| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0260* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 260 | |
| 11 | 8 | M3 3lr0679 | |
| 12 | 9 | SB 143/22 – EHE CF HB 255 | |
| 13 | 10 | By: Senators West, Elfreth, Brooks, and Lewis Young | |
| 14 | 11 | Introduced and read first time: January 25, 2023 | |
| 15 | 12 | Assigned to: Education, Energy, and the Environment | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 23, 2023 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Maryland Paint Stewardship 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3 | |
| 27 | 21 | State or a certain representative organization to submit a plan for the establishment 4 | |
| 28 | 22 | of a Paint Stewardship Program to the Department of the Environment for approval 5 | |
| 29 | 23 | on or before a certain date and in accordance with certain requirements; requiring a 6 | |
| 30 | 24 | certain plan to establish a certain assessment on architectural paint sold in the State 7 | |
| 31 | 25 | that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8 | |
| 32 | 26 | transporting, and processing postconsumer paint statewide; requiring the Office of 9 | |
| 33 | 27 | Recycling within the Department to review and approve certain plans, including a 10 | |
| 34 | 28 | certain assessment, submitted in accordance with the Paint Stewardship Program; 11 | |
| 35 | 29 | requiring certain producers and retailers or distributors to add a certain assessment 12 | |
| 36 | 30 | to the cost of all architectural paint sold in the State beginning on a certain date; 13 | |
| 37 | 31 | requiring a certain producer or representative organization to implement a certain 14 | |
| 38 | 32 | program within a certain amount of time after the Department approves a certain 15 | |
| 39 | 33 | plan; prohibiting a producer or retailer from selling or offering for sale certain 16 | |
| 40 | 34 | architectural paint under certain circumstances beginning on a certain date or after 17 | |
| 41 | 35 | a certain amount of time after the Department approves a certain plan, whichever 18 | |
| 42 | - | is later; requiring the Department to complete a certain review and submit a certain 19 | |
| 43 | - | report on or before a certain date; and generally relating to the Paint Stewardship 20 | |
| 44 | - | Program. 21 | |
| 36 | + | is later; and generally relating to the Paint Stewardship Program. 19 | |
| 45 | 37 | ||
| 46 | - | BY repealing and reenacting, without amendments, 22 | |
| 47 | - | Article – Environment 23 | |
| 48 | - | Section 9–1701(a), (i), and (m) and 9–1705 24 2 SENATE BILL 260 | |
| 38 | + | BY repealing and reenacting, without amendments, 20 | |
| 39 | + | Article – Environment 21 | |
| 40 | + | Section 9–1701(a), (i), and (m) and 9–1705 22 | |
| 41 | + | Annotated Code of Maryland 23 | |
| 42 | + | (2014 Replacement Volume and 2022 Supplement) 24 | |
| 43 | + | ||
| 44 | + | BY adding to 25 | |
| 45 | + | Article – Environment 26 | |
| 46 | + | Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 27 | |
| 47 | + | and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 28 | |
| 48 | + | Annotated Code of Maryland 29 2 SENATE BILL 260 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Annotated Code of Maryland 1 | |
| 52 | - | (2014 Replacement Volume and 2022 Supplement) 2 | |
| 51 | + | (2014 Replacement Volume and 2022 Supplement) 1 | |
| 53 | 52 | ||
| 54 | - | BY adding to 3 | |
| 55 | - | Article – Environment 4 | |
| 56 | - | Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 5 | |
| 57 | - | and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 6 | |
| 58 | - | Annotated Code of Maryland 7 | |
| 59 | - | (2014 Replacement Volume and 2022 Supplement) 8 | |
| 53 | + | BY repealing and reenacting, with amendments, 2 | |
| 54 | + | Article – Environment 3 | |
| 55 | + | Section 9–1701(i–1), 9–1702, and 9–1707(f) 4 | |
| 56 | + | Annotated Code of Maryland 5 | |
| 57 | + | (2014 Replacement Volume and 2022 Supplement) 6 | |
| 60 | 58 | ||
| 61 | - | BY repealing and reenacting, with amendments, 9 | |
| 62 | - | Article – Environment 10 | |
| 63 | - | Section 9–1701(i–1), 9–1702, and 9–1707(f) 11 | |
| 64 | - | Annotated Code of Maryland 12 | |
| 65 | - | (2014 Replacement Volume and 2022 Supplement) 13 | |
| 59 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 | |
| 60 | + | That the Laws of Maryland read as follows: 8 | |
| 66 | 61 | ||
| 67 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 68 | - | That the Laws of Maryland read as follows: 15 | |
| 62 | + | Article – Environment 9 | |
| 69 | 63 | ||
| 70 | - | ||
| 64 | + | 9–1701. 10 | |
| 71 | 65 | ||
| 72 | - | ||
| 66 | + | (a) In this subtitle the following words have the meanings indicated. 11 | |
| 73 | 67 | ||
| 74 | - | (a) In this subtitle the following words have the meanings indicated. 18 | |
| 68 | + | (B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 12 | |
| 69 | + | ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 13 | |
| 75 | 70 | ||
| 76 | - | ( | |
| 77 | - | ||
| 71 | + | (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 14 | |
| 72 | + | COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 15 | |
| 78 | 73 | ||
| 79 | - | (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE INDUSTRIAL 21 | |
| 80 | - | COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 22 | |
| 74 | + | (i) “Director” means the Director of the Office of Recycling. 16 | |
| 81 | 75 | ||
| 82 | - | (i) “Director” means the Director of the Office of Recycling. 23 | |
| 76 | + | (I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 17 | |
| 77 | + | RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 18 | |
| 78 | + | ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 19 | |
| 83 | 79 | ||
| 84 | - | (I–1) “ | |
| 85 | - | ||
| 86 | - | ||
| 80 | + | [(i–1)] (I–2) “Food residuals” means material derived from the processing or 20 | |
| 81 | + | discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 21 | |
| 82 | + | products, and meats. 22 | |
| 87 | 83 | ||
| 88 | - | [(i–1)] (I–2) “Food residuals” means material derived from the processing or 27 | |
| 89 | - | discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 28 | |
| 90 | - | products, and meats. 29 | |
| 84 | + | (m) “Office” means the Office of Recycling within the Department. 23 | |
| 91 | 85 | ||
| 92 | - | (m) “Office” means the Office of Recycling within the Department. 30 | |
| 86 | + | (O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 24 | |
| 87 | + | THE PURCHASE PRICE OF ARCH ITECTURAL PAINT SOLD IN THE STATE THAT IS 25 | |
| 88 | + | NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 26 | |
| 89 | + | COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 27 | |
| 90 | + | STATEWIDE. 28 | |
