Maryland 2025 Regular Session

Maryland Senate Bill SB901 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		sb0901
10	9
11	10		SENATE BILL 901
12		-	M3 (5lr2545)
13		-	ENROLLED BILL
14		-	— Education, Energy, and the Environment/Environment and Transportation and
15		-	Economic Matters —
16		-	Introduced by Senators Augustine and Love, Love, Brooks, Hester, Kagan, and
	11	+	M3 5lr2545
	12	+
	13	+	By: Senators Augustine and Love, Love, Brooks, Hester, Kagan, and
17	14		M. Washington
18		-
19		-	Read and Examined by Proofreaders:
20		-
21		-	_______________________________________________
22		-	Proofreader.
23		-	_______________________________________________
24		-	Proofreader.
25		-
26		-	Sealed with the Great Seal and presented to the Governor, for his approval this
27		-
28		-	_______ day of _______________ at ________________________ o’clock, ________M.
29		-
30		-	______________________________________________
31		-	President.
	15	+	Introduced and read first time: January 28, 2025
	16	+	Assigned to: Education, Energy, and the Environment
	17	+	Committee Report: Favorable with amendments
	18	+	Senate action: Adopted
	19	+	Read second time: February 28, 2025
32	20
33	21		CHAPTER ______
34	22
35	23		AN ACT concerning 1
36	24
37	25		Environment – Packaging Materials and Paper Products – Producer 2
38	26		Responsibility Plans 3
39	27
40	28		FOR the purpose of requiring certain producers of packaging covered materials, 4
41	29		individually or as part of a producer responsibility organization, to submit a certain 5
42	30		packaging covered materials producer responsibility plan to the Department of the 6
43	31		Environment for review and approval on or before a certain date and in accordance 7
44	32		with certain requirements or develop an alternative collection program; prohibiting, 8
45	33		on or after a certain date, a producer of certain packaging covered materials from 9
46	34		selling, offering for sale, distributing, or importing certain packaging covered 10
47	35		materials unless the producer, individually or as part of a producer responsibility 11
48	36		organization, has an approved producer responsibility plan on file with the 12
49		-	Department; requiring a producer responsibility organization to pay certain costs to 13 2 SENATE BILL 901
50		-
51		-
52		-	the Department; requiring a producer responsibility plan to be implemented within 1
53		-	a certain amount of time after the Department approves the producer responsibility 2
54		-	plan; altering the responsibilities of the producer responsibility advisory council; 3
55		-	authorizing a local government service provider to request reimbursement from a 4
56		-	certain producer that has an approved producer responsibility plan on file with the 5
57		-	Department for certain costs in a certain manner; requiring a certain service 6
58		-	provider to register with the Department for a certain purpose and in a certain 7
59		-	manner; requiring the Department to develop a list of certain packaging materials 8
60		-	on or before a certain date, in a certain manner, and subject to certain requirements; 9
61		-	authorizing a certain producer to request that the Department exempt certain 10
62		-	materials from a certain list; requiring the Office of Recycling in the Department to 11
63		-	hire an independent contractor to conduct certain statewide recycling needs 12
64		-	assessments; requiring the Department to coordinate the implementation of certain 13
65		-	programs under certain circumstances and in a certain manner; and generally 14
66		-	relating to producer responsibility for packaging materials and paper products. 15
67		-
68		-	BY repealing and reenacting, without amendments, 16
69		-	Article – Environment 17
70		-	Section 9–1702(a) 18
71		-	Annotated Code of Maryland 19
72		-	(2014 Replacement Volume and 2024 Supplement) 20
73		-
74		-	BY repealing and reenacting, with amendments, 21
75		-	Article – Environment 22
76		-	Section 9–1702(d), 9–1707(f), 9–2501, and 9–2503 Section 9–1702(d) and 9–1707(f); 23
77		-	and 9–2501 through 9–2503 to be under the amended subtitle “Subtitle 25. 24
78		-	Producer Responsibility for Packaging and Paper Products” 25
79		-	Annotated Code of Maryland 26
80		-	(2014 Replacement Volume and 2024 Supplement) 27
81		-
82		-	BY adding to 28
	37	+	Department; requiring a producer responsibility organization to pay certain costs to 13
	38	+	the Department; requiring a producer responsibility plan to be implemented within 14
	39	+	a certain amount of time after the Department approves the producer responsibility 15
	40	+	plan; altering the responsibilities of the producer responsibility advisory council; 16
	41	+	authorizing a local government service provider to request reimbursement from a 17
	42	+	certain producer that has an approved producer responsibility plan on file with the 18
	43	+	Department for certain costs in a certain manner; requiring a certain service 19
	44	+	provider to register with the Department for a certain purpose and in a certain 20
	45	+	manner; requiring the Department to develop a list of certain packaging materials 21
	46	+	on or before a certain date, in a certain manner, and subject to certain requirements; 22
	47	+	authorizing a certain producer to request that the Department exempt certain 23
	48	+	materials from a certain list; requiring the Office of Recycling in the Department to 24 2 SENATE BILL 901
	49	+
	50	+
	51	+	hire an independent contractor to conduct certain statewide recycling needs 1
	52	+	assessments; requiring the Department to coordinate the implementation of certain 2
	53	+	programs under certain circumstances and in a certain manner; and generally 3
	54	+	relating to producer responsibility for packaging materials and paper products. 4
	55	+
	56	+	BY repealing and reenacting, without amendments, 5
	57	+	Article – Environment 6
	58	+	Section 9–1702(a) 7
	59	+	Annotated Code of Maryland 8
	60	+	(2014 Replacement Volume and 2024 Supplement) 9
	61	+
	62	+	BY repealing and reenacting, with amendments, 10
	63	+	Article – Environment 11
	64	+	Section 9–1702(d), 9–1707(f), 9–2501, and 9–2503 Section 9–1702(d) and 9–1707(f); 12
	65	+	and 9–2501 through 9–2503 to be under the amended subtitle “Subtitle 25. 13
	66	+	Producer Responsibility for Packaging and Paper Products” 14
	67	+	Annotated Code of Maryland 15
	68	+	(2014 Replacement Volume and 2024 Supplement) 16
	69	+
	70	+	BY adding to 17
	71	+	Article – Environment 18
	72	+	Section 9–1702.2, 9–2502, and 9–2504 through 9–2510 9–2512 19
	73	+	Annotated Code of Maryland 20
	74	+	(2014 Replacement Volume and 2024 Supplement) 21
	75	+
	76	+	BY repealing 22
	77	+	Article – Environment 23
	78	+	Section 9–2502 24
	79	+	Annotated Code of Maryland 25
	80	+	(2014 Replacement Volume and 2024 Supplement) 26
	81	+
	82	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
	83	+	That the Laws of Maryland read as follows: 28
	84	+
83	85		Article – Environment 29
84		-	Section 9–1702.2, 9–2502, and 9–2504 through 9–2510 9–2512 30
85		-	Annotated Code of Maryland 31
86		-	(2014 Replacement Volume and 2024 Supplement) 32
87		-
88		-	BY repealing 33
89		-	Article – Environment 34
90		-	Section 9–2502 35
91		-	Annotated Code of Maryland 36
92		-	(2014 Replacement Volume and 2024 Supplement) 37
93		-
94		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38
95		-	That the Laws of Maryland read as follows: 39
96		-
97		-	Article – Environment 40
	86	+
	87	+	9–1702. 30
	88	+
	89	+	(a) There is an Office of Recycling created within the Department. 31
	90	+
	91	+	(d) The Office shall: 32
	92	+
	93	+	(1) Assist the counties in developing an acceptable recycling plan required 33
	94	+	under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 34
	95	+	the local governments; 35
98	96		SENATE BILL 901 3
99	97
100	98
101		-	9–1702. 1
102		-
103		-	(a) There is an Office of Recycling created within the Department. 2
104		-
105		-	(d) The Office shall: 3
106		-
107		-	(1) Assist the counties in developing an acceptable recycling plan required 4
108		-	under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 5
109		-	the local governments; 6
110		-
111		-	(2) Coordinate the efforts of the State to facilitate the implementation of 7
112		-	the recycling goals at the county level; 8
113		-
114		-	(3) Review all recycling plans submitted as part of a county plan as 9
115		-	required under § 9–505 of this title and advise the Secretary on the adequacy of the 10
116		-	recycling plan; 11
117		-
118		-	(4) Administer the Statewide Electronics Recycling Program under Part IV 12
119		-	of this subtitle; 13
120		-
121		-	(5) Promote the development of markets for recycled materials and 14
122		-	recycled products in the State in accordance with § 9–1702.1 of this subtitle; [and] 15
123		-
124		-	(6) Review and approve plans and annual reports, including the paint 16
125		-	stewardship assessment, submitted in accordance with a Paint Stewardship Program 17
126		-	established under Part V of this subtitle; AND 18
127		-
128		-	(7) REVIEW AND APPROVE , IN CONSULTATION WITH THE PRODUCER 19
129		-	RESPONSIBILITY ADVIS ORY COUNCIL ESTABLIS HED UNDER § 9–2503 OF THIS TITLE, 20
130		-	PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN 21
131		-	ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE. 22
132		-
133		-	9–1702.2. 23
134		-
135		-	(A) IN THIS SECTION, “ADVISORY COUNCIL ” AND “PRODUCER” HAVE THE 24
136		-	MEANINGS SECTION, “ADVISORY COUNCIL ” HAS THE MEANING STATED IN § 9–2501 25
137		-	OF THIS TITLE. 26
138		-
139		-	(B) (1) ON OR BEFORE JULY 30, 2034, AND AT LEAST ONCE EV ERY 10 27
140		-	YEARS THEREAFTER , THE OFFICE SHALL HIRE AN INDEPENDENT CONSULTA NT TO 28
141		-	CONDUCT A STATEWIDE RECYCLING NEEDS ASSE SSMENT TO INFORM THE 29
142		-	PROVISION OF RECYCLI NG SERVICES IN THE STATE INCLUDING IMPLE MENTATION 30
143		-	OF SUBTITLE 25 OF THIS TITLE. 31
144		-
145		-	(2) THE NEEDS ASSESSMENT SHALL INCLUDE : 32 4 SENATE BILL 901
146		-
147		-
148		-
149		-	(I) AN ANALYSIS OF THE STATE’S CURRENT SOLID WAST E 1
150		-	STREAMS, INCLUDING: 2
151		-
152		-	1. SOLID WASTE GENERATED IN THE STATE BY LOCAL 3
153		-	JURISDICTION, TYPE, AND MATERIAL ; 4
154		-
155		-	2. DISPOSAL METHO DS BY MATERIAL TYPE AND 5
156		-	AMOUNT; AND 6
157		-
158		-	3. ASSOCIATED COSTS AND REVENUES FOR SOLID 7
159		-	WASTE DISPOSAL PROGR AMS; 8
160		-
161		-	(II) AN ANALYSIS OF THE STATE’S CURRENT RECYCLING 9
162		-	STREAMS, INCLUDING: 10
163		-
164		-	1. RECYCLABLE MATERIALS PROCESSED BY LOCAL 11
165		-	JURISDICTION, TYPE, AND AMOUNT ; 12
166		-
167		-	2. PROCESSING METHODS BY MATERIAL TYPE AND 13
168		-	AMOUNT; 14
169		-
170		-	3. ASSOCIATED COSTS AND REVENUES FOR RECYCLI NG 15
171		-	PROGRAMS, COLLECTION, AND TIPPING FEES ; AND 16
172		-
173		-	4. AN ESTIMATE OF THE AM OUNT OF RECYCLABLE 17
174		-	MATERIALS THAT ARE N OT CURRENTLY BEING R ECYCLED; AND 18
175		-
176		-	5. AN ESTIMATE OF THE AM OUNT OF REUSABLE 19
177		-	PACKAGING THAT IS NO T CURRENTLY BEING RE USED; 20
178		-
179		-	(III) AN EVALUATION OF THE CURRENT INFRASTRUCTU RE AND 21
180		-	CAPACITY REL ATED TO, NEED FOR, AND ASSOCIATED COSTS OF: 22
181		-
182		-	1. RECYCLING ACCESS AND AVAILABILITY; 23
183		-
184		-	2. COLLECTING AND HAULIN G RECYCLABLE , 24
185		-	REUSABLE, OR COMPOSTABLE MATER IALS IN THE STATE; 25
186		-
187		-	3. PROCESSING RECYCLABLE OR COMPOSTABLE 26
188		-	MATERIALS IN THE STATE; 27
	99	+	(2) Coordinate the efforts of the State to facilitate the implementation of 1
	100	+	the recycling goals at the county level; 2
	101	+
	102	+	(3) Review all recycling plans submitted as part of a county plan as 3
	103	+	required under § 9–505 of this title and advise the Secretary on the adequacy of the 4
	104	+	recycling plan; 5
	105	+
	106	+	(4) Administer the Statewide Electronics Recycling Program under Part IV 6
	107	+	of this subtitle; 7
	108	+
	109	+	(5) Promote the development of markets for recycled materials and 8
	110	+	recycled products in the State in accordance with § 9–1702.1 of this subtitle; [and] 9
	111	+
	112	+	(6) Review and approve plans and annual reports, including the paint 10
	113	+	stewardship assessment, submitted in accordance with a Paint Stewardship Program 11
	114	+	established under Part V of this subtitle; AND 12
	115	+
	116	+	(7) REVIEW AND APPROVE , IN CONSULTATION WITH THE PRODUCER 13
	117	+	RESPONSIBILITY ADVIS ORY COUNCIL ESTABLIS HED UNDER § 9–2503 OF THIS TITLE, 14
	118	+	PRODUCER RESPONSIBIL ITY PLANS AND ANNUAL REPORTS SUBMITTED IN 15
	119	+	ACCORDANCE WITH SUBTITLE 25 OF THIS TITLE. 16
	120	+
	121	+	9–1702.2. 17
	122	+
