Maryland 2024 Regular Session

Maryland Senate Bill SB325 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 588
2	1
3		-	– 1 –
4		-	Chapter 588
5		-	(Senate Bill 325)
6	2
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	+	sb0325
8	9
9		-	Maryland Paint Stewardship
	10	+	SENATE BILL 325
	11	+	M3 4lr0812
	12	+	SB 260/23 – EEE CF HB 1
	13	+	By: Senators Brooks and West
	14	+	Introduced and read first time: January 12, 2024
	15	+	Assigned to: Education, Energy, and the Environment
	16	+	Committee Report: Favorable
	17	+	Senate action: Adopted
	18	+	Read second time: February 10, 2024
10	19
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.
	20	+	CHAPTER ______
30	21
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)
	22	+	AN ACT concerning 1
36	23
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)
	24	+	Maryland Paint Stewardship 2
43	25
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. 588 2024 LAWS OF MARYLAND
	26	+	FOR the purpose of requiring certain producers of architectural paint sold at retail in the 3
	27	+	State or a certain representative organization to submit a plan for the establishment 4
	28	+	of a Paint Stewardship Program to the Department of the Environment for approval 5
	29	+	on or before a certain date and in accordance with certain requirements; requiring a 6
	30	+	certain plan to establish a certain assessment on architectural paint sold in the State 7
	31	+	that is necessary to cover the Paint Stewardship Program’s cost of collecting, 8
	32	+	transporting, and processing postconsumer paint statewide; requiring the Office of 9
	33	+	Recycling within the Department to review and approve certain plans, including a 10
	34	+	certain assessment, submitted in accordance with the Paint Stewardship Program; 11
	35	+	requiring certain producers and retailers or distributors to add a certain assessment 12
	36	+	to the cost of all architectural paint sold in the State beginning on a certain date; 13
	37	+	requiring a certain producer or representative organization to implement a certain 14
	38	+	program within a certain amount of time after the Department approves a certain 15
	39	+	plan; prohibiting a producer or retailer from selling or offering for sale certain 16
	40	+	architectural paint under certain circumstances beginning on a certain date or after 17
	41	+	a certain amount of time after the Department approves a certain plan, whichever 18
	42	+	is later; requiring the Department to complete a certain review and submit a certain 19
	43	+	report on or before a certain date; and generally relating to the Paint Stewardship 20
	44	+	Program. 21
50	45
51		-	~~– 2 –~~
52		-	~~SECTION 1.~~ ~~BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,~~
53		-	~~That the Laws of Maryland read as follows:~~
	46	+	BY repealing and reenacting, without amendments, 22
	47	+	Article – Environment 23
	48	+	Section 9–1701(a), (i), and (m) and 9–1705 24 2 SENATE BILL 325
54	49
55		-	Article – Environment
56	50
57		-	9–1701.
	51	+	Annotated Code of Maryland 1
	52	+	(2014 Replacement Volume and 2023 Supplement) 2
58	53
59		-	(a) In this subtitle the following words have the meanings indicated.
	54	+	BY adding to 3
	55	+	Article – Environment 4
	56	+	Section 9–1701(b–1), (i–1), (o–1) through (o–3), and (r–2) through (r–4); and 9–1733 5
	57	+	and 9–1734 to be under the new part “Part V. Paint Stewardship Program” 6
	58	+	Annotated Code of Maryland 7
	59	+	(2014 Replacement Volume and 2023 Supplement) 8
60	60
61		-	(B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR
62		-	ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS .
	61	+	BY repealing and reenacting, with amendments, 9
	62	+	Article – Environment 10
	63	+	Section 9–1701(i–1), 9–1702, and 9–1707(f) 11
	64	+	Annotated Code of Maryland 12
	65	+	(2014 Replacement Volume and 2023 Supplement) 13
63	66
64		-	~~(2) “ARCHITECTURAL~~ ~~PAINT ” DOES NOT INCLUDE INDUSTRIAL~~
65		-	~~COATINGS, ORIGINAL EQUIPMENT C OATINGS,~~ ~~OR SPECIALTY COATING S.~~
	67	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
	68	+	That the Laws of Maryland read as follows: 15
66	69
67		-	~~(i) “Director” means the Director of the Office of Recycling.~~
	70	+	Article – Environment 16
68	71
69		-	(I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL
70		-	RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SEL L
71		-	ARCHITECTURAL PAINT TO RETAILERS IN THE STATE.
	72	+	9–1701. 17
72	73
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.
	74	+	(a) In this subtitle the following words have the meanings indicated. 18
76	75
77		-	(m) “Office” means the Office of Recycling within the Department.
	76	+	(B–1) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 19
	77	+	ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 20
78	78
79		-	(O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED 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.
	79	+	(2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE INDUSTRIAL 21
	80	+	COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 22
84	81
85		-	(O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED
86		-	AND NO LONGER WANTED BY A PURCHASER .
	82	+	(i) “Director” means the Director of the Office of Recycling. 23
87	83
88		-	(O–3) “~~PRODUCER~~” MEANS A ~~MANUFACTURER OF ARCHITECTURAL PAI NT~~
89		-	~~THAT SELLS,~~ ~~OFFERS FOR SALE ,~~ OR ~~DISTRIBUTES THE PAIN T IN THE STATE UNDER~~
90		-	THE ~~PRODUCER ’S OWN NAME OR BRAND~~ .
	84	+	(I–1) “DISTRIBUTOR” MEANS A COMPANY THAT HAS A CONTRACTUAL 24
	85	+	RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 25
	86	+	ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 26
91	87
92		-	(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT
93		-	ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP
94		-	PROGRAM.
95		-	WES MOORE, Governor Ch. 588
	88	+	[(i–1)] (I–2) “Food residuals” means material derived from the processing or 27
	89	+	discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 28
	90	+	products, and meats. 29
96	91
97		-	– 3 –
98		-	(R–3) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTURAL PAINT
99		-	FOR SALE AT RETAIL I N THE STATE.
