EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0222*
SENATE BILL 222
M3 3lr0665
HB 307/22 – ENT & ECM CF 3lr0666
By: Senators Augustine, Elfreth, and Hettleman
Introduced and read first time: January 23, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Reducing Packaging Materials – Producer Responsibility 2
FOR the purpose of requiring certain producers of packaging materials to individually or 3
as part of a producer responsibility organization submit a certain packaging 4
materials producer responsibility plan to the Department of the Environment for 5
review and approval on or before a certain date and in accordance with certain 6
requirements; prohibiting, on or after a certain date, a producer of certain packaging 7
materials from selling, offering for sale, distributing, or importing certain packaging 8
materials unless the producer, individually or as part of a producer responsibility 9
organization, has an approved producer responsibility plan on file with the 10
Department; requiring a producer responsibility organization to pay certain costs to 11
the Department; requiring a producer responsibility organization to implement a 12
producer responsibility plan within a certain amount of time after the Department 13
approves the producer responsibility plan; establishing a producer responsibility 14
plan advisory council; authorizing a local government to request reimbursement 15
from a certain producer that has an approved producer responsibility plan on file 16
with the Department for certain costs in a certain manner; requiring the Office of 17
Recycling in the Department to conduct certain statewide recycling needs 18
assessments in a certain manner and to submit certain reports on the results of the 19
assessments to the Governor and the General Assembly on or before certain dates; 20
and generally relating to producer responsibility for packaging materials. 21
BY repealing and reenacting, with amendments, 22
Article – Environment 23
Section 9–1702 and 9–1707(f) 24
Annotated Code of Maryland 25
(2014 Replacement Volume and 2022 Supplement) 26
BY adding to 27
Article – Environment 28
Section 9–1702.2; and 9–2501 through 9–2510 to be under the new subtitle “Subtitle 29 2 SENATE BILL 222
25. Producer Responsibility for Packaging Materials” 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2022 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Environment 6
9–1702. 7
(a) There is an Office of Recycling created within the Department. 8
(b) The Secretary shall appoint a Director and sufficient staff to perform the 9
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 10
budget. 11
(c) The Secretary may adopt regulations to carry out the provisions of this 12
subtitle. 13
(d) The Office shall: 14
(1) Assist the counties in developing an acceptable recycling plan required 15
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 16
the local governments; 17
(2) Coordinate the efforts of the State to facilitate the implementation of 18
the recycling goals at the county level; 19
(3) Review all recycling plans submitted as part of a county plan as 20
required under § 9–505 of this title and advise the Secretary on the adequacy of the 21
recycling plan; 22
(4) Administer the Statewide Electronics Recycling Program under Part IV 23
of this subtitle; [and] 24
(5) Promote the development of markets for recycled materials and 25
recycled products in the State in accordance with § 9–1702.1 of this subtitle; 26
(6) CONDUCT A STATEWIDE R ECYCLING NEEDS ASSES SMENT IN 27
ACCORDANCE WITH § 9–1702.2 OF THIS SUBTITLE; AND 28
(7) REVIEW AND APPROVE , IN CONSULTATION WITH THE PRODUCER 29
RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS 30
TITLE, PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN 31
ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE. 32 SENATE BILL 222 3
(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 1
coordination with the Maryland Environmental Service, study and report to the Governor 2
and, subject to § 2–1257 of the State Government Article, the General Assembly on: 3
(1) The identification and location of recycling centers, including an 4
analysis of existing recycling centers and the need to expand these facilities or construct 5
new recycling centers; 6
(2) Programs necessary to educate the public on the need to participate in 7
recycling efforts; 8
(3) The economics and financing of existing and proposed systems of waste 9
disposal and recycling; 10
(4) State procurement policies for the purchase of recycled materials; 11
(5) Programs necessary to reduce the amount of solid waste generated for 12
disposal by a State agency or unit; 13
(6) The liaison role with local governments, the federal government, and 14
the private sector; 15
(7) The percentage reduction in the amount of solid waste that has been 16
achieved by each county; and 17
(8) Economically feasible methods for the recycling of scrap automobile 18
tires, batteries, and white goods. 19
(f) (1) By December 1, 1988, the Office shall, in coordination with the 20
Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 21
recommendations to the General Assembly for the financing of a comprehensive system of 22
recycling at the State and local level, including funding for recycling centers, recycling 23
equipment, recycling education, and marketing strategies. 24
(2) After the financing recommendations are made under paragraph (1) of 25
this subsection, each county may submit to the Office and the Governor a detailed request 26
for funds necessary to assist in the development and implementation of a recycling plan 27
