MD
Maryland House Bill HB1

Maryland 2024 Regular Session

Maryland House Bill HB1 Compare Versions

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1- WES MOORE, Governor Ch. 587
21
3-– 1 –
4-Chapter 587
5-(House Bill 1)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0001*
89
9-Maryland Paint Stewardship
10+HOUSE BILL 1
11+M3 4lr0809
12+HB 255/23 – ENT & ECM (PRE–FILED) CF SB 325
13+By: Delegates Boyce, Charkoudian, Ebersole, Lehman, R. Lewis, Stein, and
14+Terrasa
15+Requested: October 3, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Environment and Transportation and Economic Matters
18+Committee Report: Favorable
19+House action: Adopted
20+Read second time: February 21, 2024
1021
11-FOR the purpose of requiring certain producers of architectural paint sold at retail in the
12-State or a certain representative organization to submit a plan for the establishment
13-of a Paint Stewardship Program to the Department of the Environment for approval
14-on or before a certain date and in accordance with certain requirements; requiring a
15-certain plan to establish a certain assessment on architectural paint sold in the State
16-that is necessary to cover the Paint Stewardship Program’s cost of collecting,
17-transporting, and processing postconsumer paint statewide; requiring the Office of
18-Recycling within the Department to review and approve certain plans, including a
19-certain assessment, submitted in accordance with the Paint Stewardship Program;
20-requiring certain producers and retailers or distributors to add a certain assessment
21-to the cost of all architectural paint sold in the State beginning on a certain date;
22-requiring a certain producer or representative organization to implement a certain
23-program within a certain amount of time after the Department approves a certain
24-plan; prohibiting a producer or retailer from selling or offering for sale certain
25-architectural paint under certain circumstances beginning on a certain date or after
26-a certain amount of time after the Department approves a certain plan, whichever
27-is later; requiring the Department to complete a certain review and submit a certain
28-report on or before a certain date; and generally relating to the Paint Stewardship
29-Program.
22+CHAPTER ______
3023
31-BY repealing and reenacting, without amendments,
32- Article – Environment
33-Section 9–1701(a), (i), and (m) and 9–1705
34- Annotated Code of Maryland
35- (2014 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
3625
37-BY adding to
38- Article – Environment
39-Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733
40-and 9–1734 to be under the new part “Part V. Paint Stewardship Program”
41- Annotated Code of Maryland
42- (2014 Replacement Volume and 2023 Supplement)
26+Maryland Paint Stewardship 2
4327
44-BY repealing and reenacting, with amendments,
45- Article – Environment
46-Section 9–1701(i–1), 9–1702, and 9–1707(f)
47- Annotated Code of Maryland
48- (2014 Replacement Volume and 2023 Supplement)
49- Ch. 587 2024 LAWS OF MARYLAND
28+FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3
29+State or a certain representative organization to submit a plan for the establishment 4
30+of a Paint Stewardship Program to the Department of the Environment for approval 5
31+on or before a certain date and in accordance with certain requirements; requiring a 6
32+certain plan to establish a certain assessment on architectural paint sold in the State 7
33+that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8
34+transporting, and processing postconsumer paint statewide; requiring the Office of 9
35+Recycling within the Department to review and approve certain plans, including a 10
36+certain assessment, submitted in accordance with the Paint Stewardship Program; 11
37+requiring certain producers and retailers or distributors to add a certain assessment 12
38+to the cost of all architectural paint sold in the State beginning on a certain date; 13
39+requiring a certain producer or representative organization to implement a certain 14
40+program within a certain amount of time after the Department approves a certain 15
41+plan; prohibiting a producer or retailer from selling or offering for sale certain 16
42+architectural paint under certain circumstances beginning on a certain date or after 17
43+a certain amount of time after the Department approves a certain plan, whichever 18
44+is later; requiring the Department to complete a certain review and submit a certain 19
45+report on or before a certain date; and generally relating to the Paint Stewardship 20
46+Program. 21
5047
51-– 2 –
52- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
53-That the Laws of Maryland read as follows:
48+BY repealing and reenacting, without amendments, 22 2 HOUSE BILL 1
5449
55-Article – Environment
5650
57-9–1701.
51+ Article – Environment 1
52+Section 9–1701(a), (i), and (m) and 9–1705 2
53+ Annotated Code of Maryland 3
54+ (2014 Replacement Volume and 2023 Supplement) 4
5855
59- (a) In this subtitle the following words have the meanings indicated.
56+BY adding to 5
57+ Article – Environment 6
58+Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 7
59+and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 8
60+ Annotated Code of Maryland 9
61+ (2014 Replacement Volume and 2023 Supplement) 10
6062
61- (B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR
62-ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS .
63+BY repealing and reenacting, with amendments, 11
64+ Article – Environment 12
65+Section 9–1701(i–1), 9–1702, and 9–1707(f) 13
66+ Annotated Code of Maryland 14
67+ (2014 Replacement Volume and 2023 Supplement) 15
6368
64- (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL
65-COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S.
69+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
70+That the Laws of Maryland read as follows: 17
6671
67- (i) “Director” means the Director of the Office of Recycling.
72+Article – Environment 18
6873
69- (I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL
70-RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL
71-ARCHITECTURAL PAINT TO RETAILERS IN THE STATE.
74+9–1701. 19
7275
73- [(i–1)] (I–2) “Food residuals” means material derived from the processing or
74-discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy
75-products, and meats.
76+ (a) In this subtitle the following words have the meanings indicated. 20
7677
77- (m) “Office” means the Office of Recycling within the Department.
78+ (B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 21
79+ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 22
7880
79- (O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADDED TO
80-THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS
81-NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF
82-COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT
83-STATEWIDE.
81+ (2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 23
82+COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 24
8483
85- (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITE CTURAL PAINT NOT USE D
86-AND NO LONGER WANTED BY A PURCHASER .
84+ (i) “Director” means the Director of the Office of Recycling. 25
8785
88- (O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT
89-THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER
90-THE PRODUCER ’S OWN NAME OR BRAND .
86+ (I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 26
87+RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 27
88+ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 28
9189
92- (R–2) “REPRESENTATIVE ORG ANIZATION” MEANS A NONPROFIT
93-ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP
94-PROGRAM.
95- WES MOORE, Governor Ch. 587
90+ [(i–1)] (I–2) “Food residuals” means material derived from the processing or 29
91+discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 30
92+products, and meats. 31
9693
97-– 3 –
98- (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT
99-FOR SALE AT RETAIL I N THE STATE.
94+ (m) “Office” means the Office of Recycling within the Department. 32
95+ HOUSE BILL 1 3
10096
101- (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR
102-CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES
103-OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC
104-MEANS.
10597
106-9–1702.
98+ (O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 1
99+THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 2
100+NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 3
101+COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 4
102+STATEWIDE. 5
107103
108- (a) There is an Office of Recycling created within the Department.
104+ (O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 6
105+AND NO LONGER WANTED BY A PURCHASER . 7
109106
110- (b) The Secretary shall appoint a Director and sufficient staff to perform the
111-functions of the Office. After July 1, 1989, the number of staff shall be as provided in the
112-budget.
107+ (O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTUR AL PAINT 8
108+THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 9
109+THE PRODUCER ’S OWN NAME OR BRAND . 10
113110
114- (c) The Secretary may adopt regulations to carry out the provisions of this
115-subtitle.
111+ (R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 11
112+ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 12
113+PROGRAM. 13
116114
117- (d) The Office shall:
115+ (R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 14
116+FOR SALE AT RETAIL I N THE STATE. 15
118117
119- (1) Assist the counties in developing an acceptable recycling plan required
120-under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to
121-the local governments;
118+ (R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 16
119+CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 17
120+OUTLETS, CATALOGUES , THE INTERNET, OR ANY OT HER SIMILAR ELECTRON IC 18
121+MEANS. 19
122122
123- (2) Coordinate the efforts of the State to facilitate the implementation of
124-the recycling goals at the county level;
123+9–1702. 20
125124
126- (3) Review all recycling plans submitted as part of a county plan as
127-required under § 9–505 of this title and advise the Secretary on the adequacy of the
128-recycling plan;
125+ (a) There is an Office of Recycling created within the Department. 21
129126
130- (4) Administer the Statewide Electronics Recycling Program under Part IV
131-of this subtitle; [and]
127+ (b) The Secretary shall appoint a Director and sufficient staff to perform the 22
128+functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 23
129+budget. 24
132130
133- (5) Promote the development of markets for recycled materials and
134-recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND
131+ (c) The Secretary may adopt regulations to carry out the provisions of this 25
132+subtitle. 26
135133
136- (6) REVIEW AND APPROVE PLANS AND ANNUAL REP ORTS, INCLUDING
137-THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT
138-STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE .
134+ (d) The Office shall: 27
139135
140- (e) On or before December 31, 2024, and every 2 years thereafter, the Office shall,
141-in coordination with the Maryland Environmental Service, study and report to the
142-Governor and, subject to § 2–1257 of the State Government Article, the General Assembly
143-on: Ch. 587 2024 LAWS OF MARYLAND
136+ (1) Assist the counties in developing an acceptable recycling plan required 28
137+under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 29
138+the local governments; 30
144139
145-– 4 –
140+ (2) Coordinate the efforts of the State to facilitate the implementation of 31
141+the recycling goals at the county level; 32
142+ 4 HOUSE BILL 1
146143
147- (1) The identification and location of recycling centers, including an
148-analysis of existing recycling centers and the need to expand these facilities or construct
149-new recycling centers;
150144
151- (2) Programs necessary to educate the public on the need to participate in
152-recycling efforts;
145+ (3) Review all recycling plans submitted as part of a county plan as 1
146+required under § 9–505 of this title and advise the Secretary on the adequacy of the 2
147+recycling plan; 3
153148
154- (3) The economics and financing of existing and proposed systems of waste
155-disposal and recycling;
149+ (4) Administer the Statewide Electronics Recycling Program under Part IV 4
150+of this subtitle; [and] 5
156151
157- (4) State procurement policies for the purchase of recycled materials;
152+ (5) Promote the development of markets for recycled materials and 6
153+recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 7
158154
159- (5) Programs necessary to reduce the amount of solid waste generated for
160-disposal by a State agency or unit;
155+ (6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 8
156+THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 9
157+STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE . 10
161158
162- (6) The liaison role with local governments, the federal government, and
163-the private sector;
159+ (e) On or before December 31, 2024, and every 2 years thereafter, the Office shall, 11
160+in coordination with the Maryland Environmental Service, study and report to the 12
161+Governor and, subject to § 2–1257 of the State Government Article, the General Assembly 13
162+on: 14
164163
165- (7) The percentage reduction in the amount of solid waste that has been
166-achieved by each county; and
164+ (1) The identification and location of recycling centers, including an 15
165+analysis of existing recycling centers and the need to expand these facilities or construct 16
166+new recycling centers; 17
167167
168- (8) Economically feasible methods for the recycling of scrap automobile
169-tires, batteries, and white goods.
168+ (2) Programs necessary to educate the public on the need to participate in 18
169+recycling efforts; 19
170170
171- (f) (1) By December 1, 1988, the Office shall, in coordination with the
172-Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make
173-recommendations to the General Assembly for the financing of a comprehensive system of
174-recycling at the State and local level, including funding for recycling centers, recycling
175-equipment, recycling education, and marketing strategies.
171+ (3) The economics and financing of existing and proposed systems of waste 20
172+disposal and recycling; 21
176173
177- (2) After the financing recommendations are made under paragraph (1) of
178-this subsection, each county may submit to the Office and the Governor a detailed request
179-for funds necessary to assist in the development and implementation of a recycling plan
180-under guidelines developed by the Office.
174+ (4) State procurement policies for the purchase of recycled materials; 22
181175
182- (g) In studying feasible methods for the management and recycling of used tires
183-under subsection [(e)(9)] (E)(8) of this section, the Office of Recycling shall consult with
184-the appropriate industry, including representatives of:
176+ (5) Programs necessary to reduce the amount of solid waste generated for 23
177+disposal by a State agency or unit; 24
185178
186- (1) Tire manufacturers;
179+ (6) The liaison role with local governments, the federal government, and 25
180+the private sector; 26
187181
188- (2) Tire dealers; and
182+ (7) The percentage reduction in the amount of solid waste that has been 27
183+achieved by each county; and 28
189184
190- (3) Tire recyclers.
191- WES MOORE, Governor Ch. 587
185+ (8) Economically feasible methods for the recycling of scrap automobile 29
186+tires, batteries, and white goods. 30
192187
193-– 5 –
194-9–1705.
188+ (f) (1) By December 1, 1988, the Office shall, in coordination with the 31
189+Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 32
190+recommendations to the General Assembly for the financing of a comprehensive system of 33 HOUSE BILL 1 5
195191
196- (a) Beginning on July 1, 1990, and biannually thereafter, each county which has
197-not achieved the percentage of reduction in its solid waste stream required by this article
198-shall, as a part of its solid waste plan update, provide a report to the Department which
199-shall include:
200192
201- (1) The total amount, by weight, of solid waste collected;
193+recycling at the State and local level, including funding for recycling centers, recycling 1
194+equipment, recycling education, and marketing strategies. 2
202195
203- (2) The total amount, by weight, of solid waste disposed of at solid waste
204-acceptance facilities;
196+ (2) After the financing recommendations are made under paragraph (1) of 3
197+this subsection, each county may submit to the Office and the Governor a detailed request 4
198+for funds necessary to assist in the development and implementation of a recycling plan 5
199+under guidelines developed by the Office. 6
205200
206- (3) The amount and types of materials recycled;
201+ (g) In studying feasible methods for the management and recycling of used tires 7
202+under subsection [(e)(9)] (E)(8) of this section, the Office of Recycling shall consult with 8
203+the appropriate industry, including representatives of: 9
207204
208- (4) The methods of disposal of solid waste used, other than recycling; and
205+ (1) Tire manufacturers; 10
209206
210- (5) The percentage reduction in the solid waste stream that has been
211-achieved.
