Maryland 2025 Regular Session

Maryland House Bill HB931 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0931*
66
77 HOUSE BILL 931
88 M3 5lr2270
99 CF SB 591
1010 By: Delegate Stein
1111 Introduced and read first time: January 31, 2025
1212 Assigned to: Environment and Transportation
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Environment – Covered Electronic Device Recycling Program – Establishment 2
1919 (Electronics Recycling Health and Safety Modernization Act) 3
2020
2121 FOR the purpose of altering the contents and use of the State Recycling Trust Fund; 4
2222 establishing a separate covered electronic device recycling account and a separate 5
2323 covered electronic device manufacturer registration fee account within the Fund; 6
2424 repealing certain provisions of law relating to existing covered electronic device 7
2525 takeback programs; altering certain provisions of law relating to registration fees for 8
2626 certain manufacturers of covered electronic devices; requiring that a certain 9
2727 manufacturer registration fee be paid into a certain account within the Fund; 10
2828 requiring certain manufacturers to include certain information with certain covered 11
2929 electronic devices in a certain manner; establishing the Covered Electronic Device 12
3030 Recycling Program in the Department of the Environment to facilitate the collection 13
3131 and recycling, refurbishment, or reuse of certain covered electronic devices in the 14
3232 State; requiring a consumer, beginning on a certain date, to pay a certain recycling 15
3333 fee with the purchase of a new covered electronic device; requiring certain retailers, 16
3434 beginning on a certain date, to remit the recycling fee to the Comptroller in a certain 17
3535 manner; requiring the Department, beginning on a certain date, to disburse certain 18
3636 funds to authorized collectors and authorized recyclers in a certain manner; 19
3737 prohibiting an authorized collector or authorized recycler from charging a person a 20
3838 certain fee, subject to certain exceptions; establishing the covered electronic device 21
3939 advisory council to advise the Department on the implementation and the 22
4040 administration of the Program; requiring that certain regulations adopted by the 23
4141 Department establish certain application materials and procedures for authorized 24
4242 collectors and authorized recyclers; requiring the Department to notify certain 25
4343 manufacturers of covered electronic devices of certain information on or before a 26
4444 certain date; and generally relating to the recycling of covered electronic devices in 27
4545 the State. 28
4646
4747 BY repealing and reenacting, with amendments, 29
4848 Article – Environment 30 2 HOUSE BILL 931
4949
5050
5151 Section 9–1701, 9–1707(f), 9–1727, 9–1728, 9–1728.1, 9–1728.2, 9–1729, and 9–1730 1
5252 Annotated Code of Maryland 2
5353 (2014 Replacement Volume and 2024 Supplement) 3
5454
5555 BY adding to 4
5656 Article – Environment 5
5757 Section 9–1728.3 and 9–1728.4 6
5858 Annotated Code of Maryland 7
5959 (2014 Replacement Volume and 2024 Supplement) 8
6060
6161 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
6262 That the Laws of Maryland read as follows: 10
6363
6464 Article – Environment 11
6565
6666 9–1701. 12
6767
6868 (a) In this subtitle the following words have the meanings indicated. 13
6969
7070 (b) “Anaerobic digestion” means the controlled anaerobic biological decomposition 14
7171 of organic waste material to produce biogas and digestate. 15
7272
7373 (b–1) (1) “Architectural paint” means interior and exterior architectural coatings 16
7474 sold in containers of 5 gallons or less. 17
7575
7676 (2) “Architectural paint” does not include industrial coatings, original 18
7777 equipment coatings, or specialty coatings. 19
7878
7979 (B–2) (1) “AUTHORIZED COLLECTOR ” MEANS AN ENTITY THAT IS 20
8080 AUTHORIZED BY THE DEPARTMENT TO ACCEPT OR COLLECT ALL MAKES AND 21
8181 MODELS OF COVERED ELECTRONIC D EVICES TO BE RECYCLE D, REFURBISHED, OR 22
8282 REUSED. 23
8383
8484 (2) “AUTHORIZED COLLECTOR ” INCLUDES: 24
8585
8686 (I) LOCAL GOVERNMENTS ; 25
8787
8888 (II) NONPROFIT ORGANIZATIO NS; 26
8989
9090 (III) ELECTRONICS RETAILERS ; 27
9191
9292 (IV) A PERSON AUTHORIZED BY A COUNTY, MUNICIPALITY, OR 28
9393 DISTRICT TO COLLECT COVERED ELECTRONIC D EVICES UNDER THE TERMS OF A 29
9494 CONTRACT, LICENSE, PERMIT, OR OTHER WRITTEN AUT HORIZATION; AND 30
9595 HOUSE BILL 931 3
9696
9797
9898 (V) A MANUFACTURER THAT IS AN ELECTRONICS RETAI LER: 1
9999
100100 1. WITH THEIR OWN PHYSIC AL COVERED ELECTRONI C 2
101101 DEVICE TAKEBACK LOCA TION IN THE STATE; AND 3
102102
103103 2. THAT ACCEPTS AND COLLECTS ALL MAK ES AND 4
104104 MODELS OF COVERED EL ECTRONIC DEVICES FRO M THE PUBLIC AT NO C OST. 5
105105
106106 (3) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 6
107107 “AUTHORIZED COLLECTOR ” DOES NOT INCLUDE A M ANUFACTURER . 7
108108
109109 (B–3) (1) “AUTHORIZED RECYCLER ” MEANS: 8
110110
111111 (I) A PERSON THAT : 9
112112
113113 1. ENGAGES IN THE MANUAL OR MECHANICAL 10
