EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0931*
HOUSE BILL 931
M3 5lr2270
CF SB 591
By: Delegate Stein
Introduced and read first time: January 31, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environment – Covered Electronic Device Recycling Program – Establishment 2
(Electronics Recycling Health and Safety Modernization Act) 3
FOR the purpose of altering the contents and use of the State Recycling Trust Fund; 4
establishing a separate covered electronic device recycling account and a separate 5
covered electronic device manufacturer registration fee account within the Fund; 6
repealing certain provisions of law relating to existing covered electronic device 7
takeback programs; altering certain provisions of law relating to registration fees for 8
certain manufacturers of covered electronic devices; requiring that a certain 9
manufacturer registration fee be paid into a certain account within the Fund; 10
requiring certain manufacturers to include certain information with certain covered 11
electronic devices in a certain manner; establishing the Covered Electronic Device 12
Recycling Program in the Department of the Environment to facilitate the collection 13
and recycling, refurbishment, or reuse of certain covered electronic devices in the 14
State; requiring a consumer, beginning on a certain date, to pay a certain recycling 15
fee with the purchase of a new covered electronic device; requiring certain retailers, 16
beginning on a certain date, to remit the recycling fee to the Comptroller in a certain 17
manner; requiring the Department, beginning on a certain date, to disburse certain 18
funds to authorized collectors and authorized recyclers in a certain manner; 19
prohibiting an authorized collector or authorized recycler from charging a person a 20
certain fee, subject to certain exceptions; establishing the covered electronic device 21
advisory council to advise the Department on the implementation and the 22
administration of the Program; requiring that certain regulations adopted by the 23
Department establish certain application materials and procedures for authorized 24
collectors and authorized recyclers; requiring the Department to notify certain 25
manufacturers of covered electronic devices of certain information on or before a 26
certain date; and generally relating to the recycling of covered electronic devices in 27
the State. 28
BY repealing and reenacting, with amendments, 29
Article – Environment 30 2 HOUSE BILL 931
Section 9–1701, 9–1707(f), 9–1727, 9–1728, 9–1728.1, 9–1728.2, 9–1729, and 9–1730 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2024 Supplement) 3
BY adding to 4
Article – Environment 5
Section 9–1728.3 and 9–1728.4 6
Annotated Code of Maryland 7
(2014 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Environment 11
9–1701. 12
(a) In this subtitle the following words have the meanings indicated. 13
(b) “Anaerobic digestion” means the controlled anaerobic biological decomposition 14
of organic waste material to produce biogas and digestate. 15
(b–1) (1) “Architectural paint” means interior and exterior architectural coatings 16
sold in containers of 5 gallons or less. 17
(2) “Architectural paint” does not include industrial coatings, original 18
equipment coatings, or specialty coatings. 19
(B–2) (1) “AUTHORIZED COLLECTOR ” MEANS AN ENTITY THAT IS 20
AUTHORIZED BY THE DEPARTMENT TO ACCEPT OR COLLECT ALL MAKES AND 21
MODELS OF COVERED ELECTRONIC D EVICES TO BE RECYCLE D, REFURBISHED, OR 22
REUSED. 23
(2) “AUTHORIZED COLLECTOR ” INCLUDES: 24
(I) LOCAL GOVERNMENTS ; 25
(II) NONPROFIT ORGANIZATIO NS; 26
(III) ELECTRONICS RETAILERS ; 27
(IV) A PERSON AUTHORIZED BY A COUNTY, MUNICIPALITY, OR 28
DISTRICT TO COLLECT COVERED ELECTRONIC D EVICES UNDER THE TERMS OF A 29
CONTRACT, LICENSE, PERMIT, OR OTHER WRITTEN AUT HORIZATION; AND 30
HOUSE BILL 931 3
(V) A MANUFACTURER THAT IS AN ELECTRONICS RETAI LER: 1
1. WITH THEIR OWN PHYSIC AL COVERED ELECTRONI C 2
DEVICE TAKEBACK LOCA TION IN THE STATE; AND 3
2. THAT ACCEPTS AND COLLECTS ALL MAK ES AND 4
MODELS OF COVERED EL ECTRONIC DEVICES FRO M THE PUBLIC AT NO C OST. 5
(3) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 6
“AUTHORIZED COLLECTOR ” DOES NOT INCLUDE A M ANUFACTURER . 7
(B–3) (1) “AUTHORIZED RECYCLER ” MEANS: 8
(I) A PERSON THAT : 9
