WES MOORE, Governor Ch. 588
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Chapter 588
(Senate Bill 325)
AN ACT concerning
Maryland Paint Stewardship
FOR the purpose of requiring certain producers of architectural paint sold at retail in the
State or a certain representative organization to submit a plan for the establishment
of a Paint Stewardship Program to the Department of the Environment for approval
on or before a certain date and in accordance with certain requirements; requiring a
certain plan to establish a certain assessment on architectural paint sold in the State
that is necessary to cover the Paint Stewardship Program’s cost of collecting,
transporting, and processing postconsumer paint statewide; requiring the Office of
Recycling within the Department to review and approve certain plans, including a
certain assessment, submitted in accordance with the Paint Stewardship Program;
requiring certain producers and retailers or distributors to add a certain assessment
to the cost of all architectural paint sold in the State beginning on a certain date;
requiring a certain producer or representative organization to implement a certain
program within a certain amount of time after the Department approves a certain
plan; prohibiting a producer or retailer from selling or offering for sale certain
architectural paint under certain circumstances beginning on a certain date or after
a certain amount of time after the Department approves a certain plan, whichever
is later; requiring the Department to complete a certain review and submit a certain
report on or before a certain date; and generally relating to the Paint Stewardship
Program.
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–1701(a), (i), and (m) and 9–1705
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY adding to
Article – Environment
Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733
and 9–1734 to be under the new part “Part V. Paint Stewardship Program”
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–1701(i–1), 9–1702, and 9–1707(f)
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
Ch. 588 2024 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
9–1701.
(a) In this subtitle the following words have the meanings indicated.
(B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR
ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS .
(2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE INDUSTRIAL
COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S.
(i) “Director” means the Director of the Office of Recycling.
(I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL
RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SEL L
ARCHITECTURAL PAINT TO RETAILERS IN THE STATE.
[(i–1)] (I–2) “Food residuals” means material derived from the processing or
discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy
products, and meats.
(m) “Office” means the Office of Recycling within the Department.
(O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO
THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS
NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF
COLLECTING, TRANSPORTING, AND PROCESSING POSTC ONSUMER PAINT
STATEWIDE.
(O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED
AND NO LONGER WANTED BY A PURCHASER .
(O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT
THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE PAIN T IN THE STATE UNDER
THE PRODUCER ’S OWN NAME OR BRAND .
(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT
ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP
PROGRAM.
WES MOORE, Governor Ch. 588
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(R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTURAL PAINT
FOR SALE AT RETAIL I N THE STATE.
(R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR
CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES
OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC
MEANS.
9–1702.
(a) There is an Office of Recycling created within the Department.
(b) The Secretary shall appoint a Director and sufficient staff to perform the
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the
budget.
(c) The Secretary may adopt regulations to carry out the provisions of this
subtitle.
(d) The Office shall:
(1) Assist the counties in developing an acceptable recycling plan required
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to
the local governments;
(2) Coordinate the efforts of the State to facilitate the implementation of
the recycling goals at the county level;
(3) Review all recycling plans submitted as part of a county plan as
required under § 9–505 of this title and advise the Secretary on the adequacy of the
recycling plan;
(4) Administer the Statewide Electronics Recycling Program under Part IV
of this subtitle; [and]
(5) Promote the development of markets for recycled materials and
recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND
(6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING
THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT
STEWARDSHIP PROGRAM ESTABLISHED U NDER PART V OF THIS SUBTITLE .