under guidelines developed by the Office. 28
(g) In studying feasible methods for the management and recycling of used tires 29
under subsection (e)(9) of this section, the Office of Recycling shall consult with the 30
appropriate industry, including representatives of: 31
(1) Tire manufacturers; 32
(2) Tire dealers; and 33 4 SENATE BILL 222
(3) Tire recyclers. 1
9–1702.2. 2
(A) IN THIS SECTION , “ADVISORY COUNCIL ” AND “PRODUCER 3
RESPONSIBILITY ORGAN IZATION” HAVE THE MEANING S STATED IN § 9–2501 OF THIS 4
TITLE. 5
(B) IN ACCORDANCE WITH SU BSECTION (D) OF THIS SECTION AND TO CARRY 6
OUT THE REQUIREMENTS OF § 9–1702(D)(6) OF THIS SUBTITLE, THE OFFICE SHALL 7
CONDUCT A STATEWIDE RECYCLING NEEDS ASSE SSMENT AT LEAST ONCE EVERY 10 8
YEARS OR AS RECOMMENDED BY THE ADVISORY COUNCIL THAT INCLUDES : 9
(1) AN EVALUATION OF THE CURRENT INFRASTRUCTURE AND 10
CAPACITY RELATED TO , NEED FOR, AND ASSOCIATED COSTS OF: 11
(I) RECYCLING ACCESS AND AVAILABILITY; 12
(II) COLLECTING AND HAULIN G RECYCLABLE OR 13
COMPOSTABLE MATERIAL S IN THE STATE; 14
(III) PROCESSING RECYCLABLE OR COMPOSTABLE MATER IALS 15
IN THE STATE; 16
(IV) TAKING ADVANTAGE OF F AVORABLE MARKET COND ITIONS 17
OR OTHER OPPORTUNITI ES FOR INCREASING RE CYCLING OR ORGANICS RECYCLING 18
IN THE STATE; 19
(V) IN COORDINATION W ITH LOCAL GOVERNMENTS , CONSUMER 20
EDUCATION REGARDING RECYCLING, ORGANICS RECYCLING , AND CONTAMINATION 21
REDUCTION; 22
(VI) REUSE INFRASTRUCTURE ; AND 23
(VII) ORGANICS RECYCLING INFRASTRUCTURE ; 24
(2) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING 25
FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS; 26
(3) AN EVALUATION OF OPPORTUNITIES IN THE RECYCLING SYSTEM 27
FOR WOMEN AND MINORI TY INDIVIDUALS; 28
SENATE BILL 222 5
(4) AN EVALUATION OF LOCAL GOVERNMENT REQUIREMENTS 1
RELATED TO MULTIFAMI LY RECYCLING SERVICE S AND THEIR IMPLEMEN TATION; 2
(5) THE SUFFI CIENCY OF RECYCLING EDUCATION PROGRAMS 3
RELATIVE TO DESIRED EQUITY OUTCOMES ; 4
(6) AN EVALUATION OF OPPORTUNITIES IN THE RECYCLING SYSTEM 5
FOR BUSINESSES IN TH E STATE; AND 6
(7) RECOMMENDATIONS FOR I MPROVING EQUITY AND EQUITABLE 7
OUTCOMES FOR UNDERSE RVED POPULATIONS IN THE STATE’S RECYCLING SYSTEM , 8
INCLUDING RECOMMENDA TIONS FOR NEW RESPON SIBILITIES OF PRODUC ER 9
RESPONSIBILITY ORGAN IZATIONS AND RECOMME NDATIONS FOR FUNDING THE NEW 10
RESPONSIBILITIES . 11
(C) ON OR BEFORE APRIL 1, 2025, AND EACH APRIL 1 EVERY 10 YEARS 12
THEREAFTER OR AS RECOMMENDED BY THE ADVISORY COUNCIL , THE OFFICE 13
SHALL REPORT ON THE RESULTS OF THE MOST RECENT ASSESSMENT CO NDUCTED 14
UNDER THIS SECTION T O THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 15
THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 16
(D) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER THIS SECTION , 17
THE OFFICE SHALL CONSULT WITH PRODUCER RESPON SIBILITY ORGANIZATIO NS, 18
THE PRODUCER RESPONS IBILITY PLAN ADVISOR Y COUNCIL ESTABLISHE D UNDER § 19
9–2505 OF THIS TITLE , APPROPRIATE LOCAL GO VERNMENTAL ENTITIES , AND 20
REGIONAL SOLID WASTE ORGANIZATIONS IN THE STATE. 21
(E) THE OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY 22
PRODUCER RESPONSIBIL ITY ORGANIZATIONS TO COVER THE COSTS ASSO CIATED 23
WITH CONDUCTING THE ASSESSMENTS REQUIRED UNDER THIS SECTION. 24
9–1707. 25
(f) (1) There is a State Recycling Trust Fund. 26
(2) The Fund shall consist of: 27
(i) The newsprint recycling incentive fee; 28
(ii) The telephone directory recycling incentive fee collected under § 29
9–1709 of this subtitle; 30
(iii) The covered electronic device manufacturer registration fee 31
collected under § 9–1728 of this subtitle; 32 6 SENATE BILL 222
(IV) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY 1
ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 25 OF THIS 2
TITLE; 3
[(iv)] (V) All fines and penalties collected under this subtitle AND § 4
9–2510 OF THIS TITLE; 5
[(v)] (VI) Money appropriated in the State budget to the Fund; and 6
[(vi)] (VII) Any other money from any other source accepted for the 7
benefit of the Fund. 8
(3) The Secretary shall administer the Fund. 9
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 10
account for the Fund. 11
(5) At the end of each fiscal year, any unspent or unencumbered balance in 12
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 13
accordance with § 7–302 of the State Finance and Procurement Article. 14
(6) In accordance with the State budget, the Fund shall be used only: 15
(i) To provide grants to the counties to be used by the counties to 16
develop and implement local recycling plans; 17
(ii) To provide grants to counties that have addressed methods for 18
the separate collection and recycling of covered electronic devices in accordance with § 19
9–1703(c)(1) of this subtitle; 20
(iii) To provide grants to municipalities to be used by the 21
municipalities to implement local covered electronic device recycling programs; [and] 22
(IV) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 23
SUBSECTION, TO COVER THE COSTS OF T HE STATEWIDE RECYCLI NG NEEDS 24
ASSESSMENT CONDUCTED UN DER § 9–1702.2 OF THIS SUBTITLE; 25
(V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 26
SUBSECTION, TO COVER THE COSTS OF P RODUCER RESPONSIBILI TY PLAN REVIEW , 27
OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE; AND 28
[(iv)] (VI) To carry out the purposes of the land management 29
administration. 30
SENATE BILL 222 7
(7) (I) THERE SHALL BE A SEPARATE ACCOUN T WITHIN THE FUND. 1
(II) THE SEPARATE ACCOUNT SHALL CONSIST OF : 2
1. ANY FEES COLLECTED FR OM PRODUCER 3
RESPONSIBILITY ORGAN IZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR 4
SUBTITLE 25 OF THIS TITLE; AND 5