	123	+	(A) IN THIS SECTION, “ADVISORY COUNCIL ” AND “PRODUCER” HAVE THE 18
	124	+	MEANINGS SECTION, “ADVISORY COUNCIL ” HAS THE MEANING STATED IN § 9–2501 19
	125	+	OF THIS TITLE. 20
	126	+
	127	+	(B) (1) ON OR BEFORE JULY 30, 2034, AND AT LEAST ONCE EV ERY 10 21
	128	+	YEARS THEREAFTER , THE OFFICE SHALL HIRE AN INDEPENDENT CONSULTA NT TO 22
	129	+	CONDUCT A STATEWIDE RECYCLING NEEDS ASSE SSMENT TO INFORM THE 23
	130	+	PROVISION OF RECYCLI NG SERVICES IN THE STATE INCLUDING IMPLE MENTATION 24
	131	+	OF SUBTITLE 25 OF THIS TITLE. 25
	132	+
	133	+	(2) THE NEEDS ASSESSMENT SHALL INCLUDE : 26
	134	+
	135	+	(I) AN ANALYSIS OF THE STATE’S CURRENT SOLID WAST E 27
	136	+	STREAMS, INCLUDING: 28
	137	+
	138	+	1. SOLID WASTE GENERATED IN THE STATE BY LOCAL 29
	139	+	JURISDICTION, TYPE, AND MATERIAL ; 30
	140	+
	141	+	2. DISPOSAL METHODS BY M ATERIAL TYPE AND 31
	142	+	AMOUNT; AND 32
	143	+	4 SENATE BILL 901
	144	+
	145	+
	146	+	3. ASSOCIATED COSTS AND REVENUES FOR SOLID 1
	147	+	WASTE DISPOSAL PROGR AMS; 2
	148	+
	149	+	(II) AN ANALYSIS OF THE STATE’S CURRENT RECYCLING 3
	150	+	STREAMS, INCLUDING: 4
	151	+
	152	+	1. RECYCLABLE MATERIALS PROCESSED BY LOCAL 5
	153	+	JURISDICTION, TYPE, AND AMOUNT ; 6
	154	+
	155	+	2. PROCESSING METHODS BY MATERIAL TYPE AND 7
	156	+	AMOUNT; 8
	157	+
	158	+	3. ASSOCIATED COSTS AND R EVENUES FOR RECYCLIN G 9
	159	+	PROGRAMS, COLLECTION, AND TIPPING FEES; AND 10
	160	+
	161	+	4. AN ESTIMATE OF THE AM OUNT OF RECYCLABLE 11
	162	+	MATERIALS THAT ARE N OT CURRENTLY BEING R ECYCLED; AND 12
	163	+
	164	+	5. AN ESTIMATE OF THE AM OUNT OF REUSABLE 13
	165	+	PACKAGING THAT IS NO T CURRENTLY BEING REUS ED; 14
	166	+
	167	+	(III) AN EVALUATION OF THE CURRENT INFRASTRUCTU RE AND 15
	168	+	CAPACITY RELATED TO , NEED FOR, AND ASSOCIATED COSTS OF: 16
	169	+
	170	+	1. RECYCLING ACCESS AND AVAILABILITY; 17
	171	+
	172	+	2. COLLECTING AND HAULIN G RECYCLABLE , 18
	173	+	REUSABLE, OR COMPOSTABLE MATER IALS IN THE STATE; 19
	174	+
	175	+	3. PROCESSING RECYCLABLE OR COMPOSTABLE 20
	176	+	MATERIALS IN THE STATE; 21
	177	+
	178	+	4. TAKING ADVANTAGE OF F AVORABLE MARKET 22
	179	+	CONDITIONS OR OTHER OPPORTUNITIES FOR IN CREASING RECYCLING , REUSE, OR 23
	180	+	ORGANICS RECYCLING I N THE STATE; 24
	181	+
	182	+	5. IN COORDINAT ION WITH LOCAL GOVER NMENTS, 25
	183	+	CONSUMER EDUCATION R EGARDING RECYCLING , ORGANICS RECYCLING , REUSABLE 26
	184	+	PACKAGING, AND CONTAMINATION RE DUCTION; 27
	185	+
	186	+	6. REUSE INFRASTRUCTURE ; AND 28
	187	+
	188	+	7. ORGANICS RECYCLING IN FRASTRUCTURE ; 29
189	189		SENATE BILL 901 5
190	190
191	191
192		-	~~4. TAKING ADVANTAGE~~ OF F ~~AVORABLE MARKET~~ 1
193		-	~~CONDITIONS OR OTHER OPPORTUNITIES FOR IN CREASING RECYCLING~~ , ~~REUSE~~, OR 2
194		-	~~ORGANICS RECYCLING I N THE STATE; 3~~
195		-
196		-	5. ~~IN COORDINATION WITH LOCAL GOVERNMENTS ,~~ 4
197		-	~~CONSUMER EDUCATION R EGARDING RECYCLING , ORGANICS RECYCLING , REUSABLE 5~~
198		-	~~PACKAGING, AND CONTAMINATION RE DUCTION;~~ 6
199		-
200		-	~~6. REUSE INFRASTRUCTURE~~ ; ~~AND~~ 7
201		-
202		-	~~7. ORGANICS RECYCLING IN FRASTRUCTURE ;~~ 8
203		-
204		-	~~(IV) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING 9~~
205		-	~~FACILITY WORKER COND ITIONS,~~ ~~WAGES, AND BENEFITS;~~ 10
206		-
207		-	~~(V) AN EVALUATION OF OPPORTUNITIES IN THE RECYCLING 11~~
208		-	~~AND REUSE SYSTEM FOR WOMEN~~ AND ~~MINORITY INDIVIDUALS ;~~ 12
209		-
210		-	~~(VI) AN EVALUATION OF LOCA L GOVERNMENT REQUIRE MENTS 13~~
211		-	~~RELATED TO MULTIFAMI LY AND COMMERCIAL RE CYCLING SERVICES AND THEIR~~ 14
212		-	~~IMPLEMENTATION~~ ; 15
213		-
214		-	~~(VII) THE SUFFICIENCY OF RE CYCLING AND REUSE EDUCATION~~ 16
215		-	~~PROGRAMS RELATIVE TO DESIRED EQUITY OUTCO MES~~; 17
216		-
217		-	~~(VIII) AN EVALUATION OF THE ECONOMIC OPPORTUNITI ES IN THE~~ 18
218		-	~~STATE’S~~ RECYCLING ~~AND REUSE SYSTEM,~~ ~~INCLUDING:~~ 19
219		-
220		-	1. ~~STATE AND LOCAL REVEN UE THAT MAY BE~~ 20
221		-	~~CONSIDERED LOST BECA USE RECYCLABLE~~ MATERIALS ~~ARE NOT BEING RECYCLED ;~~ 21
222		-
223		-	~~2. CURRENT JOBS ASSOCIAT ED WITH THE SOLID WA STE, 22~~
224		-	~~REUSE, AND RECYCLING INDUST RIES;~~ 23
225		-
226		-	3. ~~OPPORTUNITIES TO INCR EASE EMPLOYMENT IN T HE 24~~
227		-	~~RECYCLING INDUSTRY B Y MATERIAL TYPE ; 25~~
228		-
229		-	4. ~~BUSINESS OPPORTUNITIE~~ S ~~ASSOCIATED WITH 26~~
230		-	RECYCLING ~~OR REUSABLE PACKAGIN G~~; 27
231		-
232		-	~~5. BARRIERS TO INCREASIN G~~ THE ~~USE~~ OF ~~RECYCLA BLE 28~~
233		-	~~MATERIALS AS FEEDSTO CK FOR PRINCIPAL PRO CESSORS AND MANUFACT URERS 29~~
234		-	~~AND MEANS OF ELIMINA TING THOSE BARRIERS ; AND 30~~
	192	+	(IV) AN EVALUATION OF COMM INGLED RECYCLING PRO CESSING 1
	193	+	FACILITY WORKER COND ITIONS, WAGES, AND BENEFITS; 2
	194	+
	195	+	(V) AN EVALUATION OF OPPO RTUNITIES IN THE REC YCLING 3
	196	+	AND REUSE SYSTEM FOR WOMEN AND MINORITY INDIVIDUALS ; 4
	197	+
	198	+	(VI) AN EVALUATION OF LOCA L GOVERNMENT REQU IREMENTS 5
	199	+	RELATED TO MULTIFAMI LY AND COMMERCIAL RE CYCLING SERVICES AND THEIR 6
	200	+	IMPLEMENTATION ; 7
	201	+
	202	+	(VII) THE SUFFICIENCY OF RE CYCLING AND REUSE EDUCATION 8
	203	+	PROGRAMS RELATIVE TO DESIRED EQUITY OUTCO MES; 9
	204	+
	205	+	(VIII) AN EVALUATION OF THE ECONOMIC OPPORTUNITI ES IN THE 10
	206	+	STATE’S RECYCLING AND REUSE SYSTEM, INCLUDING: 11
	207	+
	208	+	1. STATE AND LOCAL REVEN UE THAT MAY BE 12
	209	+	CONSIDERED LOST BECA USE RECYCLABLE MATER IALS ARE NOT BEING R ECYCLED; 13
	210	+
	211	+	2. CURRENT JOBS ASSOCIAT ED WITH THE SOLID WA STE, 14
	212	+	REUSE, AND RECYCLING INDUST RIES; 15
	213	+
	214	+	3. OPPORTUNITIES TO INCR EASE EMPLOYMENT IN T HE 16
	215	+	RECYCLING INDUSTRY B Y MATERIAL TYPE ; 17
	216	+
	217	+	4. BUSINESS OPPORTUNITIE S ASSOCIATED WITH 18
	218	+	RECYCLING OR REUSABLE PACKAGIN G; 19
	219	+
	220	+	5. BARRIERS TO INCREASIN G THE USE OF RECYCLA BLE 20
	221	+	MATERIALS AS FEEDSTO CK FOR PRINCIPAL PROCESSORS AND MANUF ACTURERS 21
	222	+	AND MEANS OF ELIMINA TING THOSE BARRIERS ; AND 22
	223	+
	224	+	6. RECOMMENDATIONS FOR I NCENTIVES TO STIMULA TE 23
	225	+	JOB GROWTH AND BUSIN ESS OPPORTUNITIES IN THE STATE’S RECYCLING 24
	226	+	INDUSTRY AND REUSABLE PACKAGI NG INDUSTRIES; 25
	227	+
	228	+	(IX) RECOMMENDATIO NS FOR IMPROVING EQU ITY AND 26
	229	+	EQUITABLE OUTCOMES F OR UNDERSERVED POPUL ATIONS IN THE STATE’S 27
	230	+	RECYCLING SYSTEM ; 28
	231	+
	232	+	(X) AN ANALYSIS OF THE CO STS AND BENEFITS OF 29
	233	+	IMPLEMENTING AN EXTE NDED PRODUCER RESPON SIBILITY PROGRAM , INCLUDING 30
	234	+	TO: 31
235	235		6 SENATE BILL 901
236	236
237	237
238		-	6. RECOMMENDATI ONS FOR INCENTIVES T O STIMULATE 1
239		-	JOB GROWTH AND BUSIN ESS OPPORTUNITIES IN THE STATE’S RECYCLING 2
240		-	INDUSTRY AND REUSABLE PACKAGI NG INDUSTRIES; 3
241		-
242		-	(IX) RECOMMENDATIONS FOR I MPROVING EQUITY AND 4
243		-	EQUITABLE OUTCOMES F OR UNDERSERVED POPUL ATIONS IN THE STATE’S 5
244		-	RECYCLING SYSTEM; 6
245		-
246		-	(X) AN ANALYSIS OF THE CO STS AND BENEFITS OF 7
247		-	IMPLEMENTING AN EXTE NDED PRODUCER RESPON SIBILITY PROGRAM , INCLUDING 8
248		-	TO: 9
249		-
250		-	1. LOCAL GOVERNMENTS ; 10
251		-
252		-	2. WASTE PRODUCERS ; 11
253		-
254		-	3. RESIDENTS; AND 12
255		-
256		-	4. WASTE MANAGEMENT COMP ANIES; 13
257		-
258		-	(XI) AN ANALYSIS OF THE PO TENTIAL ENVIRONMENTA L IMPACT 14
259		-	OF AN EXTENDED PRODU CER RESPONSIBILITY P ROGRAM, INCLUDING THROUGH : 15
260		-
261		-	1. INCREASED RECYCLING ; 16
262		-
263		-	2. RESOURCE RECOVERY ; 17
264		-
265		-	3. WASTE REDUCTION ; AND 18
266		-
267		-	4. REDUCED ENVIRONMENTAL DAMAGE; AND 19
268		-
269		-	(XII) RECOMMENDATIONS ON TH E BEST PRACTICES TO FOLLOW 20
270		-	FROM SUCCESSFUL EXTE NDED PRODUCER RESPON SIBILITY PROGRAMS IN OTHER 21
271		-	STATES AND COUNTRIES . 22
272		-
273		-	(C) THE OFFICE SHALL REPORT O N THE RESULTS OF EAC H ASSESSMENT 23
274		-	CONDUCTED UNDER THIS SECTION TO THE GOVERNOR AND , IN ACCORDANCE WITH 24
275		-	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 25
276		-
277		-	(D) IN CONDUCTING AN ASSE SSMENT REQUIRED UNDE R THIS SECTION, THE 26
278		-	INDEPENDENT CONSULTA NT SHALL CONSULT WITH P RODUCER RESPONSIBILI TY 27
279		-	ORGANIZATIONS , THE PRODUCER RESPONS IBILITY ADV ISORY COUNCIL 28
280		-	ESTABLISHED UNDER § 9–2503 OF THIS TITLE , APPROPRIATE LOCAL 29 SENATE BILL 901 7
281		-
282		-
283		-	GOVERNMENTAL ENTITIE S, AND REGIONAL SOLID W ASTE ORGANIZATIONS I N THE 1
284		-	STATE. 2
285		-
286		-	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE THE 3
287		-	OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY PRODUC ER 4
288		-	RESPONSIBILITY ORGAN IZATIONS TO COVER TH E COSTS ASSOCIATED W ITH 5
289		-	CONDUCTING AN: 6
290		-
291		-	(1) THE ASSESSMENT REQUIR ED UNDER CHAPTER 465 OF THE ACTS 7
292		-	OF THE GENERAL ASSEMBLY OF 2023; AND 8
293		-
294		-	(2) EACH SUBSEQUENT ASSESSMENT REQUIRED UNDER THIS 9
295		-	SECTION. 10
296		-
297		-	(2) BEFORE ESTABLISHING A ND COLLECTING A FEE UNDER 11
298		-	PARAGRAPH (1) OF THIS SUBSECTION , THE OFFICE SHALL: 12
299		-
300		-	(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND 13
301		-
302		-	(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMME NT. 14
303		-
304		-	9–1707. 15
305		-
306		-	(f) (1) There is a State Recycling Trust Fund. 16
307		-
308		-	(2) The Fund shall consist of: 17
309		-
310		-	(i) The newsprint recycling incentive fee; 18
311		-
312		-	(ii) The telephone directory recycling incentive fee collected under § 19
313		-	9–1709 of this subtitle; 20
314		-
315		-	(iii) The covered electronic device manufacturer registration fee 21
316		-	collected under § 9–1728 of this subtitle; 22
317		-
318		-	(iv) The Paint Stewardship Program plan and annual report review 23
319		-	fees collected under § 9–1733(b) and (h) of this subtitle; 24
320		-
321		-	(V) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY 25
322		-	ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 25 OF THIS 26
323		-	TITLE; 27
324		-
325		-	[(v)] (VI) All fines and penalties collected under this subtitle AND § 28
326		-	9–2510 § 9–2512 OF THIS TITLE; 29
	238	+	1. LOCAL GOVERNMENTS ; 1
	239	+
	240	+	2. WASTE PRODUCERS ; 2
	241	+
	242	+	3. RESIDENTS; AND 3
	243	+
	244	+	4. WASTE MANAGEMENT COMP ANIES; 4
	245	+
	246	+	(XI) AN ANALYSIS OF THE PO TENTIAL ENVIRONMENTA L IMPACT 5
	247	+	OF AN EXTENDED PRODU CER RESPONSIBILITY P ROGRAM, INCLUDING THROUGH : 6
	248	+
	249	+	1. INCREASED RECYCLING ; 7
	250	+
	251	+	2. RESOURCE RECOVERY; 8
	252	+
	253	+	3. WASTE REDUCTION ; AND 9
	254	+
	255	+	4. REDUCED ENVIRONMENTAL DAMAGE; AND 10
	256	+
	257	+	(XII) RECOMMENDATIONS ON TH E BEST PRACTICES TO FOLLOW 11
	258	+	FROM SUCCESSFUL EXTE NDED PRODUCER RESPON SIBILITY PROGRAMS IN OTHER 12
	259	+	STATES AND COUNTRIES . 13
	260	+
	261	+	(C) THE OFFICE SHALL REPORT ON THE RESULT S OF EACH ASSESSMENT 14
	262	+	CONDUCTED UNDER THIS SECTION TO THE GOVERNOR AND , IN ACCORDANCE WITH 15
	263	+	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 16
	264	+
	265	+	(D) IN CONDUCTING AN ASSE SSMENT REQUIRED UNDE R THIS SECTION, THE 17
	266	+	INDEPENDENT CON SULTANT SHALL CONSULT WITH P RODUCER RESPONSIBILI TY 18
	267	+	ORGANIZATIONS , THE PRODUCER RESPONS IBILITY ADVISORY COU NCIL 19
	268	+	ESTABLISHED UNDER § 9–2503 OF THIS TITLE , APPROPRIATE LOCAL 20
	269	+	GOVERNMENTAL ENTITIE S, AND REGIONAL SOLID W ASTE ORGANIZATIONS I N THE 21
	270	+	STATE. 22
	271	+
	272	+	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE THE 23
	273	+	OFFICE SHALL ESTABLIS H AND COLLECT A FEE TO BE PAID BY PRODUC ER 24
	274	+	RESPONSIBILITY ORGAN IZATIONS TO COVER TH E COSTS ASSOCIATED W ITH 25
	275	+	CONDUCTING AN: 26
	276	+
	277	+	(1) THE ASSESSMENT REQUIR ED UNDER CHAPTER 465 OF THE ACTS 27
	278	+	OF THE GENERAL ASSEMBLY OF 2023; AND 28
	279	+
	280	+	(2) EACH SUBSEQUENT ASSESSMENT REQUIRED UNDER THIS 29
	281	+	SECTION. 30 SENATE BILL 901 7
	282	+
	283	+
	284	+
	285	+	(2) BEFORE ESTABLISHING A ND COLLECTING A FEE UNDER 1
	286	+	PARAGRAPH (1) OF THIS SUBSECTION , THE OFFICE SHALL: 2
	287	+
	288	+	(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND 3
	289	+
	290	+	(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 4
	291	+
	292	+	9–1707. 5
	293	+
	294	+	(f) (1) There is a State Recycling Trust Fund. 6
	295	+
	296	+	(2) The Fund shall consist of: 7
	297	+
	298	+	(i) The newsprint recycling incentive fee; 8
	299	+
	300	+	(ii) The telephone directory recycling incentive fee collected under § 9
	301	+	9–1709 of this subtitle; 10
	302	+
	303	+	(iii) The covered electronic device manufacturer registration fee 11
	304	+	collected under § 9–1728 of this subtitle; 12
	305	+
	306	+	(iv) The Paint Stewardship Program plan and annual report review 13