| 93 | 91 | ||
| 94 | - | (O– | |
| 95 | - | ||
| 96 | - | ||
| 92 | + | (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 29 | |
| 93 | + | AND NO LONGER WANTED BY A PURCHASER . 30 | |
| 94 | + | SENATE BILL 260 3 | |
| 97 | 95 | ||
| 98 | 96 | ||
| 99 | - | COLLECTING, TRANSPORTING, AND PROCESSING POSTC ONSUMER PAINT 1 | |
| 100 | - | STATEWIDE. 2 | |
| 97 | + | (O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 1 | |
| 98 | + | THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 2 | |
| 99 | + | THE PRODUCER ’S OWN NAME OR BRAND . 3 | |
| 101 | 100 | ||
| 102 | - | (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 3 | |
| 103 | - | AND NO LONGER WANTED BY A PURCHASER . 4 | |
| 101 | + | (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NON PROFIT 4 | |
| 102 | + | ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 5 | |
| 103 | + | PROGRAM. 6 | |
| 104 | 104 | ||
| 105 | - | (O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 5 | |
| 106 | - | THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE PAIN T IN THE STATE UNDER 6 | |
| 107 | - | THE PRODUCER ’S OWN NAME OR BRAND . 7 | |
| 105 | + | (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 7 | |
| 106 | + | FOR SALE AT RETAIL I N THE STATE. 8 | |
| 108 | 107 | ||
| 109 | - | (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 8 | |
| 110 | - | ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 9 | |
| 111 | - | PROGRAM. 10 | |
| 108 | + | (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 9 | |
| 109 | + | CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 10 | |
| 110 | + | OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 11 | |
| 111 | + | MEANS. 12 | |
| 112 | 112 | ||
| 113 | - | (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTURAL PAINT 11 | |
| 114 | - | FOR SALE AT RETAIL I N THE STATE. 12 | |
| 113 | + | 9–1702. 13 | |
| 115 | 114 | ||
| 116 | - | (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 13 | |
| 117 | - | CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 14 | |
| 118 | - | OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 15 | |
| 119 | - | MEANS. 16 | |
| 115 | + | (a) There is an Office of Recycling created within the Department. 14 | |
| 120 | 116 | ||
| 121 | - | 9–1702. 17 | |
| 117 | + | (b) The Secretary shall appoint a Director and sufficient staff to perform the 15 | |
| 118 | + | functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 16 | |
| 119 | + | budget. 17 | |
| 122 | 120 | ||
| 123 | - | (a) There is an Office of Recycling created within the Department. 18 | |
| 121 | + | (c) The Secretary may adopt regulations to carry out the provisions of this 18 | |
| 122 | + | subtitle. 19 | |
| 124 | 123 | ||
| 125 | - | (b) The Secretary shall appoint a Director and sufficient staff to perform the 19 | |
| 126 | - | functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 20 | |
| 127 | - | budget. 21 | |
| 124 | + | (d) The Office shall: 20 | |
| 128 | 125 | ||
| 129 | - | (c) The Secretary may adopt regulations to carry out the provisions of this 22 | |
| 130 | - | subtitle. 23 | |
| 126 | + | (1) Assist the counties in developing an acceptable recycling plan required 21 | |
| 127 | + | under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 22 | |
| 128 | + | the local governments; 23 | |
| 131 | 129 | ||
| 132 | - | (d) The Office shall: 24 | |
| 130 | + | (2) Coordinate the efforts of the State to facilitate the implementation of 24 | |
| 131 | + | the recycling goals at the county level; 25 | |
| 133 | 132 | ||
| 134 | - | ( | |
| 135 | - | under | |
| 136 | - | ||
| 133 | + | (3) Review all recycling plans submitted as part of a county plan as 26 | |
| 134 | + | required under § 9–505 of this title and advise the Secretary on the adequacy of the 27 | |
| 135 | + | recycling plan; 28 | |
| 137 | 136 | ||
| 138 | - | ( | |
| 139 | - | ||
| 137 | + | (4) Administer the Statewide Electronics Recycling Program under Part IV 29 | |
| 138 | + | of this subtitle; [and] 30 | |
| 140 | 139 | ||
| 141 | - | (3) Review all recycling plans submitted as part of a county plan as 30 | |
| 142 | - | required under § 9–505 of this title and advise the Secretary on the adequacy of the 31 | |
| 143 | - | recycling plan; 32 | |
| 140 | + | (5) Promote the development of markets for recycled materials and 31 | |
| 141 | + | recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 32 | |
| 144 | 142 | 4 SENATE BILL 260 | |
| 145 | 143 | ||
| 146 | 144 | ||
| 147 | - | (4) Administer the Statewide Electronics Recycling Program under Part IV 1 | |
| 148 | - | of this subtitle; [and] 2 | |
| 145 | + | (6) REVIEW AND APPROVE PLANS AND ANNUAL REPORTS , INCLUDING 1 | |
| 146 | + | THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 2 | |
| 147 | + | STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 3 | |
| 149 | 148 | ||
| 150 | - | (5) Promote the development of markets for recycled materials and 3 | |
| 151 | - | recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 4 | |
| 149 | + | (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 4 | |
| 150 | + | coordination with the Maryland Environmental Service, study and report to the Governor 5 | |
| 151 | + | and, subject to § 2–1257 of the State Government Article, the General Assembly on: 6 | |
| 152 | 152 | ||
| 153 | - | ( | |
| 154 | - | THE | |
| 155 | - | ||
| 153 | + | (1) The identification and location of recycling centers, including an 7 | |
| 154 | + | analysis of existing recycling centers and the need to expand these facilities or construct 8 | |
| 155 | + | new recycling centers; 9 | |
| 156 | 156 | ||
| 157 | - | (e) Beginning on January 1, 1990, and biannually thereafter, the Office shall, in 8 | |
| 158 | - | coordination with the Maryland Environmental Service, study and report to the Governor 9 | |
| 159 | - | and, subject to § 2–1257 of the State Government Article, the General Assembly on: 10 | |
| 157 | + | (2) Programs necessary to educate the public on the need to participate in 10 | |
| 158 | + | recycling efforts; 11 | |
| 160 | 159 | ||
| 161 | - | (1) The identification and location of recycling centers, including an 11 | |
| 162 | - | analysis of existing recycling centers and the need to expand these facilities or construct 12 | |
| 163 | - | new recycling centers; 13 | |
| 160 | + | (3) The economics and financing of existing and proposed systems of waste 12 | |
| 161 | + | disposal and recycling; 13 | |
| 164 | 162 | ||
| 165 | - | (2) Programs necessary to educate the public on the need to participate in 14 | |
| 166 | - | recycling efforts; 15 | |
| 163 | + | (4) State procurement policies for the purchase of recycled materials; 14 | |
| 167 | 164 | ||
| 168 | - | ( | |