114114 REFURBISHMENT OR SEP ARATION OF ALL MAKES AND MODELS OF COVERED 11
115115 ELECTRONIC DEVICES I N ORDER TO RECOVER : 12
116116
117117 A. THE ENTIRE DEVICE FOR THE PURPOSE OF REUSE ; OR 13
118118
119119 B. COMPONENTS OR COMMODI TIES FROM THE DEVICES 14
120120 FOR THE PURPOSE OF R ECYCLING; OR 15
121121
122122 2. A. CHANGES THE PHYSICAL OR CHEMICAL 16
123123 COMPOSITION OF A COV ERED ELECTRONIC DEVI CE BY DECONSTRUCTING , 17
124124 REDUCING IN SIZE , CRUSHING, CUTTING, SAWING, COMPACTING , SHREDDING, OR 18
125125 REFINING IN ORDER TO SEGREGATE COMPONENTS FOR TH E PURPOSE OF 19
126126 RECYCLING THE COMPON ENTS; AND 20
127127
128128 B. ARRANGES FOR THE TRAN SPORT OF SEGREGATED 21
129129 COMPONENTS TO AN END USER; OR 22
130130
131131 (II) AN ELECTRONICS RETAILER THAT IS AUT HORIZED BY THE 23
132132 DEPARTMENT TO COLLECT , REFURBISH, REUSE, OR RECYCLE A C OVERED 24
133133 ELECTRONIC DEVICE IN ACCORDANCE WITH THE COVERED ELECTRONIC DEVICE 25
134134 RECYCLING PROGRAM ESTABLISHED UNDER § 9–1728.3 OF THIS SUBTITLE. 26
135135
136136 (2) “AUTHORIZED RECYCLER ” DOES NOT INCLUDE A 27
137137 MANUFACTURER . 28
138138
139139 (c) “Compost” means the product of composting in accordance with the standards 29
140140 established by the Secretary of Agriculture under § 6–221 of the Agriculture Article. 30
141141 4 HOUSE BILL 931
142142
143143
144144 (d) “Composting” means the controlled aerobic biological decomposition of organic 1
145145 waste material in accordance with the standards established by the Secretary under this 2
146146 title. 3
147147
148148 (e) (1) “Composting facility” means a facility where composting takes place. 4
149149
150150 (2) “Composting facility” does not include a facility that is required to 5
151151 obtain: 6
152152
153153 (i) A natural wood waste recycling facility permit in accordance with 7
154154 this title; 8
155155
156156 (ii) A sewage sludge utilization permit in accordance with this title; 9
157157 or 10
158158
159159 (iii) A refuse disposal permit in accordance with this title. 11
160160
161161 (f) (1) “Computer” means a desktop personal computer or laptop computer, 12
162162 including the computer monitor. 13
163163
164164 (2) “Computer” does not include: 14
165165
166166 (i) A personal digital assistant device; or 15
167167
168168 (ii) A computer peripheral device, including: 16
169169
170170 1. A mouse or other similar pointing device; 17
171171
172172 2. A printer; or 18
173173
174174 3. A detachable keyboard. 19
175175
176176 (g) (1) “Covered electronic device” means a [computer or video display] TIER 20
177177 I OR A TIER II COVERED ELECTRONIC device [with a screen that is greater than 4 inches 21
178178 measured diagonally] OR OTHER TIER OF COVERED ELEC TRONIC DEVICE IF 22
179179 ESTABLISHED BY THE DEPARTMENT IN REGULAT ION. 23
180180
181181 (2) “Covered electronic device” does not include a video display OR OTHER 24
182182 ELECTRONIC device that is part of a motor vehicle or that is contained within a household 25
183183 appliance, INCLUDING WHITE GOOD S, or commercial, industrial, or medical equipment. 26
184184
185185 (h) [“Covered electronic device takeback program” means a program, established 27
186186 by a covered electronic device manufacturer or a group of covered electronic device 28
187187 manufacturers, for the collection and recycling, refurbishing, or reuse of a covered 29
188188 electronic device labeled with the name of the manufacturer or the manufacturer’s brand 30
189189 label, including: 31 HOUSE BILL 931 5
190190
191191
192192
193193 (1) Providing, at no cost to the returner, a method of returning a covered 1
194194 electronic device to the manufacturer, including postage paid mailing packages or 2
195195 designated collection points throughout the State; 3
196196
197197 (2) Contracting with a recycler, local government, other manufacturer, or 4
198198 any other person; or 5
199199
200200 (3) Any other program approved by the Department. 6
201201
202202 (i)] “Director” means the Director of the Office of Recycling. 7
203203
204204 [(i–1)] (I) “Distributor” means a company that has a contractual relationship with 8
205205 one or more producers to market and sell architectural paint to retailers in the State. 9
206206
207207 (I–1) “ELECTRONICS RETAILER ” MEANS ANY PERSON THA T SELLS A 10
208208 COVERED ELECTRONIC D EVICE DIRECTLY TO A CONSUMER . 11
209209
210210 (i–2) “Food residuals” means material derived from the processing or discarding of 12
211211 food, including pre– and post–consumer vegetables, fruits, grains, dairy products, and 13
212212 meats. 14
213213
214214 (j) “Manufacturer” means a person that is the brand owner of a covered electronic 15
215215 device sold or offered for sale in the State, by any means, including transactions conducted 16
216216 through sales outlets, catalogs, or the Internet. 17
217217
218218 (k) (1) “Natural wood waste” means tree and other natural vegetative refuse. 18
219219
220220 (2) “Natural wood waste” includes tree stumps, brush and limbs, root mats, 19
221221 logs, and other natural vegetative material. 20
222222