1. ENGAGES IN THE MANUAL OR MECHANICAL 10
REFURBISHMENT OR SEP ARATION OF ALL MAKES AND MODELS OF COVERED 11
ELECTRONIC DEVICES I N ORDER TO RECOVER : 12
A. THE ENTIRE DEVICE FOR THE PURPOSE OF REUSE ; OR 13
B. COMPONENTS OR COMMODI TIES FROM THE DEVICES 14
FOR THE PURPOSE OF R ECYCLING; OR 15
2. A. CHANGES THE PHYSICAL OR CHEMICAL 16
COMPOSITION OF A COV ERED ELECTRONIC DEVI CE BY DECONSTRUCTING , 17
REDUCING IN SIZE , CRUSHING, CUTTING, SAWING, COMPACTING , SHREDDING, OR 18
REFINING IN ORDER TO SEGREGATE COMPONENTS FOR TH E PURPOSE OF 19
RECYCLING THE COMPON ENTS; AND 20
B. ARRANGES FOR THE TRAN SPORT OF SEGREGATED 21
COMPONENTS TO AN END USER; OR 22
(II) AN ELECTRONICS RETAILER THAT IS AUT HORIZED BY THE 23
DEPARTMENT TO COLLECT , REFURBISH, REUSE, OR RECYCLE A C OVERED 24
ELECTRONIC DEVICE IN ACCORDANCE WITH THE COVERED ELECTRONIC DEVICE 25
RECYCLING PROGRAM ESTABLISHED UNDER § 9–1728.3 OF THIS SUBTITLE. 26
(2) “AUTHORIZED RECYCLER ” DOES NOT INCLUDE A 27
MANUFACTURER . 28
(c) “Compost” means the product of composting in accordance with the standards 29
established by the Secretary of Agriculture under § 6–221 of the Agriculture Article. 30
4 HOUSE BILL 931
(d) “Composting” means the controlled aerobic biological decomposition of organic 1
waste material in accordance with the standards established by the Secretary under this 2
title. 3
(e) (1) “Composting facility” means a facility where composting takes place. 4
(2) “Composting facility” does not include a facility that is required to 5
obtain: 6
(i) A natural wood waste recycling facility permit in accordance with 7
this title; 8
(ii) A sewage sludge utilization permit in accordance with this title; 9
or 10
(iii) A refuse disposal permit in accordance with this title. 11
(f) (1) “Computer” means a desktop personal computer or laptop computer, 12
including the computer monitor. 13
(2) “Computer” does not include: 14
(i) A personal digital assistant device; or 15
(ii) A computer peripheral device, including: 16
1. A mouse or other similar pointing device; 17
2. A printer; or 18
3. A detachable keyboard. 19
(g) (1) “Covered electronic device” means a [computer or video display] TIER 20
I OR A TIER II COVERED ELECTRONIC device [with a screen that is greater than 4 inches 21
measured diagonally] OR OTHER TIER OF COVERED ELEC TRONIC DEVICE IF 22
ESTABLISHED BY THE DEPARTMENT IN REGULAT ION. 23
(2) “Covered electronic device” does not include a video display OR OTHER 24
ELECTRONIC device that is part of a motor vehicle or that is contained within a household 25
appliance, INCLUDING WHITE GOOD S, or commercial, industrial, or medical equipment. 26
(h) [“Covered electronic device takeback program” means a program, established 27
by a covered electronic device manufacturer or a group of covered electronic device 28
manufacturers, for the collection and recycling, refurbishing, or reuse of a covered 29
electronic device labeled with the name of the manufacturer or the manufacturer’s brand 30
label, including: 31 HOUSE BILL 931 5
(1) Providing, at no cost to the returner, a method of returning a covered 1
electronic device to the manufacturer, including postage paid mailing packages or 2
designated collection points throughout the State; 3
(2) Contracting with a recycler, local government, other manufacturer, or 4
any other person; or 5
(3) Any other program approved by the Department. 6
(i)] “Director” means the Director of the Office of Recycling. 7
[(i–1)] (I) “Distributor” means a company that has a contractual relationship with 8
one or more producers to market and sell architectural paint to retailers in the State. 9
(I–1) “ELECTRONICS RETAILER ” MEANS ANY PERSON THA T SELLS A 10
COVERED ELECTRONIC D EVICE DIRECTLY TO A CONSUMER . 11
(i–2) “Food residuals” means material derived from the processing or discarding of 12
food, including pre– and post–consumer vegetables, fruits, grains, dairy products, and 13
meats. 14
(j) “Manufacturer” means a person that is the brand owner of a covered electronic 15
device sold or offered for sale in the State, by any means, including transactions conducted 16
through sales outlets, catalogs, or the Internet. 17
(k) (1) “Natural wood waste” means tree and other natural vegetative refuse. 18
(2) “Natural wood waste” includes tree stumps, brush and limbs, root mats, 19