	92	+	(m) “Office” means the Office of Recycling within the Department. 30
100	93
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.
	94	+	(O–1) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 31
	95	+	THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 32
	96	+	NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 33 SENATE BILL 325 3
105	97
106		-	9–1702.
107	98
108		-	(a) There is an Office of Recycling created within the Department.
	99	+	COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 1
	100	+	STATEWIDE. 2
109	101
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.
	102	+	(O–2) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 3
	103	+	AND NO LONGER WANTED BY A PURCHASER . 4
113	104
114		-	(c) The Secretary may adopt regulations to carry out the provisions of this
115		-	subtitle.
	105	+	(O–3) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 5
	106	+	THAT SELLS, OFFERS FOR SALE, OR DISTRIBUTES THE P AINT IN THE STATE UNDER 6
	107	+	THE PRODUCER ’S OWN NAME OR BRAND . 7
116	108
117		-	(d) The Office shall:
	109	+	(R–2) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 8
	110	+	ORGANIZATION CREATED BY PRODUCERS TO IMPL EMENT A PAINT STEWARDSHIP 9
	111	+	PROGRAM. 10
118	112
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;
	113	+	(R–3) “RETAILER” MEANS ANY PERSON THAT OFFERS ARCHITEC TURAL PAINT 11
	114	+	FOR SALE AT RETAIL I N THE STATE. 12
122	115
123		-	(2) Coordinate the efforts of the State to facilitate the implementation of
124		-	the recycling goals at the county level;
	116	+	(R–4) “SALE” OR “SELL” MEANS ANY TRANSFER O F TITLE FOR 13
	117	+	CONSIDERATION , INCLUDING REMOTE SAL ES CONDUCTED THROUGH SALES 14
	118	+	OUTLETS, CATALOGUES , THE INTERNET, OR ANY OTHER SIMILAR ELECTRONIC 15
	119	+	MEANS. 16
125	120
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;
	121	+	9–1702. 17
129	122
130		-	(4) Administer the Statewide Electronics Recycling Program under Part IV
131		-	of this subtitle; [and]
	123	+	(a) There is an Office of Recycling created within the Department. 18
132	124
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
	125	+	(b) The Secretary shall appoint a Director and sufficient staff to perform the 19
	126	+	functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 20
	127	+	budget. 21
135	128
136		-	(6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, 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 .
	129	+	(c) The Secretary may adopt regulations to carry out the provisions of this 22
	130	+	subtitle. 23
139	131
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. 588 2024 LAWS OF MARYLAND
	132	+	(d) The Office shall: 24
144	133
145		-	– 4 –
	134	+	(1) Assist the counties in developing an acceptable recycling plan required 25
	135	+	under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 26
	136	+	the local governments; 27
146	137
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;
	138	+	(2) Coordinate the efforts of the State to facilitate the implementation of 28
	139	+	the recycling goals at the county level; 29
150	140
151		-	(2) Programs necessary to educate the public on the need to participate in
152		-	recycling efforts;
	141	+	(3) Review all recycling plans submitted as part of a county plan as 30
	142	+	required under § 9–505 of this title and advise the Secretary on the adequacy of the 31
	143	+	recycling plan; 32
	144	+	4 SENATE BILL 325
153	145
154		-	(3) The economics and financing of existing and proposed systems of waste
155		-	disposal and recycling;
156	146
157		-	(4) State procurement policies for the purchase of recycled materials;
	147	+	(4) Administer the Statewide Electronics Recycling Program under Part IV 1
	148	+	of this subtitle; [and] 2
158	149
159		-	(5) ~~Programs necessary to reduce~~ the ~~amount~~ of ~~solid waste generated~~ for
160		-	~~disposal by a~~ State ~~agency or unit~~;
	150	+	(5) Promote the development of markets for recycled materials and 3
	151	+	recycled products in the State in accordance with § 9–1702.1 of this subtitle; AND 4
161	152
162		-	(6) The liaison role with local governments, the federal government, and
163		-	the private sector;
	153	+	(6) REVIEW AND APPROVE PL ANS AND ANNUAL REPOR TS, INCLUDING 5
	154	+	THE PAINT STEWARDSHI P ASSESSMENT, SUBMITTED IN ACCORDA NCE WITH A PAINT 6
	155	+	STEWARDSHIP PROGRAM ESTABL ISHED UNDER PART V OF THIS SUBTITLE . 7
164	156
165		-	(7) The percentage reduction in the amount of solid waste that has been
166		-	achieved by each county; and
	157	+	(e) On or before December 31, 2024, and every 2 years thereafter, the Office shall, 8
	158	+	in coordination with the Maryland Environmental Service, study and report to the 9
	159	+	Governor and, subject to § 2–1257 of the State Government Article, the General Assembly 10
	160	+	on: 11
167	161
168		-	(8) Economically feasible methods for the recycling of scrap automobile
169		-	tires, batteries, and white goods.
	162	+	(1) The identification and location of recycling centers, including an 12
	163	+	analysis of existing recycling centers and the need to expand these facilities or construct 13
	164	+	new recycling centers; 14
170	165
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.
	166	+	(2) Programs necessary to educate the public on the need to participate in 15
	167	+	recycling efforts; 16
176	168
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.
	169	+	(3) The economics and financing of existing and proposed systems of waste 17
	170	+	disposal and recycling; 18
181	171
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:
	172	+	(4) State procurement policies for the purchase of recycled materials; 19
185	173
186		-	(1) Tire manufacturers;
	174	+	(5) Programs necessary to reduce the amount of solid waste generated for 20
	175	+	disposal by a State agency or unit; 21
187	176
188		-	(2) Tire dealers; and
	177	+	(6) The liaison role with local governments, the federal government, and 22
	178	+	the private sector; 23
189	179
190		-	(3) ~~Tire recyclers.~~
191		-	~~WES MOORE,~~ ~~Governor Ch. 588~~
	180	+	(7) The percentage reduction in the amount of solid waste that has been 24
	181	+	achieved by each county; and 25
192	182
193		-	~~– 5 –~~
194		-	~~9–1705~~.