223223 (l) (1) “Natural wood waste recycling facility” means a facility where recycling 21
224224 services for natural wood waste are provided. 22
225225
226226 (2) “Natural wood waste recycling facility” does not include a collection or 23
227227 processing facility operated by: 24
228228
229229 (i) A nonprofit or governmental organization located in the State; or 25
230230
231231 (ii) A single individual or business that provides recycling services 26
232232 for its own employees or for its own recyclable materials generated on its own premises. 27
233233
234234 (m) “Office” means the Office of Recycling within the Department. 28
235235
236236 (n) (1) “Organics recycling” means any process in which organic materials or 29
237237 compostable packaging materials are collected, separated, or processed and returned to the 30
238238 marketplace in the form of raw materials or products. 31 6 HOUSE BILL 931
239239
240240
241241
242242 (2) “Organics recycling” includes anaerobic digestion and composting. 1
243243
244244 (o) “Organics recycling facility” means a facility where organics recycling takes 2
245245 place. 3
246246
247247 (o–1) “Paint stewardship assessment” means the amount added to the purchase 4
248248 price of architectural paint sold in the State that is necessary to cover the Paint 5
249249 Stewardship Program’s cost of collecting, transporting, and processing postconsumer paint 6
250250 statewide. 7
251251
252252 (o–2) “Postconsumer paint” means architectural paint not used and no longer 8
253253 wanted by a purchaser. 9
254254
255255 (o–3) “Producer” means a manufacturer of architectural paint that sells, offers for 10
256256 sale, or distributes the paint in the State under the producer’s own name or brand. 11
257257
258258 (p) (1) “Recyclable materials” means those materials that: 12
259259
260260 (i) Would otherwise become solid waste for disposal in a refuse 13
261261 disposal system; and 14
262262
263263 (ii) May be collected, separated, composted, or processed and 15
264264 returned to the marketplace in the form of raw materials or products. 16
265265
266266 (2) “Recyclable materials” does not include incinerator ash. 17
267267
268268 (q) “Recycling” means any process in which recyclable materials are collected, 18
269269 separated, or processed and returned to the marketplace in the form of raw materials or 19
270270 products. 20
271271
272272 (r) “Recycling services” means the services provided by persons engaged in the 21
273273 business of recycling, including the collection, processing, storage, purchase, sale, or 22
274274 disposition of recyclable materials. 23
275275
276276 (r–1) “Refuse disposal system” has the meaning stated in § 9–201 of this title. 24
277277
278278 (r–2) “Representative organization” means a nonprofit organization created by 25
279279 producers to implement a Paint Stewardship Program. 26
280280
281281 (r–3) “Retailer” means any person that offers architectural paint for sale at retail 27
282282 in the State. 28
283283
284284 (r–4) “Sale” or “sell” means any transfer of title for consideration, including remote 29
285285 sales conducted through sales outlets, catalogues, the Internet, or any other similar 30
286286 electronic means. 31
287287 HOUSE BILL 931 7
288288
289289
290290 (s) (1) “Solid waste stream” means garbage or refuse that would, unless 1
291291 recycled, be disposed of in a refuse disposal system. 2
292292
293293 (2) “Solid waste stream” includes organic material capable of being 3
294294 composted that is not composted in accordance with regulations adopted under § 9–1725(b) 4
295295 of this subtitle. 5
296296
297297 (3) “Solid waste stream” does not include: 6
298298
299299 (i) Hospital waste; 7
300300
301301 (ii) Rubble; 8
302302
303303 (iii) Scrap material; 9
304304
305305 (iv) Land clearing debris; 10
306306
307307 (v) Sewage sludge; or 11
308308
309309 (vi) Waste generated by a single individual or business and disposed 12
310310 of in a facility dedicated solely for that entity’s waste. 13
311311
312312 (T) “TIER I COVERED ELECTRONIC D EVICE” MEANS A COMPUTER MONITOR, 14
313313 TELEVISION, OR VIDEO DISPLAY DEV ICE THAT IS NOT OTHERWIS E SPECIFIED AS A 15
314314 TIER II COVERED ELECTRONIC D EVICE. 16
315315
316316 (U) “TIER II COVERED ELECTRONIC D EVICE” MEANS: 17
317317
318318 (1) A LAPTOP COMPUTER ; 18
319319
320320 (2) A PERSONAL DIGITAL ASS ISTANT, NOTEBOOK, READER, OR 19
321321 TABLET DEVICE; 20
322322
323323 (3) A CELL PHONE; 21
324324
325325 (4) A CENTRAL PROCESSING U NIT OF A COMPUTER ; 22
326326
327327 (5) A PRINTER; 23
328328
329329 (6) A SCANNER; 24
330330
331331 (7) A FACSIMILE MACHINE ; 25
332332
333333 (8) A COPIER; AND 26
334334 8 HOUSE BILL 931
335335
336336
337337 (9) ANY OTHER COMPUTER OR ELECTRONIC DEVICE OR ACCESSORY 1
338338 THAT HAS A PLUG OR B ATTERY THAT IS DESIGNATED A S A TIER II COVERED 2
339339 ELECTRONIC DEVICE BY THE DEPARTMENT . 3
340340
341341 [(t)] (V) (1) “Video display device” means an electronic device with an output 4
342342 surface that displays or is capable of displaying moving graphical images or visual 5
343343 representations of image sequences or pictures that show a number of quickly changing 6