logs, and other natural vegetative material. 20
(l) (1) “Natural wood waste recycling facility” means a facility where recycling 21
services for natural wood waste are provided. 22
(2) “Natural wood waste recycling facility” does not include a collection or 23
processing facility operated by: 24
(i) A nonprofit or governmental organization located in the State; or 25
(ii) A single individual or business that provides recycling services 26
for its own employees or for its own recyclable materials generated on its own premises. 27
(m) “Office” means the Office of Recycling within the Department. 28
(n) (1) “Organics recycling” means any process in which organic materials or 29
compostable packaging materials are collected, separated, or processed and returned to the 30
marketplace in the form of raw materials or products. 31 6 HOUSE BILL 931
(2) “Organics recycling” includes anaerobic digestion and composting. 1
(o) “Organics recycling facility” means a facility where organics recycling takes 2
place. 3
(o–1) “Paint stewardship assessment” means the amount added to the purchase 4
price of architectural paint sold in the State that is necessary to cover the Paint 5
Stewardship Program’s cost of collecting, transporting, and processing postconsumer paint 6
statewide. 7
(o–2) “Postconsumer paint” means architectural paint not used and no longer 8
wanted by a purchaser. 9
(o–3) “Producer” means a manufacturer of architectural paint that sells, offers for 10
sale, or distributes the paint in the State under the producer’s own name or brand. 11
(p) (1) “Recyclable materials” means those materials that: 12
(i) Would otherwise become solid waste for disposal in a refuse 13
disposal system; and 14
(ii) May be collected, separated, composted, or processed and 15
returned to the marketplace in the form of raw materials or products. 16
(2) “Recyclable materials” does not include incinerator ash. 17
(q) “Recycling” means any process in which recyclable materials are collected, 18
separated, or processed and returned to the marketplace in the form of raw materials or 19
products. 20
(r) “Recycling services” means the services provided by persons engaged in the 21
business of recycling, including the collection, processing, storage, purchase, sale, or 22
disposition of recyclable materials. 23
(r–1) “Refuse disposal system” has the meaning stated in § 9–201 of this title. 24
(r–2) “Representative organization” means a nonprofit organization created by 25
producers to implement a Paint Stewardship Program. 26
(r–3) “Retailer” means any person that offers architectural paint for sale at retail 27
in the State. 28
(r–4) “Sale” or “sell” means any transfer of title for consideration, including remote 29
sales conducted through sales outlets, catalogues, the Internet, or any other similar 30
electronic means. 31
HOUSE BILL 931 7
(s) (1) “Solid waste stream” means garbage or refuse that would, unless 1
recycled, be disposed of in a refuse disposal system. 2
(2) “Solid waste stream” includes organic material capable of being 3
composted that is not composted in accordance with regulations adopted under § 9–1725(b) 4
of this subtitle. 5
(3) “Solid waste stream” does not include: 6
(i) Hospital waste; 7
(ii) Rubble; 8
(iii) Scrap material; 9
(iv) Land clearing debris; 10
(v) Sewage sludge; or 11
(vi) Waste generated by a single individual or business and disposed 12
of in a facility dedicated solely for that entity’s waste. 13
(T) “TIER I COVERED ELECTRONIC D EVICE” MEANS A COMPUTER MONITOR, 14
TELEVISION, OR VIDEO DISPLAY DEV ICE THAT IS NOT OTHERWIS E SPECIFIED AS A 15
TIER II COVERED ELECTRONIC D EVICE. 16
(U) “TIER II COVERED ELECTRONIC D EVICE” MEANS: 17
(1) A LAPTOP COMPUTER ; 18
(2) A PERSONAL DIGITAL ASS ISTANT, NOTEBOOK, READER, OR 19
TABLET DEVICE; 20
(3) A CELL PHONE; 21
(4) A CENTRAL PROCESSING U NIT OF A COMPUTER ; 22
(5) A PRINTER; 23
(6) A SCANNER; 24
(7) A FACSIMILE MACHINE ; 25
(8) A COPIER; AND 26
8 HOUSE BILL 931
(9) ANY OTHER COMPUTER OR ELECTRONIC DEVICE OR ACCESSORY 1
THAT HAS A PLUG OR B ATTERY THAT IS DESIGNATED A S A TIER II COVERED 2
ELECTRONIC DEVICE BY THE DEPARTMENT . 3
[(t)] (V) (1) “Video display device” means an electronic device with an output 4
surface that displays or is capable of displaying moving graphical images or visual 5