	183	+	(8) Economically feasible methods for the recycling of scrap automobile 26
	184	+	tires, batteries, and white goods. 27
195	185
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:
	186	+	(f) (1) By December 1, 1988, the Office shall, in coordination with the 28
	187	+	Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make 29
	188	+	recommendations to the General Assembly for the financing of a comprehensive system of 30
	189	+	recycling at the State and local level, including funding for recycling centers, recycling 31
	190	+	equipment, recycling education, and marketing strategies. 32
200	191
201		-	(1) The total amount, by weight, of solid waste collected;
	192	+	(2) After the financing recommendations are made under paragraph (1) of 33
	193	+	this subsection, each county may submit to the Office and the Governor a detailed request 34 SENATE BILL 325 5
202	194
203		-	(2) The total amount, by weight, of solid waste disposed of at solid waste
204		-	acceptance facilities;
205	195
206		-	(3) The amount and types of materials recycled;
	196	+	for funds necessary to assist in the development and implementation of a recycling plan 1
	197	+	under guidelines developed by the Office. 2
207	198
208		-	(4) The methods of disposal of solid waste used, other than recycling; and
	199	+	(g) In studying feasible methods for the management and recycling of used tires 3
	200	+	under subsection [(e)(9)] (E)(8) of this section, the Office of Recycling shall consult with 4
	201	+	the appropriate industry, including representatives of: 5
209	202
210		-	(5) The percentage reduction in the solid waste stream that has been
211		-	achieved.
	203	+	(1) Tire manufacturers; 6
212	204
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.
	205	+	(2) Tire dealers; and 7
216	206
217		-	(c) All reports shall be provided within 90 days after the close of the annual or
218		-	biannual reporting period.
	207	+	(3) Tire recyclers. 8
219	208
220		-	9–~~1707~~.
	209	+	9–1705. 9
221	210
222		-	(f) (1) There is a State Recycling Trust Fund.
	211	+	(a) Beginning on July 1, 1990, and biannually thereafter, each county which has 10
	212	+	not achieved the percentage of reduction in its solid waste stream required by this article 11
	213	+	shall, as a part of its solid waste plan update, provide a report to the Department which 12
	214	+	shall include: 13
223	215
224		-	(2) The ~~Fund shall consist~~ of:
	216	+	(1) The total amount, by weight, of solid waste collected; 14
225	217
226		-	(i) The newsprint recycling incentive fee;
	218	+	(2) The total amount, by weight, of solid waste disposed of at solid waste 15
	219	+	acceptance facilities; 16
227	220
228		-	(ii) The telephone directory recycling incentive fee collected under §
229		-	9–1709 of this subtitle;
	221	+	(3) The amount and types of materials recycled; 17
230	222
231		-	(iii) The covered electronic device manufacturer registration fee
232		-	collected under § 9–1728 of this subtitle;
	223	+	(4) The methods of disposal of solid waste used, other than recycling; and 18
233	224
234		-	(IV) THE ~~PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL~~
235		-	~~REPORT REVIEW FEE S COLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE;~~
	225	+	(5) The percentage reduction in the solid waste stream that has been 19
	226	+	achieved. 20
236	227
237		-	[(iv)] (V) All fines and penalties collected under this subtitle;
	228	+	(b) A county that has achieved the percentage of solid waste stream reduction 21
	229	+	required by this article shall provide the report described in subsection (a) of this section to 22
	230	+	the Department annually, on a calendar year basis. 23
238	231
239		-	[(v)] (VI) Money appropriated in the State budget to the Fund; and Ch. 588 2024 LAWS OF MARYLAND
	232	+	(c) All reports shall be provided within 90 days after the close of the annual or 24
	233	+	biannual reporting period. 25
240	234
241		-	– ~~6 –~~
	235	+	9–1707. 26
242	236
243		-	[(vi)] (VII) Any other money from any other source accepted for the
244		-	benefit of the Fund.
	237	+	(f) (1) There is a State Recycling Trust Fund. 27
245	238
246		-	(3) The ~~Secretary~~ shall ~~administer the Fund.~~
	239	+	(2) The Fund shall consist of: 28
247	240
248		-	(4) The ~~Treasurer shall hold the Fund separately and the Comptroller shall~~
249		-	~~account for the Fund.~~
	241	+	(i) The newsprint recycling incentive fee; 29
	242	+	6 SENATE BILL 325
250	243
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.
254	244
255		-	(6) In accordance with the State budget, the Fund shall be used only:
	245	+	(ii) The telephone directory recycling incentive fee collected under § 1
	246	+	9–1709 of this subtitle; 2
256	247
257		-	(i) ~~To provide grants to~~ the ~~counties to be used by the counties to~~
258		-	~~develop and implement local recycling plans~~;
	248	+	(iii) The covered electronic device manufacturer registration fee 3
	249	+	collected under § 9–1728 of this subtitle; 4
259	250
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;
	251	+	(IV) THE PAINT STEWARDSHIP PROGRAM PLAN AND ANNU AL 5
	252	+	REPORT REVIEW FEES C OLLECTED UNDER § 9–1733(B) AND (H) OF THIS SUBTITLE; 6
263	253
264		-	(iii) To provide grants to municipalities to be used by the
265		-	municipalities to implement local covered electronic device recycling programs; [and]
	254	+	[(iv)] (V) All fines and penalties collected under this subtitle; 7
266	255
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
	256	+	[(v)] (VI) Money appropriated in the State budget to the Fund; and 8
271	257
272		-	[(iv)] (V) ~~To carry out~~ the ~~purposes of the land management~~
273		-	~~administration~~.
	258	+	[(vi)] (VII) Any other money from any other source accepted for the 9
	259	+	benefit of the Fund. 10
274	260
275		-	(7) (i) The Treasurer shall invest the money in the Fund in the same
276		-	manner as other State money may be invested.
	261	+	(3) The Secretary shall administer the Fund. 11
277	262
278		-	(ii) ~~Any investment earnings of~~ the Fund ~~shall be credited to~~ the
279		-	~~General Fund of~~ the ~~State~~.
