Maryland 2023 Regular Session

Maryland Senate Bill SB222 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 465
2	1
3		-	– 1 –
4		-	Chapter 465
5		-	(Senate Bill 222)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	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	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0222
8	10
9		-	Environment – Reducing Packaging Materials – Statewide Recycling Needs
10		-	Assessment and Producer Responsibility for Packaging Materials
	11	+	SENATE BILL 222
	12	+	M3 (3lr0665)
	13	+	ENROLLED BILL
	14	+	— Education, Energy, and the Environment/Environment and Transportation and
	15	+	Economic Matters —
	16	+	Introduced by Senators Augustine, Hester, Elfreth, and Hettleman Hettleman,
	17	+	Brooks, Kagan, Lewis Young, and Watson
11	18
12		-	FOR the purpose of requiring certain producers of packaging materials to individually or
13		-	as part of a producer responsibility organization submit a certain packaging
14		-	materials producer responsibility plan to the Department of the Environment for
15		-	review and approval on or before a certain date and in accordance with certain
16		-	requirements; prohibiting, on or after a certain date, a producer of certain packaging
17		-	materials from selling, offering for sale, distributing, or importing certain packaging
18		-	materials unless the producer, individually or as part of a producer responsibility
19		-	organization, has an approved producer responsibility plan on file with the
20		-	Department; requiring a producer responsibility organization to pay certain costs to
21		-	the Department; requiring a producer responsibility organization to implement a
22		-	producer responsibility plan within a certain amount of time after the Department
23		-	approves the producer responsibility plan; establishing a producer responsibility
24		-	plan advisory council; authorizing a local government to request reimbursement
25		-	from a certain producer that has an approved producer responsibility plan on file
26		-	with the Department for certain costs in a certain manner; altering the definition of
27		-	“organics recycling” to include the processing of certain compostable packaging
28		-	materials in a certain manner; requiring the Department of the Environment to
29		-	approve a certain producer responsibility organization for certain purposes on or
30		-	before a certain date; establishing a producer responsibility advisory council to
31		-	provide advice and make recommendations regarding establishing and implementing
32		-	a producer responsibility program in the State for packaging materials and to report
33		-	to certain committees of the General Assembly on or before a certain date; requiring
34		-	the Office of Recycling in the Department to hire an independent contractor to
35		-	conduct certain statewide recycling needs assessments in a certain manner and to
36		-	submit certain reports on the results of the assessments to the Governor and the
37		-	General Assembly on or before certain dates a certain statewide recycling needs
38		-	assessment in a certain manner and to submit a certain report to the Governor and
39		-	the General Assembly on or before a certain date; and generally relating to a statewide
40		-	recycling needs assessment and producer responsibility for packaging materials.
	19	+	Read and Examined by Proofreaders:
41	20
42		-	BY repealing and reenacting, without amendments,
43		-	Article – Environment
44		-	Section 9–1701(a) and (o)
45		-	Annotated Code of Maryland
46		-	(2014 Replacement Volume and 2022 Supplement)
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+	_______________________________________________
	24	+	Proofreader.
47	25
48		-	BY repealing and reenacting, with amendments,
49		-	Article – Environment Ch. 465 2023 LAWS OF MARYLAND
	26	+	Sealed with the Great Seal and presented to the Governor, for his approval this
50	27
51		-	– 2 –
52		-	Section 9–1702 9–1701(n), 9–1702, and 9–1707(f)
53		-	Annotated Code of Maryland
54		-	(2014 Replacement Volume and 2022 Supplement)
	28	+	_______ day of _______________ at ________________________ o’clock, ________M.
55	29
56		-	BY adding to
57		-	Article – Environment
58		-	Section 9–1702.2; and 9–2501 through 9–2510 9–2503 to be under the new subtitle
59		-	“Subtitle 25. Producer Responsibility for Packaging Materials”
60		-	Annotated Code of Maryland
61		-	(2014 Replacement Volume and 2022 Supplement)
	30	+	______________________________________________
	31	+	President.
62	32
63		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
64		-	That the Laws of Maryland read as follows:
	33	+	CHAPTER ______
65	34
66		-	~~Article – Environment~~
	35	+	AN ACT concerning 1
67	36
68		-	9–1701.
	37	+	Environment – Reducing Packaging Materials – Statewide Recycling Needs 2
	38	+	Assessment and Producer Responsibility for Packaging Materials 3
69	39
70		-	(a) In this subtitle the following words have the meanings indicated.
	40	+	FOR the purpose of requiring certain producers of packaging materials to individually or 4
	41	+	as part of a producer responsibility organization submit a certain packaging 5
	42	+	materials producer responsibility plan to the Department of the Environment for 6
	43	+	review and approval on or before a certain date and in accordance with certain 7
	44	+	requirements; prohibiting, on or after a certain date, a producer of certain packaging 8
	45	+	materials from selling, offering for sale, distributing, or importing certain packaging 9
	46	+	materials unless the producer, individually or as part of a producer responsibility 10
	47	+	organization, has an approved producer responsibility plan on file with the 11
	48	+	Department; requiring a producer responsibility organization to pay certain costs to 12
	49	+	the Department; requiring a producer responsibility organization to implement a 13 2 SENATE BILL 222
71	50
72		-	(n) (1) “Organics recycling” means any process in which organic materials OR
73		-	COMPOSTABLE PACKAGIN G MATERIALS are collected, separated, or processed and
74		-	returned to the marketplace in the form of raw materials or products.
75	51
76		-	(2) “Organics recycling” includes anaerobic digestion and composting.
	52	+	producer responsibility plan within a certain amount of time after the Department 1
	53	+	approves the producer responsibility plan; establishing a producer responsibility 2
	54	+	plan advisory council; authorizing a local government to request reimbursement 3
	55	+	from a certain producer that has an approved producer responsibility plan on file 4
	56	+	with the Department for certain costs in a certain manner; altering the definition of 5
	57	+	“organics recycling” to include the processing of certain compostable packaging 6
	58	+	materials in a certain manner; requiring the Department of the Environment to 7
	59	+	approve a certain producer responsibility organization for certain purposes on or 8
	60	+	before a certain date; establishing a producer responsibility advisory council to 9
	61	+	provide advice and make recommendations regarding establishing and implementing 10
	62	+	a producer responsibility program in the State for packaging materials and to report 11
	63	+	to certain committees of the General Assembly on or before a certain date; requiring 12
	64	+	the Office of Recycling in the Department to hire an independent contractor to 13
	65	+	conduct certain statewide recycling needs assessments in a certain manner and to 14
	66	+	submit certain reports on the results of the assessments to the Governor and the 15
	67	+	General Assembly on or before certain dates a certain statewide recycling needs 16
	68	+	assessment in a certain manner and to submit a certain report to the Governor and 17
	69	+	the General Assembly on or before a certain date; and generally relating to a statewide 18
	70	+	recycling needs assessment and producer responsibility for packaging materials. 19
77	71
78		-	(o) “Organics recycling facility” means a facility where organics recycling takes
79		-	place.
	72	+	BY repealing and reenacting, without amendments, 20
	73	+	Article – Environment 21
	74	+	Section 9–1701(a) and (o) 22
	75	+	Annotated Code of Maryland 23
	76	+	(2014 Replacement Volume and 2022 Supplement) 24
80	77
81		-	9–1702.
	78	+	BY repealing and reenacting, with amendments, 25
	79	+	Article – Environment 26
	80	+	Section 9–1702 9–1701(n), 9–1702, and 9–1707(f) 27
	81	+	Annotated Code of Maryland 28
	82	+	(2014 Replacement Volume and 2022 Supplement) 29
82	83
83		-	(a) There is an Office of Recycling created within the Department.
	84	+	BY adding to 30
	85	+	Article – Environment 31
	86	+	Section 9–1702.2; and 9–2501 through 9–2510 9–2503 to be under the new subtitle 32
	87	+	“Subtitle 25. Producer Responsibility for Packaging Materials” 33
	88	+	Annotated Code of Maryland 34
	89	+	(2014 Replacement Volume and 2022 Supplement) 35
84	90
85		-	(b) The Secretary shall appoint a Director and sufficient staff to perform the
86		-	functions of the Office. After July 1, 1989, the number of staff shall be as provided in the
87		-	budget.
	91	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
	92	+	That the Laws of Maryland read as follows: 37
88	93
89		-	(c) The Secretary may adopt regulations to carry out the provisions of this
90		-	subtitle.
	94	+	Article – Environment 38
91	95
92		-	~~(d) The Office shall:~~
	96	+	9–1701. 39
93	97
94		-	(1) Assist the counties in developing an acceptable recycling plan required
95		-	under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to
96		-	the local governments;
97		-	WES MOORE, Governor Ch. 465
	98	+	(a) In this subtitle the following words have the meanings indicated. 40 SENATE BILL 222 3
98	99
99		-	– 3 –
100		-	(2) Coordinate the efforts of the State to facilitate the implementation of
101		-	the recycling goals at the county level;
102	100
103		-	(3) Review all recycling plans submitted as part of a county plan as
104		-	required under § 9–505 of this title and advise the Secretary on the adequacy of the
105		-	recycling plan;
106	101
107		-	(4) Administer the Statewide Electronics Recycling Program under Part IV
108		-	of this subtitle; [and]
	102	+	(n) (1) “Organics recycling” means any process in which organic materials OR 1
	103	+	COMPOSTABLE PACKAGIN G MATERIALS are collected, separated, or processed and 2
	104	+	returned to the marketplace in the form of raw materials or products. 3
109	105
110		-	(5) Promote the development of markets for recycled materials and
111		-	recycled products in the State in accordance with § 9–1702.1 of this subtitle;
	106	+	(2) “Organics recycling” includes anaerobic digestion and composting. 4
112	107
113		-	(6) ~~CONDUCT PROCURE~~ A ~~STATEWIDE RECYCLIN G NEEDS~~
114		-	~~ASSESSMENT IN ACCORD ANCE WITH § 9–1702.2 OF THIS SUBTITLE; AND~~
	108	+	(o) “Organics recycling facility” means a facility where organics recycling takes 5
	109	+	place. 6
115	110
116		-	(7) REVIEW AND APPROVE , IN CONSULTATION WITH TH E PRODUCER
117		-	RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS
118		-	TITLE, PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN
119		-	ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE.
	111	+	9–1702. 7
120	112
121		-	(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in
122		-	coordination with the Maryland Environmental Service, study and report to the Governor
123		-	and, subject to § 2–1257 of the State Government Article, the General Assembly on:
	113	+	(a) There is an Office of Recycling created within the Department. 8
124	114
125		-	(1) The ~~identification~~ and ~~location of recycling centers,~~ ~~including an~~
126		-	~~analysis~~ of ~~existing recycling centers and~~ the ~~need to expand these facilities or construct~~
127		-	~~new recycling centers;~~
	115	+	(b) The Secretary shall appoint a Director and sufficient staff to perform the 9
	116	+	functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 10
	117	+	budget. 11
128	118
129		-	(2) ~~Programs necessary~~ to ~~educate~~ the ~~public on the need to participate in~~
130		-	~~recycling efforts;~~
	119	+	(c) The Secretary may adopt regulations to carry out the provisions of this 12
	120	+	subtitle. 13
131	121
132		-	(3) The economics and financing of existing and proposed systems of waste
133		-	disposal and recycling;
	122	+	(d) The Office shall: 14
134	123
135		-	(4) State procurement policies for the purchase of recycled materials;
	124	+	(1) Assist the counties in developing an acceptable recycling plan required 15
	125	+	under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 16
	126	+	the local governments; 17
136	127
137		-	(5) ~~Programs necessary~~ to ~~reduce~~ the ~~amount~~ of ~~solid waste generated for~~
138		-	~~disposal by a State agency or unit~~;
	128	+	(2) Coordinate the efforts of the State to facilitate the implementation of 18
	129	+	the recycling goals at the county level; 19
139	130
140		-	(6) The liaison role with local governments, the federal government, and
141		-	the private sector;
	131	+	(3) Review all recycling plans submitted as part of a county plan as 20
	132	+	required under § 9–505 of this title and advise the Secretary on the adequacy of the 21
	133	+	recycling plan; 22
142	134
143		-	(7) The percentage reduction in the amount of solid waste that has been
144		-	achieved by each county; and
145		-	Ch. 465 2023 LAWS OF MARYLAND
	135	+	(4) Administer the Statewide Electronics Recycling Program under Part IV 23
	136	+	of this subtitle; [and] 24
146	137
147		-	– 4 –
148		-	(8) Economically feasible methods for the recycling of scrap automobile
149		-	tires, batteries, and white goods.
	138	+	(5) Promote the development of markets for recycled materials and 25
	139	+	recycled products in the State in accordance with § 9–1702.1 of this subtitle; 26
150	140
151		-	(f) (1) By December 1, 1988, the Office shall, in coordination with the
152		-	Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make
153		-	recommendations to the General Assembly for the financing of a comprehensive system of
154		-	recycling at the State and local level, including funding for recycling centers, recycling
155		-	equipment, recycling education, and marketing strategies.
	141	+	(6) CONDUCT PROCURE A STATEWIDE RECYCLIN G NEEDS 27
	142	+	ASSESSMENT IN ACCORD ANCE WITH § 9–1702.2 OF THIS SUBTITLE; AND 28
156	143
157		-	(2) After the financing recommendations are made under paragraph (1) of
158		-	this subsection, each county may submit to the Office and the Governor a detailed request
159		-	for funds necessary to assist in the development and implementation of a recycling plan
160		-	under guidelines developed by the Office.
	144	+	(7) REVIEW AND APPROVE , IN CONSULTATION WITH THE PRODUCER 29
	145	+	RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS 30 4 SENATE BILL 222
161	146
162		-	(g) In studying feasible methods for the management and recycling of used tires
163		-	under subsection (e)(9) of this section, the Office of Recycling shall consult with the
164		-	appropriate industry, including representatives of:
165	147
166		-	(1) Tire manufacturers;
	148	+	TITLE, PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN 1
	149	+	ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE. 2
167	150
168		-	(2) Tire dealers; and
	151	+	(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 3
	152	+	coordination with the Maryland Environmental Service, study and report to the Governor 4
	153	+	and, subject to § 2–1257 of the State Government Article, the General Assembly on: 5
169	154
170		-	(3) Tire recyclers.
	155	+	(1) The identification and location of recycling centers, including an 6
	156	+	analysis of existing recycling centers and the need to expand these facilities or construct 7
	157	+	new recycling centers; 8
171	158
172		-	9–1702.2.
	159	+	(2) Programs necessary to educate the public on the need to participate in 9
	160	+	recycling efforts; 10
173	161
174		-	(A) IN THIS SECTION , “ADVISORY COUNCIL ” AND “PRODUCER
175		-	RESPONSIBILITY ORGAN IZATION” HAVE THE MEANINGS ST ATED IN § 9–2501 OF THIS
176		-	TITLE.
	162	+	(3) The economics and financing of existing and proposed systems of waste 11
	163	+	disposal and recycling; 12
177	164
178		-	(B) IN ACCORDANCE WITH SU BSECTION (D) OF THIS SECTION AND TO CARRY
179		-	OUT THE REQUIREMENTS O F § 9–1702(D)(6) OF THIS SUBTITLE, THE OFFICE SHALL
180		-	HIRE AN INDEPENDENT CONSULTANT TO CONDUCT A STATEWIDE RECYCLING NEEDS
181		-	ASSESSMENT AT LEAST ONCE EVERY 10 YEARS OR AS RECOMMEN DED BY THE
182		-	ADVISORY COUNCIL THA T INCLUDES:
	165	+	(4) State procurement policies for the purchase of recycled materials; 13
183	166
184		-	(1) ~~AN ANALYSIS~~ OF ~~THE STATE’S CURRENT~~ SOLID ~~WAST E STREAMS,~~
185		-	~~INCLUDING:~~
	167	+	(5) Programs necessary to reduce the amount of solid waste generated for 14
	168	+	disposal by a State agency or unit; 15
186	169
187		-	(I) ~~SOLID WASTE GENERATED IN~~ THE ~~STATE BY~~ LOCAL
188		-	~~JURISDICTION, TYPE,~~ ~~AND MATERIAL~~ ;
	170	+	(6) The liaison role with local governments, the federal government, and 16
	171	+	the private sector; 17
189	172
190		-	(II) ~~DISPOSAL METHODS BY M ATERIAL TYPE AND AMO UNT;~~ ~~AND~~
191		-	~~WES MOORE,~~ ~~Governor Ch. 465~~
	173	+	(7) The percentage reduction in the amount of solid waste that has been 18
	174	+	achieved by each county; and 19
192	175
193		-	– 5 –
194		-	(III) ASSOCIATED COSTS AND REVENUES FOR SO LID WASTE
195		-	DISPOSAL PROGRAMS ;
	176	+	(8) Economically feasible methods for the recycling of scrap automobile 20
	177	+	tires, batteries, and white goods. 21
196	178
197		-	(2) AN ANALYSIS OF THE STATE’S CURRENT RECYCLING STREAMS,
198		-	INCLUDING:
	179	+	(f) (1) By December 1, 1988, the Office shall, in coordination with the 22
	180	+	Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 23
	181	+	recommendations to the General Assembly for the financing of a comprehensive system of 24
	182	+	recycling at the State and local level, including funding for recycling centers, recycling 25
	183	+	equipment, recycling education, and marketing strategies. 26
199	184
200		-	(I) RECYCLABLE MATERIALS PROCESSED BY LOCAL
201		-	JURISDICTION, TYPE, AND AMOUNT ;
	185	+	(2) After the financing recommendations are made under paragraph (1) of 27
	186	+	this subsection, each county may submit to the Office and the Governor a detailed request 28
	187	+	for funds necessary to assist in the development and implementation of a recycling plan 29
	188	+	under guidelines developed by the Office. 30
202	189
203		-	(II) PROCESSING METHODS BY MATERIAL TYPE AND AM OUNT;
	190	+	(g) In studying feasible methods for the management and recycling of used tires 31
	191	+	under subsection (e)(9) of this section, the Office of Recycling shall consult with the 32
	192	+	appropriate industry, including representatives of: 33
204	193
205		-	(III) ASSOCIATED COSTS AND REVENUES FOR RECYCLI NG
206		-	PROGRAMS, COLLECTION, AND TIPPING FEES ; AND
	194	+	(1) Tire manufacturers; 34 SENATE BILL 222 5
207	195
208		-	(IV) AN ESTIMATE OF THE AM OUNT OF RECYCLABLE M ATERIALS
209		-	THAT ARE NOT CURRENT LY BEING RECYCLED ;
210	196
211		-	(1) (3) AN EVALUATION OF THE CURRENT INFRASTRUCTU RE AND
212		-	CAPACITY RELATED TO, NEED FOR, AND ASSOCIATED COSTS OF:
213	197
214		-	(I) ~~RECYCLING ACCESS~~ AND ~~AVAILABILITY;~~
	198	+	(2) Tire dealers; and 1
215	199
216		-	(II) COLLECTING AND HAULIN G RECYCLABLE OR
217		-	COMPOSTABLE MATERIAL S IN THE STATE;
	200	+	(3) Tire recyclers. 2
218	201
219		-	(III) PROCESSING RECYCLABLE OR COMPOSTABLE MATER IALS
220		-	IN THE STATE;
	202	+	9–1702.2. 3
221	203
222		-	(IV) ~~TAKING ADVANTAGE OF F AVORABLE MARKET COND ITIONS~~
223		-	~~OR OTHER OPPORTUNITI ES FOR INCREASING RE CYCLING OR ORGANICS RECYCLING~~
224		-	~~IN THE STATE;~~
	204	+	(A) IN THIS SECTION , “ADVISORY COUNCIL ” AND “PRODUCER 4
	205	+	RESPONSIBILITY ORGAN IZATION” HAVE THE MEANINGS ST ATED IN § 9–2501 OF THIS 5
	206	+	TITLE. 6
225	207
226		-	(V) IN COORDINATION WITH LOCAL GOVERNMENTS , CONSUMER
227		-	EDUCATION REGARDING RECYCLING, ORGANICS RECYCLING , AND CONTAMINATI ON
228		-	REDUCTION;
	208	+	(B) IN ACCORDANCE WITH SU BSECTION (D) OF THIS SECTION AND TO CARRY 7
	209	+	OUT THE REQUIREMENTS OF § 9–1702(D)(6) OF THIS SUBTITLE, THE OFFICE SHALL 8
	210	+	HIRE AN INDEPENDENT CONSULTANT TO CONDUCT A STATEWIDE RECYCLING NEEDS 9
	211	+	ASSESSMENT AT LEAST ONCE EVERY 10 YEARS OR AS RECOMMEN DED BY THE 10
	212	+	ADVISORY COUNCIL THA T INCLUDES: 11
229	213
230		-	(VI) REUSE INFRASTRUCTURE ; AND
	214	+	(1) AN ANALYSIS OF T HE STATE’S CURRENT SOLID WAST E STREAMS, 12
	215	+	INCLUDING: 13
231	216
232		-	(VII) ORGANICS RECYCLING IN FRASTRUCTURE ;
	217	+	(I) SOLID WASTE GENERATED IN THE STATE BY LOCAL 14
	218	+	JURISDICTION, TYPE, AND MATERIAL ; 15
233	219
234		-	(2) (4) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING
235		-	FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS;
236		-	Ch. 465 2023 LAWS OF MARYLAND
	220	+	(II) DISPOSAL METHODS BY M ATERIAL TYPE AND AMO UNT; AND 16
237	221
238		-	– 6 –
239		-	(3) (5) AN EVALUATION OF OPPO RTUNITIES IN THE RECYCLING
240		-	SYSTEM FOR WOMEN AND MINORITY INDIVIDUALS ;
	222	+	(III) ASSOCIATED COSTS AND REVENUES FOR SOLID W ASTE 17
	223	+	DISPOSAL PROGRAMS ; 18
241	224
242		-	(4) (6) AN EVALUATION OF LOCA L GOVERNMENT REQUIRE MENTS
243		-	RELATED TO MULTIFAMI LY AND COMMERCIAL RECYCLING SERVICES A ND THEIR
244		-	IMPLEMENTATION ;
	225	+	(2) AN ANALYSIS OF THE STATE’S CURRENT RECYCLING STREAMS, 19
	226	+	INCLUDING: 20
245	227
246		-	(5) ~~(7) THE SUFFICIENCY OF RE CYCLING EDUCATION PR OGRAMS~~
247		-	~~RELATIVE TO DESIRED EQUITY OUTCOMES~~ ;
	228	+	(I) RECYCLABLE MATERIALS PROCESSED BY LOCAL 21
	229	+	JURISDICTION, TYPE, AND AMOUNT ; 22
248	230
249		-	(6) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING SYSTEM
250		-	FOR BUSINESSES IN TH E STATE; AND
	231	+	(II) PROCESSING METHODS BY MATERIAL TYPE AND AM OUNT; 23
251	232
252		-	(8) ~~AN EVALUATION OF THE ECONOMIC OPPORTUNITI ES IN THE~~
253		-	~~STATE’S RECYCLING SYSTEM~~ , ~~INCLUDING:~~
	233	+	(III) ASSOCIATED COSTS AND REVENUES FOR REC YCLING 24
	234	+	PROGRAMS, COLLECTION, AND TIPPING FEES ; AND 25
254	235
255		-	(I) ~~STATE AND LOCAL REVENUE THAT MAY BE CONSIDERED~~
256		-	~~LOST BECAUSE RECYCLA BLE MATERIALS~~ ARE ~~NO T~~ BEING RECYCLED ;
	236	+	(IV) AN ESTIMATE OF THE AM OUNT OF RECYCLABLE M ATERIALS 26
	237	+	THAT ARE NOT CURRENT LY BEING RECYCLED ; 27
257	238
258		-	(II) CURRENT ~~JOBS ASSOCIAT ED WITH THE SOLID WA STE~~ AND
259		-	~~RECYCLING INDUSTRIES ;~~
	239	+	(1) (3) AN EVALUATION OF THE CURRENT INFRASTRUCTU RE AND 28
	240	+	CAPACITY RELATED TO , NEED FOR, AND ASSOCIATED COSTS OF: 29 6 SENATE BILL 222
260	241
261		-	(III) OPPORTUNITIES TO INCR EASE EMPLOYMENT IN T HE
262		-	RECYCLING INDUSTRY B Y MATERIAL TY PE;
263	242
264		-	(IV) BUSINESS OPPORTUNITIE S ASSOCIATED WITH RE CYCLING;
265	243
266		-	(V) BARRIERS TO INCREASIN G THE USE OF RECYCLA BLE
267		-	MATERIALS AS FEEDSTO CK FOR PRINCIPAL PRO CESSORS AND MANUFACT URERS
268		-	AND MEANS OF ELIMINA TING THOSE BARRIERS ; AND
	244	+	(I) RECYCLING ACCESS AND AVAILABILITY; 1
269	245
270		-	(VI) ~~RECOMMENDATIONS FOR INCENTIVES TO STIMUL ATE JOB~~
271		-	~~GROWTH AND BUSINESS OPPORTUNITIES~~ IN THE STATE~~’S RECYCLING INDUSTRY~~ ;
	246	+	(II) COLLECTING AND HAULIN G RECYCLABLE OR 2
	247	+	COMPOSTABLE MATERIAL S IN THE STATE; 3
272	248
273		-	(7) (9) RECOMMENDATIONS FOR I MPROVING EQUITY AND
274		-	EQUITABLE OUTCOMES F OR UNDERSERVED POPUL ATIONS IN THE STATE’S
275		-	RECYCLING SYSTEM , INCLUDING RECOMMENDA TIONS FOR NEW RESPONSIBILI TIES
276		-	OF PRODUCER RESPONSI BILITY ORGANIZATIONS AND RECOMMENDATIONS FOR
277		-	FUNDING THE NEW RESP ONSIBILITIES. RESPONSIBILITIES ;
	249	+	(III) PROCESSING RECYCLABLE OR COMPOSTABLE MATER IALS 4
	250	+	IN THE STATE; 5
278	251
279		-	(10) ~~AN ANALYSIS~~ OF ~~THE CO STS AND BENEFITS OF IMPLEMENTING AN~~
280		-	~~EXTENDED PRODUCER~~ RE ~~SPONSIBILITY PROGRAM , INCLUDING TO:~~
281		-	~~WES MOORE, Governor Ch. 465~~
	252	+	(IV) TAKING ADVANTAGE OF FAVORABLE MARKET CON DITIONS 6
	253	+	OR OTHER OPPORTUNITI ES FOR INCREASING RE CYCLING OR ORGANICS RECYCLING 7
	254	+	IN THE STATE; 8
282	255
283		-	– 7 –
284		-	(I) LOCAL GOVERNMENTS ;
	256	+	(V) IN COORDINATION WITH LOCAL GOVERNMENTS , CONSUMER 9
	257	+	EDUCATION REGARDING RECYCLING, ORGANICS RECYCLING , AND CONTAMINATION 10
	258	+	REDUCTION; 11
285	259
286		-	(II) ~~WASTE PRODUCERS~~ ;
	260	+	(VI) REUSE INFRASTRUCTURE ; AND 12
287	261
288		-	(~~III~~) ~~RESIDENTS~~; ~~AND~~
	262	+	(VII) ORGANICS RECYCLING IN FRASTRUCTURE ; 13
289	263
290		-	(IV) WASTE MANAGEMENT COMP ANIES;
	264	+	(2) (4) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING 14
	265	+	FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS; 15
291	266
292		-	(11) AN ~~ANALYSIS~~ OF THE ~~PO TENTIAL ENVIRONMENTA L IMPACT OF AN~~
293		-	~~EXTENDED PRODUCER RE SPONSIBILITY PROGRAM , INCLUDING THROUGH :~~
	267	+	(3) (5) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING 16
	268	+	SYSTEM FOR WOMEN AND MINORITY INDIVIDUALS ; 17
294	269
295		-	(I) INCREASED RECYCLING ;
	270	+	(4) (6) AN EVALUATION OF LOCA L GOVERNMENT REQUIRE MENTS 18
	271	+	RELATED TO MULTIFAMI LY AND COMMERCIAL RECYCLING SERVICES A ND THEIR 19
	272	+	IMPLEMENTATION ; 20
296	273
297		-	(II) RESOURCE RECOVERY ;
	274	+	(5) (7) THE SUFFICIENCY OF RE CYCLING EDUCATION PR OGRAMS 21
	275	+	RELATIVE TO DESIRED EQUITY OUTCOMES ; 22
298	276
299		-	(III) WASTE REDUCTION ; AND
	277	+	(6) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING SYSTEM 23
	278	+	FOR BUSINESSES IN TH E STATE; AND 24
300	279
301		-	(IV) REDUCED ENVIRONMENTAL DAMAGE;
	280	+	(8) AN EVALUATION OF THE ECONOMIC OPPORTUNITI ES IN THE 25
	281	+	STATE’S RECYCLING SYSTEM , INCLUDING: 26
302	282
303		-	(12) ~~RECOMMENDATIONS ON TH E BEST PRACTICES TO FOLLOW FROM~~
304		-	~~SUCCESSFUL EXTENDED PRODUCER RESPONSIBIL ITY PROGRAMS IN OTHE R STATES~~
305		-	~~AND COUNTRIES;~~ ~~AND~~
	283	+	(I) STATE AND LOCAL REVENUE THAT MAY BE CONSIDERED 27
	284	+	LOST BECAUSE RECYCLA BLE MATERIALS ARE NO T BEING RECYCLED ; 28
	285	+	SENATE BILL 222 7
306	286
307		-	(13) BASED ON THE DATA COL LECTED UNDER ITEM (3) OF THIS
308		-	SUBSECTION, A RECOMMENDATION ON A REASONABLE ANNUAL RATE PER TON OF
309		-	RECYCLED OR COMPOSTE D PACKAGING MATERIAL S, TO BE INCLUDED IN TH E
310		-	PRODUCER RESPONSIBIL ITY PLANS REQUIRED U NDER § 9–2504 OF THIS TITLE, FOR
311		-	REIMBURSING LOCAL GO VERNMENTS FOR COSTS ASSOCIATED WITH :
312	287
313		-	(I) ~~COLLECTING PACKAGING~~ ~~MATERIALS THAT ARE~~
314		-	~~IDENTIFIED IN PLANS~~ ;
	288	+	(II) CURRENT JOBS ASSOCIAT ED WITH THE SOLID WA STE AND 1
	289	+	RECYCLING INDUSTRIES ; 2
315	290
316		-	(II) ~~TRANSPORTING RECYCLAB LE OR COMPOSTABLE~~
317		-	~~PACKAGING MATERIALS IDENTIFIED IN THE PL ANS~~; ~~AND~~
	291	+	(III) OPPORTUNITIES TO INCR EASE EMPLOYMENT IN T HE 3
	292	+	RECYCLING INDUSTRY B Y MATERIAL TY PE; 4
318	293
319		-	(III) PROCESSING RECYCLABLE OR COMPOSTABLE PACKA GING
320		-	MATERIALS IDENTIFIED IN THE PLANS, INCLUDING REMOVING C ONTAMINATION .