(e) On or before December 31, 2024, and every 2 years thereafter, the Office shall,
in coordination with the Maryland Environmental Service, study and report to the
Governor and, subject to § 2–1257 of the State Government Article, the General Assembly
on: Ch. 588 2024 LAWS OF MARYLAND
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(1) The identification and location of recycling centers, including an
analysis of existing recycling centers and the need to expand these facilities or construct
new recycling centers;
(2) Programs necessary to educate the public on the need to participate in
recycling efforts;
(3) The economics and financing of existing and proposed systems of waste
disposal and recycling;
(4) State procurement policies for the purchase of recycled materials;
(5) Programs necessary to reduce the amount of solid waste generated for
disposal by a State agency or unit;
(6) The liaison role with local governments, the federal government, and
the private sector;
(7) The percentage reduction in the amount of solid waste that has been
achieved by each county; and
(8) Economically feasible methods for the recycling of scrap automobile
tires, batteries, and white goods.
(f) (1) By December 1, 1988, the Office shall, in coordination with the
Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make
recommendations to the General Assembly for the financing of a comprehensive system of
recycling at the State and local level, including funding for recycling centers, recycling
equipment, recycling education, and marketing strategies.
(2) After the financing recommendations are made under paragraph (1) of
this subsection, each county may submit to the Office and the Governor a detailed request
for funds necessary to assist in the development and implementation of a recycling plan
under guidelines developed by the Office.
(g) In studying feasible methods for the management and recycling of used tires
under subsection [(e)(9)] (E)(8) of this section, the Office of Recycling shall consult with
the appropriate industry, including representatives of:
(1) Tire manufacturers;
(2) Tire dealers; and
(3) Tire recyclers.
WES MOORE, Governor Ch. 588
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9–1705.
(a) Beginning on July 1, 1990, and biannually thereafter, each county which has
not achieved the percentage of reduction in its solid waste stream required by this article
shall, as a part of its solid waste plan update, provide a report to the Department which
shall include:
(1) The total amount, by weight, of solid waste collected;
(2) The total amount, by weight, of solid waste disposed of at solid waste
acceptance facilities;
(3) The amount and types of materials recycled;
(4) The methods of disposal of solid waste used, other than recycling; and
(5) The percentage reduction in the solid waste stream that has been
achieved.
(b) A county that has achieved the percentage of solid waste stream reduction
required by this article shall provide the report described in subsection (a) of this section to
the Department annually, on a calendar year basis.
(c) All reports shall be provided within 90 days after the close of the annual or
biannual reporting period.
9–1707.
(f) (1) There is a State Recycling Trust Fund.
(2) The Fund shall consist of:
(i) The newsprint recycling incentive fee;
(ii) The telephone directory recycling incentive fee collected under §
9–1709 of this subtitle;
(iii) The covered electronic device manufacturer registration fee
collected under § 9–1728 of this subtitle;
(IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL
REPORT REVIEW FEE S COLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE;
[(iv)] (V) All fines and penalties collected under this subtitle;
[(v)] (VI) Money appropriated in the State budget to the Fund; and Ch. 588 2024 LAWS OF MARYLAND
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[(vi)] (VII) Any other money from any other source accepted for the
benefit of the Fund.
(3) The Secretary shall administer the Fund.
(4) The Treasurer shall hold the Fund separately and the Comptroller shall
account for the Fund.
(5) At the end of each fiscal year, any unspent or unencumbered balance in
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in
accordance with § 7–302 of the State Finance and Procurement Article.
(6) In accordance with the State budget, the Fund shall be used only:
(i) To provide grants to the counties to be used by the counties to
develop and implement local recycling plans;
(ii) To provide grants to counties that have addressed methods for
the separate collection and recycling of covered electronic devices in accordance with §
9–1703(c)(1) of this subtitle;
(iii) To provide grants to municipalities to be used by the
municipalities to implement local covered electronic device recycling programs; [and]
(IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP
PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL
REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS
FOR PROGRAM COMPLIANCE OV ERSIGHT; AND
[(iv)] (V) To carry out the purposes of the land management
administration.
(7) (i) The Treasurer shall invest the money in the Fund in the same
manner as other State money may be invested.
(ii) Any investment earnings of the Fund shall be credited to the
General Fund of the State.
9–1731. RESERVED.
9–1732. RESERVED.
PART V. PAINT STEWARDSHIP PROGRAM.