| 169 | - | disposal | |
| 165 | + | (5) Programs necessary to reduce the amount of solid waste generated for 15 | |
| 166 | + | disposal by a State agency or unit; 16 | |
| 170 | 167 | ||
| 171 | - | (4) State procurement policies for the purchase of recycled materials; 18 | |
| 168 | + | (6) The liaison role with local governments, the federal government, and 17 | |
| 169 | + | the private sector; 18 | |
| 172 | 170 | ||
| 173 | - | ( | |
| 174 | - | ||
| 171 | + | (7) The percentage reduction in the amount of solid waste that has been 19 | |
| 172 | + | achieved by each county; and 20 | |
| 175 | 173 | ||
| 176 | - | ( | |
| 177 | - | ||
| 174 | + | (8) Economically feasible methods for the recycling of scrap automobile 21 | |
| 175 | + | tires, batteries, and white goods. 22 | |
| 178 | 176 | ||
| 179 | - | (7) The percentage reduction in the amount of solid waste that has been 23 | |
| 180 | - | achieved by each county; and 24 | |
| 177 | + | (f) (1) By December 1, 1988, the Office shall, in coordination with the 23 | |
| 178 | + | Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 24 | |
| 179 | + | recommendations to the General Assembly for the financing of a comprehensive system of 25 | |
| 180 | + | recycling at the State and local level, including funding for recycling centers, recycling 26 | |
| 181 | + | equipment, recycling education, and marketing strategies. 27 | |
| 181 | 182 | ||
| 182 | - | (8) Economically feasible methods for the recycling of scrap automobile 25 | |
| 183 | - | tires, batteries, and white goods. 26 | |
| 183 | + | (2) After the financing recommendations are made under paragraph (1) of 28 | |
| 184 | + | this subsection, each county may submit to the Office and the Governor a detailed request 29 | |
| 185 | + | for funds necessary to assist in the development and implementation of a recycling plan 30 | |
| 186 | + | under guidelines developed by the Office. 31 | |
| 184 | 187 | ||
| 185 | - | (f) (1) By December 1, 1988, the Office shall, in coordination with the 27 | |
| 186 | - | Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 28 | |
| 187 | - | recommendations to the General Assembly for the financing of a comprehensive system of 29 | |
| 188 | - | recycling at the State and local level, including funding for recycling centers, recycling 30 | |
| 189 | - | equipment, recycling education, and marketing strategies. 31 | |
| 190 | - | ||
| 191 | - | (2) After the financing recommendations are made under paragraph (1) of 32 | |
| 192 | - | this subsection, each county may submit to the Office and the Governor a detailed request 33 SENATE BILL 260 5 | |
| 188 | + | (g) In studying feasible methods for the management and recycling of used tires 32 | |
| 189 | + | under subsection (e)(9) of this section, the Office of Recycling shall consult with the 33 | |
| 190 | + | appropriate industry, including representatives of: 34 | |
| 191 | + | SENATE BILL 260 5 | |
| 193 | 192 | ||
| 194 | 193 | ||
| 195 | - | for funds necessary to assist in the development and implementation of a recycling plan 1 | |
| 196 | - | under guidelines developed by the Office. 2 | |
| 194 | + | (1) Tire manufacturers; 1 | |
| 197 | 195 | ||
| 198 | - | (g) In studying feasible methods for the management and recycling of used tires 3 | |
| 199 | - | under subsection (e)(9) of this section, the Office of Recycling shall consult with the 4 | |
| 200 | - | appropriate industry, including representatives of: 5 | |
| 196 | + | (2) Tire dealers; and 2 | |
| 201 | 197 | ||
| 202 | - | ( | |
| 198 | + | (3) Tire recyclers. 3 | |
| 203 | 199 | ||
| 204 | - | ||
| 200 | + | 9–1705. 4 | |
| 205 | 201 | ||
| 206 | - | (3) Tire recyclers. 8 | |
| 202 | + | (a) Beginning on July 1, 1990, and biannually thereafter, each county which has 5 | |
| 203 | + | not achieved the percentage of reduction in its solid waste stream required by this article 6 | |
| 204 | + | shall, as a part of its solid waste plan update, provide a report to the Department which 7 | |
| 205 | + | shall include: 8 | |
| 207 | 206 | ||
| 208 | - | ||
| 207 | + | (1) The total amount, by weight, of solid waste collected; 9 | |
| 209 | 208 | ||
| 210 | - | (a) Beginning on July 1, 1990, and biannually thereafter, each county which has 10 | |
| 211 | - | not achieved the percentage of reduction in its solid waste stream required by this article 11 | |
| 212 | - | shall, as a part of its solid waste plan update, provide a report to the Department which 12 | |
| 213 | - | shall include: 13 | |
| 209 | + | (2) The total amount, by weight, of solid waste disposed of at solid waste 10 | |
| 210 | + | acceptance facilities; 11 | |
| 214 | 211 | ||
| 215 | - | ( | |
| 212 | + | (3) The amount and types of materials recycled; 12 | |
| 216 | 213 | ||
| 217 | - | (2) The total amount, by weight, of solid waste disposed of at solid waste 15 | |
| 218 | - | acceptance facilities; 16 | |
| 214 | + | (4) The methods of disposal of solid waste used, other than recycling; and 13 | |
| 219 | 215 | ||
| 220 | - | (3) The amount and types of materials recycled; 17 | |
| 216 | + | (5) The percentage reduction in the solid waste stream that has been 14 | |
| 217 | + | achieved. 15 | |
| 221 | 218 | ||
| 222 | - | (4) The methods of disposal of solid waste used, other than recycling; and 18 | |
| 219 | + | (b) A county that has achieved the percentage of solid waste stream reduction 16 | |
| 220 | + | required by this article shall provide the report described in subsection (a) of this section to 17 | |
| 221 | + | the Department annually, on a calendar year basis. 18 | |
| 223 | 222 | ||
| 224 | - | ( | |
| 225 | - | ||
| 223 | + | (c) All reports shall be provided within 90 days after the close of the annual or 19 | |
| 224 | + | biannual reporting period. 20 | |
| 226 | 225 | ||
| 227 | - | (b) A county that has achieved the percentage of solid waste stream reduction 21 | |
| 228 | - | required by this article shall provide the report described in subsection (a) of this section to 22 | |
| 229 | - | the Department annually, on a calendar year basis. 23 | |
| 226 | + | 9–1707. 21 | |
| 230 | 227 | ||
| 231 | - | (c) All reports shall be provided within 90 days after the close of the annual or 24 | |
| 232 | - | biannual reporting period. 25 | |
| 228 | + | (f) (1) There is a State Recycling Trust Fund. 22 | |
| 233 | 229 | ||
| 234 | - | ||
| 230 | + | (2) The Fund shall consist of: 23 | |
| 235 | 231 | ||
| 236 | - | ( | |
| 232 | + | (i) The newsprint recycling incentive fee; 24 | |
| 237 | 233 | ||
| 238 | - | (2) The Fund shall consist of: 28 | |
| 234 | + | (ii) The telephone directory recycling incentive fee collected under § 25 | |
| 235 | + | 9–1709 of this subtitle; 26 | |
| 239 | 236 | ||