207+ (2) Tire dealers; and 11
212208
213- (b) A county that has achieved the percentage of solid waste stream reduction
214-required by this article shall provide the report described in subsection (a) of this section to
215-the Department annually, on a calendar year basis.
209+ (3) Tire recyclers. 12
216210
217- (c) All reports shall be provided within 90 days after the close of the annual or
218-biannual reporting period.
211+9–1705. 13
219212
220-9–1707.
213+ (a) Beginning on July 1, 1990, and biannually thereafter, each county which has 14
214+not achieved the percentage of reduction in its solid waste stream required by this article 15
215+shall, as a part of its solid waste plan update, provide a report to the Department which 16
216+shall include: 17
221217
222- (f) (1) There is a State Recycling Trust Fund.
218+ (1) The total amount, by weight, of solid waste collected; 18
223219
224- (2) The Fund shall consist of:
220+ (2) The total amount, by weight, of solid waste disposed of at solid waste 19
221+acceptance facilities; 20
225222
226- (i) The newsprint recycling incentive fee;
223+ (3) The amount and types of materials recycled; 21
227224
228- (ii) The telephone directory recycling incentive fee collected under §
229-9–1709 of this subtitle;
225+ (4) The methods of disposal of solid waste used, other than recycling; and 22
230226
231- (iii) The covered electronic device manufacturer registration fee
232-collected under § 9–1728 of this subtitle;
227+ (5) The percentage reduction in the solid waste stream that has been 23
228+achieved. 24
233229
234- (IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL
235-REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE;
230+ (b) A county that has achieved the percentage of solid waste stream reduction 25
231+required by this article shall provide the report described in subsection (a) of this section to 26
232+the Department annually, on a calendar year basis. 27
236233
237- [(iv)] (V) All fines and penalties collected under this subtitle;
234+ (c) All reports shall be provided within 90 days after the close of the annual or 28
235+biannual reporting period. 29
238236
239- [(v)] (VI) Money appropriated in the State budget to the Fund; and Ch. 587 2024 LAWS OF MARYLAND
237+9–1707. 30
240238
241-– 6 –
239+ (f) (1) There is a State Recycling Trust Fund. 31 6 HOUSE BILL 1
242240
243- [(vi)] (VII) Any other money from any other source accepted for the
244-benefit of the Fund.
245241
246- (3) The Secretary shall administer the Fund.
247242
248- (4) The Treasurer shall hold the Fund separately and the Comptroller shall
249-account for the Fund.
243+ (2) The Fund shall consist of: 1
250244
251- (5) At the end of each fiscal year, any unspent or unencumbered balance in
252-the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in
253-accordance with § 7–302 of the State Finance and Procurement Article.
245+ (i) The newsprint recycling incentive fee; 2
254246
255- (6) In accordance with the State budget, the Fund shall be used only:
247+ (ii) The telephone directory recycling incentive fee collected under § 3
248+9–1709 of this subtitle; 4
256249
257- (i) To provide grants to the counties to be used by the counties to
258-develop and implement local recycling plans;
250+ (iii) The covered electronic device manufacturer registration fee 5
251+collected under § 9–1728 of this subtitle; 6
259252
260- (ii) To provide grants to counties that have addressed methods for
261-the separate collection and recycling of covered electronic devices in accordance with §
262-9–1703(c)(1) of this subtitle;
253+ (IV) THE PAINT STEWARDSH IP PROGRAM PLAN AND ANNU AL 7
254+REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 8
263255
264- (iii) To provide grants to municipalities to be used by the
265-municipalities to implement local covered electronic device recycling programs; [and]
256+ [(iv)] (V) All fines and penalties collected under this subtitle; 9
266257
267- (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP
268-PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL
269-REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS
270-FOR PROGRAM COMPLIANCE OV ERSIGHT; AND
258+ [(v)] (VI) Money appropriated in the State budget to the Fund; and 10
271259
272- [(iv)] (V) To carry out the purposes of the land management
273-administration.
260+ [(vi)] (VII) Any other money from any other source accepted for the 11
261+benefit of the Fund. 12
274262
275- (7) (i) The Treasurer shall invest the money in the Fund in the same
276-manner as other State money may be invested.
263+ (3) The Secretary shall administer the Fund. 13
277264
278- (ii) Any investment earnings of the Fund shall be credited to the
279-General Fund of the State.
265+ (4) The Treasurer shall hold the Fund separately and the Comptroller shall 14
266+account for the Fund. 15
280267
281-9–1731. RESERVED.
268+ (5) At the end of each fiscal year, any unspent or unencumbered balance in 16
269+the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 17
270+accordance with § 7–302 of the State Finance and Procurement Article. 18
282271
283-9–1732. RESERVED.
272+ (6) In accordance with the State budget, the Fund shall be used only: 19
284273
285-PART V. PAINT STEWARDSHIP PROGRAM.