	307	+	fees collected under § 9–1733(b) and (h) of this subtitle; 14
	308	+
	309	+	(V) ANY FEES COLLECTED FR OM PRODUCER RESPONSI BILITY 15
	310	+	ORGANIZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR SUBTITLE 25 OF THIS 16
	311	+	TITLE; 17
	312	+
	313	+	[(v)] (VI) All fines and penalties collected under this subtitle AND § 18
	314	+	9–2510 § 9–2512 OF THIS TITLE; 19
	315	+
	316	+	[(vi)] (VII) Money appropriated in the State budget to the Fund; and 20
	317	+
	318	+	[(vii)] (VIII) Any other money from any other source accepted for the 21
	319	+	benefit of the Fund. 22
	320	+
	321	+	(3) The Secretary shall administer the Fund. 23
	322	+
	323	+	(4) The Treasurer shall hold the Fund separately and the Comptroller shall 24
	324	+	account for the Fund. 25
	325	+
	326	+	(5) At the end of each fiscal year, any unspent or unencumbered balance in 26
	327	+	the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 27
	328	+	accordance with § 7–302 of the State Finance and Procurement Article. 28
327	329		8 SENATE BILL 901
328	330
329	331
330		-	~~[(vi)]~~ (~~VII~~) ~~Money appropriated in~~ the State budget to the Fund~~; and~~ 1
331		-
332		-	~~[(vii)]~~ (~~VIII~~) ~~Any other money from any other source accepted for~~ the 2
333		-	~~benefit of the Fund.~~ 3
334		-
335		-	(3) ~~The Secretary shall administer the Fund.~~ 4
336		-
337		-	(4) ~~The Treasurer shall hold the Fund separately and the Comptroller shall 5~~
338		-	~~account for the Fund. 6~~
339		-
340		-	~~(5) At the end of each fiscal year,~~ ~~any unspent or unencumbered balance in 7~~
341		-	~~the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 8~~
342		-	~~accordance with § 7–302~~ of the ~~State Finance and Procurement Article.~~ 9
343		-
344		-	~~(6) In accordance with the State budget~~, ~~the Fund shall be used only:~~ 10
345		-
346		-	(i) ~~To provide grants to the counties to be used by the counties to 11~~
347		-	~~develop and implement local recycling plans;~~ 12
348		-
349		-	~~(ii) To provide grants to counties that have addressed methods for 13~~
350		-	~~the separate collection and recycling of covered electronic devices~~ in accordance with ~~§ 14~~
351		-	~~9–1703(c)(1) of this subtitle;~~ 15
352		-
353		-	~~(iii) To provide grants to municipalities to be used by the 16~~
354		-	~~municipalities~~ to ~~implement local covered electronic device recycling programs;~~ 17
355		-
356		-	~~(iv) To cover the costs of the Paint Stewardship Program plan review 18~~
357		-	~~under § 9–1733~~(b) ~~of this subtitle,~~ the ~~annual report review under § 9–1733(h) of this 19~~
358		-	~~subtitle, and associated costs for Program compliance oversight; [and] 20~~
359		-
360		-	~~(V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 21~~
361		-	~~SUBSECTION, TO COVER THE COSTS O F A STATEWIDE RECYCL ING NEEDS~~ 22
362		-	~~ASSESSMENT CONDUCTED~~ UNDER § 9–1702.2 OF THIS SUBTITLE; 23
363		-
364		-	~~(VI) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 24~~
365		-	~~SUBSECTION, TO COVER THE COSTS O F PRODUCER RESPONSIBILITY PLAN REVIEW,~~ 25
366		-	~~OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25~~ OF THIS TITLE~~; AND~~ 26
367		-
368		-	~~[(v)]~~ (~~VII~~) ~~To carry out~~ the ~~purposes of~~ the ~~land management~~ 27
369		-	~~administration.~~ 28
370		-
371		-	~~(7) (I) THERE IS A SEPARATE A CCOUNT WITHIN THE FUND~~. 29
372		-
373		-	(II) THE ~~SEPARATE ACCOUNT~~ SHALL ~~CONSIS T OF:~~ 30
374		-	SENATE BILL 901 9
375		-
376		-
377		-	~~1. ANY FEES COLLECTED FR OM PRODUCER 1~~
378		-	~~RESPONSIBILITY ORGAN IZATIONS UNDER § 9–1702.2~~ OF ~~THIS SUBTITLE OR 2~~
379		-	~~SUBTITLE 25~~ OF ~~THIS TITLE;~~ ~~AND 3~~
380		-
381		-	2. ~~ALL FINES~~ AND ~~PENALTI ES COLLECTED UNDER § 4~~
382		-	~~9–2510 § 9–2512 OF THIS TITLE. 5~~
383		-
384		-	~~(III) THE SEPARATE ACCOUNT SHALL BE USED ONLY F OR THE 6~~
385		-	~~COSTS OF STATEWIDE R ECYCLING NEEDS ASSES SMENTS CONDUCTED UND ER § 7~~
386		-	~~9–1702.2 OF THIS SUBTITLE AND PRODUCER RESPONSIBIL ITY PLAN REVIEW , 8~~
387		-	~~OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE.~~ 9
388		-
389		-	~~[(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 10~~
390		-	~~same manner as other State money may be invested.~~ 11
391		-
392		-	~~(ii) Any investment earnings of the Fund shall be credited to the 12~~
393		-	~~General Fund~~ of ~~the State.~~ 13
394		-
395		-	~~Subtitle 25. Producer Responsibility for Packaging [Materials] AND PAPER PRODUCTS. 14~~
396		-
397		-	~~9–2501. 15~~
398		-
399		-	(a) ~~In this subtitle~~ the ~~following words have the meanings indicated~~. 16
400		-
401		-	(b) “~~Advisory council~~” means ~~the producer responsibility advisory council 17~~
402		-	~~established~~ under ~~§ 9–2503 of this subtitle. 18~~
403		-
404		-	~~(c) (1) “BEVERAGE CONTAINER” MEANS A PREPACKAGED BEVERAGE 19~~
405		-	~~CONTAINER: 20~~
406		-
407		-	~~(1) (I) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, 21~~
408		-	~~METAL,~~ OR ~~MULTIMATERIALS ; 22~~
409		-
410		-	~~(2) (II) IN ANY FORM~~ , INCLUDING ~~A BOTTLE , CAN, CARTON, OR 23~~
411		-	~~POUCH; AND 24~~
412		-
413		-	~~(3) (III) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS. 25~~
414		-
415		-	~~(2) “BEVERAGE CONTAINER ” DOES NOT INCLUDE A P REPACKAGED 26~~
416		-	~~BEVERAGE CONTAINER T HAT IS COVERED UNDER~~ A ~~BEVERAGE CONTAINER DEPOSIT 27~~
417		-	~~RETURN PROGRAM IN TH E STATE. 28~~
418		-
419		-	(D) ~~“BRAND OWNER ” MEANS~~ A ~~PERSON THAT OWNS OR LICENSES A B RAND 29~~
420		-	~~OR THAT OTHERWISE HAS RIGHTS TO MARKET A PRODUCT UNDER THE BRAND, 30~~
421		-	~~WHETHER OR NOT THE B RAND’S TRADEMARK IS REGIS TERED. 31~~ 10 SENATE BILL 901
422		-
423		-
424		-
425		-	~~(E) “COMPOSTING” AND “COMPOSTING FACILITY ” HAVE THE MEANINGS 1~~
426		-	~~STATED IN § 9–1701 OF THIS TITLE. 2~~
427		-
428		-	~~(F) “COVERED~~ ~~ENTITY ” MEANS A PERSON~~ OR ~~LO CATION THAT REC EIVES 3~~
429		-	~~COVERED SERVICES FOR COVERED MATERIALS IN ACCORDANCE WITH THE 4~~
430		-	~~REQUIREMENTS OF THIS SUBTITLE,~~ ~~INCLUDING:~~ 5
431		-
432		-	(1) A ~~SINGLE–FAMILY RESIDENCE ;~~ 6
433		-
434		-	~~(2) A MULTIFAMILY RESIDENC E; 7~~
435		-
436		-	~~(3) A PUBLIC OR NONPUBLIC KINDERGARTEN~~ , ~~ELEMENTARY , OR 8~~
437		-	~~SECONDARY SCHOOL ; 9~~
438		-
439		-	~~(4) A CHILD CARE CENTER , AS DEFINED IN § 9.5–401 OF THE 10~~
440		-	~~EDUCATION ARTICLE;~~ ~~AND 11~~
441		-
442		-	~~(5) A PUBLIC BUILDING OWNE D OR OPERATED BY THE STATE OR A 12~~
443		-	~~LOCAL GOVERNMENT . 13~~
444		-
445		-	(G) ~~(1) “COVERED~~ ~~MATERIALS ” MEANS PACKAGING AND PAPER 14~~
446		-	~~PRODUCTS SOLD~~ , ~~OFFERED FOR SALE , IMPORTED~~, OR ~~DISTRIBUTED IN TH E STATE.~~ 15
447		-
448		-	~~(2) “COVERED~~ ~~MATERIALS ” DOES NOT INCLUDE EXE MPT MATERIALS . 16~~
449		-
450		-	(H) ~~“COVERED MATERIAL TYPE ” MEANS A SINGULAR~~ AND ~~SPECIFIC TYPE OF 17~~
451		-	~~COVERED MATERIAL , SUCH AS PAPER , PLASTIC,~~ ~~METAL, OR GLASS,~~ ~~THAT: 18~~
452		-
453		-	(1) ~~CAN BE CATEGORIZED BA SED ON DISTINGUISHING CH EMICAL OR 19~~
454		-	~~PHYSICAL PROPERTIES , INCLUDING PROPERTIES THAT ALLOW THE MATER IAL TYPE 20~~
455		-	~~TO BE AGGREGATED INT O A DISCRETE COMMODI TY CATEGORY FOR PURP OSES OF 21~~
456		-	~~REUSE, RECYCLING,~~ ~~OR COMPOSTING ; AND 22~~
457		-
458		-	~~(2) IS BASED ON SIMILAR U SES IN THE FORM OF A PRODUCT OR 23~~
459		-	~~PACKAGE. 24~~
460		-
461		-	~~(I) (1) “COVERED SERVICES ” MEANS: 25~~
462		-
463		-	~~(I) COLLECTING, TRANSFERRING , TRANSPORTING , SORTING, 26~~
464		-	~~PROCESSING, RECOVERING , PREPARING,~~ ~~OR OTHERWISE MANAGIN G~~ COVERED 27
465		-	~~MATERIALS FOR PURPOS ES OF WASTE REDUCTIO N~~, ~~REUSE, RECYCLING,~~ ~~OR 28~~
466		-	~~COMPOSTING ;~~ AND 29
467		-	SENATE BILL 901 11
468		-
469		-
470		-	~~(II) PUBLIC EDUCATION~~ AND ~~OUTREACH ACTIVITIES RELATED~~ 1
471		-	~~TO THE ACTIVITIES DE SCRIBED IN SUBPARAGR APH (I) OF THIS PARAGRAPH~~ . 2
472		-
473		-	(2) “~~COVERED SERVICES~~ ” ~~DOES NOT INCLUDE DIS POSAL~~ OF 3
474		-	~~COVERED MATERIALS .~~ 4
475		-
476		-	(J) ~~“DE MINIMIS PRODUCER ” MEANS A PERSON THAT~~ IN ~~THEIR MOST~~ 5
477		-	~~RECENT FISCAL YEAR :~~ 6
478		-
479		-	(1) ~~INTRODUCED LESS THAN 1 TON OF COVERED MATER IAL INTO THE~~ 7
480		-	~~STATE~~; OR 8
481		-
482		-	(2) ~~EARNED GLOBAL GROSS R EVENUES OF LESS THAN $2,000,000.~~ 9
483		-
484		-	~~(K) “ENVIRONMENTAL~~ ~~IMPACT ” MEANS~~ THE ~~IMPACT OF A COVERED 10~~
485		-	~~MATERIAL ON HUMAN HE ALTH AND~~ THE ~~ENVIRONMENT , BEGINNING WITH THE 11~~
486		-	~~EXTRACTION AND PROCE SSING OF THE RAW MAT ERIALS THAT COMPOSE THE 12~~
487		-	~~COVERED MATERIAL THR OUGH THE MANUFACTURI NG, DISTRIBUTION, USE, 13~~
488		-	~~RECOVERY FOR REUSE , RECYCLING OR COMPOST ING, AND FINAL DISPOSAL O F THE~~ 14
489		-	~~COVERED MATERIAL . 15~~
490		-
491		-	~~(L) “EXEMPT MATERIAL ” MEANS A MATERIAL , OR ANY PORTION OF A 16~~
492		-	~~MATERIAL, THAT IS:~~ 17
493		-
494		-	(1) ~~PACKAGING FOR INFANT FORMULA,~~ ~~AS DEFINED IN 21 U.S.C. § 18~~
495		-	~~321(Z); 19~~
496		-
497		-	~~(2) PACKAGING FOR MEDICAL FOOD, AS DEFINED IN 21 U.S.C. § 20~~
498		-	~~360EE~~(B)~~(3); 21~~
499		-
500		-	~~(3) PACKAGING FOR A FORTI FIED ORAL NUTRITIONAL SUPPLEME NT, 22~~
501		-	~~OR FOOD WHICH IS FOR MULATED TO BE CONSUM ED OR ADMINISTERED E NTERALLY 23~~
502		-	FOR ~~INDIVIDUALS WHO ARE UNABLE TO CONSUM E NUTRITION ORALLY ,~~ USED ~~BY 24~~
503		-	~~INDIVIDUALS WHO REQU IRE SUPPLEMENTAL OR SOLE SOURCE NUTRITIO N TO MEET 25~~
504		-	~~NUTRITIONAL OR SPECI AL DIETARY NEEDS DIRECTLY RELATED TO THE FOLLO WING 26~~
505		-	~~CONDITIONS AS DEFINE D BY THE INTERNATIONAL CLASSIFICATION OF DISEASES, 27~~
506		-	~~TENTH REVISION: 28~~
507		-
508		-	~~(I) CANCER;~~ 29
509		-
510		-	~~(II) CHRONIC KIDNEY DISEAS E; 30~~
511		-
512		-	~~(III) DIABETES~~; 31
	332	+	(6) In accordance with the State budget, the Fund shall be used only: 1
	333	+
	334	+	(i) To provide grants to the counties to be used by the counties to 2
	335	+	develop and implement local recycling plans; 3
	336	+
	337	+	(ii) To provide grants to counties that have addressed methods for 4
	338	+	the separate collection and recycling of covered electronic devices in accordance with § 5
	339	+	9–1703(c)(1) of this subtitle; 6
	340	+
	341	+	(iii) To provide grants to municipalities to be used by the 7
	342	+	municipalities to implement local covered electronic device recycling programs; 8
	343	+
	344	+	(iv) To cover the costs of the Paint Stewardship Program plan review 9
	345	+	under § 9–1733(b) of this subtitle, the annual report review under § 9–1733(h) of this 10
	346	+	subtitle, and associated costs for Program compliance oversight; [and] 11
	347	+
	348	+	(V) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 12
	349	+	SUBSECTION, TO COVER THE COSTS O F A STATEWIDE RECYCL ING NEEDS 13
	350	+	ASSESSMENT CONDUCTED UNDER § 9–1702.2 OF THIS SUBTITLE; 14
	351	+
	352	+	(VI) IN ACCORDANCE WITH PA RAGRAPH (7) OF THIS 15
	353	+	SUBSECTION, TO COVER THE COSTS O F PRODUCER RESPONSIB ILITY PLAN REVIEW , 16
	354	+	OVERSIGHT, AND ENFORCEMENT UNDE R SUBTITLE 25 OF THIS TITLE; AND 17
	355	+
	356	+	[(v)] (VII) To carry out the purposes of the land management 18
	357	+	administration. 19
	358	+
	359	+	(7) (I) THERE IS A SEPARATE ACCOUNT WIT HIN THE FUND. 20
	360	+
	361	+	(II) THE SEPARATE ACCOUNT SHALL CONSIST OF : 21
	362	+
	363	+	1. ANY FEES COLLECTED FR OM PRODUCER 22
	364	+	RESPONSIBILITY ORGAN IZATIONS UNDER § 9–1702.2 OF THIS SUBTITLE OR 23
	365	+	SUBTITLE 25 OF THIS TITLE; AND 24
	366	+
	367	+	2. ALL FINES AND PENALTI ES COLLECTED UNDER § 25
	368	+	9–2510 § 9–2512 OF THIS TITLE. 26
	369	+
	370	+	(III) THE SEPARATE ACCOUNT SHALL BE USED ONLY F OR THE 27
	371	+	COSTS OF STATEWIDE R ECYCLING NEEDS ASSES SMENTS CONDUCTED UND ER § 28
	372	+	9–1702.2 OF THIS SUBTITLE AND PRODUCER RESPONSIBIL ITY PLAN REVIEW , 29
	373	+	OVERSIGHT, AND ENFORCEMENT UNDER SUBTITLE 25 OF THIS TITLE. 30
	374	+
	375	+	[(7)] (8) (i) The Treasurer shall invest the money in the Fund in the 31
	376	+	same manner as other State money may be invested. 32 SENATE BILL 901 9
	377	+
	378	+
	379	+
	380	+	(ii) Any investment earnings of the Fund shall be credited to the 1
	381	+	General Fund of the State. 2
	382	+
	383	+	Subtitle 25. Producer Responsibility for Packaging [Materials] AND PAPER PRODUCTS. 3
	384	+
	385	+	9–2501. 4
	386	+
	387	+	(a) In this subtitle the following words have the meanings indicated. 5
	388	+
	389	+	(b) “Advisory council” means the producer responsibility advisory council 6
	390	+	established under § 9–2503 of this subtitle. 7
	391	+
	392	+	(c) “BEVERAGE CONTAINER ” MEANS A PREPACKAGED BEVERAGE 8
	393	+	CONTAINER: 9
	394	+