	294	+	(IV) BUSINESS OPPORTUNITIE S ASSOCIATED WITH RE CYCLING; 5
321	295
322		-	(C) ON OR BEFORE APRIL 1, 2025, AND EACH APRIL 1 EVERY 10 YEARS
323		-	THEREAFTER OR AS REC OMMENDED BY THE ADVI SORY COUNCIL , THE OFFICE
324		-	SHALL REPORT ON THE RESULT S OF THE MOST RECENT ASSESSMENT CONDUCTED
325		-	UNDER THIS SECTION T O THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF
326		-	THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.
327		-	Ch. 465 2023 LAWS OF MARYLAND
	296	+	(V) BARRIERS TO INCREASIN G THE USE OF RECYCLA BLE 6
	297	+	MATERIALS AS FEEDSTO CK FOR PRINCIPAL PRO CESSORS AND MANUFACT URERS 7
	298	+	AND MEANS OF ELIMINA TING THOSE BARRIERS ; AND 8
328	299
329		-	– 8 –
330		-	(D) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER THIS SECTION ,
331		-	THE OFFICE INDEPENDENT CONSULTA NT SHALL CONSULT WITH P RODUCER
332		-	RESPONSIBILITY ORGAN IZATIONS, THE PRODUCER RESPONS IBILITY PLAN
333		-	ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS TITLE, APPROPRIATE
334		-	LOCAL GOVERNMENTAL E NTITIES, AND REGIONAL SOLID W ASTE ORGANIZATIONS IN
335		-	THE STATE.
	300	+	(VI) RECOMMENDATIONS FOR INCENTIVES TO STIMUL ATE JOB 9
	301	+	GROWTH AND BUSINESS OPPORTUNITIES IN THE STATE’S RECYCLING INDUSTRY ; 10
336	302
337		-	(E) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
338		-	OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY PRODUC ER
339		-	RESPONSIBILITY ORGAN IZATIONS TO COVER TH E COSTS ASSOCIATED W ITH
340		-	CONDUCTING THE ASSES SMENTS REQUIRED UNDE R THIS SECTION.
	303	+	(7) (9) RECOMMENDATIONS FOR I MPROVING EQUITY AND 11
	304	+	EQUITABLE OUTCOMES F OR UNDERSERVED POPUL ATIONS IN THE STATE’S 12
	305	+	RECYCLING SYSTEM , INCLUDING RECOMMENDA TIONS FOR NEW RESPONSIBILI TIES 13
	306	+	OF PRODUCER RESPONSI BILITY ORGANIZATIONS AND RECOMMENDATIONS FOR 14
	307	+	FUNDING THE NEW RESP ONSIBILITIES. RESPONSIBILITIES ; 15
341	308
342		-	(2) ~~BEFORE ESTABLISHING A ND COLLECTING A FEE UNDER~~
343		-	~~PARAGRAPH (1) OF THIS SUBSECTION~~ , ~~THE OFFICE SHALL~~:
	309	+	(10) AN ANALYSIS OF THE CO STS AND BENEFITS OF IMPLEMENTING AN 16
	310	+	EXTENDED PRODUCER RE SPONSIBILITY PROGRAM , INCLUDING TO: 17
344	311
345		-	(I) ~~PUBLISH A PROPOSED FE E ON ITS WEBSITE~~; ~~AND~~
	312	+	(I) LOCAL GOVERNMENTS ; 18
346	313
347		-	(II) ~~ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT .~~
	314	+	(II) WASTE PRODUCERS ; 19
348	315
349		-	~~9–1707.~~
	316	+	(III) RESIDENTS; AND 20
350	317
351		-	(f) ~~(1) There is a State Recycling Trust Fund.~~
	318	+	(IV) WASTE MANAGEMENT COMP ANIES; 21
352	319
353		-	(2) The Fund shall consist of:
	320	+	(11) AN ANALYSIS OF THE PO TENTIAL ENVIRONMENTA L IMPACT OF AN 22
	321	+	EXTENDED PRODUCER RE SPONSIBILITY PROGRAM , INCLUDING THROUGH : 23
354	322
355		-	(i) ~~The newsprint~~ recycling ~~incentive fee~~;
	323	+	(I) INCREASED RECYCLING ; 24
356	324
357		-	(ii) The telephone directory recycling incentive fee collected under §
358		-	9–1709 of this subtitle;
	325	+	(II) RESOURCE RECOVERY ; 25
359	326
360		-	(iii) The covered electronic device manufacturer registration fee
361		-	collected under § 9–1728 of this subtitle;
	327	+	(III) WASTE REDUCTION ; AND 26
362	328
363		-	(IV) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY
364		-	ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 25 OF THIS
365		-	TITLE;
	329	+	(IV) REDUCED ENVIRONMENTAL DAMAGE; 27
	330	+	8 SENATE BILL 222
366	331
367		-	[(iv)] (V) All fines and penalties collected under this subtitle AND §
368		-	9–2510 OF THIS TITLE;
369	332
370		-	[(v)] (VI) Money appropriated in the State budget to the Fund; and
	333	+	(12) RECOMMENDATIONS ON TH E BEST PRACTICES TO FOLLOW FROM 1
	334	+	SUCCESSFUL EXTENDED PRODUCER RESPONSIBIL ITY PROGRAMS IN OTHE R STATES 2
	335	+	AND COUNTRIES; AND 3
371	336
372		-	[(vi)] (VII) Any other money from any other source accepted for the
373		-	benefit of the Fund. WES MOORE, Governor Ch. 465
	337	+	(13) BASED ON THE DATA COL LECTED UNDER ITEM (3) OF THIS 4
	338	+	SUBSECTION, A RECOMMENDATION ON A REASONABLE ANNUAL RATE PER TON OF 5
	339	+	RECYCLED OR COMPOSTE D PACKAGING MATERIAL S, TO BE INCLUDED IN TH E 6
	340	+	PRODUCER RESPONSIBIL ITY PLANS REQUIRED U NDER § 9–2504 OF THIS TITLE, FOR 7
	341	+	REIMBURSING LOCAL GO VERNMENTS FOR COSTS ASSOCIATED WITH : 8
374	342
375		-	– 9 –
	343	+	(I) COLLECTING PACKAGING MATERIALS THAT ARE 9
	344	+	IDENTIFIED IN PLANS ; 10
376	345
377		-	(3) The Secretary shall administer the Fund.
	346	+	(II) TRANSPORTING RECYCLAB LE OR COMPOSTABLE 11
	347	+	PACKAGING MATERIALS IDENTIFIED IN THE PL ANS; AND 12
378	348
379		-	(4) ~~The Treasurer shall hold the Fund separately and the Comptroller shall~~
380		-	~~account for~~ the ~~Fund~~.
	349	+	(III) PROCESSING RECYCLABLE OR COMPOSTABLE PACKA GING 13
	350	+	MATERIALS IDENTIFIED IN THE PLANS, INCLUDING REMOVING C ONTAMINATION . 14
381	351
382		-	(5) At the end of each fiscal year, any unspent or unencumbered balance in
383		-	the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in
384		-	accordance with § 7–302 of the State Finance and Procurement Article.
	352	+	(C) ON OR BEFORE APRIL 1, 2025, AND EACH APRIL 1 EVERY 10 YEARS 15
	353	+	THEREAFTER OR AS REC OMMENDED BY THE ADVI SORY COUNCIL , THE OFFICE 16
	354	+	SHALL REPORT ON THE RESULT S OF THE MOST RECENT ASSESSMENT CONDUCTED 17
	355	+	UNDER THIS SECTION T O THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 18
	356	+	THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 19
385	357
386		-	(6) In accordance with the State budget, the Fund shall be used only:
	358	+	(D) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER THIS SECTION , 20
	359	+	THE OFFICE INDEPENDENT CONSULTA NT SHALL CONSULT WITH P RODUCER 21
	360	+	RESPONSIBILITY ORGAN IZATIONS, THE PRODUCER RESPONS IBILITY PLAN 22
	361	+	ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS TITLE, APPROPRIATE 23
	362	+	LOCAL GOVERNMENTAL E NTITIES, AND REGIONAL SOLID W ASTE ORGANIZATIONS IN 24
	363	+	THE STATE. 25
387	364
388		-	(i) To provide grants to the counties to be used by the counties to
389		-	develop and implement local recycling plans;
	365	+	(E) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 26
	366	+	OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY PRODUC ER 27
	367	+	RESPONSIBILITY ORGAN IZATIONS TO COVER TH E COSTS ASSOCIATED W ITH 28
	368	+	CONDUCTING THE ASSES SMENTS REQUIRED UNDE R THIS SECTION. 29
390	369
391		-	(ii) To provide grants to counties that have addressed methods for
392		-	the separate collection and recycling of covered electronic devices in accordance with §
393		-	9–1703(c)(1) of this subtitle;
	370	+	(2) BEFORE ESTABLISHING A ND COLLECTING A FEE UNDER 30
	371	+	PARAGRAPH (1) OF THIS SUBSECTION , THE OFFICE SHALL: 31
394	372
395		-	(iii) To provide grants to municipalities to be used by the
396		-	municipalities to implement local covered electronic device recycling programs; [and]
	373	+	(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND 32
397	374
398		-	(IV) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS
399		-	SUBSECTION, TO COVER THE COSTS O F THE STATEWIDE RECY CLING NEEDS
400		-	ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS SUBTITLE;
	375	+	(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 33
	376	+	SENATE BILL 222 9
401	377
402		-	(V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS
403		-	SUBSECTION, TO COVER THE COSTS O F PRODUCER RESPONSIB ILITY PLAN REVIEW ,
404		-	OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE; AND
405	378
406		-	[(iv)] (VI) To carry out the purposes of the land management
407		-	administration.
	379	+	9–1707. 1
408	380
409		-	(7) (I) THERE ~~SHALL BE~~ A ~~SEPA RATE ACCOUNT WITHIN THE~~ FUND.
	381	+	(f) (1) There is a State Recycling Trust Fund. 2
410	382
411		-	(II) THE ~~SEPARATE ACCOUNT~~ SHALL CONSIST OF :
	383	+	(2) The Fund shall consist of: 3
412	384
413		-	1. ANY FEES COLLECTED FR OM PRODUCER
414		-	RESPONSIBILITY ORGAN IZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR
415		-	SUBTITLE 25 OF THIS TITLE; AND
	385	+	(i) The newsprint recycling incentive fee; 4
416	386
417		-	2. ALL FINES AND PENALTI ES COLLECTED UNDER §
418		-	9–2510 OF THIS TITLE.
419		-	Ch. 465 2023 LAWS OF MARYLAND
	387	+	(ii) The telephone directory recycling incentive fee collected under § 5
	388	+	9–1709 of this subtitle; 6
420	389
421		-	– 10 –
422		-	(III) THE SEPARATE ACCOUNT SHALL BE USED ONLY F OR THE
423		-	COSTS OF THE STATEWI DE RECYCLING NEEDS A SSESSMENT CONDUCTED UNDER §
424		-	9–1702.2 OF THIS SUBTITLE AND PRODUCER RESPONSIBIL ITY PLAN REVIEW ,
425		-	OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE.
	390	+	(iii) The covered electronic device manufacturer registration fee 7
	391	+	collected under § 9–1728 of this subtitle; 8
426	392
427		-	[(7)] (8) (i) The Treasurer shall invest the money in the Fund in the
428		-	same manner as other State money may be invested.
	393	+	(IV) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY 9
	394	+	ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 25 OF THIS 10
	395	+	TITLE; 11
429	396
430		-	(ii) ~~Any investment earnings of the Fund shall be credited to the~~
431		-	~~General Fund~~ of ~~the State.~~
	397	+	[(iv)] (V) All fines and penalties collected under this subtitle AND § 12
	398	+	9–2510 OF THIS TITLE; 13
432	399
433		-	~~SUBTITLE 25.~~ ~~PRODUCER RESPONSIBILITY FOR PACKAGING MATERIALS.~~
	400	+	[(v)] (VI) Money appropriated in the State budget to the Fund; and 14
434	401
435		-	9–2501.
	402	+	[(vi)] (VII) Any other money from any other source accepted for the 15
	403	+	benefit of the Fund. 16
436	404
437		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
438		-	INDICATED.
	405	+	(3) The Secretary shall administer the Fund. 17
439	406
440		-	(B) ~~“ADVISORY COUNCIL ” MEANS~~ THE ~~PRODUCER R ESPONSIBILITY PLAN~~
441		-	~~ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 9–2503 OF THIS SUBTITLE~~.
	407	+	(4) The Treasurer shall hold the Fund separately and the Comptroller shall 18
	408	+	account for the Fund. 19
442	409
443		-	(C) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE
444		-	CONTAINER:
	410	+	(5) At the end of each fiscal year, any unspent or unencumbered balance in 20
	411	+	the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 21
	412	+	accordance with § 7–302 of the State Finance and Procurement Article. 22
445	413
446		-	(1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL,
447		-	CARTON, POUCH, OR ASEPTIC PACKAGING , SUCH AS A DRINK BOX , OR OF
448		-	MULTIMATERIALS ; AND
	414	+	(6) In accordance with the State budget, the Fund shall be used only: 23
449	415
450		-	(2) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS.
	416	+	(i) To provide grants to the counties to be used by the counties to 24
	417	+	develop and implement local recycling plans; 25
451	418
452		-	(D) (C) “LOCAL GOVERNMENT ” MEANS:
	419	+	(ii) To provide grants to counties that have addressed methods for 26
	420	+	the separate collection and recycling of covered electronic devices in accordance with § 27
	421	+	9–1703(c)(1) of this subtitle; 28
453	422
454		-	(1) A COUNTY; OR
	423	+	(iii) To provide grants to municipalities to be used by the 29
	424	+	municipalities to implement local covered electronic device recycling programs; [and] 30 10 SENATE BILL 222
455	425
456		-	(2) A MUNICIPALITY.
457	426
458		-	(D) “MATERIALS RECYCLING F ACILITY” MEANS A FACILITY THA T RECEIVES
459		-	RECYCLABLE MATERIALS FOR MECHANICAL OR MA NUAL SORTING INTO
460		-	SPECIFICATION–GRADE COMMODITIES FO R SALE TO A BROKER O R END MARKET .
461	427
462		-	(E) (D) ~~“ORGANICS RECYCLING ” AND “ORGANICS RECYCLING F ACILITY”~~
463		-	~~HAVE~~ THE ~~MEANINGS HAS~~ THE ~~MEANING STATED IN § 9–1701 OF THIS TITLE.~~
464		-	~~WES MOORE, Governor Ch. 465~~
	428	+	(IV) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 1
	429	+	SUBSECTION, TO COVER THE COSTS O F THE STATEWIDE RECY CLING NEEDS 2
	430	+	ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS SUBTITLE; 3
465	431
466		-	– 11 –
467		-	(F) “PACKAGING MATERIAL WA STE” MEANS THE PERCENTAGE OF THE
468		-	TOTAL WEIGHT OF PACK AGING MATERIALS SOLD OR DISTRIBUTED IN TH E STATE
469		-	THAT ARE NOT RECYCLE D, REUSED, OR COMPOSTED .
	432	+	(V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 4
	433	+	SUBSECTION, TO COVER THE COSTS O F PRODUCER RESPONSIB ILITY PLAN REVIEW , 5
	434	+	OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE; AND 6
470	435
471		-	(E) (G) (E) (1) “PACKAGING MATERIALS ” MEANS, REGARDLESS OF
472		-	RECYCLABILITY , ANY PART OF A PACKAG E OR CONTAINER , INCLUDING MATERIAL
473		-	THAT IS USED FOR THE CONTAINMENT , PROTECTION , HANDLING, DELIVERY, AND
474		-	PRESENTATION OF A PR ODUCT THAT IS SOLD , OFFERED FOR SALE , IMPORTED, OR
475		-	DISTRIBUTED IN THE STATE.
	436	+	[(iv)] (VI) To carry out the purposes of the land management 7
	437	+	administration. 8
476	438
477		-	(2) ~~“PACKAGING MATERIALS ” INCLUDES:~~
	439	+	(7) (I) THERE SHALL BE A SEPA RATE ACCOUNT WITHIN THE FUND. 9
478	440
479		-	(I) PRIMARY, SECONDARY , AND TERTIARY PACKAGI NG
480		-	INTENDED FOR THE CON SUMER MARKET ;
	441	+	(II) THE SEPARATE ACCOUNT SHALL CONSIST OF : 10
481	442
482		-	(II) SERVICE PACKAGING DES IGNED AND INTENDED T O BE
483		-	FILLED AT THE POINT OF SALE, INCLUDING:
	443	+	1. ANY FEES COLLECTED FR OM PRODUCER 11
	444	+	RESPONSIBILITY ORGAN IZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR 12
	445	+	SUBTITLE 25 OF THIS TITLE; AND 13
484	446
485		-	1. CARRY–OUT BAGS;
	447	+	2. ALL FINES AND PENALTI ES COLLECTED UNDER § 14
	448	+	9–2510 OF THIS TITLE. 15
486	449
487		-	2. BULK GOODS BAGS ; AND
	450	+	(III) THE SEPARATE ACCOUNT SHALL BE USED ONLY F OR THE 16
	451	+	COSTS OF THE STATEWI DE RECYCLING NEEDS A SSESSMENT CONDUCTED UNDER § 17
	452	+	9–1702.2 OF THIS SUBTITLE AND PRODUCER RESPONSIBIL ITY PLAN REVIEW , 18
	453	+	OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE. 19
488	454
489		-	~~3. TAKE–OUT AND HOME DELIVER Y FOOD SERVICE~~
490		-	~~PACKAGING; AND~~
	455	+	[(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 20
	456	+	same manner as other State money may be invested. 21
491	457
492		-	(III) BEVERAGE CONTAINERS .