representations of image sequences or pictures that show a number of quickly changing 6
images on a screen to create the illusion of motion. 7
(2) “Video display device” includes a device that is an integral part of the 8
display and cannot easily be removed from the display by the consumer and that produces 9
the moving image on the screen. 10
(3) A video display device may use a cathode–ray tube (CRT), liquid crystal 11
display (LCD), gas plasma, digital light processing, or other image–projection technology. 12
[(u)] (W) “White goods” includes: 13
(1) Refrigerators; 14
(2) Stoves; 15
(3) Washing machines; 16
(4) Dryers; 17
(5) Water heaters; [and] 18
(6) Air conditioners; AND 19
(7) ANY OTHER APPLIANCES DESIGNATED BY THE DEPARTMENT IN 20
REGULATION. 21
[(v)] (X) (1) “Yard waste” means organic plant waste derived from gardening, 22
landscaping, and tree trimming activities. 23
(2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and 24
prunings. 25
9–1707. 26
(f) (1) There is a State Recycling Trust Fund. 27
(2) The Fund shall consist of: 28
(i) The newsprint recycling incentive fee; 29 HOUSE BILL 931 9
(ii) The telephone directory recycling incentive fee collected under § 1
9–1709 of this subtitle; 2
(iii) [The covered electronic device manufacturer registration fee 3
collected under § 9–1728 of this subtitle; 4
(iv)] The Paint Stewardship Program plan and annual report review 5
fees collected under § 9–1733(b) and (h) of this subtitle; 6
[(v)] (IV) All fines and penalties collected under this subtitle; 7
[(vi)] (V) Money appropriated in the State budget to the Fund; and 8
[(vii)] (VI) Any other money from any other source accepted for the 9
benefit of the Fund. 10
(3) The Secretary shall administer the Fund. 11
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 12
account for the Fund. 13
(5) At the end of each fiscal year, any unspent or unencumbered balance in 14
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 15
accordance with § 7–302 of the State Finance and Procurement Article. 16
(6) In accordance with the State budget, the Fund shall be used only: 17
(i) To provide grants to the counties to be used by the counties to 18
develop and implement local recycling plans; 19
(ii) [To provide grants to counties that have addressed methods for 20
the separate collection and recycling of covered electronic devices in accordance with § 21
9–1703(c)(1) of this subtitle; 22
(iii) To provide grants to municipalities to be used by the 23
municipalities to implement local covered electronic device recycling programs; 24
(iv)] To cover the costs of the Paint Stewardship Program plan review 25
under § 9–1733(b) of this subtitle, the annual report review under § 9–1733(h) of this 26
subtitle, and associated costs for Program compliance oversight; [and] 27
(III) IN ACCORDANCE WITH PARAGR APH (7) OF THIS 28
SUBSECTION, TO MAKE A DISBURSEME NT TO AN AUTHORIZED COLLECTOR OR AN 29
AUTHORIZED RECYCLER IN ACCORDANCE WITH § 9–1728.3(G) OF THIS SUBTITLE ; 30
AND 31 10 HOUSE BILL 931
[(v)] (IV) To carry out the purposes of the land management 1
administration. 2
(7) (I) 1. THERE SHALL BE A SEPA RATE COVERED ELECTRO NIC 3
DEVICE RECYCLING ACC OUNT WITHIN THE FUND. 4
2. THE ACCOUNT SHALL CON SIST OF ANY FEES 5
COLLECTED FROM ELECTRONICS RETAILERS UNDER § 9–1728.3(E) OF THIS 6
SUBTITLE. 7
3. THE ACCOUNT SHALL BE USED ONLY TO MAKE A 8
DISBURSEMENT TO AN A UTHORIZED RECYCLER O R AN AUTHORIZED COLL ECTOR IN 9
ACCORDANCE WITH § 9–1728.3(G) OF THIS SUBTITLE. 10
(II) 1. THERE SHALL BE A SEPA RATE COVERED ELECTRO NIC 11
DEVICE MANUFACTURER REGISTRATION FEE ACC OUNT WITHIN THE FUND. 12
2. THE ACCOUNT SHALL CON SIST OF THE COVERED 13
ELECTRONIC DEVICE MA NUFACTURER REGISTRAT ION FEE COLLECTED IN 14
ACCORDANCE WITH § 9–1728(C) OF THIS SUBTITLE. 15
3. THE ACCOUNT SHALL BE USED TO: 16
A. FUND THE COVERED ELECTRONIC DEVICE 17
RECYCLING PROGRAM ESTABLISHED U NDER § 9–1728.3 OF THIS SUBTITLE; AND 18
B. REIMBURSE EXPENSES OF MEMBERS OF THE 19
COVERED ELECTRONIC D EVICE ADVISORY COUNC IL UNDER § 9–1728.4 OF THIS 20
SUBTITLE. 21
[(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 22
same manner as other State money may be invested. 23
(ii) Any investment earnings of the Fund shall be credited to the 24
General Fund of the State. 25
9–1727. 26