	395	+	(1) MADE OF ANY MATERIAL , INCLUDING GLASS , PLASTIC, METAL, OR 10
	396	+	MULTIMATERIALS ; 11
	397	+
	398	+	(2) IN ANY FORM, INCLUDING A BOTTLE , CAN, CARTON, OR POUCH; 12
	399	+	AND 13
	400	+
	401	+	(3) THE VOLUME OF WHICH I S NOT MORE THAN 5 LITERS. 14
	402	+
	403	+	(D) “BRAND OWNER ” MEANS A PERSON THAT OWNS OR LICENSES A B RAND 15
	404	+	OR THAT OTHERWISE HAS R IGHTS TO MARKET A PR ODUCT UNDER THE BRAN D, 16
	405	+	WHETHER OR NOT THE B RAND’S TRADEMARK IS REGIS TERED. 17
	406	+
	407	+	(E) “COMPOSTING” AND “COMPOSTING FACILITY ” HAVE THE MEANINGS 18
	408	+	STATED IN § 9–1701 OF THIS TITLE. 19
	409	+
	410	+	(F) “COVERED ENTITY ” MEANS A PERSON OR LO CATION THAT RECEIVES 20
	411	+	COVERED SERVICES FOR COVERED MATERIALS IN ACCORDANCE WITH THE 21
	412	+	REQUIREMENTS OF THIS SUBTITLE, INCLUDING: 22
	413	+
	414	+	(1) A SINGLE–FAMILY RESIDENCE ; 23
	415	+
	416	+	(2) A MULTIFAMILY RESIDENC E; 24
	417	+
	418	+	(3) A PUBLIC OR NONPUBLIC KINDERGARTEN , ELEMENTARY , OR 25
	419	+	SECONDARY SCHOOL ; 26
	420	+
	421	+	(4) A CHILD CARE CENTER , AS DEFINED IN § 9.5–401 OF THE 27
	422	+	EDUCATION ARTICLE; AND 28
	423	+	10 SENATE BILL 901
	424	+
	425	+
	426	+	(5) A PUBLIC BUILDING OWNE D OR OPERATED BY THE STATE OR A 1
	427	+	LOCAL GOVERNMENT . 2
	428	+
	429	+	(G) (1) “COVERED MATERIALS ” MEANS PACKAGING AND PAPER 3
	430	+	PRODUCTS SOLD , OFFERED FOR SALE , IMPORTED, OR DISTRIBUTED IN TH E STATE. 4
	431	+
	432	+	(2) “COVERED MATERIALS ” DOES NOT INCLUDE EXE MPT MATERIALS . 5
	433	+
	434	+	(H) “COVERED MATERIAL TYPE ” MEANS A SINGULAR AND SPECIFIC TYPE OF 6
	435	+	COVERED MATERIAL , SUCH AS PAPER , PLASTIC, METAL, OR GLASS, THAT: 7
	436	+
	437	+	(1) CAN BE CATEGORIZED BA SED ON DISTINGUISHIN G CHEMICAL OR 8
	438	+	PHYSICAL PROPERTIES , INCLUDING PROPERTIES THAT ALLOW THE MATER IAL TYPE 9
	439	+	TO BE AGGREGATED INTO A DISCRETE COMM ODITY CATEGORY FOR P URPOSES OF 10
	440	+	REUSE, RECYCLING, OR COMPOSTING ; AND 11
	441	+
	442	+	(2) IS BASED ON SIMILAR U SES IN THE FORM OF A PRODUCT OR 12
	443	+	PACKAGE. 13
	444	+
	445	+	(I) (1) “COVERED SERVICES ” MEANS: 14
	446	+
	447	+	(I) COLLECTING, TRANSFERRING , TRANSPORTING , SORTING, 15
	448	+	PROCESSING, RECOVERING , PREPARING, OR OTHERWISE MANAGIN G COVERED 16
	449	+	MATERIALS FOR PURPOS ES OF WASTE REDUCTIO N, REUSE, RECYCLING, OR 17
	450	+	COMPOSTING ; AND 18
	451	+
	452	+	(II) PUBLIC EDUCATION AND OUTREACH ACTIVITIES RELATED 19
	453	+	TO THE ACTIVITIES DE SCRIBED IN SUBPARAGR APH (I) OF THIS PARAGRAPH. 20
	454	+
	455	+	(2) “COVERED SERVICES ” DOES NOT INCLUDE DIS POSAL OF 21
	456	+	COVERED MATERIALS . 22
	457	+
	458	+	(J) “DE MINIMIS PRODUCER ” MEANS A PERSON THAT IN THEIR MOST 23
	459	+	RECENT FISCAL YEAR : 24
	460	+
	461	+	(1) INTRODUCED LESS THAN 1 TON OF COVERED MATER IAL INTO THE 25
	462	+	STATE; OR 26
	463	+
	464	+	(2) EARNED GLOBAL GROSS REVENUE S OF LESS THAN $2,000,000. 27
	465	+
	466	+	(K) “ENVIRONMENTAL IMPACT ” MEANS THE IMPACT OF A COVERED 28
	467	+	MATERIAL ON HUMAN HE ALTH AND THE ENVIRON MENT, BEGINNING WITH THE 29
	468	+	EXTRACTION AND PROCE SSING OF THE RAW MAT ERIALS THAT COMPOSE THE 30
	469	+	COVERED MATERIAL THR OUGH THE MANUFACTURI NG, DISTRIBUTION, USE, 31 SENATE BILL 901 11
	470	+
	471	+
	472	+	RECOVERY FOR REUSE , RECYCLING OR COMPOST ING, AND FINAL DISPOSAL O F THE 1
	473	+	COVERED MATERIAL . 2
	474	+
	475	+	(L) “EXEMPT MATERIAL ” MEANS A MATERIAL , OR ANY PORTION OF A 3
	476	+	MATERIAL, THAT IS: 4
	477	+
	478	+	(1) PACKAGING FOR INFANT FORMULA, AS DEFINED IN 21 U.S.C. § 5
	479	+	321(Z); 6
	480	+
	481	+	(2) PACKAGING FOR MEDICAL FOOD, AS DEFINED IN 21 U.S.C. § 7
	482	+	360EE(B)(3); 8
	483	+
	484	+	(3) PACKAGING FOR A FORTI FIED ORAL NUTRITIONA L SUPPLEMENT 9
	485	+	USED BY INDIVIDUALS WHO REQUIRE SUPPLEME NTAL OR SOLE SOURCE NUTRITION 10
	486	+	TO MEET NUTRITIONAL OR SPECIAL DIETARY NEED S DIRECTLY RELATED T O THE 11
	487	+	FOLLOWING CONDITIONS AS DEFINED BY THE INTERNATIONAL CLASSIFICATION OF 12
	488	+	DISEASES, TENTH REVISION: 13
	489	+
	490	+	(I) CANCER; 14
	491	+
	492	+	(II) CHRONIC KIDNEY DISEAS E; 15
	493	+
	494	+	(III) DIABETES; 16
	495	+
	496	+	(IV) MALNUTRITION; OR 17
	497	+
	498	+	(V) FAILURE TO THRIVE ; 18
	499	+
	500	+	(4) PACKAGING FOR A PRODU CT REGULATED AS A DR UG OR MEDICAL 19
	501	+	DEVICE BY THE U.S. FOOD AND DRUG ADMINISTRATION , INCLUDING ASSOCIATED 20
	502	+	COMPONENTS AND CONSU MABLE MEDICAL EQUIPM ENT; 21
	503	+
	504	+	(5) PACKAGING FOR MEDICAL EQUIPMENT OR A PRODU CT USED IN 22
	505	+	MEDICAL SETTINGS THA T IS REGULATED BY TH E U.S. FOOD AND DRUG 23
	506	+	ADMINISTRATION , INCLUDING ASSOCIATED COMPONENTS AND CONSU MABLE 24
	507	+	MEDICAL EQUIPMENT ; 25
	508	+
	509	+	(6) DRUGS, BIOLOGICAL PRODUCTS , PARASITICIDES, MEDICAL 26
	510	+	DEVICES, OR IN VITRO DIAGNOST ICS THAT ARE USED TO TREAT, OR THAT ARE 27
	511	+	ADMINISTERED TO , ANIMALS AND ARE REGU LATED BY: 28
	512	+
	513	+	(I) THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE 29
	514	+	FEDERAL FOOD, DRUG, AND COSMETIC ACT; OR 30
513	515		12 SENATE BILL 901
514	516
515	517
516		-	(IV) MALNUTRITION; OR 1
517		-
518		-	(V) FAILURE TO THRIV E; 2
519		-
520		-	(4) PACKAGING FOR A PRODU CT REGULATED AS A DR UG OR MEDICAL 3
521		-	DEVICE BY THE U.S. FOOD AND DRUG ADMINISTRATION , INCLUDING ASSOCIATED 4
522		-	COMPONENTS AND CONSU MABLE MEDICAL EQUIPM ENT; 5
523		-
524		-	(5) PACKAGING FOR MEDICAL EQUIPMENT OR A PRODU CT USED IN 6
525		-	MEDICAL SETTINGS THAT IS REGULATED BY THE U.S. FOOD AND DRUG 7
526		-	ADMINISTRATION , INCLUDING ASSOCIATED COMPONENTS AND CONSU MABLE 8
527		-	MEDICAL EQUIPMENT ; 9
528		-
529		-	(6) DRUGS, BIOLOGICAL PRODUCTS , PARASITICIDES, MEDICAL 10
530		-	DEVICES, OR IN VITRO DIAGNOST ICS THAT ARE USED TO TREAT, OR THAT ARE 11
531		-	ADMINISTERED TO , ANIMALS AND ARE REGU LATED BY: 12
532		-
533		-	(I) THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE 13
534		-	FEDERAL FOOD, DRUG, AND COSMETIC ACT; OR 14
535		-
536		-	(II) THE U.S. DEPARTMENT OF AGRICULTURE UNDER THE 15
537		-	FEDERAL VIRUS–SERUM–TOXIN ACT; 16
538		-
539		-	(7) PACKAGING FOR PRODUCT S REGULATED BY THE U.S. 17
540		-	ENVIRONMENTAL PROTECTION AGENCY UNDER THE FEDE RAL INSECTICIDE, 18
541		-	FUNGICIDE, AND RODENTICIDE ACT; 19
542		-
543		-	(8) PACKAGING USED TO CON TAIN LIQUEFIED PETRO LEUM GAS AND 20
544		-	DESIGNED TO BE REFIL LED; 21
545		-
546		-	(9) NEWSPRINT SUBJECT TO § 9–1707 OF THIS TITLE; 22
547		-
548		-	(10) A PAPER PRODUCT USED F OR A MAGAZINE ’S PRINT PUBLICATION 23
549		-	THAT HAS A CIRCULATI ON OF LESS THAN 95,000 AND THAT PRIMARILY I NCLUDES 24
550		-	CONTENT DERIVED FROM PRIMARY SOURCES RELA TED TO NEWS AND CURR ENT 25
551		-	EVENTS; 26
552		-
553		-	(11) PACKAGING USED TO CON TAIN HAZARDOUS OR FLAMMABLE 27
554		-	PRODUCTS REGULATED U NDER THE 2012 FEDERAL OCCUPATIONAL SAFETY AND 28
555		-	HEALTH ADMINISTRATION HAZARD COMMUNICATION STANDARD THAT PREVENT 29
556		-	THE PACKAGING FROM B EING WASTE REDUCED O R MADE REUSABLE , RECYCLABLE , 30
557		-	OR COMPOSTABLE , AS DETERMINED BY THE DEPARTMEN T; 31
	518	+	(II) THE U.S. DEPARTMENT OF AGRICULTURE UNDER THE 1
	519	+	FEDERAL VIRUS–SERUM–TOXIN ACT; 2
	520	+
	521	+	(7) PACKAGING FOR PRODUCTS RE GULATED BY THE U.S. 3
	522	+	ENVIRONMENTAL PROTECTION AGENCY UNDER THE FEDE RAL INSECTICIDE, 4
	523	+	FUNGICIDE, AND RODENTICIDE ACT; 5
	524	+
	525	+	(8) PACKAGING USED TO CON TAIN LIQUEFIED PETRO LEUM GAS AND 6
	526	+	DESIGNED TO BE REFIL LED; 7
	527	+
	528	+	(9) NEWSPRINT SUBJECT TO § 9–1707 OF THIS TITLE; 8
	529	+
	530	+	(10) A PAPER PRODUCT USED F OR A MAGAZINE ’S PRINT PUBLICATION 9
	531	+	THAT HAS A CIRCULATI ON OF LESS THAN 95,000 AND THAT PRIMARILY I NCLUDES 10
	532	+	CONTENT DERIVED FROM PRIMARY SOURCES RELA TED TO NEWS AND CURR ENT 11
	533	+	EVENTS; 12
	534	+
	535	+	(11) PACKAGING USED TO CONTAIN HAZARDOUS OR FLAMMABLE 13
	536	+	PRODUCTS REGULATED U NDER THE 2012 FEDERAL OCCUPATIONAL SAFETY AND 14
	537	+	HEALTH ADMINISTRATION HAZARD COMMUNICATION STANDARD THAT PREVENT 15
	538	+	THE PACKAGING FROM B EING WASTE REDUCED O R MADE REUSABLE , RECYCLABLE , 16
	539	+	OR COMPOSTABLE , AS DETERM INED BY THE DEPARTMENT ; 17
	540	+
	541	+	(12) PACKAGING COLLECTED A ND PROPERLY MANAGED THROUGH 18
	542	+	THE PAINT STEWARDSHIP PROGRAM UNDER SUBTITLE 17, PART V OF THIS TITLE; 19
	543	+	OR 20
	544	+
	545	+	(13) MATERIAL THAT A PRODU CER DISTRIBUTES TO A NOTHER 21
	546	+	PRODUCER THAT IS : 22
	547	+
	548	+	(I) SUBSEQUENTLY USED TO CONTAIN A PRODUCT , AND THE 23
	549	+	PRODUCT IS DISTRIBUT ED TO A COMMERCIAL B USINESS OR ENTITY ; AND 24
	550	+
	551	+	(II) NOT INTRODUCED TO A P ERSON OTHER THAN THE 25
	552	+	COMMERCIAL OR BUSINE SS ENTITY THAT FIRST RECEIVED THE PRODUCT . 26
	553	+
	554	+	(D) (M) “Local government” means: 27
	555	+
	556	+	(1) A county; or 28
	557	+
	558	+	(2) A municipality. 29
	559	+
	560	+	[(d)] (E) “Organics recycling” has the meaning stated in § 9–1701 of this title. 30
558	561		SENATE BILL 901 13
559	562
560	563
561		-	(12) PACKAGING COLLECTED AND PROPER LY MANAGED THROUGH 1
562		-	FOR PRODUCTS SUBJECT TO THE PAINT STEWARDSHIP PROGRAM UNDER SUBTITLE 2
563		-	17, PART V OF THIS TITLE; OR 3
564		-
565		-	(13) MATERIAL THAT A PRODU CER DISTRIBUTES TO A NOTHER 4
566		-	PRODUCER THAT IS : 5
567		-
568		-	(I) SUBSEQUENTLY USED TO CONTAIN A PR ODUCT, AND THE 6
569		-	PRODUCT IS DISTRIBUT ED TO A COMMERCIAL B USINESS OR ENTITY ; AND 7
570		-
571		-	(II) NOT INTRODUCED TO A P ERSON OTHER THAN THE 8
572		-	COMMERCIAL OR BUSINE SS ENTITY THAT FIRST RECEIVED THE PRODUCT ; OR 9
573		-
574		-	(14) PACKAGING USED FOR TH E LONG–TERM PROTECTION OR 10
575		-	STORAGE OF A PRODUCT THAT HAS A LIFESPAN OF NOT LESS THAN 5 YEARS, AS 11
576		-	DETERMINED BY THE DEPARTMENT . 12
577		-
578		-	(D) (M) “Local government” means: 13
579		-
580		-	(1) A county; or 14
581		-
582		-	(2) A municipality. 15
583		-
584		-	[(d)] (E) “Organics recycling” has the meaning stated in § 9–1701 of this title. 16
585		-
586		-	(F) “ORGANICS RECYCLING FA CILITY” HAS THE MEANING STAT ED IN § 17
587		-	9–1701 OF THIS TITLE. 18
588		-
589		-	(G) “PACKAGING MATERIAL WA STE” MEANS THE PERCENTAGE OF THE 19
590		-	TOTAL WEIGHT OF PACK AGING MATERIALS SOLD OR DISTRIBUTED IN TH E STATE 20
591		-	THAT ARE NOT RECYCLED, REUSED, OR COMPOSTED . 21
592		-
593		-	[(e)] (H) (N) (1) “Packaging materials” means, regardless of recyclability, 22
594		-	any part of a package or container, including material that is used for the containment, 23
595		-	protection, handling, delivery, and presentation of a product MEANS A MATERIAL , A 24
596		-	SUBSTANCE, OR AN OBJECT THAT IS USED TO PROTECT , CONTAIN, TRANSPORT, 25
597		-	SERVE, OR FACILITATE THE DE LIVERY OF A PRODUCT THAT IS SOLD OR SUPP LIED 26
598		-	WITH THE PRODUCT TO THE CONSUMER FOR PER SONAL, NONCOMMERCIAL USE AN D 27
599		-	that is sold, offered for sale, imported, or distributed in the State. 28
600		-
601		-	(2) “Packaging materials” includes: 29
602		-
603		-	(i) Primary, secondary, and tertiary packaging intended for the 30
604		-	consumer market; 31
605		-	14 SENATE BILL 901
606		-
607		-
608		-	(ii) Service packaging designed and intended to be filled at the point 1
609		-	of sale, including: 2
610		-
611		-	1. Carry–out bags; 3
612		-
613		-	2. Bulk goods bags; and 4
614		-
615		-	3. Take–out and home delivery food service packaging; and 5
616		-
617		-	(iii) Beverage containers. 6
618		-
619		-	(3) “Packaging materials” does not include: 7
620		-
621		-	(i) Any part of a package or container that is sold or supplied in 8
622		-	connection with: 9
623		-
624		-	1. A pesticide product regulated by the Federal Insecticide, 10
625		-	Fungicide, and Rodenticide Act under 7 U.S.C. § 136 et seq. or any other applicable federal 11
626		-	law, rule, or regulation; 12
627		-
628		-	2. A federally regulated drug, medical device, biologic, 13
629		-	diagnostic, or dietary supplement including items intended for animals; or 14
630		-
631		-	3. A medical product that is required to be sterile or enclosed 15
632		-	in packaging with tamper–resistant seals to protect public health, including medical 16
633		-	products intended for animals; or 17
634		-
635		-	(ii) Liquefied petroleum gas containers that are designed to be 18
636		-	refilled. 19
637		-
638		-	(O) (1) “PAPER PRODUCTS ” MEANS PRODUCTS MADE PRIMARILY FROM 20
639		-	WOOD PULP OR OTHER C ELLULOSIC FIBERS . 21
640		-
641		-	(2) “PAPER PRODUCTS ” DOES NOT INCLUDE : 22
642		-
643		-	(I) BOUND BOOKS ; OR 23
644		-
645		-	(II) PRODUCTS THAT ARE NOT ACCEPTED BY MATERIAL S 24
646		-	RECYCLING FACILITIES OR COMPOSTING FACILI TIES BECAUSE OF THE UNSAFE OR 25
647		-	UNSANITARY NATURE OF THE PRODUCTS . 26
648		-
649		-	[(f)] (I) (P) (1) “Producer” means a person that THE FOLLOWING PERSON , AS 27