	458	+	(ii) Any investment earnings of the Fund shall be credited to the 22
	459	+	General Fund of the State. 23
493	460
494		-	~~(3) “~~PACKAGING MATERIALS ~~” DOES NOT INCLUDE ANY INCLUDE:~~
	461	+	SUBTITLE 25. PRODUCER RESPONSIBILITY FOR PACKAGING MATERIALS. 24
495	462
496		-	(I) ANY PART OF A PACKAGE OR CONTAINER THAT IS SO LD OR
497		-	SUPPLIED IN CONNECTI ON WITH:
	463	+	9–2501. 25
498	464
499		-	(I) 1. A PESTICIDE PRODUCT RE GULATED BY THE FEDERAL
500		-	INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT UNDER 7 U.S.C. § 136 ET SEQ.
501		-	OR ANY OTHER APPLICA BLE FEDERAL LAW , RULE, OR REGULATION ;
	465	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 26
	466	+	INDICATED. 27
502	467
503		-	(II) ~~2. A FEDERALLY REGULATED DRUG,~~ ~~MEDICAL DEVICE ,~~
504		-	~~BIOLOGIC, OR DIAGNOSTIC,~~ ~~OR DIETARY SUPPLEMEN T INCLUDING ITEMS INTE NDED~~
505		-	~~FOR ANIMALS;~~ OR
	468	+	(B) “ADVISORY COUNCIL ” MEANS THE PRODUCER R ESPONSIBILITY PLAN 28
	469	+	ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 9–2503 OF THIS SUBTITLE. 29
	470	+	SENATE BILL 222 11
506	471
507		-	(III) 3. A MEDICAL PRODUCT THAT IS REQUIRED TO BE
508		-	STERILE OR ENCLOSED IN PACKAGING WITH TA MPER–RESISTANT SEALS TO
509		-	PROTECT PUBLIC HEALTH , INCLUDING MEDICAL PR ODUCTS INTENDED FOR
510		-	ANIMALS; OR Ch. 465 2023 LAWS OF MARYLAND
511	472
512		-	– 12 –
	473	+	(C) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE 1
	474	+	CONTAINER: 2
513	475
514		-	(II) LIQUEFIED PETROLEUM G AS CONTAINERS THAT A RE
515		-	DESIGNED TO BE REFIL LED.
	476	+	(1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL, 3
	477	+	CARTON, POUCH, OR ASEPTIC PACKAGING , SUCH AS A DRINK BOX , OR OF 4
	478	+	MULTIMATERIALS ; AND 5
516	479
517		-	(F) (H) (F) (1) “PRODUCER” MEANS A PERSON THAT IS RESPONSIBLE FOR
518		-	COMPLYING WITH THIS SUBTITLE UNDER § 9–2503 OF THIS SUBTITLE:
	480	+	(2) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS. 6
519	481
520		-	(I) WITH RESPECT TO PACKA GING MATERIALS USED TO
521		-	DIRECTLY PROTECT OR CONTAIN A PRODUCT SO LD, OFFERED FOR SALE , OR
522		-	DISTRIBUTED IN THE STATE:
	482	+	(D) (C) “LOCAL GOVERNMENT ” MEANS: 7
523	483
524		-	1. A. HAS LEGAL OWNERSHIP O F THE BRAND OF THE
525		-	PRODUCT UNDER WHICH THE PRODUCT IS SOLD; OR
	484	+	(1) A COUNTY; OR 8
526	485
527		-	B. IS THE MANUFACTURER O F THE PRODUCT , IF THE
528		-	PRODUCT IS SOLD IN P ACKAGING MATERIALS T HAT LACK IDENTIFICAT ION OF THE
529		-	BRAND;
	486	+	(2) A MUNICIPALITY. 9
530	487
531		-	2. IS THE LICENSEE OF TH E BRAND OR TRADEMARK
532		-	UNDER WHICH THE PROD UCT IS SOLD, WHETHER OR NOT THE T RADEMARK IS
533		-	REGISTERED IN THE STATE, IF THE PRODUCT IS MA NUFACTURED BY A PERS ON
534		-	OTHER THAN THE BRAND OWNERS; OR
	488	+	(D) “MATERIALS RECYCLING F ACILITY” MEANS A FACILITY THA T RECEIVES 10
	489	+	RECYCLABLE MATERIALS FOR MECHANICAL OR MA NUAL SORTING INTO 11
	490	+	SPECIFICATION–GRADE COMMODITIES FO R SALE TO A BROKER O R END MARKET . 12
535	491
536		-	3. IS THE PERSON THAT IM PORTS THE PRODUCT IN TO
537		-	THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT SELLS, OFFERS
538		-	FOR SALE, OR DISTRIBUTES THE I TEM IN THE STATE, IF THERE IS NO PERSO N
539		-	DESCRIBED IN SUBSUBP ARAGRAPHS 1 AND 2 OF THIS SUBPARAGRAPH ; AND
	492	+	(E) (D) “ORGANICS RECYCLING ” AND “ORGANICS RECYCLING F ACILITY” 13
	493	+	HAVE THE MEANINGS HAS THE MEANING STATED IN § 9–1701 OF THIS TITLE. 14
540	494
541		-	(II) ~~WITH RESPECT TO PACKA GING MATERIALS USED TO SHIP A~~
542		-	~~PRODUCT TO A CONSUME R~~ IN ~~THE~~ STATE~~, IS THE PERSON THAT P ACKAGES AND~~
543		-	~~SHIPS THE PRODUCT~~ .
	495	+	(F) “PACKAGING MATERIAL WA STE” MEANS THE PERCENTAGE OF THE 15
	496	+	TOTAL WEIGHT OF PACK AGING MATERIALS SOLD OR DISTRIBUTED IN TH E STATE 16
	497	+	THAT ARE NOT RECYCLE D, REUSED, OR COMPOSTED . 17
544	498
545		-	(2) “PRODUCER” DOES NOT INCLUDE :
	499	+	(E) (G) (E) (1) “PACKAGING MATERIALS ” MEANS, REGARDLESS OF 18
	500	+	RECYCLABILITY , ANY PART OF A PACKAG E OR CONTAINER , INCLUDING MATERIAL 19
	501	+	THAT IS USED FOR THE CONTAINMENT , PROTECTION , HANDLING, DELIVERY, AND 20
	502	+	PRESENTATION OF A PR ODUCT THAT IS SOLD , OFFERED FOR SALE , IMPORTED, OR 21
	503	+	DISTRIBUTED IN THE STATE. 22
546	504
547		-	(I) ~~A LOCAL GOVERNMENT ;~~
	505	+	(2) “PACKAGING MATERIALS ” INCLUDES: 23
548	506
549		-	(II) A NONPROFIT CHARITABLE ORGANIZATION ; OR
	507	+	(I) PRIMARY, SECONDARY , AND TERTIARY PACKAGI NG 24
	508	+	INTENDED FOR THE CON SUMER MARKET ; 25
550	509
551		-	(III) AN ENTITY THAT MANUFA CTURES A DRUG OR DEV ICE
552		-	AUTHORIZED FOR SALE BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE
553		-	FEDERAL FOOD, DRUG, AND COSMETIC ACT;
554		-	WES MOORE, Governor Ch. 465
	510	+	(II) SERVICE PACKAGING DES IGNED AND INTENDED T O BE 26
	511	+	FILLED AT THE POINT OF SALE, INCLUDING: 27
555	512
556		-	– 13 –
557		-	(IV) AN ENTITY THAT GENERA TED LESS THAN $5,000,000 IN
558		-	GROSS REVENUE DURING THE IMMEDIATELY PREC EDING CALENDAR YEAR ;
	513	+	1. CARRY–OUT BAGS; 28
559	514
560		-	(V) AN ENTITY THAT SOLD , OFFERED FOR SALE , OR
561		-	DISTRIBUTED FOR SALE IN THE STATE DURING THE IMME DIATELY PRECEDING
562		-	CALENDAR YEAR LESS T HAN 1 METRIC TON OF PACKAG ING MATERIALS;
	515	+	2. BULK GOODS BAGS ; AND 29
	516	+	12 SENATE BILL 222
563	517
564		-	(VI) 1. AN ENTITY THAT OWNS O R OPERATES A RESTAUR ANT,
565		-	FOOD CART, OR SIMILAR ESTAB LISHMENT THAT :
566	518
567		-	A. IS HEADQUARTERED IN T HE STATE; AND
	519	+	3. TAKE–OUT AND HOME DELIVER Y FOOD SERVICE 1
	520	+	PACKAGING; AND 2
568	521
569		-	B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD
570		-	THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE
571		-	NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND
	522	+	(III) BEVERAGE CONTAINERS . 3
572	523
573		-	~~2. IS~~ NOT ~~A PRODUCER OF FOOD SERVICEWARE ;~~
	524	+	(3) “PACKAGING MATERIALS ” DOES NOT INCLUDE ANY INCLUDE: 4
574	525
575		-	(~~VII~~) ~~AN ENTITY~~ THAT ~~OWNS O R OPERATES A SINGLE RETAIL~~
576		-	~~SALES ESTABLISHMENT THAT~~:
	526	+	(I) ANY PART OF A PACKAGE OR CONTAINER THAT IS SO LD OR 5
	527	+	SUPPLIED IN CONNECTI ON WITH: 6
577	528
578		-	1. HAS NO ONLINE SALES ; AND
	529	+	(I) 1. A PESTICIDE PRODUCT RE GULATED BY THE FEDERAL 7
	530	+	INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT UNDER 7 U.S.C. § 136 ET SEQ. 8
	531	+	OR ANY OTHER APPLICA BLE FEDERAL LAW , RULE, OR REGULATION ; 9
579	532
580		-	2. IS NOT SUPPLIED OR OP ERATED AS PART OF A
581		-	FRANCHISE OR A CHAIN ; OR
	533	+	(II) 2. A FEDERALLY REGULATED DRUG, MEDICAL DEVICE , 10
	534	+	BIOLOGIC, OR DIAGNOSTIC, OR DIETARY SUPPLEMEN T INCLUDING ITEMS INTE NDED 11
	535	+	FOR ANIMALS; OR 12
582	536
583		-	(VIII) 1. AN ENTITY THAT IS LICENSED UNDER TITLE 2 OF THE
584		-	ALCOHOLIC BEVERAGES ARTICLE; AND
	537	+	(III) 3. A MEDICAL PRODUCT THAT IS REQUIRED TO BE 13
	538	+	STERILE OR ENCLOSED IN PACKAGING WITH TA MPER–RESISTANT SEALS TO 14
	539	+	PROTECT PUBLIC HEALTH , INCLUDING MEDICAL PR ODUCTS INTENDED FOR 15
	540	+	ANIMALS; OR 16
585	541
586		-	~~2. GENERATED LESS THAN $10,000,000 IN GROSS~~
587		-	~~REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR ; OR~~
	542	+	(II) LIQUEFIED PETROLEUM G AS CONTAINERS THAT A RE 17
	543	+	DESIGNED TO BE REFIL LED. 18
588	544
589		-	(IX) AN ENTITY THAT HAS EX ECUTED AN AGREEMENT WITH
590		-	ANOTHER ENTITY , UNDER WHICH THE OTHER ENTI TY HAS AGREED TO ASS UME
591		-	RESPONSIBILITY UNDER A PRODUCER RESPONSIB ILITY PROGRAM FOR AN Y
592		-	PACKAGING MATERIALS ATTRIBUTABLE TO THE FIRST ENTITY.
	545	+	(F) (H) (F) (1) “PRODUCER” MEANS A PERSON THAT IS RESPONSIBLE FOR 19
	546	+	COMPLYING WITH THIS SUBTITLE UNDER § 9–2503 OF THIS SUBTITLE: 20
593	547
594		-	(G) (I) “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS:
	548	+	(I) WITH RESPECT TO PACKA GING MATERIALS USED TO 21
	549	+	DIRECTLY PROTECT OR CONTAIN A PRODUCT SO LD, OFFERED FOR SALE , OR 22
	550	+	DISTRIBUTED IN THE STATE: 23
595	551
596		-	(1) A PRODUCER THAT INDIVI DUALLY SUBMITS A PRODUCER
597		-	RESPONSIBILITY PLAN TO THE DEPARTMENT UNDER § 9–2504 OF THIS SUBTITLE ;
598		-	OR
599		-	Ch. 465 2023 LAWS OF MARYLAND
	552	+	1. A. HAS LEGAL OWNERSHIP O F THE BRAND OF THE 24
	553	+	PRODUCT UNDER WHICH THE PRODUCT IS SOLD; OR 25
600	554
601		-	~~– 14 –~~
602		-	~~(2) (G) A “PRODUCER~~ ~~RESPONSIBILI TY ORGANIZATION ” MEANS A~~
603		-	~~NONPROFIT ORGANIZATI ON THAT IS:~~
	555	+	B. IS THE MANUFACTURER O F THE PRODUCT , IF THE 26
	556	+	PRODUCT IS SOLD IN P ACKAGING MATERIALS T HAT LACK IDENTIFICAT ION OF THE 27
	557	+	BRAND; 28
604	558
605		-	(I) (1) EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE
606		-	INTERNAL REVENUE CODE; AND
	559	+	2. IS THE LICENSEE OF TH E BRAND OR TRADEMARK 29
	560	+	UNDER WHICH THE PROD UCT IS SOLD, WHETHER OR NOT THE T RADEMARK IS 30
	561	+	REGISTERED IN THE STATE, IF THE PRODUCT IS MA NUFACTURED BY A PERS ON 31
	562	+	OTHER THAN THE BRAND OWNERS; OR 32 SENATE BILL 222 13
607	563
608		-	(II) (2) CREATED BY A GROUP OF PRODUCERS TO
609		-	IMPLEMENT A PRODUCER RESPONSIBIL ITY PLAN IN ACCORDAN CE WITH § 9–2504(A)
610		-	OF THIS SUBTITLE REPRESENT THE INTERE STS OF PRODUCERS UND ER THIS
611		-	SUBTITLE.
612	564
613		-	(H) (J) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING
614		-	MATERIALS PRODUCER R ESPONSIBILITY PLAN S UBMITTED TO THE DEPARTMENT
615		-	BY A PRODUCER OR PRO DUCER RESPONSIBILITY ORGANIZATION IN ACCO RDANCE
616		-	WITH § 9–2504 OF THIS SUBTITLE.
617	565
618		-	9–2502.
	566	+	3. IS THE PERSON THAT IM PORTS THE PRODUCT IN TO 1
	567	+	THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT SELLS, OFFERS 2
	568	+	FOR SALE, OR DISTRIBUTES THE I TEM IN THE STATE, IF THERE IS NO PERSO N 3
	569	+	DESCRIBED IN SUBSUBP ARAGRAPHS 1 AND 2 OF THIS SUBPARAGRAPH ; AND 4
619	570
620		-	IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SU BTITLE PROVIDE
621		-	A FRAMEWORK FOR :
	571	+	(II) WITH RESPECT TO PACKA GING MATERIALS USED TO SHIP A 5
	572	+	PRODUCT TO A CONSUME R IN THE STATE, IS THE PERSON THAT P ACKAGES AND 6
	573	+	SHIPS THE PRODUCT . 7
622	574
623		-	(1) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS
624		-	IN THE STATE, INCLUDING BY FACILIT ATING:
	575	+	(2) “PRODUCER” DOES NOT INCLUDE : 8
625	576
626		-	(I) THE IMPROVEMENT OF RE USE, ORGANICS RECYCLING , AND
627		-	RECYCLING;
	577	+	(I) A LOCAL GOVERNMENT ; 9
628	578
629		-	(II) ~~THE IMPROVEMENT OF RE CYCLING MARKETS~~ ;
	579	+	(II) A NONPROFIT CHARITABLE ORGANIZATION ; OR 10
630	580
631		-	(III) THE REDUCTION OF WAST E; AND
	581	+	(III) AN ENTITY THAT MANUFA CTURES A DRUG OR DEV ICE 11
	582	+	AUTHORIZED FOR SALE BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE 12
	583	+	FEDERAL FOOD, DRUG, AND COSMETIC ACT; 13
632	584
633		-	(IV) AN INCREASE IN RECYCL ING RATES; AND
	585	+	(IV) AN ENTITY THAT GENERA TED LESS THAN $5,000,000 IN 14
	586	+	GROSS REVENUE DURING THE IMMEDIATELY PREC EDING CALENDAR YEAR ; 15
634	587
635		-	(2) REIMBURSING LOCAL GOV ERNMENTS FOR COSTS A SSOCIATED
636		-	WITH TRANSPORTING , COLLECTING, AND PROCESSING PACKA GING MATERIALS .
	588	+	(V) AN ENTITY THAT SOLD , OFFERED FOR SALE , OR 16
	589	+	DISTRIBUTED FOR SALE IN THE STATE DURING THE IMME DIATELY PRECEDING 17
	590	+	CALENDAR YEAR LESS T HAN 1 METRIC TON OF PACKAG ING MATERIALS; 18
637	591
638		-	9–2503.
	592	+	(VI) 1. AN ENTITY THAT OWNS O R OPERATES A RESTAUR ANT, 19
	593	+	FOOD CART, OR SIMILAR ESTAB LISHMENT THAT : 20
639	594
640		-	(A) (1) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD IN PACKAGING
641		-	MATERIALS AT A PHYSI CAL RETAIL LOCATION IN THE STATE.
	595	+	A. IS HEADQUARTERED IN T HE STATE; AND 21
642	596
643		-	(II) IF THE ITEM IS SOLD U NDER THE MANUFACTURE R’S OWN
644		-	BRAND OR IS SOLD IN PACKAGING MATERIALS THAT LACK IDENTIFICA TION OF A WES MOORE, Governor Ch. 465
	597	+	B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD 22
	598	+	THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE 23
	599	+	NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND 24
645	600
646		-	– 15 –
647		-	BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON THAT
648		-	MANUFACTURES THE ITE M.
	601	+	2. IS NOT A PRODUCER OF FOOD SERVICEWARE ; 25
649	602
650		-	(III) IF THE ITEM IS MANUFA CTURED BY A PERSON O THER THAN
651		-	THE BRAND OWNER , THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON
652		-	THAT IS THE LICENSEE OF A BRAND OR TRADEM ARK UNDER WHICH AN I TEM IS SOLD,
653		-	OFFERED FOR SA LE, OR DISTRIBUTED IN TH E STATE, WHETHER OR NOT THE
654		-	TRADEMARK IS REGISTE RED IN THE STATE.
	603	+	(VII) AN ENTITY THAT OWNS O R OPERATES A SINGLE RETAIL 26
	604	+	SALES ESTABLISHMENT THAT: 27
655	605
656		-	(IV) IF THERE IS NO PERSON DESCRIBED IN SUBPARA GRAPHS
657		-	(II) OR (III) OF THIS PARAGRAPH LO CATED WITHIN THE UNITED STATES, THE
658		-	PRODUCER OF THE PACK AGING MATERIALS I S THE PERSON THAT IM PORTS THE
659		-	ITEM INTO THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT
660		-	SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE I TEM IN THE STATE.
	606	+	1. HAS NO ONLINE SALES ; AND 28
	607	+	14 SENATE BILL 222
661	608
662		-	(2) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD OR
663		-	DISTRIBUTED IN PACKA GING MATERIALS IN TH E STATE THROUGH REMOTE S ALE OR
664		-	DISTRIBUTION.
665	609
666		-	(II) THE PRODUCER OF THE P ACKAGING MATERIALS U SED TO
667		-	DIRECTLY PROTECT OR CONTAIN THE ITEM IS THE SAME AS THE PROD UCER
668		-	ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION .
	610	+	2. IS NOT SUPPLIED OR OP ERATED AS PART OF A 1
	611	+	FRANCHISE OR A CHAIN ; OR 2
669	612
670		-	(III) THE PRODUCER OF THE P ACKAGING MATERIALS USED TO
671		-	SHIP THE ITEM TO A C ONSUMER IS THE PERSO N THAT PACKAGES AND SHIPS THE
672		-	ITEM TO THE CONSUMER .
	613	+	(VIII) 1. AN ENTITY THAT IS LICENSED UNDER TITLE 2 OF THE 3
	614	+	ALCOHOLIC BEVERAGES ARTICLE; AND 4
673	615
674		-	(IV) FOR ANY PACKAGING MAT ERIALS NOT IDENTIFIE D UNDER
675		-	SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , THE PRODUCER OF THE
676		-	PACKAGING MATERIALS IS THE PERSON THAT F IRST DISTRIBUTES THE PACKAGED
677		-	ITEM IN THE STATE.
	616	+	2. GENERATED LESS THAN $10,000,000 IN GROSS 5
	617	+	REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR ; OR 6
678	618
679		-	(B) THIS SUBTITLE DOES NO T APPLY TO A PERSON THAT:
	619	+	(IX) AN ENTITY THAT HAS EX ECUTED AN AGREEMENT WITH 7
	620	+	ANOTHER ENTITY , UNDER WHICH THE OTHER ENTI TY HAS AGREED TO ASS UME 8
	621	+	RESPONSIBILITY UNDER A PRODUCER RESPONSIB ILITY PROGRAM FOR AN Y 9
	622	+	PACKAGING MATERIALS ATTRIBUTABLE TO THE FIRST ENTITY. 10
680	623
681		-	(1) (I) GENERATED LESS THAN $5,000,000 IN GROSS REVENUE
682		-	DURING THE IMMEDIATE LY PRECEDING CALENDA R YEAR;
	624	+	(G) (I) “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS: 11
683	625
684		-	(II) ~~SOLD, OFFERED FOR SALE,~~ ~~OR DISTRIBUTED FOR S ALE IN~~
685		-	~~THE STATE DURING~~ THE ~~IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1~~
686		-	~~METRIC TON OF PACKAG ING MATERIALS ;~~
	626	+	(1) A PRODUCER THAT INDIVI DUALLY SUBMITS A PRODUCER 12
	627	+	RESPONSIBILITY PLAN TO THE DEPARTMENT UNDER § 9–2504 OF THIS SUBTITLE ; 13
	628	+	OR 14
687	629
688		-	(III) 1. OWNS OR OPERATES A RE STAURANT, FOOD CART, OR
689		-	SIMILAR ESTABLISHMEN T THAT:
690		-	Ch. 465 2023 LAWS OF MARYLAND
	630	+	(2) (G) A “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS A 15
	631	+	NONPROFIT ORGANIZATI ON THAT IS: 16
691	632
692		-	~~– 16 –~~
693		-	A. ~~IS HEADQUARTERED IN T HE STATE~~; AND
	633	+	(I) (1) EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE 17
	634	+	INTERNAL REVENUE CODE; AND 18
694	635
695		-	B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD
696		-	THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE
697		-	NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND
	636	+	(II) (2) CREATED BY A GROUP OF PRODUCERS TO 19
	637	+	IMPLEMENT A PRODUCER RESPONSIBIL ITY PLAN IN ACCORDAN CE WITH § 9–2504(A) 20
	638	+	OF THIS SUBTITLE REPRESENT THE INTERE STS OF PRODUCERS UND ER THIS 21
	639	+	SUBTITLE. 22
698	640
699		-	2. IS NOT A PRODUCER OF FOOD SERVICEWARE ;
	641	+	(H) (J) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING 23
	642	+	MATERIALS PRODUCER R ESPONSIBILITY PLAN S UBMITTED TO THE DEPARTMENT 24
	643	+	BY A PRODUCER OR PRO DUCER RESPONSIBILITY ORGANIZATION IN ACCO RDANCE 25
	644	+	WITH § 9–2504 OF THIS SUBTITLE. 26
700	645
701		-	(IV) OWNS OR OPERATES A SI NGLE RETAIL SALES
702		-	ESTABLISHMENT THAT :
	646	+	9–2502. 27
703	647
704		-	1. HAS NO ONLINE SALES ; AND
	648	+	IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SU BTITLE PROVIDE 28
	649	+	A FRAMEWORK FOR : 29
705	650
706		-	2. IS NOT SUPPLIED OR OP ERATED AS PART OF A
707		-	FRANCHISE OR A CHAIN ; OR
	651	+	(1) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS 30
	652	+	IN THE STATE, INCLUDING BY FACILIT ATING: 31
	653	+	SENATE BILL 222 15
708	654
709		-	(V) 1. IS LICENSED UNDER TITLE 2 OF THE ALCOHOLIC
710		-	BEVERAGES ARTICLE; AND
711	655
712		-	~~2. GENERATED LESS THAN $10~~,~~000~~,~~000 IN GROSS~~
713		-	~~REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR~~ ; ~~AND~~
	656	+	(I) THE IMPROVEMENT OF RE USE, ORGANICS RECYCLING , AND 1
	657	+	RECYCLING; 2
714	658
715		-	(2) ON REQUEST BY THE DEPARTMENT , PROVIDES TO THE
716		-	DEPARTMENT SUFFICIENT INFORMATION TO DEMON STRATE THAT THE PROD UCER
717		-	MEETS THE CONDITIONS OF THIS SECTION.