	263	+	(4) The Treasurer shall hold the Fund separately and the Comptroller shall 12
	264	+	account for the Fund. 13
280	265
281		-	9–1731. RESERVED.
	266	+	(5) At the end of each fiscal year, any unspent or unencumbered balance in 14
	267	+	the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 15
	268	+	accordance with § 7–302 of the State Finance and Procurement Article. 16
282	269
283		-	~~9–1732. RESERVED.~~
	270	+	(6) In accordance with the State budget, the Fund shall be used only: 17
284	271
285		-	~~PART V.~~ ~~PAINT STEWARDSHIP PROGRAM.~~
286		-	~~WES MOORE,~~ ~~Governor Ch. 588~~
	272	+	(i) To provide grants to the counties to be used by the counties to 18
	273	+	develop and implement local recycling plans; 19
287	274
288		-	– 7 –
289		-	9–1733.
	275	+	(ii) To provide grants to counties that have addressed methods for 20
	276	+	the separate collection and recycling of covered electronic devices in accordance with § 21
	277	+	9–1703(c)(1) of this subtitle; 22
290	278
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.
	279	+	(iii) To provide grants to municipalities to be used by the 23
	280	+	municipalities to implement local covered electronic device recycling programs; [and] 24
296	281
297		-	(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN ,
298		-	AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER
299		-	PAINT BY:
	282	+	(IV) TO COVER THE COSTS OF THE PAINT STEWARDSHIP 25
	283	+	PROGRAM PLAN REVIEW U NDER § 9–1733(B) OF THIS SUBTITLE , THE ANNUAL 26
	284	+	REPORT REVIEW UNDER § 9–1733(H) OF THIS SUBTITLE , AND ASSOCIATED COSTS 27
	285	+	FOR PROGRAM COMPLIANCE OV ERSIGHT; AND 28
300	286
301		-	(I) REDUCING ITS GENERATI ON;
	287	+	[(iv)] (V) To carry out the purposes of the land management 29
	288	+	administration. 30
	289	+	SENATE BILL 325 7
302	290
303		-	(II) PROMOTING ITS REUSE A ND RECYCLING ; AND
304	291
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.
	292	+	(7) (i) The Treasurer shall invest the money in the Fund in the same 1
	293	+	manner as other State money may be invested. 2
308	294
309		-	(3) THE ~~PLAN~~ SHALL ~~PROVID E FOR CONVENIENT AND AVAILABLE~~
310		-	~~STATEWIDE COLLECTION~~ OF ~~POSTCONSUMER PAIN T THAT:~~
	295	+	(ii) Any investment earnings of the Fund shall be credited to the 3
	296	+	General Fund of the State. 4
311	297
312		-	(I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE
313		-	EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O
314		-	CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM;
	298	+	9–1731. RESERVED. 5
315	299
316		-	(II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE
317		-	PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL PAI NT SOLD
318		-	IN THE STATE THAT ARE COVERE D BY THE PROGRAM;
	300	+	9–1732. RESERVED. 6
319	301
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 MUTUAL LY
323		-	AGREEABLE; AND
	302	+	PART V. PAINT STEWARDSHIP PROGRAM. 7
324	303
325		-	(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE
326		-	NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT
327		-	BASED ON THE FOLLOWI NG CRITERIA:
	304	+	9–1733. 8
328	305
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. 588 2024 LAWS OF MARYLAND
	306	+	(A) (1) ON OR BEFORE JULY 1, 2025, PRODUCERS OF ARCHITE CTURAL 9
	307	+	PAINT SOLD AT RETAIL IN THE STATE, OR A REPRESENTATIVE ORGANIZATION 10
	308	+	ACTING ON A PRODUCER’S BEHALF, SHALL SUBMIT A PLAN FOR THE 11
	309	+	ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR 12
	310	+	APPROVAL. 13
332	311
333		-	– 8 –
334		-	2. UNLESS OTHERWISE APPR OVED BY THE
335		-	DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR
336		-	EVERY 50,000 RESIDENTS.
	312	+	(2) THE PLAN SHALL MINIMI ZE PUBLIC SECTOR INV OLVEMENT IN , 14
	313	+	AND FINANCIAL RESPON SIBILITY FOR, THE MANAGEMENT OF PO STCONSUMER 15
	314	+	PAINT BY: 16
337	315
338		-	(4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT
339		-	COLLECTION SITE IF :
	316	+	(I) REDUCING ITS GENERATI ON; 17
340	317
341		-	(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER
342		-	PAINT COLLECTION SIT E;
	318	+	(II) PROMOTING ITS REUSE A ND RECYCLING ; AND 18
343	319
344		-	(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE
345		-	LAWS AND REGULATIONS ; AND
	320	+	(III) NEGOTIATING AND EXECU TING AGREEMENTS TO C OLLECT, 19
	321	+	TRANSPORT, REUSE, RECYCLE, PROCESS FOR RESOURCE RECOVERY, AND DISPOSE 20
	322	+	OF POSTCONSUMER PAIN T. 21
346	323
347		-	(III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH
348		-	MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAIN T
349		-	COLLECTION LOCATIONS .
	324	+	(3) THE PLAN SHA LL PROVIDE FOR CONVE NIENT AND AVAILABLE 22
	325	+	STATEWIDE COLLECTION OF POSTCONSUMER PAIN T THAT: 23
350	326
351		-	(5) THE PLAN SHALL ESTABL ISH:
	327	+	(I) PROVIDES FOR COLLECTI ON RATES AND CONVENI ENCE 24
	328	+	EQUAL TO OR GREATER THAN THE COLLECTION PROGRAMS AVAILABLE T O 25
	329	+	CONSUMERS PRIOR TO T HE PAINT STEWARDSHIP PROGRAM; 26
352	330
353		-	(I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL
354		-	ARCHITECTURAL PAINT SOLD IN THE STATE; AND
	331	+	(II) IDENTIFIES EACH PRODU CER PARTICIPATING IN THE 27
	332	+	PAINT STEWARDSHIP PROGRAM AND THE BRAND S OF ARCHITECTURAL P AINT SOLD 28
	333	+	IN THE STATE THAT ARE COVERE D BY THE PROGRAM; 29
355	334
356		-	(II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A
357		-	PAINT STEWARDSHIP PROGRAM TO REMIT TO TH E REPRESENTATIVE
358		-	ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH
359		-	CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE.