| 240 | - | (i) The newsprint recycling incentive fee; 29 | |
| 237 | + | (iii) The covered electronic device manufacturer registration fee 27 | |
| 238 | + | collected under § 9–1728 of this subtitle; 28 | |
| 241 | 239 | 6 SENATE BILL 260 | |
| 242 | 240 | ||
| 243 | 241 | ||
| 244 | - | ( | |
| 245 | - | 9– | |
| 242 | + | (IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 1 | |
| 243 | + | REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 2 | |
| 246 | 244 | ||
| 247 | - | (iii) The covered electronic device manufacturer registration fee 3 | |
| 248 | - | collected under § 9–1728 of this subtitle; 4 | |
| 245 | + | [(iv)] (V) All fines and penalties collected under this subtitle; 3 | |
| 249 | 246 | ||
| 250 | - | (IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 5 | |
| 251 | - | REPORT REVIEW FEES C OLLECTED U NDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 6 | |
| 247 | + | [(v)] (VI) Money appropriated in the State budget to the Fund; and 4 | |
| 252 | 248 | ||
| 253 | - | [(iv)] (V) All fines and penalties collected under this subtitle; 7 | |
| 249 | + | [(vi)] (VII) Any other money from any other source accepted for the 5 | |
| 250 | + | benefit of the Fund. 6 | |
| 254 | 251 | ||
| 255 | - | ||
| 252 | + | (3) The Secretary shall administer the Fund. 7 | |
| 256 | 253 | ||
| 257 | - | ||
| 258 | - | ||
| 254 | + | (4) The Treasurer shall hold the Fund separately and the Comptroller shall 8 | |
| 255 | + | account for the Fund. 9 | |
| 259 | 256 | ||
| 260 | - | (3) The Secretary shall administer the Fund. 11 | |
| 257 | + | (5) At the end of each fiscal year, any unspent or unencumbered balance in 10 | |
| 258 | + | the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 11 | |
| 259 | + | accordance with § 7–302 of the State Finance and Procurement Article. 12 | |
| 261 | 260 | ||
| 262 | - | (4) The Treasurer shall hold the Fund separately and the Comptroller shall 12 | |
| 263 | - | account for the Fund. 13 | |
| 261 | + | (6) In accordance with the State budget, the Fund shall be used only: 13 | |
| 264 | 262 | ||
| 265 | - | (5) At the end of each fiscal year, any unspent or unencumbered balance in 14 | |
| 266 | - | the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 15 | |
| 267 | - | accordance with § 7–302 of the State Finance and Procurement Article. 16 | |
| 263 | + | (i) To provide grants to the counties to be used by the counties to 14 | |
| 264 | + | develop and implement local recycling plans; 15 | |
| 268 | 265 | ||
| 269 | - | (6) In accordance with the State budget, the Fund shall be used only: 17 | |
| 266 | + | (ii) To provide grants to counties that have addressed methods for 16 | |
| 267 | + | the separate collection and recycling of covered electronic devices in accordance with § 17 | |
| 268 | + | 9–1703(c)(1) of this subtitle; 18 | |
| 270 | 269 | ||
| 271 | - | ( | |
| 272 | - | ||
| 270 | + | (iii) To provide grants to municipalities to be used by the 19 | |
| 271 | + | municipalities to implement local covered electronic device recycling programs; [and] 20 | |
| 273 | 272 | ||
| 274 | - | (ii) To provide grants to counties that have addressed methods for 20 | |
| 275 | - | the separate collection and recycling of covered electronic devices in accordance with § 21 | |
| 276 | - | 9–1703(c)(1) of this subtitle; 22 | |
| 273 | + | (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 21 | |
| 274 | + | PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 22 | |
| 275 | + | REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 23 | |
| 276 | + | FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 24 | |
| 277 | 277 | ||
| 278 | - | ( | |
| 279 | - | ||
| 278 | + | [(iv)] (V) To carry out the purposes of the land management 25 | |
| 279 | + | administration. 26 | |
| 280 | 280 | ||
| 281 | - | (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 25 | |
| 282 | - | PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 26 | |
| 283 | - | REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 27 | |
| 284 | - | FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 28 | |
| 281 | + | (7) (i) The Treasurer shall invest the money in the Fund in the same 27 | |
| 282 | + | manner as other State money may be invested. 28 | |
| 285 | 283 | ||
| 286 | - | [(iv)] (V) To carry out the purposes of the land management 29 | |
| 287 | - | administration. 30 | |
| 288 | - | SENATE BILL 260 7 | |
| 284 | + | (ii) Any investment earnings of the Fund shall be credited to the 29 | |
| 285 | + | General Fund of the State. 30 | |
| 289 | 286 | ||
| 290 | - | ||
| 291 | - | (7) (i) The Treasurer shall invest the money in the Fund in the same 1 | |
| 292 | - | manner as other State money may be invested. 2 | |
| 293 | - | ||
| 294 | - | (ii) Any investment earnings of the Fund shall be credited to the 3 | |
| 295 | - | General Fund of the State. 4 | |
| 296 | - | ||
| 297 | - | 9–1731. RESERVED. 5 | |
| 298 | - | ||
| 299 | - | 9–1732. RESERVED. 6 | |
| 300 | - | ||
| 301 | - | PART V. PAINT STEWARDSHIP PROGRAM. 7 | |
| 302 | - | ||
| 303 | - | 9–1733. 8 | |
| 304 | - | ||
| 305 | - | (A) (1) ON OR BEFORE JULY 1, 2024, PRODUCERS OF ARCHITE CTURAL 9 | |
| 306 | - | PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 10 | |
| 307 | - | ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 11 | |
| 308 | - | ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 12 | |
| 309 | - | APPROVAL. 13 | |
| 310 | - | ||
| 311 | - | (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 14 | |
| 312 | - | AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 15 | |
| 313 | - | PAINT BY: 16 | |
| 314 | - | ||
| 315 | - | (I) REDUCING ITS GENERATI ON; 17 | |
| 316 | - | ||
| 317 | - | (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 18 | |
| 318 | - | ||
| 319 | - | (III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 19 | |
| 320 | - | TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 20 | |
| 321 | - | OF POSTCONSUMER PAIN T. 21 | |
| 322 | - | ||
| 323 | - | (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 22 | |
| 324 | - | STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 23 | |
| 325 | - | ||
| 326 | - | (I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 24 | |
| 327 | - | EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 25 | |
| 328 | - | CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 26 | |
| 329 | - | ||
| 330 | - | (II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 27 | |
| 331 | - | PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL PAI NT SOLD 28 | |
| 332 | - | IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 29 | |
| 333 | - | ||
| 334 | - | (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 30 | |
