WES MOORE, Governor Ch. 465
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Chapter 465
(Senate Bill 222)
AN ACT concerning
Environment – Reducing Packaging Materials – Statewide Recycling Needs
Assessment and Producer Responsibility for Packaging Materials
FOR the purpose of requiring certain producers of packaging materials to individually or
as part of a producer responsibility organization submit a certain packaging
materials producer responsibility plan to the Department of the Environment for
review and approval on or before a certain date and in accordance with certain
requirements; prohibiting, on or after a certain date, a producer of certain packaging
materials from selling, offering for sale, distributing, or importing certain packaging
materials unless the producer, individually or as part of a producer responsibility
organization, has an approved producer responsibility plan on file with the
Department; requiring a producer responsibility organization to pay certain costs to
the Department; requiring a producer responsibility organization to implement a
producer responsibility plan within a certain amount of time after the Department
approves the producer responsibility plan; establishing a producer responsibility
plan advisory council; authorizing a local government to request reimbursement
from a certain producer that has an approved producer responsibility plan on file
with the Department for certain costs in a certain manner; altering the definition of
“organics recycling” to include the processing of certain compostable packaging
materials in a certain manner; requiring the Department of the Environment to
approve a certain producer responsibility organization for certain purposes on or
before a certain date; establishing a producer responsibility advisory council to
provide advice and make recommendations regarding establishing and implementing
a producer responsibility program in the State for packaging materials and to report
to certain committees of the General Assembly on or before a certain date; requiring
the Office of Recycling in the Department to hire an independent contractor to
conduct certain statewide recycling needs assessments in a certain manner and to
submit certain reports on the results of the assessments to the Governor and the
General Assembly on or before certain dates a certain statewide recycling needs
assessment in a certain manner and to submit a certain report to the Governor and
the General Assembly on or before a certain date; and generally relating to a statewide
recycling needs assessment and producer responsibility for packaging materials.
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–1701(a) and (o)
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment Ch. 465 2023 LAWS OF MARYLAND
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Section 9–1702 9–1701(n), 9–1702, and 9–1707(f)
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY adding to
Article – Environment
Section 9–1702.2; and 9–2501 through 9–2510 9–2503 to be under the new subtitle
“Subtitle 25. Producer Responsibility for Packaging Materials”
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
9–1701.
(a) In this subtitle the following words have the meanings indicated.
(n) (1) “Organics recycling” means any process in which organic materials OR
COMPOSTABLE PACKAGIN G MATERIALS are collected, separated, or processed and
returned to the marketplace in the form of raw materials or products.
(2) “Organics recycling” includes anaerobic digestion and composting.
(o) “Organics recycling facility” means a facility where organics recycling takes
place.
9–1702.
(a) There is an Office of Recycling created within the Department.
(b) The Secretary shall appoint a Director and sufficient staff to perform the
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the
budget.
(c) The Secretary may adopt regulations to carry out the provisions of this
subtitle.
(d) The Office shall:
(1) Assist the counties in developing an acceptable recycling plan required
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to
the local governments;
WES MOORE, Governor Ch. 465
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(2) Coordinate the efforts of the State to facilitate the implementation of
the recycling goals at the county level;
(3) Review all recycling plans submitted as part of a county plan as
required under § 9–505 of this title and advise the Secretary on the adequacy of the
recycling plan;
(4) Administer the Statewide Electronics Recycling Program under Part IV
of this subtitle; [and]
(5) Promote the development of markets for recycled materials and
recycled products in the State in accordance with § 9–1702.1 of this subtitle;
(6) CONDUCT PROCURE A STATEWIDE RECYCLIN G NEEDS
ASSESSMENT IN ACCORD ANCE WITH § 9–1702.2 OF THIS SUBTITLE; AND
(7) REVIEW AND APPROVE , IN CONSULTATION WITH TH E PRODUCER
RESPONSIBILITY PLAN ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS
TITLE, PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN
ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE.
(e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in
coordination with the Maryland Environmental Service, study and report to the Governor
and, subject to § 2–1257 of the State Government Article, the General Assembly on:
(1) The identification and location of recycling centers, including an
analysis of existing recycling centers and the need to expand these facilities or construct
new recycling centers;
(2) Programs necessary to educate the public on the need to participate in
recycling efforts;
(3) The economics and financing of existing and proposed systems of waste
disposal and recycling;
(4) State procurement policies for the purchase of recycled materials;
(5) Programs necessary to reduce the amount of solid waste generated for
disposal by a State agency or unit;
(6) The liaison role with local governments, the federal government, and
the private sector;
(7) The percentage reduction in the amount of solid waste that has been
achieved by each county; and
Ch. 465 2023 LAWS OF MARYLAND
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(8) Economically feasible methods for the recycling of scrap automobile
tires, batteries, and white goods.
(f) (1) By December 1, 1988, the Office shall, in coordination with the
Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make
recommendations to the General Assembly for the financing of a comprehensive system of
recycling at the State and local level, including funding for recycling centers, recycling
equipment, recycling education, and marketing strategies.
(2) After the financing recommendations are made under paragraph (1) of
this subsection, each county may submit to the Office and the Governor a detailed request
for funds necessary to assist in the development and implementation of a recycling plan
under guidelines developed by the Office.
(g) In studying feasible methods for the management and recycling of used tires
under subsection (e)(9) of this section, the Office of Recycling shall consult with the
appropriate industry, including representatives of:
(1) Tire manufacturers;
(2) Tire dealers; and
(3) Tire recyclers.
9–1702.2.
(A) IN THIS SECTION , “ADVISORY COUNCIL ” AND “PRODUCER
RESPONSIBILITY ORGAN IZATION” HAVE THE MEANINGS ST ATED IN § 9–2501 OF THIS
TITLE.
(B) IN ACCORDANCE WITH SU BSECTION (D) OF THIS SECTION AND TO CARRY
OUT THE REQUIREMENTS O F § 9–1702(D)(6) OF THIS SUBTITLE, THE OFFICE SHALL
HIRE AN INDEPENDENT CONSULTANT TO CONDUCT A STATEWIDE RECYCLING NEEDS
ASSESSMENT AT LEAST ONCE EVERY 10 YEARS OR AS RECOMMEN DED BY THE
ADVISORY COUNCIL THA T INCLUDES:
(1) AN ANALYSIS OF THE STATE’S CURRENT SOLID WAST E STREAMS,
INCLUDING:
(I) SOLID WASTE GENERATED IN THE STATE BY LOCAL
JURISDICTION, TYPE, AND MATERIAL ;
(II) DISPOSAL METHODS BY M ATERIAL TYPE AND AMO UNT; AND
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(III) ASSOCIATED COSTS AND REVENUES FOR SO LID WASTE
DISPOSAL PROGRAMS ;
(2) AN ANALYSIS OF THE STATE’S CURRENT RECYCLING STREAMS,
INCLUDING:
(I) RECYCLABLE MATERIALS PROCESSED BY LOCAL
JURISDICTION, TYPE, AND AMOUNT ;
(II) PROCESSING METHODS BY MATERIAL TYPE AND AM OUNT;
(III) ASSOCIATED COSTS AND REVENUES FOR RECYCLI NG
PROGRAMS, COLLECTION, AND TIPPING FEES ; AND
(IV) AN ESTIMATE OF THE AM OUNT OF RECYCLABLE M ATERIALS
THAT ARE NOT CURRENT LY BEING RECYCLED ;
(1) (3) AN EVALUATION OF THE CURRENT INFRASTRUCTU RE AND
CAPACITY RELATED TO, NEED FOR, AND ASSOCIATED COSTS OF:
(I) RECYCLING ACCESS AND AVAILABILITY;
(II) COLLECTING AND HAULIN G RECYCLABLE OR
COMPOSTABLE MATERIAL S IN THE STATE;
(III) PROCESSING RECYCLABLE OR COMPOSTABLE MATER IALS