WES MOORE, Governor Ch. 588
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9–1733.
(A) (1) ON OR BEFORE JULY 1, 2025, PRODUCERS OF ARCHITE CTURAL
PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION
ACTING ON A PRODUCER ’S BEHALF, SHALL SUBMIT A PLAN FOR THE
ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR
APPROVAL.
(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN ,
AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER
PAINT BY:
(I) REDUCING ITS GENERATI ON;
(II) PROMOTING ITS REUSE A ND RECYCLING ; AND
(III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT,
TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE
OF POSTCONSUMER PAIN T.
(3) THE PLAN SHALL PROVID E FOR CONVENIENT AND AVAILABLE
STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT:
(I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE
EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O
CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM;
(II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE
PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL PAI NT SOLD
IN THE STATE THAT ARE COVERE D BY THE PROGRAM;
(III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY
BE IMPLEMENTED IN CO ORDINATION WITH EXIS TING HOUSEHOLD HAZAR DOUS
WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUAL LY
AGREEABLE; AND
(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE
NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT
BASED ON THE FOLLOWI NG CRITERIA:
1. AT LEAST 90% OF THE RESIDENTS OF THE STATE
SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND
Ch. 588 2024 LAWS OF MARYLAND
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2. UNLESS OTHERWISE APPR OVED BY THE
DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR
EVERY 50,000 RESIDENTS.
(4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT
COLLECTION SITE IF :
(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER
PAINT COLLECTION SIT E;
(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE
LAWS AND REGULATIONS ; AND
(III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH
MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAIN T
COLLECTION LOCATIONS .
(5) THE PLAN SHALL ESTABL ISH:
(I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL
ARCHITECTURAL PAINT SOLD IN THE STATE; AND
(II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A
PAINT STEWARDSHIP PROGRAM TO REMIT TO TH E REPRESENTATIVE
ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH
CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE.
(6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT
MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT
STEWARDSHIP PROGRAM.
(7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE
EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE
DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE
PAINT STEWARDSHIP PROGRAM ARE COVERED BUT NOT EXCEEDED .
(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT
FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM.
(8) PAINT STEWARDSHIP ASS ESSMENTS MAY BE USED ONLY TO
IMPLEMENT AND SUSTAI N THE PAINT STEWARDSHIP PROGRAM.
WES MOORE, Governor Ch. 588
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(9) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL
SUBMIT A REVISED PLA N OR AMENDMENT TO TH E PLAN TO THE DEPARTMENT FOR
APPROVAL:
(I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR
(II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE
AMOUNT OF THE P AINT STEWARDSHIP ASS ESSMENT.
(B) (1) THE DEPARTMENT SHALL REVI EW:
(I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED
UNDER SUBSECTION (A) OF THIS SECTION; AND
(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL
AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUATE PAINT STEWA RDSHIP
ASSESSMENTS .
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT
SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE
DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER §
9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN
REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT,
AS DETERMINED BY THE DEPARTMENT .
(3) IF THE DEPARTMENT DETERMINES THAT THE PAINT
STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP
ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS
SECTION AND THAT IT DEMONSTRATES A NET B ENEFIT COMPARED TO T HE
COLLECTION PROGRAMS AVAILABLE TO CONSUME RS IN 2023, THE DEPARTMENT
SHALL APPROVE THE PROGRAM.
(4) THE DEPARTMENT SHALL LI ST ON ITS WEBSITE TH E PRODUCERS
AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT
STEWARDSHIP PROGRAM.
(C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL
IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER
THE PLAN’S APPROVAL BY THE DEPARTMENT .