	659	+	(II) THE IMPROVEMENT OF RE CYCLING MARKETS ; 3
718	660
719		-	(C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF THE STATE OR A
720		-	LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAG ING
721		-	MATERIAL.
	661	+	(III) THE REDUCTION OF WAST E; AND 4
722	662
723		-	(D) THIS SUBTITLE DOES NO T PROHIBIT A PRODUCE R RESPONSIBILITY
724		-	ORGANIZATION FROM ES TABLISHING A DEPOSIT –RETURN SYSTEM AS ONE
725		-	STRATEGY FOR INCREAS ING THE CAPTURE AND RECYCLING OF BEVERAG E
726		-	CONTAINERS OR OTHER PACKAGING MATERIALS .
	663	+	(IV) AN INCREASE IN RECYCL ING RATES; AND 5
727	664
728		-	(D) THIS SUBTITLE MAY NOT BE CONSTRUED TO :
	665	+	(2) REIMBURSING LOCAL GOV ERNMENTS FOR COSTS A SSOCIATED 6
	666	+	WITH TRANSPORTING , COLLECTING, AND PROCESSING PACKA GING MATERIALS . 7
729	667
730		-	(1) PROHIBIT A LOCAL GOVE RNMENT OR ANY OTHER ENTITY FROM
731		-	SELLING RECYCLED MAT ERIALS OR COMPOST TO END MARKE TS AND RETAINING
732		-	THE REVENUES FROM TH OSE SALES;
733		-	WES MOORE, Governor Ch. 465
	668	+	9–2503. 8
734	669
735		-	– 17 –
736		-	(2) AFFECT THE AUTHORITY OF A PUBLICLY OR PRI VATELY OWNED
737		-	MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLING FACILITY T O
738		-	DETERMINE WHICH ENTI TIES MAY USE THE FAC ILITY; OR
	670	+	(A) (1) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD IN PACKAGING 9
	671	+	MATERIALS AT A PHYSI CAL RETAIL LOCATION IN THE STATE. 10
739	672
740		-	(3) ~~LIMIT~~ THE ~~ABILITY OF LOCAL GOVERNMENTS , MATERIALS~~
741		-	~~RECYCLING FACILITIES ,~~ OR ~~ORGANICS RECYCLIN G FACILITIES TO MAKE DECISIONS~~
742		-	~~ON RECYCLING INFRAST RUCTURE PURCHASES~~ , ~~INCLUDING PROCESSING~~
743		-	~~EQUIPMENT~~.
	673	+	(II) IF THE ITEM IS SOLD U NDER THE MANUFACTURE R’S OWN 11
	674	+	BRAND OR IS SOLD IN PACKAGING MATERIALS THAT LACK IDENTIFICA TION OF A 12
	675	+	BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON THAT 13
	676	+	MANUFACTURES THE ITE M. 14
744	677
745		-	9–2504.
	678	+	(III) IF THE ITEM IS MANUFA CTURED BY A PERSON O THER THAN 15
	679	+	THE BRAND OWNER , THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON 16
	680	+	THAT IS THE LICENSEE OF A BRAND OR TRADEM ARK UNDER WHICH AN I TEM IS SOLD, 17
	681	+	OFFERED FOR SA LE, OR DISTRIBUTED IN TH E STATE, WHETHER OR NOT THE 18
	682	+	TRADEMARK IS REGISTE RED IN THE STATE. 19
746	683
747		-	(A) (1) ON OR BEFORE JUNE 30, 2024, THE DEPARTMENT SHALL
748		-	APPROVE A SINGLE PRO DUCER RESPONSIBILITY ORGANIZATION TO FULF ILL THE
749		-	REQUIREMENTS OF THIS SUBSECTION.
	684	+	(IV) IF THERE IS NO PERSON DESCRIBED IN SUBPARA GRAPHS 20
	685	+	(II) OR (III) OF THIS PARAGRAPH LO CATED WITHIN THE UNITED STATES, THE 21
	686	+	PRODUCER OF THE PACK AGING MATERIALS I S THE PERSON THAT IM PORTS THE 22
	687	+	ITEM INTO THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT 23
	688	+	SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE I TEM IN THE STATE. 24
750	689
751		-	(2) (I) ~~BEGINNING JULY 1,~~ ~~2024, AND EACH YEAR THEREA FTER,~~ A
752		-	~~THE PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL FILE A REGISTRATI ON~~
753		-	~~FORM WITH THE DEPARTMEN T~~.
	690	+	(2) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD OR 25
	691	+	DISTRIBUTED IN PACKA GING MATERIALS IN TH E STATE THROUGH REMOTE SALE OR 26
	692	+	DISTRIBUTION. 27
754	693
755		-	(II) THE REGISTRATION FORM SHALL INCLUDE :
	694	+	(II) THE PRODUCER OF THE P ACKAGING MATERIALS U SED TO 28
	695	+	DIRECTLY PROTECT OR CONTAIN THE ITEM IS THE SAME AS THE PROD UCER 29
	696	+	ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION . 30
	697	+	16 SENATE BILL 222
756	698
757		-	1. A LIST OF THE RESPONSI BLE PARTIES PRODUCERS
758		-	PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ;
759	699
760		-	2. A LIST OF THE BRANDS O F EACH RESPONSIBLE P ARTY
761		-	PRODUCER PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ;
	700	+	(III) THE PRODUCER OF THE PACKAGING MATERIALS USED TO 1
	701	+	SHIP THE ITEM TO A C ONSUMER IS THE PERSO N THAT PACKAGES AND SHIPS THE 2
	702	+	ITEM TO THE CONSUMER . 3
762	703
763		-	3. A LIST OF THE COVERED MATERIALS OF EACH
764		-	RESPONSIBLE PARTY PRODUCER PARTICIPATING IN THE PRODUCER
765		-	RESPONSIBILITY ORGAN IZATION; AND
	704	+	(IV) FOR ANY PACKAGING MAT ERIALS NOT IDENTIFIE D UNDER 4
	705	+	SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , THE PRODUCER OF THE 5
	706	+	PACKAGING MATERIALS IS THE PER SON THAT FIRST DISTR IBUTES THE PACKAGED 6
	707	+	ITEM IN THE STATE. 7
766	708
767		-	4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION
768		-	OF A PERSON RESPONSIBLE FOR ENSURING THE PRODUCE R RESPONSIBILITY
769		-	ORGANIZATION ’S AND THE MEMBER RES PONSIBLE PARTIES ’ PRODUCERS ’
770		-	COMPLIANCE WITH THIS SUBTITLE.
	709	+	(B) THIS SUBTITLE DOES NO T APPLY TO A PERSON THAT: 8
771	710
772		-	(III) AT SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT
773		-	THE TIME OF FILING T HE REGISTRATION FORM , A THE PRODUCER RESPONSIBIL ITY
774		-	ORGANIZATION SHALL P AY TO THE DEPARTMENT AN ANNUAL REGISTRATION FEE
775		-	TO COVER THE COSTS O F RECORD KEEPING , NOT TO EXCEED $1,000.
	711	+	(1) (I) GENERATED LESS THAN $5,000,000 IN GROSS REVENUE 9
	712	+	DURING THE IMMEDIATE LY PRECEDING CALENDA R YEAR; 10
776	713
777		-	(IV) ~~AT THE TIME OF THE~~ IN ~~ITIAL SUBMISSION OF THE~~
778		-	~~REGISTRATION FORM BY A~~ THE ~~PRODUCER RESPONSIB ILITY ORGANIZATION , THE~~
779		-	~~ORGANIZATION SHALL H AVE 60 DAYS TO PAY TO THE DEPARTMENT THE ESTIMA TED Ch. 465 2023 LAWS~~ OF ~~MARYLAND~~
	714	+	(II) SOLD, OFFERED FOR SALE , OR DISTRIBUTED FOR S ALE IN 11
	715	+	THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1 12
	716	+	METRIC TON OF PACKAG ING MATERIALS ; 13
780	717
781		-	– 18 –
782		-	COST OF CONDUCTING T HE INITIAL STATEWIDE RECYCLING NEEDS ASSE SSMENT
783		-	REQUIRED UNDER § 9–1702.2 OF THIS TITLE.
	718	+	(III) 1. OWNS OR OPERATES A RE STAURANT, FOOD CART, OR 14
	719	+	SIMILAR ESTABLISHMEN T THAT: 15
784	720
785		-	(V) IF MORE THAN ONE PROD UCER RESPONSIBILITY
786		-	ORGANIZATION REGISTE RS WITH THE DEPARTMENT , THE DEPARTMENT SHALL
787		-	EQUALLY DIVIDE THE C OST OF THE STATEWIDE RECYCLING NEEDS ASSE SSMENT.
	721	+	A. IS HEADQUARTERED IN THE STATE; AND 16
788	722
789		-	~~(3) BEFORE ESTABLISHING A ND COLLECTING AN ANN~~ ~~UAL~~
790		-	~~REGISTRATION FEE UND ER PARAGRAPH (2)(III) OF THIS SUBSECTION ,~~ THE
791		-	~~DEPARTMENT SHALL :~~
	723	+	B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD 17
	724	+	THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE 18
	725	+	NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND 19
792	726
793		-	~~(I) PUBLISH~~ A ~~PROPOSED FE E ON ITS WEBSITE~~; ~~AND~~
	727	+	2. IS NOT A PRODUCER OF FOOD SERVICEWARE ; 20
794	728
795		-	(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT .
	729	+	(IV) OWNS OR OPERATES A SI NGLE RETAIL SALES 21
	730	+	ESTABLISHMENT THAT : 22
796	731
797		-	(4) (I) ON OR AFTER JULY 1, 2030, A NONPROFIT ORGANIZA TION
798		-	MAY REQUEST THAT THE DEPARTMENT DESIGNATE THE NONPROFIT
799		-	ORGANIZATION AS AN ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION.
	732	+	1. HAS NO ONLINE SALES ; AND 23
800	733
801		-	(II) THE DEPARTMENT MAY DESIGN ATE A NONPROFIT
802		-	ORGANIZATION AS AN A DDITIONAL PRODUCER R ESPONSIBILITY ORGANI ZATION IF
803		-	THE DEPARTMENT DETERMINES , IN COORDINATION WITH THE ADVISORY COUNCIL
804		-	ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE , THAT THE DESIGNATION OF THE
805		-	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION IS NECESSARY TO:
	734	+	2. IS NOT SUPPLIED OR OP ERATED AS PART OF A 24
	735	+	FRANCHISE OR A CHAIN ; OR 25
806	736
807		-	1. INCREASE RECYCLING RA TES; OR
	737	+	(V) 1. IS LICENSED UNDER TITLE 2 OF THE ALCOHOLIC 26
	738	+	BEVERAGES ARTICLE; AND 27
808	739
809		-	2. IMPROVE RECYCLING SER VICES FOR A SPECIFIC
810		-	TYPE OF PACKAGING MA TERIAL.
	740	+	2. GENERATED LESS THAN $10,000,000 IN GROSS 28
	741	+	REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR ; AND 29
	742	+	SENATE BILL 222 17
811	743
812		-	(III) IF THE DEPARTMENT APPROVES THE DESIGNATION OF AN
813		-	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION UNDER THIS
814		-	SUBSECTION, THE PRODUCER RESPONS IBILITY ORGANIZATION SHALL:
815	744
816		-	1. NOT LATER THAN 30 DAYS AFTER BEING APP ROVED
817		-	BY THE DEPARTMENT AND ON OR BEFORE JULY 1 EACH YEAR THEREAFTER , FILE A
818		-	REGISTRATION FORM WI TH THE DEPARTMENT CONTAINING THE INFORMATION
819		-	REQUIRED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION A ND PAY THE ANNUAL
820		-	REGISTRATION FEE DES CRIBED IN PARAGRAPH (2)(III) OF THIS SUBSECTION ; AND
	745	+	(2) ON REQUEST BY THE DEPARTMENT , PROVIDES TO THE 1
	746	+	DEPARTMENT SUFFICIENT INFORMATION TO DEMON STRATE THAT THE PROD UCER 2
	747	+	MEETS THE COND ITIONS OF THIS SECTI ON. 3
821	748
822		-	~~2. COORDINATE WITH~~ THE ~~PRODUCER RESPONS IBILITY~~
823		-	~~ORGANIZATION ESTABLI SHED UNDER PARAGRAPH (1)~~ OF ~~THIS SUBSECTION , THE~~
824		-	~~DEPARTMENT , AND LOCAL GOVERNMENT S TO ENSURE THAT : WES MOORE, Governor Ch~~. ~~465~~
	749	+	(C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF THE STATE OR A 4
	750	+	LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAG ING 5
	751	+	MATERIAL. 6
825	752
826		-	– 19 –
	753	+	(D) THIS SUBTITLE DOES NO T PROHIBIT A PRODUCE R RESPONSIBILITY 7
	754	+	ORGANIZATION FROM ES TABLISHING A DEPOSIT –RETURN SYSTEM AS ONE 8
	755	+	STRATEGY FOR INCREAS ING THE CAPTURE AND RECYCLING OF BEVERAG E 9
	756	+	CONTAINERS OR OTHER PACKAGING MATERIALS . 10
827	757
828		-	A. RECYCLING SERVICES FO R RESIDENTS OF THE STATE
829		-	ARE PROVIDED IN A SE AMLESS MANNER ; AND
	758	+	(D) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 11
830	759
831		-	B. PUBLIC OUTREACH, EDUCATION, AND
832		-	COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER.
	760	+	(1) PROHIBIT A LOCAL GOVE RNMENT OR ANY OTHER ENTITY FROM 12
	761	+	SELLING RECYCLED MATERIALS O R COMPOST TO END MAR KETS AND RETAINING 13
	762	+	THE REVENUES FROM TH OSE SALES; 14
833	763
834		-	(IV) THE PRODUCER RESPONSI BILITY ORGANIZATION
835		-	ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION A ND ANY ADDITIONAL
836		-	PRODUCER RESPONSIBIL ITY ORGANIZATIONS DE SIGNATED UNDER THIS
837		-	PARAGRAPH MAY CREATE A REPRESENTATIVE ORG ANIZATION TO REPRESE NT THE
838		-	PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE
839		-	REQUIREMENTS OF THIS SUBTITLE.
	764	+	(2) AFFECT THE AUTHORITY OF A PUBLICLY OR PRI VATELY OWNED 15
	765	+	MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLING FACILITY T O 16
	766	+	DETERMINE WHICH ENTI TIES MAY USE THE FAC ILITY; OR 17
840	767
841		-	(2) ~~(B) (I) (1) ON OR BEFORE APRIL 1~~, ~~2026, AND EVERY 5~~
842		-	~~YEARS THEREAFTER~~ , ~~EACH PRODUCER SHALL , INDIVIDUALLY~~ OR ~~AS P ART OF A~~
843		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION~~ , ~~SUBMIT A PRODUCER~~
844		-	~~RESPONSIBILITY PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL~~ .
	768	+	(3) LIMIT THE ABILITY OF LOCAL GOVERNMENTS , MATERIALS 18
	769	+	RECYCLING FACILITIES , OR ORGANICS RECYCLIN G FACILITIES TO MAKE DECISIONS 19
	770	+	ON RECYCLING INFRAST RUCTURE PURCHASES , INCLUDING PROCESSING 20
	771	+	EQUIPMENT. 21
845	772
846		-	(II) IF MORE THAN ONE PROD UCER RESPONSIBILITY
847		-	ORGANIZATION SUBMITS A PRODUCER RESPONSIB ILITY PLAN TO THE
848		-	DEPARTMENT :
	773	+	9–2504. 22
849	774
850		-	1. THE ~~PRODUCER RESPONSI BILITY ORGANIZATIONS~~
851		-	~~SHALL COORDINATE WIT H~~ THE ~~DEPARTMENT AND LOCAL GOVERNMENTS TO~~
852		-	~~ENSURE THAT :~~
	775	+	(A) (1) ON OR BEFORE JUNE 30, 2024, THE DEPARTMENT SHALL 23
	776	+	APPROVE A SINGLE PRO DUCER RESPONSIBILITY ORGANIZATION TO FULF ILL THE 24
	777	+	REQUIREMENTS OF THIS SUBSECTION. 25
853	778
854		-	A. RECYCLING SERVICES FO R RESIDENTS IN THE STATE
855		-	ARE PROVIDED IN A SE AMLESS MANNER ; AND
	779	+	(2) (I) BEGINNING JULY 1, 2024, AND EACH YEAR THEREA FTER, A 26
	780	+	THE PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL FILE A REGISTRATI ON 27
	781	+	FORM WITH THE DEPARTMENT . 28
856	782
857		-	B. PUBLIC OUTREACH , EDUCATION, AND
858		-	COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER; AND
	783	+	(II) THE REGISTRATION FORM SHALL INCLUDE : 29
859	784
860		-	2. THE PRODUCER RESPONSI BILITY ORGANIZATIONS
861		-	MAY CREATE A REPRESE NTATIVE ORGANIZATION TO REPRESENT ALL
862		-	PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE
863		-	REQUIREMENTS OF THIS SUBTITLE.
	785	+	1. A LIST OF THE RESPONSI BLE PARTIES PRODUCERS 30
	786	+	PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 31
	787	+	18 SENATE BILL 222
864	788
865		-	(III) (2) BEFORE SUBMITTING THE PLAN REQUIRED UNDER
866		-	THIS SUBSECTION TO T HE DEPARTMENT , A PRODUCER OR PRODUC ER
867		-	RESPONSIBILITY ORGAN IZATION SHALL:
868	789
869		-	1. ~~(I) CONSULT WITH~~ THE ~~ADVI~~ ~~SORY COUNCIL~~
870		-	~~ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE~~; ~~AND Ch. 465 2023 LAWS OF MARYLAND~~
	790	+	2. A LIST OF THE BRANDS O F EACH RESPONSIBLE P ARTY 1
	791	+	PRODUCER PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 2
871	792
872		-	– 20 –
	793	+	3. A LIST OF THE COVERED MATERIALS OF EACH 3
	794	+	RESPONSIBLE PARTY PRODUCER PARTICIPATING IN THE PRODUCER 4
	795	+	RESPONSIBILITY ORGAN IZATION; AND 5
873	796
874		-	2. (II) CONSIDER THE WRITTEN RECOMMENDATIONS OF
875		-	THE ADVISORY COUNCIL PROVIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND
876		-	RESPOND IN WRITING T O THE ADVISORY COUNC IL.
	797	+	4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION 6
	798	+	OF A PERSON RESPONSIBLE FOR ENSURING THE PRODUCE R RESPONSIBILITY 7
	799	+	ORGANIZATION ’S AND THE MEMBER RES PONSIBLE PARTIES ’ PRODUCERS ’ 8
	800	+	COMPLIANCE WITH THIS SUBTITLE. 9
877	801
878		-	(3) (I) ON EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
879		-	PARAGRAPH , ON OR AFTER A DATE ESTA BLISHED IN REGULATIO NS ADOPTED BY THE
880		-	DEPARTMENT UNDER § 9–2509 OF THIS SUBTITLE , A PRODUCER MAY NOT S ELL,
881		-	OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION PACKA GING
882		-	MATERIALS FOR USE IN THE STATE UNLESS THE PRODUCER , INDIVIDUALLY OR AS
883		-	PART OF A PRODUCER R ESPONSIBILITY ORGANI ZATION, HAS AN APPROVED
884		-	PRODUCER RESPONSIBIL ITY PLAN ON FILE WIT H THE DEPARTMENT .
	802	+	(III) AT SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT 10
	803	+	THE TIME OF FILING T HE REGISTRATION FORM , A THE PRODUCER RESPONSIBIL ITY 11
	804	+	ORGANIZATION SHALL P AY TO THE DEPARTMENT AN ANNUAL REGISTRATION FEE 12
	805	+	TO COVER THE COSTS O F RECORD KEEPING , NOT TO EXCEED $1,000. 13
885	806
886		-	(II) A PRODUCER IS NOT REQU IRED TO SUBMIT A PRO DUCER
887		-	RESPONSIBILITY PLAN TO THE DEPARTMENT , INDIVIDUALLY OR AS PART OF A
888		-	PRODUCER RESPONSIBIL ITY ORGANIZATION , IF ANOTHER PERSON HA S AGREED TO
889		-	ASSUME RESPONSIBILIT Y UNDER THIS SUBTITL E FOR ANY PACKAGING MATERIAL
890		-	SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN OR INTO THE STATE BY THAT
891		-	PRODUCER.