IN THE STATE;
(IV) TAKING ADVANTAGE OF F AVORABLE MARKET COND ITIONS
OR OTHER OPPORTUNITI ES FOR INCREASING RE CYCLING OR ORGANICS RECYCLING
IN THE STATE;
(V) IN COORDINATION WITH LOCAL GOVERNMENTS , CONSUMER
EDUCATION REGARDING RECYCLING, ORGANICS RECYCLING , AND CONTAMINATI ON
REDUCTION;
(VI) REUSE INFRASTRUCTURE ; AND
(VII) ORGANICS RECYCLING IN FRASTRUCTURE ;
(2) (4) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING
FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS;
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(3) (5) AN EVALUATION OF OPPO RTUNITIES IN THE RECYCLING
SYSTEM FOR WOMEN AND MINORITY INDIVIDUALS ;
(4) (6) AN EVALUATION OF LOCA L GOVERNMENT REQUIRE MENTS
RELATED TO MULTIFAMI LY AND COMMERCIAL RECYCLING SERVICES A ND THEIR
IMPLEMENTATION ;
(5) (7) THE SUFFICIENCY OF RE CYCLING EDUCATION PR OGRAMS
RELATIVE TO DESIRED EQUITY OUTCOMES ;
(6) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING SYSTEM
FOR BUSINESSES IN TH E STATE; AND
(8) AN EVALUATION OF THE ECONOMIC OPPORTUNITI ES IN THE
STATE’S RECYCLING SYSTEM , INCLUDING:
(I) STATE AND LOCAL REVENUE THAT MAY BE CONSIDERED
LOST BECAUSE RECYCLA BLE MATERIALS ARE NO T BEING RECYCLED ;
(II) CURRENT JOBS ASSOCIAT ED WITH THE SOLID WA STE AND
RECYCLING INDUSTRIES ;
(III) OPPORTUNITIES TO INCR EASE EMPLOYMENT IN T HE
RECYCLING INDUSTRY B Y MATERIAL TY PE;
(IV) BUSINESS OPPORTUNITIE S ASSOCIATED WITH RE CYCLING;
(V) BARRIERS TO INCREASIN G THE USE OF RECYCLA BLE
MATERIALS AS FEEDSTO CK FOR PRINCIPAL PRO CESSORS AND MANUFACT URERS
AND MEANS OF ELIMINA TING THOSE BARRIERS ; AND
(VI) RECOMMENDATIONS FOR INCENTIVES TO STIMUL ATE JOB
GROWTH AND BUSINESS OPPORTUNITIES IN THE STATE’S RECYCLING INDUSTRY ;
(7) (9) RECOMMENDATIONS FOR I MPROVING EQUITY AND
EQUITABLE OUTCOMES F OR UNDERSERVED POPUL ATIONS IN THE STATE’S
RECYCLING SYSTEM , INCLUDING RECOMMENDA TIONS FOR NEW RESPONSIBILI TIES
OF PRODUCER RESPONSI BILITY ORGANIZATIONS AND RECOMMENDATIONS FOR
FUNDING THE NEW RESP ONSIBILITIES. RESPONSIBILITIES ;
(10) AN ANALYSIS OF THE CO STS AND BENEFITS OF IMPLEMENTING AN
EXTENDED PRODUCER RE SPONSIBILITY PROGRAM , INCLUDING TO:
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(I) LOCAL GOVERNMENTS ;
(II) WASTE PRODUCERS ;
(III) RESIDENTS; AND
(IV) WASTE MANAGEMENT COMP ANIES;
(11) AN ANALYSIS OF THE PO TENTIAL ENVIRONMENTA L IMPACT OF AN
EXTENDED PRODUCER RE SPONSIBILITY PROGRAM , INCLUDING THROUGH :
(I) INCREASED RECYCLING ;
(II) RESOURCE RECOVERY ;
(III) WASTE REDUCTION ; AND
(IV) REDUCED ENVIRONMENTAL DAMAGE;
(12) RECOMMENDATIONS ON TH E BEST PRACTICES TO FOLLOW FROM
SUCCESSFUL EXTENDED PRODUCER RESPONSIBIL ITY PROGRAMS IN OTHE R STATES
AND COUNTRIES; AND
(13) BASED ON THE DATA COL LECTED UNDER ITEM (3) OF THIS
SUBSECTION, A RECOMMENDATION ON A REASONABLE ANNUAL RATE PER TON OF
RECYCLED OR COMPOSTE D PACKAGING MATERIAL S, TO BE INCLUDED IN TH E
PRODUCER RESPONSIBIL ITY PLANS REQUIRED U NDER § 9–2504 OF THIS TITLE, FOR
REIMBURSING LOCAL GO VERNMENTS FOR COSTS ASSOCIATED WITH :
(I) COLLECTING PACKAGING MATERIALS THAT ARE
IDENTIFIED IN PLANS ;
(II) TRANSPORTING RECYCLAB LE OR COMPOSTABLE
PACKAGING MATERIALS IDENTIFIED IN THE PL ANS; AND
(III) PROCESSING RECYCLABLE OR COMPOSTABLE PACKA GING
MATERIALS IDENTIFIED IN THE PLANS, INCLUDING REMOVING C ONTAMINATION .
(C) ON OR BEFORE APRIL 1, 2025, AND EACH APRIL 1 EVERY 10 YEARS
THEREAFTER OR AS REC OMMENDED BY THE ADVI SORY COUNCIL , THE OFFICE
SHALL REPORT ON THE RESULT S OF THE MOST RECENT ASSESSMENT CONDUCTED
UNDER THIS SECTION T O THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF
THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.
Ch. 465 2023 LAWS OF MARYLAND
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(D) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER THIS SECTION ,
THE OFFICE INDEPENDENT CONSULTA NT SHALL CONSULT WITH P RODUCER
RESPONSIBILITY ORGAN IZATIONS, THE PRODUCER RESPONS IBILITY PLAN
ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 OF THIS TITLE, APPROPRIATE
LOCAL GOVERNMENTAL E NTITIES, AND REGIONAL SOLID W ASTE ORGANIZATIONS IN
THE STATE.
(E) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY PRODUC ER
RESPONSIBILITY ORGAN IZATIONS TO COVER TH E COSTS ASSOCIATED W ITH
CONDUCTING THE ASSES SMENTS REQUIRED UNDE R THIS SECTION.
(2) BEFORE ESTABLISHING A ND COLLECTING A FEE UNDER
PARAGRAPH (1) OF THIS SUBSECTION , THE OFFICE SHALL:
(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND
(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT .
9–1707.
(f) (1) There is a State Recycling Trust Fund.
(2) The Fund shall consist of:
(i) The newsprint recycling incentive fee;
(ii) The telephone directory recycling incentive fee collected under §
9–1709 of this subtitle;
(iii) The covered electronic device manufacturer registration fee
collected under § 9–1728 of this subtitle;
(IV) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY
ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 25 OF THIS
TITLE;
[(iv)] (V) All fines and penalties collected under this subtitle AND §
9–2510 OF THIS TITLE;
[(v)] (VI) Money appropriated in the State budget to the Fund; and
[(vi)] (VII) Any other money from any other source accepted for the
benefit of the Fund. WES MOORE, Governor Ch. 465
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(3) The Secretary shall administer the Fund.
(4) The Treasurer shall hold the Fund separately and the Comptroller shall
account for the Fund.
(5) At the end of each fiscal year, any unspent or unencumbered balance in
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in
accordance with § 7–302 of the State Finance and Procurement Article.
(6) In accordance with the State budget, the Fund shall be used only:
(i) To provide grants to the counties to be used by the counties to
develop and implement local recycling plans;
(ii) To provide grants to counties that have addressed methods for
the separate collection and recycling of covered electronic devices in accordance with §
9–1703(c)(1) of this subtitle;
(iii) To provide grants to municipalities to be used by the
municipalities to implement local covered electronic device recycling programs; [and]
(IV) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS
SUBSECTION, TO COVER THE COSTS O F THE STATEWIDE RECY CLING NEEDS
ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS SUBTITLE;
(V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS
SUBSECTION, TO COVER THE COSTS O F PRODUCER RESPONSIB ILITY PLAN REVIEW ,
OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE; AND
[(iv)] (VI) To carry out the purposes of the land management
administration.
(7) (I) THERE SHALL BE A SEPA RATE ACCOUNT WITHIN THE FUND.
(II) THE SEPARATE ACCOUNT SHALL CONSIST OF :
1. ANY FEES COLLECTED FR OM PRODUCER
RESPONSIBILITY ORGAN IZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR
SUBTITLE 25 OF THIS TITLE; AND
2. ALL FINES AND PENALTI ES COLLECTED UNDER §
9–2510 OF THIS TITLE.
Ch. 465 2023 LAWS OF MARYLAND
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(III) THE SEPARATE ACCOUNT SHALL BE USED ONLY F OR THE
COSTS OF THE STATEWI DE RECYCLING NEEDS A SSESSMENT CONDUCTED UNDER §
9–1702.2 OF THIS SUBTITLE AND PRODUCER RESPONSIBIL ITY PLAN REVIEW ,
OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE.
[(7)] (8) (i) The Treasurer shall invest the money in the Fund in the
same manner as other State money may be invested.
(ii) Any investment earnings of the Fund shall be credited to the
General Fund of the State.
SUBTITLE 25. PRODUCER RESPONSIBILITY FOR PACKAGING MATERIALS.
9–2501.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “ADVISORY COUNCIL ” MEANS THE PRODUCER R ESPONSIBILITY PLAN
ADVISORY COUNCIL EST ABLISHED UNDER § 9–2505 9–2503 OF THIS SUBTITLE.
(C) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE
CONTAINER:
(1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL,
CARTON, POUCH, OR ASEPTIC PACKAGING , SUCH AS A DRINK BOX , OR OF
MULTIMATERIALS ; AND
(2) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS.
(D) (C) “LOCAL GOVERNMENT ” MEANS:
(1) A COUNTY; OR
(2) A MUNICIPALITY.
(D) “MATERIALS RECYCLING F ACILITY” MEANS A FACILITY THA T RECEIVES
RECYCLABLE MATERIALS FOR MECHANICAL OR MA NUAL SORTING INTO
SPECIFICATION–GRADE COMMODITIES FO R SALE TO A BROKER O R END MARKET .
(E) (D) “ORGANICS RECYCLING ” AND “ORGANICS RECYCLING F ACILITY”
HAVE THE MEANINGS HAS THE MEANING STATED IN § 9–1701 OF THIS TITLE.
WES MOORE, Governor Ch. 465
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(F) “PACKAGING MATERIAL WA STE” MEANS THE PERCENTAGE OF THE
TOTAL WEIGHT OF PACK AGING MATERIALS SOLD OR DISTRIBUTED IN TH E STATE
THAT ARE NOT RECYCLE D, REUSED, OR COMPOSTED .