| 335 | - | BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 31 8 SENATE BILL 260 | |
| 336 | - | ||
| 337 | - | ||
| 338 | - | WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALL Y 1 | |
| 339 | - | AGREEABLE; AND 2 | |
| 340 | - | ||
| 341 | - | (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 3 | |
| 342 | - | NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 4 | |
| 343 | - | BASED ON THE FOLLOWI NG CRITERIA: 5 | |
| 344 | - | ||
| 345 | - | 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 6 | |
| 346 | - | SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 7 | |
| 347 | - | ||
| 348 | - | 2. UNLESS OTHERWISE APPR OVED BY THE 8 | |
| 349 | - | DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 9 | |
| 350 | - | EVERY 50,000 RESIDENTS. 10 | |
| 351 | - | ||
| 352 | - | (4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT 11 | |
| 353 | - | COLLECTION SITE IF : 12 | |
| 354 | - | ||
| 355 | - | (I) THE RETAILER VOLUNTEERS TO ACT AS A POSTCONS UMER 13 | |
| 356 | - | PAINT COLLECTION SIT E; 14 | |
| 357 | - | ||
| 358 | - | (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 15 | |
| 359 | - | LAWS AND REGULATIONS ; AND 16 | |
| 360 | - | ||
| 361 | - | (III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 17 | |
| 362 | - | MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 18 | |
| 363 | - | COLLECTION LOCATIONS . 19 | |
| 364 | - | ||
| 365 | - | (5) THE PLAN SHALL ESTABL ISH: 20 | |
| 366 | - | ||
| 367 | - | (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 21 | |
| 368 | - | ARCHITECTURAL PAINT SOLD IN THE STATE; AND 22 | |
| 369 | - | ||
| 370 | - | (II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A 23 | |
| 371 | - | PAINT STEWARDSHIP PROGRAM TO REMIT TO THE R EPRESENTATIVE 24 | |
| 372 | - | ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 25 | |
| 373 | - | CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 26 | |
| 374 | - | ||
| 375 | - | (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 27 | |
| 376 | - | MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 28 | |
| 377 | - | STEWARDSHIP PROGRAM. 29 | |
| 378 | - | ||
| 379 | - | (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 30 | |
| 380 | - | EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 31 SENATE BILL 260 9 | |
| 381 | - | ||
| 382 | - | ||
| 383 | - | DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE 1 | |
| 384 | - | PAINT STEWARDSHIP PROGRAM ARE COVERED BUT NOT EXCEEDED. 2 | |
| 385 | - | ||
| 386 | - | (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 3 | |
| 387 | - | FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 4 | |
| 388 | - | ||
| 389 | - | (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 5 | |
| 390 | - | IMPLEMENT AND SUSTAI N THE PAINT STEWARDSHIP PROGRAM. 6 | |
| 391 | - | ||
| 392 | - | (9) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 7 | |
| 393 | - | SUBMIT A REVISED PLA N OR AMENDMENT TO TH E PLAN TO THE DEPARTMENT FOR 8 | |
| 394 | - | APPROVAL: 9 | |
| 395 | - | ||
| 396 | - | (I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 10 | |
| 397 | - | ||
| 398 | - | (II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 11 | |
| 399 | - | AMOUNT OF THE PAIN T STEWARDSHIP ASSESS MENT. 12 | |
| 400 | - | ||
| 401 | - | (B) (1) THE DEPARTMENT SHALL REVI EW: 13 | |
| 402 | - | ||
| 403 | - | (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 14 | |
| 404 | - | UNDER SUBSECTION (A) OF THIS SECTION; AND 15 | |
| 405 | - | ||
| 406 | - | (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 16 | |
| 407 | - | AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUATE PAINT STEWA RDSHIP 17 | |
| 408 | - | ASSESSMENTS . 18 | |
| 409 | - | ||
| 410 | - | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 19 | |
| 411 | - | SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 20 | |
| 412 | - | DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 21 | |
| 413 | - | 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 22 | |
| 414 | - | REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 23 | |
| 415 | - | AS DETERMINED BY THE DEPARTMENT . 24 | |
| 416 | - | ||
| 417 | - | (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 25 | |
| 418 | - | STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 26 | |
| 419 | - | ASSESSMENT, COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 27 | |
| 420 | - | SECTION AND THAT IT DEMONSTR ATES A NET BENEFIT C OMPARED TO THE 28 | |
| 421 | - | COLLECTION PROGRAMS AVAILABLE TO CONSUME RS IN 2022, THE DEPARTMENT 29 | |
| 422 | - | SHALL APPROVE THE PROGRAM. 30 | |
| 423 | - | ||
| 424 | - | (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE PRODU CERS 31 | |
| 425 | - | AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 32 | |
| 426 | - | STEWARDSHIP PROGRAM. 33 10 SENATE BILL 260 | |
| 287 | + | 9–1731. RESERVED. 31 SENATE BILL 260 7 | |
| 427 | 288 | ||
| 428 | 289 | ||
| 429 | 290 | ||
| 430 | - | (C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 1 | |
| 431 | - | IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 2 | |
| 432 | - | THE PLAN’S APPROVAL BY THE DEPARTMENT . 3 | |
| 291 | + | 9–1732. RESERVED. 1 | |
| 433 | 292 | ||
| 434 | - | (2) BEGINNING JANUARY 1, 2025, OR 6 MONTHS AFTER PLAN 4 | |
| 435 | - | APPROVAL, WHICHEVER IS LATER : 5 | |
| 293 | + | PART V. PAINT STEWARDSHIP PROGRAM. 2 | |
| 436 | 294 | ||
| 437 | - | (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 6 | |
| 438 | - | SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 7 | |
| 439 | - | THE PRODUCER OF THE BRAND OR A REPRESENTATIVE ORGANIZATION OF WHIC H 8 | |
| 440 | - | THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 9 | |
| 441 | - | STEWARDSHIP PROGRAM; 10 | |
| 295 | + | 9–1733. 3 | |
| 442 | 296 | ||
| 443 | - | (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 11 | |
| 444 | - | ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 12 | |
| 445 | - | TO THE COST OF ALL ARCHITECTURAL PA INT SOLD TO RETAILER S AND 13 | |
| 446 | - | DISTRIBUTED IN THE STATE; AND 14 | |
| 297 | + | (A) (1) ON OR BEFORE JULY 1, 2024, PRODUCERS OF ARCHITE CTURAL 4 | |
| 298 | + | PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 5 | |
| 299 | + | ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 6 | |
| 300 | + | ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 7 | |
| 301 | + | APPROVAL. 8 | |
| 447 | 302 | ||
| 448 | - | ( | |
| 449 | - | ||
| 450 | - | PAINT | |
| 303 | + | (2) THE PLAN SHALL MINIMIZE PUBLI C SECTOR INVOLVEMENT IN, 9 | |
| 304 | + | AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 10 | |
| 305 | + | PAINT BY: 11 | |
| 451 | 306 | ||
| 452 | - | (D) A PRODUCER OR REPRESENTATIVE ORGAN IZATION PARTICIPATIN G IN 18 | |
| 453 | - | AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 19 | |