344344 images on a screen to create the illusion of motion. 7
345345
346346 (2) “Video display device” includes a device that is an integral part of the 8
347347 display and cannot easily be removed from the display by the consumer and that produces 9
348348 the moving image on the screen. 10
349349
350350 (3) A video display device may use a cathode–ray tube (CRT), liquid crystal 11
351351 display (LCD), gas plasma, digital light processing, or other image–projection technology. 12
352352
353353 [(u)] (W) “White goods” includes: 13
354354
355355 (1) Refrigerators; 14
356356
357357 (2) Stoves; 15
358358
359359 (3) Washing machines; 16
360360
361361 (4) Dryers; 17
362362
363363 (5) Water heaters; [and] 18
364364
365365 (6) Air conditioners; AND 19
366366
367367 (7) ANY OTHER APPLIANCES DESIGNATED BY THE DEPARTMENT IN 20
368368 REGULATION. 21
369369
370370 [(v)] (X) (1) “Yard waste” means organic plant waste derived from gardening, 22
371371 landscaping, and tree trimming activities. 23
372372
373373 (2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and 24
374374 prunings. 25
375375
376376 9–1707. 26
377377
378378 (f) (1) There is a State Recycling Trust Fund. 27
379379
380380 (2) The Fund shall consist of: 28
381381
382382 (i) The newsprint recycling incentive fee; 29 HOUSE BILL 931 9
383383
384384
385385
386386 (ii) The telephone directory recycling incentive fee collected under § 1
387387 9–1709 of this subtitle; 2
388388
389389 (iii) [The covered electronic device manufacturer registration fee 3
390390 collected under § 9–1728 of this subtitle; 4
391391
392392 (iv)] The Paint Stewardship Program plan and annual report review 5
393393 fees collected under § 9–1733(b) and (h) of this subtitle; 6
394394
395395 [(v)] (IV) All fines and penalties collected under this subtitle; 7
396396
397397 [(vi)] (V) Money appropriated in the State budget to the Fund; and 8
398398
399399 [(vii)] (VI) Any other money from any other source accepted for the 9
400400 benefit of the Fund. 10
401401
402402 (3) The Secretary shall administer the Fund. 11
403403
404404 (4) The Treasurer shall hold the Fund separately and the Comptroller shall 12
405405 account for the Fund. 13
406406
407407 (5) At the end of each fiscal year, any unspent or unencumbered balance in 14
408408 the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 15
409409 accordance with § 7–302 of the State Finance and Procurement Article. 16
410410
411411 (6) In accordance with the State budget, the Fund shall be used only: 17
412412
413413 (i) To provide grants to the counties to be used by the counties to 18
414414 develop and implement local recycling plans; 19
415415
416416 (ii) [To provide grants to counties that have addressed methods for 20
417417 the separate collection and recycling of covered electronic devices in accordance with § 21
418418 9–1703(c)(1) of this subtitle; 22
419419
420420 (iii) To provide grants to municipalities to be used by the 23
421421 municipalities to implement local covered electronic device recycling programs; 24
422422
423423 (iv)] To cover the costs of the Paint Stewardship Program plan review 25
424424 under § 9–1733(b) of this subtitle, the annual report review under § 9–1733(h) of this 26
425425 subtitle, and associated costs for Program compliance oversight; [and] 27
426426
427427 (III) IN ACCORDANCE WITH PARAGR APH (7) OF THIS 28
428428 SUBSECTION, TO MAKE A DISBURSEME NT TO AN AUTHORIZED COLLECTOR OR AN 29
429429 AUTHORIZED RECYCLER IN ACCORDANCE WITH § 9–1728.3(G) OF THIS SUBTITLE ; 30
430430 AND 31 10 HOUSE BILL 931
431431
432432
433433
434434 [(v)] (IV) To carry out the purposes of the land management 1
435435 administration. 2
436436
437437 (7) (I) 1. THERE SHALL BE A SEPA RATE COVERED ELECTRO NIC 3
438438 DEVICE RECYCLING ACC OUNT WITHIN THE FUND. 4
439439
440440 2. THE ACCOUNT SHALL CON SIST OF ANY FEES 5
441441 COLLECTED FROM ELECTRONICS RETAILERS UNDER § 9–1728.3(E) OF THIS 6
442442 SUBTITLE. 7
443443
444444 3. THE ACCOUNT SHALL BE USED ONLY TO MAKE A 8
445445 DISBURSEMENT TO AN A UTHORIZED RECYCLER O R AN AUTHORIZED COLL ECTOR IN 9
446446 ACCORDANCE WITH § 9–1728.3(G) OF THIS SUBTITLE. 10
447447
448448 (II) 1. THERE SHALL BE A SEPA RATE COVERED ELECTRO NIC 11
449449 DEVICE MANUFACTURER REGISTRATION FEE ACC OUNT WITHIN THE FUND. 12
450450
451451 2. THE ACCOUNT SHALL CON SIST OF THE COVERED 13
452452 ELECTRONIC DEVICE MA NUFACTURER REGISTRAT ION FEE COLLECTED IN 14
453453 ACCORDANCE WITH § 9–1728(C) OF THIS SUBTITLE. 15
454454
455455 3. THE ACCOUNT SHALL BE USED TO: 16
456456
457457 A. FUND THE COVERED ELECTRONIC DEVICE 17
458458 RECYCLING PROGRAM ESTABLISHED U NDER § 9–1728.3 OF THIS SUBTITLE; AND 18
459459
460460 B. REIMBURSE EXPENSES OF MEMBERS OF THE 19
461461 COVERED ELECTRONIC D EVICE ADVISORY COUNC IL UNDER § 9–1728.4 OF THIS 20
462462 SUBTITLE. 21
463463
464464 [(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 22
465465 same manner as other State money may be invested. 23
466466
467467 (ii) Any investment earnings of the Fund shall be credited to the 24