	807	+	(IV) AT THE TIME OF THE IN ITIAL SUBMISSION OF THE 14
	808	+	REGISTRATION FORM BY A THE PRODUCER RESPONSIB ILITY ORGANIZATION , THE 15
	809	+	ORGANIZATION SHALL H AVE 60 DAYS TO PAY TO THE DEPARTMENT THE ESTIMA TED 16
	810	+	COST OF CONDUCTING T HE INITIAL STATEWIDE RECYCLING NEEDS ASSE SSMENT 17
	811	+	REQUIRED UNDER § 9–1702.2 OF THIS TITLE. 18
892	812
893		-	(B) (C) A PRODUCER RESPONSIBIL ITY PLAN SHALL:
	813	+	(V) IF MORE THAN ONE PROD UCER RESPONSIBILITY 19
	814	+	ORGANIZATION REGISTE RS WITH THE DEPARTMENT , THE DEPARTMENT SHALL 20
	815	+	EQUALLY DIVIDE THE C OST OF THE STATEWIDE RECYCLING NEEDS ASSE SSMENT. 21
894	816
895		-	(1) ~~IDENTIFY THE PRODUCER S COVERED BY THE PLA N,~~ ~~INCLUDING~~
896		-	~~THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND~~ THE
897		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION ;~~
	817	+	(3) BEFORE ESTABLISHING A ND COLLECTING AN ANN UAL 22
	818	+	REGISTRATION FEE UND ER PARAGRAPH (2)(III) OF THIS SUBSECTION , THE 23
	819	+	DEPARTMENT SHALL : 24
898	820
899		-	(2) IDENTIFY EACH BRAND O F PACKAGING MATERIAL S COVERED BY
900		-	THE PLAN;
	821	+	(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND 25
901	822
902		-	(3) REQUIRE, IN ACCORDANCE WITH S UBSECTION (C) (D) OF THIS
903		-	SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST
904		-	VERSION OF THE PLAN IS APPROVED AND ESTA BLISH THE FOLLOWING
905		-	PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING MATERIAL T YPE:
	823	+	(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 26
906	824
907		-	(I) POSTCONSUMER RECYCLED CONTENT GOALS ;
	825	+	(4) (I) ON OR AFTER JULY 1, 2030, A NONPROFIT ORGANIZA TION 27
	826	+	MAY REQUEST THAT THE DEPARTMENT DESIGNATE THE NONPROFIT 28
	827	+	ORGANIZATION AS AN ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION. 29
908	828
909		-	(II) RECYCLABILITY AND REC YCLING RATE GOALS ;
	829	+	(II) THE DEPARTMENT MAY DESIGN ATE A NONPROFIT 30
	830	+	ORGANIZATION AS AN A DDITIONAL PRODUCER R ESPONSIBILITY ORGANI ZATION IF 31
	831	+	THE DEPARTMENT DETERMINES , IN COORDINATION WITH THE ADVISORY COUNCIL 32
	832	+	ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE , THAT THE DESIGNATION OF THE 33
	833	+	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION IS NECESSARY TO: 34 SENATE BILL 222 19
910	834
911		-	(III) REUSE GOALS;
912	835
913		-	(IV) PACKAGING REDUCTION G OALS;
914		-	WES MOORE, Governor Ch. 465
915	836
916		-	– 21 –
917		-	(V) COMPOST ACCESS OR COM POST RATE GOALS , IF
918		-	APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ;
	837	+	1. INCREASE RECYCLING RA TES; OR 1
919	838
920		-	(VI) CONTAMINATION REDUCTI ON RATE GOALS ;
	839	+	2. IMPROVE RECYCLING SER VICES FOR A SPECIFIC 2
	840	+	TYPE OF PACKAGING MA TERIAL. 3
921	841
922		-	(VII) GREENHOUSE GAS REDUCT ION GOALS; AND
	842	+	(III) IF THE DEPARTMENT APPROVES T HE DESIGNATION OF AN 4
	843	+	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION UNDER THIS 5
	844	+	SUBSECTION, THE PRODUCER RESPONS IBILITY ORGANIZATION SHALL: 6
923	845
924		-	(VIII) ANY OTHER GOAL THAT R EDUCES PACKAGING MAT ERIAL
925		-	WASTE AND IS JUSTIFI ED IN THE PLAN;
	846	+	1. NOT LATER THAN 30 DAYS AFTER BEING APP ROVED 7
	847	+	BY THE DEPARTMENT AND ON OR BEFORE JULY 1 EACH YEAR THEREAFTER , FILE A 8
	848	+	REGISTRATION FORM WI TH THE DEPARTMENT CONTAINING THE INFORMATION 9
	849	+	REQUIRED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION A ND PAY THE ANNUAL 10
	850	+	REGISTRATION FEE DES CRIBED IN PARAGRAPH (2)(III) OF THIS SUBSECTION ; AND 11
926	851
927		-	(4) REQUIRE EACH PARTICIP ATING PRODUCER PRODUCERS TO
928		-	REDUCE ALL PACKAGING MATERIAL WASTE TO TH E MAXIMUM EXTENT
929		-	PRACTICABLE , AND BY NOT LESS THAN 25% FOR EACH PACKAGING M ATERIAL TYPE,
930		-	WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST V ERSION OF THE PLAN I S
931		-	APPROVED;
	852	+	2. COORDINATE WITH THE PRODUCER RE SPONSIBILITY 12
	853	+	ORGANIZATION ESTABLI SHED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 13
	854	+	DEPARTMENT , AND LOCAL GOVERNMENT S TO ENSURE THAT : 14
932	855
933		-	~~(5) DESCRIBE,~~ ~~IN ACCORDANCE WITH S UBSECTION (D) (E)~~ OF ~~THIS~~
934		-	~~SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE PLAN~~ ;
	856	+	A. RECYCLING SERVICES FO R RESIDENTS OF THE STATE 15
	857	+	ARE PROVIDED IN A SE AMLESS MANNER ; AND 16
935	858
936		-	~~(6) DESCRIBE HOW THE PERF ORMANCE GOALS ESTABL ISHED UNDER~~
937		-	~~ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED;~~
	859	+	B. PUBLIC OUTREACH , EDUCATION, AND 17
	860	+	COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER. 18
938	861
939		-	(7) DESCRIBE HOW STAKEHOL DER COMMENTS WERE CO NSIDERED IN
940		-	THE DEVELOPMENT OF T HE PLAN;
	862	+	(IV) THE PRODUCER RESPONSI BILITY ORGANIZATION 19
	863	+	ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION A ND ANY ADDITIONAL 20
	864	+	PRODUCER RESPONSIBIL ITY ORGANIZATIONS DE SIGNATED UNDER T HIS 21
	865	+	PARAGRAPH MAY CREATE A REPRESENTATIVE ORG ANIZATION TO REPRESE NT THE 22
	866	+	PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE 23
	867	+	REQUIREMENTS OF THIS SUBTITLE. 24
941	868
942		-	(8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E
943		-	IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED;
	869	+	(2) (B) (I) (1) ON OR BEFORE APRIL 1, 2026, AND EVERY 5 25
	870	+	YEARS THEREAFTER , EACH PRODUCER SHALL , INDIVIDUALLY OR AS P ART OF A 26
	871	+	PRODUCER RESPONSIBIL ITY ORGANIZATION , SUBMIT A PRODUCER 27
	872	+	RESPONSIBILITY PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL . 28
944	873
945		-	(9) ~~DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG~~
946		-	~~MATERIALS IN~~ THE ~~STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN~~
947		-	~~WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUCT DESIG N AND~~
948		-	~~PROGRAM INNOVATIONS ;~~
	874	+	(II) IF MORE THAN ONE PROD UCER RESPONSIBILITY 29
	875	+	ORGANIZATION SUBMITS A PRODUCER RESPONSIB ILITY PLAN TO THE 30
	876	+	DEPARTMENT : 31
	877	+	20 SENATE BILL 222
949	878
950		-	(10) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN FOR
951		-	PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT
952		-	THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL:
953	879
954		-	(I) PROMOTE THE RESPONSIB LE END–OF–LIFE MANAGEMENT
955		-	OF PACKAGING MATERIA LS;
	880	+	1. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 1
	881	+	SHALL COORDINATE WIT H THE DEPARTMENT AND LOCAL GOVERNMENTS TO 2
	882	+	ENSURE THAT : 3
956	883
957		-	(II) PROVIDE INFORMATION O N HOW TO PREVENT LIT TER OF
958		-	PACKAGING MATERIALS ;
959		-	Ch. 465 2023 LAWS OF MARYLAND
	884	+	A. RECYCLING SERVICES FO R RESIDENTS IN THE STATE 4
	885	+	ARE PROVIDED IN A SE AMLESS MANNER ; AND 5
960	886
961		-	– 22 –
962		-	(III) PROVIDE RECYCLING AND ORGANICS RECYCLI NG
963		-	INSTRUCTIONS THAT AR E, TO THE EXTENT PRACTI CABLE:
	887	+	B. PUBLIC OUTREACH , EDUCATION, AND 6
	888	+	COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER; AND 7
964	889
965		-	1. CONSISTENT STATEWIDE , TAKING INTO ACCOUNT
966		-	DIFFERENCES AMONG LO CAL LAWS AND PROCESS ING CAPABILITIES;
	890	+	2. THE PRODUCER RESPONSI BILITY ORGANIZATIONS 8
	891	+	MAY CREATE A REPRESE NTATIVE ORGANIZATION TO REPRESENT ALL 9
	892	+	PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE 10
	893	+	REQUIREMENTS OF THIS SUBTITLE. 11
967	894
968		-	2. EASY TO UNDERSTAND ; AND
	895	+	(III) (2) BEFORE SUBMITTING THE PLAN REQUIRED UNDER 12
	896	+	THIS SUBSECTION TO T HE DEPARTMENT , A PRODUCER OR PRODUC ER 13
	897	+	RESPONSIBILITY ORGAN IZATION SHALL: 14
969	898
970		-	3. EASILY ACCESSIBLE ; AND
	899	+	1. (I) CONSULT WITH THE ADVI SORY COUNCIL 15
	900	+	ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE; AND 16
971	901
972		-	(IV) PROVIDE FOR OUTREACH AND EDUCATION THAT A RE:
	902	+	2. (II) CONSIDER THE WRITTEN RECOMMENDATIONS OF 17
	903	+	THE ADVISORY COUNCIL PROVIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND 18
	904	+	RESPOND IN WRITING T O THE ADVISORY COUNC IL. 19
973	905
974		-	1. DESIGNED TO ACHIEVE P ACKAGING MATERIALS
975		-	MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF
976		-	CONTAMINATION OF PAC KAGING MATERIALS ;
	906	+	(3) (I) ON EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 20
	907	+	PARAGRAPH , ON OR AFTER A DATE ESTA BLISHED IN REGULATIO NS ADOPTED BY THE 21
	908	+	DEPARTMENT UNDER § 9–2509 OF THIS SUBTITLE , A PRODUCER MAY NOT S ELL, 22
	909	+	OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION PACKA GING 23
	910	+	MATERIALS FOR USE IN THE STATE UNLESS THE PRODUCER , INDIVIDUALLY OR AS 24
	911	+	PART OF A PRODUCER R ESPONSIBILITY ORGANI ZATION, HAS AN APPROVED 25
	912	+	PRODUCER RESPONSIBIL ITY PLAN ON FILE WIT H THE DEPARTMENT . 26
977	913
978		-	2. COORDINATED ACROSS PR OGRAMS TO AVOID
979		-	CONFUSION FOR CO NSUMERS; AND
	914	+	(II) A PRODUCER IS NOT REQU IRED TO SUBMIT A PRO DUCER 27
	915	+	RESPONSIBILITY PLAN TO THE DEPARTMENT , INDIVIDUALLY OR AS PART OF A 28
	916	+	PRODUCER RESPONSIBIL ITY ORGANIZATION , IF ANOTHER PERSON HA S AGREED TO 29
	917	+	ASSUME RESPONSIBILIT Y UNDER THIS SUBTITL E FOR ANY PACKAGING MATERIAL 30
	918	+	SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN OR INTO THE STATE BY THAT 31
	919	+	PRODUCER. 32
980	920
981		-	~~3. DEVELOPED IN CONSULTA TION WITH LOCAL~~
982		-	~~GOVERNMENTS AND OTHE R STAKEHOLDERS ;~~
	921	+	(B) (C) A PRODUCER RESPONSIBIL ITY PLAN SHALL: 33
	922	+	SENATE BILL 222 21
983	923
984		-	(11) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) (F) OF THIS
985		-	SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING REUSE ,
986		-	ORGANICS RECYCLING , AND RECYCLING IN THE STATE;
987	924
988		-	(12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY
989		-	REQUEST REIMBURSEMEN T FOR COSTS ASSOCIAT ED WITH TRANSPORTING ,
990		-	COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDENTIFIED IN
991		-	THE PLAN, INCLUDING:
	925	+	(1) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, INCLUDING 1
	926	+	THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND THE 2
	927	+	PRODUCER RESPONSIBIL ITY ORGANIZATION ; 3
992	928
993		-	(I) THE PROCESS BY WHICH THE REQUEST WILL BE REVIEWED;
	929	+	(2) IDENTIFY EACH BRAND O F PACKAGING MATERIAL S COVERED BY 4
	930	+	THE PLAN; 5
994	931
995		-	(II) THE PROCESS FOR APPRO VING OR DENYING A RE QUEST
996		-	FOR REIMBURSEMENT ;
	932	+	(3) REQUIRE, IN ACCORDANCE WITH S UBSECTION (C) (D) OF THIS 6
	933	+	SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 7
	934	+	VERSION OF THE PLAN IS APPROVED AND ESTA BLISH THE FOLLOWING 8
	935	+	PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING MATERIAL T YPE: 9
997	936
998		-	(III) THE SCHEDULE FOR PROV IDING REIMBURSEMENT THAT
999		-	INCLUDES REIMBURSEME NT ON AT LEAST A QUA RTERLY BASIS; AND
	937	+	(I) POSTCONSUMER RECYCLED CONTENT GOALS ; 10
1000	938
1001		-	(IV) THE PROCESS FOR PROVI DING REIMBURSEMENT F OR
1002		-	MULTIPLE BRANDS OF P ACKAGING MATERIALS ;
	939	+	(II) RECYCLABILITY AND REC YCLING RATE GOALS ; 11
1003	940
1004		-	(13) (I) PROVIDE THE WRITTEN R ECOMMENDATIONS FROM THE
1005		-	ADVISORY COUNCIL PRO VIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND THE WES MOORE, Governor Ch. 465
	941	+	(III) REUSE GOALS; 12
1006	942
1007		-	– 23 –
1008		-	PRODUCER RESPONSIBIL ITY ORGAN IZATION’S WRITTEN RESPONSE T O THE
1009		-	ADVISORY COUNCIL ; AND
	943	+	(IV) PACKAGING REDUCTION G OALS; 13
1010	944
1011		-	(II) DESCRIBE HOW THE WRIT TEN RECOMMENDATIONS FROM
1012		-	THE ADVISORY COUNCIL WERE CONSIDERED AND ADDRESSED IN THE
1013		-	DEVELOPMENT OF THE P LAN; AND
	945	+	(V) COMPOST ACCESS OR COM POST RATE GOALS , IF 14
	946	+	APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ; 15
1014	947
1015		-	(14) INCLUDE ANY OTHER INF ORMATION THAT IS REQ UIRED BY THE
1016		-	DEPARTMENT .
	948	+	(VI) CONTAMINATION REDUCTI ON RATE GOALS ; 16
1017	949
1018		-	(C) (D) BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS
1019		-	ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN
1020		-	COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION , SHALL
1021		-	ESTABLISH PERFORMANC E GOALS FOR EACH PAC KAGING MATERIAL TYPE USING A
1022		-	BASELINE YEAR THAT I S INFORMED BY THE ST ATEWIDE RECYCLING NE EDS
1023		-	ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GO ALS FOR EACH
1024		-	PACKAGING MATERIAL T YPE, AT 5–, 10–, AND 15–YEAR INTERVALS .
	950	+	(VII) GREENHOUSE GAS REDUCT ION GOALS; AND 17
1025	951
1026		-	(D) (E) (1) THE FINANCING METHOD THAT WILL BE USED BY A
1027		-	PRODUCER RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODUCER
1028		-	RESPONSIBILITY PLAN SHALL:
	952	+	(VIII) ANY OTHER GOAL THAT R EDUCES PACKAGING MAT ERIAL 18
	953	+	WASTE AND IS JUSTIFI ED IN THE PLAN; 19
1029	954
1030		-	(I) PROVIDE THE METHOD FO R EITHER DIRECT INVE STMENTS
1031		-	OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , ORGANICS
1032		-	RECYCLING, AND RECYCL ING IN ACCORDANCE WI TH SUBSECTION (B)(11) (C)(11) OF
1033		-	THIS SECTION;
	955	+	(4) REQUIRE EACH PARTICIP ATING PRODUCER PRODUCERS TO 20
	956	+	REDUCE ALL PACKAGING MATERIAL WASTE TO TH E MAXIMUM EXTENT 21
	957	+	PRACTICABLE , AND BY NOT LESS THAN 25% FOR EACH PACKAGING M ATERIAL TYPE, 22
	958	+	WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST V ERSION OF THE PLAN I S 23
	959	+	APPROVED; 24
1034	960
1035		-	(II) PROVIDE SUBJECT TO PARAGRAPH (2) OF THIS
1036		-	SUBSECTION, PROVIDE A REASONABLE ANNUAL RATE PER TON OF RECY CLED OR
1037		-	COMPOSTED PACKAGING MATERIALS FOR REIMBU RSING LOCAL GOVERNME NTS
1038		-	FOR COSTS ASSOCIATED WIT H:
	961	+	(5) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (D) (E) OF THIS 25
	962	+	SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE PLAN ; 26
1039	963
1040		-	~~1. UP TO 50% OF~~ THE ~~COST OF COLLE CTING PACKAGING~~
1041		-	~~MATERIALS THAT ARE I DENTIFIED IN THE PLA N~~;
	964	+	(6) DESCRIBE HOW THE PERF ORMANCE GOALS ESTABL ISHED UNDER 27
	965	+	ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED; 28
1042	966
1043		-	2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE
1044		-	PACKAGING MATERIALS TO A RECYCLING OR MATERIALS RECYCLING FACILITY OR
1045		-	AN ORGANICS RECYCLING F ACILITY;
	967	+	(7) DESCRIBE HOW STAKEHOL DER COMMENTS WERE CO NSIDERED IN 29
	968	+	THE DEVELOPMENT OF T HE PLAN; 30 22 SENATE BILL 222
1046	969
1047		-	3. PROCESSING PACKAGING MATERIALS, INCLUDING
1048		-	REMOVING CONTAMINATI ON; AND
1049	970
1050		-	4. RECYCLING PACKAGING M ATERIALS THAT ARE
1051		-	DIVERTED TO BE RECYC LED OR COMPOSTED IN THE STATE CONVERTING Ch. 465 2023 LAWS OF MARYLAND
1052	971
1053		-	– 24 –
1054		-	PACKAGING MATERIALS THAT ARE DIVERTED TO BE RECYCLED OR COMPO STED
1055		-	INTO COMMODITY MATER IALS;
	972	+	(8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E 1
	973	+	IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED; 2
1056	974
1057		-	(III) ESTABLISH SUBJECT TO PARAGRAPH (3) OF THIS
1058		-	SUBSECTION, ESTABLISH A FEE STRUCTURE FOR PARTICIPATING PRODUC ERS THAT
1059		-	IS SET IN A MANNER T O COVER COSTS ASSOCI ATED WITH:
	975	+	(9) DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG 3
	976	+	MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN 4
	977	+	WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUCT DESIG N AND 5
	978	+	PROGRAM INNOVATIONS ; 6
1060	979
1061		-	1. IMPLEMENTING THE PLAN, INCLUDING THE
1062		-	ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N;
	980	+	(10) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN FOR 7
	981	+	PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT 8
	982	+	THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL: 9
1063	983
1064		-	~~2. REIMBURSING LOCAL GOV ERNMENTS FOR COSTS I N~~
1065		-	~~ACCORDANCE WITH ITEM (II)~~ OF ~~THIS PARAGRAPH~~ ;
	984	+	(I) PROMOTE THE RESPONSIB LE END–OF–LIFE MANAGEMENT 10
	985	+	OF PACKAGING MATERIA LS; 11
1066	986
1067		-	~~3. THE ADMINISTRATION , REVIEW,~~ ~~OVERSIGHT, AND~~
1068		-	~~ENFORCEMENT OF THE P LAN BY THE DEPARTMENT~~ ;
	987	+	(II) PROVIDE INFORMATION O N HOW TO PREVENT LIT TER OF 12
	988	+	PACKAGING MATERIALS ; 13
1069	989
1070		-	4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR
1071		-	REDUCING PACKAGING M ATERIALS IN ACCORDAN CE WITH SUBSECTION (B)(9) (C)(9)
1072		-	OF THIS SECTION; AND
	990	+	(III) PROVIDE RECYCLING AND ORGANICS RECYCLI NG 14
	991	+	INSTRUCTIONS THAT AR E, TO THE EXTENT PRACTI CABLE: 15
1073	992
1074		-	5. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR
1075		-	IMPROVING REUSE , ORGANICS RECYCLING , AND RECYCLING IN THE STATE IN
1076		-	ACCORDANCE WITH SUBS ECTION (B)(11) (C)(11) OF THIS SECTION;
	993	+	1. CONSISTENT STATEWIDE , TAKING INTO ACCOUNT 16
	994	+	DIFFERENCES AMONG LO CAL LAWS AND PROCESS ING CAPABILITIES; 17
1077	995
1078		-	(IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE
1079		-	PARTICIPATING PRODUC ERS TO ENGAGE IN WAS TE REDUCTION AND REC YCLING
1080		-	ACTIVITIES; AND
	996	+	2. EASY TO UNDERSTAND ; AND 18
1081	997
1082		-	2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE
1083		-	DESIGNS OR PRACTICES THAT INCREASE THE CO ST OF MANAGING PACKA GING
1084		-	MATERIALS;
	998	+	3. EASILY ACCESSIBLE ; AND 19
1085	999
1086		-	(V) BE EVALUATED BY AN IN DEPENDENT FINANCIAL AUDITOR,
1087		-	AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THAT THE C OSTS OF
1088		-	IMPLEMENTING THE PLA N ARE COVERED ; AND
	1000	+	(IV) PROVIDE FOR OUTREACH AND EDUCATION THAT A RE: 20
1089	1001
1090		-	(VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE
1091		-	DEPARTMENT BY REGULAT ION.
	1002	+	1. DESIGNED TO ACHIEVE P ACKAGING MATERIALS 21
	1003	+	MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF 22
	1004	+	CONTAMINATION OF PAC KAGING MATERIALS ; 23
1092	1005
1093		-	(2~~) THE REIMBURSEMENT RAT E ESTABLISHED UNDER PARAGRAPH~~
1094		-	~~(1)(II) OF THIS SUBSECTION S HALL BE:~~
	1006	+	2. COORDINATED ACROSS PR OGRAMS TO AVOID 24
	1007	+	CONFUSION FOR CO NSUMERS; AND 25
1095	1008
1096		-	(I) BASED ON: WES MOORE, Governor Ch. 465
	1009	+	3. DEVELOPED IN CONSULTA TION WITH LOCAL 26
	1010	+	GOVERNMENTS AND OTHE R STAKEHOLDERS ; 27
1097	1011
1098		-	– 25 –
	1012	+	(11) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) (F) OF THIS 28
	1013	+	SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING REUSE , 29
	1014	+	ORGANICS RECYCLING , AND RECYCLING IN THE STATE; 30 SENATE BILL 222 23
1099	1015
1100		-	1. THE POPULATION SIZE O F A LOCAL JURISDICTI ON;
1101	1016
1102		-	2. THE DISTANCE TO THE NEAR EST RECYCLING OR
1103		-	ORGANICS RELEVANT MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLIN G
1104		-	FACILITY;
1105	1017
1106		-	3. THE COMMODITY VALUE O F RECYCLED PACKAGING
1107		-	MATERIALS; AND
	1018	+	(12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY 1
	1019	+	REQUEST REIMBURSEMEN T FOR COSTS ASSOCIAT ED WITH TRANSPORTING , 2
	1020	+	COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDENTIFIED IN 3
	1021	+	THE PLAN, INCLUDING: 4
1108	1022
1109		-	4. ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS
1110		-	DETERMINED BY THE DEPARTMENT ; AND
	1023	+	(I) THE PROCESS BY WHICH THE REQUEST WILL BE REVIEWED; 5
1111	1024
1112		-	(II) DISCOUNTED EQUIVALENT TO THE ESTIMATED ANN UAL
1113		-	VOLUME OF PACKAGING MATERIALS SOLD IN TH E STATE TO BY A PERSON THAT IS
1114		-	EXEMPT FROM THE REQU IREMENTS OF THIS SUB TITLE UNDER § 9–2503(B) OF THIS
1115		-	SUBTITLE.
	1025	+	(II) THE PROCESS FOR APPRO VING OR DENYING A RE QUEST 6
	1026	+	FOR REIMBURSEMENT ; 7
1116	1027
1117		-	(3) (I) BEFORE ESTABLISHING THE FEE STRUCTURE FO R
1118		-	PARTICIPATING PRODUC ERS UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION , THE
1119		-	PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL:
	1028	+	(III) THE SCHEDULE FOR PROV IDING REIMBURSEMENT THAT 8
	1029	+	INCLUDES REIMBURSEME NT ON AT LEAST A QUA RTERLY BASIS; AND 9
1120	1030
1121		-	1. PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND
	1031	+	(IV) THE PROCESS FOR PROVI DING REIMBURSEMENT F OR 10
	1032	+	MULTIPLE BRANDS OF P ACKAGING MATERIALS ; 11
1122	1033
1123		-	2. ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT .
	1034	+	(13) (I) PROVIDE THE WRITTEN R ECOMMENDATIONS FROM THE 12
	1035	+	ADVISORY COUNCIL PRO VIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND THE 13
	1036	+	PRODUCER RESPONSIBIL ITY ORGAN IZATION’S WRITTEN RESPONSE T O THE 14
	1037	+	ADVISORY COUNCIL ; AND 15
1124	1038
1125		-	(II) THE FEE STRUCTURE ESTABLIS HED UNDER PARAGRAPH
1126		-	(1)(III) OF THIS SUBSECTION S HALL BE VARIABLE BAS ED ON:
	1039	+	(II) DESCRIBE HOW THE WRIT TEN RECOMMENDATIONS FROM 16
	1040	+	THE ADVISORY COUNCIL WERE CONSIDERED AND ADDRESSED IN THE 17
	1041	+	DEVELOPMENT OF THE P LAN; AND 18
1127	1042
1128		-	(I) ~~1. COSTS ASSOCIATED WITH TRANSPORTING ,~~
1129		-	~~COLLECTING, AND PROCESSING PACKA GING MATERIALS ;~~
	1043	+	(14) INCLUDE ANY OTHER INF ORMATION THAT IS REQ UIRED BY THE 19
	1044	+	DEPARTMENT . 20
1130	1045
1131		-	(II) 2. AN ECO–MODULATION OF FEES , INCLUDING
1132		-	ESTABLISHING :
	1046	+	(C) (D) BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 21
	1047	+	ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN 22
	1048	+	COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION , SHALL 23
	1049	+	ESTABLISH PERFORMANC E GOALS FOR EACH PAC KAGING MATERIAL TYPE USING A 24
	1050	+	BASELINE YEAR THAT I S INFORMED BY THE ST ATEWIDE RECYCLING NE EDS 25
	1051	+	ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GO ALS FOR EACH 26
	1052	+	PACKAGING MATERIAL T YPE, AT 5–, 10–, AND 15–YEAR INTERVALS . 27
1133	1053
1134		-	1. A. A HIGHER FEE FOR PACKA GING MATERIALS
1135		-	WITH LOW RECYCLABILITY OR RECYCLED CONTENT ; AND
	1054	+	(D) (E) (1) THE FINANCING METHOD THAT WILL BE USED BY A 28
	1055	+	PRODUCER RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODUCER 29
	1056	+	RESPONSIBILITY PLAN SHALL: 30
1136	1057
1137		-	~~2. B.~~ ~~A DISCOUNTED FEE FOR P~~ ~~ACKAGING~~
1138		-	~~MATERIALS WITH HIGH RECYCLABIL ITY~~ OR ~~RECYCLED CONT ENT;~~ ~~AND~~
	1058	+	(I) PROVIDE THE METHOD FO R EITHER DIRECT INVE STMENTS 31
	1059	+	OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , ORGANICS 32 24 SENATE BILL 222
1139	1060
1140		-	(III) 3. ANY OTHER FACTOR , AS DETERMINED BY THE
1141		-	DEPARTMENT .
1142		-	Ch. 465 2023 LAWS OF MARYLAND
1143	1061
1144		-	– 26 –
1145		-	(4) (I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL
1146		-	RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN AC COUNT.
	1062	+	RECYCLING, AND RECYCL ING IN ACCORDANCE WI TH SUBSECTION (B)(11) (C)(11) OF 1
	1063	+	THIS SECTION; 2
1147	1064
1148		-	(II) THE DEPARTMENT MAY REQUES T AT ANY TIME AN AUD IT OF
1149		-	THE FINANCIAL RECORD S OF A PRODUCER RESP ONSIBILITY ORGANIZATION .
	1065	+	(II) PROVIDE SUBJECT TO PARAGRAPH (2) OF THIS 3
	1066	+	SUBSECTION, PROVIDE A REASONABLE ANNUAL RATE PER TON OF RECY CLED OR 4
	1067	+	COMPOSTED PACKAGING MATERIALS FOR REIMBU RSING LOCAL GOVERNME NTS 5
	1068	+	FOR COSTS ASSOCIATED WIT H: 6
1150	1069
1151		-	(E) (F) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE,
1152		-	ORGANICS RECYCLING , AND RECYCLING SHALL INCLUDE INVESTMENT I N MARKET
1153		-	DEVELOPMENT AND EXIS TING AND FUTURE REUS E, ORGANICS RECYCLING , AND
1154		-	RECYCLING INFRASTRUC TURE, GIVING PRIORITY TO INVESTMENT IN EXISTI NG
1155		-	INFRASTRUCTURE , INCLUDING:
	1070	+	1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING 7
	1071	+	MATERIALS THAT ARE I DENTIFIED IN THE PLA N; 8
1156	1072
1157		-	~~(1) INSTALLING~~ OR ~~UPGRADI NG EQUIPMENT TO IMPR OVE THE~~
1158		-	~~SORTING OF~~ PACKAGING MATERIALS ~~AT EXISTIN G SORTING AND PROCES SING~~
1159		-	~~FACILITIES~~;
	1073	+	2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE 9
	1074	+	PACKAGING MATERIALS TO A RECYCLING OR MATERIALS RECYCLING FACILITY OR 10
	1075	+	AN ORGANICS RECYCLING F ACILITY; 11
1160	1076
1161		-	~~(2) MITIGATING THE IMPACT S OF~~ PACKAGING ~~MATER IALS ON OTHER~~
1162		-	~~COMMODITI ES AT EXISTING SORTI NG AND PROCESSING FA CILITIES~~; AND
	1077	+	3. PROCESSING PACKAGING MATERIALS, INCLUDING 12
	1078	+	REMOVING CONTAMINATI ON; AND 13
1163	1079
1164		-	(3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT,
1165		-	AND FACILITIES, BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS
1166		-	ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE.
	1080	+	4. RECYCLING PACKAGING M ATERIALS THAT ARE 14
	1081	+	DIVERTED TO BE RECYC LED OR COMPOSTED IN THE STATE CONVERTING 15
	1082	+	PACKAGING MATERIALS THAT ARE DIVERTED TO BE RECYCLED OR COMPO STED 16
	1083	+	INTO COMMODITY MATER IALS; 17
1167	1084
1168		-	(F) (G) THE DEPARTMENT SHALL REVI EW:
	1085	+	(III) ESTABLISH SUBJECT TO PARAGRAPH (3) OF THIS 18
	1086	+	SUBSECTION, ESTABLISH A FEE STRUCTURE FOR PARTICIPATING PRODUC ERS THAT 19
	1087	+	IS SET IN A MANNER T O COVER COSTS ASSOCI ATED WITH: 20
1169	1088
1170		-	(1) THE ~~PRODUCER RESPONSI BILITY PLAN REQUIRED UNDER~~
1171		-	~~SUBSECTION (A)~~ OF ~~THIS SECTION~~; ~~AND~~
	1089	+	1. IMPLEMENTING THE PLAN, INCLUDING THE 21
	1090	+	ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N; 22
1172	1091
1173		-	(2) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL AUDITOR
1174		-	DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF
1175		-	THE PRODUCE R RESPONSIBILITY PLA N UNDER SUBSECTION (D)(1)(V) (E)(1)(V) OF
1176		-	THIS SECTION.
	1092	+	2. REIMBURSING LOCAL GOV ERNMENTS FOR COSTS I N 23
	1093	+	ACCORDANCE WITH ITEM (II) OF THIS PARAGRAPH ; 24
1177	1094
1178		-	(G) (H) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED
1179		-	PRODUCER RESPONSIBIL ITY PLAN, THE DEPARTMENT SHALL APPR OVE, APPROVE
1180		-	WITH CONDITIONS , OR REJECT THE PLAN .
	1095	+	3. THE ADMINISTRATION , REVIEW, OVERSIGHT, AND 25
	1096	+	ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ; 26
1181	1097
1182		-	(2) IN MAKING A DETERMINATION UNDER PARAGRAPH (1) OF THIS
1183		-	SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER :
	1098	+	4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 27
	1099	+	REDUCING PACKAGING M ATERIALS IN ACCORDAN CE WITH SUBSECTION (B)(9) (C)(9) 28
	1100	+	OF THIS SECTION; AND 29
1184	1101
1185		-	(I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH
1186		-	THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING
1187		-	METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND WES MOORE, Governor Ch. 465
	1102	+	5. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 30
	1103	+	IMPROVING REUSE , ORGANICS RECYCLING , AND RECYCLING IN THE STATE IN 31
	1104	+	ACCORDANCE WITH SUBS ECTION (B)(11) (C)(11) OF THIS SECTION; 32
	1105	+	SENATE BILL 222 25
1188	1106
1189		-	– 27 –
1190	1107
1191		-	(II) THE ~~PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED~~
1192		-	~~SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS,~~ IN
1193		-	~~DEVELOPING THE PLAN .~~
	1108	+	(IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE 1
	1109	+	PARTICIPATING PRODUC ERS TO ENGAGE IN WAS TE REDUCTION AND REC YCLING 2
	1110	+	ACTIVITIES; AND 3
1194	1111
1195		-	~~(3) NOT LATER THAN 60 DAYS AFTER~~ THE ~~DATE A PRODUCER~~
1196		-	~~RESPONSIBILITY PLAN IS INITIALLY APPROVED UNDER THIS SECTION,~~ ~~A PRODUCER~~
1197		-	~~RESPONSIBILITY ORGAN IZATION SHALL PAY TO THE DEPARTMENT :~~
	1112	+	2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE 4
	1113	+	DESIGNS OR PRACTICES THAT INCREASE THE CO ST OF MANAGING PACKA GING 5
	1114	+	MATERIALS; 6
1198	1115
1199		-	(I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; AND
	1116	+	(V) BE EVALUATED BY AN IN DEPENDENT FINANCIAL AUDITOR, 7
	1117	+	AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THAT THE C OSTS OF 8
	1118	+	IMPLEMENTING THE PLA N ARE COVERED ; AND 9
1200	1119
1201		-	(II) THE DEPARTMENT ’S ESTIMATED COSTS OF
1202		-	ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITIAL
1203		-	DATE OF APPROVAL AND THE DATE OF THE INIT IAL ANNUAL REPORT RE QUIRED
1204		-	UNDER § 9–2507 OF THIS SUBTITLE.
	1120	+	(VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE 10
	1121	+	DEPARTMENT BY REGULAT ION. 11
1205	1122
1206		-	(H) (I) WITHIN 6 MONTHS AFTER THE DAT E A PRODUCER
1207		-	RESPONSIBILITY PLAN IS APPROVED UNDER TH IS SECTION, A PRODUCER
1208		-	RESPONSIBILITY ORGANIZATION SHALL I MPLEMENT THE PLAN .
	1123	+	(2) THE REIMBURSEMENT RAT E ESTABLISHED UNDER PARAGRAPH 12
	1124	+	(1)(II) OF THIS SUBSECTION S HALL BE: 13
1209	1125
1210		-	(I) (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
1211		-	AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER
1212		-	RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS.
	1126	+	(I) BASED ON: 14
1213	1127
1214		-	(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINUE AFTER 5
1215		-	YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE
1216		-	DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE.
	1128	+	1. THE POPULATION SIZE O F A LOCAL JURISDICTI ON; 15
1217	1129
1218		-	(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PROD UCER
1219		-	RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE.
	1130	+	2. THE DISTANCE TO THE NEAREST R ECYCLING OR 16
	1131	+	ORGANICS RELEVANT MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLIN G 17
	1132	+	FACILITY; 18
1220	1133
1221		-	(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PROD UCER
1222		-	RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE
1223		-	PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONS IBILITY ORGANIZATION
1224		-	MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN
1225		-	ACCORDANCE WITH THIS SU BTITLE.
	1134	+	3. THE COMMODITY VALUE O F RECYCLED PACKAGING 19
	1135	+	MATERIALS; AND 20
1226	1136
1227		-	(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507
1228		-	OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION
1229		-	(B)(3) (C)(3) OF THIS SECTION HAVE NOT BEEN ACHIEVED , THE DEPARTMENT MAY :
	1137	+	4. ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS 21
	1138	+	DETERMINED BY THE DEPARTMENT ; AND 22
1230	1139
1231		-	(I) REQUIRE THAT A PRODUCER RESPONSIB ILITY
1232		-	ORGANIZATION AMEND T HE PRODUCER RESPONSI BILITY PLAN; AND
1233		-	Ch. 465 2023 LAWS OF MARYLAND
	1140	+	(II) DISCOUNTED EQUIVALENT TO THE ESTIMATED ANN UAL 23
	1141	+	VOLUME OF PACKAGING MATERIALS SOLD IN TH E STATE TO BY A PERSON THAT IS 24
	1142	+	EXEMPT FROM THE REQU IREMENTS OF THIS SUB TITLE UNDER § 9–2503(B) OF THIS 25
	1143	+	SUBTITLE. 26
1234	1144
1235		-	– 28 –
1236		-	(II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRO DUCER
1237		-	RESPONSIBILITY ORGAN IZATION IN ACCORDANC E WITH § 9–2510(C) OF THIS
1238		-	SUBTITLE.
	1145	+	(3) (I) BEFORE ESTABLISHING THE FEE STRUCTURE FO R 27
	1146	+	PARTICIPATING PRODUC ERS UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION , THE 28
	1147	+	PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL: 29
1239	1148
1240		-	(6) IF THE DEPARTMENT REQUIRES A PRODUCER RESPONSIBILITY
1241		-	ORGANIZATION TO AMEN D THE PRODUCER RESPO NSIBILITY PLAN UNDER
1242		-	PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER RESPONS IBILITY
1243		-	ORGANIZATION MUST CO VER THE COST OF THE DEPARTMENT ’S REVIEW AND
1244		-	SUPPLEMENTAL WORK ON THE PLAN.
	1149	+	1. PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND 30
1245	1150
1246		-	~~9–2505~~.
	1151	+	2. ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 31 26 SENATE BILL 222
1247	1152
1248		-	9–2502.
1249	1153
1250		-	ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL APPR OVE A
1251		-	SINGLE PRODUCER RESP ONSIBILITY ORGANIZAT ION TO REPRESENT THE INTERESTS
1252		-	OF PRODUCERS UNDER T HIS SUBTITLE.
1253	1154
1254		-	9–2503.
	1155	+	(II) THE FEE STRUCTURE ESTABLIS HED UNDER PARAGRAPH 1
	1156	+	(1)(III) OF THIS SUBSECTION S HALL BE VARIABLE BAS ED ON: 2
1255	1157
1256		-	(A) THERE IS A PRODUCER R ESPONSIBILITY PLAN ADVISORY COUNCIL .
	1158	+	(I) 1. COSTS ASSOCIATED WITH TRANSPORTING , 3
	1159	+	COLLECTING, AND PROCESSING PACKA GING MATERIALS ; 4
1257	1160
1258		-	(B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO PROVIDE ADVICE TO
1259		-	THE DEPARTMENT AND PRODUC ER RESPONSIBILITY OR GANIZATIONS FOR
1260		-	DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS
1261		-	AND MAKE RECOMMENDAT IONS REGARDING ESTAB LISHING AND IMPLEMEN TING A
1262		-	PRODUCER RESPONSIBILI TY PROGRAM IN THE STATE FOR PACKAGING M ATERIALS.
	1161	+	(II) 2. AN ECO–MODULATION OF FEES , INCLUDING 5
	1162	+	ESTABLISHING : 6
1263	1163
1264		-	(C) (1) THE ADVISORY COUNCIL SHALL CONSIST OF UP TO 21 MEMBERS,
1265		-	APPOINTED BY THE SECRETARY SECRETARY, REPRESENTING A BROAD RANGE OF
1266		-	INTERESTED STAKEHOLD ERS APPOINTED BY THE SECRETARY, INCLUDING:
	1164	+	1. A. A HIGHER FEE FOR PACKA GING MATERIALS 7
	1165	+	WITH LOW RECYCLABILITY OR RECYCLED CONTENT ; AND 8
1267	1166
1268		-	~~(I) REPRESENTATIVES FROM THE FOLLOWING INDUST RIES OR~~
1269		-	~~ENTITIES IN THE STATE:~~
	1167	+	2. B. A DISCOUNTED FEE FOR P ACKAGING 9
	1168	+	MATERIALS WITH HIGH RECYCLABIL ITY OR RECYCLED CONT ENT; AND 10
1270	1169
1271		-	1. ~~LOCAL GOVERNMENT AGEN CIES RESPONSIBLE FOR~~
1272		-	~~RECYCLING PROGRAMS ;~~
	1170	+	(III) 3. ANY OTHER FACTOR , AS DETERMINED BY THE 11
	1171	+	DEPARTMENT . 12
1273	1172
1274		-	~~2. RECYCLABLES AND COMPO STABLE MATERIALS~~
1275		-	~~COLLECTORS FROM BOTH THE PUBLIC AND PRIVATE SECT ORS;~~
	1173	+	(4) (I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL 13
	1174	+	RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN AC COUNT. 14
1276	1175
1277		-	~~3. RECYCLING PROCESSORS FROM BOTH~~ THE ~~PUBLIC~~
1278		-	~~AND PRIVATE SECTORS ;~~ ~~WES MOORE,~~ ~~Governor Ch~~. ~~465~~
	1176	+	(II) THE DEPARTMENT MAY REQUES T AT ANY TIME AN AUD IT OF 15
	1177	+	THE FINANCIAL RECORD S OF A PRODUCER RESP ONSIBILITY ORGANIZAT ION. 16
1279	1178
1280		-	– 29 –
	1179	+	(E) (F) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE, 17
	1180	+	ORGANICS RECYCLING , AND RECYCLING SHALL INCLUDE INVESTMENT I N MARKET 18
	1181	+	DEVELOPMENT AND EXIS TING AND FUTURE REUS E, ORGANICS RECYCLING , AND 19
	1182	+	RECYCLING INFRASTRUC TURE, GIVING PRIORITY TO I NVESTMENT IN EXISTING 20
	1183	+	INFRASTRUCTURE , INCLUDING: 21
1281	1184
1282		-	4. ORGANICS RECYCLING PR OCESSORS;
	1185	+	(1) INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE THE 22
	1186	+	SORTING OF PACKAGING MATERIALS AT EXISTIN G SORTING AND PROCES SING 23
	1187	+	FACILITIES; 24
1283	1188
1284		-	5. THE ~~PRODUCERS FROM THE CONSUMER GOODS~~
1285		-	~~SECTOR~~;
	1189	+	(2) MITIGATING THE IMPACT S OF PACKAGING MATER IALS ON OTHER 25
	1190	+	COMMODITIES AT EXIS TING SORTING AND PRO CESSING FACILITIES ; AND 26
1286	1191
1287		-	6. RETAIL AND SMALL BUSI NESSES; AND
	1192	+	(3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT, 27
	1193	+	AND FACILITIES, BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS 28
	1194	+	ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE. 29
1288	1195
1289		-	7. MATERIAL–ORIENTED TRADE GROUP S;
	1196	+	(F) (G) THE DEPARTMENT SHALL REVIEW: 30
	1197	+	SENATE BILL 222 27
1290	1198
1291		-	(II) A REPRESENTATIVE FROM EACH THE PRODUCER
1292		-	RESPONSIBILITY ORGAN IZATION APPROVED BY THE DEPARTMENT UNDER § 9–2502
1293		-	OF THIS SUBTITLE;
1294	1199
1295		-	(~~III~~) ~~REPRESENTATIVES OF AT LEAST TWO NONPROFIT~~
1296		-	~~ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCING W ASTE~~;
	1200	+	(1) THE PRODUCER RESPONSI BILITY PLAN REQUIRED UNDER 1
	1201	+	SUBSECTION (A) OF THIS SECTION; AND 2
1297	1202
1298		-	(IV) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL
1299		-	ADVOCACY ORGANIZATIO N;
	1203	+	(2) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL AUDITOR 3
	1204	+	DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF 4
	1205	+	THE PRODUCER RESPONS IBILITY PLAN UNDER SUBSECTIO N (D)(1)(V) (E)(1)(V) OF 5
	1206	+	THIS SECTION. 6
1300	1207
1301		-	(V) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRONMENTAL
1302		-	JUSTICE ADVOCACY ORGANIZATIO N THAT ADVOCATES ON BE HALF OF
1303		-	OVERBURDENED OR UNDE RSERVED COMMUNITIES , AS DEFINED IN § 1–701 OF THIS
1304		-	ARTICLE; AND
	1208	+	(G) (H) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED 7
	1209	+	PRODUCER RESPONSIBIL ITY PLAN, THE DEPARTMENT SHALL APPR OVE, APPROVE 8
	1210	+	WITH CONDITIONS , OR REJECT THE PLAN . 9
1305	1211
1306		-	(VI) ~~AT LEAST TWO MEMBERS~~ OF ~~THE PUBLIC WHO RE SIDE IN~~
1307		-	THE ~~STATE.~~
	1212	+	(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 10
	1213	+	SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER : 11
1308	1214
1309		-	(2) ~~IN APPOINTING MEMBERS TO~~ THE ~~ADVISORY COUN CIL,~~ ~~THE~~
1310		-	~~SECRETARY SHALL~~ , ~~TO THE EXTENT PRACTI CABLE,~~ ~~ENSURE THAT THE~~
1311		-	~~MEMBERSHIP~~ OF THE ~~AD VISORY COUNCIL REPRE SENTS:~~
	1215	+	(I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH 12
	1216	+	THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 13
	1217	+	METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND 14
1312	1218
1313		-	(I) ALL GEOGRAPHIC REGION S OF THE STATE;
	1219	+	(II) THE PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED 15
	1220	+	SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN 16
	1221	+	DEVELOPING THE PLAN . 17
1314	1222
1315		-	(II) LARGE AND SMALL COUNT IES AND MUNICIPALITI ES; AND
	1223	+	(3) NOT LATER THAN 60 DAYS AFTER THE DATE A PRODUCER 18
	1224	+	RESPONSIBILITY PLAN IS INITIALLY APPROVE D UNDER THIS SECTION, A PRODUCER 19
	1225	+	RESPONSIBILITY ORGAN IZATION SHALL PAY TO THE DEPARTMENT : 20
1316	1226
1317		-	(III) THE VARIABILITY IN HO W WASTE AND RECYCLAB LE AND
1318		-	COMPOSTABLE MATERIAL S ARE COLLECTED AND PROCESSED IN THE STATE.
	1227	+	(I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; AND 21
1319	1228
1320		-	(3) ~~A REPRESENTATIVE F ROM A PRODUCER OR A PRODUCER~~
1321		-	~~RESPONSIBILITY ORGAN IZATION MAY NOT SERV E AS A VOTING MEMBER OR AS~~
1322		-	~~COCHAIR~~ OF THE ~~ADVIS ORY COUNCIL.~~
1323		-	~~Ch. 465 2023 LAWS~~ OF ~~MARYLAND~~
	1229	+	(II) THE DEPARTMENT ’S ESTIMATED COSTS OF 22
	1230	+	ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITI AL 23
	1231	+	DATE OF APPROVAL AND THE D ATE OF THE INITIAL A NNUAL REPORT REQUIRE D 24
	1232	+	UNDER § 9–2507 OF THIS SUBTITLE. 25
1324	1233
1325		-	~~– 30 –~~
1326		-	~~(4) (I) THE TERM OF~~ A ~~MEMBER IS 4 YEARS AND A MEMBER M AY BE~~
1327		-	~~REAPPOINTED~~ .
	1234	+	(H) (I) WITHIN 6 MONTHS AFTER THE DAT E A PRODUCER 26
	1235	+	RESPONSIBILITY PLAN IS APPROVED UNDER TH IS SECTION, A PRODUCER 27
	1236	+	RESPONSIBILITY ORGAN IZATION SHALL IMPLEM ENT THE PLAN. 28
1328	1237
1329		-	(II) THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY
1330		-	THE TERMS PROVIDED F OR MEMBERS OF THE AD VISORY COUNCIL ON OCTOBER 1,
1331		-	2023.
	1238	+	(I) (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 29
	1239	+	AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER 30
	1240	+	RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS. 31
	1241	+	28 SENATE BILL 222
1332	1242
1333		-	(III) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE
1334		-	UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES.
1335	1243
1336		-	(IV) A ~~MEMBER WHO IS APPOIN TED~~ AFTER ~~A TERM HAS BEGUN~~
1337		-	~~SERVES ONLY FOR~~ THE ~~REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED~~
1338		-	~~AND QUALIFIES~~.