(a) This section applies to a manufacturer that sells or offers for sale a new 27
covered electronic device in the State. 28
(b) A manufacturer may not sell or offer for sale to any person in the State a new 29
covered electronic device unless: 30
HOUSE BILL 931 11
(1) The covered electronic device is labeled with the name of the 1
manufacturer or the manufacturer’s brand label; and 2
(2) The manufacturer has registered with and[, if applicable,] submitted a 3
registration fee to the Department as provided under this part. 4
9–1728. 5
(a) A covered electronic device manufacturer’s registration shall include: 6
(1) The brand names under which the manufacturer sells or offers for sale 7
covered electronic devices in the State; 8
(2) [Whether the manufacturer has implemented a covered electronic 9
device takeback program; 10
(3) If the manufacturer has implemented a covered electronic device 11
takeback program: 12
(i)] A toll–free number or Web site address that provides 13
[information about the takeback program, including] a detailed description of how a person 14
may return a covered electronic device for recycling, refurbishing, or reuse; [and] 15
[(ii) One year after the implementation of the program and each year 16
thereafter, a report on the implementation of the program during the prior year, including: 17
1. The total weight of the covered electronic devices received 18
by the program from Maryland during the prior year; 19
2. The total number of covered electronic devices from 20
Maryland recycled, refurbished, and reused during the prior year; and 21
3. The processes and methods used to recycle, refurbish, or 22
reuse the covered electronic devices received from Maryland;] 23
[(4)] (3) The total number of covered electronic devices sold in the State 24
in the prior year, including: 25
(i) The types of covered electronic devices sold; and 26
(ii) The brand names under which the covered electronic devices 27
were sold; and 28
[(5)] (4) Any additional information required by the Department in 29
regulation. 30
12 HOUSE BILL 931
(b) The registration shall[: 1
(1) Be] BE submitted to the Department by March 1 of each year[; and 2
(2) If the manufacturer has implemented a covered electronic device 3
takeback program, be updated prior to any significant change in the program]. 4
(c) (1) [The] SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , THE 5
covered electronic device manufacturer registration fee shall be paid by a manufacturer in 6
accordance with this subsection. 7
(2) [For the initial registration by a manufacturer, the] THE registration 8
fee is: 9
(i) $10,000 for a manufacturer that sold at least 1,000 covered 10
electronic devices in the State in the prior year; and 11
(ii) $5,000 for a manufacturer that sold at least 100 but not more 12
than 999 covered electronic devices in the State in the prior year. 13
[(3) For each subsequent annual registration by a manufacturer that did 14
not have an implemented covered electronic device takeback program in the prior year, the 15
registration fee is: 16
(i) 1. On or after March 1, 2013, and before March 1, 2016, 17
$10,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State 18
in the prior year; and 19
2. On or after March 1, 2016, $5,000 for a manufacturer that 20
sold at least 1,000 covered electronic devices in the State in the prior year; and 21
(ii) $5,000 for a manufacturer that sold at least 100 but not more 22
than 999 covered electronic devices in the State in the prior year. 23
(4) For each subsequent annual registration by a manufacturer that had 24
an implemented covered electronic device takeback program in the prior year, the 25
registration fee is $500.] 26
[(5)] (3) There is no registration fee for a manufacturer that sold less than 27
100 covered electronic devices in the State in the prior year. 28
[(6)] (4) The registration fee required under this subsection shall: 29
(i) Be submitted to the Department by March 1 of each year; and 30
HOUSE BILL 931 13
(ii) Be paid into the COVERED ELECTRONIC D EVICE 1
MANUFACTURER REGISTR ATION FEE ACCOUNT WI THIN THE State Recycling Trust 2
Fund. 3
(5) THE DEPARTMENT MAY ADJUST THE COVERED ELECTRON IC 4
DEVICE MANUFACTURER REGISTRATION FEE BY REGULATION . 5
(d) (1) The Department shall: 6
(i) Review the registration submitted under this section; and 7