(2) BEGINNING JANUARY 1, 2026, OR 6 MONTHS AFTER PLAN
APPROVAL, WHICHEVER IS LATER :
Ch. 588 2024 LAWS OF MARYLAND
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(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR
SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS
THE PRODUCER OF TH E BRAND OR A REPRESE NTATIVE ORGANIZATION OF WHICH
THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT
STEWARDSHIP PROGRAM;
(II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP
ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM
TO THE COST OF ALL ARCHITEC TURAL PAINT SOLD TO RETAILERS AND
DISTRIBUTED IN THE STATE; AND
(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT
STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL
PAINT SOLD IN THE STATE.
(D) A PRODUCER OR REPRESENTATIVE ORGAN IZATION PARTICIPATIN G IN
AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH
EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE :
(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE
MANAGEMENT OPTIONS F OR ARCHITECTURA L PAINT OFFERED THRO UGH THE
PROGRAM; AND
(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN
ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE
PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT
SOLD IN THE STATE.
(E) FOLLOWING THE IMPLEMENTAT ION OF THE PAINT STEWARDSHIP
PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF,
ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRO DUCER OR
ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT’S
WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT
STEWARDSHIP PROGRAM.
(F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE
PLAN MAY NOT CHARGE AN ADDITIONAL FEE FO R THE DISPOSAL OF PA INT WHEN IT
IS OFFERED FOR DISPO SAL.
(G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES
THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN
ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE
IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, WES MOORE, Governor Ch. 588
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RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT
UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM.
(H) (1) BEGINNING APRIL 1, 2026, AND ANNUALLY THEREAF TER, THE
PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE
DEPARTMENT TH AT DETAILS THE PAINT STEWARDSHIP PROGRAM, INCLUDING:
(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT,
TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE;
(II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN
EACH COUNTY IN THE STATE;
(III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT
COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE ,
RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES
AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE
STATE FOR EACH COUNTY IN THE STATE;
(IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAI NING THE
PROGRAM, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY
THE PAINT STEWARDSHI P ASSESSMENT ;
(V) THE TOTAL FEES COLLEC TED IN EACH COUNTY I N THE
STATE, AS DETERMINED BY THE INDEPE NDENT FINANCIAL AUDI T FUNDED BY THE
PAINT STEWARDSHIP AS SESSMENT; AND
(VI) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM
CONSUMERS OF ARCHITE CTURAL PAINT.
(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT
SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW
FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST
FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST
OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE
OVERSIGHT, AS DETERMINED BY THE DEPARTMENT .
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL
MAKE AVAILABLE TO EA CH COUNTY THE INFORM ATION REQUIRED UNDER
PARAGRAPH (1)(III) OF THIS SUBSECTION IN A M ANNER THAT PROVIDES A COUNTY
WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE
DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE.
Ch. 588 2024 LAWS OF MARYLAND
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(I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT
REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND:
(I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP
PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER
THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE
PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(6) OF THIS SECTION; AND
(II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED
IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION.
(2) IF THE DEPARTMENT DETERMINES THAT THE PAINT
STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP
ASSESSMENT , COMPLIES WITH THE REQUIREMENT S OF SUBSECTION (A) OF THIS
SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T.
(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL
MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC.
(J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORTED TO THE
DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE
KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC
INSPECTION.
(2) THE DEPARTMENT MAY RELEAS E SUMMARY DATA THAT DOES
NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER,
RETAILER, OR REPRESENTATIVE OR GANIZATION.
9–1734.
(A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE
VIOLATIONS OF THIS P ART.
(B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLL ECTED UNDER
THIS SECTION INTO THE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R §
9–1707 OF THIS SUBTITLE .
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
2028, the Department of the Environment shall:
(1) review the costs and benefits of the Maryland Paint Stewardship
Program, comparing the Program to paint stewardship programs and extended producer
responsibility programs in other states and making recommendations if necessary for
improvements to the Program; and WES MOORE, Governor Ch. 588
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(2) submit a report on the findings of the review required under item (1) of
this section to the Governor and, in accordance with § 2–1257 of the State Government
Article, the Senate Committee on Education, Energy, and the Environment and the House
Environment and Transportation Committee.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 9, 2024.