EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0001*
HOUSE BILL 1
M3 4lr0809
HB 255/23 – ENT & ECM (PRE–FILED) CF SB 325
By: Delegates Boyce, Charkoudian, Ebersole, Lehman, R. Lewis, Stein, and
Terrasa
Requested: October 3, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation and Economic Matters
Committee Report: Favorable
House action: Adopted
Read second time: February 21, 2024
CHAPTER ______
AN ACT concerning 1
Maryland Paint Stewardship 2
FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3
State or a certain representative organization to submit a plan for the establishment 4
of a Paint Stewardship Program to the Department of the Environment for approval 5
on or before a certain date and in accordance with certain requirements; requiring a 6
certain plan to establish a certain assessment on architectural paint sold in the State 7
that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8
transporting, and processing postconsumer paint statewide; requiring the Office of 9
Recycling within the Department to review and approve certain plans, including a 10
certain assessment, submitted in accordance with the Paint Stewardship Program; 11
requiring certain producers and retailers or distributors to add a certain assessment 12
to the cost of all architectural paint sold in the State beginning on a certain date; 13
requiring a certain producer or representative organization to implement a certain 14
program within a certain amount of time after the Department approves a certain 15
plan; prohibiting a producer or retailer from selling or offering for sale certain 16
architectural paint under certain circumstances beginning on a certain date or after 17
a certain amount of time after the Department approves a certain plan, whichever 18
is later; requiring the Department to complete a certain review and submit a certain 19
report on or before a certain date; and generally relating to the Paint Stewardship 20
Program. 21
BY repealing and reenacting, without amendments, 22 2 HOUSE BILL 1
Article – Environment 1
Section 9–1701(a), (i), and (m) and 9–1705 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2023 Supplement) 4
BY adding to 5
Article – Environment 6
Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 7
and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 9–1701(i–1), 9–1702, and 9–1707(f) 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Environment 18
9–1701. 19
(a) In this subtitle the following words have the meanings indicated. 20
(B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 21
ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 22
(2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 23
COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 24
(i) “Director” means the Director of the Office of Recycling. 25
(I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 26
RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 27
ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 28
[(i–1)] (I–2) “Food residuals” means material derived from the processing or 29
discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 30
products, and meats. 31
(m) “Office” means the Office of Recycling within the Department. 32
HOUSE BILL 1 3
(O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 1
THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 2
NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 3
COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 4
STATEWIDE. 5
(O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 6
AND NO LONGER WANTED BY A PURCHASER . 7
(O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTUR AL PAINT 8
THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 9
THE PRODUCER ’S OWN NAME OR BRAND . 10
(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 11
ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 12
PROGRAM. 13
(R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 14
FOR SALE AT RETAIL I N THE STATE. 15
(R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 16
CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 17
OUTLETS, CATALOGUES , THE INTERNET, OR ANY OT HER SIMILAR ELECTRON IC 18
MEANS. 19
9–1702. 20
(a) There is an Office of Recycling created within the Department. 21
(b) The Secretary shall appoint a Director and sufficient staff to perform the 22
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 23
budget. 24
(c) The Secretary may adopt regulations to carry out the provisions of this 25
subtitle. 26
(d) The Office shall: 27
(1) Assist the counties in developing an acceptable recycling plan required 28
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 29
the local governments; 30
(2) Coordinate the efforts of the State to facilitate the implementation of 31
the recycling goals at the county level; 32
4 HOUSE BILL 1
(3) Review all recycling plans submitted as part of a county plan as 1
required under § 9–505 of this title and advise the Secretary on the adequacy of the 2
recycling plan; 3
(4) Administer the Statewide Electronics Recycling Program under Part IV 4
of this subtitle; [and] 5
(5) Promote the development of markets for recycled materials and 6
recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 7
(6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 8
THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 9
STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 10