286- WES MOORE, Governor Ch. 587
274+ (i) To provide grants to the counties to be used by the counties to 20
275+develop and implement local recycling plans; 21
287276
288-– 7 –
289-9–1733.
277+ (ii) To provide grants to counties that have addressed methods for 22
278+the separate collection and recycling of covered electronic devices in accordance with § 23
279+9–1703(c)(1) of this subtitle; 24
290280
291- (A) (1) ON OR BEFORE JULY 1, 2025, PRODUCERS OF ARCHITE CTURAL
292-PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION
293-ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE
294-ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR
295-APPROVAL.
281+ (iii) To provide grants to municipalities to be used by the 25
282+municipalities to implement local covered electronic device recycling programs; [and] 26
296283
297- (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN ,
298-AND FINANCIAL RESP ONSIBILITY FOR , THE MANAGEMENT OF PO STCONSUMER
299-PAINT BY:
284+ (IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 27
285+PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 28
286+REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 29
287+FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 30 HOUSE BILL 1 7
300288
301- (I) REDUCING ITS GENERATI ON;
302289
303- (II) PROMOTING ITS REUSE A ND RECYCLING ; AND
304290
305- (III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT,
306-TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE
307-OF POSTCONSUMER PAIN T.
291+ [(iv)] (V) To carry out the purposes of the land management 1
292+administration. 2
308293
309- (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE
310-STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT:
294+ (7) (i) The Treasurer shall invest the money in the Fund in the same 3
295+manner as other State money may be invested. 4
311296
312- (I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE
313-EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE TO
314-CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM;
297+ (ii) Any investment earnings of the Fund shall be credited to the 5
298+General Fund of the State. 6
315299
316- (II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE
317-PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD
318-IN THE STATE THAT ARE COVERE D BY THE PROGRAM;
300+9–1731. RESERVED. 7
319301
320- (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY
321-BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS
322-WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY
323-AGREEABLE; AND
302+9–1732. RESERVED. 8
324303
325- (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE
326-NUMBER AND DISTRIBUT ION OF SITES FOR COLLECTION OF PO STCONSUMER PAINT
327-BASED ON THE FOLLOWI NG CRITERIA:
304+PART V. PAINT STEWARDSHIP PROGRAM. 9
328305
329- 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE
330-SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND
331- Ch. 587 2024 LAWS OF MARYLAND
306+9–1733. 10
332307
333-– 8 –
334- 2. UNLESS OTHERWISE APPR OVED BY THE
335-DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTA BLISHED FOR
336-EVERY 50,000 RESIDENTS.
308+ (A) (1) ON OR BEFORE JULY 1, 2025, PRODUCERS OF ARCHITE CTURAL 11
309+PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 12
310+ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE 13
311+ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 14
312+APPROVAL. 15
337313
338- (4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT
339-COLLECTION SITE IF :
314+ (2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 16
315+AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 17
316+PAINT BY: 18
340317
341- (I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER
342-PAINT COLLECTION SIT E;
318+ (I) REDUCING ITS GENERATI ON; 19
343319
344- (II) THE RETAILER IS IN CO MPLIANCE WITH ALL APPLICAB LE
345-LAWS AND REGULATIONS ; AND
320+ (II) PROMOTING ITS REUSE A ND RECYCLING ; AND 20
346321
347- (III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH
348-MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT
349-COLLECTION LOCATIONS .
322+ (III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 21
323+TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 22
324+OF POSTCONSUMER PAIN T. 23
350325
351- (5) THE PLAN SHALL ESTABL ISH:
326+ (3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE 24
327+STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 25
352328
353- (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL
354-ARCHITECTURAL PAINT SOLD IN THE STATE; AND
329+ (I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 26
330+EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 27
331+CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 28
332+ 8 HOUSE BILL 1
355333
356- (II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A
357-PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE
358-ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH
359-CONTAINER OF ARCHITECTURA L PAINT SOLD IN THE STATE.
360334
361- (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT
362-MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT
363-STEWARDSHIP PROGRAM.
335+ (II) IDENTIFIES EACH PRODU CER PARTICIP ATING IN THE 1
336+PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 2
337+IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 3
364338
365- (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE
366-EVALUATED BY AN INDEPENDENT FI NANCIAL AUDITOR , AS DESIGNATED BY THE
367-DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE
368-PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED .
339+ (III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 4
340+BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS 5
341+WASTE COLLECTION INFRASTRU CTURE IN A MANNER TH AT IS MUTUALLY 6
342+AGREEABLE; AND 7
369343
370- (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT
371-FINANCIAL AUDITOR SHALL BE FUN DED BY THE PROGRAM.
344+ (IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 8
345+NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 9
346+BASED ON THE FOLLOWI NG CRITERIA: 10
372347
373- (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO
374-IMPLEMENT AND SUSTAI N THE PAINT STEWARDSHIP PROGRAM.