2. ALL FINES AND PENALTI ES COLLECTED UNDER § 6
9–2510 OF THIS TITLE. 7
(III) THE SEPARATE ACCOUNT SHALL BE USED ONLY FOR THE 8
COSTS OF THE STATEWI DE RECYCLING NEEDS A SSESSMENT CONDUC TED UNDER § 9
9–1702.2 OF THIS SUBTITLE AND PRODUCER RESPONSIBIL ITY PLAN REVIEW , 10
OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE. 11
[(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 12
same manner as other State money may be invested. 13
(ii) Any investment earnings of the Fund shall be credited to the 14
General Fund of the State. 15
SUBTITLE 25. PRODUCER RESPONSIBILITY FOR PACKAGING MATERIALS. 16
9–2501. 17
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “ADVISORY COUNCIL ” MEANS THE PRODUCER R ESPONSIBILITY PLAN 20
ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS SUBTITLE. 21
(C) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE 22
CONTAINER: 23
(1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL, 24
CARTON, POUCH, OR ASEPTIC PACKAGING , SUCH AS A DRINK BOX , OR OF 25
MULTIMATERIALS ; AND 26
(2) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS. 27
(D) “LOCAL GOVERNMENT ” MEANS: 28
(1) A COUNTY; OR 29 8 SENATE BILL 222
(2) A MUNICIPALITY. 1
(E) (1) “PACKAGING MATERIALS ” MEANS, REGARDLESS OF 2
RECYCLABILITY , ANY PART OF A PACKAG E OR CONTAINER , INCLUDING MATERIAL 3
THAT IS USED FOR THE CONTAINMENT , PROTECTION , HANDLING, DELIVERY, AND 4
PRESENTATION OF A PR ODUCT THAT IS SOLD , OFFERED FOR SALE , IMPORTED, OR 5
DISTRIBUTED IN THE STATE. 6
(2) “PACKAGING MATERIALS ” INCLUDES: 7
(I) PRIMARY, SECONDARY , AND TERTIARY PACKAGI NG 8
INTENDED FOR THE CON SUMER MARKET ; 9
(II) SERVICE PACKAGING DES IGNED AND INTENDED T O BE 10
FILLED AT THE POINT OF SALE, INCLUDING: 11
1. CARRY–OUT BAGS; 12
2. BULK GOODS BAGS; AND 13
3. TAKE–OUT AND HOME DELIVER Y FOOD SERVICE 14
PACKAGING; AND 15
(III) BEVERAGE CONTAINERS . 16
(3) “PACKAGING MATERIALS ” DOES NOT INCLUDE ANY PART OF A 17
PACKAGE OR CONTAINER THAT IS SOLD OR SUPP LIED IN CONNECTION WITH: 18
(I) A PESTICIDE PRODUCT RE GULATED BY THE FEDERAL 19
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT UNDER 7 U.S.C. § 136 ET SEQ. 20
OR ANY OTHER APPLICA BLE FEDERAL LAW , RULE, OR REGULATION ; 21
(II) A FEDERALLY REGULATED DRUG, MEDICAL DEVICE , 22
BIOLOGIC, OR DIAGNOSTIC , INCLUDING ITEMS INTENDED FOR A NIMALS; OR 23
(III) A MEDICAL PRODUCT THAT IS REQUIRED TO BE ST ERILE OR 24
ENCLOSED IN PACKAGIN G WITH TAMPER –RESISTANT SEALS TO P ROTECT PUBLIC 25
HEALTH, INCLUDING MEDICAL PR ODUCTS INTENDED FOR ANIMALS. 26
(F) (1) “PRODUCER” MEANS A PERSON THAT IS RESPONSIBLE FOR 27
COMPLYING WITH THIS SUBTITLE UNDER § 9–2503 OF THIS SUBTITLE. 28 SENATE BILL 222 9
(2) “PRODUCER” DOES NOT INCLUDE : 1
(I) A LOCAL GOVERNMENT ; 2
(II) A NONPROFIT CHARITABLE ORGANIZATION ; OR 3
(III) AN ENTITY THAT MANUFA CTURES A DRUG OR DEVICE 4
AUTHORIZED FOR SALE BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE 5
FEDERAL FOOD, DRUG, AND COSMETIC ACT. 6
(G) “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS: 7
(1) A PRODUCER THAT INDIVI DUALLY SUBMITS A PRO DUCER 8
RESPONSIBILITY PLAN TO THE DEPARTMENT UNDER § 9–2504 OF THIS SUBTITLE ; 9
OR 10
(2) A NONPROFIT ORGANIZATI ON THAT IS: 11
(I) EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE 12
INTERNAL REVENUE CODE; AND 13
(II) CREATED BY A GROUP OF PRODUCERS TO IMPLEME NT A 14
PRODUCER RESPONSIBIL ITY PLAN IN ACCORDANCE WITH § 9–2504(A) OF THIS 15
SUBTITLE. 16
(H) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING MA TERIALS 17
PRODUCER RESPONSIBIL ITY PLAN SUBMITTED T O THE DEPARTMENT BY A 18
PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION IN ACCORDANC E WITH 19
§ 9–2504 OF THIS SUBTITLE. 20
9–2502. 21
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SU BTITLE PROVIDE 22
A FRAMEWORK FOR : 23
(1) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS 24
IN THE STATE, INCLUDING BY FACILIT ATING: 25
(I) THE IMPROVEMENT OF RE USE, ORGANICS RECYCLING, AND 26
RECYCLING; 27
(II) THE IMPROVEMENT OF RE CYCLING MARKETS ; 28 10 SENATE BILL 222
(III) THE REDUCTION OF WAST E; AND 1
(IV) AN INCREASE IN RECYCL ING RATES; AND 2
(2) REIMBURSING LOCAL GOV ERNMENTS FOR COSTS A SSOCIATED 3
WITH TRANSPORTING , COLLECTING, AND PROCESSING PACKAGING MA TERIALS. 4
9–2503. 5
(A) (1) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD IN P ACKAGING 6
MATERIALS AT A PHYSI CAL RETAIL LOCATION IN THE STATE. 7
(II) IF THE ITEM IS SOLD U NDER THE MANUFACTURE R’S OWN 8
BRAND OR IS SOLD IN PACKAGING MATERIALS THAT LACK IDENTIFICA TION OF A 9
BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON THAT 10
MANUFACTURES THE ITE M. 11
(III) IF THE ITEM IS MANUFA CTURED BY A PERSON O THER THAN 12
THE BRAND OWNER , THE PRODUCER OF THE PACKAGING MAT ERIALS IS THE PERSON 13
THAT IS THE LICENSEE OF A BRAND OR TRADEM ARK UNDER WHICH AN I TEM IS SOLD, 14
OFFERED FOR SALE , OR DISTRIBUTED IN TH E STATE, WHETHER OR NOT THE 15
TRADEMARK IS REGISTE RED IN THE STATE. 16
(IV) IF THERE IS NO PERSON DESCRIBED IN SUBPARA GRAPHS 17
(II) OR (III) OF THIS PARAGRAPH LO CATED WITHIN THE UNITED STATES, THE 18
PRODUCER OF THE PACK AGING MATERIALS IS T HE PERSON THAT IMPOR TS THE 19
ITEM INTO THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT 20
SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE I TEM IN THE STATE. 21
(2) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD OR 22
DISTRIBUTED IN PACKA GING MATERIALS IN TH E STATE THROUGH REMOTE SALE OR 23
DISTRIBUTION. 24
(II) THE PRODUCER OF THE P ACKAGING MATERIALS U SED TO 25
DIRECTLY PROTECT OR CONTAIN THE ITEM IS THE SAME AS THE PRODUCER 26
ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION . 27