	335	+	(III) DESCRIBES HOW THE PAINT STEWARDSHIP PROGRAM MAY 30
	336	+	BE IMPLEMENTED IN CO ORDINATION WITH EXISTING HOUS EHOLD HAZARDOUS 31 8 SENATE BILL 325
360	337
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.
364	338
365		-	(7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE
366		-	EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED BY THE
367		-	DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE
368		-	PAINT STEWARDSHIP PROGRAM ARE COVERED BUT NOT EXCEEDED .
	339	+	WASTE COLLECTION INF RASTRUCTURE IN A MAN NER THAT IS MUTUALLY 1
	340	+	AGREEABLE; AND 2
369	341
370		-	(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT
371		-	FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM.
	342	+	(IV) PROVIDES GEOGRAPHIC M ODELING TO DETERMINE THE 3
	343	+	NUMBER AND DISTRIBUT ION OF SITES FOR COL LECTION OF POSTCONSU MER PAINT 4
	344	+	BASED ON THE FOLLOW ING CRITERIA: 5
372	345
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. 588
	346	+	1. AT LEAST 90% OF THE RESIDENTS OF THE STATE 6
	347	+	SHALL HAVE A COLLECT ION SITE WITHIN A 15–MILE RADIUS; AND 7
376	348
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:
	349	+	2. UNLESS OTHERWISE APPR OVED BY THE 8
	350	+	DEPARTMENT , ONE ADDITIONAL COLLE CTION SITE SHALL BE ESTABLISHED FOR 9
	351	+	EVERY 50,000 RESIDENTS. 10
381	352
382		-	(I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR
	353	+	(4) THE PLAN MAY IDENTIFY A RETAILER AS A POST CONSUMER PAINT 11
	354	+	COLLECTION SITE IF : 12
383	355
384		-	(II) ~~WHEN~~ THE ~~DEPARTMENT REQUIRES~~ A ~~CHANGE TO THE~~
385		-	~~AMOUNT OF THE P AINT STEWARDSHIP ASS ESSMENT.~~
	356	+	(I) THE RETAILER VOLUNTEE RS TO ACT AS A POSTC ONSUMER 13
	357	+	PAINT COLLECTION SIT E; 14
386	358
387		-	(B) (1) THE DEPARTMENT SHALL REVI EW:
	359	+	(II) THE RETAILER IS IN CO MPLIANCE WITH ALL AP PLICABLE 15
	360	+	LAWS AND REGULATIONS ; AND 16
388	361
389		-	(I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED
390		-	UNDER SUBSECTION (A) OF THIS SECTION; AND
	362	+	(III) THE SITE LOCATION OF THE RETAILER IS CONS ISTENT WITH 17
	363	+	MAINTAINING A COST –EFFECTIVE NETWORK OF POSTCONSUMER PAINT 18
	364	+	COLLECTION LOCATIONS . 19
391	365
392		-	(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL
393		-	AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUATE PAINT STEWA RDSHIP
394		-	ASSESSMENTS .
	366	+	(5) THE PLAN SHALL ESTABL ISH: 20
395	367
396		-	(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT
397		-	SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE
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 .
	368	+	(I) A UNIFORM PAINT STEWAR DSHIP ASSESSMENT FOR ALL 21
	369	+	ARCHITECTURAL PAINT SOLD IN THE STATE; AND 22
402	370
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 DEMONSTRATES A NET B ENEFIT COMPARED TO T HE
407		-	COLLECTION PROGRAMS AVAILABLE TO CONSUME RS IN 2023, THE DEPARTMENT
408		-	SHALL APPROVE THE PROGRAM.
	371	+	(II) A MECHANISM FOR PAINT PRODUCERS PARTICIPAT ING IN A 23
	372	+	PAINT STEWARDSHIP PROGRAM TO REMIT TO T HE REPRESENTATIVE 24
	373	+	ORGANIZATION PAYMENT OF THE PAINT STEWARD SHIP ASSESSMENT FOR EACH 25
	374	+	CONTAINER OF ARCHITE CTURAL PAINT SOLD IN THE STATE. 26
409	375
410		-	(4) THE ~~DEPARTMENT SHALL LI ST ON ITS WEBSITE TH E PRODUCERS~~
411		-	AND ~~BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED~~ PAINT
412		-	STEWARDSHIP PROGRAM.
	376	+	(6) THE TOTAL AMOUNT OF T HE PAINT STEWARDSHIP ASSESSMENT 27
	377	+	MAY NOT EXCEED THE C OSTS OF IMPLEMENTING AND SUSTAINING THE PAINT 28
	378	+	STEWARDSHIP PROGRAM. 29
413	379
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	+	(7) (I) THE PAINT STEWARDSHIP ASSESSMENT SHALL BE 30
	381	+	EVALUATED BY AN INDE PENDENT FINANCIAL AU DITOR, AS DESIGNATED B Y THE 31 SENATE BILL 325 9
417	382
418		-	(2) BEGINNING JANUARY 1, 2026, OR 6 MONTHS AFTER PLAN
419		-	APPROVAL, WHICHEVER IS LATER :
420		-	Ch. 588 2024 LAWS OF MARYLAND
421	383
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 TH E BRAND OR A REPRESE NTATIVE ORGANIZATION OF WHICH
426		-	THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT
427		-	STEWARDSHIP PROGRAM;
	384	+	DEPARTMENT , TO ENSURE THE COSTS OF IMPLEMENTING AND SUSTAINING THE 1
	385	+	PAINT STEWARDSHIP PROGRAM ARE COVERED B UT NOT EXCEEDED . 2
428	386
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 ARCHITEC TURAL PAINT SOLD TO RETAILERS AND
432		-	DISTRIBUTED IN THE STATE; AND
	387	+	(II) THE COST OF ANY WORK PERFORMED BY AN INDE PENDENT 3
	388	+	FINANCIAL AUDITOR SH ALL BE FUNDED BY THE PROGRAM. 4
433	389
434		-	(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT
435		-	STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL
436		-	PAINT SOLD IN THE STATE.