| 454 | - | EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 20 | |
| 307 | + | (I) REDUCING ITS GENERATI ON; 12 | |
| 455 | 308 | ||
| 456 | - | (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 21 | |
| 457 | - | MANAGEMENT OPTIONS F OR ARCHITECTURA L PAINT OFFERED THRO UGH THE 22 | |
| 458 | - | PROGRAM; AND 23 | |
| 309 | + | (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 13 | |
| 459 | 310 | ||
| 460 | - | (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 24 | |
| 461 | - | ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 25 | |
| 462 | - | PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT 26 | |
| 463 | - | SOLD IN THE STATE. 27 | |
| 311 | + | (III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 14 | |
| 312 | + | TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 15 | |
| 313 | + | OF POSTCONSUMER PAIN T. 16 | |
| 464 | 314 | ||
| 465 | - | (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 28 | |
| 466 | - | PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 29 | |
| 467 | - | ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 30 | |
| 468 | - | ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT’S 31 | |
| 469 | - | WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 32 | |
| 470 | - | STEWARDSHIP PROGRAM. 33 | |
| 471 | - | SENATE BILL 260 11 | |
| 315 | + | (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 17 | |
| 316 | + | STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 18 | |
| 472 | 317 | ||
| 318 | + | (I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 19 | |
| 319 | + | EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 20 | |
| 320 | + | CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 21 | |
| 473 | 321 | ||
| 474 | - | ( | |
| 475 | - | ||
| 476 | - | ||
| 322 | + | (II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 22 | |
| 323 | + | PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 23 | |
| 324 | + | IN THE STATE THAT ARE COVERED BY THE PROGRAM; 24 | |
| 477 | 325 | ||
| 478 | - | (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 4 | |
| 479 | - | THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 5 | |
| 480 | - | ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 6 | |
| 481 | - | IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTIT RUST, 7 | |
| 482 | - | RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 8 | |
| 483 | - | UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 9 | |
| 326 | + | (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 25 | |
| 327 | + | BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 26 | |
| 328 | + | WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 27 | |
| 329 | + | AGREEABLE; AND 28 | |
| 484 | 330 | ||
| 485 | - | (H) (1) BEGINNING APRIL 1, 2025, AND ANNUALLY THEREAF TER, THE 10 | |
| 486 | - | PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 11 | |
| 487 | - | DEPARTME NT THAT DETAILS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 12 | |
| 488 | - | ||
| 489 | - | (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 13 | |
| 490 | - | TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 14 | |
| 491 | - | ||
| 492 | - | (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 15 | |
| 493 | - | EACH COUNTY IN THE STATE; 16 | |
| 494 | - | ||
| 495 | - | (III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 17 | |
| 496 | - | COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 18 | |
| 497 | - | RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 19 | |
| 498 | - | AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 20 | |
| 499 | - | STATE FOR EACH COUNTY IN THE STATE; 21 | |
| 500 | - | ||
| 501 | - | (IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAI NING THE 22 | |
| 502 | - | PROGRAM, AS DETERMINED BY AN THE INDEPENDENT FINANCIA L AUDIT FUNDED 23 | |
| 503 | - | BY THE PAINT STEWARD SHIP ASSESSMENT ; AND 24 | |
| 504 | - | ||
| 505 | - | (V) THE TOTAL FEES COLLEC TED IN EACH COUNTY I N THE 25 | |
| 506 | - | STATE, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 26 | |
| 507 | - | PAINT STEWARDSHIP AS SESSMENT; AND 27 | |
| 508 | - | ||
| 509 | - | (VI) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 28 | |
| 510 | - | CONSUMERS OF ARCHITE CTURAL PAINT. 29 | |
| 511 | - | ||
| 512 | - | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 30 | |
| 513 | - | SUBMITS A REPORT REQUIRED UNDER THIS SECTION S HALL PAY A REPORT RE VIEW 31 | |
| 514 | - | FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 32 | |
| 515 | - | FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 33 | |
| 516 | - | OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 34 | |
| 517 | - | OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 35 12 SENATE BILL 260 | |
| 331 | + | (IV) PROVIDES GEOGRAPHIC MODELING TO DETERMINE THE 29 | |
| 332 | + | NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 30 | |
| 333 | + | BASED ON THE FOLLOWI NG CRITERIA: 31 8 SENATE BILL 260 | |
| 518 | 334 | ||
| 519 | 335 | ||
| 520 | 336 | ||
| 521 | - | (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 1 | |
| 522 | - | MAKE AVAILABLE TO EA CH COUNTY THE INFORM ATION REQUIRED UNDER 2 | |
| 523 | - | PARAGRAPH (1)(III) OF THIS SUBSECTION I N A MANNER THAT PROV IDES A COUNTY 3 | |
| 524 | - | WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 4 | |
| 525 | - | DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 5 | |
| 337 | + | 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 1 | |
| 338 | + | SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 2 | |
| 526 | 339 | ||
| 527 | - | (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 6 | |
| 528 | - | REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 7 | |
| 340 | + | 2. UNLESS OTHERWISE APPR OVED BY THE 3 | |
| 341 | + | DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 4 | |
| 342 | + | EVERY 50,000 RESIDENTS. 5 | |
| 529 | 343 | ||
| 530 | - | (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 8 | |
| 531 | - | PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 9 | |
| 532 | - | THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 10 | |
| 533 | - | PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 11 | |
| 344 | + | (4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT 6 | |
| 345 | + | COLLECTION SITE IF : 7 | |
| 534 | 346 | ||
| 535 | - | ( | |
| 536 | - | ||
| 347 | + | (I) THE RETAILER VOLUNTEE RS TO ACT AS A PO STCONSUMER 8 | |
| 348 | + | PAINT COLLECTION SIT E; 9 | |
| 537 | 349 | ||
| 538 | - | (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 14 | |
| 539 | - | STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 15 | |
| 540 | - | ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 16 | |