650		-	APPLICABLE, THAT IS RESPONSIBLE FOR COMPLIANCE WITH A PRODUCER 28
651		-	RESPONSIBILITY PLAN UNDER THIS SUBTITLE : 29
652		-	SENATE BILL 901 15
653		-
654		-
655		-	(i) With respect to packaging materials used to directly protect or 1
656		-	contain a product sold, offered for sale, or distributed in the State: 2
657		-
658		-	1. A. Has legal ownership of the brand of the product 3
659		-	under which the product is sold; or 4
660		-
661		-	B. Is the manufacturer of the product, if the product is sold 5
662		-	in packaging materials that lack identification of the brand; 6
663		-
664		-	2. Is the licensee of the brand or trademark under which the 7
665		-	product is sold, whether or not the trademark is registered in the State, if the product is 8
666		-	manufactured by a person other than the brand owners; or 9
667		-
668		-	3. Is the person that imports the product into the United 10
669		-	States for use in a commercial enterprise that sells, offers for sale, or distributes the item 11
670		-	in the State, if there is no person described in items 1 and 2 of this item FOR ITEMS SOLD 12
671		-	IN OR WITH PACKAGING AT A PHYSICAL RETAIL LOCATION IN THE STATE: 13
672		-
673		-	1. IF THE ITEM IS SOLD I N OR WITH PACKAGING UNDER 14
674		-	THE BRAND OF THE ITE M MANUFACTURER OR IS SOLD IN PACKAGING WI THOUT 15
675		-	BRAND IDENTIFICATION , THE PRODUCER IS THE ITEM MANUFACTURER ; 16
676		-
677		-	2. IF THERE IS NO PERSON DESCRIBED IN ITEM 1 OF 17
678		-	THIS ITEM, THE PRODUCER IS THE PERSON THAT IS LICEN SED TO MANUFACTURE 18
679		-	AND SELL OR OFFER FO R SALE TO CONSUMERS IN THE STATE AN ITEM WITH 19
680		-	PACKAGING UNDER THE BRAND OR TRADEMARK O F ANOTHER MANUFACTUR ER OR 20
681		-	PERSON; 21
682		-
683		-	3. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 AND 22
684		-	2 OF THIS ITEM, THE PRODUCER IS THE BRAND OWNER OF THE I TEM; 23
685		-
686		-	4. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 24
687		-	THROUGH 3 OF THIS ITEM WITHIN THE UNITED STATES, THE PRODUCER IS THE 25
688		-	PERSON THAT IMPORTS THE PRODUCT INTO THE UNITED STATES FOR USE IN A 26
689		-	COMMERCIAL ENTERPRIS E THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE 27
690		-	ITEM IN THE STATE; OR 28
691		-
692		-	5. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 29
693		-	THROUGH 4 OF THIS ITEM, THE PRODUCER IS THE PERSON THAT FIRST DI STRIBUTES 30
694		-	THE ITEM IN OR INTO THE STATE; and 31
695		-
696		-	(ii) With respect to packaging materials used to ship a product to a 32
697		-	consumer in the State, is the person that packages and ships the product FOR ITEMS SOLD 33
698		-	OR DISTRIBUTED IN PA CKAGING IN OR INTO T HE STATE VIA E–COMMERCE , REMOTE 34
699		-	SALE, OR ONLINE DISTRIBUTIO N: 35 16 SENATE BILL 901
700		-
701		-
702		-
703		-	1. FOR PACKAGING USED DI RECTLY TO PROTECT OR 1
704		-	CONTAIN THE ITEM , THE PRODUCER OF THE PACKAGING IS A PRODU CER UNDER 2
705		-	ITEM (I) OF THIS PARAGRAPH ; AND 3
706		-
707		-	2. FOR PACKAGING USED TO SHIP THE ITEM TO A 4
708		-	CONSUMER , THE PRODUCER OF THE PACKAGING IS THE PERSON THAT PACKAGES 5
709		-	THE ITEM TO BE SHIPP ED TO THE CONSUMER ; 6
710		-
711		-	(III) FOR PACKAGING THAT IS NOT DESCRIBED IN ITE MS (I) AND 7
712		-	(II) OF THIS PARAGRAPH , THE PRODUCER OF THE PACKAGING IS THE PER SON THAT 8
713		-	FIRST DISTRIBUTES TH E ITEM IN OR INTO TH E STATE; 9
714		-
715		-	(IV) FOR PAPER PRODUCTS TH AT ARE MAGAZINES , CATALOGS, 10
716		-	TELEPHONE DIRECTORIE S, OR SIMILAR PUBLICATI ONS, THE PRODUCER IS THE 11
717		-	PUBLISHER; 12
718		-
719		-	(V) FOR A PAPER PRODUCT N OT DESCRIBED IN ITEM (IV) OF 13
720		-	THIS PARAGRAPH : 14
721		-
722		-	1. IF THE PAPER PRODUCT IS SOLD UND ER THE 15
723		-	MANUFACTURER ’S OWN BRAND , THE PRODUCER IS THE PERSON THAT 16
724		-	MANUFACTURES THE PAP ER PRODUCT; 17
725		-
726		-	2. IF THERE IS NO PERSON DESCRIBED IN ITEM 1 OF 18
727		-	THIS ITEM, THE PRODUCER IS THE PERSON THAT IS THE O WNER OR LICENSEE OF A 19
728		-	BRAND OR TRADEMARK U NDER WHICH T HE PAPER PRODUCT IS USED IN A 20
729		-	COMMERCIAL ENTERPRIS E, SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN TH E 21
730		-	STATE, WHETHER OR NOT THE T RADEMARK IS REGISTER ED IN THE STATE; 22
731		-
732		-	3. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 AND 23
733		-	2 OF THIS ITEM, THE PRODUCER IS THE BRAND OWNER OF THE P APER PRODUCT ; OR 24
734		-
735		-	4. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 25
736		-	THROUGH 3 OF THIS ITEM WITHIN THE UNITED STATES, THE PRODUCER IS THE 26
737		-	PERSON THAT IMPORTS THE PAPER PRODUCT IN TO THE UNITED STATES FOR USE 27
738		-	IN A COMMERCIAL ENTE RPRISE THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES 28
739		-	THE PAPER PRODUCT IN THE STATE; AND 29
740		-
741		-	(IV) FOR A PRODUCER IDENTI FIED IN ITEMS (I) THROUGH (III) 30
742		-	OF THIS PARAGRAPH TH AT IS A BUSINESS OPE RATED WHOLLY OR IN P ART AS A 31
743		-	FRANCHISE, THE PRODUCER OF THE PACKAGING IS THE FRANCHISOR IF THE 32
744		-	FRANCHISOR HAS FRANC HISEES THAT HAVE A C OMMERCIAL PRESENCE I N THE 33
745		-	STATE. 34 SENATE BILL 901 17
746		-
747		-
748		-
749		-	(2) “Producer” does not include: 1
750		-
751		-	(i) A local government STATE, FEDERAL OR STATE AGE NCY, A 2
752		-	POLITICAL SUBDIVISIO N, OR OTHER GOVERNMENTA L UNIT; 3
753		-
754		-	(ii) A nonprofit REGISTERED 501(C)(3) charitable organization OR 4
755		-	501(C)(4) SOCIAL WELFARE ORGAN IZATION; 5
756		-
757		-	(iii) An entity that manufactures a drug or device authorized for sale 6
758		-	by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic 7
759		-	Act A DE MINIMIS PRODUCER ; 8
760		-
761		-	(iv) An entity that generated less than [$5,000,000] $1,000,000 in 9
762		-	gross revenue during the immediately preceding calendar year A MILL THAT USES ANY 10
763		-	VIRGIN WOOD FIBER IN THE PRODUCTS IT PROD UCES; 11
764		-
765		-	(v) An entity that sold, offered for sale, or distributed for sale in the 12
766		-	State during the immediately preceding calendar year less than 1 metric ton of packaging 13
767		-	materials A PAPER MILL THAT PROD UCES CONTAINER BOARD DERIVED FROM 100% 14
768		-	POSTCONSUMER RECYCLE D CONTENT AND NONPOS TCONSUM ER RECYCLED 15
769		-	CONTENT; 16
770		-
771		-	(vi) 1. An entity that owns or operates a restaurant, food cart, or 17
772		-	similar establishment that: 18
773		-
774		-	A. 1. Is headquartered in the State; and 19
775		-
776		-	B. 2. Primarily sells to members of the public food that is 20
777		-	generally intended to be consumed immediately and without the need for further 21
778		-	preparation, either on or off the premises; and 22
779		-
780		-	2. 3. Is not a producer of food serviceware; 23
781		-
782		-	(vii) An entity that owns or operates a single retail sales 24
783		-	establishment that: 25
784		-
785		-	1. Has no online sales; and 26
786		-
787		-	2. Is not supplied or operated as part of a franchise or a 27
788		-	chain; or 28
789		-
790		-	(viii) 1. An entity that is licensed under Title 2 of the Alcoholic 29
791		-	Beverages and Cannabis Article; and 30
792		-	18 SENATE BILL 901
793		-
794		-
795		-	2. Generated less than $10,000,000 in gross revenue during 1
796		-	the immediately preceding calendar year; or 2
797		-
798		-	(ix) An entity A PRODUCER UNDER PARAG RAPH (1) OF THIS 3
799		-	SUBSECTION that has executed an agreement with another entity, under which the other 4
800		-	entity has agreed to assume responsibility BY WRITTEN CERTIFIC ATION under a producer 5
801		-	responsibility program for any packaging materials attributable to the first entity. 6
802		-
803		-	[(g)] (J) (Q) “Producer responsibility organization” means a nonprofit organization 7
804		-	that is: 8
805		-
806		-	(1) Exempt from taxation under § 501(c)(3) of the Internal Revenue Code; 9
807		-	and 10
808		-
809		-	(2) Created by a group of producers to [represent the interests of producers 11
810		-	under] IMPLEMENT A PRODUCER RESPONSIBILITY PLAN IN ACCORDANCE WITH this 12
811		-	subtitle. 13
812		-
813		-	(K) (R) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING 14
814		-	COVERED MATERIALS PRODUCER R ESPONSIBILITY PLAN S UBMITTED TO THE 15
815		-	DEPARTMENT BY A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION IN 16
816		-	ACCORDANCE WITH § 9–2505 OF THIS SUBTITLE. 17
817		-
818		-	(S) (1) “RECYCLING” MEANS THE PROCESS OF COLLECTING, SORTING, 18
819		-	CLEANSING, TREATING, AND CONSTITUTING MATERIA LS THAT WOULD OTHERW ISE 19
820		-	BE DISPOSED OF AND R ETURNING THEM TO OR MAINTAINING THEM WIT H THE 20
821		-	ECONOMIC MAINSTREAM IN THE FORM OF RECOV ERED MATERIAL FOR NE W, 21
822		-	REUSED, OR RECONSTITUTED PRO DUCTS THAT MEET THE QUALITY STANDARDS 22
823		-	NECESSARY TO BE U SED IN THE MARKETPLA CE. 23
824		-
825		-	(2) “RECYCLING” DOES NOT INCLUDE : 24
826		-
827		-	(I) LANDFILLING; 25
828		-
829		-	(II) COMBUSTION; 26
830		-
831		-	(III) INCINERATION ; 27
832		-
833		-	(IV) ENERGY GENERATION ; 28
834		-
835		-	(V) FUEL PRODUCTION ; OR 29
836		-
837		-	(VI) ALTERNATIVE DAILY COV ER OR OTHER FORMS OF USE OR 30
838		-	DISPOSAL WITHIN THE FOOTPRINT OF A LANDF ILL. 31
	564	+	(F) “ORGANICS RECYCLING FA CILITY” HAS THE MEANING STAT ED IN § 1
	565	+	9–1701 OF THIS TITLE. 2
	566	+
	567	+	(G) “PACKAGING MATERIAL WA STE” MEANS THE PERCENTAGE OF THE 3
	568	+	TOTAL WEIGHT OF PACK AGING MATERIALS SOLD OR DISTRIBUTED IN TH E STATE 4
	569	+	THAT ARE NOT RECYCLE D, REUSED, OR COMPOSTED . 5
	570	+
	571	+	[(e)] (H) (N) (1) “Packaging materials” means, regardless of recyclability, 6
	572	+	any part of a package or container, including material that is used for the containment, 7
	573	+	protection, handling, delivery, and presentation of a product MEANS A MATERIAL , A 8
	574	+	SUBSTANCE, OR AN OBJECT THAT IS USED TO PROTECT , CONTAIN, TRANSPORT, 9
	575	+	SERVE, OR FACILITATE THE DE LIVERY OF A PRODUCT THAT IS SOLD OR SUPP LIED 10
	576	+	WITH THE PRODUCT TO THE CONSUMER FOR PER SONAL, NONCOMMERCIAL USE AN D 11
	577	+	that is sold, offered for sale, imported, or distributed in the State. 12
	578	+
	579	+	(2) “Packaging materials” includes: 13
	580	+
	581	+	(i) Primary, secondary, and tertiary packaging intended for the 14
	582	+	consumer market; 15
	583	+
	584	+	(ii) Service packaging designed and intended to be filled at the point 16
	585	+	of sale, including: 17
	586	+
	587	+	1. Carry–out bags; 18
	588	+
	589	+	2. Bulk goods bags; and 19
	590	+
	591	+	3. Take–out and home delivery food service packaging; and 20
	592	+
	593	+	(iii) Beverage containers. 21
	594	+
	595	+	(3) “Packaging materials” does not include: 22
	596	+
	597	+	(i) Any part of a package or container that is sold or supplied in 23
	598	+	connection with: 24
	599	+
	600	+	1. A pesticide product regulated by the Federal Insecticide, 25
	601	+	Fungicide, and Rodenticide Act under 7 U.S.C. § 136 et seq. or any other applicable federal 26
	602	+	law, rule, or regulation; 27
	603	+
	604	+	2. A federally regulated drug, medical device, biologic, 28
	605	+	diagnostic, or dietary supplement including items intended for animals; or 29
	606	+
	607	+	3. A medical product that is required to be sterile or enclosed 30
	608	+	in packaging with tamper–resistant seals to protect public health, including medical 31
	609	+	products intended for animals; or 32 14 SENATE BILL 901
	610	+
	611	+
	612	+
	613	+	(ii) Liquefied petroleum gas containers that are designed to be 1
	614	+	refilled. 2
	615	+
	616	+	(O) (1) “PAPER PRODUCTS ” MEANS PRODUCTS MADE PRIMARILY FROM 3
	617	+	WOOD PULP OR OTHER C ELLULOSIC FIBERS . 4
	618	+
	619	+	(2) “PAPER PRODUCTS ” DOES NOT INCLUDE : 5
	620	+
	621	+	(I) BOUND BOOKS ; OR 6
	622	+
	623	+	(II) PRODUCTS THAT ARE NOT ACCEPTED BY MATERIAL S 7
	624	+	RECYCLING FACILITIES OR COMPOSTING FACILI TIES BECAUSE OF THE UNSAFE OR 8
	625	+	UNSANITARY NATURE OF THE PRODUCTS . 9
	626	+
	627	+	[(f)] (I) (P) (1) “Producer” means a person that THE FOLLOWING PERSON , AS 10
	628	+	APPLICABLE, THAT IS RESPONSIBLE FOR COMPLIANCE WITH A PRODUCER 11
	629	+	RESPONSIBILITY PLAN UNDER THIS SUBTITLE : 12
	630	+
	631	+	(i) With respect to packaging materials used to directly protect or 13
	632	+	contain a product sold, offered for sale, or distributed in the State: 14
	633	+
	634	+	1. A. Has legal ownership of the brand of the product 15
	635	+	under which the product is sold; or 16
	636	+
	637	+	B. Is the manufacturer of the product, if the product is sold 17
	638	+	in packaging materials that lack identification of the brand; 18
	639	+
	640	+	2. Is the licensee of the brand or trademark under which the 19