468468 General Fund of the State. 25
469469
470470 9–1727. 26
471471
472472 (a) This section applies to a manufacturer that sells or offers for sale a new 27
473473 covered electronic device in the State. 28
474474
475475 (b) A manufacturer may not sell or offer for sale to any person in the State a new 29
476476 covered electronic device unless: 30
477477 HOUSE BILL 931 11
478478
479479
480480 (1) The covered electronic device is labeled with the name of the 1
481481 manufacturer or the manufacturer’s brand label; and 2
482482
483483 (2) The manufacturer has registered with and[, if applicable,] submitted a 3
484484 registration fee to the Department as provided under this part. 4
485485
486486 9–1728. 5
487487
488488 (a) A covered electronic device manufacturer’s registration shall include: 6
489489
490490 (1) The brand names under which the manufacturer sells or offers for sale 7
491491 covered electronic devices in the State; 8
492492
493493 (2) [Whether the manufacturer has implemented a covered electronic 9
494494 device takeback program; 10
495495
496496 (3) If the manufacturer has implemented a covered electronic device 11
497497 takeback program: 12
498498
499499 (i)] A toll–free number or Web site address that provides 13
500500 [information about the takeback program, including] a detailed description of how a person 14
501501 may return a covered electronic device for recycling, refurbishing, or reuse; [and] 15
502502
503503 [(ii) One year after the implementation of the program and each year 16
504504 thereafter, a report on the implementation of the program during the prior year, including: 17
505505
506506 1. The total weight of the covered electronic devices received 18
507507 by the program from Maryland during the prior year; 19
508508
509509 2. The total number of covered electronic devices from 20
510510 Maryland recycled, refurbished, and reused during the prior year; and 21
511511
512512 3. The processes and methods used to recycle, refurbish, or 22
513513 reuse the covered electronic devices received from Maryland;] 23
514514
515515 [(4)] (3) The total number of covered electronic devices sold in the State 24
516516 in the prior year, including: 25
517517
518518 (i) The types of covered electronic devices sold; and 26
519519
520520 (ii) The brand names under which the covered electronic devices 27
521521 were sold; and 28
522522
523523 [(5)] (4) Any additional information required by the Department in 29
524524 regulation. 30
525525 12 HOUSE BILL 931
526526
527527
528528 (b) The registration shall[: 1
529529
530530 (1) Be] BE submitted to the Department by March 1 of each year[; and 2
531531
532532 (2) If the manufacturer has implemented a covered electronic device 3
533533 takeback program, be updated prior to any significant change in the program]. 4
534534
535535 (c) (1) [The] SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , THE 5
536536 covered electronic device manufacturer registration fee shall be paid by a manufacturer in 6
537537 accordance with this subsection. 7
538538
539539 (2) [For the initial registration by a manufacturer, the] THE registration 8
540540 fee is: 9
541541
542542 (i) $10,000 for a manufacturer that sold at least 1,000 covered 10
543543 electronic devices in the State in the prior year; and 11
544544
545545 (ii) $5,000 for a manufacturer that sold at least 100 but not more 12
546546 than 999 covered electronic devices in the State in the prior year. 13
547547
548548 [(3) For each subsequent annual registration by a manufacturer that did 14
549549 not have an implemented covered electronic device takeback program in the prior year, the 15
550550 registration fee is: 16
551551
552552 (i) 1. On or after March 1, 2013, and before March 1, 2016, 17
553553 $10,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State 18
554554 in the prior year; and 19
555555
556556 2. On or after March 1, 2016, $5,000 for a manufacturer that 20
557557 sold at least 1,000 covered electronic devices in the State in the prior year; and 21
558558
559559 (ii) $5,000 for a manufacturer that sold at least 100 but not more 22
560560 than 999 covered electronic devices in the State in the prior year. 23
561561
562562 (4) For each subsequent annual registration by a manufacturer that had 24
563563 an implemented covered electronic device takeback program in the prior year, the 25
564564 registration fee is $500.] 26
565565
566566 [(5)] (3) There is no registration fee for a manufacturer that sold less than 27
567567 100 covered electronic devices in the State in the prior year. 28
568568
569569 [(6)] (4) The registration fee required under this subsection shall: 29
570570
571571 (i) Be submitted to the Department by March 1 of each year; and 30
572572 HOUSE BILL 931 13
573573
574574
575575 (ii) Be paid into the COVERED ELECTRONIC D EVICE 1
576576 MANUFACTURER REGISTR ATION FEE ACCOUNT WI THIN THE State Recycling Trust 2
577577 Fund. 3
578578
579579 (5) THE DEPARTMENT MAY ADJUST THE COVERED ELECTRON IC 4
580580 DEVICE MANUFACTURER REGISTRATION FEE BY REGULATION . 5
581581
582582 (d) (1) The Department shall: 6
583583