| 541 | - | SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 17 | |
| 350 | + | (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 10 | |
| 351 | + | LAWS AND REGULATIONS ; AND 11 | |
| 542 | 352 | ||
| 543 | - | (3) THE PRODU CER OR REPRESENTATIV E ORGANIZATION SHALL 18 | |
| 544 | - | MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 19 | |
| 353 | + | (III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 12 | |
| 354 | + | MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 13 | |
| 355 | + | COLLECTION LOCA TIONS. 14 | |
| 545 | 356 | ||
| 546 | - | (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 20 | |
| 547 | - | DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 21 | |
| 548 | - | KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 22 | |
| 549 | - | INSPECTION. 23 | |
| 357 | + | (5) THE PLAN SHALL ESTABL ISH: 15 | |
| 550 | 358 | ||
| 551 | - | (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 24 | |
| 552 | - | NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 25 | |
| 553 | - | RETAILER, OR REPRESENTATIVE OR GANIZATION. 26 | |
| 359 | + | (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 16 | |
| 360 | + | ARCHITECTURAL PAINT SOLD IN THE STATE; AND 17 | |
| 554 | 361 | ||
| 555 | - | 9–1734. 27 | |
| 362 | + | (II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A 18 | |
| 363 | + | PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 19 | |
| 364 | + | ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 20 | |
| 365 | + | CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 21 | |
| 556 | 366 | ||
| 557 | - | (A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 28 | |
| 558 | - | VIOLATIONS OF THIS P ART. 29 | |
| 367 | + | (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 22 | |
| 368 | + | MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 23 | |
| 369 | + | STEWARDSHIP PROGRAM. 24 | |
| 559 | 370 | ||
| 560 | - | (B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLL ECTED UNDER 30 | |
| 561 | - | THIS SECTION INTO TH E STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 31 | |
| 562 | - | 9–1707 OF THIS SUBTITLE . 32 | |
| 563 | - | SENATE BILL 260 13 | |
| 371 | + | (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 25 | |
| 372 | + | EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 26 | |
| 373 | + | DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE 27 | |
| 374 | + | PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 28 | |
| 375 | + | ||
| 376 | + | (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 29 | |
| 377 | + | FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 30 | |
| 378 | + | SENATE BILL 260 9 | |
| 564 | 379 | ||
| 565 | 380 | ||
| 566 | - | | |
| 567 | - | ||
| 381 | + | (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 1 | |
| 382 | + | IMPLEMENT AND SUSTAIN THE PAINT STEWARDSHIP PROGRAM. 2 | |
| 568 | 383 | ||
| 569 | - | (1) review the costs and benefits of the Maryland Paint Stewardship 3 | |
| 570 | - | Program, comparing the Program to paint stewardship programs and extended producer 4 | |
| 571 | - | responsibility programs in other states, and making recommendations if necessary for 5 | |
| 572 | - | improvements to the Program; and 6 | |
| 384 | + | (9) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 3 | |
| 385 | + | SUBMIT A REVISED PLA N OR AMENDMENT TO TH E PLAN TO THE DEPARTMENT FOR 4 | |
| 386 | + | APPROVAL: 5 | |
| 573 | 387 | ||
| 574 | - | (2) submit a report on the findings of the review required under item (1) of 7 | |
| 575 | - | this section to the Governor and, in accordance with § 2–1257 of the State Government 8 | |
| 576 | - | Article, the Senate Committee on Education, Energy, and the Environment and the House 9 | |
| 577 | - | Environment and Transportation Committee. 10 | |
| 388 | + | (I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 6 | |
| 578 | 389 | ||
| 579 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 | |
| 580 | - | July 1, 2023. 12 | |
| 390 | + | (II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 7 | |
| 391 | + | AMOUNT OF THE PAINT STEWARDSHIP ASSESSME NT. 8 | |
| 392 | + | ||
| 393 | + | (B) (1) THE DEPARTMENT SHALL REVI EW: 9 | |
| 394 | + | ||
| 395 | + | (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 10 | |
| 396 | + | UNDER SUBSECTION (A) OF THIS SECTION; AND 11 | |
| 397 | + | ||
| 398 | + | (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 12 | |
| 399 | + | AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 13 | |
| 400 | + | ASSESSMENTS. 14 | |
| 401 | + | ||
| 402 | + | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 15 | |
| 403 | + | SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 16 | |
| 404 | + | DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 17 | |
| 405 | + | 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 18 | |
| 406 | + | REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 19 | |
| 407 | + | AS DETERMINED BY THE DEPARTMENT . 20 | |
| 408 | + | ||
| 409 | + | (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 21 | |
| 410 | + | STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 22 | |
| 411 | + | ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSECTION (A) OF THIS 23 | |
| 412 | + | SECTION, THE DEPARTMENT SHALL APPR OVE THE PROGRAM. 24 | |
| 413 | + | ||
| 414 | + | (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 25 | |
| 415 | + | AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 26 | |
| 416 | + | STEWARDSHIP PROGRAM. 27 | |
| 417 | + | ||
| 418 | + | (C) (1) A PRODUCER OR REPRES ENTATIVE ORGANIZATIO N SHALL 28 | |
| 419 | + | IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 29 | |
| 420 | + | THE PLAN’S APPROVAL BY THE DEPARTMENT . 30 | |
| 421 | + | ||
| 422 | + | (2) BEGINNING JANUARY 1, 2025, OR 6 MONTHS AFTER PLAN 31 | |
| 423 | + | APPROVAL, WHICHEVER IS LATER : 32 | |
| 424 | + | 10 SENATE BILL 260 | |
| 581 | 425 | ||
| 582 | 426 | ||
| 427 | + | (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFER FO R 1 | |
| 428 | + | SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 2 | |
| 429 | + | THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 3 | |
| 430 | + | THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 4 | |
| 431 | + | STEWARDSHIP PROGRAM; 5 | |
| 432 | + | ||
| 433 | + | (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 6 | |
| 434 | + | ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 7 | |
| 435 | + | TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 8 | |
| 436 | + | DISTRIBUTED IN THE STATE; AND 9 | |
| 437 | + | ||
| 438 | + | (III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 10 | |
| 439 | + | STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 11 | |