	1244	+	(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINU E AFTER 5 1
	1245	+	YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE 2
	1246	+	DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 3
1339	1247
1340		-	(D) ~~FROM AMONG~~ THE ~~ADVISO RY COUNCIL MEMBERS , THE SECRETARY~~
1341		-	~~SHALL DESIGNATE TWO REPRESENTATIVES TO S ERVE AS COCHAIRS~~ .
	1248	+	(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PROD UCER 4
	1249	+	RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE. 5
1342	1250
1343		-	(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE ADVISORY COUNCIL .
	1251	+	(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PRODUC ER 6
	1252	+	RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 7
	1253	+	PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONS IBILITY ORGANIZATION 8
	1254	+	MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN 9
	1255	+	ACCORDANCE WITH THIS SUBTITLE. 10
1344	1256
1345		-	(F) A MEMBER OF THE ADVISO RY COUNCIL:
	1257	+	(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 11
	1258	+	OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION 12
	1259	+	(B)(3) (C)(3) OF THIS SECTION HAVE NOT BEEN ACHIEVED , THE DEPARTMENT MAY : 13
1346	1260
1347		-	(1) ~~MAY NOT RECEIVE COMPE NSATION AS~~ A ~~MEMBER OF THE~~
1348		-	~~ADVISORY COUNCIL~~ ; ~~BUT~~
	1261	+	(I) REQUIRE THAT A PRODUC ER RESPONSIBILITY 14
	1262	+	ORGANIZATION AMEND T HE PRODUCER RESPONSI BILITY PLAN; AND 15
1349	1263
1350		-	(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
1351		-	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
	1264	+	(II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRO DUCER 16
	1265	+	RESPONSIBILITY ORGAN IZATION IN ACCORDANC E WITH § 9–2510(C) OF THIS 17
	1266	+	SUBTITLE. 18
1352	1267
1353		-	(F) (G) THE ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY THE
1354		-	REQUEST OF THE SECRETARY.
	1268	+	(6) IF THE DEPARTMENT REQUIRES A PRODUCER RESPONSIBIL ITY 19
	1269	+	ORGANIZATION TO AMEND THE PRODUCER RESPONSIBIL ITY PLAN UNDER 20
	1270	+	PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER RESPONS IBILITY 21
	1271	+	ORGANIZATION MUST CO VER THE COST OF THE DEPARTMENT ’S REVIEW AND 22
	1272	+	SUPPLEMENTAL WORK ON THE PLAN. 23
1355	1273
1356		-	(G) (H) (1) THE ADVISORY COUNCIL SHALL: EVALUATE AND MAKE
1357		-	RECOMMENDATIONS , INCLUDING LEGISLATIV E RECOMMENDATIONS , ON HOW TO
1358		-	EFFECTIVELY ESTABLIS H AND IMPLEMENT A PRODUCER RESPONSIBILITY PROGR AM
1359		-	IN THE STATE FOR PACKAGING M ATERIALS.
	1274	+	9–2505. 24
1360	1275
1361		-	(2) IN MAKING RECOMMENDAT IONS UNDER PARAGRAPH (1) OF THIS
1362		-	SUBSECTION, THE ADVISORY COUNCIL SHALL INCLUDE RECOMM ENDATIONS
1363		-	REGARDING THE RESPON SIBILITIES OF PRODUC ERS UNDER A PRODUCER
1364		-	RESPONSIBILITY PROGR AM.
	1276	+	9–2502. 25
1365	1277
1366		-	~~(I)~~ ON OR BEFORE ~~DECEMBER~~ 1, ~~2024~~, THE ~~ADVISORY COUNCIL~~ SHALL
1367		-	~~REPORT ITS FINDINGS AND RECOMMENDATIONS~~ TO THE ~~GOVERNOR AND , IN~~
1368		-	~~ACCORDANCE WITH § 2–1257~~ OF ~~THE STATE GOVERNMENT ARTICLE,~~ ~~THE SENATE WES MOORE, Governor Ch~~. ~~465~~
	1278	+	ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL APPR OVE A 26
	1279	+	SINGLE PRODUCER RESP ONSIBILITY ORGANIZAT ION TO REPRESENT THE INTERESTS 27
	1280	+	OF PRODUCERS UNDER T HIS SUBTITLE. 28
1369	1281
1370		-	– 31 –
1371		-	COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT AND THE HOUSE
1372		-	ENVIRONMENT AND TRANSPORTATION COMMITTEE.
	1282	+	9–2503. 29
1373	1283
1374		-	(1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY
1375		-	ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A
1376		-	PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 9–2504 OF THIS SUBTITLE;
	1284	+	(A) THERE IS A PRODUCER R ESPONSIBILITY PLAN ADVISORY COUNCIL . 30
1377	1285
1378		-	(2) ~~RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS~~
1379		-	~~SUBMITTED IN ACCORDA NCE WITH § 9–2504 OF THIS SUBTITLE;~~
	1286	+	(B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO PROVIDE ADVICE TO 31
	1287	+	THE DEPARTMENT AND PRODUC ER RESPONSIBILITY OR GANIZATIONS FOR 32 SENATE BILL 222 29
1380	1288
1381		-	(3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN
1382		-	ACCORDANCE WITH § 9–2507 OF THIS SUBTITLE;
1383	1289
1384		-	(4) MAKE RECOMMENDATIONS TO T HE DEPARTMENT REGARDING
1385		-	PRODUCER RESPONSIBIL ITY PLAN APPROVAL ;
	1290	+	DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS 1
	1291	+	AND MAKE RECOMMENDAT IONS REGARDING ESTAB LISHING AND IMPLEMEN TING A 2
	1292	+	PRODUCER RESPONSIBILI TY PROGRAM IN THE STATE FOR PACKAGING M ATERIALS. 3
1386	1293
1387		-	(5) ~~MAKE RECOMMENDATIONS~~ TO ~~THE DEPARTMENT AND~~
1388		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE~~ ~~GARDING PRODUCER~~
1389		-	~~RESPONSIBILITY PLAN IMPLEMENTATION ; AND~~
	1294	+	(C) (1) THE ADVISORY COUNCIL SHALL CONSIST OF UP TO 21 MEMBERS, 4
	1295	+	APPOINTED BY THE SECRETARY SECRETARY, REPRESENTING A BROAD RANGE OF 5
	1296	+	INTERESTED STAKEHOLD ERS APPOINTED BY THE SECRETARY, INCLUDING: 6
1390	1297
1391		-	(6) PROVIDE WRITTEN RECOMMENDATIONS REGA RDING THE
1392		-	PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN
1393		-	APPROVED PLAN , TO A PRODUCER RESPON SIBILITY ORGANIZATIO N BEFORE THE
1394		-	PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE
1395		-	DEPARTMENT .
	1298	+	(I) REPRESENTATIVES FROM THE FOLLOWING INDUST RIES OR 7
	1299	+	ENTITIES IN THE STATE: 8
1396	1300
1397		-	9–2506.
	1301	+	1. LOCAL GOVERNMENT AGEN CIES RESPONSIBLE FOR 9
	1302	+	RECYCLING PROGRAMS ; 10
1398	1303
1399		-	(A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER
1400		-	RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER
1401		-	RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT , AND ANY OTHER
1402		-	REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT M AY
1403		-	REQUEST REIMBU RSEMENT FROM A PRODU CER RESPONSIBILITY O RGANIZATION
1404		-	FOR COSTS ASSOCIATED WITH COLLECTING , TRANSPORTING , AND PROCESSING
1405		-	PACKAGING MATERIALS THAT ARE IDENTIFIED UNDER THE PLAN , INCLUDING COSTS
1406		-	ASSOCIATED WITH RECY CLING SERVICES FOR P UBLIC PLACES AND PUB LIC
1407		-	HOUSING.
	1304	+	2. RECYCLABLES AND COMPO STABLE MATERIALS 11
	1305	+	COLLECTORS FROM BOTH THE PUBLIC AND PRIVATE SECTORS; 12
1408	1306
1409		-	(B) (1) IF MULTIPLE PRODUCER RESPONSIBILITY ORGAN IZATIONS
1410		-	REGISTER APPROVED PR ODUCER RESPONSIBILIT Y PLANS WITH THE DEPARTMENT
1411		-	IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY
1412		-	ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UN DER THIS
1413		-	SECTION.
1414		-	Ch. 465 2023 LAWS OF MARYLAND
	1307	+	3. RECYCLING PROCESSORS FROM BOTH THE PUBLIC 13
	1308	+	AND PRIVATE SECTORS ; 14
1415	1309
1416		-	– 32 –
1417		-	(2) MULTIPLE PRODUCER RES PONSIBILITY ORGANIZA TIONS MAY
1418		-	ESTABLISH A THIRD –PARTY ENTITY TO COOR DINATE REIMBURSEMENT IN
1419		-	ACCORDANCE WITH THIS SUBSECTION.
	1310	+	4. ORGANICS RECYCLING PR OCESSORS; 15
1420	1311
1421		-	(C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GO VERNMENT TO
1422		-	REQUEST REIMBURSEMEN T FROM A PRODUCER RESPONS IBILITY ORGANIZATION
1423		-	FOR COSTS ASSOCIATED WITH COMPOSTING MATE RIALS THAT ARE NOT P ACKAGING
1424		-	MATERIALS, INCLUDING FOOD WASTE AND OTHER ORGANIC MA TERIALS.
	1312	+	5. THE PRODUCERS FROM THE CONSUMER GOODS 16
	1313	+	SECTOR; 17
1425	1314
1426		-	~~9–2507~~.
	1315	+	6. RETAIL AND SMALL BUSI NESSES; AND 18
1427	1316
1428		-	(A) BEGINNING MARCH 1, 2027, EACH PRODUCER RESPON SIBILITY
1429		-	ORGANIZATION TH AT HAS AN APPROVED P RODUCER RESPONSIBILI TY PLAN ON FILE
1430		-	WITH THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE DEPARTMENT ON THE
1431		-	PROGRESS TOWARD MEET ING PLAN REQUIREMENT S AND GOALS FOR THE
1432		-	IMMEDIATELY PRECEDIN G CALENDAR YEAR .
	1317	+	7. MATERIAL–ORIENTED TRADE GROUPS; 19
1433	1318
1434		-	(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION
1435		-	SHALL INCLUDE :
	1319	+	(II) A REPRESENTATIVE FROM EACH THE PRODUCER 20
	1320	+	RESPONSIBILITY ORGAN IZATION APPROVED BY THE DEPARTMENT UNDER § 9–2502 21
	1321	+	OF THIS SUBTITLE; 22
1436	1322
1437		-	(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS
1438		-	USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKA GING
1439		-	MATERIALS;
	1323	+	(III) REPRESENTATIVES OF AT LEAST TWO NONPROFIT 23
	1324	+	ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCI NG WASTE; 24
1440	1325
1441		-	(2) ~~(I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS~~
1442		-	~~ESTABLISHED UNDER § 9–2504(B)(3) § 9–2504(C)(3) OF THIS SUBTITLE~~; ~~AND~~
	1326	+	(IV) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL 25
	1327	+	ADVOCACY ORGANIZATIO N; 26
1443	1328
1444		-	(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION
1445		-	OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS;
	1329	+	(V) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRONMENTAL 27
	1330	+	JUSTICE ADVOCACY ORGANIZATIO N THAT ADVOCATES ON BE HALF OF 28
	1331	+	OVERBURDENED OR UNDE RSERVED COMMUNITIES , AS DEFINED IN § 1–701 OF THIS 29
	1332	+	ARTICLE; AND 30
	1333	+	30 SENATE BILL 222
1446	1334
1447		-	(3) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E COLLECTED
1448		-	IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EACH PACKAGING
1449		-	MATERIAL TYPE ;
1450	1335
1451		-	(4) ~~(I)~~ THE ~~NUMBER OF BEVERAG E CONTAINERS SOLD~~ IN ~~THE~~
1452		-	~~STATE AND~~ THE ~~NUMBER COLLECTED,~~ ~~BY MATERIAL TYPE ;~~
	1336	+	(VI) AT LEAST TWO MEMBERS OF THE PUBLIC WHO RE SIDE IN 1
	1337	+	THE STATE. 2
1453	1338
1454		-	(II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE OF
1455		-	RECYCLING OF BEVERAG E CONTAINERS BY MATE RIAL TYPE, AFTER SUBTRACTING
1456		-	CONTAMINATION RATES , AND BY NUMBER OF UNI TS AND WEIGHT ; AND
1457		-	WES MOORE, Governor Ch. 465
	1339	+	(2) IN APPOINTING MEMBERS TO THE ADVISORY COUN CIL, THE 3
	1340	+	SECRETARY SHALL , TO THE EXTENT PRACTI CABLE, ENSURE THAT THE 4
	1341	+	MEMBERSHIP OF THE AD VISORY COUNCIL REPRESENTS : 5
1458	1342
1459		-	– 33 –
1460		-	(III) 1. A DESCRIPTION OF THE L OCATION OF COLLECTIO N
1461		-	FACILITIES OR POINTS AND SORTING AND PROC ESSING FACILITIES FO R BEVERAGE
1462		-	CONTAINERS;
	1343	+	(I) ALL GEOGRAPHIC REGION S OF THE STATE; 6
1463	1344
1464		-	2. A DESCRIPTION OF ANY IMPROVEMENTS MADE IN THE
1465		-	REPORTING YEAR TO IN CREASE THE EASE AND CONVENIENCE FOR CONS UMERS TO
1466		-	RETURN BEVERAGE CONT AINERS;
	1345	+	(II) LARGE AND SMALL COUNT IES AND MUNICIPALITI ES; AND 7
1467	1346
1468		-	3. A DESCRIPTION OF UNDER SERVED AREAS AND
1469		-	ACTIONS THAT WILL BE TAKEN BY THE PRODUCE R RESPONSIBILITY ORG ANIZATION
1470		-	TO IMPROVE THE AVAILABILITY OF COLL ECTION FACILITIES OR POINTS IN
1471		-	UNDERSERVED AREAS ; AND
	1347	+	(III) THE VARIABILITY IN HO W WASTE AND RECYCLAB LE AND 8
	1348	+	COMPOSTABLE MATERIAL S ARE COLLECTED AND PROCESSED IN THE STATE. 9
1472	1349
1473		-	4. ANY OTHER INFORMATION ON BEVERAGE
1474		-	CONTAINERS REQUIRED BY THE DEPARTMENT ;
	1350	+	(3) A REPRESENTATIVE FROM A PRODUCER OR A PRODUCER 10
	1351	+	RESPONSIBILITY ORGAN IZATION MAY NOT SERV E AS A VOTING MEMBER OR AS 11
	1352	+	COCHAIR OF THE ADVIS ORY COUNCIL. 12
1475	1353
1476		-	~~(5)~~ (4) THE ~~TOTAL COST~~ OF ~~IMP LEMENTING THE PLAN , AS~~
1477		-	~~DETERMINED BY AN IND EPENDENT FINANCIAL A UDITOR INCLUDING :~~
	1354	+	(4) (I) THE TERM OF A MEMBER IS 4 YEARS AND A MEMBER M AY BE 13
	1355	+	REAPPOINTED . 14
1478	1356
1479		-	(I) A COPY OF THE WORK PRO DUCT OF THE INDEPEND ENT
1480		-	FINANCIAL AUDITOR ; AND
	1357	+	(II) THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRE D BY 15
	1358	+	THE TERMS PROVIDED F OR MEMBERS OF THE AD VISORY COUNCIL ON OCTOBER 1, 16
	1359	+	2023. 17
1481	1360
1482		-	(II) ~~FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS~~
1483		-	~~RECEIVED~~ AND ~~ISSUED BY THE PRODUCERS COV ERED UNDER THE APPRO VED PLAN;~~
	1361	+	(III) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE 18
	1362	+	UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 19
1484	1363
1485		-	(6) (5) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO
1486		-	CONSUMERS OR OTHER E NTITIES;
	1364	+	(IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN 20
	1365	+	SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 21
	1366	+	AND QUALIFIES. 22
1487	1367
1488		-	(7) (6) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN
1489		-	EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS,
1490		-	INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT
1491		-	OF THE PLAN CAN BE I MPROVED;
	1368	+	(D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY 23
	1369	+	SHALL DESIGNATE TWO REPRESENTATIVES TO S ERVE AS COCHAIRS . 24
1492	1370
1493		-	(8) (7) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN
1494		-	MARKET DEVELOPMENT A ND FOR IMPROVING REU SE, ORGANICS RECYCLING , AND
1495		-	RECYCLING INFRASTRUC TURE;
	1371	+	(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE ADVISORY COU NCIL. 25
1496	1372
1497		-	(9) ~~(8) PROOF~~ OF ~~A THIRD –PARTY~~ ~~AUDIT OF~~:
	1373	+	(F) A MEMBER OF THE ADVISO RY COUNCIL: 26
1498	1374
1499		-	(I) THE REDUCTION IN PACK AGING REPORTED ;
	1375	+	(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 27
	1376	+	ADVISORY COUNCIL ; BUT 28
1500	1377
1501		-	(II) THE DATA USED TO DETE RMINE THE STATUS OF ACHIEVING
1502		-	PERFORMANCE GOALS ;
1503		-	Ch. 465 2023 LAWS OF MARYLAND
	1378	+	(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 29
	1379	+	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 30 SENATE BILL 222 31
1504	1380
1505		-	– 34 –
1506		-	(III) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E
1507		-	COLLECTED IN THE STATE; AND
1508	1381
1509		-	(IV) THE NUMBER OF BEVERAG E CONTAINERS SOLD ,
1510		-	COLLECTED, AND REDEEMED IN THE STATE; AND
1511	1382
1512		-	(V) THE ~~OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF~~
1513		-	~~BEVERAGE CONTAINERS IN~~ THE ~~STATE; AND~~
	1383	+	(F) (G) THE ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY THE 1
	1384	+	REQUEST OF THE SECRETARY. 2
1514	1385
1515		-	(10) (9) ANY OTHER INFORMATION AS REQUIRED BY THE
1516		-	DEPARTMENT .
	1386	+	(G) (H) (1) THE ADVISORY COUNCIL SHALL: EVALUATE AND MAKE 3
	1387	+	RECOMMENDATIONS , INCLUDING LEGISLATIV E RECOMMENDATIONS , ON HOW TO 4
	1388	+	EFFECTIVELY ESTABLIS H AND IMPLEMENT A PROD UCER RESPONSIBILITY PROGRAM 5
	1389	+	IN THE STATE FOR PACKAGING M ATERIALS. 6
1517	1390
1518		-	(C) WHEN PROVIDING THE DEPARTMENT WITH THE ANNUAL REPO RT
1519		-	REQUIRED UNDER THIS SECTION, A PRODUCER RESPONSIB ILITY ORGANIZATION
1520		-	SHALL PAY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED COSTS OF
1521		-	ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 YEAR
1522		-	IMMEDIATELY FOLLOWIN G THE ANNUAL REP ORT.
	1391	+	(2) IN MAKING RECOMMENDAT IONS UNDER PARAGRAPH (1) OF THIS 7
	1392	+	SUBSECTION, THE ADVISORY COUNCIL SHALL INCLUDE RECOMM ENDATIONS 8
	1393	+	REGARDING THE RESPON SIBILITIES OF PRODUC ERS UN DER A PRODUCER 9
	1394	+	RESPONSIBILITY PROGR AM. 10
1523	1395
1524		-	(D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE
1525		-	DEPARTMENT BY A PRODU CER RESPONSIBILITY O RGANIZATION SHALL BE KEPT
1526		-	CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC
1527		-	INSPECTION.
	1396	+	(I) ON OR BEFORE DECEMBER 1, 2024, THE ADVISORY COUNCIL SHALL 11
	1397	+	REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN 12
	1398	+	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 13
	1399	+	COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT AND THE HOUSE 14
	1400	+	ENVIRONMENT AND TRANSPORTATION COMMITTEE. 15
1528	1401
1529		-	(E) ~~SUBJECT TO SUBSECTION (D) OF THIS SECTION,~~ ~~THE REPORT SHALL BE~~
1530		-	~~POSTED ON~~ THE ~~WEBSIT E~~ OF ~~THE DEPARTMENT AND THE PR ODUCER~~
1531		-	~~RESPONSIBILITY ORGAN IZATION.~~
	1402	+	(1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY 16
	1403	+	ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A 17
	1404	+	PRODUCER RESPONSIBIL ITY PLAN REQUIRED UNDER § 9–2504 OF THIS SUBTITLE; 18
1532	1405
1533		-	9–2508.
	1406	+	(2) RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS 19
	1407	+	SUBMITTED IN ACCORDA NCE WITH § 9–2504 OF THIS SUBTITLE; 20
1534	1408
1535		-	ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN
1536		-	COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW
1537		-	RELATING TO ANTITRUST AND RESTRAINT OF TRADE F OR ANY COOPERATED
1538		-	ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSAL OF PACK AGING
1539		-	MATERIALS.
	1409	+	(3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN 21
	1410	+	ACCORDANCE WITH § 9–2507 OF THIS SUBTITLE; 22
1540	1411
1541		-	9–2509.
	1412	+	(4) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING 23
	1413	+	PRODUCER RESPONSIBIL ITY PLAN APPROVAL ; 24
1542	1414
1543		-	THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
1544		-	SUBTITLE.
	1415	+	(5) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND 25
	1416	+	PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE GARDING PRODUCER 26
	1417	+	RESPONSIBILITY PLAN IMPLEMENTATION ; AND 27
1545	1418
1546		-	9–2510.
1547		-	WES MOORE, Governor Ch. 465
	1419	+	(6) PROVIDE WRITT EN RECOMMENDATIONS R EGARDING THE 28
	1420	+	PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN 29
	1421	+	APPROVED PLAN , TO A PRODUCER RESPON SIBILITY ORGANIZATIO N BEFORE THE 30
	1422	+	PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE 31
	1423	+	DEPARTMENT . 32
1548	1424
1549		-	– 35 –
1550		-	(A) EXCEPT AS OTHERWISE PROVIDED UNDER SUBSE CTIONS (B) AND (C) OF
1551		-	THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY
1552		-	TO ENFORCE VIOLATION S OF:
	1425	+	9–2506. 33 32 SENATE BILL 222
1553	1426
1554		-	(1) THIS SUBTITLE;
1555	1427
1556		-	(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR
1557	1428
1558		-	(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE.
	1429	+	(A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER 1
	1430	+	RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER 2
	1431	+	RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT , AND ANY OTHER 3
	1432	+	REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT M AY 4
	1433	+	REQUEST REI MBURSEMENT FROM A PR ODUCER RESPONSIBILIT Y ORGANIZATION 5
	1434	+	FOR COSTS ASSOCIATED WITH COLLECTING , TRANSPORTING , AND PROCESSING 6
	1435	+	PACKAGING MATERIALS THAT ARE IDENTIFIED UNDER THE PLAN , INCLUDING COSTS 7
	1436	+	ASSOCIATED WITH RECY CLING SERVICES FOR P UBLIC PLACES AND PUB LIC 8
	1437	+	HOUSING. 9
1559	1438
1560		-	(B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION
1561		-	THAT VIOLATES THIS S UBTITLE IS SUBJECT T O:
	1439	+	(B) (1) IF MULTIPLE PRODUCER RESPONSIBILITY ORGAN IZATIONS 10
	1440	+	REGISTER APPROVED PR ODUCER RESPONSIBILIT Y PLANS WITH THE DEPARTMENT 11
	1441	+	IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY 12
	1442	+	ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UNDER THIS 13
	1443	+	SECTION. 14
1562	1444
1563		-	(I) FOR A FIRST VIOLATION , A CIVIL AN ADMINISTRATIVE
1564		-	PENALTY OF $5,000;
	1445	+	(2) MULTIPLE PRODUCER RES PONSIBILITY ORGANIZA TIONS MAY 15
	1446	+	ESTABLISH A THIRD –PARTY ENTITY TO COOR DINATE REIMBURSEMENT IN 16
	1447	+	ACCORDANCE WITH THIS SUBSECTION. 17
1565	1448
1566		-	(II) FOR A SECOND VIOLATIO N, A CIVIL AN ADMINISTRATIVE
1567		-	PENALTY OF $10,000; AND
	1449	+	(C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GO VERNMENT TO 18
	1450	+	REQUEST REIMBURSEMEN T FROM A PRODUCER RESP ONSIBILITY ORGANIZAT ION 19
	1451	+	FOR COSTS ASSOCIATED WITH COMPOSTING MATE RIALS THAT ARE NOT P ACKAGING 20
	1452	+	MATERIALS, INCLUDING FOOD WASTE AND OTHER ORGANIC MA TERIALS. 21
1568	1453
1569		-	(III) FOR A THIRD AND SUBSE QUENT VIOLATION , A CIVIL
1570		-	PENALTY OF $20,000.