	390	+	(8) PAINT STEWA RDSHIP ASSESSMENTS M AY BE USED ONLY TO 5
	391	+	IMPLEMENT AND SUSTAI N THE PAINT STEWARDSHIP PROGRAM. 6
437	392
438		-	(D) A PRODUCER OR ~~REPRESENTATIVE ORGAN IZATION PARTICIPATIN G IN~~
439		-	~~AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH~~
440		-	~~EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCLUDE~~ :
	393	+	(9) A PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL 7
	394	+	SUBMIT A REVISED PLA N OR AMENDMENT TO TH E PLAN TO THE DEPARTMENT FOR 8
	395	+	APPROVAL: 9
441	396
442		-	(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE
443		-	MANAGEMENT OPTIONS F OR ARCHITECTURA L PAINT OFFERED THRO UGH THE
444		-	PROGRAM; AND
	397	+	(I) EVERY 5 YEARS, ON REQUEST OF THE DEPARTMENT ; OR 10
445	398
446		-	(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN
447		-	ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE
448		-	PROGRAM IS INCLUDED I N THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT
449		-	SOLD IN THE STATE.
	399	+	(II) WHEN THE DEPARTMENT REQUIRES A CHANGE TO THE 11
	400	+	AMOUNT OF THE PAINT STEWARDSHIP ASSESSME NT. 12
450	401
451		-	(E) FOLLOWING THE IMPLEMENTAT ION 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.
	402	+	(B) (1) THE DEPARTMENT SHALL REVI EW: 13
457	403
458		-	(F) A POSTCONSUMER PAINT C OLLECTION 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.
	404	+	(I) THE PAINT STEWARDSHIP PROGRAM PLAN REQUIRED 14
	405	+	UNDER SUBSECTION (A) OF THIS SECTION; AND 15
461	406
462		-	(G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES
463		-	THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT 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. 588
	407	+	(II) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL 16
	408	+	AUDITOR DESIGNATED B Y THE DEPARTMENT TO EVALUAT E PAINT STEWARDSHIP 17
	409	+	ASSESSMENTS . 18
466	410
467		-	– 11 –
468		-	RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT
469		-	UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM.
	411	+	(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 19
	412	+	SUBMITS A PLAN FOR A PPROVAL SHALL PAY A PLAN REVIEW FEE TO T HE 20
	413	+	DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST FUND UNDER § 21
	414	+	9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST OF PLAN 22
	415	+	REVIEW, INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE OV ERSIGHT, 23
	416	+	AS DETERMINED BY THE DEPARTMENT . 24
470	417
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 TH AT DETAILS THE PAINT STEWARDSHIP PROGRAM, INCLUDING:
	418	+	(3) IF THE DEPARTMENT DETERMINES THAT THE PAINT 25
	419	+	STEWARDSHIP PROGRAM PLAN , INCLUDING THE PAINT STEWARDSHIP 26
	420	+	ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 27
	421	+	SECTION AND THAT IT DEMONSTRATES A NET B ENEFIT COMPARED TO T HE 28
	422	+	COLLECTION PROGRAMS AVAILABLE TO CONSUMERS IN 2023, THE DEPARTMENT 29
	423	+	SHALL APPROVE THE PROGRAM. 30
474	424
475		-	(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT,
476		-	TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE;
	425	+	(4) THE DEPARTMENT SHALL LIST ON ITS WEBSITE THE P RODUCERS 31
	426	+	AND BRANDS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 32
	427	+	STEWARDSHIP PROGRAM. 33 10 SENATE BILL 325
477	428
478		-	(II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN
479		-	EACH COUNTY IN THE STATE;
480	429
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;
486	430
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 ;~~
	431	+	(C) (1) A PRODUCER OR REPRESEN TATIVE ORGANIZ ATION SHALL 1
	432	+	IMPLEMENT ITS PAINT STEWARDSHIP PROGRAM PLAN WITHIN 6 MONTHS AFTER 2
	433	+	THE PLAN’S APPROVAL BY THE DEPARTMENT . 3
490	434
491		-	(V) THE TOTAL FEES COLLEC TED IN EACH COUNTY I N THE
492		-	STATE, AS DETERMINED BY THE INDEPE NDENT FINANCIAL AUDI T FUNDED BY THE
493		-	PAINT STEWARDSHIP AS SESSMENT; AND
	435	+	(2) BEGINNING JANUARY 1, 2026, OR 6 MONTHS AFTER PLAN 4
	436	+	APPROVAL, WHICHEVER IS LATER : 5
494	437
495		-	(VI) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM
496		-	CONSUMERS OF ARCHITE CTURAL PAINT.
	438	+	(I) A PRODUCER OR RETAILER MAY NOT SELL OR OFFE R FOR 6
	439	+	SALE A BRAND OF ARCH ITECTURAL PAINT TO A NY PERSON IN THE STATE, UNLESS 7
	440	+	THE PRODUCER OF THE BRAND OR A REPRESENT ATIVE ORGANIZATION O F WHICH 8
	441	+	THE PRODUCER IS A ME MBER IS IMPLEMENTING AN APPROVED PAINT 9
	442	+	STEWARDSHIP PROGRAM; 10
497	443
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 .