(E) (G) (E) (1) “PACKAGING MATERIALS ” MEANS, REGARDLESS OF
RECYCLABILITY , ANY PART OF A PACKAG E OR CONTAINER , INCLUDING MATERIAL
THAT IS USED FOR THE CONTAINMENT , PROTECTION , HANDLING, DELIVERY, AND
PRESENTATION OF A PR ODUCT THAT IS SOLD , OFFERED FOR SALE , IMPORTED, OR
DISTRIBUTED IN THE STATE.
(2) “PACKAGING MATERIALS ” INCLUDES:
(I) PRIMARY, SECONDARY , AND TERTIARY PACKAGI NG
INTENDED FOR THE CON SUMER MARKET ;
(II) SERVICE PACKAGING DES IGNED AND INTENDED T O BE
FILLED AT THE POINT OF SALE, INCLUDING:
1. CARRY–OUT BAGS;
2. BULK GOODS BAGS ; AND
3. TAKE–OUT AND HOME DELIVER Y FOOD SERVICE
PACKAGING; AND
(III) BEVERAGE CONTAINERS .
(3) “PACKAGING MATERIALS ” DOES NOT INCLUDE ANY INCLUDE:
(I) ANY PART OF A PACKAGE OR CONTAINER THAT IS SO LD OR
SUPPLIED IN CONNECTI ON WITH:
(I) 1. A PESTICIDE PRODUCT RE GULATED BY THE FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT UNDER 7 U.S.C. § 136 ET SEQ.
OR ANY OTHER APPLICA BLE FEDERAL LAW , RULE, OR REGULATION ;
(II) 2. A FEDERALLY REGULATED DRUG, MEDICAL DEVICE ,
BIOLOGIC, OR DIAGNOSTIC, OR DIETARY SUPPLEMEN T INCLUDING ITEMS INTE NDED
FOR ANIMALS; OR
(III) 3. A MEDICAL PRODUCT THAT IS REQUIRED TO BE
STERILE OR ENCLOSED IN PACKAGING WITH TA MPER–RESISTANT SEALS TO
PROTECT PUBLIC HEALTH , INCLUDING MEDICAL PR ODUCTS INTENDED FOR
ANIMALS; OR Ch. 465 2023 LAWS OF MARYLAND
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(II) LIQUEFIED PETROLEUM G AS CONTAINERS THAT A RE
DESIGNED TO BE REFIL LED.
(F) (H) (F) (1) “PRODUCER” MEANS A PERSON THAT IS RESPONSIBLE FOR
COMPLYING WITH THIS SUBTITLE UNDER § 9–2503 OF THIS SUBTITLE:
(I) WITH RESPECT TO PACKA GING MATERIALS USED TO
DIRECTLY PROTECT OR CONTAIN A PRODUCT SO LD, OFFERED FOR SALE , OR
DISTRIBUTED IN THE STATE:
1. A. HAS LEGAL OWNERSHIP O F THE BRAND OF THE
PRODUCT UNDER WHICH THE PRODUCT IS SOLD; OR
B. IS THE MANUFACTURER O F THE PRODUCT , IF THE
PRODUCT IS SOLD IN P ACKAGING MATERIALS T HAT LACK IDENTIFICAT ION OF THE
BRAND;
2. IS THE LICENSEE OF TH E BRAND OR TRADEMARK
UNDER WHICH THE PROD UCT IS SOLD, WHETHER OR NOT THE T RADEMARK IS
REGISTERED IN THE STATE, IF THE PRODUCT IS MA NUFACTURED BY A PERS ON
OTHER THAN THE BRAND OWNERS; OR
3. IS THE PERSON THAT IM PORTS THE PRODUCT IN TO
THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT SELLS, OFFERS
FOR SALE, OR DISTRIBUTES THE I TEM IN THE STATE, IF THERE IS NO PERSO N
DESCRIBED IN SUBSUBP ARAGRAPHS 1 AND 2 OF THIS SUBPARAGRAPH ; AND
(II) WITH RESPECT TO PACKA GING MATERIALS USED TO SHIP A
PRODUCT TO A CONSUME R IN THE STATE, IS THE PERSON THAT P ACKAGES AND
SHIPS THE PRODUCT .
(2) “PRODUCER” DOES NOT INCLUDE :
(I) A LOCAL GOVERNMENT ;
(II) A NONPROFIT CHARITABLE ORGANIZATION ; OR
(III) AN ENTITY THAT MANUFA CTURES A DRUG OR DEV ICE
AUTHORIZED FOR SALE BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT;
WES MOORE, Governor Ch. 465
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(IV) AN ENTITY THAT GENERA TED LESS THAN $5,000,000 IN
GROSS REVENUE DURING THE IMMEDIATELY PREC EDING CALENDAR YEAR ;
(V) AN ENTITY THAT SOLD , OFFERED FOR SALE , OR
DISTRIBUTED FOR SALE IN THE STATE DURING THE IMME DIATELY PRECEDING
CALENDAR YEAR LESS T HAN 1 METRIC TON OF PACKAG ING MATERIALS;
(VI) 1. AN ENTITY THAT OWNS O R OPERATES A RESTAUR ANT,
FOOD CART, OR SIMILAR ESTAB LISHMENT THAT :
A. IS HEADQUARTERED IN T HE STATE; AND
B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD
THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE
NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND
2. IS NOT A PRODUCER OF FOOD SERVICEWARE ;
(VII) AN ENTITY THAT OWNS O R OPERATES A SINGLE RETAIL
SALES ESTABLISHMENT THAT:
1. HAS NO ONLINE SALES ; AND
2. IS NOT SUPPLIED OR OP ERATED AS PART OF A
FRANCHISE OR A CHAIN ; OR
(VIII) 1. AN ENTITY THAT IS LICENSED UNDER TITLE 2 OF THE
ALCOHOLIC BEVERAGES ARTICLE; AND
2. GENERATED LESS THAN $10,000,000 IN GROSS
REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR ; OR
(IX) AN ENTITY THAT HAS EX ECUTED AN AGREEMENT WITH
ANOTHER ENTITY , UNDER WHICH THE OTHER ENTI TY HAS AGREED TO ASS UME
RESPONSIBILITY UNDER A PRODUCER RESPONSIB ILITY PROGRAM FOR AN Y
PACKAGING MATERIALS ATTRIBUTABLE TO THE FIRST ENTITY.
(G) (I) “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS:
(1) A PRODUCER THAT INDIVI DUALLY SUBMITS A PRODUCER
RESPONSIBILITY PLAN TO THE DEPARTMENT UNDER § 9–2504 OF THIS SUBTITLE ;
OR
Ch. 465 2023 LAWS OF MARYLAND
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(2) (G) A “PRODUCER RESPONSIBILI TY ORGANIZATION ” MEANS A
NONPROFIT ORGANIZATI ON THAT IS:
(I) (1) EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE
INTERNAL REVENUE CODE; AND
(II) (2) CREATED BY A GROUP OF PRODUCERS TO
IMPLEMENT A PRODUCER RESPONSIBIL ITY PLAN IN ACCORDAN CE WITH § 9–2504(A)
OF THIS SUBTITLE REPRESENT THE INTERE STS OF PRODUCERS UND ER THIS
SUBTITLE.
(H) (J) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING
MATERIALS PRODUCER R ESPONSIBILITY PLAN S UBMITTED TO THE DEPARTMENT
BY A PRODUCER OR PRO DUCER RESPONSIBILITY ORGANIZATION IN ACCO RDANCE
WITH § 9–2504 OF THIS SUBTITLE.
9–2502.
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SU BTITLE PROVIDE
A FRAMEWORK FOR :
(1) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS
IN THE STATE, INCLUDING BY FACILIT ATING:
(I) THE IMPROVEMENT OF RE USE, ORGANICS RECYCLING , AND
RECYCLING;
(II) THE IMPROVEMENT OF RE CYCLING MARKETS ;
(III) THE REDUCTION OF WAST E; AND
(IV) AN INCREASE IN RECYCL ING RATES; AND
(2) REIMBURSING LOCAL GOV ERNMENTS FOR COSTS A SSOCIATED
WITH TRANSPORTING , COLLECTING, AND PROCESSING PACKA GING MATERIALS .
9–2503.
(A) (1) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD IN PACKAGING
MATERIALS AT A PHYSI CAL RETAIL LOCATION IN THE STATE.
(II) IF THE ITEM IS SOLD U NDER THE MANUFACTURE R’S OWN
BRAND OR IS SOLD IN PACKAGING MATERIALS THAT LACK IDENTIFICA TION OF A WES MOORE, Governor Ch. 465
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BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON THAT
MANUFACTURES THE ITE M.
(III) IF THE ITEM IS MANUFA CTURED BY A PERSON O THER THAN
THE BRAND OWNER , THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON
THAT IS THE LICENSEE OF A BRAND OR TRADEM ARK UNDER WHICH AN I TEM IS SOLD,
OFFERED FOR SA LE, OR DISTRIBUTED IN TH E STATE, WHETHER OR NOT THE
TRADEMARK IS REGISTE RED IN THE STATE.
