 1476 | - | assessment conducted under this section to the Governor and, in accordance with § 2–1257 26 | |
| 1477 | - | of the State Government Article, the General Assembly. 27 | |
| 1478 | - | ||
| 1479 | - | (d) In conducting the assessment required under this section, the independent 28 | |
| 1480 | - | consultant shall consult with the advisory council, appropriate local governmental entities, 29 | |
| 1481 | - | and regional solid waste organizations and producers in the State. 30 HOUSE BILL 284 33 | |
| 1184 | + | 9–2509. 30 HOUSE BILL 284 27 | |
| 1482 | 1185 | ||
| 1483 | 1186 | ||
| 1484 | 1187 | ||
| 1485 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 1486 | - | October 1, 2023. 2 | |
| 1188 | + | THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 1 | |
| 1189 | + | SUBTITLE. 2 | |
| 1190 | + | ||
| 1191 | + | 9–2510. 3 | |
| 1192 | + | ||
| 1193 | + | (A) EXCEPT AS OTHERWISE P ROVIDED UNDER SUBSEC TIONS (B) AND (C) OF 4 | |
| 1194 | + | THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY 5 | |
| 1195 | + | TO ENFORCE VIOLATION S OF: 6 | |
| 1196 | + | ||
| 1197 | + | (1) THIS SUBTITLE; 7 | |
| 1198 | + | ||
| 1199 | + | (2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR 8 | |
| 1200 | + | ||
| 1201 | + | (3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 9 | |
| 1202 | + | ||
| 1203 | + | (B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION 10 | |
| 1204 | + | THAT VIOLATES THIS S UBTITLE IS SUBJECT T O: 11 | |
| 1205 | + | ||
| 1206 | + | (I) FOR A FIRST VIOLATION , A CIVIL PENALTY OF $5,000; 12 | |
| 1207 | + | ||
| 1208 | + | (II) FOR A SECOND VIOLATIO N, A CIVIL PENALTY OF $10,000; 13 | |
| 1209 | + | AND 14 | |
| 1210 | + | ||
| 1211 | + | (III) FOR A THIRD AND SUBSE QUENT VIOLATION , A CIVIL 15 | |
| 1212 | + | PENALTY OF $20,000. 16 | |
| 1213 | + | ||
| 1214 | + | (2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS 17 | |
| 1215 | + | SECTION UNLESS : 18 | |
| 1216 | + | ||
| 1217 | + | (I) THE DEPARTMENT FIRST ISSU ES A WRITTEN NOTICE OF 19 | |
| 1218 | + | VIOLATION TO THE PRO DUCER; AND 20 | |
| 1219 | + | ||
| 1220 | + | (II) THE VIOLATION IS NOT CORRECTED WITHIN 60 DAYS OF 21 | |
| 1221 | + | RECEIPT OF THE WRITT EN NOTICE. 22 | |
| 1222 | + | ||
| 1223 | + | (C) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 OF 23 | |
| 1224 | + | THIS SUBTITLE, THE PERFORMANCE GOAL S ESTABLISHED UNDER § 9–2504(B)(3) OF 24 | |
| 1225 | + | THIS SUBTITLE HAVE N OT BEEN ACHIEVED , THE DEPARTMENT MAY IMPOSE AN 25 | |
| 1226 | + | ADMINISTRATIVE PENAL TY, NOT TO EXCEED $5,000, ON THE PRODUCER 26 | |
| 1227 | + | RESPONSIBILITY ORGAN IZATION. 27 | |
| 1228 | + | ||
| 1229 | + | (D) ANY PENALTY COLLE CTED BY THE DEPARTMENT UNDER THIS SECTION 28 28 HOUSE BILL 284 | |
| 1487 | 1230 | ||
| 1488 | 1231 | ||
| 1232 | + | SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 1 | |
| 1233 | + | 9–1707 OF THIS TITLE. 2 | |
| 1489 | 1234 | ||
| 1235 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
| 1236 | + | October 1, 2023. 4 | |
| 1490 | 1237 | ||
| 1491 | - | ||
| 1492 | - | Approved: | |
| 1493 | - | ________________________________________________________________________________ | |
| 1494 | - | Governor. | |
| 1495 | - | ________________________________________________________________________________ | |
| 1496 | - | Speaker of the House of Delegates. | |
| 1497 | - | ________________________________________________________________________________ | |
| 1498 | - | President of the Senate. |