(ii) If the registration does not meet the requirements of this section 8
and the regulations adopted by the Department under this subtitle, notify the 9
manufacturer of the insufficiency. 10
(2) Within 60 days after receipt of a notice of insufficiency, the 11
manufacturer shall submit a revised registration that addresses the insufficiencies noted 12
by the Department. 13
(e) The Department shall maintain a list of registered covered electronic device 14
manufacturers on its Web site. 15
(f) The sales data submitted in accordance with subsection [(a)(4)] (A)(3) of this 16
section shall be treated as confidential and proprietary, and may not be disclosed except as 17
otherwise required by law. 18
9–1728.1. 19
[(a) In this section, “retailer” means any person that sells a covered electronic 20
device to a consumer. 21
(b)] If a manufacturer is subject to the requirements of §§ 9–1727 and 9–1728 of 22
this [part] SUBTITLE, [a] AN ELECTRONICS retailer may not sell or offer for sale to any 23
person in the State a new covered electronic device manufactured by the manufacturer, 24
unless the manufacturer has complied with the requirements of §§ 9–1727 and 9–1728 of 25
this [part] SUBTITLE. 26
9–1728.2. 27
[(a)] A manufacturer [that has implemented a covered electronic device takeback 28
program] shall include educational and instructional materials relating to the destruction 29
and sanitization of data from a covered electronic device[: 30
(1) With] WITH each new covered electronic device sold or offered for sale 31
in the State[;]: 32
14 HOUSE BILL 931
[(2)] (1) (I) On the manufacturer’s [covered electronic device takeback 1
program Web site] WEBSITE; or 2
[(3)] (II) As information provided through [the manufacturer’s covered 3
electronic device takeback program] A toll–free number; AND 4
(2) IN MULTIPLE LANGUAGES , AS DETERMINED BY THE 5
DEPARTMENT , AND FORMATS TO COMPL Y WITH THE FEDERAL AMERICANS WITH 6
DISABILITIES ACT. 7
[(b) A manufacturer that is participating in a covered electronic device takeback 8
program established by a group of covered electronic device manufacturers shall be 9
considered as having implemented a covered electronic device takeback program under this 10
part.] 11
9–1728.3. 12
(A) IN THIS SECTION , “PROGRAM” MEANS THE COVERED ELECTRONIC 13
DEVICE RECYCLING PROGRAM. 14
(B) (1) THERE IS A COVERED ELECTRONIC DEVICE RECYCLING 15
PROGRAM IN THE DEPARTMENT . 16
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 17
DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 18
(II) THE DEPARTMENT MAY CONTRA CT WITH A NONPROFIT 19
ORGANIZATION, A B CORPORATION , OR ANY OTHER ENTITY THAT SP ECIALIZES IN 20
THE PRIVATE MANAGEME NT OF ELECTRONICS RE CYCLING SYSTEMS FOR 21
GOVERNMENTAL ENTITIE S TO ADMINISTER THE PROGRAM. 22
(C) THE PURPOSE OF THE PROGRAM IS TO FACILIT ATE THE COLLECTION 23
AND RECYCLING , REFURBISHING , OR REUSE OF COVERED ELECTRONIC DEVICES I N 24
THE STATE. 25
(D) THE PROGRAM SHALL BE FUND ED BY THE COVERED EL ECTRONIC 26
DEVICE MANUFACTURER REGISTRATION FEE ACC OUNT ESTABLISHED WIT HIN THE 27
STATE RECYCLING TRUST FUND UNDER § 9–1707(F)(7)(II) OF THIS SUBTITLE. 28
(E) (1) BEGINNING JULY 1, 2027, A CONSUMER SHALL PAY A RECYCLING 29
FEE WITH THE PURCHAS E OF A NEW COVERED E LECTRONIC DEVICE IN THE STATE. 30
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 31
RECYCLING FEE REQUIR ED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHAL L BE 32 HOUSE BILL 931 15
IN AN AMOUNT NECESSA RY TO COVER REIMBURS EMENT FOR COSTS UNDE R 1
SUBSECTION (G) OF THIS SECTION. 2
(II) THE DEPARTMENT , IN CONSULTATION WITH THE COVERED 3
ELECTRONIC DEVICE AD VISORY COUNCIL ESTAB LISHED UNDER § 9–1728.4 OF THIS 4
SUBTITLE, MAY BY REGULATION : 5
1. DETERMINE REASONABLE RECYCLING FEES 6
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION ; 7
2. AMEND OR EXPAND : 8
A. EXISTING TIERS OF COVERED ELE CTRONIC DEVICES ; 9
AND 10
B. THE DEFINITION OF “WHITE GOODS ” AS DEFINED IN § 11
9–1701 OF THIS SUBTITLE ; AND 12
3. ESTABLISH ADDITIONAL TIERS OF COVERED 13
ELECTRONIC DEVICES . 14
(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 15
AND BEGINNING AUGUST 1, 2027, AND EACH MONTH THERE AFTER, AN 16
ELECTRONICS RETAILER SHALL REMIT THE RECYCLING FEE COLLECTED DURING 17