(IV) IF THERE IS NO PERSON DESCRIBED IN SUBPARA GRAPHS
(II) OR (III) OF THIS PARAGRAPH LO CATED WITHIN THE UNITED STATES, THE
PRODUCER OF THE PACK AGING MATERIALS I S THE PERSON THAT IM PORTS THE
ITEM INTO THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT
SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE I TEM IN THE STATE.
(2) (I) THIS PARAGRAPH APPLIE S TO ITEMS SOLD OR
DISTRIBUTED IN PACKA GING MATERIALS IN TH E STATE THROUGH REMOTE S ALE OR
DISTRIBUTION.
(II) THE PRODUCER OF THE P ACKAGING MATERIALS U SED TO
DIRECTLY PROTECT OR CONTAIN THE ITEM IS THE SAME AS THE PROD UCER
ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION .
(III) THE PRODUCER OF THE P ACKAGING MATERIALS USED TO
SHIP THE ITEM TO A C ONSUMER IS THE PERSO N THAT PACKAGES AND SHIPS THE
ITEM TO THE CONSUMER .
(IV) FOR ANY PACKAGING MAT ERIALS NOT IDENTIFIE D UNDER
SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , THE PRODUCER OF THE
PACKAGING MATERIALS IS THE PERSON THAT F IRST DISTRIBUTES THE PACKAGED
ITEM IN THE STATE.
(B) THIS SUBTITLE DOES NO T APPLY TO A PERSON THAT:
(1) (I) GENERATED LESS THAN $5,000,000 IN GROSS REVENUE
DURING THE IMMEDIATE LY PRECEDING CALENDA R YEAR;
(II) SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR S ALE IN
THE STATE DURING THE IMME DIATELY PRECEDING CA LENDAR YEAR LESS THA N 1
METRIC TON OF PACKAG ING MATERIALS ;
(III) 1. OWNS OR OPERATES A RE STAURANT, FOOD CART, OR
SIMILAR ESTABLISHMEN T THAT:
Ch. 465 2023 LAWS OF MARYLAND
– 16 –
A. IS HEADQUARTERED IN T HE STATE; AND
B. PRIMARILY SELLS TO ME MBERS OF THE PUBLIC FOOD
THAT IS GENERALLY IN TENDED TO BE CONSUME D IMMEDIATELY AND WI THOUT THE
NEED FOR FURTHER PRE PARATION, EITHER ON OR OFF THE PREMISES; AND
2. IS NOT A PRODUCER OF FOOD SERVICEWARE ;
(IV) OWNS OR OPERATES A SI NGLE RETAIL SALES
ESTABLISHMENT THAT :
1. HAS NO ONLINE SALES ; AND
2. IS NOT SUPPLIED OR OP ERATED AS PART OF A
FRANCHISE OR A CHAIN ; OR
(V) 1. IS LICENSED UNDER TITLE 2 OF THE ALCOHOLIC
BEVERAGES ARTICLE; AND
2. GENERATED LESS THAN $10,000,000 IN GROSS
REVENUE DURING THE I MMEDIATELY PRECEDING CALENDAR YEAR ; AND
(2) ON REQUEST BY THE DEPARTMENT , PROVIDES TO THE
DEPARTMENT SUFFICIENT INFORMATION TO DEMON STRATE THAT THE PROD UCER
MEETS THE CONDITIONS OF THIS SECTION.
(C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF THE STATE OR A
LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAG ING
MATERIAL.
(D) THIS SUBTITLE DOES NO T PROHIBIT A PRODUCE R RESPONSIBILITY
ORGANIZATION FROM ES TABLISHING A DEPOSIT –RETURN SYSTEM AS ONE
STRATEGY FOR INCREAS ING THE CAPTURE AND RECYCLING OF BEVERAG E
CONTAINERS OR OTHER PACKAGING MATERIALS .
(D) THIS SUBTITLE MAY NOT BE CONSTRUED TO :
(1) PROHIBIT A LOCAL GOVE RNMENT OR ANY OTHER ENTITY FROM
SELLING RECYCLED MAT ERIALS OR COMPOST TO END MARKE TS AND RETAINING
THE REVENUES FROM TH OSE SALES;
WES MOORE, Governor Ch. 465
– 17 –
(2) AFFECT THE AUTHORITY OF A PUBLICLY OR PRI VATELY OWNED
MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLING FACILITY T O
DETERMINE WHICH ENTI TIES MAY USE THE FAC ILITY; OR
(3) LIMIT THE ABILITY OF LOCAL GOVERNMENTS , MATERIALS
RECYCLING FACILITIES , OR ORGANICS RECYCLIN G FACILITIES TO MAKE DECISIONS
ON RECYCLING INFRAST RUCTURE PURCHASES , INCLUDING PROCESSING
EQUIPMENT.
9–2504.
(A) (1) ON OR BEFORE JUNE 30, 2024, THE DEPARTMENT SHALL
APPROVE A SINGLE PRO DUCER RESPONSIBILITY ORGANIZATION TO FULF ILL THE
REQUIREMENTS OF THIS SUBSECTION.
(2) (I) BEGINNING JULY 1, 2024, AND EACH YEAR THEREA FTER, A
THE PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL FILE A REGISTRATI ON
FORM WITH THE DEPARTMEN T.
(II) THE REGISTRATION FORM SHALL INCLUDE :
1. A LIST OF THE RESPONSI BLE PARTIES PRODUCERS
PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ;
2. A LIST OF THE BRANDS O F EACH RESPONSIBLE P ARTY
PRODUCER PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ;
3. A LIST OF THE COVERED MATERIALS OF EACH
RESPONSIBLE PARTY PRODUCER PARTICIPATING IN THE PRODUCER
RESPONSIBILITY ORGAN IZATION; AND
4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION
OF A PERSON RESPONSIBLE FOR ENSURING THE PRODUCE R RESPONSIBILITY
ORGANIZATION ’S AND THE MEMBER RES PONSIBLE PARTIES ’ PRODUCERS ’
COMPLIANCE WITH THIS SUBTITLE.
(III) AT SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT
THE TIME OF FILING T HE REGISTRATION FORM , A THE PRODUCER RESPONSIBIL ITY
ORGANIZATION SHALL P AY TO THE DEPARTMENT AN ANNUAL REGISTRATION FEE
TO COVER THE COSTS O F RECORD KEEPING , NOT TO EXCEED $1,000.
(IV) AT THE TIME OF THE IN ITIAL SUBMISSION OF THE
REGISTRATION FORM BY A THE PRODUCER RESPONSIB ILITY ORGANIZATION , THE
ORGANIZATION SHALL H AVE 60 DAYS TO PAY TO THE DEPARTMENT THE ESTIMA TED Ch. 465 2023 LAWS OF MARYLAND
– 18 –
COST OF CONDUCTING T HE INITIAL STATEWIDE RECYCLING NEEDS ASSE SSMENT
REQUIRED UNDER § 9–1702.2 OF THIS TITLE.
(V) IF MORE THAN ONE PROD UCER RESPONSIBILITY
ORGANIZATION REGISTE RS WITH THE DEPARTMENT , THE DEPARTMENT SHALL
EQUALLY DIVIDE THE C OST OF THE STATEWIDE RECYCLING NEEDS ASSE SSMENT.
(3) BEFORE ESTABLISHING A ND COLLECTING AN ANN UAL
REGISTRATION FEE UND ER PARAGRAPH (2)(III) OF THIS SUBSECTION , THE
DEPARTMENT SHALL :
(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND
(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT .
(4) (I) ON OR AFTER JULY 1, 2030, A NONPROFIT ORGANIZA TION
MAY REQUEST THAT THE DEPARTMENT DESIGNATE THE NONPROFIT
ORGANIZATION AS AN ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION.
(II) THE DEPARTMENT MAY DESIGN ATE A NONPROFIT
ORGANIZATION AS AN A DDITIONAL PRODUCER R ESPONSIBILITY ORGANI ZATION IF
THE DEPARTMENT DETERMINES , IN COORDINATION WITH THE ADVISORY COUNCIL
ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE , THAT THE DESIGNATION OF THE
ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION IS NECESSARY TO:
1. INCREASE RECYCLING RA TES; OR
2. IMPROVE RECYCLING SER VICES FOR A SPECIFIC
TYPE OF PACKAGING MA TERIAL.
(III) IF THE DEPARTMENT APPROVES THE DESIGNATION OF AN
ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION UNDER THIS
SUBSECTION, THE PRODUCER RESPONS IBILITY ORGANIZATION SHALL:
1. NOT LATER THAN 30 DAYS AFTER BEING APP ROVED
BY THE DEPARTMENT AND ON OR BEFORE JULY 1 EACH YEAR THEREAFTER , FILE A
REGISTRATION FORM WI TH THE DEPARTMENT CONTAINING THE INFORMATION
REQUIRED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION A ND PAY THE ANNUAL
REGISTRATION FEE DES CRIBED IN PARAGRAPH (2)(III) OF THIS SUBSECTION ; AND
2. COORDINATE WITH THE PRODUCER RESPONS IBILITY
ORGANIZATION ESTABLI SHED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE
DEPARTMENT , AND LOCAL GOVERNMENT S TO ENSURE THAT : WES MOORE, Governor Ch. 465
– 19 –
A. RECYCLING SERVICES FO R RESIDENTS OF THE STATE
ARE PROVIDED IN A SE AMLESS MANNER ; AND
B. PUBLIC OUTREACH, EDUCATION, AND
COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER.