375- WES MOORE, Governor Ch. 587
348+ 1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 11
349+SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 12
376350
377-– 9 –
378- (9) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL
379-SUBMIT A REVISED PLA N OR AMENDMENT TO TH E PLAN TO THE DEPARTMENT FOR
380-APPROVAL:
351+ 2. UNLESS OTHERWISE APPR OVED BY THE 13
352+DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 14
353+EVERY 50,000 RESIDENTS. 15
381354
382- (I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR
355+ (4) THE PLAN MAY IDENTIFY A RETAILER AS A POSTCONSUMER PAI NT 16
356+COLLECTION SITE IF : 17
383357
384- (II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE
385-AMOUNT OF THE PAINT STEWARDSHIP ASSESSME NT.
358+ (I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 18
359+PAINT COLLECTION SIT E; 19
386360
387- (B) (1) THE DEPARTMENT SHALL REVI EW:
361+ (II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 20
362+LAWS AND REGULATIONS ; AND 21
388363
389- (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED
390-UNDER SUBSECTION (A) OF THIS SECTION; AND
364+ (III) THE SITE LOCATION OF THE RETAILER IS CONSISTENT WITH 22
365+MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 23
366+COLLECTION LOCATIONS . 24
391367
392- (II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL
393-AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP
394-ASSESSMENTS .
368+ (5) THE PLAN SHALL ESTABL ISH: 25
395369
396- (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT
397-SUBMITS A PLAN FOR APPROV AL SHALL PAY A PLAN REVIEW FEE TO THE
398-DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER §
399-9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN
400-REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT,
401-AS DETERMINED BY THE DEPARTMENT .
370+ (I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 26
371+ARCHITECTURAL PAINT SOLD IN THE STATE; AND 27
402372
403- (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT
404-STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP
405-ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS
406-SECTION AND THAT IT DEMONSTR ATES A NET BENEFIT COMPARED TO THE
407-COLLECTION PROGRAMS AVAILABLE TO CONSUME RS IN 2023, THE DEPARTMENT
408-SHALL APPROVE THE PROGRAM.
373+ (II) A MECHANISM FOR PAI NT PRODUCERS PARTICI PATING IN A 28
374+PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 29
375+ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 30
376+CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 31
377+ HOUSE BILL 1 9
409378
410- (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS
411-AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT
412-STEWARDSHIP PROGRAM.
413379
414- (C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL
415-IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER
416-THE PLAN’S APPROVAL BY THE DEPARTMENT .
380+ (6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 1
381+MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 2
382+STEWARDSHIP PROGRAM. 3
417383
418- (2) BEGINNING JANUARY 1, 2026, OR 6 MONTHS AFTER PLAN
419-APPROVAL, WHICHEVER IS LATER:
420- Ch. 587 2024 LAWS OF MARYLAND
384+ (7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 4
385+EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE 5
386+DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTA INING THE 6
387+PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 7
421388
422-– 10 –
423- (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR
424-SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS
425-THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH
426-THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT
427-STEWARDSHIP PROGRAM;
389+ (II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 8
390+FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 9
428391
429- (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP
430-ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM
431-TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND
432-DISTRIBUTED IN THE STATE; AND
392+ (8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO 10
393+IMPLEMENT AND SUSTAI N THE PAINT STEWARDSHIP PROGRAM. 11
433394
434- (III) EACH RETAILER OR DISTRIBU TOR SHALL ADD A PAIN T
435-STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL
436-PAINT SOLD IN THE STATE.
395+ (9) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 12
396+SUBMIT A REVISED PLA N OR AMENDMENT TO TH E PLAN TO THE DEPARTMENT FOR 13
397+APPROVAL: 14
437398
438- (D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN
439-AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH
440-EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE :
399+ (I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 15
441400
442- (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE
443-MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE
444-PROGRAM; AND
401+ (II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 16
402+AMOUNT OF THE PAINT STEWARDSHIP ASSESSME NT. 17
445403
446- (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN
447-ASSESSMENT TO COVER THE COSTS O F IMPLEMENTING AND S USTAINING THE
448-PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT
449-SOLD IN THE STATE.
404+ (B) (1) THE DEPARTMENT SHALL REVI EW: 18
450405
451- (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP
452-PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF,
453-ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR
454-ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S
455-WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT
456-STEWARDSHIP PROGRAM.
406+ (I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 19
407+UNDER SUBSECTION (A) OF THIS SECTION; AND 20
457408
458- (F) A POSTCONSUMER PAINT COLLECT ION SITE THAT IS IDENTIFIED IN THE
459-PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT
460-IS OFFERED FOR DISPO SAL.