THE IMMEDIATELY PREC EDING MONTH TO THE COMPTROLLER . 18
(2) (I) AN ELECTRONICS RETAILER THAT TIMELY SUBMITS THE 19
RECYCLING FEE UNDER THIS SUBSECTION IS ALLOWED, FOR THE EXPENSE OF 20
ADMINISTERING AND PA YING THE RECYCLING F EE, A CREDIT IN AN AMOUN T NOT 21
MORE THAN 3% OF THE TOTAL AMOUNT OF RECYCLING FEES CO LLECTED UNDER 22
SUBSECTION (E) OF THIS SECTION. 23
(II) THE DEPARTMENT AND THE COMPTROLLER JOINTLY 24
SHALL DETERMINE THE AMOU NT OF THE CREDIT AUT HORIZED UNDER THIS 25
PARAGRAPH . 26
(3) EACH QUARTER , THE COMPTROLLER SHALL DEPOSIT ALL 27
RECYCLING FEES COLLE CTED UNDER THIS SECT ION INTO THE COVERED 28
ELECTRONIC DEVICE RE CYCLING ACCOUNT ESTA BLISHED WITHIN THE STATE 29
RECYCLING TRUST FUND UNDER § 9–1707(F)(7)(I) OF THIS SUBTITLE , LESS THE 30
COST OF ADMINISTRATI ON. 31
16 HOUSE BILL 931
(G) BEGINNING JULY 1, 2028, AND EACH MONTH THERE AFTER AND ON 1
RECEIPT OF ACCURATE AND REASONABLE REIMB URSEMENT REQUESTS AS 2
DETERMINED BY THE DEPARTMENT , THE DEPARTMENT SHALL, WITHIN 45 DAYS 3
AFTER THE DATE THAT THE REIMBURSEMENT RE QUEST IS RECEIVED , DISBURSE 4
FUNDS FROM THE COVER ED ELECTRONIC DEVICE RECYCLING ACCOUNT WI THIN 5
THE STATE RECYCLING TRUST FUND TO: 6
(1) AUTHORIZED RECYCLERS AS REIMBURSEMENT FOR THE COSTS 7
OF RECYCLING, REFURBISHMENT , OR REUSE OF COVERED ELECTRONIC DEVICES I N 8
ACCORDANCE WITH THE PROGRAM, INCLUDING COLLECTION AND 9
TRANSPORTATION SUCH AS THE ADMINIST RATION OF MAILBACK PROGRAMS, 10
CURBSIDE PICKUP PROG RAMS, AND COLLECTION FROM DROP –OFF SITES, AS 11
DETERMINED BY THE DEPARTMENT IN REGULAT ION; AND 12
(2) AUTHORIZED COLLECTORS AS REIMBURSEMENT FOR THE COSTS 13
OF STORAGE, ON–SITE COLLECTION , EQUIPMENT, HEAT AND FIRE DETECT ION AND 14
SUPPRESSION AND EXTINGUISHING SYSTEMS AND EQUIPMEN T, TRANSPORTATION , 15
STAFFING, EDUCATION, AND, IF APPLICABLE, THE ADMINISTRATION O F MAILBACK 16
AND CURBSIDE PICKUP PROGRAMS, AS DETERMINED BY THE DEPARTMENT IN 17
REGULATION . 18
(H) (1) IF AN AUTHORIZED RECY CLER OR AN AUTHORIZE D COLLECTOR 19
RECEIVES REIMBURSEME NT IN ACCORDANCE WIT H SUBSECTION (G) OF THIS 20
SECTION, THE AUTHORIZED RECYC LER AND THE AUTHORIZ ED COLLECTOR : 21
(I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH AND 22
SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , MAY NOT CHARGE A PER SON A 23
FEE FOR DELIVERING OR DROPPING OFF A COVER ED ELECTRONIC DEVICE ON–SITE; 24
AND 25
(II) SHALL, IF APPLICABLE, CHARGE A COVERED ELE CTRONIC 26
DEVICE MANUFACTURER A FEE FOR DELIVERING OR DROPPING OFF A COVER ED 27
ELECTRONIC DEVICE ON –SITE. 28
(2) THE DEPARTMENT MAY AUTHOR IZE AN AUTHORIZED RE CYCLER 29
OR AUTHORIZED COLLEC TOR TO CHARGE A PERSON A FE E FOR DROPPING OFF A 30
COVERED ELECTRONIC D EVICE IF THE AUTHORI ZED RECYCLER OR AUTH ORIZED 31
COLLECTOR SUBMITS A WAIVER JUSTIFYING TH E NEED TO CHARGE THE FEE. 32
9–1728.4. 33
(A) THERE IS A COVERED EL ECTRONIC DEVICE ADVI SORY COUNCIL . 34
HOUSE BILL 931 17
(B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO ADVISE THE 1
DEPARTMENT ON THE IMP LEMENTATION AND THE ADMINISTRATI ON OF THE 2
COVERED ELECTRONIC DEVICE RECYCLING PROGRAM ESTABLISHED U NDER § 3
9–1728.3 OF THIS SUBTITLE. 4
(C) THE ADVISORY COUNCIL CONSISTS OF THE FOLL OWING MEMBERS : 5
(1) ONE MEMBER OF THE SENATE OF MARYLAND, OR THE MEMBER ’S 6
DESIGNEE, APPOINTED BY THE PRESIDENT OF THE SENATE; 7
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, OR THE MEMBER ’S 8
DESIGNEE, APPOINTED BY THE SPEAKER OF THE HOUSE; 9
(3) THE COMPTROLLER , OR THE COMPTROLLER ’S DESIGNEE; 10
(4) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; AND 11
(5) THE FOLLOWING MEMBERS , APPOINTED BY THE SECRETARY: 12
(I) ONE REPRESENTATIVE OF TH E MARYLAND ASSOCIATION 13
OF COUNTIES; 14
(II) ONE REPRESENTATIVE OF THE MARYLAND MUNICIPAL 15
LEAGUE; 16
(III) ONE REPRESENTATIVE OF COVERED ELECTRONIC D EVICE 17
RECYCLERS IN THE STATE; 18
(IV) ONE REPRESENTATIVE OF COVERED ELECTRONIC D EVICE 19
MANUFACTURERS IN THE STATE; 20
(V) ONE REPRESENTATIVE OF ELECTRONIC S RETAILERS IN 21
THE STATE; 22
(VI) ONE REPRESENTATIVE OF THE MARYLAND 23
ENVIRONMENTAL SERVICE; 24
(VII) ONE REPRESENTATIVE OF THE NORTHEAST MARYLAND 25
WASTE DISPOSAL AUTHORITY; 26
(VIII) ONE REPRESENTATIVE OF A NONPROFIT ENVIRONM ENTAL 27
ADVOCACY ORGANIZATIO N THAT HAS EXPERIENC E WITH EXTENDED PROD UCER 28
RESPONSIBILITY LAWS ; 29 18 HOUSE BILL 931