(IV) THE PRODUCER RESPONSI BILITY ORGANIZATION
ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION A ND ANY ADDITIONAL
PRODUCER RESPONSIBIL ITY ORGANIZATIONS DE SIGNATED UNDER THIS
PARAGRAPH MAY CREATE A REPRESENTATIVE ORG ANIZATION TO REPRESE NT THE
PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE
REQUIREMENTS OF THIS SUBTITLE.
(2) (B) (I) (1) ON OR BEFORE APRIL 1, 2026, AND EVERY 5
YEARS THEREAFTER , EACH PRODUCER SHALL , INDIVIDUALLY OR AS P ART OF A
PRODUCER RESPONSIBIL ITY ORGANIZATION , SUBMIT A PRODUCER
RESPONSIBILITY PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL .
(II) IF MORE THAN ONE PROD UCER RESPONSIBILITY
ORGANIZATION SUBMITS A PRODUCER RESPONSIB ILITY PLAN TO THE
DEPARTMENT :
1. THE PRODUCER RESPONSI BILITY ORGANIZATIONS
SHALL COORDINATE WIT H THE DEPARTMENT AND LOCAL GOVERNMENTS TO
ENSURE THAT :
A. RECYCLING SERVICES FO R RESIDENTS IN THE STATE
ARE PROVIDED IN A SE AMLESS MANNER ; AND
B. PUBLIC OUTREACH , EDUCATION, AND
COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER; AND
2. THE PRODUCER RESPONSI BILITY ORGANIZATIONS
MAY CREATE A REPRESE NTATIVE ORGANIZATION TO REPRESENT ALL
PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE
REQUIREMENTS OF THIS SUBTITLE.
(III) (2) BEFORE SUBMITTING THE PLAN REQUIRED UNDER
THIS SUBSECTION TO T HE DEPARTMENT , A PRODUCER OR PRODUC ER
RESPONSIBILITY ORGAN IZATION SHALL:
1. (I) CONSULT WITH THE ADVI SORY COUNCIL
ESTABLISHED UNDER § 9–2505 OF THIS SUBTITLE; AND Ch. 465 2023 LAWS OF MARYLAND
– 20 –
2. (II) CONSIDER THE WRITTEN RECOMMENDATIONS OF
THE ADVISORY COUNCIL PROVIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND
RESPOND IN WRITING T O THE ADVISORY COUNC IL.
(3) (I) ON EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , ON OR AFTER A DATE ESTA BLISHED IN REGULATIO NS ADOPTED BY THE
DEPARTMENT UNDER § 9–2509 OF THIS SUBTITLE , A PRODUCER MAY NOT S ELL,
OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION PACKA GING
MATERIALS FOR USE IN THE STATE UNLESS THE PRODUCER , INDIVIDUALLY OR AS
PART OF A PRODUCER R ESPONSIBILITY ORGANI ZATION, HAS AN APPROVED
PRODUCER RESPONSIBIL ITY PLAN ON FILE WIT H THE DEPARTMENT .
(II) A PRODUCER IS NOT REQU IRED TO SUBMIT A PRO DUCER
RESPONSIBILITY PLAN TO THE DEPARTMENT , INDIVIDUALLY OR AS PART OF A
PRODUCER RESPONSIBIL ITY ORGANIZATION , IF ANOTHER PERSON HA S AGREED TO
ASSUME RESPONSIBILIT Y UNDER THIS SUBTITL E FOR ANY PACKAGING MATERIAL
SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN OR INTO THE STATE BY THAT
PRODUCER.
(B) (C) A PRODUCER RESPONSIBIL ITY PLAN SHALL:
(1) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, INCLUDING
THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND THE
PRODUCER RESPONSIBIL ITY ORGANIZATION ;
(2) IDENTIFY EACH BRAND O F PACKAGING MATERIAL S COVERED BY
THE PLAN;
(3) REQUIRE, IN ACCORDANCE WITH S UBSECTION (C) (D) OF THIS
SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST
VERSION OF THE PLAN IS APPROVED AND ESTA BLISH THE FOLLOWING
PERFORMANCE GOALS , AS RELEVANT, FOR EACH PACKAGING MATERIAL T YPE:
(I) POSTCONSUMER RECYCLED CONTENT GOALS ;
(II) RECYCLABILITY AND REC YCLING RATE GOALS ;
(III) REUSE GOALS;
(IV) PACKAGING REDUCTION G OALS;
WES MOORE, Governor Ch. 465
– 21 –
(V) COMPOST ACCESS OR COM POST RATE GOALS , IF
APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ;
(VI) CONTAMINATION REDUCTI ON RATE GOALS ;
(VII) GREENHOUSE GAS REDUCT ION GOALS; AND
(VIII) ANY OTHER GOAL THAT R EDUCES PACKAGING MAT ERIAL
WASTE AND IS JUSTIFI ED IN THE PLAN;
(4) REQUIRE EACH PARTICIP ATING PRODUCER PRODUCERS TO
REDUCE ALL PACKAGING MATERIAL WASTE TO TH E MAXIMUM EXTENT
PRACTICABLE , AND BY NOT LESS THAN 25% FOR EACH PACKAGING M ATERIAL TYPE,
WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST V ERSION OF THE PLAN I S
APPROVED;
(5) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (D) (E) OF THIS
SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE PLAN ;
(6) DESCRIBE HOW THE PERF ORMANCE GOALS ESTABL ISHED UNDER
ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED;
(7) DESCRIBE HOW STAKEHOL DER COMMENTS WERE CO NSIDERED IN
THE DEVELOPMENT OF T HE PLAN;
(8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E
IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED;
(9) DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG
MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN
WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUCT DESIG N AND
PROGRAM INNOVATIONS ;
(10) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN FOR
PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT
THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL:
(I) PROMOTE THE RESPONSIB LE END–OF–LIFE MANAGEMENT
OF PACKAGING MATERIA LS;
(II) PROVIDE INFORMATION O N HOW TO PREVENT LIT TER OF
PACKAGING MATERIALS ;
Ch. 465 2023 LAWS OF MARYLAND
– 22 –
(III) PROVIDE RECYCLING AND ORGANICS RECYCLI NG
INSTRUCTIONS THAT AR E, TO THE EXTENT PRACTI CABLE:
1. CONSISTENT STATEWIDE , TAKING INTO ACCOUNT
DIFFERENCES AMONG LO CAL LAWS AND PROCESS ING CAPABILITIES;
2. EASY TO UNDERSTAND ; AND
3. EASILY ACCESSIBLE ; AND
(IV) PROVIDE FOR OUTREACH AND EDUCATION THAT A RE:
1. DESIGNED TO ACHIEVE P ACKAGING MATERIALS
MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF
CONTAMINATION OF PAC KAGING MATERIALS ;
2. COORDINATED ACROSS PR OGRAMS TO AVOID
CONFUSION FOR CO NSUMERS; AND
3. DEVELOPED IN CONSULTA TION WITH LOCAL
GOVERNMENTS AND OTHE R STAKEHOLDERS ;
(11) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) (F) OF THIS
SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING REUSE ,
ORGANICS RECYCLING , AND RECYCLING IN THE STATE;
(12) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT MAY
REQUEST REIMBURSEMEN T FOR COSTS ASSOCIAT ED WITH TRANSPORTING ,
COLLECTING, AND PROCESSING PACKA GING MATERIALS THAT ARE IDENTIFIED IN
THE PLAN, INCLUDING:
(I) THE PROCESS BY WHICH THE REQUEST WILL BE REVIEWED;
(II) THE PROCESS FOR APPRO VING OR DENYING A RE QUEST
FOR REIMBURSEMENT ;
(III) THE SCHEDULE FOR PROV IDING REIMBURSEMENT THAT
INCLUDES REIMBURSEME NT ON AT LEAST A QUA RTERLY BASIS; AND
(IV) THE PROCESS FOR PROVI DING REIMBURSEMENT F OR
MULTIPLE BRANDS OF P ACKAGING MATERIALS ;
(13) (I) PROVIDE THE WRITTEN R ECOMMENDATIONS FROM THE
ADVISORY COUNCIL PRO VIDED UNDER § 9–2505(G)(6) OF THIS SUBTITLE AND THE WES MOORE, Governor Ch. 465
– 23 –
PRODUCER RESPONSIBIL ITY ORGAN IZATION’S WRITTEN RESPONSE T O THE
ADVISORY COUNCIL ; AND
(II) DESCRIBE HOW THE WRIT TEN RECOMMENDATIONS FROM
THE ADVISORY COUNCIL WERE CONSIDERED AND ADDRESSED IN THE
DEVELOPMENT OF THE P LAN; AND
(14) INCLUDE ANY OTHER INF ORMATION THAT IS REQ UIRED BY THE
DEPARTMENT .
(C) (D) BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS
ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN
COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION , SHALL
ESTABLISH PERFORMANC E GOALS FOR EACH PAC KAGING MATERIAL TYPE USING A
BASELINE YEAR THAT I S INFORMED BY THE ST ATEWIDE RECYCLING NE EDS
ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GO ALS FOR EACH
PACKAGING MATERIAL T YPE, AT 5–, 10–, AND 15–YEAR INTERVALS .