409+ (II) THE WORK PRODUCT OF T HE INDEPENDENT FINANCIA L 21
410+AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 22
411+ASSESSMENTS . 23
461412
462- (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES
463-THE COLLECTION , TRANSPORT, AND PROCESSING OF POSTCONSUMER PAIN T IN
464-ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE
465-IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, WES MOORE, Governor Ch. 587
413+ (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 24
414+SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 25
415+DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 26
416+9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 27
417+REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 28
418+AS DETERMINED BY THE DEPARTMENT . 29
466419
467-– 11 –
468-RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT
469-UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM.
420+ (3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 30
421+STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 31
422+ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 32
423+SECTION AND THAT IT DEMONSTR ATES A NET BENEFIT C OMPARED TO THE 33 10 HOUSE BILL 1
470424
471- (H) (1) BEGINNING APRIL 1, 2026, AND ANNUALLY THEREAF TER, THE
472-PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE
473-DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING:
474425
475- (I) A DESCRIPTION OF THE M ETHODS USED TO COLLECT,
476-TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE;
426+COLLECTION PROGRAMS AVAILABLE TO CONSUME RS IN 2023, THE DEPARTMENT 1
427+SHALL APPROVE THE PROGRAM. 2
477428
478- (II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN
479-EACH COUNTY IN THE STATE;
429+ (4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 3
430+AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 4
431+STEWARDSHIP PROGRAM. 5
480432
481- (III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT
482-COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE,
483-RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES
484-AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE
485-STATE FOR EACH COUNTY IN THE STATE;
433+ (C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 6
434+IMPLEMENT ITS PAINT STEWARDS HIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 7
435+THE PLAN’S APPROVAL BY THE DEPARTMENT . 8
486436
487- (IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAI NING THE
488-PROGRAM, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY
489-THE PAINT STEWARDSHI P ASSESSMENT ;
437+ (2) BEGINNING JANUARY 1, 2026, OR 6 MONTHS AFTER PLAN 9
438+APPROVAL, WHICHEVER IS LATER : 10
490439
491- (V) THE TOTAL FEES COLLEC TED IN EACH COUNTY I N THE
492-STATE, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E
493-PAINT STEWARDSHIP AS SESSMENT; AND
440+ (I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 11
441+SALE A BRAND OF ARCH ITECTURAL PAINT TO ANY PERSON IN THE STATE, UNLESS 12
442+THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 13
443+THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 14
444+STEWARDSHIP PROGRAM; 15
494445
495- (VI) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM
496-CONSUMERS OF ARCHITE CTURAL PAINT.
446+ (II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 16
447+ASSESSMENT ESTA BLISHED UNDER AN APP ROVED PAINT STEWARDSHIP PROGRAM 17
448+TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 18
449+DISTRIBUTED IN THE STATE; AND 19
497450
498- (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT
499-SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW
500-FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST
501-FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST
502-OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE
503-OVERSIGHT, AS DETERMINED BY THE DEPARTMENT .
451+ (III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 20
452+STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCH ITECTURAL 21
453+PAINT SOLD IN THE STATE. 22
504454
505- (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL
506-MAKE AVAILABLE TO EA CH COUNTY THE INFORM ATION REQUIRED UNDER
507-PARAGRAPH (1)(III) OF THIS SUBSECTION I N A MANNER THAT PROV IDES A COUNTY
508-WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE
509-DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE.
510- Ch. 587 2024 LAWS OF MARYLAND
455+ (D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 23
456+AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 24
457+EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE : 25
511458
512-– 12 –
513- (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT
514-REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND :
459+ (1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 26
460+MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 27
461+PROGRAM; AND 28
515462
516- (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP
517-PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER
518-THE PAINT STEWARDSHI P ASSESSMENT MEETS OR EXCEE DS THE COSTS OF THE
519-PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(6) OF THIS SECTION; AND
463+ (2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 29
464+ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 30
465+PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PA INT 31
466+SOLD IN THE STATE. 32
520467
521- (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED
522-IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION.
468+ (E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 33
469+PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 34 HOUSE BILL 1 11
523470
524- (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT
525-STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP
526-ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS
527-SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T.
528471
529- (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL
530-MAKE THE APPROVED ANNUAL REPORT AVAILABLE TO THE PUBLIC.
472+ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR 1
473+ITS AGENT, THE PRODUCER OF THE P AINT BRAND IS LISTED ON THE DEPARTMENT ’S 2
474+WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 3
475+STEWARDSHIP PROGRAM. 4
531476
532- (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE
533-DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE
534-KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC
535-INSPECTION.
477+ (F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 5
478+PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PAINT WHEN IT 6
479+IS OFFERED FOR DISPO SAL. 7
536480
537- (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES
538-NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER,
539-RETAILER, OR REPRESENTATIVE OR GANIZATION.