| 440 | + | PAINT SOLD IN THE STATE. 12 | |
| 441 | + | ||
| 442 | + | (D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 13 | |
| 443 | + | AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 14 | |
| 444 | + | EDUCATIONAL MATERIAL S REGARDING T HE PROGRAM THAT INCLUDE : 15 | |
| 445 | + | ||
| 446 | + | (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 16 | |
| 447 | + | MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 17 | |
| 448 | + | PROGRAM; AND 18 | |
| 449 | + | ||
| 450 | + | (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 19 | |
| 451 | + | ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 20 | |
| 452 | + | PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT 21 | |
| 453 | + | SOLD IN THE STATE. 22 | |
| 454 | + | ||
| 455 | + | (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 23 | |
| 456 | + | PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 24 | |
| 457 | + | ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDER ED FROM THE PRODUCER OR 25 | |
| 458 | + | ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 26 | |
| 459 | + | WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 27 | |
| 460 | + | STEWARDSHIP PROGRAM. 28 | |
| 461 | + | ||
| 462 | + | (F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 29 | |
| 463 | + | PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT 30 | |
| 464 | + | IS OFFERED FOR DISPO SAL. 31 | |
| 465 | + | ||
| 466 | + | (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 32 | |
| 467 | + | THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 33 | |
| 468 | + | ACCORDANCE WITH AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 34 | |
| 469 | + | IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 35 SENATE BILL 260 11 | |
| 583 | 470 | ||
| 584 | 471 | ||
| 585 | - | Approved: | |
| 586 | - | ________________________________________________________________________________ | |
| 587 | - | Governor. | |
| 588 | - | ________________________________________________________________________________ | |
| 589 | - | President of the Senate. | |
| 590 | - | ________________________________________________________________________________ | |
| 591 | - | Speaker of the House of Delegates. | |
| 472 | + | RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 1 | |
| 473 | + | UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 2 | |
| 474 | + | ||
| 475 | + | (H) (1) BEGINNING APRIL 1, 2025, AND ANNUALLY THEREAF TER, THE 3 | |
| 476 | + | PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 4 | |
| 477 | + | DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 5 | |
| 478 | + | ||
| 479 | + | (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 6 | |
| 480 | + | TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 7 | |
| 481 | + | ||
| 482 | + | (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 8 | |
| 483 | + | THE STATE; 9 | |
| 484 | + | ||
| 485 | + | (III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 10 | |
| 486 | + | COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 11 | |
| 487 | + | RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOSAL, THAT INCLUDES 12 | |
| 488 | + | AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 13 | |
| 489 | + | STATE FOR EACH COUNTY IN THE STATE; 14 | |
| 490 | + | ||
| 491 | + | (IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAINING THE 15 | |
| 492 | + | PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 16 | |
| 493 | + | PAINT STEWARDSHIP AS SESSMENT; AND 17 | |
| 494 | + | ||
| 495 | + | (V) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 18 | |
| 496 | + | CONSUMERS OF ARCHITE CTURAL PAINT. 19 | |
| 497 | + | ||
| 498 | + | (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 20 | |
| 499 | + | SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 21 | |
| 500 | + | FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 22 | |
| 501 | + | FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 23 | |
| 502 | + | OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 24 | |
| 503 | + | OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 25 | |
| 504 | + | ||
| 505 | + | (3) THE PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 26 | |
| 506 | + | MAKE AVAILABLE TO EA CH COUNTY THE INFORM ATION REQUIRED UNDER 27 | |
| 507 | + | PARAGRAPH (1)(III) OF THIS SUBSECTION I N A MANNER THAT PROV IDES A COUNTY 28 | |
| 508 | + | WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 29 | |
| 509 | + | DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 30 | |
| 510 | + | ||
| 511 | + | (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 31 | |
| 512 | + | REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND : 32 | |
| 513 | + | ||
| 514 | + | (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 33 | |
| 515 | + | PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 34 12 SENATE BILL 260 | |
| 516 | + | ||
| 517 | + | ||
| 518 | + | THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 1 | |
| 519 | + | PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION; AND 2 | |
| 520 | + | ||
| 521 | + | (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 3 | |
| 522 | + | IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 4 | |
| 523 | + | ||
| 524 | + | (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 5 | |
| 525 | + | STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 6 | |
| 526 | + | ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 7 | |
| 527 | + | SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 8 | |
| 528 | + | ||
| 529 | + | (3) THE PRODUCER OR REPRESENTATIVE OR GANIZATION SHALL 9 | |
| 530 | + | MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 10 | |
| 531 | + | ||
| 532 | + | (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 11 | |
| 533 | + | DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 12 | |
| 534 | + | KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 13 | |
| 535 | + | INSPECTION. 14 | |
| 536 | + | ||
| 537 | + | (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 15 | |
| 538 | + | NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 16 | |
| 539 | + | RETAILER, OR REPRESENTATIVE OR GANIZATION. 17 | |
| 540 | + | ||
| 541 | + | 9–1734. 18 | |
| 542 | + | ||
| 543 | + | (A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 19 | |
| 544 | + | VIOLATIONS OF THIS P ART. 20 | |
| 545 | + | ||
| 546 | + | (B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLL ECTED UNDER 21 | |
| 547 | + | THIS SECTION INTO TH E STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 22 | |
| 548 | + | 9–1707 OF THIS SUBTITLE . 23 | |
| 549 | + | ||
| 550 | + | SECTION 2. AND BE IT FURTHER ENACTE D, That this Act shall take effect July 24 | |
| 551 | + | 1, 2023. 25 | |
| 552 | + |