(D) (E) (1) THE FINANCING METHOD THAT WILL BE USED BY A
PRODUCER RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODUCER
RESPONSIBILITY PLAN SHALL:
(I) PROVIDE THE METHOD FO R EITHER DIRECT INVE STMENTS
OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , ORGANICS
RECYCLING, AND RECYCL ING IN ACCORDANCE WI TH SUBSECTION (B)(11) (C)(11) OF
THIS SECTION;
(II) PROVIDE SUBJECT TO PARAGRAPH (2) OF THIS
SUBSECTION, PROVIDE A REASONABLE ANNUAL RATE PER TON OF RECY CLED OR
COMPOSTED PACKAGING MATERIALS FOR REIMBU RSING LOCAL GOVERNME NTS
FOR COSTS ASSOCIATED WIT H:
1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING
MATERIALS THAT ARE I DENTIFIED IN THE PLA N;
2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE
PACKAGING MATERIALS TO A RECYCLING OR MATERIALS RECYCLING FACILITY OR
AN ORGANICS RECYCLING F ACILITY;
3. PROCESSING PACKAGING MATERIALS, INCLUDING
REMOVING CONTAMINATI ON; AND
4. RECYCLING PACKAGING M ATERIALS THAT ARE
DIVERTED TO BE RECYC LED OR COMPOSTED IN THE STATE CONVERTING Ch. 465 2023 LAWS OF MARYLAND
– 24 –
PACKAGING MATERIALS THAT ARE DIVERTED TO BE RECYCLED OR COMPO STED
INTO COMMODITY MATER IALS;
(III) ESTABLISH SUBJECT TO PARAGRAPH (3) OF THIS
SUBSECTION, ESTABLISH A FEE STRUCTURE FOR PARTICIPATING PRODUC ERS THAT
IS SET IN A MANNER T O COVER COSTS ASSOCI ATED WITH:
1. IMPLEMENTING THE PLAN, INCLUDING THE
ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N;
2. REIMBURSING LOCAL GOV ERNMENTS FOR COSTS I N
ACCORDANCE WITH ITEM (II) OF THIS PARAGRAPH ;
3. THE ADMINISTRATION , REVIEW, OVERSIGHT, AND
ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ;
4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR
REDUCING PACKAGING M ATERIALS IN ACCORDAN CE WITH SUBSECTION (B)(9) (C)(9)
OF THIS SECTION; AND
5. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR
IMPROVING REUSE , ORGANICS RECYCLING , AND RECYCLING IN THE STATE IN
ACCORDANCE WITH SUBS ECTION (B)(11) (C)(11) OF THIS SECTION;
(IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE
PARTICIPATING PRODUC ERS TO ENGAGE IN WAS TE REDUCTION AND REC YCLING
ACTIVITIES; AND
2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE
DESIGNS OR PRACTICES THAT INCREASE THE CO ST OF MANAGING PACKA GING
MATERIALS;
(V) BE EVALUATED BY AN IN DEPENDENT FINANCIAL AUDITOR,
AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THAT THE C OSTS OF
IMPLEMENTING THE PLA N ARE COVERED ; AND
(VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE
DEPARTMENT BY REGULAT ION.
(2) THE REIMBURSEMENT RAT E ESTABLISHED UNDER PARAGRAPH
(1)(II) OF THIS SUBSECTION S HALL BE:
(I) BASED ON: WES MOORE, Governor Ch. 465
– 25 –
1. THE POPULATION SIZE O F A LOCAL JURISDICTI ON;
2. THE DISTANCE TO THE NEAR EST RECYCLING OR
ORGANICS RELEVANT MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLIN G
FACILITY;
3. THE COMMODITY VALUE O F RECYCLED PACKAGING
MATERIALS; AND
4. ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS
DETERMINED BY THE DEPARTMENT ; AND
(II) DISCOUNTED EQUIVALENT TO THE ESTIMATED ANN UAL
VOLUME OF PACKAGING MATERIALS SOLD IN TH E STATE TO BY A PERSON THAT IS
EXEMPT FROM THE REQU IREMENTS OF THIS SUB TITLE UNDER § 9–2503(B) OF THIS
SUBTITLE.
(3) (I) BEFORE ESTABLISHING THE FEE STRUCTURE FO R
PARTICIPATING PRODUC ERS UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION , THE
PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL:
1. PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND
2. ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT .
(II) THE FEE STRUCTURE ESTABLIS HED UNDER PARAGRAPH
(1)(III) OF THIS SUBSECTION S HALL BE VARIABLE BAS ED ON:
(I) 1. COSTS ASSOCIATED WITH TRANSPORTING ,
COLLECTING, AND PROCESSING PACKA GING MATERIALS ;
(II) 2. AN ECO–MODULATION OF FEES , INCLUDING
ESTABLISHING :
1. A. A HIGHER FEE FOR PACKA GING MATERIALS
WITH LOW RECYCLABILITY OR RECYCLED CONTENT ; AND
2. B. A DISCOUNTED FEE FOR P ACKAGING
MATERIALS WITH HIGH RECYCLABIL ITY OR RECYCLED CONT ENT; AND
(III) 3. ANY OTHER FACTOR , AS DETERMINED BY THE
DEPARTMENT .
Ch. 465 2023 LAWS OF MARYLAND
– 26 –
(4) (I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL
RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN AC COUNT.
(II) THE DEPARTMENT MAY REQUES T AT ANY TIME AN AUD IT OF
THE FINANCIAL RECORD S OF A PRODUCER RESP ONSIBILITY ORGANIZATION .
(E) (F) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE,
ORGANICS RECYCLING , AND RECYCLING SHALL INCLUDE INVESTMENT I N MARKET
DEVELOPMENT AND EXIS TING AND FUTURE REUS E, ORGANICS RECYCLING , AND
RECYCLING INFRASTRUC TURE, GIVING PRIORITY TO INVESTMENT IN EXISTI NG
INFRASTRUCTURE , INCLUDING:
(1) INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE THE
SORTING OF PACKAGING MATERIALS AT EXISTIN G SORTING AND PROCES SING
FACILITIES;
(2) MITIGATING THE IMPACT S OF PACKAGING MATER IALS ON OTHER
COMMODITI ES AT EXISTING SORTI NG AND PROCESSING FA CILITIES; AND
(3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT,
AND FACILITIES, BASED ON THE RESULTS OF THE STATEWIDE REC YCLING NEEDS
ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS TITLE.
(F) (G) THE DEPARTMENT SHALL REVI EW:
(1) THE PRODUCER RESPONSI BILITY PLAN REQUIRED UNDER
SUBSECTION (A) OF THIS SECTION; AND
(2) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL AUDITOR
DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF
THE PRODUCE R RESPONSIBILITY PLA N UNDER SUBSECTION (D)(1)(V) (E)(1)(V) OF
THIS SECTION.
(G) (H) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED
PRODUCER RESPONSIBIL ITY PLAN, THE DEPARTMENT SHALL APPR OVE, APPROVE
WITH CONDITIONS , OR REJECT THE PLAN .
(2) IN MAKING A DETERMINATION UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER :
(I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH
THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING
METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND WES MOORE, Governor Ch. 465
– 27 –
(II) THE PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED
SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN
DEVELOPING THE PLAN .
(3) NOT LATER THAN 60 DAYS AFTER THE DATE A PRODUCER
RESPONSIBILITY PLAN IS INITIALLY APPROVED UNDER THIS SECTION, A PRODUCER
RESPONSIBILITY ORGAN IZATION SHALL PAY TO THE DEPARTMENT :
(I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; AND
(II) THE DEPARTMENT ’S ESTIMATED COSTS OF
ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITIAL
DATE OF APPROVAL AND THE DATE OF THE INIT IAL ANNUAL REPORT RE QUIRED
UNDER § 9–2507 OF THIS SUBTITLE.
(H) (I) WITHIN 6 MONTHS AFTER THE DAT E A PRODUCER
RESPONSIBILITY PLAN IS APPROVED UNDER TH IS SECTION, A PRODUCER
RESPONSIBILITY ORGANIZATION SHALL I MPLEMENT THE PLAN .
(I) (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER
RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS.
(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINUE AFTER 5
YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE
DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE.
(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PROD UCER
RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE.
(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PROD UCER
RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE
PRODUCER, OR IF APPLICABLE , THE PRODUCER RESPONS IBILITY ORGANIZATION
MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN
ACCORDANCE WITH THIS SU BTITLE.
(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507
OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION
(B)(3) (C)(3) OF THIS SECTION HAVE NOT BEEN ACHIEVED , THE DEPARTMENT MAY :
(I) REQUIRE THAT A PRODUCER RESPONSIB ILITY
ORGANIZATION AMEND T HE PRODUCER RESPONSI BILITY PLAN; AND
Ch. 465 2023 LAWS OF MARYLAND
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(II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRO DUCER
RESPONSIBILITY ORGAN IZATION IN ACCORDANC E WITH § 9–2510(C) OF THIS
SUBTITLE.
(6) IF THE DEPARTMENT REQUIRES A PRODUCER RESPONSIBILITY
ORGANIZATION TO AMEN D THE PRODUCER RESPO NSIBILITY PLAN UNDER
PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER RESPONS IBILITY
ORGANIZATION MUST CO VER THE COST OF THE DEPARTMENT ’S REVIEW AND
SUPPLEMENTAL WORK ON THE PLAN.