(III) THE PRODUCER OF THE P ACKAGING MATERIALS U SED TO 28
SHIP THE ITEM TO A C ONSUMER IS THE PERSO N THAT PACKAGES AND SHIPS THE 29
ITEM TO THE CONSUMER . 30
(IV) FOR ANY PACKAGING MAT ERIALS NOT IDENTIFIE D UNDER 31 SENATE BILL 222 11
SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , THE PRODUCER OF THE 1
PACKAGING MATERIALS IS THE PERSON THAT F IRST DISTRIBUTES THE PACKAGED 2
ITEM IN THE STATE. 3
(B) THIS SUBTITLE DOES NO T APPLY TO A PERSON THAT: 4
(1) (I) GENERATED LESS THAN $5,000,000 IN GROSS REVENUE 5
DURING THE IMMEDIATE LY PRECEDING CALENDA R YEAR; 6
(II) SOLD, OFFERED FOR SALE , OR DISTRIBUTED FOR S ALE IN 7
THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1 8
METRIC TON OF PACKAGING MATERIALS ; 9
(III) 1. OWNS OR OPERATES A RE STAURANT, FOOD CART, OR 10
SIMILAR ESTABLISHMEN T THAT: 11
A. IS HEADQUARTERED IN T HE STATE; AND 12
B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD 13
THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WITHOUT THE 14
NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND 15
2. IS NOT A PRODUCER OF FOOD SERVICEWARE ; 16
(IV) OWNS OR OPERATES A SI NGLE RETAIL SALES 17
ESTABLISHMENT THAT : 18
1. HAS NO ONLINE SALES ; AND 19
2. IS NOT SUPPLIED OR OPERATED AS PART OF A 20
FRANCHISE OR A CHAIN ; OR 21
(V) 1. IS LICENSED UNDER TITLE 2 OF THE ALCOHOLIC 22
BEVERAGES ARTICLE; AND 23
2. GENERATED LESS THAN $10,000,000 IN GROSS 24
REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR ; AND 25
(2) ON REQUEST BY THE DEPARTMENT , PROVIDES TO THE 26
DEPARTMENT SUFFICIENT INFORMATION TO DEMON STRATE THAT THE PROD UCER 27
MEETS THE CONDITIONS OF THIS SECTION. 28
(C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF THE STATE OR A 29 12 SENATE BILL 222
LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAGI NG 1
MATERIAL. 2
(D) THIS SUBTITLE DOES NO T PROHIBIT A PRODUCE R RESPONSIBILITY 3
ORGANIZATION FROM ES TABLISHING A DEPOSIT –RETURN SYSTEM AS ONE 4
STRATEGY FOR INCREAS ING THE CAPTURE AND RECYCLING OF BEVERAG E 5
CONTAINERS OR OTHER PACKAGING MATER IALS. 6
9–2504. 7
(A) (1) (I) BEGINNING JULY 1, 2024, AND EACH YEAR THEREA FTER, A 8
PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL FILE A REGISTRATI ON FORM 9
WITH THE DEPARTMENT . 10
(II) THE REGISTRATION FORM SHALL INCLUDE : 11
1. A LIST OF THE RESPONSI BLE PARTIES 12
PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 13
2. A LIST OF THE BRANDS O F EACH RESPONSIBLE P ARTY 14
PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 15
3. A LIST OF THE COVERED MATERIALS OF EACH 16
RESPONSIBLE PARTY PA RTICIPATING IN THE PRODUC ER RESPONSIBILITY 17
ORGANIZATION ; AND 18
4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION 19
OF A PERSON RESPONSIBLE FOR ENSU RING THE PRODUCER RE SPONSIBILITY 20
ORGANIZATION ’S AND THE MEMBER RESPONSIBLE P ARTIES’ COMPLIANCE WITH 21
THIS SUBTITLE. 22
(III) AT THE TIME OF FILING THE REGISTRATION FOR M, A 23
PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL PAY TO THE DEPARTMENT AN 24
ANNUAL REGISTRATION FEE TO COVER THE COS TS OF RECORD KEEPING, NOT TO 25
EXCEED $1,000. 26
(IV) AT THE TIME OF THE IN ITIAL SUBMISSION OF THE 27
REGISTRATION FORM BY A PRODUCER RESPONSIB ILITY ORGANIZATION , THE 28
ORGANIZATION SHALL H AVE 60 DAYS TO PAY TO THE DEPARTMENT THE ESTIMA TED 29
COST OF CONDUCTING T HE INITIAL STATEWIDE RECYCLING NE EDS ASSESSMENT 30
REQUIRED UNDER § 9–1702.2 OF THIS TITLE. 31
(V) IF MORE THAN ONE PROD UCER RESPONSIBILITY 32 SENATE BILL 222 13
ORGANIZATION REGISTE RS WITH THE DEPARTMENT , THE DEPARTMENT SHALL 1
EQUALLY DIVIDE THE C OST OF THE STATEWIDE RECYCLING NEEDS ASSE SSMENT. 2
(2) (I) ON OR BEFORE APRIL 1, 2026, EACH PRODUCER SHALL , 3
INDIVIDUALLY OR AS P ART OF A PRODUCER RE SPONSIBILITY ORGANIZ ATION, 4
SUBMIT A PRODUCER RE SPONSIBILITY PLAN TO THE DEPARTMENT FOR REVIEW 5
AND APPROVAL . 6
(II) IF MORE THAN ONE PROD UCER RESPONSIBILITY 7
ORGANIZATION SUBMITS A PRODUCER R ESPONSIBILITY PLAN T O THE 8
DEPARTMENT : 9
1. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 10
SHALL COORDINATE WIT H THE DEPARTMENT AND LOCAL GOVERNMENTS TO 11
ENSURE THAT : 12
A. RECYCLING SERVICES FO R RESIDENTS IN THE STATE 13
ARE PROVIDED IN A S EAMLESS MANNER ; AND 14
B. PUBLIC OUTREACH , EDUCATION, AND 15
COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER; AND 16
2. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 17
MAY CREATE A REPRESE NTATIVE ORGANIZATION TO REPRESENT ALL 18
PARTICIPATING PRODUC ER RESPONSIBI LITY ORGANIZATIONS T O IMPLEMENT THE 19
REQUIREMENTS OF THIS SUBTITLE. 20
(III) BEFORE SUBMITTING THE PLAN REQUIRED UNDER THIS 21
SUBSECTION TO THE DEPARTMENT , A PRODUCER OR PRODUC ER RESPONSIBILITY 22
ORGANIZATION SHALL : 23
1. CONSULT WITH THE ADVI SORY COUNCIL 24
ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE; AND 25
2. CONSIDER THE WRITTEN RECOMMENDATIONS OF 26
THE ADVISORY COUNCIL PROVIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND 27
RESPOND IN WRITING T O THE ADVISORY COUNC IL. 28
(3) ON OR AFTER A DATE ESTABLISHED I N REGULATIONS ADOPTED 29
BY THE DEPARTMENT UNDER § 9–2509 OF THIS SUBTITLE , A PRODUCER MAY NOT 30
SELL, OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION 31
PACKAGING MATERIALS FOR USE IN THE STATE UNLESS THE PROD UCER, 32
INDIVIDUALLY OR AS P ART OF A PRODUC ER RESPONSIBILITY OR GANIZATION, HAS 33 14 SENATE BILL 222
AN APPROVED PRODUCER RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT . 1
(B) A PRODUCER RESPONSIBIL ITY PLAN SHALL: 2
(1) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, INCLUDING 3
THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND THE 4
PRODUCER RESPONSIBIL ITY ORGANIZATION ; 5