584584 (i) Review the registration submitted under this section; and 7
585585
586586 (ii) If the registration does not meet the requirements of this section 8
587587 and the regulations adopted by the Department under this subtitle, notify the 9
588588 manufacturer of the insufficiency. 10
589589
590590 (2) Within 60 days after receipt of a notice of insufficiency, the 11
591591 manufacturer shall submit a revised registration that addresses the insufficiencies noted 12
592592 by the Department. 13
593593
594594 (e) The Department shall maintain a list of registered covered electronic device 14
595595 manufacturers on its Web site. 15
596596
597597 (f) The sales data submitted in accordance with subsection [(a)(4)] (A)(3) of this 16
598598 section shall be treated as confidential and proprietary, and may not be disclosed except as 17
599599 otherwise required by law. 18
600600
601601 9–1728.1. 19
602602
603603 [(a) In this section, “retailer” means any person that sells a covered electronic 20
604604 device to a consumer. 21
605605
606606 (b)] If a manufacturer is subject to the requirements of §§ 9–1727 and 9–1728 of 22
607607 this [part] SUBTITLE, [a] AN ELECTRONICS retailer may not sell or offer for sale to any 23
608608 person in the State a new covered electronic device manufactured by the manufacturer, 24
609609 unless the manufacturer has complied with the requirements of §§ 9–1727 and 9–1728 of 25
610610 this [part] SUBTITLE. 26
611611
612612 9–1728.2. 27
613613
614614 [(a)] A manufacturer [that has implemented a covered electronic device takeback 28
615615 program] shall include educational and instructional materials relating to the destruction 29
616616 and sanitization of data from a covered electronic device[: 30
617617
618618 (1) With] WITH each new covered electronic device sold or offered for sale 31
619619 in the State[;]: 32
620620 14 HOUSE BILL 931
621621
622622
623623 [(2)] (1) (I) On the manufacturer’s [covered electronic device takeback 1
624624 program Web site] WEBSITE; or 2
625625
626626 [(3)] (II) As information provided through [the manufacturer’s covered 3
627627 electronic device takeback program] A toll–free number; AND 4
628628
629629 (2) IN MULTIPLE LANGUAGES , AS DETERMINED BY THE 5
630630 DEPARTMENT , AND FORMATS TO COMPL Y WITH THE FEDERAL AMERICANS WITH 6
631631 DISABILITIES ACT. 7
632632
633633 [(b) A manufacturer that is participating in a covered electronic device takeback 8
634634 program established by a group of covered electronic device manufacturers shall be 9
635635 considered as having implemented a covered electronic device takeback program under this 10
636636 part.] 11
637637
638638 9–1728.3. 12
639639
640640 (A) IN THIS SECTION , “PROGRAM” MEANS THE COVERED ELECTRONIC 13
641641 DEVICE RECYCLING PROGRAM. 14
642642
643643 (B) (1) THERE IS A COVERED ELECTRONIC DEVICE RECYCLING 15
644644 PROGRAM IN THE DEPARTMENT . 16
645645
646646 (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 17
647647 DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 18
648648
649649 (II) THE DEPARTMENT MAY CONTRA CT WITH A NONPROFIT 19
650650 ORGANIZATION, A B CORPORATION , OR ANY OTHER ENTITY THAT SP ECIALIZES IN 20
651651 THE PRIVATE MANAGEME NT OF ELECTRONICS RE CYCLING SYSTEMS FOR 21
652652 GOVERNMENTAL ENTITIE S TO ADMINISTER THE PROGRAM. 22
653653
654654 (C) THE PURPOSE OF THE PROGRAM IS TO FACILIT ATE THE COLLECTION 23
655655 AND RECYCLING , REFURBISHING , OR REUSE OF COVERED ELECTRONIC DEVICES I N 24
656656 THE STATE. 25
657657
658658 (D) THE PROGRAM SHALL BE FUND ED BY THE COVERED EL ECTRONIC 26
659659 DEVICE MANUFACTURER REGISTRATION FEE ACC OUNT ESTABLISHED WIT HIN THE 27
660660 STATE RECYCLING TRUST FUND UNDER § 9–1707(F)(7)(II) OF THIS SUBTITLE. 28
661661
662662 (E) (1) BEGINNING JULY 1, 2027, A CONSUMER SHALL PAY A RECYCLING 29
663663 FEE WITH THE PURCHAS E OF A NEW COVERED E LECTRONIC DEVICE IN THE STATE. 30
664664
665665 (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 31
666666 RECYCLING FEE REQUIR ED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHAL L BE 32 HOUSE BILL 931 15
667667
668668
669669 IN AN AMOUNT NECESSA RY TO COVER REIMBURS EMENT FOR COSTS UNDE R 1
670670 SUBSECTION (G) OF THIS SECTION. 2
671671
672672 (II) THE DEPARTMENT , IN CONSULTATION WITH THE COVERED 3
673673 ELECTRONIC DEVICE AD VISORY COUNCIL ESTAB LISHED UNDER § 9–1728.4 OF THIS 4
674674 SUBTITLE, MAY BY REGULATION : 5
675675
676676 1. DETERMINE REASONABLE RECYCLING FEES 6
677677 REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION ; 7
678678
679679 2. AMEND OR EXPAND : 8
680680
681681 A. EXISTING TIERS OF COVERED ELE CTRONIC DEVICES ; 9
682682 AND 10
683683
684684 B. THE DEFINITION OF “WHITE GOODS ” AS DEFINED IN § 11
685685 9–1701 OF THIS SUBTITLE ; AND 12
686686
687687 3. ESTABLISH ADDITIONAL TIERS OF COVERED 13
688688 ELECTRONIC DEVICES . 14
689689
690690 (F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 15
691691 AND BEGINNING AUGUST 1, 2027, AND EACH MONTH THERE AFTER, AN 16
692692 ELECTRONICS RETAILER SHALL REMIT THE RECYCLING FEE COLLECTED DURING 17