9–2505.
9–2502.
ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL APPR OVE A
SINGLE PRODUCER RESP ONSIBILITY ORGANIZAT ION TO REPRESENT THE INTERESTS
OF PRODUCERS UNDER T HIS SUBTITLE.
9–2503.
(A) THERE IS A PRODUCER R ESPONSIBILITY PLAN ADVISORY COUNCIL .
(B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO PROVIDE ADVICE TO
THE DEPARTMENT AND PRODUC ER RESPONSIBILITY OR GANIZATIONS FOR
DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS
AND MAKE RECOMMENDAT IONS REGARDING ESTAB LISHING AND IMPLEMEN TING A
PRODUCER RESPONSIBILI TY PROGRAM IN THE STATE FOR PACKAGING M ATERIALS.
(C) (1) THE ADVISORY COUNCIL SHALL CONSIST OF UP TO 21 MEMBERS,
APPOINTED BY THE SECRETARY SECRETARY, REPRESENTING A BROAD RANGE OF
INTERESTED STAKEHOLD ERS APPOINTED BY THE SECRETARY, INCLUDING:
(I) REPRESENTATIVES FROM THE FOLLOWING INDUST RIES OR
ENTITIES IN THE STATE:
1. LOCAL GOVERNMENT AGEN CIES RESPONSIBLE FOR
RECYCLING PROGRAMS ;
2. RECYCLABLES AND COMPO STABLE MATERIALS
COLLECTORS FROM BOTH THE PUBLIC AND PRIVATE SECT ORS;
3. RECYCLING PROCESSORS FROM BOTH THE PUBLIC
AND PRIVATE SECTORS ; WES MOORE, Governor Ch. 465
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4. ORGANICS RECYCLING PR OCESSORS;
5. THE PRODUCERS FROM THE CONSUMER GOODS
SECTOR;
6. RETAIL AND SMALL BUSI NESSES; AND
7. MATERIAL–ORIENTED TRADE GROUP S;
(II) A REPRESENTATIVE FROM EACH THE PRODUCER
RESPONSIBILITY ORGAN IZATION APPROVED BY THE DEPARTMENT UNDER § 9–2502
OF THIS SUBTITLE;
(III) REPRESENTATIVES OF AT LEAST TWO NONPROFIT
ORGANIZATIONS IN THE STATE WITH MISSIONS R ELATED TO REDUCING W ASTE;
(IV) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRON MENTAL
ADVOCACY ORGANIZATIO N;
(V) AT LEAST ONE REPRESEN TATIVE OF AN ENVIRONMENTAL
JUSTICE ADVOCACY ORGANIZATIO N THAT ADVOCATES ON BE HALF OF
OVERBURDENED OR UNDE RSERVED COMMUNITIES , AS DEFINED IN § 1–701 OF THIS
ARTICLE; AND
(VI) AT LEAST TWO MEMBERS OF THE PUBLIC WHO RE SIDE IN
THE STATE.
(2) IN APPOINTING MEMBERS TO THE ADVISORY COUN CIL, THE
SECRETARY SHALL , TO THE EXTENT PRACTI CABLE, ENSURE THAT THE
MEMBERSHIP OF THE AD VISORY COUNCIL REPRE SENTS:
(I) ALL GEOGRAPHIC REGION S OF THE STATE;
(II) LARGE AND SMALL COUNT IES AND MUNICIPALITI ES; AND
(III) THE VARIABILITY IN HO W WASTE AND RECYCLAB LE AND
COMPOSTABLE MATERIAL S ARE COLLECTED AND PROCESSED IN THE STATE.
(3) A REPRESENTATIVE F ROM A PRODUCER OR A PRODUCER
RESPONSIBILITY ORGAN IZATION MAY NOT SERV E AS A VOTING MEMBER OR AS
COCHAIR OF THE ADVIS ORY COUNCIL.
Ch. 465 2023 LAWS OF MARYLAND
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(4) (I) THE TERM OF A MEMBER IS 4 YEARS AND A MEMBER M AY BE
REAPPOINTED .
(II) THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY
THE TERMS PROVIDED F OR MEMBERS OF THE AD VISORY COUNCIL ON OCTOBER 1,
2023.
(III) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES.
(IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
AND QUALIFIES.
(D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY
SHALL DESIGNATE TWO REPRESENTATIVES TO S ERVE AS COCHAIRS .
(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE ADVISORY COUNCIL .
(F) A MEMBER OF THE ADVISO RY COUNCIL:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
ADVISORY COUNCIL ; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
(F) (G) THE ADVISORY COUNCIL SHALL MEET AT LEAST QUARTERLY THE
REQUEST OF THE SECRETARY.
(G) (H) (1) THE ADVISORY COUNCIL SHALL: EVALUATE AND MAKE
RECOMMENDATIONS , INCLUDING LEGISLATIV E RECOMMENDATIONS , ON HOW TO
EFFECTIVELY ESTABLIS H AND IMPLEMENT A PRODUCER RESPONSIBILITY PROGR AM
IN THE STATE FOR PACKAGING M ATERIALS.
(2) IN MAKING RECOMMENDAT IONS UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE ADVISORY COUNCIL SHALL INCLUDE RECOMM ENDATIONS
REGARDING THE RESPON SIBILITIES OF PRODUC ERS UNDER A PRODUCER
RESPONSIBILITY PROGR AM.
(I) ON OR BEFORE DECEMBER 1, 2024, THE ADVISORY COUNCIL SHALL
REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE WES MOORE, Governor Ch. 465
– 31 –
COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT AND THE HOUSE
ENVIRONMENT AND TRANSPORTATION COMMITTEE.
(1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY
ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A
PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 9–2504 OF THIS SUBTITLE;
(2) RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS
SUBMITTED IN ACCORDA NCE WITH § 9–2504 OF THIS SUBTITLE;
(3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN
ACCORDANCE WITH § 9–2507 OF THIS SUBTITLE;
(4) MAKE RECOMMENDATIONS TO T HE DEPARTMENT REGARDING
PRODUCER RESPONSIBIL ITY PLAN APPROVAL ;
(5) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND
PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE GARDING PRODUCER
RESPONSIBILITY PLAN IMPLEMENTATION ; AND
(6) PROVIDE WRITTEN RECOMMENDATIONS REGA RDING THE
PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN
APPROVED PLAN , TO A PRODUCER RESPON SIBILITY ORGANIZATIO N BEFORE THE
PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE
DEPARTMENT .
9–2506.
(A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER
RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER
RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT , AND ANY OTHER
REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT M AY
REQUEST REIMBU RSEMENT FROM A PRODU CER RESPONSIBILITY O RGANIZATION
FOR COSTS ASSOCIATED WITH COLLECTING , TRANSPORTING , AND PROCESSING
PACKAGING MATERIALS THAT ARE IDENTIFIED UNDER THE PLAN , INCLUDING COSTS
ASSOCIATED WITH RECY CLING SERVICES FOR P UBLIC PLACES AND PUB LIC
HOUSING.
(B) (1) IF MULTIPLE PRODUCER RESPONSIBILITY ORGAN IZATIONS
REGISTER APPROVED PR ODUCER RESPONSIBILIT Y PLANS WITH THE DEPARTMENT
IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY
ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UN DER THIS
SECTION.
Ch. 465 2023 LAWS OF MARYLAND
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(2) MULTIPLE PRODUCER RES PONSIBILITY ORGANIZA TIONS MAY
ESTABLISH A THIRD –PARTY ENTITY TO COOR DINATE REIMBURSEMENT IN
ACCORDANCE WITH THIS SUBSECTION.
(C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GO VERNMENT TO
REQUEST REIMBURSEMEN T FROM A PRODUCER RESPONS IBILITY ORGANIZATION
FOR COSTS ASSOCIATED WITH COMPOSTING MATE RIALS THAT ARE NOT P ACKAGING
MATERIALS, INCLUDING FOOD WASTE AND OTHER ORGANIC MA TERIALS.
9–2507.
(A) BEGINNING MARCH 1, 2027, EACH PRODUCER RESPON SIBILITY
ORGANIZATION TH AT HAS AN APPROVED P RODUCER RESPONSIBILI TY PLAN ON FILE
WITH THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE DEPARTMENT ON THE
PROGRESS TOWARD MEET ING PLAN REQUIREMENT S AND GOALS FOR THE
IMMEDIATELY PRECEDIN G CALENDAR YEAR .