(2) IDENTIFY EACH BRAND O F PACKAGING MATERIAL S COVERED BY 6
THE PLAN; 7
(3) REQUIRE, IN ACCORDANC E WITH SUBSECTION (C) OF THIS 8
SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 9
VERSION OF THE PLAN IS APPROVED AND ESTA BLISH THE FOLLOWING 10
PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING M ATERIAL TYPE: 11
(I) POSTCONSUMER RECYCLED CONTENT GOALS ; 12
(II) RECYCLABILITY AND REC YCLING RATE GOALS ; 13
(III) REUSE GOALS; 14
(IV) PACKAGING REDUCTION G OALS; 15
(V) COMPOST ACCESS OR COM POST RATE GOALS , IF 16
APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ; 17
(VI) CONTAMINATI ON REDUCTION RATE GO ALS; 18
(VII) GREENHOUSE GAS REDUCT ION GOALS; AND 19
(VIII) ANY OTHER GOAL THAT REDUCES PACKAGING MA TERIAL 20
WASTE AND IS JUSTIFIED IN THE PLAN; 21
(4) REQUIRE EACH PARTICIP ATING PRODUCER TO RE DUCE ALL 22
PACKAGING MATERIAL W ASTE TO THE MAXIMUM EXTENT PRACT ICABLE, AND BY 23
NOT LESS THAN 25% FOR EACH PACKAGING M ATERIAL TYPE, WITHIN 5 YEARS AFTER 24
THE DATE ON WHICH TH E FIRST VERSION OF T HE PLAN IS APPROVED ; 25
(5) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (D) OF THIS 26
SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT TH E PLAN; 27
(6) DESCRIBE HOW THE PERFORMANCE GOAL S ESTABLISHED UNDER 28 SENATE BILL 222 15
ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED; 1
(7) DESCRIBE HOW STAKEHOLDER COMMENTS WERE CONSIDERED IN 2
THE DEVELOPMENT OF T HE PLAN; 3
(8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E 4
IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED; 5
(9) DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG 6
MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN 7
WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUCT DESIGN A ND 8
PROGRAM INNOVATIONS ; 9
(10) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN FOR 10
PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT 11
THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL: 12
(I) PROMOTE THE RESPON SIBLE END–OF–LIFE MANAGEMENT 13
OF PACKAGING MATERIALS; 14
(II) PROVIDE INFORMATION O N HOW TO PREVENT LIT TER OF 15
PACKAGING MATERIALS; 16
(III) PROVIDE RECYCLING AND ORGANICS RECYCLING 17
INSTRUCTIONS THAT AR E, TO THE EXTENT PRACTI CABLE: 18
1. CONSISTENT STATE WIDE, TAKING INTO ACCOUNT 19
DIFFERENCES AMONG LO CAL LAWS AND PROCESS ING CAPABILITIES; 20
2. EASY TO UNDERSTAND ; AND 21
3. EASILY ACCESSIBLE ; AND 22
(IV) PROVIDE FOR OUTREACH AND EDUCATION THAT A RE: 23
1. DESIGNED TO ACHIEVE PACKAGING MATERIALS 24
MANAGEMENT GOALS AND REQU IREMENTS, INCLUDING THE PREVEN TION OF 25
CONTAMINATION OF PACKAGING MATERIALS; 26
2. COORDINATED ACROSS PR OGRAMS TO AVOID 27
CONFUSION FOR CONSUM ERS; AND 28
3. DEVELOPED IN CONSULTA TION WITH LOCAL 29 16 SENATE BILL 222
GOVERNMENTS AND OTHE R STAKEHOLDERS ; 1
(11) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) OF THIS 2
SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING REUSE , 3
ORGANICS RECYCLING , AND RECYCLING IN THE STATE; 4
(12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY 5
REQUEST REIMBURSEMENT FOR CO STS ASSOCIATED WITH TRANSPORTING , 6
COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDENTIFIED IN 7
THE PLAN, INCLUDING: 8
(I) THE PROCESS BY WHICH THE REQUEST WILL BE REVIEWED; 9
(II) THE PROCESS FOR APPRO VING OR DENYING A RE QUEST 10
FOR REIMBURSEMENT ; 11
(III) THE SCHEDULE FOR PROV IDING REIMBURSEMENT THAT 12
INCLUDES REIMBURSEME NT ON AT LEAST A QUA RTERLY BASIS; AND 13
(IV) THE PROCESS FOR PROVI DING REIMBURSEMENT F OR 14
MULTIPLE BRANDS OF P ACKAGING MATERIALS ; 15
(13) (I) PROVIDE THE WRITTEN RECOMMENDATI ONS FROM THE 16
ADVISORY COUNCIL PROVIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND THE 17
PRODUCER RESPONSIBIL ITY ORGANIZATION ’S WRITTEN RESPONSE T O THE 18
ADVISORY COUNCIL ; AND 19
(II) DESCRIBE HOW THE WRIT TEN RECOMMENDATIONS FROM 20
THE ADVISORY COUNCIL WER E CONSIDERED AND ADD RESSED IN THE 21
DEVELOPMENT OF THE P LAN; AND 22
(14) INCLUDE ANY OTHER INF ORMATION THAT IS REQ UIRED BY THE 23
DEPARTMENT . 24
(C) BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 25
ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN 26
COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION , SHALL 27
ESTABLISH PERFORMANC E GOALS FOR EACH PAC KAGING MATERIAL TYPE USING A 28
BASELINE YEAR THAT I S INFORMED BY THE ST ATEWIDE RECYCLING NE EDS 29
ASSESSMENT , INCLUDING ESTA BLISHING RECYCLING R ATE GOALS FOR EACH 30
PACKAGING MATERIAL T YPE, AT 5–, 10–, AND 15–YEAR INTERVALS . 31
(D) (1) THE FINANCING METHOD THAT WILL BE USED BY A PRODUCER 32 SENATE BILL 222 17
RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODUCER RESPONSIB ILITY 1
PLAN SHALL: 2
(I) PROVIDE THE METHOD FO R EITHER DIRECT INVE STMENTS 3
OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , ORGANICS 4
RECYCLING, AND RECYCLING IN ACC ORDANCE WITH SUBSECT ION (B)(11) OF THIS 5
SECTION; 6
(II) PROVIDE A REASONABLE ANNUAL RATE PER TON OF 7
RECYCLED OR COMPOSTED PACK AGING MATERIALS FOR REIMBURSING LOCAL 8
GOVERNMENTS FOR COST S ASSOCIATED WITH : 9
1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING 10
MATERIALS THAT ARE I DENTIFIED IN THE PLA N; 11
2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE 12
PACKAGING MATE RIALS TO A RECYCLING OR ORGANICS RECYCLING FACILITY; 13
3. PROCESSING PACKAGING MATERIALS, INCLUDING 14
REMOVING CONTAMINATI ON; AND 15
4. RECYCLING PACKAGING M ATERIALS THAT ARE 16
DIVERTED TO BE RECYC LED OR COMPOSTED IN THE STATE; 17
(III) ESTABLISH A FEE STRUCTURE FOR PARTIC IPATING 18
PRODUCERS THAT IS SE T IN A MANNER TO COV ER COSTS ASSOCIATED WITH: 19
1. IMPLEMENTING THE PLAN , INCLUDING THE 20
ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N; 21
2. REIMBURSING LOCAL GOV ERNMENTS FOR COSTS I N 22
ACCORDANCE WITH ITEM (II) OF THIS PARAGRAPH ; 23
3. THE ADMINISTRATION , REVIEW, OVERSIGHT, AND 24
ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ; 25
4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 26
REDUCING PACKAGING M ATERIALS IN ACCORDAN CE WITH SUBSECTION (B)(9) OF 27
THIS SECTION; AND 28
5. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 29
IMPROVING REUSE , ORGANICS RECYCLING , AND RECYCLING IN THE STATE IN 30
ACCORDANCE WITH SUBS ECTION (B)(11) OF THIS SECTION; 31 18 SENATE BILL 222
(IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE 1
PARTICIPATING PRO DUCERS TO ENGAGE IN WASTE REDUCTION AND RECYCLING 2
ACTIVITIES; AND 3
2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE 4
DESIGNS OR PRACTICES THAT INCREASE THE CO ST OF MANAGING PACKAGING 5
MATERIALS; 6
(V) BE EVALUATED BY AN INDEP ENDENT FINANCIAL AUD ITOR, 7
AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THAT THE COSTS OF 8
IMPLEMENTING THE PLA N ARE COVERED ; AND 9
(VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE 10
DEPARTMENT BY REGULAT ION. 11
(2) THE REIMBURSEMENT RAT E ESTABLISHED UNDER PARAGRAPH 12
(1)(II) OF THIS SUBSECTION SHALL BE : 13
(I) BASED ON: 14
1. THE POPULATION SIZE O F A LOCAL JURISDICTI ON; 15
2. THE DISTANCE TO THE N EAREST RECYCLING OR 16
ORGANICS RECYCLING FACILITY; 17
3. THE COMMODITY VALUE O F RECYCLED PACKAGING 18
MATERIALS; AND 19
4. ANY SOCIOECONOMIC OR GEO GRAPHIC FACTOR , AS 20
DETERMINED BY THE DEPARTMENT ; AND 21
(II) DISCOUNTED EQUIVALENT TO THE ESTIMATE D ANNUAL 22
VOLUME OF PACKAGING MATERIALS SOLD IN TH E STATE TO A PERSON THA T IS 23
EXEMPT FROM THE REQU IREMENTS OF THIS SUB TITLE UNDER § 9–2503(B) OF THIS 24
SUBTITLE. 25
(3) THE FEE STRUCTURE EST ABLISHED UNDER PARAG RAPH (1)(III) 26
OF THIS SUBSECTION S HALL BE VARIABLE BAS ED ON: 27
(I) COSTS ASSOCIATED WITH TRANSPORTING , COLLECTING, 28
AND PROCESSING PACKA GING MATERIALS ; 29
SENATE BILL 222 19
(II) AN ECO–MODULATION OF FE ES, INCLUDING ESTABLISHI NG: 1
1. A HIGHER FEE FOR PACKA GING MATERIALS WITH 2
LOW RECYCLABILITY OR RECYCLED CONTENT ; AND 3
2. A DISCOUNTED FEE FOR P ACKAGING MATERIALS 4
WITH HIGH RECYCLABIL ITY OR RECYCLED CONT ENT; AND 5
(III) ANY OTHER FACTOR , AS DETERMINED BY THE 6
DEPARTMENT . 7
(4) (I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL 8
RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN AC COUNT. 9
(II) THE DEPARTMENT MAY REQUES T AT ANY TIME AN AUD IT OF 10
THE FINANCIAL RECORD S OF A PRODUCER RESP ONSIBILITY ORGANIZATION . 11
(E) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE, ORGANICS 12
RECYCLING, AND RECYCLING SHALL INCLUDE INVESTMENT I N MARKET 13
DEVELOPMENT AND EXIS TING AND FUTURE REUS E, ORGANICS RECYCLING , AND 14
RECYCLING INFRASTRUC TURE, GIVING PRIORITY TO INVESTMENT IN EXI STING 15
INFRASTRUCTURE , INCLUDING: 16
(1) INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE THE 17
SORTING OF PACKAGING MATERIALS AT EXISTIN G SORTING AND PROCES SING 18
FACILITIES; 19
(2) MITIGATING THE IMPACT S OF PACKAGING MATER IALS ON OTHER 20
COMMODITIES AT EXISTING S ORTING AND PROCESSIN G FACILITIES; AND 21
(3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT, 22
AND FACILITIES, BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 23
ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE. 24
(F) THE DEPARTMENT SHALL REVIEW : 25
(1) THE PRODUCER RESPONSI BILITY PLAN REQUIRED UNDER 26
SUBSECTION (A) OF THIS SECTION; AND 27
(2) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL AUDITOR 28
DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF 29
THE PRODUCER RESP ONSIBILITY PLAN UNDE R SUBSECTION (D)(1)(V) OF THIS 30
SECTION. 31 20 SENATE BILL 222
(G) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED PRODUCER 1
RESPONSIBILITY PLAN , THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 2
CONDITIONS, OR REJECT THE PLAN . 3
(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 4
SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER : 5
(I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH 6
THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 7
METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND 8
(II) THE PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED 9
SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN 10
DEVELOPING THE PLAN . 11
(3) NOT LATER THAN 60 DAYS AFTER THE DATE A PRODUCER 12
RESPONSIBILITY PLAN IS INITIALLY APPROVE D UNDER THIS SECTION , A PRODUCER 13
RESPONSIBILITY ORGAN IZATION SHALL PAY TO THE DEPARTMENT : 14
(I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; AND 15
(II) THE DEPARTMENT ’S ESTIMATED COSTS OF 16
ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITI AL 17
DATE OF APPROVAL AND THE DATE OF THE INITIAL ANNUAL REPORT REQUIR ED 18
UNDER § 9–2507 OF THIS SUBTITLE. 19
(H) WITHIN 6 MONTHS AFTER THE DAT E A PRODUCER R ESPONSIBILITY 20
PLAN IS APPROVED UND ER THIS SECTION , A PRODUCER RESPONSIB ILITY 21
ORGANIZATION SHALL I MPLEMENT THE PLAN . 22
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 23
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER 24
RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS. 25
(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINU E AFTER 5 26
YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE 27
DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 28
(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PRODUCER 29
RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE. 30
(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PROD UCER 31 SENATE BILL 222 21
RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 1
PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONS IBILITY ORGANIZATI ON 2
MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN 3
ACCORDANCE WITH THIS SUBTITLE. 4
(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 5
OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION 6
(B)(3) OF THIS SECTION HAVE NOT BEEN ACHIEV ED, THE DEPARTMENT MAY : 7
(I) REQUIRE THAT A PRODUC ER RESPONSIBILITY 8
ORGANIZATION AMEND T HE PRODUCER RESPONSI BILITY PLAN; AND 9
(II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRODUCER 10
RESPONSIBILITY ORGAN IZATION IN ACCORDANCE WITH § 9–2510(C) OF THIS 11
SUBTITLE. 12
(6) IF THE DEPARTMENT REQUIRES A PRODUCER RESPONSIBIL ITY 13
ORGANIZATION TO AMEND THE PRODUCER RESPONS IBILITY PLAN UNDER 14
PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER RESPONSI BILITY 15
ORGANIZATION MUST COVER THE COST OF THE DEPARTMENT ’S REVIEW AND 16
SUPPLEMENTAL WORK ON THE PLAN. 17
9–2505. 18
(A) THERE IS A PRODUCER R ESPONSIBILITY PLAN A DVISORY COUNCIL . 19
(B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO PROVIDE ADVICE TO 20
THE DEPARTMENT AND PRODUC ER RESPONSIBILITY OR GANIZATIONS FOR 21
DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS. 22
(C) (1) THE ADVISORY COUNCIL SHALL CONSIST OF A B ROAD RANGE OF 23
INTERESTED STAKEHOLD ERS APPOINTED BY THE SECRETARY, INCLUDING: 24
(I) REPRESENTATIVES FROM THE FOLLOWING INDUST RIES OR 25
ENTITIES IN THE STATE: 26
1. LOCAL GOVERNMENT AGEN CIES RESPONSIBLE FOR 27
RECYCLING PROGRAMS ; 28
2. RECYCLABLES AND COMPO STABLE MATERIALS 29
COLLECTORS ; 30
3. RECYCLING PROCESSORS ; 31 22 SENATE BILL 222
4. ORGANICS RECYCLING PROCESSORS ; 1
5. THE CONSUMER GOODS SE CTOR; 2
6. RETAIL AND SMALL BUSI NESSES; AND 3
7. MATERIAL–ORIENTED TRADE GROUP S; 4
(II) A REPRESENTATIVE FROM EACH PRODUCER 5
RESPONSIBILITY ORGAN IZATION; 6
(III) REPRESENTATIVES OF AT LEAST TWO NONPROFIT 7
ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCING WASTE ; 8
(IV) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL 9
ADVOCACY ORGANIZATIO N; 10
(V) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL 11
JUSTICE ADVOCACY ORG ANIZATION; AND 12
(VI) AT LEAST TWO MEMBERS OF THE PUBLIC WHO RE SIDE IN 13
THE STATE. 14
(2) IN APPOINTING MEMBERS TO THE ADVISORY COUN CIL, THE 15
SECRETARY SHALL , TO THE EXTENT PRACTI CABLE, ENSURE THAT THE 16
MEMBERSHIP OF THE AD VISORY COUNCIL REPRE SENTS: 17
(I) ALL GEOGRAPHIC REGION S OF THE STATE; 18
(II) LARGE AND SMALL COUNT IES AND MUNICIPALITIES ; AND 19
(III) THE VARIABILITY IN HO W WASTE AND RECYCLAB LE AND 20
COMPOSTABLE MATERIAL S ARE COLLECTED AND PROCESSED IN THE STATE. 21
(3) A REPRESENTATIVE FROM A PRODUCER RESPONSIB ILITY 22
ORGANIZATION MAY NOT SERVE AS A VOTING ME MBER OR AS COCHAIR OF THE 23
ADVISORY COUNCIL . 24
(D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY 25
SHALL DESIGNATE TWO REPRESENTATIVES TO S ERVE AS COCHAIRS . 26
(E) A MEMBER OF THE ADVISO RY COUNCIL: 27 SENATE BILL 222 23
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 1
ADVISORY COUNCIL ; BUT 2
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 3
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 4
(F) THE ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY. 5
(G) THE ADVISORY COUNCIL SHALL: 6
(1) ON REQUEST BY A PRODU CER OR PRODUCER RESPONSI BILITY 7
ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A 8
PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 9–2504 OF THIS SUBTITLE; 9
(2) RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS 10
SUBMITTED IN ACCORDA NCE WITH § 9–2504 OF THIS SUBTITLE; 11
(3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN 12
ACCORDANCE WITH § 9–2507 OF THIS SUBTITLE; 13
(4) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING 14
PRODUCER RESPONSIBIL ITY PLAN APPROVAL ; 15
(5) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND 16
PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE GARDING PRODUCER 17
RESPONSIBILITY PLAN IMPLEMENTATION ; AND 18
(6) PROVIDE WRITTEN RECOM MENDATIONS REGARDING THE 19
PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN 20
APPROVED PLAN , TO A PRODUCER RESPONSIB ILITY ORGANIZATION B EFORE THE 21
PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE 22
DEPARTMENT . 23
9–2506. 24
(A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER 25
RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER 26
RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT , AND ANY OTHER 27
REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT M AY 28
REQUEST REIMBURSEMEN T FROM A PRODUCER RE SPONSIBILITY ORGANIZ ATION 29
FOR COSTS ASSOCIATED WITH COLLECTING , TRANSPORTING , AND PROCESSIN G 30
PACKAGING MATERIALS THAT ARE I DENTIFIED UNDER THE PLAN, INCLUDING COSTS 31 24 SENATE BILL 222
ASSOCIATED WITH RECY CLING SERVICES FOR PUBLIC PLACES AND PU BLIC 1
HOUSING. 2
(B) (1) IF MULTIPLE PRODUCER RESPONSIBILITY ORGAN IZATIONS 3
REGISTER APPROVED PR ODUCER RESPONSIBILIT Y PLANS WITH THE DEPARTMENT 4
IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY 5
ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UNDER THIS 6
SECTION. 7
(2) MULTIPLE PRODUCER RES PONSIBILITY ORGANIZA TIONS MAY 8
ESTABLISH A THIRD –PARTY ENTITY TO COOR DINATE REIMBURSEMENT IN 9
ACCORDANCE WITH THIS SUBSECTION. 10
(C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GO VERNMENT TO 11
REQUEST REIMBURSEMEN T FROM A PRODUCER RE SPONSIBILITY ORGANIZ ATION 12
FOR COSTS ASSOCIATED WITH COMPOSTING MATE RIALS THAT ARE NOT P ACKAGING 13
MATERIALS, INCLUDING FOOD WASTE AND OTHER ORGANIC MA TERIALS. 14
9–2507. 15
(A) BEGINNING MARCH 1, 2027, EACH PRODUCER RESPON SIBILITY 16