	641	+	product is sold, whether or not the trademark is registered in the State, if the product is 20
	642	+	manufactured by a person other than the brand owners; or 21
	643	+
	644	+	3. Is the person that imports the product into the United 22
	645	+	States for use in a commercial enterprise that sells, offers for sale, or distributes the item 23
	646	+	in the State, if there is no person described in items 1 and 2 of this item FOR ITEMS SOLD 24
	647	+	IN OR WITH PACKAGING AT A PHYSICAL RETAIL LOCATION IN THE STATE: 25
	648	+
	649	+	1. IF THE ITEM IS SOLD I N OR WITH PACKAGING UNDER 26
	650	+	THE BRAND OF THE ITE M MANUFACTURER OR IS SOLD IN PACKAGING WI THOUT 27
	651	+	BRAND IDENTIFICATION , THE PRODUCER IS THE ITEM MAN UFACTURER ; 28
	652	+
	653	+	2. IF THERE IS NO PERSON DESCRIBED IN ITEM 1 OF 29
	654	+	THIS ITEM, THE PRODUCER IS THE PERSON THAT IS LICEN SED TO MANUFACTURE 30
	655	+	AND SELL OR OFFER FO R SALE TO CONSUMERS IN THE STATE AN ITEM WITH 31 SENATE BILL 901 15
	656	+
	657	+
	658	+	PACKAGING UNDER THE BRAND OR TRADEMA RK OF ANOTHER MANUFA CTURER OR 1
	659	+	PERSON; 2
	660	+
	661	+	3. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 AND 3
	662	+	2 OF THIS ITEM, THE PRODUCER IS THE BRAND OWNER OF THE I TEM; 4
	663	+
	664	+	4. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 5
	665	+	THROUGH 3 OF THIS ITEM WITHIN THE UNITED STATES, THE PRODUCER IS THE 6
	666	+	PERSON THAT IMPORTS THE PRODUCT INTO THE UNITED STATES FOR USE IN A 7
	667	+	COMMERCIAL ENTERPRIS E THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE 8
	668	+	ITEM IN THE STATE; OR 9
	669	+
	670	+	5. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 10
	671	+	THROUGH 4 OF THIS ITEM, THE PRODUCER IS THE PERS ON THAT FIRST DISTRI BUTES 11
	672	+	THE ITEM IN OR INTO THE STATE; and 12
	673	+
	674	+	(ii) With respect to packaging materials used to ship a product to a 13
	675	+	consumer in the State, is the person that packages and ships the product FOR ITEMS SOLD 14
	676	+	OR DISTRIBUTED IN PACKA GING IN OR INTO THE STATE VIA E–COMMERCE , REMOTE 15
	677	+	SALE, OR ONLINE DISTRIBUTI ON: 16
	678	+
	679	+	1. FOR PACKAGING USED DI RECTLY TO PROTECT OR 17
	680	+	CONTAIN THE ITEM , THE PRODUCER OF THE PACKAGING IS A PRODU CER UNDER 18
	681	+	ITEM (I) OF THIS PARAGRAPH ; AND 19
	682	+
	683	+	2. FOR PACKAGING USED TO SHIP THE ITEM TO A 20
	684	+	CONSUMER , THE PRODUCER OF THE PACKAGING IS THE PER SON THAT PACKAGES 21
	685	+	THE ITEM TO BE SHIPP ED TO THE CONSUMER ; 22
	686	+
	687	+	(III) FOR PACKAGING THAT IS NOT DESCRIBED IN ITE MS (I) AND 23
	688	+	(II) OF THIS PARAGRAPH , THE PRODUCER OF THE PACKAGING IS THE PER SON THAT 24
	689	+	FIRST DISTRIBUTES TH E ITEM IN OR INTO TH E STATE; 25
	690	+
	691	+	(IV) FOR PAPER PRODUCTS TH AT ARE MAGAZINES , CATALOGS, 26
	692	+	TELEPHONE DIRECTORIE S, OR SIMILAR PUBLICATI ONS, THE PRODUCER IS THE 27
	693	+	PUBLISHER; 28
	694	+
	695	+	(V) FOR A PAPER PRODUCT N OT DESCRIBED IN ITEM (IV) OF 29
	696	+	THIS PARAGRAPH : 30
	697	+
	698	+	1. IF THE PAPER PRODUCT IS SOLD UNDER THE 31
	699	+	MANUFACTURER ’S OWN BRAND , THE PRODUCER IS THE PERSON THAT 32
	700	+	MANUFACTURES THE PAP ER PRODUCT; 33
	701	+	16 SENATE BILL 901
	702	+
	703	+
	704	+	2. IF THERE IS NO PERSON DESCRIBED IN ITEM 1 OF 1
	705	+	THIS ITEM, THE PRODUCER IS TH E PERSON THAT IS THE OWNER OR LICENSEE OF A 2
	706	+	BRAND OR TRADEMARK U NDER WHICH THE PAPER PRODUCT IS USED IN A 3
	707	+	COMMERCIAL ENTERPRIS E, SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN TH E 4
	708	+	STATE, WHETHER OR NOT THE T RADEMARK IS REGISTER ED IN THE STATE; 5
	709	+
	710	+	3. IF THERE IS NO PERSON DESCRIB ED IN ITEMS 1 AND 6
	711	+	2 OF THIS ITEM, THE PRODUCER IS THE BRAND OWNER OF THE P APER PRODUCT ; OR 7
	712	+
	713	+	4. IF THERE IS NO PERSON DESCRIBED IN ITEMS 1 8
	714	+	THROUGH 3 OF THIS ITEM WITHIN THE UNITED STATES, THE PRODUCER IS THE 9
	715	+	PERSON THAT IMPORTS THE PAPER PRODUCT INTO T HE UNITED STATES FOR USE 10
	716	+	IN A COMMERCIAL ENTE RPRISE THAT SELLS , OFFERS FOR SALE , OR DISTRIBUTES 11
	717	+	THE PAPER PRODUCT IN THE STATE; AND 12
	718	+
	719	+	(IV) FOR A PRODUCER IDENTI FIED IN ITEMS (I) THROUGH (III) 13
	720	+	OF THIS PARAGRAPH TH AT IS A BUSINESS OPERATED WHOLLY OR I N PART AS A 14
	721	+	FRANCHISE, THE PRODUCER OF THE PACKAGING IS THE FRA NCHISOR IF THE 15
	722	+	FRANCHISOR HAS FRANC HISEES THAT HAVE A C OMMERCIAL PRESENCE I N THE 16
	723	+	STATE. 17
	724	+
	725	+	(2) “Producer” does not include: 18
	726	+
	727	+	(i) A local government STATE, FEDERAL OR STAT E AGENCY, A 19
	728	+	POLITICAL SUBDIVISIO N, OR OTHER GOVERNMENTA L UNIT; 20
	729	+
	730	+	(ii) A nonprofit REGISTERED 501(C)(3) charitable organization OR 21
	731	+	501(C)(4) SOCIAL WELFARE ORGAN IZATION; 22
	732	+
	733	+	(iii) An entity that manufactures a drug or device authorized for sale 23
	734	+	by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic 24
	735	+	Act A DE MINIMIS PRODUCER ; 25
	736	+
	737	+	(iv) An entity that generated less than [$5,000,000] $1,000,000 in 26
	738	+	gross revenue during the immediately preceding calendar year A MILL THAT USES ANY 27
	739	+	VIRGIN WOOD FIBER IN THE PRODUCTS IT PROD UCES; 28
	740	+
	741	+	(v) An entity that sold, offered for sale, or distributed for sale in the 29
	742	+	State during the immediately preceding calendar year less than 1 metric ton of packaging 30
	743	+	materials A PAPER MILL THAT PROD UCES CONTAINER BOARD DERIVED FROM 100% 31
	744	+	POSTCONSUMER RECYCLE D CONTENT AND NONPOS TCONSUMER RECYCLED 32
	745	+	CONTENT; 33
	746	+
	747	+	(vi) 1. An entity that owns or operates a restaurant, food cart, or 34
	748	+	similar establishment that: 35 SENATE BILL 901 17
	749	+
	750	+
	751	+
	752	+	A. Is headquartered in the State; and 1
	753	+
	754	+	B. Primarily sells to members of the public food that is 2
	755	+	generally intended to be consumed immediately and without the need for further 3
	756	+	preparation, either on or off the premises; and 4
	757	+
	758	+	2. Is not a producer of food serviceware; 5
	759	+
	760	+	(vii) An entity that owns or op erates a single retail sales 6
	761	+	establishment that: 7
	762	+
	763	+	1. Has no online sales; and 8
	764	+
	765	+	2. Is not supplied or operated as part of a franchise or a 9
	766	+	chain; or 10
	767	+
	768	+	(viii) 1. An entity that is licensed under Title 2 of the Alcoholic 11
	769	+	Beverages and Cannabis Article; and 12
	770	+
	771	+	2. Generated less than $10,000,000 in gross revenue during 13
	772	+	the immediately preceding calendar year; or 14
	773	+
	774	+	(ix) An entity A PRODUCER UNDER PARAG RAPH (1) OF THIS 15
	775	+	SUBSECTION that has executed an agreement with another entity, under which the other 16
	776	+	entity has agreed to assume responsibility BY WRITTEN CERTIFICA TION under a producer 17
	777	+	responsibility program for any packaging materials attributable to the first entity. 18
	778	+
	779	+	[(g)] (J) (Q) “Producer responsibility organization” means a nonprofit organization 19
	780	+	that is: 20
	781	+
	782	+	(1) Exempt from taxation under § 501(c)(3) of the Internal Revenue Code; 21
	783	+	and 22
	784	+
	785	+	(2) Created by a group of producers to [represent the interests of producers 23
	786	+	under] IMPLEMENT A PRODUCER RESPONSIBILITY PLAN IN ACCORDANCE WITH this 24
	787	+	subtitle. 25
	788	+
	789	+	(K) (R) “PRODUCER RESPONSIBILI TY PLAN” MEANS A PACKAGING 26
	790	+	COVERED MATERIALS PRODUCER R ESPONSIBILITY PLAN S UBMITTED TO THE 27
	791	+	DEPARTMENT BY A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION IN 28
	792	+	ACCORDANCE WITH § 9–2505 OF THIS SUBTITLE. 29
	793	+
	794	+	(S) (1) “RECYCLING” MEANS THE PROCESS OF COLLECTING, SORTING, 30
	795	+	CLEANSING, TREATING, AND CONSTITUTING MAT ERIALS THAT WOULD OT HERWISE 31
	796	+	BE DISPOSED OF AND R ETURNING THEM TO OR MAINTAINING THEM WIT H THE 32 18 SENATE BILL 901
	797	+
	798	+
	799	+	ECONOMIC MAINSTREAM IN THE FORM OF RECOV ERED MATERIAL FOR NE W, 1
	800	+	REUSED, OR RECONSTITUTED PRO DUCTS THAT MEET THE QUALITY STANDARDS 2
	801	+	NECESSARY TO BE USED IN THE MARKETPLACE . 3
	802	+
	803	+	(2) “RECYCLING” DOES NOT INCLUDE : 4
	804	+
	805	+	(I) LANDFILLING; 5
	806	+
	807	+	(II) COMBUSTION; 6
	808	+
	809	+	(III) INCINERATION ; 7
	810	+
	811	+	(IV) ENERGY GENERATION ; 8
	812	+
	813	+	(V) FUEL PRODUCTION ; OR 9
	814	+
	815	+	(VI) ALTERNATIVE DAILY COV ER OR OTHER FORMS OF USE OR 10
	816	+	DISPOSAL WITHIN THE FOOTPRINT OF A LANDF ILL. 11
	817	+
	818	+	(T) “RECYCLED COVERED MATE RIAL” MEANS COVERED MATERI AL THAT IS 12
	819	+	SENT TO A RESPONSIBL E END MARKET . 13
	820	+
	821	+	(U) “RECYCLING RATE ” MEANS THE AMOUNT OF RECYCLABLE COVERED 14
	822	+	MATERIAL, IN AGGREGATE OR BY I NDIVIDUAL COVERED MA TERIAL TYPE, RECYCLED 15
	823	+	IN A CALENDAR YEAR D IVIDED BY THE TOTAL AMOUNT OF RECYCLABLE COVERED 16
	824	+	MATERIALS SOLD OR DI STRIBUTED INTO THE STATE BY THE RELEVANT UNIT OF 17
	825	+	MEASUREMENT. 18
	826	+
	827	+	(V) “REFILL” MEANS THE CONTINUED USE OF A COVERED MAT ERIAL BY A 19
	828	+	CONSUMER THROUGH A S YSTEM THAT IS: 20
	829	+
	830	+	(1) INTENTIONALLY DESIGNE D AND MARKETED FOR R EPEATED 21
	831	+	FILLING OF A COVERED MATERIAL TO REDUCE D EMAND FOR NEW PRODUC TION OF 22
	832	+	THE COVERED MATERIAL ; 23
	833	+
	834	+	(2) SUPPORTED BY ADEQUATE LOGISTICS AND INFRAS TRUCTURE TO 24
	835	+	PROVIDE CONVENIENT A CCESS FOR CONSUMERS ; AND 25
	836	+
	837	+	(3) COMPLIANT WITH APPLIC ABLE FEDERAL , STATE, AND LOCAL 26
	838	+	STATUTES, RULES, ORDINANCES , AND OTHER LAWS GOVER NING HEALTH AND 27
	839	+	SAFETY. 28
839	840		SENATE BILL 901 19
840	841
841	842
842		-	(T) “~~RECYCLED COVERED MATE RIAL~~” MEANS ~~COVERED MATERI AL THAT IS~~ 1
843		-	~~SENT TO A RESPONSIBL E END MARKET .~~ 2
844		-
845		-	~~(U) “RECYCLING RATE ” MEANS THE AMOUNT OF RECYCLABLE COVERED 3~~
846		-	~~MATERIAL, IN AGGREGATE OR BY I NDIVIDUAL COVERED MA TERIAL TYPE, RECYCLED~~ 4
847		-	~~IN A CALENDAR YEAR D IVIDED BY THE TOTAL AMOUNT OF RECYCLABLE COVERED 5~~
848		-	~~MATERIALS SOLD OR DI STRIBUTED INTO THE STATE BY THE RELEVANT UNIT OF 6~~
849		-	~~MEASUREMENT~~ . 7
850		-
851		-	(V) “~~REFILL~~” MEANS THE ~~CONTINUE D USE~~ OF A COVERED ~~M ATERIAL BY A 8~~
852		-	~~CONSUMER THROUGH A S YSTEM THAT IS:~~ 9
853		-
854		-	~~(1) INTENTIONALLY DESIGNE~~ D ~~AND MARKETED FOR R EPEATED~~ 10
855		-	~~FILLING~~ OF ~~A COVERED MATERIAL TO REDUCE D EMAND FOR NEW PRODUC TION OF~~ 11
856		-	~~THE COVERED MATERIAL ; 12~~
857		-
858		-	~~(2) SUPPORTED BY ADEQUATE LOGISTICS AND INFRASTRUCTURE TO 13~~
859		-	~~PROVIDE CONVENIENT~~ A ~~CCESS FOR CONSUMERS ; AND 14~~
860		-
861		-	~~(3) COMPLIANT WITH APPLIC ABLE FEDERAL , STATE,~~ ~~AND LOCAL~~ 15
862		-	~~STATUTES, RULES, ORDINANCES , AND OTHER LAWS GOVER NING HEALTH AND 16~~
863		-	~~SAFETY. 17~~
864		-
865		-	~~(W) “RESPONSIBLE END MARKE T” MEANS A MATERIAL MAR KET IN WHICH~~ 18
866		-	~~THE RECYCLING AND RE COVERY OF MATERIALS OR THE DISPOSAL OF 19~~
867		-	~~CONTAMINANTS IS COND UCTED IN A WAY THAT : 20~~
868		-
869		-	~~(1) BENEFITS THE ENVIRONM ENT~~; ~~AND~~ 21
870		-
871		-	(2) ~~MINIMIZES RISKS TO PU BLIC HEALTH~~ AND ~~WORK ER HEALTH AND~~ 22
872		-	~~SAFETY.~~ 23
873		-
874		-	~~(X) “RETURN RATE ” MEANS THE AMOUNT OF REUSABLE COVERED 24~~
875		-	~~MATERIAL~~, ~~IN AGGREGATE OR BY I NDIVIDUAL COVERED MA TERIALS TYPE ,~~ 25
876		-	~~COLLECTED FOR REUSE BY A PRODUCER OR SER VICE PROVIDER IN A C ALENDAR~~ 26
877		-	~~YEAR, DIVIDED BY THE TOTAL AMOUNT OF REUSABLE C OVERED MATERIALS SOL D~~ 27
878		-	~~OR DISTRIBUTED INTO THE STATE BY THE RELEVANT UNIT OF MEAS UREMENT. 28~~
879		-
880		-	(Y~~) “REUSABLE” MEANS BEING CAPABLE OF REUSE.~~ 29
881		-
882		-	~~(Z) “REUSE” MEANS THE RETURN OF A COVERED MATERIAL T O THE 30~~
883		-	~~MARKETPLACE AND THE CONTINUED USE OF THE COVERED MATERIAL BY A 31~~
884		-	~~PRODUCER OR~~ SERVICE PROVIDER ~~WHEN THE CO VERED MATERIAL IS :~~ 32
885		-	20 SENATE BILL 901
886		-
887		-
888		-	~~(1) INTENTIONALLY DESIGNE D AND MARKETED TO BE USED 1~~
889		-	~~MULTIPLE TIMES FOR I TS ORIGINAL INTENDED PURPOSE WITHOUT~~ A ~~CH ANGE IN 2~~
890		-	~~FORM; 3~~
891		-
892		-	~~(2) DESIGNED FOR DURABILI TY AND MAINTENANCE T O EXTEND ITS~~ 4
893		-	~~USEFUL LIFE AND REDU CE DEMAND~~ FOR ~~NEW PR ODUCTION~~ OF ~~THE COVE RED~~ 5
894		-	~~MATERIAL;~~ 6
895		-
896		-	~~(3) SUPPORTED BY ADEQUATE LOGISTICS AND INFRAS TRUCTURE AT~~ 7
897		-	~~A RETAIL LOCATION , BY A SERVICE PROVIDE R, OR ON BEHALF OF OR B Y A 8~~
898		-	~~PRODUCER~~, ~~THAT PROVIDES CONVEN IENT ACCESS FOR CONS UMERS;~~ ~~AND 9~~
899		-
900		-	~~(4) COMPLIANT WITH APPLIC ABLE FEDERAL , STATE, AND LOCAL 10~~
901		-	~~STATUTES, RULES,~~ ~~ORDINANCES , AND OTHER LAWS GOVER NING HEALTH AND 11~~
902		-	~~SAFETY. 12~~