693693 THE IMMEDIATELY PREC EDING MONTH TO THE COMPTROLLER . 18
694694
695695 (2) (I) AN ELECTRONICS RETAILER THAT TIMELY SUBMITS THE 19
696696 RECYCLING FEE UNDER THIS SUBSECTION IS ALLOWED, FOR THE EXPENSE OF 20
697697 ADMINISTERING AND PA YING THE RECYCLING F EE, A CREDIT IN AN AMOUN T NOT 21
698698 MORE THAN 3% OF THE TOTAL AMOUNT OF RECYCLING FEES CO LLECTED UNDER 22
699699 SUBSECTION (E) OF THIS SECTION. 23
700700
701701 (II) THE DEPARTMENT AND THE COMPTROLLER JOINTLY 24
702702 SHALL DETERMINE THE AMOU NT OF THE CREDIT AUT HORIZED UNDER THIS 25
703703 PARAGRAPH . 26
704704
705705 (3) EACH QUARTER , THE COMPTROLLER SHALL DEPOSIT ALL 27
706706 RECYCLING FEES COLLE CTED UNDER THIS SECT ION INTO THE COVERED 28
707707 ELECTRONIC DEVICE RE CYCLING ACCOUNT ESTA BLISHED WITHIN THE STATE 29
708708 RECYCLING TRUST FUND UNDER § 9–1707(F)(7)(I) OF THIS SUBTITLE , LESS THE 30
709709 COST OF ADMINISTRATI ON. 31
710710 16 HOUSE BILL 931
711711
712712
713713 (G) BEGINNING JULY 1, 2028, AND EACH MONTH THERE AFTER AND ON 1
714714 RECEIPT OF ACCURATE AND REASONABLE REIMB URSEMENT REQUESTS AS 2
715715 DETERMINED BY THE DEPARTMENT , THE DEPARTMENT SHALL, WITHIN 45 DAYS 3
716716 AFTER THE DATE THAT THE REIMBURSEMENT RE QUEST IS RECEIVED , DISBURSE 4
717717 FUNDS FROM THE COVER ED ELECTRONIC DEVICE RECYCLING ACCOUNT WI THIN 5
718718 THE STATE RECYCLING TRUST FUND TO: 6
719719
720720 (1) AUTHORIZED RECYCLERS AS REIMBURSEMENT FOR THE COSTS 7
721721 OF RECYCLING, REFURBISHMENT , OR REUSE OF COVERED ELECTRONIC DEVICES I N 8
722722 ACCORDANCE WITH THE PROGRAM, INCLUDING COLLECTION AND 9
723723 TRANSPORTATION SUCH AS THE ADMINIST RATION OF MAILBACK PROGRAMS, 10
724724 CURBSIDE PICKUP PROG RAMS, AND COLLECTION FROM DROP –OFF SITES, AS 11
725725 DETERMINED BY THE DEPARTMENT IN REGULAT ION; AND 12
726726
727727 (2) AUTHORIZED COLLECTORS AS REIMBURSEMENT FOR THE COSTS 13
728728 OF STORAGE, ON–SITE COLLECTION , EQUIPMENT, HEAT AND FIRE DETECT ION AND 14
729729 SUPPRESSION AND EXTINGUISHING SYSTEMS AND EQUIPMEN T, TRANSPORTATION , 15
730730 STAFFING, EDUCATION, AND, IF APPLICABLE, THE ADMINISTRATION O F MAILBACK 16
731731 AND CURBSIDE PICKUP PROGRAMS, AS DETERMINED BY THE DEPARTMENT IN 17
732732 REGULATION . 18
733733
734734 (H) (1) IF AN AUTHORIZED RECY CLER OR AN AUTHORIZE D COLLECTOR 19
735735 RECEIVES REIMBURSEME NT IN ACCORDANCE WIT H SUBSECTION (G) OF THIS 20
736736 SECTION, THE AUTHORIZED RECYC LER AND THE AUTHORIZ ED COLLECTOR : 21
737737
738738 (I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH AND 22
739739 SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , MAY NOT CHARGE A PER SON A 23
740740 FEE FOR DELIVERING OR DROPPING OFF A COVER ED ELECTRONIC DEVICE ON–SITE; 24
741741 AND 25
742742
743743 (II) SHALL, IF APPLICABLE, CHARGE A COVERED ELE CTRONIC 26
744744 DEVICE MANUFACTURER A FEE FOR DELIVERING OR DROPPING OFF A COVER ED 27
745745 ELECTRONIC DEVICE ON –SITE. 28
746746
747747 (2) THE DEPARTMENT MAY AUTHOR IZE AN AUTHORIZED RE CYCLER 29
748748 OR AUTHORIZED COLLEC TOR TO CHARGE A PERSON A FE E FOR DROPPING OFF A 30
749749 COVERED ELECTRONIC D EVICE IF THE AUTHORI ZED RECYCLER OR AUTH ORIZED 31
750750 COLLECTOR SUBMITS A WAIVER JUSTIFYING TH E NEED TO CHARGE THE FEE. 32
751751
752752 9–1728.4. 33
753753
754754 (A) THERE IS A COVERED EL ECTRONIC DEVICE ADVI SORY COUNCIL . 34
755755 HOUSE BILL 931 17
756756
757757
758758 (B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO ADVISE THE 1
759759 DEPARTMENT ON THE IMP LEMENTATION AND THE ADMINISTRATI ON OF THE 2
760760 COVERED ELECTRONIC DEVICE RECYCLING PROGRAM ESTABLISHED U NDER § 3
761761 9–1728.3 OF THIS SUBTITLE. 4
762762
763763 (C) THE ADVISORY COUNCIL CONSISTS OF THE FOLL OWING MEMBERS : 5
764764
765765 (1) ONE MEMBER OF THE SENATE OF MARYLAND, OR THE MEMBER ’S 6
766766 DESIGNEE, APPOINTED BY THE PRESIDENT OF THE SENATE; 7
767767
768768 (2) ONE MEMBER OF THE HOUSE OF DELEGATES, OR THE MEMBER ’S 8
769769 DESIGNEE, APPOINTED BY THE SPEAKER OF THE HOUSE; 9
770770
771771 (3) THE COMPTROLLER , OR THE COMPTROLLER ’S DESIGNEE; 10
772772
773773 (4) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; AND 11
774774
775775 (5) THE FOLLOWING MEMBERS , APPOINTED BY THE SECRETARY: 12
776776
777777 (I) ONE REPRESENTATIVE OF TH E MARYLAND ASSOCIATION 13
778778 OF COUNTIES; 14
779779
780780 (II) ONE REPRESENTATIVE OF THE MARYLAND MUNICIPAL 15
781781 LEAGUE; 16
782782
783783 (III) ONE REPRESENTATIVE OF COVERED ELECTRONIC D EVICE 17
784784 RECYCLERS IN THE STATE; 18
785785
786786 (IV) ONE REPRESENTATIVE OF COVERED ELECTRONIC D EVICE 19
787787 MANUFACTURERS IN THE STATE; 20
788788
789789 (V) ONE REPRESENTATIVE OF ELECTRONIC S RETAILERS IN 21
790790 THE STATE; 22
791791
792792 (VI) ONE REPRESENTATIVE OF THE MARYLAND 23
793793 ENVIRONMENTAL SERVICE; 24
794794
795795 (VII) ONE REPRESENTATIVE OF THE NORTHEAST MARYLAND 25
796796 WASTE DISPOSAL AUTHORITY; 26
797797
798798 (VIII) ONE REPRESENTATIVE OF A NONPROFIT ENVIRONM ENTAL 27
799799 ADVOCACY ORGANIZATIO N THAT HAS EXPERIENC E WITH EXTENDED PROD UCER 28
800800 RESPONSIBILITY LAWS ; 29 18 HOUSE BILL 931
801801
802802
803803
804804 (IX) ONE REPRESENTATIVE OF THE MARYLAND RECYCLING 1