ORGANIZATION THAT HA S AN APPROVED PRODUC ER RESPONSIBILITY PL AN ON FILE 17
WITH THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE DEPARTMENT ON THE 18
PROGRESS TOWARD MEET ING PLAN REQUIREMENT S AND GOALS FOR THE 19
IMMEDIATELY PRECEDIN G CALENDAR YEAR. 20
(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 21
SHALL INCLUDE : 22
(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 23
USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKAGING 24
MATERIALS; 25
(2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE GOALS 26
ESTABLISHED UNDER § 9–2504(B)(3) OF THIS SUBTITLE; AND 27
(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION 28
OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS; 29
(3) THE AMOUNT OF EACH PACKAGING MATERIAL TYPE COLLEC TED 30
IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EA CH PACKAGING 31
MATERIAL TYPE ; 32
SENATE BILL 222 25
(4) (I) THE NUMBER OF BEVERAG E CONTAINERS SOLD IN THE 1
STATE AND THE NUMBER COLLECTED, BY MATERIAL TYPE ; 2
(II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE OF 3
RECYCLING OF BEVERAG E CONTAINERS BY MATE RIAL TYPE, AFTER SUBTRACTING 4
CONTAMINATION RATES , AND BY NUMBER OF UNI TS AND WEIGHT ; AND 5
(III) 1. A DESCRIPTION OF THE L OCATION OF COLLECTIO N 6
FACILITIES OR POINTS AND SORTING AND PROC ESSING FACILITIES FOR BEVERAGE 7
CONTAINERS; 8
2. A DESCRIPTION OF ANY I MPROVEMENTS MADE IN THE 9
REPORTING YEAR TO IN CREASE THE EASE AND CONVENIENCE FOR CONS UMERS TO 10
RETURN BEVERAGE CONT AINERS; 11
3. A DESCRIPTION OF UNDER SERVED AREAS AND 12
ACTIONS THAT WILL BE TAKEN BY THE PRODUCE R RESPONSIBILITY ORG ANIZATION 13
TO IMPROVE THE AVAIL ABILITY OF COLLECTIO N FACILITIES OR POIN TS IN 14
UNDERSERVED AREAS ; AND 15
4. ANY OTHER INFORMATION ON BEVERAGE 16
CONTAINERS REQUIRED BY THE DEPARTMENT ; 17
(5) THE TOTAL COST OF IMP LEMENTIN G THE PLAN, AS DETERMINED 18
BY AN INDEPENDENT FI NANCIAL AUDITOR INCL UDING: 19
(I) A COPY OF THE WORK PRO DUCT OF THE INDEPEND ENT 20
FINANCIAL AUDITOR ; AND 21
(II) FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS 22
RECEIVED AND ISSUED BY THE PRODUCERS COVERED UNDER THE APPROVED PLAN ; 23
(6) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO 24
CONSUMERS OR OTHER E NTITIES; 25
(7) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN 26
EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS, 27
INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 28
OF THE PLAN CAN BE I MPROVED; 29
(8) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN MARKET 30
DEVELOPMENT AND FOR IMPROVING REUSE , ORGANICS RECYCLING , AND 31
RECYCLING INFRASTRUC TURE; 32 26 SENATE BILL 222
(9) PROOF OF A THIRD –PARTY AUDIT OF: 1
(I) THE REDUCTION IN PACK AGING REPORTED ; 2
(II) THE DATA USED TO DETE RMINE THE STATUS OF ACHIEVING 3
PERFORMANCE GOALS ; 4
(III) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E 5
COLLECTED IN THE STATE; 6
(IV) THE NUMBER OF BEVERAG E CONTAINERS SOLD, 7
COLLECTED, AND REDEEMED IN THE STATE; AND 8
(V) THE OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF 9
BEVERAGE CONTAINERS IN THE STATE; AND 10
(10) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT . 11
(C) WHEN PROVIDING THE DEPARTMENT WITH THE A NNUAL REPORT 12
REQUIRED UNDER THIS SECTION, A PRODUCER RESPONSIB ILITY ORGANIZATION 13
SHALL PAY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED COSTS OF 14
ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 YEAR 15
IMMEDIATELY FOLLOWIN G THE ANNUAL REPORT . 16
(D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 17
DEPARTMENT BY A PRODU CER RESPONSIBILITY O RGANIZATION SHALL BE KEPT 18
CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 19
INSPECTION. 20
(E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE 21
POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PR ODUCER 22
RESPONSIBILITY ORGAN IZATION. 23
9–2508. 24
ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN 25
COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 26
RELATING TO ANTIT RUST AND RESTRAINT O F TRADE FOR ANY COOP ERATED 27
ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSAL OF PACKAGING 28
MATERIALS. 29
9–2509. 30 SENATE BILL 222 27
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 1
SUBTITLE. 2
9–2510. 3
(A) EXCEPT AS OTHERWISE P ROVIDED UN DER SUBSECTION S (B) AND (C) OF 4
THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY 5
TO ENFORCE VIOLATION S OF: 6
(1) THIS SUBTITLE; 7
(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR 8
(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 9
(B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION 10
THAT VIOLATES THIS S UBTITLE IS SUBJECT T O: 11
(I) FOR A FIRST VIOLATION , A CIVIL PENALTY OF $5,000; 12
(II) FOR A SECOND VIOLATIO N, A CIVIL PENALTY OF $10,000; 13
AND 14
(III) FOR A THIRD AND SUBSE QUENT VIOLATION , A CIVIL 15
PENALTY OF $20,000. 16
(2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS 17
SECTION UNLESS : 18
(I) THE DEPARTMENT FIRST ISSU ES A WRITTEN NOTICE OF 19
VIOLATION TO THE PRO DUCER; AND 20
(II) THE VIOLATION IS NOT CORRECTED WITHIN 60 DAYS OF 21
RECEIPT OF THE WRITTEN NOTIC E. 22
(C) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 OF 23
THIS SUBTITLE, THE PERFORMANCE GOAL S ESTABLISHED UNDER § 9–2504(B)(3) OF 24
THIS SUBTITLE HAVE N OT BEEN ACHIEVED , THE DEPARTMENT MAY IMPOSE AN 25
ADMINISTRATIVE PENALTY , NOT TO EXCEED $5,000, ON THE PRODUCER 26
RESPONSIBILITY ORGAN IZATION. 27
(D) ANY PENALTY COLLECTED BY THE DEPARTMENT UNDER THIS SECTION 28 28 SENATE BILL 222
SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 1
9–1707 OF THIS TITLE. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2023. 4