	1454	+	9–2507. 22
1571	1455
1572		-	(2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS
1573		-	SECTION UNLESS :
	1456	+	(A) BEGINNING MARCH 1, 2027, EACH PRODUCER RESPON SIBILITY 23
	1457	+	ORGANIZATION THAT HAS AN APPROVED PRODUCER RESPONSIBIL ITY PLAN ON FILE 24
	1458	+	WITH THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE DEPARTMENT ON THE 25
	1459	+	PROGRESS TOWARD MEET ING PLAN REQUIREMENT S AND GOALS FOR THE 26
	1460	+	IMMEDIATELY PRECEDIN G CALENDAR YEAR . 27
1574	1461
1575		-	(I) THE ~~DEPARTMENT FIRST ISSU ES~~ A ~~WRITTEN NOTICE~~ OF
1576		-	~~VIOLATION TO THE PRO DUCER; AND~~
	1462	+	(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 28
	1463	+	SHALL INCLUDE : 29
1577	1464
1578		-	(II) THE VIOLATION IS NOT CORRECTED WITHIN 60 DAYS OF
1579		-	RECEIPT OF THE WRITT EN NOTICE.
	1465	+	(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 30
	1466	+	USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKA GING 31
	1467	+	MATERIALS; 32
1580	1468
1581		-	~~(3) AFTER THE 60–DAY PERIOD SPECIFIED UNDER PARAGRAPH~~ (2)
1582		-	OF THIS ~~SUBSECTION , EACH DAY THAT A VIOL ATION CONTINUES IS A SEPARATE~~
1583		-	~~VIOLATION.~~
	1469	+	(2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS 33
	1470	+	ESTABLISHED UNDER § 9–2504(B)(3) § 9–2504(C)(3) OF THIS SUBTITLE; AND 34
	1471	+	SENATE BILL 222 33
1584	1472
1585		-	(C) IF, BASED ON THE A NNUAL REPORT SUBMITT ED UNDER § 9–2507 OF
1586		-	THIS SUBTITLE, THE PERFORMANCE GOAL S ESTABLISHED UNDER § 9–2504(B)(3) §
1587		-	9–2504(C)(3) OF THIS SUBTITLE HAV E NOT BEEN ACHIEVED , THE DEPARTMENT MAY
1588		-	IMPOSE AN ADMINISTRA TIVE PENALTY, NOT TO EXCEED $5,000 $250,000, ON THE
1589		-	PRODUCER RESPONSIBIL ITY ORGANIZATION .
1590	1473
1591		-	(D) ANY PENALTY COLLECTED BY THE DEPARTMENT UNDER THIS SECTION
1592		-	SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R §
1593		-	9–1707 OF THIS TITLE. Ch. 465 2023 LAWS OF MARYLAND
	1474	+	(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION 1
	1475	+	OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS; 2
1594	1476
1595		-	– 36 –
	1477	+	(3) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E COLLECTED 3
	1478	+	IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EACH PACKAGING 4
	1479	+	MATERIAL TYPE ; 5
1596	1480
1597		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
1598		-	2024, each local government in the State shall file a feasibility plan with the Department
1599		-	of the Environment that prioritizes the sale of recycled packaging materials back to
1600		-	manufacturers that have a manufacturing facility in the State.
	1481	+	(4) (I) THE NUMBER OF BEVERAG E CONTAINERS SOLD IN THE 6
	1482	+	STATE AND THE NUMBER COLLECTED, BY MATERIAL TYPE ; 7
1601	1483
1602		-	SECTION 3. AND BE IT FURTHER ENACTED, That the terms of the initial
1603		-	members of the producer responsibility plan advisory council shall expire as follows:
	1484	+	(II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE OF 8
	1485	+	RECYCLING OF BEVERAG E CONTAINERS BY MATE RIAL TYPE, AFTER SUBTRACTING 9
	1486	+	CONTAMINATION RATES , AND BY NUMBER OF UNI TS AND WEIGHT ; AND 10
1604	1487
1605		-	(1) five members in 2024;
	1488	+	(III) 1. A DESCRIPTION OF THE L OCATION OF COLLECTIO N 11
	1489	+	FACILITIES OR POINTS AND SORTING AND PROC ESSING FACILITIES FO R BEVERAGE 12
	1490	+	CONTAINERS; 13
1606	1491
1607		-	(2) five members in 2025;
	1492	+	2. A DESCRIPTION OF ANY IMPROVEMENTS MADE IN THE 14
	1493	+	REPORTING YEAR TO IN CREASE THE EASE AND CONVENIENCE FOR CONS UMERS TO 15
	1494	+	RETURN BEVERAGE CONT AINERS; 16
1608	1495
1609		-	(3) five members in 2026; and
	1496	+	3. A DESCRIPTION OF UNDER SERVED AREAS AND 17
	1497	+	ACTIONS THAT WILL BE TAKEN BY THE PRODUCE R RESPONSIBILITY ORG ANIZATION 18
	1498	+	TO IMPROVE THE AVAILABILITY OF COLL ECTION FACILITIES OR POINTS IN 19
	1499	+	UNDERSERVED AREAS ; AND 20
1610	1500
1611		-	(4) the remaining members in 2027.
	1501	+	4. ANY OTHER INFORMATION ON BEVERAGE 21
	1502	+	CONTAINERS REQUIRED BY THE DEPARTMENT ; 22
1612	1503
1613		-	SECTION 2. AND BE IT FURTHER ENACTED, That:
	1504	+	(5) (4) THE TOTAL COST OF IMP LEMENTING THE PLAN , AS 23
	1505	+	DETERMINED BY AN IND EPENDENT FINANCIAL A UDITOR INCLUDING : 24
1614	1506
1615		-	(a) ~~In this section, “advisory council” and “producer” have~~ the ~~meanings stated in~~
1616		-	~~§ 9–2501 of the Environment Article, as enacted under Section 1 of this Act.~~
	1507	+	(I) A COPY OF THE WORK PRO DUCT OF THE INDEPEND ENT 25
	1508	+	FINANCIAL AUDITOR ; AND 26
1617	1509
1618		-	(b) ~~(1) The Office of Recycling in the Department of the Environment shall~~
1619		-	~~procure a statewide recycling needs assessment in accordance with this section.~~
	1510	+	(II) FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS 27
	1511	+	RECEIVED AND ISSUED BY THE PRODUCERS COV ERED UNDER THE APPRO VED PLAN; 28
1620	1512
1621		-	(2) ~~The Office shall hire an independent consultant~~ to ~~conduct a statewide~~
1622		-	~~recycling needs assessment that includes:~~
	1513	+	(6) (5) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO 29
	1514	+	CONSUMERS OR OTHER E NTITIES; 30
1623	1515
1624		-	(i) an analysis of the State’s current solid waste streams, including:
	1516	+	(7) (6) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN 31
	1517	+	EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS, 32 34 SENATE BILL 222
1625	1518
1626		-	1. solid waste generated in the State by local jurisdiction,
1627		-	type, and material;
1628	1519
1629		-	2. disposal methods by material type and amount; and
	1520	+	INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 1
	1521	+	OF THE PLAN CAN BE I MPROVED; 2
1630	1522
1631		-	3. associated costs and revenues for solid waste disposal
1632		-	programs;
	1523	+	(8) (7) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN 3
	1524	+	MARKET DEVELOPMENT A ND FOR IMPROVING REU SE, ORGANICS RECYCLING , AND 4
	1525	+	RECYCLING INFRASTRUC TURE; 5
1633	1526
1634		-	(ii) ~~an analysis~~ of ~~the State’s current recycling streams, including~~:
	1527	+	(9) (8) PROOF OF A THIRD –PARTY AUDIT OF: 6
1635	1528
1636		-	1. recyclable materials processed by local jurisdiction, type,
1637		-	and amount;
	1529	+	(I) THE REDUCTION IN PACK AGING REPORTED ; 7
1638	1530
1639		-	~~2. processing methods by material type and amount;~~
1640		-	~~WES MOORE, Governor Ch. 465~~
	1531	+	(II) THE DATA USED TO DETE RMINE THE STATUS OF ACHIEVING 8
	1532	+	PERFORMANCE GOALS ; 9
1641	1533
1642		-	– 37 –
1643		-	3. associated costs and revenues for recycling programs,
1644		-	collection, and tipping fees; and
	1534	+	(III) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E 10
	1535	+	COLLECTED IN THE STATE; AND 11
1645	1536
1646		-	~~4. an estimate~~ of ~~the amount of recyclable materials that are~~
1647		-	~~not currently being recycled~~;
	1537	+	(IV) THE NUMBER OF BEVERAG E CONTAINERS SOLD , 12
	1538	+	COLLECTED, AND REDEEMED IN THE STATE; AND 13
1648	1539
1649		-	(~~iii~~) ~~an evaluation~~ of ~~the current infrastructure and capacity related~~
1650		-	~~to, need for,~~ and ~~associated costs of:~~
	1540	+	(V) THE OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF 14
	1541	+	BEVERAGE CONTAINERS IN THE STATE; AND 15
1651	1542
1652		-	1. recycling access and availability;
	1543	+	(10) (9) ANY OTHER INFORMATION AS REQUIRED BY THE 16
	1544	+	DEPARTMENT . 17
1653	1545
1654		-	2. collecting and hauling recyclable or compostable materials
1655		-	in the State;
	1546	+	(C) WHEN PROVIDING THE DEPARTMENT WITH THE ANNUAL REPO RT 18
	1547	+	REQUIRED UNDER THIS SECTION, A PRODUCER RESPONSIB ILITY ORGANIZATION 19
	1548	+	SHALL PAY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED COSTS OF 20
	1549	+	ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 YEAR 21
	1550	+	IMMEDIATELY FOLLOWIN G THE ANNUAL REP ORT. 22
1656	1551
1657		-	3. processing recyclable or compostable materials in the
1658		-	State;
	1552	+	(D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 23
	1553	+	DEPARTMENT BY A PRODU CER RESPONSIBILITY O RGANIZATION SHALL BE KEPT 24
	1554	+	CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 25
	1555	+	INSPECTION. 26
1659	1556
1660		-	4. taking advantage of favorable market conditions or other
1661		-	opportunities for increasing recycling or organics recycling in the State;
	1557	+	(E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE 27
	1558	+	POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PR ODUCER 28
	1559	+	RESPONSIBILITY ORGAN IZATION. 29
1662	1560
1663		-	5. ~~in coordination with local governments, consumer~~
1664		-	~~education regarding recycling,~~ ~~organics recycling,~~ ~~and contamination reduction;~~
	1561	+	9–2508. 30
	1562	+	SENATE BILL 222 35
1665	1563
1666		-	6. reuse infrastructure; and
1667	1564
1668		-	7. organics recycling infrastructure;
	1565	+	ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN 1
	1566	+	COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 2
	1567	+	RELATING TO ANTITRUST AND RESTRAINT OF TRADE F OR ANY COOPERATED 3
	1568	+	ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSAL OF PACK AGING 4
	1569	+	MATERIALS. 5
1669	1570
1670		-	(iv) an evaluation of commingled recycling processing facility worker
1671		-	conditions, wages, and benefits;
	1571	+	9–2509. 6
1672	1572
1673		-	~~(v) an evaluation of opportunities in~~ the ~~recycling system for women~~
1674		-	~~and minority individuals;~~
	1573	+	THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 7
	1574	+	SUBTITLE. 8
1675	1575
1676		-	(vi) an evaluation of local government requirements related to
1677		-	multifamily and commercial recycling services and their implementation;
	1576	+	9–2510. 9
1678	1577
1679		-	(vii) the sufficiency of recycling education programs relative to desired
1680		-	equity outcomes;
	1578	+	(A) EXCEPT AS OTHERWISE PROVIDED UNDER SUBSE CTIONS (B) AND (C) OF 10
	1579	+	THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY 11
	1580	+	TO ENFORCE VIOLATION S OF: 12
1681	1581
1682		-	(viii) an evaluation of the economic opportunities in the State’s
1683		-	recycling system, including:
	1582	+	(1) THIS SUBTITLE; 13
1684	1583
1685		-	1. State and local revenue that may be considered lost because
1686		-	recyclable materials are not being recycled;
1687		-	Ch. 465 2023 LAWS OF MARYLAND
	1584	+	(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR 14
1688	1585
1689		-	– 38 –
1690		-	2. current jobs associated with the solid waste and recycling
1691		-	industries;
	1586	+	(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 15
1692	1587
1693		-	~~3. opportunities to increase employment in the recycling~~
1694		-	~~industry by material type;~~
	1588	+	(B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION 16
	1589	+	THAT VIOLATES THIS S UBTITLE IS SUBJECT T O: 17
1695	1590
1696		-	4. business opportunities associated with recycling;
	1591	+	(I) FOR A FIRST VIOLATION , A CIVIL AN ADMINISTRATIVE 18
	1592	+	PENALTY OF $5,000; 19
1697	1593
1698		-	5. barriers to increasing the use of recyclable materials as
1699		-	feedstock for principal processors and manufacturers and means of eliminating those
1700		-	barriers; and
	1594	+	(II) FOR A SECOND VIOLATIO N, A CIVIL AN ADMINISTRATIVE 20
	1595	+	PENALTY OF $10,000; AND 21
1701	1596
1702		-	~~6. recommendations~~ for ~~incentives to stimulate job growth~~
1703		-	~~and business opportunities in the State’s recycling industry;~~
	1597	+	(III) FOR A THIRD AND SUBSE QUENT VIOLATION , A CIVIL 22
	1598	+	PENALTY OF $20,000. 23
1704	1599
1705		-	(ix) ~~recommendations for improving equity and equitable outcomes~~
1706		-	~~for underserved populations in the State’s recycling system;~~
	1600	+	(2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS 24
	1601	+	SECTION UNLESS : 25
1707	1602
1708		-	(x) ~~an analysis~~ of ~~the costs and benefits of implementing an extended~~
1709		-	~~producer responsibility program, including~~ to:
	1603	+	(I) THE DEPARTMENT FIRST ISSU ES A WRITTEN NOTICE OF 26
	1604	+	VIOLATION TO THE PRO DUCER; AND 27
1710	1605
1711		-	1. local governments;
	1606	+	(II) THE VIOLATION IS NOT CORRECTED WITHIN 60 DAYS OF 28
	1607	+	RECEIPT OF THE WRITT EN NOTICE. 29
	1608	+	36 SENATE BILL 222
1712	1609
1713		-	2. waste producers;
1714	1610
1715		-	3. residents; and
	1611	+	(3) AFTER THE 60–DAY PERIOD SPECIFIED UNDER PARAGRAPH (2) 1
	1612	+	OF THIS SUBSECTION , EACH DAY THAT A VIOL ATION CONTINUES IS A SEPARATE 2
	1613	+	VIOLATION. 3
1716	1614
1717		-	4. waste management companies;
	1615	+	(C) IF, BASED ON THE A NNUAL REPORT SUBMITT ED UNDER § 9–2507 OF 4
	1616	+	THIS SUBTITLE, THE PERFORMANCE GOAL S ESTABLISHED UNDER § 9–2504(B)(3) § 5
	1617	+	9–2504(C)(3) OF THIS SUBTITLE HAV E NOT BEEN ACHIEVED , THE DEPARTMENT MAY 6
	1618	+	IMPOSE AN ADMINISTRA TIVE PENALTY, NOT TO EXCEED $5,000 $250,000, ON THE 7
	1619	+	PRODUCER RESPONSIBIL ITY ORGANIZATION . 8
1718	1620
1719		-	(xi) an analysis of the potential environmental impact of an extended
1720		-	producer responsibility program, including through:
	1621	+	(D) ANY PENALTY COLLECTED BY THE DEPARTMENT UNDER THIS SECTION 9
	1622	+	SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 10
	1623	+	9–1707 OF THIS TITLE. 11
1721	1624
1722		-	1. increased recycling;
	1625	+	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 12
	1626	+	2024, each local government in the State shall file a feasibility plan with the Department 13
	1627	+	of the Environment that prioritizes the sale of recycled packaging materials back to 14
	1628	+	manufacturers that have a manufacturing facility in the State. 15
1723	1629
1724		-	2. resource recovery;
	1630	+	SECTION 3. AND BE IT FURTHER ENACTED, That the terms of the initial 16
	1631	+	members of the producer responsibility plan advisory council shall expire as follows: 17
1725	1632
1726		-	~~3. waste reduction~~; ~~and~~
	1633	+	(1) five members in 2024; 18
1727	1634
1728		-	~~4. reduced environmental damage~~; ~~and~~
	1635	+	(2) five members in 2025; 19
1729	1636
1730		-	(xii) recommendations on the best practices to follow from successful
1731		-	extended producer responsibility programs in other states and countries.
	1637	+	(3) five members in 2026; and 20
1732	1638
1733		-	(c) On or before July 30, 2024, the Office shall report on the results of the
1734		-	assessment conducted under this section to the Governor and, in accordance with § 2–1257
1735		-	of the State Government Article, the General Assembly. WES MOORE, Governor Ch. 465
	1639	+	(4) the remaining members in 2027. 21
1736	1640
1737		-	~~– 39 –~~
	1641	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 22
1738	1642
1739		-	(d) In conducting the assessment required under this section, the independent
1740		-	consultant shall consult with the advisory council, appropriate local governmental entities,
1741		-	and regional solid waste organizations and producers in the State.
	1643	+	(a) In this section, “advisory council” and “producer” have the meanings stated in 23
	1644	+	§ 9–2501 of the Environment Article, as enacted under Section 1 of this Act. 24
1742	1645
1743		-	~~SECTION 2.~~ ~~4. 3.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That this Act~~ shall ~~take effect~~
1744		-	~~October July 1,~~ ~~2023~~.
	1646	+	(b) (1) The Office of Recycling in the Department of the Environment shall 25
	1647	+	procure a statewide recycling needs assessment in accordance with this section. 26
1745	1648
1746		-	Approved by the Governor, May 8, 2023.
	1649	+	(2) The Office shall hire an independent consultant to conduct a statewide 27
	1650	+	recycling needs assessment that includes: 28
	1651	+
	1652	+	(i) an analysis of the State’s current solid waste streams, including: 29
	1653	+
	1654	+	1. solid waste generated in the State by local jurisdiction, 30
	1655	+	type, and material; 31
	1656	+	SENATE BILL 222 37
	1657	+
	1658	+
	1659	+	2. disposal methods by material type and amount; and 1
	1660	+
	1661	+	3. associated costs and revenues for solid waste disposal 2
	1662	+	programs; 3
	1663	+
	1664	+	(ii) an analysis of the State’s current recycling streams, including: 4
	1665	+
	1666	+	1. recyclable materials processed by local jurisdiction, type, 5
	1667	+	and amount; 6
	1668	+
	1669	+	2. processing methods by material type and amount; 7
	1670	+
	1671	+	3. associated costs and revenues for recycling programs, 8
	1672	+	collection, and tipping fees; and 9
	1673	+
	1674	+	4. an estimate of the amount of recyclable materials that are 10
	1675	+	not currently being recycled; 11
	1676	+
	1677	+	(iii) an evaluation of the current infrastructure and capacity related 12
	1678	+	to, need for, and associated costs of: 13
	1679	+
	1680	+	1. recycling access and availability; 14
	1681	+
	1682	+	2. collecting and hauling recyclable or compostable materials 15
	1683	+	in the State; 16
	1684	+
	1685	+	3. processing recyclable or compostable materials in the 17
	1686	+	State; 18
	1687	+
	1688	+	4. taking advantage of favorable market conditions or other 19
	1689	+	opportunities for increasing recycling or organics recycling in the State; 20
	1690	+
	1691	+	5. in coordination with local governments, consumer 21
	1692	+	education regarding recycling, organics recycling, and contamination reduction; 22
	1693	+
	1694	+	6. reuse infrastructure; and 23
	1695	+
	1696	+	7. organics recycling infrastructure; 24
	1697	+
	1698	+	(iv) an evaluation of commingled recycling processing facility worker 25
	1699	+	conditions, wages, and benefits; 26
	1700	+
	1701	+	(v) an evaluation of opportunities in the recycling system for women 27
	1702	+	and minority individuals; 28
	1703	+
	1704	+	(vi) an evaluation of local government requirements related to 29
	1705	+	multifamily and commercial recycling services and their implementation; 30 38 SENATE BILL 222
	1706	+
	1707	+
	1708	+
	1709	+	(vii) the sufficiency of recycling education programs relative to desired 1
	1710	+	equity outcomes; 2
	1711	+
	1712	+	(viii) an evaluation of the economic opportunities in the State’s 3
	1713	+	recycling system, including: 4
	1714	+
	1715	+	1. State and local revenue that may be considered lost because 5
	1716	+	recyclable materials are not being recycled; 6
	1717	+
	1718	+	2. current jobs associated with the solid waste and recycling 7
	1719	+	industries; 8
	1720	+
	1721	+	3. opportunities to increase employment in the recycling 9
	1722	+	industry by material type; 10
	1723	+
	1724	+	4. business opportunities associated with recycling; 11
	1725	+
	1726	+	5. barriers to increasing the use of recyclable materials as 12
	1727	+	feedstock for principal processors and manufacturers and means of eliminating those 13
	1728	+	barriers; and 14
	1729	+
	1730	+	6. recommendations for incentives to stimulate job growth 15
	1731	+	and business opportunities in the State’s recycling industry; 16
	1732	+
	1733	+	(ix) recommendations for improving equity and equitable outcomes 17
	1734	+	for underserved populations in the State’s recycling system; 18
	1735	+
	1736	+	(x) an analysis of the costs and benefits of implementing an extended 19
	1737	+	producer responsibility program, including to: 20
	1738	+
	1739	+	1. local governments; 21
	1740	+
	1741	+	2. waste producers; 22
	1742	+
	1743	+	3. residents; and 23
	1744	+
	1745	+	4. waste management companies; 24
	1746	+
	1747	+	(xi) an analysis of the potential environmental impact of an extended 25
	1748	+	producer responsibility program, including through: 26
	1749	+
	1750	+	1. increased recycling; 27
	1751	+
	1752	+	2. resource recovery; 28
	1753	+
	1754	+	3. waste reduction; and 29 SENATE BILL 222 39
	1755	+
	1756	+
	1757	+
	1758	+	4. reduced environmental damage; and 1
	1759	+
	1760	+	(xii) recommendations on the best practices to follow from successful 2
	1761	+	extended producer responsibility programs in other states and countries. 3
	1762	+
	1763	+	(c) On or before July 30, 2024, the Office shall report on the results of the 4
	1764	+	assessment conducted under this section to the Governor and, in accordance with § 2–1257 5
	1765	+	of the State Government Article, the General Assembly. 6
	1766	+
	1767	+	(d) In conducting the assessment required under this section, the independent 7
	1768	+	consultant shall consult with the advisory council, appropriate local governmental entities, 8
	1769	+	and regional solid waste organizations and producers in the State. 9
	1770	+
	1771	+	SECTION 2. 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
	1772	+	October July 1, 2023. 11
	1773	+
	1774	+
	1775	+
	1776	+
	1777	+	Approved:
	1778	+	________________________________________________________________________________
	1779	+	Governor.
	1780	+	________________________________________________________________________________
	1781	+	President of the Senate.
	1782	+	________________________________________________________________________________
	1783	+	Speaker of the House of Delegates.