(e) On or before December 31, 2024, and every 2 years thereafter, the Office shall, 11
in coordination with the Maryland Environmental Service, study and report to the 12
Governor and, subject to § 2–1257 of the State Government Article, the General Assembly 13
on: 14
(1) The identification and location of recycling centers, including an 15
analysis of existing recycling centers and the need to expand these facilities or construct 16
new recycling centers; 17
(2) Programs necessary to educate the public on the need to participate in 18
recycling efforts; 19
(3) The economics and financing of existing and proposed systems of waste 20
disposal and recycling; 21
(4) State procurement policies for the purchase of recycled materials; 22
(5) Programs necessary to reduce the amount of solid waste generated for 23
disposal by a State agency or unit; 24
(6) The liaison role with local governments, the federal government, and 25
the private sector; 26
(7) The percentage reduction in the amount of solid waste that has been 27
achieved by each county; and 28
(8) Economically feasible methods for the recycling of scrap automobile 29
tires, batteries, and white goods. 30
(f) (1) By December 1, 1988, the Office shall, in coordination with the 31
Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 32
recommendations to the General Assembly for the financing of a comprehensive system of 33 HOUSE BILL 1 5
recycling at the State and local level, including funding for recycling centers, recycling 1
equipment, recycling education, and marketing strategies. 2
(2) After the financing recommendations are made under paragraph (1) of 3
this subsection, each county may submit to the Office and the Governor a detailed request 4
for funds necessary to assist in the development and implementation of a recycling plan 5
under guidelines developed by the Office. 6
(g) In studying feasible methods for the management and recycling of used tires 7
under subsection [(e)(9)] (E)(8) of this section, the Office of Recycling shall consult with 8
the appropriate industry, including representatives of: 9
(1) Tire manufacturers; 10
(2) Tire dealers; and 11
(3) Tire recyclers. 12
9–1705. 13
(a) Beginning on July 1, 1990, and biannually thereafter, each county which has 14
not achieved the percentage of reduction in its solid waste stream required by this article 15
shall, as a part of its solid waste plan update, provide a report to the Department which 16
shall include: 17
(1) The total amount, by weight, of solid waste collected; 18
(2) The total amount, by weight, of solid waste disposed of at solid waste 19
acceptance facilities; 20
(3) The amount and types of materials recycled; 21
(4) The methods of disposal of solid waste used, other than recycling; and 22
(5) The percentage reduction in the solid waste stream that has been 23
achieved. 24
(b) A county that has achieved the percentage of solid waste stream reduction 25
required by this article shall provide the report described in subsection (a) of this section to 26
the Department annually, on a calendar year basis. 27
(c) All reports shall be provided within 90 days after the close of the annual or 28
biannual reporting period. 29
9–1707. 30
(f) (1) There is a State Recycling Trust Fund. 31 6 HOUSE BILL 1
(2) The Fund shall consist of: 1
(i) The newsprint recycling incentive fee; 2
(ii) The telephone directory recycling incentive fee collected under § 3
9–1709 of this subtitle; 4
(iii) The covered electronic device manufacturer registration fee 5
collected under § 9–1728 of this subtitle; 6
(IV) THE PAINT STEWARDSH IP PROGRAM PLAN AND ANNU AL 7
REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 8
[(iv)] (V) All fines and penalties collected under this subtitle; 9
[(v)] (VI) Money appropriated in the State budget to the Fund; and 10
[(vi)] (VII) Any other money from any other source accepted for the 11
benefit of the Fund. 12
(3) The Secretary shall administer the Fund. 13
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 14
account for the Fund. 15
(5) At the end of each fiscal year, any unspent or unencumbered balance in 16
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 17
accordance with § 7–302 of the State Finance and Procurement Article. 18
(6) In accordance with the State budget, the Fund shall be used only: 19
(i) To provide grants to the counties to be used by the counties to 20
develop and implement local recycling plans; 21
(ii) To provide grants to counties that have addressed methods for 22
the separate collection and recycling of covered electronic devices in accordance with § 23
9–1703(c)(1) of this subtitle; 24
(iii) To provide grants to municipalities to be used by the 25
municipalities to implement local covered electronic device recycling programs; [and] 26
(IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 27
PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 28
REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 29
FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 30 HOUSE BILL 1 7
[(iv)] (V) To carry out the purposes of the land management 1
administration. 2
(7) (i) The Treasurer shall invest the money in the Fund in the same 3
manner as other State money may be invested. 4
(ii) Any investment earnings of the Fund shall be credited to the 5
General Fund of the State. 6
9–1731. RESERVED. 7
9–1732. RESERVED. 8
PART V. PAINT STEWARDSHIP PROGRAM. 9
9–1733. 10