(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION
SHALL INCLUDE :
(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS
USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKA GING
MATERIALS;
(2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS
ESTABLISHED UNDER § 9–2504(B)(3) § 9–2504(C)(3) OF THIS SUBTITLE; AND
(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION
OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS;
(3) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E COLLECTED
IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EACH PACKAGING
MATERIAL TYPE ;
(4) (I) THE NUMBER OF BEVERAG E CONTAINERS SOLD IN THE
STATE AND THE NUMBER COLLECTED, BY MATERIAL TYPE ;
(II) THE OVERALL REDEMPTIO N RATE AND EFFECTIVE RATE OF
RECYCLING OF BEVERAG E CONTAINERS BY MATE RIAL TYPE, AFTER SUBTRACTING
CONTAMINATION RATES , AND BY NUMBER OF UNI TS AND WEIGHT ; AND
WES MOORE, Governor Ch. 465
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(III) 1. A DESCRIPTION OF THE L OCATION OF COLLECTIO N
FACILITIES OR POINTS AND SORTING AND PROC ESSING FACILITIES FO R BEVERAGE
CONTAINERS;
2. A DESCRIPTION OF ANY IMPROVEMENTS MADE IN THE
REPORTING YEAR TO IN CREASE THE EASE AND CONVENIENCE FOR CONS UMERS TO
RETURN BEVERAGE CONT AINERS;
3. A DESCRIPTION OF UNDER SERVED AREAS AND
ACTIONS THAT WILL BE TAKEN BY THE PRODUCE R RESPONSIBILITY ORG ANIZATION
TO IMPROVE THE AVAILABILITY OF COLL ECTION FACILITIES OR POINTS IN
UNDERSERVED AREAS ; AND
4. ANY OTHER INFORMATION ON BEVERAGE
CONTAINERS REQUIRED BY THE DEPARTMENT ;
(5) (4) THE TOTAL COST OF IMP LEMENTING THE PLAN , AS
DETERMINED BY AN IND EPENDENT FINANCIAL A UDITOR INCLUDING :
(I) A COPY OF THE WORK PRO DUCT OF THE INDEPEND ENT
FINANCIAL AUDITOR ; AND
(II) FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS
RECEIVED AND ISSUED BY THE PRODUCERS COV ERED UNDER THE APPRO VED PLAN;
(6) (5) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO
CONSUMERS OR OTHER E NTITIES;
(7) (6) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN
EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS,
INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT
OF THE PLAN CAN BE I MPROVED;
(8) (7) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN
MARKET DEVELOPMENT A ND FOR IMPROVING REU SE, ORGANICS RECYCLING , AND
RECYCLING INFRASTRUC TURE;
(9) (8) PROOF OF A THIRD –PARTY AUDIT OF:
(I) THE REDUCTION IN PACK AGING REPORTED ;
(II) THE DATA USED TO DETE RMINE THE STATUS OF ACHIEVING
PERFORMANCE GOALS ;
Ch. 465 2023 LAWS OF MARYLAND
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(III) THE AMOUNT OF EACH PA CKAGING MATERIAL TYP E
COLLECTED IN THE STATE; AND
(IV) THE NUMBER OF BEVERAG E CONTAINERS SOLD ,
COLLECTED, AND REDEEMED IN THE STATE; AND
(V) THE OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF
BEVERAGE CONTAINERS IN THE STATE; AND
(10) (9) ANY OTHER INFORMATION AS REQUIRED BY THE
DEPARTMENT .
(C) WHEN PROVIDING THE DEPARTMENT WITH THE ANNUAL REPO RT
REQUIRED UNDER THIS SECTION, A PRODUCER RESPONSIB ILITY ORGANIZATION
SHALL PAY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED COSTS OF
ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 YEAR
IMMEDIATELY FOLLOWIN G THE ANNUAL REP ORT.
(D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE
DEPARTMENT BY A PRODU CER RESPONSIBILITY O RGANIZATION SHALL BE KEPT
CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC
INSPECTION.
(E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE
POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PR ODUCER
RESPONSIBILITY ORGAN IZATION.
9–2508.
ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN
COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW
RELATING TO ANTITRUST AND RESTRAINT OF TRADE F OR ANY COOPERATED
ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSAL OF PACK AGING
MATERIALS.
9–2509.
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
SUBTITLE.
9–2510.
WES MOORE, Governor Ch. 465
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(A) EXCEPT AS OTHERWISE PROVIDED UNDER SUBSE CTIONS (B) AND (C) OF
THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY
TO ENFORCE VIOLATION S OF:
(1) THIS SUBTITLE;
(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR
(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE.
(B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION
THAT VIOLATES THIS S UBTITLE IS SUBJECT T O:
(I) FOR A FIRST VIOLATION , A CIVIL AN ADMINISTRATIVE
PENALTY OF $5,000;
(II) FOR A SECOND VIOLATIO N, A CIVIL AN ADMINISTRATIVE
PENALTY OF $10,000; AND
(III) FOR A THIRD AND SUBSE QUENT VIOLATION , A CIVIL
PENALTY OF $20,000.
(2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS
SECTION UNLESS :
(I) THE DEPARTMENT FIRST ISSU ES A WRITTEN NOTICE OF
VIOLATION TO THE PRO DUCER; AND
(II) THE VIOLATION IS NOT CORRECTED WITHIN 60 DAYS OF
RECEIPT OF THE WRITT EN NOTICE.
(3) AFTER THE 60–DAY PERIOD SPECIFIED UNDER PARAGRAPH (2)
OF THIS SUBSECTION , EACH DAY THAT A VIOL ATION CONTINUES IS A SEPARATE
VIOLATION.
(C) IF, BASED ON THE A NNUAL REPORT SUBMITT ED UNDER § 9–2507 OF
THIS SUBTITLE, THE PERFORMANCE GOAL S ESTABLISHED UNDER § 9–2504(B)(3) §
9–2504(C)(3) OF THIS SUBTITLE HAV E NOT BEEN ACHIEVED , THE DEPARTMENT MAY
IMPOSE AN ADMINISTRA TIVE PENALTY, NOT TO EXCEED $5,000 $250,000, ON THE
PRODUCER RESPONSIBIL ITY ORGANIZATION .
(D) ANY PENALTY COLLECTED BY THE DEPARTMENT UNDER THIS SECTION
SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R §
9–1707 OF THIS TITLE. Ch. 465 2023 LAWS OF MARYLAND
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SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
2024, each local government in the State shall file a feasibility plan with the Department
of the Environment that prioritizes the sale of recycled packaging materials back to
manufacturers that have a manufacturing facility in the State.
SECTION 3. AND BE IT FURTHER ENACTED, That the terms of the initial
members of the producer responsibility plan advisory council shall expire as follows:
(1) five members in 2024;
(2) five members in 2025;
(3) five members in 2026; and
(4) the remaining members in 2027.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) In this section, “advisory council” and “producer” have the meanings stated in
§ 9–2501 of the Environment Article, as enacted under Section 1 of this Act.
(b) (1) The Office of Recycling in the Department of the Environment shall
procure a statewide recycling needs assessment in accordance with this section.
(2) The Office shall hire an independent consultant to conduct a statewide
recycling needs assessment that includes:
(i) an analysis of the State’s current solid waste streams, including:
1. solid waste generated in the State by local jurisdiction,
type, and material;
2. disposal methods by material type and amount; and
3. associated costs and revenues for solid waste disposal
programs;
(ii) an analysis of the State’s current recycling streams, including:
1. recyclable materials processed by local jurisdiction, type,
and amount;
2. processing methods by material type and amount;
WES MOORE, Governor Ch. 465
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3. associated costs and revenues for recycling programs,
collection, and tipping fees; and
4. an estimate of the amount of recyclable materials that are
not currently being recycled;
(iii) an evaluation of the current infrastructure and capacity related
to, need for, and associated costs of:
1. recycling access and availability;
2. collecting and hauling recyclable or compostable materials
in the State;
3. processing recyclable or compostable materials in the
State;
4. taking advantage of favorable market conditions or other
opportunities for increasing recycling or organics recycling in the State;
5. in coordination with local governments, consumer
education regarding recycling, organics recycling, and contamination reduction;
6. reuse infrastructure; and
7. organics recycling infrastructure;
(iv) an evaluation of commingled recycling processing facility worker
conditions, wages, and benefits;
(v) an evaluation of opportunities in the recycling system for women
and minority individuals;
(vi) an evaluation of local government requirements related to
multifamily and commercial recycling services and their implementation;
(vii) the sufficiency of recycling education programs relative to desired
equity outcomes;
(viii) an evaluation of the economic opportunities in the State’s
recycling system, including:
1. State and local revenue that may be considered lost because
recyclable materials are not being recycled;
Ch. 465 2023 LAWS OF MARYLAND
– 38 –
2. current jobs associated with the solid waste and recycling
industries;
3. opportunities to increase employment in the recycling
industry by material type;
4. business opportunities associated with recycling;
5. barriers to increasing the use of recyclable materials as
feedstock for principal processors and manufacturers and means of eliminating those
barriers; and
6. recommendations for incentives to stimulate job growth
and business opportunities in the State’s recycling industry;
(ix) recommendations for improving equity and equitable outcomes
for underserved populations in the State’s recycling system;
(x) an analysis of the costs and benefits of implementing an extended
producer responsibility program, including to:
1. local governments;
2. waste producers;
3. residents; and
4. waste management companies;
(xi) an analysis of the potential environmental impact of an extended
producer responsibility program, including through:
1. increased recycling;
2. resource recovery;
3. waste reduction; and
4. reduced environmental damage; and
(xii) recommendations on the best practices to follow from successful
extended producer responsibility programs in other states and countries.
(c) On or before July 30, 2024, the Office shall report on the results of the
assessment conducted under this section to the Governor and, in accordance with § 2–1257
of the State Government Article, the General Assembly. WES MOORE, Governor Ch. 465
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(d) In conducting the assessment required under this section, the independent
consultant shall consult with the advisory council, appropriate local governmental entities,
and regional solid waste organizations and producers in the State.
SECTION 2. 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2023.
Approved by the Governor, May 8, 2023.