903		-
904		-	~~(AA) “REUSE RATE” MEANS THE SHARE OF U NITS OF~~ A ~~REUSABLE C OVERED 13~~
905		-	~~MATERIAL SOLD OR DIS TRIBUTED INTO THE STATE IN A CALENDAR Y EAR THAT ARE 14~~
906		-	~~DEMONSTRATED~~ AND ~~DEE MED REUSABLE IN ACCO RDANCE WITH AN APPROVED 15~~
907		-	~~PRODUCER RESPONSIBIL ITY PLAN.~~ 16
908		-
909		-	(BB) ~~(1) “SERVICE~~ ~~PROVIDER ” MEANS AN ENTITY THAT PROVIDES 17~~
910		-	~~COVERED SERVICES FOR COVERED MATERIALS . 18~~
911		-
912		-	(2) ~~“SERVICE PROVIDER ” INCLUDES A LOCAL GOV ERNMENT THAT 19~~
913		-	~~PROVIDES, CONTRACTS FOR , OR OTHERWISE ARRANGE S WITH ANOTHER PARTY TO 20~~
914		-	~~PROVIDE COVERED SERV ICES FOR COVERED MAT ERIALS WITHIN ITS JU RISDICTION 21~~
915		-	~~REGARDLESS OF WHETHE R THE LOCAL GOVERNME NT PROVIDED~~ , ~~CONTRACTED 22~~
916		-	~~FOR, OR OTHERWISE ARRANGE D FOR SIMILAR SERVIC ES BEFORE THE APPROV AL OF 23~~
917		-	THE ~~APPLICABLE PRODU CER RESPONSIBILITY PLAN . 24~~
918		-
919		-	~~[9–2502. 25~~
920		-
921		-	~~(A) On or before October 1, 2023, the Department shall approve a single producer 26~~
922		-	~~responsibility organization to represent the interests of producers under this subtitle.] 27~~
923		-
924		-	~~9–2502. 28~~
925		-
926		-	~~(B) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THIS SU BTITLE 29~~
927		-	~~PROVIDE A FRAMEWORK FOR:~~ 30
928		-
929		-	~~(1) MINIMIZING THE ENVIRO NMENTAL AND HUMAN HE ALTH IMPACTS 31~~
930		-	OF ~~PACKAGING , INCLUDING BY:~~ 32
	843	+	(W) “RESPONSIBLE END MARKET ” MEANS A MATERIAL MAR KET IN WHICH 1
	844	+	THE RECYCLING AND RE COVERY OF MATERIALS OR THE DISPOSAL OF 2
	845	+	CONTAMINANTS IS COND UCTED IN A WAY THAT : 3
	846	+
	847	+	(1) BENEFITS THE ENVIRONM ENT; AND 4
	848	+
	849	+	(2) MINIMIZES RISKS TO PU BLIC HEALTH AND WORK ER HEALTH AND 5
	850	+	SAFETY. 6
	851	+
	852	+	(X) “RETURN RATE ” MEANS THE AMOUNT OF REUSABLE COVERED 7
	853	+	MATERIAL, IN AGGREGATE OR BY I NDIVIDUAL COVERED MA TERIALS TYPE , 8
	854	+	COLLECTED FOR REUSE BY A PRODUCER OR SER VICE PROVIDER IN A C ALENDAR 9
	855	+	YEAR, DIVIDED BY THE TOTAL AMOUNT OF REUSABLE C OVERED MATERIALS SOL D 10
	856	+	OR DISTRIBUTED INTO THE STATE BY THE RELEVANT UNIT OF MEASUREMENT . 11
	857	+
	858	+	(Y) “REUSABLE” MEANS BEING CAPABLE OF REUSE. 12
	859	+
	860	+	(Z) “REUSE” MEANS THE RETURN OF A COVERED MATERIAL T O THE 13
	861	+	MARKETPLACE AND THE CONTINUED USE OF THE COVERED MATERIAL BY A 14
	862	+	PRODUCER OR SERVICE PROVIDER WHEN THE CO VERED MATERIAL IS : 15
	863	+
	864	+	(1) INTENTIONALLY DESIGNE D AND MARKETED TO BE USED 16
	865	+	MULTIPLE TIMES FOR I TS ORIGINAL INTENDED PURPOSE WITHOUT A CH ANGE IN 17
	866	+	FORM; 18
	867	+
	868	+	(2) DESIGNED FOR DURABILI TY AND MAINTENANCE T O EXTEND ITS 19
	869	+	USEFUL LIFE AND REDU CE DEMAND FOR NEW PRODUCTI ON OF THE COVERED 20
	870	+	MATERIAL; 21
	871	+
	872	+	(3) SUPPORTED BY ADEQUATE LOGISTICS AND INFRAS TRUCTURE AT 22
	873	+	A RETAIL LOCATION , BY A SERVICE PROVIDE R, OR ON BEHALF OF OR B Y A 23
	874	+	PRODUCER, THAT PROVIDES CONVEN IENT ACCESS FOR CONS UMERS; AND 24
	875	+
	876	+	(4) COMPLIANT WITH APPLICABLE FEDE RAL, STATE, AND LOCAL 25
	877	+	STATUTES, RULES, ORDINANCES , AND OTHER LAWS GOVER NING HEALTH AND 26
	878	+	SAFETY. 27
	879	+
	880	+	(AA) “REUSE RATE” MEANS THE SHARE OF U NITS OF A REUSABLE C OVERED 28
	881	+	MATERIAL SOLD OR DIS TRIBUTED INTO THE STATE IN A CALENDAR Y EAR THAT ARE 29
	882	+	DEMONSTRATED AND DEEME D REUSABLE IN ACCORD ANCE WITH AN APPROVE D 30
	883	+	PRODUCER RESPONSIBIL ITY PLAN. 31
	884	+
	885	+	(BB) (1) “SERVICE PROVIDER ” MEANS AN ENTITY THAT PROVIDES 32
	886	+	COVERED SERVICES FOR COVERED MATERIALS . 33 20 SENATE BILL 901
	887	+
	888	+
	889	+
	890	+	(2) “SERVICE PROVIDER ” INCLUDES A LOCAL GOV ERNMENT THAT 1
	891	+	PROVIDES, CONTRACTS FOR , OR OTHERWISE ARRANGE S WITH ANOTHER PARTY TO 2
	892	+	PROVIDE COVERED SERV ICES FOR COVERED MAT ERIALS WITHIN ITS JU RISDICTION 3
	893	+	REGARDLESS OF WHETHE R THE LOCAL GOVERNME NT PROVIDED , CONTRACTED 4
	894	+	FOR, OR OTHERWISE ARRANGE D FOR SIMILAR SERVIC ES BEFORE THE APPROVAL OF 5
	895	+	THE APPLICABLE PRODU CER RESPONSIBILITY P LAN. 6
	896	+
	897	+	[9–2502. 7
	898	+
	899	+	(A) On or before October 1, 2023, the Department shall approve a single producer 8
	900	+	responsibility organization to represent the interests of producers under this subtitle.] 9
	901	+
	902	+	9–2502. 10
	903	+
	904	+	(B) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THIS SU BTITLE 11
	905	+	PROVIDE A FRAMEWORK FOR: 12
	906	+
	907	+	(1) MINIMIZING THE ENVIRO NMENTAL AND HUMAN HE ALTH IMPACTS 13
	908	+	OF PACKAGING , INCLUDING BY: 14
	909	+
	910	+	(I) REDUCING THE AMOUNT O F PACKAGING , ESPECIALLY 15
	911	+	PLASTIC PACKAGING , SOLD IN THE STATE; 16
	912	+
	913	+	(II) REDUCING PACKAGING WA STE; 17
	914	+
	915	+	(III) REDESIGNING PACKAGING TO BE RECYCLABLE , 18
	916	+	COMPOSTABLE , AND REUSABLE ; AND 19
	917	+
	918	+	(IV) REDUCING THE TOXICITY OF PACKAGING ; 20
	919	+
	920	+	(2) CONSERVING RESOURCES BY INCREASING THE RE CYCLING 21
	921	+	RATES AND RECYCLED CONTENT OF COVERED P RODUCTS; 22
	922	+
	923	+	(3) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS 23
	924	+	IN THE STATE, INCLUDING BY: 24
	925	+
	926	+	(I) FACILITATING: 25
	927	+
	928	+	(I) THE FACILITATING THE IMPROVEMENT OF REUSE , 26
	929	+	ORGANICS RECYCLING COMPOSTING , AND RECYCLING ; 27
	930	+
	931	+	(II) THE IMPROVEMENT OF RE CYCLING MARKETS ; 28
931	932		SENATE BILL 901 21
932	933
933	934
934		-	(I) REDUCING THE AMOUNT O F PACKAGING , ESPECIALLY 1
935		-	PLASTIC PACKAGING , SOLD IN THE STATE; 2
936		-
937		-	(II) REDUCING PACKA GING WASTE; 3
938		-
939		-	(III) REDESIGNING PACKAGING TO BE RECYCLABLE , 4
940		-	COMPOSTABLE , AND REUSABLE ; AND 5
941		-
942		-	(IV) REDUCING THE TOXICITY OF PACKAGING ; 6
943		-
944		-	(2) CONSERVING RESOURCES BY INCREASING THE RE CYCLING 7
945		-	RATES AND RECYCLED C ONTENT OF COVERED PR ODUCTS; 8
946		-
947		-	(3) MODERNIZING AND IMPRO VING WASTE AND RECYC LING SYSTEMS 9
948		-	IN THE STATE, INCLUDING BY: 10
949		-
950		-	(I) FACILITATING: 11
951		-
952		-	(I) THE FACILITATING THE IMPROVEMENT OF REUSE , 12
953		-	ORGANICS RECYCLING COMPOSTING , AND RECYCLING ; 13
954		-
955		-	(II) THE IMPROVEMENT OF RE CYCLING MARKETS ; 14
956		-
957		-	(III) THE REDUCTION OF WAST E STIMULATING RESPONSIB LE 15
958		-	END MARKETS FOR COVE RED MATERIALS ; AND 16
959		-
960		-	(IV) (III) AN INCREASE IN RECYCL ING RATES IMPROVING 17
961		-	ACCESS TO AND THE EF FICIENCY OF RECYCLIN G, COMPOSTING , AND REUSE 18
962		-	INFRASTRUCTURE , WITH SPECIAL EMPHASI S ON UNDERSERVED COMMUNITIE S; AND 19
963		-
964		-	(2) (4) REIMBURSING LOCAL GOV ERNMENTS MAKING PRODUCERS 20
965		-	FINANCIALLY RESPONSI BLE FOR INVESTING IN THE NEEDED INFRASTRU CTURE AND 21
966		-	REIMBURSING LOCAL GO VERNMENTS AND OTHER SERVICE PROVIDERS FOR COSTS 22
967		-	ASSOCIATED WITH TRAN SPORTING, COLLECTING, AND PROCESSING PACKAGING 23
968		-	COVERED MATERIALS. 24
969		-
970		-	9–2503. 25
971		-
972		-	(a) There is a producer responsibility advisory council. 26
973		-
974		-	(b) The purpose of the advisory council is to provide advice and make 27
975		-	recommendations regarding establishing and implementing a producer responsibility 28
976		-	program in the State for packaging COVERED materials, INCLUDING ADVICE ON 29
977		-	DRAFTING, AMENDING, AND IMPLEMENTI NG PRODUCER RESPONSI BILITY PLANS. 30
	935	+	(III) THE REDUCTION OF WAST E STIMULATING RESPONSIB LE 1
	936	+	END MARKETS FOR COVE RED MATERIALS ; AND 2
	937	+
	938	+	(IV) (III) AN INCREASE IN RECYCL ING RATES IMPROVING 3
	939	+	ACCESS TO AND THE EF FICIENCY OF RECYCLIN G, COMPOSTING , AND REUSE 4
	940	+	INFRASTRUCTURE , WITH SPECIAL EMPHASI S ON UNDERSERVED COM MUNITIES; AND 5
	941	+
	942	+	(2) (4) REIMBURSING LOCAL GOV ERNMENTS MAKING PRODUCERS 6
	943	+	FINANCIALLY RESPONSI BLE FOR INVESTING IN THE NEEDED INFRASTRU CTURE AND 7
	944	+	REIMBURSING LOCAL GO VERNMENTS AND OTHER SERVICE PROVIDERS FOR COSTS 8
	945	+	ASSOCIATED WITH TRAN SPORTING, COLLECTING, AND PROCESSING PACKAGING 9
	946	+	COVERED MATERIALS. 10
	947	+
	948	+	9–2503. 11
	949	+
	950	+	(a) There is a producer responsibility advisory council. 12
	951	+
	952	+	(b) The purpose of the advisory council is to provide advice and make 13
	953	+	recommendations regarding establishing and implementing a producer responsibility 14
	954	+	program in the State for packaging COVERED materials, INCLUDING ADVICE ON 15
	955	+	DRAFTING, AMENDING, AND IMPLEMENTING PRO DUCER RESPONSIBILITY PLANS. 16
	956	+
	957	+	(c) (1) The advisory council shall consist of [up to 21 members,] MEMBERS 17
	958	+	appointed by the Secretary, representing a broad range of interested stakeholders, 18
	959	+	including: 19
	960	+
	961	+	(i) Representatives from the following industries or entities in the 20
	962	+	State: 21
	963	+
	964	+	1. Local government agencies responsible for recycling 22
	965	+	programs; 23
	966	+
	967	+	2. Recyclables and compostable materials collectors from 24
	968	+	both the public and private sectors; 25
	969	+
	970	+	3. Recycling processors from both the public and private 26
	971	+	sectors; 27
	972	+
	973	+	4. Organics recycling processors; 28
	974	+
	975	+	5. Producers from the consumer goods sector; 29
	976	+
	977	+	6. Retail and small businesses; and 30
	978	+
	979	+	7. Material–oriented trade groups; 31
978	980		22 SENATE BILL 901
979	981
980	982
981		-	(c) (1) The advisory council shall consist of [up to 21 members,] MEMBERS 1
982		-	appointed by the Secretary, representing a broad range of interested stakeholders, 2
983		-	including: 3
984		-
985		-	(i) Representatives from the following industries or entities in the 4
986		-	State: 5
987		-
988		-	1. Local government agencies responsible for recycling 6
989		-	programs; 7
990		-
991		-	2. Recyclables and compostable materials collectors from 8
992		-	both the public and private sectors; 9
993		-
994		-	3. Recycling processors from both the public and private 10
995		-	sectors; 11
996		-
997		-	4. Organics recycling processors; 12
998		-
999		-	5. Producers from the consumer goods sector; 13
1000		-
1001		-	6. Retail and small businesses; and 14
1002		-
1003		-	7. Material–oriented trade groups; 15
1004		-
1005		-	(ii) A representative from the producer responsibility organization 16
1006		-	approved by the Department under [§ 9–2502] § 9–2505(A) of this subtitle; 17
1007		-
1008		-	(iii) Representatives of at least two nonprofit organizations in the 18
1009		-	State with missions related to reducing waste; 19
1010		-
1011		-	(iv) (III) At least one representative of an environmental advocacy 20
1012		-	organization; 21
1013		-
1014		-	(v) (IV) At least one representative of an advocacy organization 22
1015		-	that advocates on behalf of overburdened or underserved communities, as defined in § 23
1016		-	1–701 of this article; and 24
1017		-
1018		-	(vi) (V) At least two members of the public who reside in the State; 25
1019		-	AND 26
1020		-
1021		-	(VI) THE FOLLOWING NONVOTI NG MEMBERS , WHO MAY NOT 27
1022		-	SERVE AS COCHAIRS OF THE ADVISORY COUNCIL : 28
1023		-
1024		-	1. A REPRESENTATIVE OF TH E PRODUCER 29
1025		-	RESPONSIBILITY ORGAN IZATION APPROVED BY THE DEPARTMENT UNDER § 30
1026		-	9–2502(A) OF THIS SUBTITLE; AND 31 SENATE BILL 901 23
1027		-
1028		-
1029		-
1030		-	2. THE DIRECTOR OF THE DEPARTMENT ’S LAND AND 1
1031		-	MATERIALS ADMINISTRATION , OR THE DIRECTOR’S DESIGNEE. 2
1032		-
1033		-	(2) In appointing members to the advisory council, the Secretary shall, to 3
1034		-	the extent practicable, ensure that the membership of the advisory council represents: 4
1035		-
1036		-	(i) All geographic regions of the State; 5
1037		-
1038		-	(ii) Large and small counties and municipalities; and 6
1039		-
1040		-	(iii) The variability in how waste and recyclable and compostable 7
1041		-	materials are collected and processed in the State. 8
1042		-
1043		-	(3) A MEMBER OF A PRODUCER RESPONSIBILITY ORGAN IZATION MAY 9
1044		-	NOT SERVE AS A VOTIN G MEMBER OR AS A COC HAIR OF THE ADVISORY COUNCIL. 10
1045		-
1046		-	(d) From among the advisory council members, the Secretary shall designate two 11
1047		-	representatives to serve as cochairs. 12
1048		-
1049		-	(e) The Department shall provide staff for the advisory council. 13
1050		-
1051		-	(f) A member of the advisory council: 14
1052		-
1053		-	(1) May not receive compensation as a member of the advisory council; but 15
1054		-
1055		-	(2) Is entitled to reimbursement for expenses under the Standard State 16
1056		-	Travel Regulations, as provided in the State budget. 17
1057		-
1058		-	(g) The advisory council shall meet at the request of the Secretary. 18