	444	+	(II) A PRODUCER SHALL ADD T HE PAINT STEWARDSHIP 11
	445	+	ASSESSMENT ESTABLISH ED UNDER AN APPROVED PAINT STEWARDSHIP PROGRAM 12
	446	+	TO THE COST OF ALL A RCHITECTURAL PAINT S OLD TO RETAILERS AND 13
	447	+	DISTRIBUTED IN THE STATE; AND 14
504	448
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 IN A M ANNER THAT PROVIDES 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. 588 2024 LAWS OF MARYLAND
	449	+	(III) EACH RETAILER OR DIST RIBUTOR SHALL ADD A PAINT 15
	450	+	STEWARDSHIP ASSESSME NT TO THE PURCHASE P RICE OF ALL ARCHITEC TURAL 16
	451	+	PAINT SOLD IN THE STATE. 17
511	452
512		-	~~– 12 –~~
513		-	~~(I) (1) THE DEPARTMENT~~ SHALL ~~REVI EW THE ANNUAL REPORT~~
514		-	~~REQUIRED UNDER SUBSE CTION (H) OF THIS SECTION AND~~:
	453	+	(D) A PRODUCER OR REPRESEN TATIVE ORGANIZATION PARTICIPATING IN 18
	454	+	AN APPROVED PAINT STEWARDSHIP PROGRAM SHALL PROVIDE CONSUMERS WITH 19
	455	+	EDUCATIONAL MATERIAL S REGARDING THE PROGRAM THAT INCL UDE: 20
515	456
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 O R EXCEEDS THE COSTS OF THE
519		-	PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(6) OF THIS SECTION; AND
	457	+	(1) INFORMATION REGARDING AVAILABLE END –OF–LIFE 21
	458	+	MANAGEMENT OPTIONS F OR ARCHITECTURAL PAI NT OFFERED THROUGH T HE 22
	459	+	PROGRAM; AND 23
520	460
521		-	(II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED
522		-	IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION.
	461	+	(2) INFORMATION THAT NOTI FIES CONSUMERS THAT AN 24
	462	+	ASSESSMENT TO COVER THE COSTS OF IMPLEME NTING AND SUSTAINING THE 25
	463	+	PROGRAM IS INCLUDED IN THE P URCHASE PRICE OF ALL ARCHITECTURAL PAINT 26
	464	+	SOLD IN THE STATE. 27
523	465
524		-	(2) IF THE DEPARTMENT DETERMINES THAT THE PAINT
525		-	STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP
526		-	ASSESSMENT , COMPLIES WITH THE REQUIREMENT S OF SUBSECTION (A) OF THIS
527		-	SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T.
	466	+	(E) FOLLOWING THE IMPLEME NTATION OF THE PAINT STEWARDSHIP 28
	467	+	PROGRAM, A RETAILER COMPLIES WITH THE REQUIREMENT S OF THIS SECTION IF, 29
	468	+	ON THE DATE THE ARCH ITECTURAL PAINT WAS ORDERED FROM THE PRODUCER OR 30
	469	+	ITS AGENT, THE PRODUCER OF THE PAINT BRAND IS LISTE D ON THE DEPARTMENT ’S 31
	470	+	WEBSITE AS IMPLEMENT ING OR PARTICIPATING IN AN APPROVED PAINT 32
	471	+	STEWARDSHIP PROGRAM. 33
	472	+	SENATE BILL 325 11
528	473
529		-	(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL
530		-	MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC.
531	474
532		-	(J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORTED 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.
	475	+	(F) A POSTCONSUMER PAINT C OLLECTION SITE THAT IS IDENTIFIED IN THE 1
	476	+	PLAN MAY NOT CHARGE AN ADDI TIONAL FEE FOR THE D ISPOSAL OF PAINT WHE N IT 2
	477	+	IS OFFERED FOR DISPO SAL. 3
536	478
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.
	479	+	(G) A PRODUCER OR REPRESEN TATIVE ORGANIZATION THAT ORGANIZES 4
	480	+	THE COLLECTION , TRANSPORT, AND PROCESSING OF PO STCONSUMER PAINT IN 5
	481	+	ACCORDANCE WITH AN A PPROVED PAINT STEWARDSHIP PROGRAM SHALL BE 6
	482	+	IMMUNE FROM LIABILIT Y FOR ANY CLAIM OF A VIOLATION OF ANTITRU ST, 7
	483	+	RESTRAINT OF TRADE , OR UNFAIR TRADE PRAC TICE ARISING FROM CO NDUCT 8
	484	+	UNDERTAKEN IN ACCORD ANCE WITH THE PROGRAM. 9
540	485
541		-	9–1734.
	486	+	(H) (1) BEGINNING APRIL 1, 2026, AND ANNUALLY THERE AFTER, THE 10
	487	+	PRODUCER OR REPRESEN TATIVE ORGANIZATION SHALL SUBMIT A REPOR T TO THE 11
	488	+	DEPARTMENT THAT DETAI LS THE PAINT STEWARDSHIP PROGRAM, INCLUDING: 12
542	489
543		-	(A) THE ~~PROVISIONS OF § 9–342 OF THIS TITLE APPLY~~ TO ~~ENFORCE~~
544		-	~~VIOLATIONS OF THIS P ART.~~
	490	+	(I) A DESCRIPTION OF THE M ETHODS USED TO COLLE CT, 13
	491	+	TRANSPORT, AND PROCESS POSTCONS UMER PAINT IN THE STATE; 14
545	492
546		-	(B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLL ECTED UNDER
547		-	THIS SECTION INTO THE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R §
548		-	9–1707 OF THIS SUBTITLE .