805805 NETWORK; AND 2
806806
807807 (X) ANY OTHER MEMBER AS D ETERMINED BY THE SECRETARY. 3
808808
809809 (D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY 4
810810 SHALL DESIGNATE TWO MEMBERS TO SERVE AS COCHAIRS OF THE ADVISORY 5
811811 COUNCIL. 6
812812
813813 (E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE AD VISORY 7
814814 COUNCIL. 8
815815
816816 (F) A MEMBER OF THE ADVISO RY COUNCIL: 9
817817
818818 (1) MAY NOT RECEIVE COMPENSA TION AS A MEMBER OF THE 10
819819 ADVISORY COUNCIL ; BUT 11
820820
821821 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES : 12
822822
823823 (I) UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS 13
824824 PROVIDED IN THE STATE BUDGET ; AND 14
825825
826826 (II) FROM THE COVERED ELECTRON IC DEVICE MANUF ACTURER 15
827827 REGISTRATION FEE ACC OUNT IN THE STATE RECYCLING TRUST FUND. 16
828828
829829 (G) THE ADVISORY COUNCIL SHALL MEET AT THE RE QUEST OF THE 17
830830 SECRETARY. 18
831831
832832 (H) THE ADVISORY COUNCIL SHALL STUDY AND MAKE RECOMMENDATIONS 19
833833 REGARDING: 20
834834
835835 (1) CHANGES TO THE DEFINI TION OF “COVERED ELECTRONIC 21
836836 DEVICE”; 22
837837
838838 (2) THE AMOUNT OF : 23
839839
840840 (I) RECYCLING FEES COLLEC TED BY ELECTRONICS RETAILERS 24
841841 EACH YEAR TO ENSURE COSTS BORNE BY AUTHO RIZED COLLECTORS AND 25
842842 AUTHORIZED RECYCLERS ARE COVERED ; AND 26
843843
844844 (II) COVERED ELECTRONIC DE VICE MANUFACTURER 27
845845 REGISTRATION FEES COLLECTED EACH YEAR TO ENSURE ADEQUATE F UNDING FOR 28 HOUSE BILL 931 19
846846
847847
848848 THE DEPARTMENT ’S ADMINISTRATION OF THE COVERED ELECTRONIC DEVICE 1
849849 RECYCLING PROGRAM; 2
850850
851851 (3) REASONABLE CAPS ON : 3
852852
853853 (I) COVERED ELECTRONIC DE VICE RECYCLING PAYME NTS; 4
854854 AND 5
855855
856856 (II) COVERED ELECTRONIC DEVICE RE COVERY FEE PAYMENTS ; 6
857857
858858 (4) STANDARDS TO BE USED BY THE DEPARTMENT IN DEVELOP ING 7
859859 APPLICATION MATERIAL S AND PROCEDURES FOR AUTHORIZED COLLECTOR S AND 8
860860 AUTHORIZED RECYCLERS IN ACCORDANCE WITH § 9–1729(B) OF THIS SUBTITLE; 9
861861
862862 (5) THE CONVENI ENCE AND AVAILABILIT Y OF DROP–OFF SITES FOR 10
863863 COVERED ELECTRONIC D EVICES IN THE STATE, INCLUDING AN EVALUATION OF THE 11
864864 FEASIBILITY AND COST S OF INCREASING PUBLIC ACCESS TO DRO P–OFF SITES, 12
865865 MAILBACK PROGRAMS, AND CURBSIDE PICKUP FOR PURPOSES OF DEVELOPING 13
866866 ADOPTION AND CONVENI ENCE TARGETS FOR EAC H METHOD; 14
867867
868868 (6) THE REUSE, REFURBISHMENT , AND RECYCLABILITY OF COVERED 15
869869 ELECTRONIC DEVICES AND OTHER ELECTRONIC DEVICES UNDER CONSID ERATION 16
870870 TO BE COVERED ELECTR ONIC DEVICES; AND 17
871871
872872 (7) ANY OTHER RELATED TOP ICS IF RE QUESTED BY THE 18
873873 DEPARTMENT . 19
874874
875875 (I) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 20
876876 BEFORE DECEMBER 1, 2026, AND EACH DECEMBER 1 THEREAFTER , THE ADVISORY 21
877877 COUNCIL SHALL REPORT ITS FINDINGS AND REC OMMENDATIONS TO THE 22
878878 DEPARTMENT . 23
879879
880880 (2) (I) RECOMMENDATIONS SUBMI TTED UNDER THIS SUBS ECTION 24
881881 MAY NOT BE REQUIRED TO BE CONSENSUS RECO MMENDATIONS . 25
882882
883883 (II) IF MULTIPLE RECOMMEND ATIONS ARE SUBMITTED UNDER 26
884884 THIS SUBSECTION , EACH RECOMMENDATION SHALL INDICATE EACH MEMBER IN 27
885885 FAVOR OF THE RECOMME NDATION. 28
886886
887887 9–1729. 29
888888
889889 (A) The Department may adopt regulations necessary to implement AND 30
890890 ADMINISTER the provisions of this subtitle[, including the required components of a 31
891891 covered electronic device takeback program]. 32 20 HOUSE BILL 931
892892
893893
894894
895895 (B) REGULATIONS ADOPTED T O IMPLEMENT AND ADMINI STER THE 1
896896 COVERED ELECTRONIC DEVICE RECYCLING PROGRAM IN ACCORDANCE WITH § 2
897897 9–1728.3 OF THIS SUBTITLE SHALL ESTABLISH APPL ICATION MATERIALS AN D 3
898898 PROCEDURES FOR AUTHO RIZED COLLECTORS AND AUTHORIZED RECYCLERS . 4
899899
900900 9–1730. 5
901901
902902 (a) The provisions and penalties of § 9–342 of this title shall be used and shall 6
903903 apply to enforce violations of this part. 7
904904
905905 (b) (1) In addition to any other penalty provided by law, the Department may 8
906906 assess against any ELECTRONICS retailer that violates [§ 9–1728.1(b)] § 9–1728.1 of this 9
907907 [part] SUBTITLE a fine up to $1,000 for each violation, but not exceeding $10,000 total. 10
908908
909909 (2) A fine under paragraph (1) of this subsection may be assessed only after 11
910910 the ELECTRONICS retailer that committed the violation has been issued three warnings 12
911911 regarding the violation. 13
912912
913913 (3) Each day on which a violation occurs or continues is a separate violation 14
914914 under this subsection. 15
915915
916916 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 16
917917 2025, the Department of the Environment shall notify manufacturers of covered electronic 17
918918 devices of the Covered Electronic Device Recycling Program as enacted by Section 1 of this 18
919919 Act. 19
920920
921921 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
922922 October 1, 2025. 21