(IX) ONE REPRESENTATIVE OF THE MARYLAND RECYCLING 1
NETWORK; AND 2
(X) ANY OTHER MEMBER AS D ETERMINED BY THE SECRETARY. 3
(D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY 4
SHALL DESIGNATE TWO MEMBERS TO SERVE AS COCHAIRS OF THE ADVISORY 5
COUNCIL. 6
(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE AD VISORY 7
COUNCIL. 8
(F) A MEMBER OF THE ADVISO RY COUNCIL: 9
(1) MAY NOT RECEIVE COMPENSA TION AS A MEMBER OF THE 10
ADVISORY COUNCIL ; BUT 11
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES : 12
(I) UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS 13
PROVIDED IN THE STATE BUDGET ; AND 14
(II) FROM THE COVERED ELECTRON IC DEVICE MANUF ACTURER 15
REGISTRATION FEE ACC OUNT IN THE STATE RECYCLING TRUST FUND. 16
(G) THE ADVISORY COUNCIL SHALL MEET AT THE RE QUEST OF THE 17
SECRETARY. 18
(H) THE ADVISORY COUNCIL SHALL STUDY AND MAKE RECOMMENDATIONS 19
REGARDING: 20
(1) CHANGES TO THE DEFINI TION OF “COVERED ELECTRONIC 21
DEVICE”; 22
(2) THE AMOUNT OF : 23
(I) RECYCLING FEES COLLEC TED BY ELECTRONICS RETAILERS 24
EACH YEAR TO ENSURE COSTS BORNE BY AUTHO RIZED COLLECTORS AND 25
AUTHORIZED RECYCLERS ARE COVERED ; AND 26
(II) COVERED ELECTRONIC DE VICE MANUFACTURER 27
REGISTRATION FEES COLLECTED EACH YEAR TO ENSURE ADEQUATE F UNDING FOR 28 HOUSE BILL 931 19
THE DEPARTMENT ’S ADMINISTRATION OF THE COVERED ELECTRONIC DEVICE 1
RECYCLING PROGRAM; 2
(3) REASONABLE CAPS ON : 3
(I) COVERED ELECTRONIC DE VICE RECYCLING PAYME NTS; 4
AND 5
(II) COVERED ELECTRONIC DEVICE RE COVERY FEE PAYMENTS ; 6
(4) STANDARDS TO BE USED BY THE DEPARTMENT IN DEVELOP ING 7
APPLICATION MATERIAL S AND PROCEDURES FOR AUTHORIZED COLLECTOR S AND 8
AUTHORIZED RECYCLERS IN ACCORDANCE WITH § 9–1729(B) OF THIS SUBTITLE; 9
(5) THE CONVENI ENCE AND AVAILABILIT Y OF DROP–OFF SITES FOR 10
COVERED ELECTRONIC D EVICES IN THE STATE, INCLUDING AN EVALUATION OF THE 11
FEASIBILITY AND COST S OF INCREASING PUBLIC ACCESS TO DRO P–OFF SITES, 12
MAILBACK PROGRAMS, AND CURBSIDE PICKUP FOR PURPOSES OF DEVELOPING 13
ADOPTION AND CONVENI ENCE TARGETS FOR EAC H METHOD; 14
(6) THE REUSE, REFURBISHMENT , AND RECYCLABILITY OF COVERED 15
ELECTRONIC DEVICES AND OTHER ELECTRONIC DEVICES UNDER CONSID ERATION 16
TO BE COVERED ELECTR ONIC DEVICES; AND 17
(7) ANY OTHER RELATED TOP ICS IF RE QUESTED BY THE 18
DEPARTMENT . 19
(I) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 20
BEFORE DECEMBER 1, 2026, AND EACH DECEMBER 1 THEREAFTER , THE ADVISORY 21
COUNCIL SHALL REPORT ITS FINDINGS AND REC OMMENDATIONS TO THE 22
DEPARTMENT . 23
(2) (I) RECOMMENDATIONS SUBMI TTED UNDER THIS SUBS ECTION 24
MAY NOT BE REQUIRED TO BE CONSENSUS RECO MMENDATIONS . 25
(II) IF MULTIPLE RECOMMEND ATIONS ARE SUBMITTED UNDER 26
THIS SUBSECTION , EACH RECOMMENDATION SHALL INDICATE EACH MEMBER IN 27
FAVOR OF THE RECOMME NDATION. 28
9–1729. 29
(A) The Department may adopt regulations necessary to implement AND 30
ADMINISTER the provisions of this subtitle[, including the required components of a 31
covered electronic device takeback program]. 32 20 HOUSE BILL 931
(B) REGULATIONS ADOPTED T O IMPLEMENT AND ADMINI STER THE 1
COVERED ELECTRONIC DEVICE RECYCLING PROGRAM IN ACCORDANCE WITH § 2
9–1728.3 OF THIS SUBTITLE SHALL ESTABLISH APPL ICATION MATERIALS AN D 3
PROCEDURES FOR AUTHO RIZED COLLECTORS AND AUTHORIZED RECYCLERS . 4
9–1730. 5
(a) The provisions and penalties of § 9–342 of this title shall be used and shall 6
apply to enforce violations of this part. 7
(b) (1) In addition to any other penalty provided by law, the Department may 8
assess against any ELECTRONICS retailer that violates [§ 9–1728.1(b)] § 9–1728.1 of this 9
[part] SUBTITLE a fine up to $1,000 for each violation, but not exceeding $10,000 total. 10
(2) A fine under paragraph (1) of this subsection may be assessed only after 11
the ELECTRONICS retailer that committed the violation has been issued three warnings 12
regarding the violation. 13
(3) Each day on which a violation occurs or continues is a separate violation 14
under this subsection. 15
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 16
2025, the Department of the Environment shall notify manufacturers of covered electronic 17
devices of the Covered Electronic Device Recycling Program as enacted by Section 1 of this 18
Act. 19
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2025. 21