481+ (G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 8
482+THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 9
483+ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 10
484+IMMUNE FROM LIABILITY FOR A NY CLAIM OF A VIOLAT ION OF ANTITRUST , 11
485+RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 12
486+UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 13
540487
541-9–1734.
488+ (H) (1) BEGINNING APRIL 1, 2026, AND ANNUALLY THEREAF TER, THE 14
489+PRODUCER OR REPRESENTATIVE ORGAN IZATION SHALL SUBMIT A REPORT TO THE 15
490+DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 16
542491
543- (A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE
544-VIOLATIONS OF THIS PART.
492+ (I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 17
493+TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 18
545494
546- (B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLL ECTED UNDER
547-THIS SECTION INTO TH E STATE RECYCLING TRUST FUND ESTABLISHED UNDE R §
548-9–1707 OF THIS SUBTITLE .
495+ (II) THE VOLUME OF POSTCONSUMER PAINT C OLLECTED IN 19
496+EACH COUNTY IN THE STATE; 20
549497
550- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
551-2028, the Department of the Environment shall:
498+ (III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 21
499+COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 22
500+RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 23
501+AN ACCOUNT ING OF THE VOLUME OF POSTCONSUMER PAINT C OLLECTED IN THE 24
502+STATE FOR EACH COUNTY IN THE STATE; 25
552503
553- (1) review the costs and benefits of the Maryland Paint Stewardship
554-Program, comparing the Program to paint stewardship programs and extended producer
555-responsibility programs in other states and making recommendations if necessary for
556-improvements to the Program; and WES MOORE, Governor Ch. 587
504+ (IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAI NING THE 26
505+PROGRAM, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY 27
506+THE PAINT STEWARDSHI P ASSESSMENT ; 28
557507
558-– 13 –
508+ (V) THE TOTAL FEES COLLEC TED IN EACH COUNTY I N THE 29
509+STATE, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 30
510+PAINT STEWARDSHIP AS SESSMENT; AND 31
559511
560- (2) submit a report on the findings of the review required under item (1) of
561-this section to the Governor and, in accordance with § 2–1257 of the State Government
562-Article, the Senate Committee on Education, Energy, and the Environment and the House
563-Environment and Transportation Committee.
512+ (VI) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 32
513+CONSUMERS OF ARCHITE CTURAL PAINT. 33
514+ 12 HOUSE BILL 1
564515
565- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
566-1, 2024.
567516
568-Approved by the Governor, May 9, 2024.
517+ (2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 1
518+SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 2
519+FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 3
520+FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 4
521+OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 5
522+OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 6
523+
524+ (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 7
525+MAKE AVAILABLE TO EA CH COUNTY THE INFORM ATION REQUIRED UNDER 8
526+PARAGRAPH (1)(III) OF THIS SUBSECTION IN A M ANNER THAT PROVIDES A COUNTY 9
527+WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 10
528+DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 11
529+
530+ (I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 12
531+REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND: 13
532+
533+ (I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 14
534+PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 15
535+THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 16
536+PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(6) OF THIS SECTION; AND 17
537+
538+ (II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 18
539+IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 19
540+
541+ (2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 20
542+STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 21
543+ASSESSMENT , COMPLIES WITH THE REQUIREMENT S OF SUBSECTION (A) OF THIS 22
544+SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 23
545+
546+ (3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 24
547+MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 25
548+
549+ (J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORTED TO THE 26
550+DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 27
551+KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 28
552+INSPECTION. 29
553+
554+ (2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES 30
555+NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 31
556+RETAILER, OR REPRESENTATIVE OR GANIZATION. 32
557+
558+9–1734. 33
559+ HOUSE BILL 1 13
560+
561+
562+ (A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 1
563+VIOLATIONS OF THIS P ART. 2
564+
565+ (B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLL ECTED UNDER 3
566+THIS SECTION INTO THE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 4
567+9–1707 OF THIS SUBTITLE . 5
568+
569+ SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 6
570+2028, the Department of the Environment shall: 7
571+
572+ (1) review the costs and benefits of the Maryland Paint Stewardship 8
573+Program, comparing the Program to paint stewardship programs and extended producer 9
574+responsibility programs in other states and making recommendations if necessary for 10
575+improvements to the Program; and 11
576+
577+ (2) submit a report on the findings of the review required under item (1) of 12
578+this section to the Governor and, in accordance with § 2–1257 of the State Government 13
579+Article, the Senate Committee on Education, Energy, and the Environment and the House 14
580+Environment and Transportation Committee. 15
581+
582+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
583+1, 2024. 17
584+
585+
586+
587+
588+Approved:
589+________________________________________________________________________________
590+ Governor.
591+________________________________________________________________________________
592+ Speaker of the House of Delegates.
593+________________________________________________________________________________
594+ President of the Senate.