	493	+	(II) THE VOLUME OF POSTCON SUMER PAINT COLLECTE D IN 15
	494	+	EACH COUNTY IN THE STATE; 16
549	495
550		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
551		-	2028, the Department of the Environment shall:
	496	+	(III) THE VOLUME AND TYPE O F POSTCONSUMER PAINT 17
	497	+	COLLECTED IN THE STATE BY METHOD OF DI SPOSITION, INCLUDING REUSE , 18
	498	+	RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOS AL, THAT INCLUDES 19
	499	+	AN ACCOUNTING OF THE VOLUME OF POSTCONSUM ER PAINT COLLECTED I N THE 20
	500	+	STATE FOR EACH COUNTY IN THE STATE; 21
552	501
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. 588
	502	+	(IV) THE TOTAL COST OF IMP LEMENTING AND SUSTAI NING THE 22
	503	+	PROGRAM, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY 23
	504	+	THE PAINT STE WARDSHIP ASSESSMENT ; 24
557	505
558		-	– 13 –
	506	+	(V) THE TOTAL FEES COLLEC TED IN EACH COUNTY I N THE 25
	507	+	STATE, AS DETERMINED BY THE INDEPENDENT FINANCIA L AUDIT FUNDED BY TH E 26
	508	+	PAINT STEWARDSHIP AS SESSMENT; AND 27
559	509
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.
	510	+	(VI) SAMPLES OF EDUCATIONA L MATERIALS USED TO INFORM 28
	511	+	CONSUMERS OF ARCHI TECTURAL PAINT . 29
564	512
565		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
566		-	1, 2024.
	513	+	(2) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON THAT 30
	514	+	SUBMITS A REPORT REQ UIRED UNDER THIS SEC TION SHALL PAY A REP ORT REVIEW 31
	515	+	FEE TO THE DEPARTMENT TO BE DEPO SITED IN THE STATE RECYCLING TRUST 32
	516	+	FUND UNDER § 9–1707 OF THIS SUBTITLE THA T COVERS THE DEPARTMENT ’S COST 33
	517	+	OF REPORT REVIEW , INCLUDING ASSOCIATED COSTS FOR PROGRAM COMPLIANCE 34
	518	+	OVERSIGHT, AS DETERMINED BY THE DEPARTMENT . 35 12 SENATE BILL 325
567	519
568		-	Approved by the Governor, May 9, 2024.
	520	+
	521	+
	522	+	(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 1
	523	+	MAKE AVAILABLE TO EA CH COUNTY THE INFORM ATION REQUIRED UNDER 2
	524	+	PARAGRAPH (1)(III) OF THIS SUBSECTION I N A MANNER THAT PROV IDES A COUNTY 3
	525	+	WITH SUFFICIENT TIME TO INCLUDE THE INFOR MATION IN THE REPORT S TO THE 4
	526	+	DEPARTMENT UNDER § 9–1705 OF THIS SUBTITLE. 5
	527	+
	528	+	(I) (1) THE DEPARTMENT SHALL REVI EW THE ANNUAL REPORT 6
	529	+	REQUIRED UNDE R SUBSECTION (H) OF THIS SECTION AND : 7
	530	+
	531	+	(I) EVALUATE THE TOTAL CO STS OF THE PAINT STEWARDSHIP 8
	532	+	PROGRAM, INCLUDING ALL EXPENS ES AND REVENUES , TO DETERMINE WHETHER 9
	533	+	THE PAINT STEWARDSHI P ASSESSMENT MEETS O R EXCEEDS THE COSTS OF THE 10
	534	+	PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(6) OF THIS SECTION; AND 11
	535	+
	536	+	(II) DETERMINE WHETHER THE PLAN IS BEING IMPLEM ENTED 12
	537	+	IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 13
	538	+
	539	+	(2) IF THE DEPARTMENT DETERMINES THAT THE PAINT 14
	540	+	STEWARDSHIP ANNUAL R EPORT, INCLUDING THE PAINT STEWARDSHIP 15
	541	+	ASSESSMENT , COMPLIES WITH THE RE QUIREMENTS OF SUBSEC TION (A) OF THIS 16
	542	+	SECTION, THE DEPARTMENT SHALL APPR OVE THE ANNUAL REPOR T. 17
	543	+
	544	+	(3) THE PRODUCER OR REPRE SENTATIVE ORGANIZATI ON SHALL 18
	545	+	MAKE THE APPROVED AN NUAL REPORT AVAILABL E TO THE PUBLIC. 19
	546	+
	547	+	(J) (1) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 20
	548	+	DEPARTMENT BY A PRODU CER OR THE REPRESENT ATIVE ORGANIZATION S HALL BE 21
	549	+	KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 22
	550	+	INSPECTION. 23
	551	+
	552	+	(2) THE DEPARTMENT MAY RELEAS E SUMMARY DAT A THAT DOES 24
	553	+	NOT DISCLOSE FINANCI AL, PRODUCTION , OR SALES DATA OF A P RODUCER, 25
	554	+	RETAILER, OR REPRESENTATIVE OR GANIZATION. 26
	555	+
	556	+	9–1734. 27
	557	+
	558	+	(A) THE PROVISIONS OF § 9–342 OF THIS TITLE APPLY TO ENFORCE 28
	559	+	VIOLATIONS OF THIS P ART. 29
	560	+
	561	+	(B) THE DEPARTMENT SHALL DEPO SIT ANY PENALTY COLLECTED UND ER 30
	562	+	THIS SECTION INTO TH E STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 31
	563	+	9–1707 OF THIS SUBTITLE . 32
	564	+	SENATE BILL 325 13
	565	+
	566	+
	567	+	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 1
	568	+	2028, the Department of the Environment shall: 2
	569	+
	570	+	(1) review the costs and benefits of the Maryland Paint Stewardship 3
	571	+	Program, comparing the Program to paint stewardship programs and extended producer 4
	572	+	responsibility programs in other states and making recommendations if necessary for 5
	573	+	improvements to the Program; and 6
	574	+
	575	+	(2) submit a report on the findings of the review required under item (1) of 7
	576	+	this section to the Governor and, in accordance with § 2–1257 of the State Government 8
	577	+	Article, the Senate Committee on Education, Energy, and the Environment and the House 9
	578	+	Environment and Transportation Committee. 10
	579	+
	580	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
	581	+	1, 2024. 12
	582	+
	583	+
	584	+
	585	+	Approved:
	586	+	________________________________________________________________________________
	587	+	Governor.
	588	+	________________________________________________________________________________
	589	+	President of the Senate.
	590	+	________________________________________________________________________________
	591	+	Speaker of the House of Delegates.