(A) (1) ON OR BEFORE JULY 1, 2025, PRODUCERS OF ARCHITE CTURAL 11
PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 12
ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 13
ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 14
APPROVAL. 15
(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 16
AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 17
PAINT BY: 18
(I) REDUCING ITS GENERATI ON; 19
(II) PROMOTING ITS REUSE A ND RECYCLING ; AND 20
(III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 21
TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 22
OF POSTCONSUMER PAIN T. 23
(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 24
STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 25
(I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 26
EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 27
CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 28
8 HOUSE BILL 1
(II) IDENTIFIES EACH PRODU CER PARTICIP ATING IN THE 1
PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 2
IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 3
(III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 4
BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 5
WASTE COLLECTION INFRASTRU CTURE IN A MANNER TH AT IS MUTUALLY 6
AGREEABLE; AND 7
(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 8
NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 9
BASED ON THE FOLLOWI NG CRITERIA: 10
1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 11
SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 12
2. UNLESS OTHERWISE APPR OVED BY THE 13
DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 14
EVERY 50,000 RESIDENTS. 15
(4) THE PLAN MAY IDENTIFY A RETAILER AS A POSTCONSUMER PAI NT 16
COLLECTION SITE IF : 17
(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 18
PAINT COLLECTION SIT E; 19
(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 20
LAWS AND REGULATIONS ; AND 21
(III) THE SITE LOCATION OF THE RETAILER IS CONSISTENT WITH 22
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 23
COLLECTION LOCATIONS . 24
(5) THE PLAN SHALL ESTABL ISH: 25
(I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 26
ARCHITECTURAL PAINT SOLD IN THE STATE; AND 27
(II) A MECHANISM FOR PAI NT PRODUCERS PARTICI PATING IN A 28
PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 29
ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 30
CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 31
HOUSE BILL 1 9
(6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 1
MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 2
STEWARDSHIP PROGRAM. 3
(7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 4
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 5
DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTA INING THE 6
PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 7
(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 8
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 9
(8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 10
IMPLEMENT AND SUSTAI N THE PAINT STEWARDSHIP PROGRAM. 11
(9) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 12
SUBMIT A REVISED PLA N OR AMENDMENT TO TH E PLAN TO THE DEPARTMENT FOR 13
APPROVAL: 14
(I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 15
(II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 16
AMOUNT OF THE PAINT STEWARDSHIP ASSESSME NT. 17
(B) (1) THE DEPARTMENT SHALL REVI EW: 18
(I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 19
UNDER SUBSECTION (A) OF THIS SECTION; AND 20
(II) THE WORK PRODUCT OF T HE INDEPENDENT FINANCIA L 21
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 22
ASSESSMENTS . 23
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 24
SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 25
DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 26
9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 27
REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 28
AS DETERMINED BY THE DEPARTMENT . 29
(3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 30
STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 31
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 32
SECTION AND THAT IT DEMONSTR ATES A NET BENEFIT C OMPARED TO THE 33 10 HOUSE BILL 1
COLLECTION PROGRAMS AVAILABLE TO CONSUME RS IN 2023, THE DEPARTMENT 1
SHALL APPROVE THE PROGRAM. 2
(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 3
AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 4
STEWARDSHIP PROGRAM. 5
(C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 6
IMPLEMENT ITS PAINT STEWARDS HIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 7
THE PLAN’S APPROVAL BY THE DEPARTMENT . 8
(2) BEGINNING JANUARY 1, 2026, OR 6 MONTHS AFTER PLAN 9
APPROVAL, WHICHEVER IS LATER : 10
(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 11
SALE A BRAND OF ARCH ITECTURAL PAINT TO ANY PERSON IN THE STATE, UNLESS 12
THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 13
THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 14
STEWARDSHIP PROGRAM; 15
(II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 16
ASSESSMENT ESTA BLISHED UNDER AN APP ROVED PAINT STEWARDSHIP PROGRAM 17
TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 18
DISTRIBUTED IN THE STATE; AND 19
(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 20
STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCH ITECTURAL 21
PAINT SOLD IN THE STATE. 22
(D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 23
AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 24
EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 25
(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 26
MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 27
PROGRAM; AND 28
(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 29
ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 30
PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PA INT 31
SOLD IN THE STATE. 32
(E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 33
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 34 HOUSE BILL 1 11
ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 1
ITS AGENT, THE PRODUCER OF THE P AINT BRAND IS LISTED ON THE DEPARTMENT ’S 2
WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 3
STEWARDSHIP PROGRAM. 4
(F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 5
PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PAINT WHEN IT 6
IS OFFERED FOR DISPO SAL. 7
(G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 8
THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 9
ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 10
IMMUNE FROM LIABILITY FOR A NY CLAIM OF A VIOLAT ION OF ANTITRUST , 11
RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 12
UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 13
(H) (1) BEGINNING APRIL 1, 2026, AND ANNUALLY THEREAF TER, THE 14
PRODUCER OR REPRESENTATIVE ORGAN IZATION SHALL SUBMIT A REPORT TO THE 15
DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 16
(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 17
TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 18
(II) THE VOLUME OF POSTCONSUMER PAINT C OLLECTED IN 19
EACH COUNTY IN THE STATE; 20
(III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 21
COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 22
RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 23
AN ACCOUNT ING OF THE VOLUME OF POSTCONSUMER PAINT C OLLECTED IN THE 24
STATE FOR EACH COUNTY IN THE STATE; 25
(IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAI NING THE 26
PROGRAM, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY 27
THE PAINT STEWARDSHI P ASSESSMENT ; 28
(V) THE TOTAL FEES COLLEC TED IN EACH COUNTY I N THE 29
STATE, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 30
PAINT STEWARDSHIP AS SESSMENT; AND 31
(VI) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 32
CONSUMERS OF ARCHITE CTURAL PAINT. 33
12 HOUSE BILL 1
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 1
SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 2
FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 3
FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 4
OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 5
OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 6
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 7
MAKE AVAILABLE TO EA CH COUNTY THE INFORM ATION REQUIRED UNDER 8
PARAGRAPH (1)(III) OF THIS SUBSECTION IN A M ANNER THAT PROVIDES A COUNTY 9
WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 10
DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 11
(I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 12
REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND: 13
(I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 14
PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 15
THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 16
PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(6) OF THIS SECTION; AND 17
(II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 18
IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 19
(2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 20
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 21
ASSESSMENT , COMPLIES WITH THE REQUIREMENT S OF SUBSECTION (A) OF THIS 22
SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 23
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 24
MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 25
(J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORTED TO THE 26
DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 27
KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 28
INSPECTION. 29
(2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 30
NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 31
RETAILER, OR REPRESENTATIVE OR GANIZATION. 32
9–1734. 33
HOUSE BILL 1 13
(A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 1
VIOLATIONS OF THIS P ART. 2
(B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLL ECTED UNDER 3
THIS SECTION INTO THE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 4
9–1707 OF THIS SUBTITLE . 5
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 6
2028, the Department of the Environment shall: 7
(1) review the costs and benefits of the Maryland Paint Stewardship 8
Program, comparing the Program to paint stewardship programs and extended producer 9
responsibility programs in other states and making recommendations if necessary for 10
improvements to the Program; and 11
(2) submit a report on the findings of the review required under item (1) of 12
this section to the Governor and, in accordance with § 2–1257 of the State Government 13
Article, the Senate Committee on Education, Energy, and the Environment and the House 14
Environment and Transportation Committee. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2024. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.