1059		-
1060		-	(h) [(1)] The advisory council shall [evaluate and make recommendations, 19
1061		-	including legislative recommendations, on how to effectively establish and implement a 20
1062		-	producer responsibility program in the State for packaging materials. 21
1063		-
1064		-	(2) In making recommendations under paragraph (1) of this subsection, the 22
1065		-	advisory council shall include recommendations regarding the responsibilities of producers 23
1066		-	under a producer responsibility program]: 24
1067		-
1068		-	(1) ON REQUEST BY A PRODU CER OR PRODUCER RESP ONSIBILITY 25
1069		-	ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A 26
1070		-	PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 9–2505 OF THIS SUBTITLE; 27
1071		-
1072		-	(2) RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS 28
1073		-	SUBMITTED IN ACCORDA NCE WITH § 9–2505 OF THIS SUBTITLE; 29
	983	+	(ii) A representative from the producer responsibility organization 1
	984	+	approved by the Department under [§ 9–2502] § 9–2505(A) of this subtitle; 2
	985	+
	986	+	(iii) Representatives of at least two nonprofit organizations in the 3
	987	+	State with missions related to reducing waste; 4
	988	+
	989	+	(iv) (III) At least one representative of an environmental advocacy 5
	990	+	organization; 6
	991	+
	992	+	(v) (IV) At least one representative of an advocacy organization 7
	993	+	that advocates on behalf of overburdened or underserved communities, as defined in § 8
	994	+	1–701 of this article; and 9
	995	+
	996	+	(vi) (V) At least two members of the public who reside in the State; 10
	997	+	AND 11
	998	+
	999	+	(VI) THE FOLLOWING NONVOTI NG MEMBERS , WHO MAY NOT 12
	1000	+	SERVE AS COCHAIRS OF THE ADVISORY COUNCIL : 13
	1001	+
	1002	+	1. A REPRESENTATIVE OF TH E PRODUCER 14
	1003	+	RESPONSIBILITY ORGAN IZATION APPROVED BY THE DEPARTMENT UNDER § 15
	1004	+	9–2502(A) OF THIS SUBTITLE; AND 16
	1005	+
	1006	+	2. THE DIRECTOR OF THE DEPARTMENT ’S LAND AND 17
	1007	+	MATERIALS ADMINISTRATION , OR THE DIRECTOR’S DESIGNEE. 18
	1008	+
	1009	+	(2) In appointing members to the advisory council, the Secretary shall, to 19
	1010	+	the extent practicable, ensure that the membership of the advisory council represents: 20
	1011	+
	1012	+	(i) All geographic regions of the State; 21
	1013	+
	1014	+	(ii) Large and small counties and municipalities; and 22
	1015	+
	1016	+	(iii) The variability in how waste and recyclable and compostable 23
	1017	+	materials are collected and processed in the State. 24
	1018	+
	1019	+	(3) A MEMBER OF A PRODUCER RESPONSIBILITY ORGAN IZATION MAY 25
	1020	+	NOT SERVE AS A V OTING MEMBER OR AS A COCHAIR OF THE ADVIS ORY COUNCIL. 26
	1021	+
	1022	+	(d) From among the advisory council members, the Secretary shall designate two 27
	1023	+	representatives to serve as cochairs. 28
	1024	+
	1025	+	(e) The Department shall provide staff for the advisory council. 29
	1026	+
	1027	+	(f) A member of the advisory council: 30
	1028	+	SENATE BILL 901 23
	1029	+
	1030	+
	1031	+	(1) May not receive compensation as a member of the advisory council; but 1
	1032	+
	1033	+	(2) Is entitled to reimbursement for expenses under the Standard State 2
	1034	+	Travel Regulations, as provided in the State budget. 3
	1035	+
	1036	+	(g) The advisory council shall meet at the request of the Secretary. 4
	1037	+
	1038	+	(h) [(1)] The advisory council shall [evaluate and make recommendations, 5
	1039	+	including legislative recommendations, on how to effectively establish and implement a 6
	1040	+	producer responsibility program in the State for packaging materials. 7
	1041	+
	1042	+	(2) In making recommendations under paragraph (1) of this subsection, the 8
	1043	+	advisory council shall include recommendations regarding the responsibilities of producers 9
	1044	+	under a producer responsibility program]: 10
	1045	+
	1046	+	(1) ON REQUEST BY A PRODUCER OR PRODUCER RESPONSIBILITY 11
	1047	+	ORGANIZATION , PROVIDE ADVICE REGAR DING THE DRAFTING OR AMENDING OF A 12
	1048	+	PRODUCER RESPONSIBIL ITY PLAN REQUIRED UN DER § 9–2505 OF THIS SUBTITLE; 13
	1049	+
	1050	+	(2) RECEIVE AND REVIEW TH E PRODUCER RESPONSIB ILITY PLANS 14
	1051	+	SUBMITTED IN ACCORDA NCE WITH § 9–2505 OF THIS SUBTITLE; 15
	1052	+
	1053	+	(3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN 16
	1054	+	ACCORDANCE WITH § 9–2507 § 9–2509 OF THIS SUBTITLE; 17
	1055	+
	1056	+	(4) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING 18
	1057	+	PRODUCER RESPONSIBIL ITY PLAN APPROVAL ; 19
	1058	+
	1059	+	(5) MAKE RECO MMENDATIONS TO THE DEPARTMENT AND 20
	1060	+	PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE GARDING PRODUCER 21
	1061	+	RESPONSIBILITY PLAN IMPLEMENTATION ; AND 22
	1062	+
	1063	+	(6) PROVIDE WRITTEN RECOM MENDATIONS REGARDING THE 23
	1064	+	PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN 24
	1065	+	APPROVED PLAN , TO A PRODUCER RESPON SIBILITY ORGANIZATIO N BEFORE THE 25
	1066	+	PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE 26
	1067	+	DEPARTMENT . 27
	1068	+
	1069	+	[(i) On or before December 1, 2024, the advisory council shall report its findings 28
	1070	+	and recommendations to the Governor and, in accordance with § 2–1257 of the State 29
	1071	+	Government Article, the Senate Committee on Education, Energy, and the Environment 30
	1072	+	and the House Environment and Transportation Committee.] 31
	1073	+
	1074	+	9–2504. 32
1074	1075		24 SENATE BILL 901
1075	1076
1076	1077
1077		-	(3) RECEIVE AND REVIEW AN NUAL REPORTS SUBMITT ED IN 1
1078		-	ACCORDANCE WITH § 9–2507 § 9–2509 OF THIS SUBTITLE; 2
1079		-
1080		-	(4) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING 3
1081		-	PRODUCER RESPONSIBIL ITY PLAN APPROVAL ; 4
1082		-
1083		-	(5) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND 5
1084		-	PRODUCER RESPONSIBIL ITY ORGANIZATIONS RE GARDING PRODUCER 6
1085		-	RESPONSIBILITY PLAN IMPLEMENTATION ; AND 7
1086		-
1087		-	(6) PROVIDE WRITT EN RECOMMENDATIONS R EGARDING THE 8
1088		-	PRODUCER RESPONSIBIL ITY PLAN, INCLUDING ANY UPDATE OR REVISION TO AN 9
1089		-	APPROVED PLAN , TO A PRODUCER RESPON SIBILITY ORGANIZATIO N BEFORE THE 10
1090		-	PRODUCER RESPONSIBIL ITY ORGANIZATION SUB MITS THE PLAN TO THE 11
1091		-	DEPARTMENT . 12
1092		-
1093		-	[(i) On or before December 1, 2024, the advisory council shall report its findings 13
1094		-	and recommendations to the Governor and, in accordance with § 2–1257 of the State 14
1095		-	Government Article, the Senate Committee on Education, Energy, and the Environment 15
1096		-	and the House Environment and Transportation Committee.] 16
1097		-
1098		-	9–2504. 17
1099		-
1100		-	(A) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF THE STATE OR A 18
1101		-	LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAG ING 19
1102		-	MATERIAL. 20
1103		-
1104		-	(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 21
1105		-
1106		-	(1) PROHIBIT A LOC AL GOVERNMENT , A SERVICE PROVIDER , OR ANY 22
1107		-	OTHER ENTITY FROM SE LLING RECYCLED MATER IALS OR COMPOST TO E ND 23
1108		-	MARKETS AND RETAININ G THE REVENUES FROM THOSE SALES; 24
1109		-
1110		-	(2) AFFECT THE AUTHORITY OF A PUBLICLY OR PRI VATELY OWNED 25
1111		-	MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLING COMPOSTING FACILITY 26
1112		-	TO DETERMINE WHICH E NTITIES MAY USE THE FACILITY; OR 27
1113		-
1114		-	(3) LIMIT THE ABILITY OF LOCAL GOVERNMENTS , MATERIALS 28
1115		-	RECYCLING FACILITIES , OR ORGANICS RECYCLING COMPOSTING FACILITIES TO 29
1116		-	MAKE DECISIONS ON RE CYCLING INFRASTRUC TURE PURCHASES , INCLUDING 30
1117		-	PROCESSING EQUIPMENT ; OR 31
1118		-	SENATE BILL 901 25
1119		-
1120		-
1121		-	(4) PRECLUDE THE SEPARATE ADOPTION OF A BEVERA GE CONTAINER 1
1122		-	DEPOSIT RETURN PROGR AM IN THE STATE TO REDUCE BEVER AGE CONTAINER 2
1123		-	POLLUTION AND PLASTI C WASTE. 3
1124		-
1125		-	9–2505. 4
1126		-
1127		-	(A) (1) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL 5
1128		-	APPROVE A SINGLE PRO DUCER RESPONSIBILITY ORGANIZATION TO FULF ILL THE 6
1129		-	REQUIREMENTS OF THIS SUBSECTION. 7
1130		-
1131		-	(2) (I) BEGINNING JULY 1, 2025 2026, AND EACH YEAR 8
1132		-	THEREAFTER , THE PRODUCER RESPONSIBIL ITY ORGANIZATION APPROVED UNDER 9
1133		-	§ 9–2502(A) OF THIS SUBTITLE SHALL FILE A REGISTR ATION FORM WITH THE 10
1134		-	DEPARTMENT . 11
1135		-
1136		-	(II) THE REGISTRATION FORM SHALL INCLUDE : 12
1137		-
1138		-	1. A LIST OF THE PRODUCER S PARTICIPATING IN THE 13
1139		-	PRODUCER RESPONSIBIL ITY ORGANIZATION ; 14
1140		-
1141		-	2. A LIST OF THE BRANDS O F EACH PRODUCER 15
1142		-	PARTICIPATING IN THE P RODUCER RESPONSIBILI TY ORGANIZATION ; 16
1143		-
1144		-	3. A LIST OF THE COVERED MATERIALS OF EACH 17
1145		-	PRODUCER PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 18
1146		-	AND 19
1147		-
1148		-	4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION 20
1149		-	OF A PERSON RESPONSI BLE FOR ENSURING THE PRODUCE R RESPONSIBILITY 21
1150		-	ORGANIZATION ’S AND THE MEMBER PRO DUCERS’ COMPLIANCE WITH THIS 22
1151		-	SUBTITLE. 23
1152		-
1153		-	(III) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AT AT 24
1154		-	THE TIME OF FILING T HE REGISTRATION FORM , THE PRODUCER RESPONSIBIL ITY 25
1155		-	ORGANIZATION S HALL PAY TO THE DEPARTMENT AN ANNUAL REGISTRATION FEE , 26
1156		-	AS SET BY THE DEPARTMENT , IN AN AMOUNT SUFFICI ENT TO COVER THE COSTS OF 27
1157		-	RECORD KEEPING , NOT TO EXCEED $1,000: 28
1158		-
1159		-	1. IN EACH YEAR: 29
1160		-
1161		-	A. THE COSTS OF RECORD K EEPING UNDER THIS 30
1162		-	SUBTITLE, NOT TO EXCEE D $1,000; AND 31
1163		-	26 SENATE BILL 901
1164		-
1165		-
1166		-	B. THE COSTS OF DEVELOPI NG AND UPDATING THE LIST 1
1167		-	REQUIRED UNDER § 9–2508 OF THIS SUBTITLE ; 2
1168		-
1169		-	2. IN 2026 ONLY AS NECESSARY , THE COSTS OF 3
1170		-	DEVELOPING AND IMPLE MENTING REGULATIONS IN ACCORDANCE WITH § 9–2511 4
1171		-	OF THIS SUBTITLE; AND 5
1172		-
1173		-	3. IN 2028 AND EACH YEAR THEREA FTER, THE COSTS OF 6
1174		-	REGISTERING SERVICE PROVIDERS UNDER § 9–2507 OF THIS SUBTITLE. 7
1175		-
1176		-	(3) BEFORE ESTABLISHING A ND COLLECTING AN ANN UAL 8
1177		-	REGISTRATION FEE UND ER PARAGRAPH (2)(III) OF THIS SUBSECTION , THE 9
1178		-	DEPARTMENT SHALL : 10
1179		-
1180		-	(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND 11
1181		-
1182		-	(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 12
1183		-
1184		-	(4) (2) (I) ON OR AFTER JULY 1, 2031 2033, A NONPROFIT 13
1185		-	ORGANIZATION MAY REQ UEST THAT THE DEPARTMENT DESIGNATE THE 14
1186		-	NONPROFIT ORGANIZATI ON AS AN ADDITIONAL PRODUCER RESPONSIBILITY 15
1187		-	ORGANIZATION . 16
1188		-
1189		-	(II) THE DEPARTMENT MAY DESIGN ATE A NONPROFIT 17
1190		-	ORGANIZATION AS AN A DDITIONAL PRODUCER R ESPONSIBILITY ORGANI ZATION IF 18
1191		-	THE DEPARTMENT DETERMINES , IN COORDINATION WITH THE ADVISORY COUNCIL 19
1192		-	ESTABLISHED UNDER § 9–2503 OF THIS SUBTITLE, THAT THE DESIGNATION OF THE 20
1193		-	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION IS NECESSARY TO: 21
1194		-
1195		-	1. INCREASE RECYCLING RA TES; OR 22
1196		-
1197		-	2. IMPROVE RECYCLING SER VICES FOR A SPECIFIC 23
1198		-	TYPE OF PACKAGING COVERED MATERIAL. 24
1199		-
1200		-	(III) IF THE DEPARTMENT APPROVES THE DESIGNA TION OF AN 25
1201		-	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION UNDER THIS 26
1202		-	SUBSECTION, THE PRODUCER RESPONS IBILITY ORGANIZATION SHALL: 27
1203		-
1204		-	1. NOT LATER THAN 30 DAYS AFTER BEING APP ROVED 28
1205		-	BY THE DEPARTMENT AND ON OR BEFORE JULY 1 EACH YEAR TH EREAFTER, FILE A 29
1206		-	REGISTRATION FORM WI TH THE DEPARTMENT CONTAINING THE INFORMATION 30
1207		-	REQUIRED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION A ND PAY THE ANNUAL 31
1208		-	REGISTRATION FEE DES CRIBED IN PARAGRAPH (2)(III) OF THIS SUBSECTION ; AND 32
	1078	+	(A) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF THE STATE OR A 1
	1079	+	LOCAL JURISDICTION T O REGULATE THE SALE OR USE OF ANY PACKAG ING 2
	1080	+	MATERIAL. 3
	1081	+
	1082	+	(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 4
	1083	+
	1084	+	(1) PROHIBIT A LOCAL GOVE RNMENT, A SERVICE PROVIDER , OR ANY 5
	1085	+	OTHER ENTITY FROM SE LLING RECYCLED MATER IALS OR COMPOST T O END 6
	1086	+	MARKETS AND RETAININ G THE REVENUES FROM THOSE SALES; 7
	1087	+
	1088	+	(2) AFFECT THE AUTHORITY OF A PUBLICLY OR PRI VATELY OWNED 8
	1089	+	MATERIALS RECYCLING FACILITY OR ORGANICS RECYCLING COMPOSTING FACILITY 9
	1090	+	TO DETERMINE WHICH E NTITIES MAY USE THE FACILITY; OR 10
	1091	+
	1092	+	(3) LIMIT THE ABILITY OF LOCAL GOVERNMENTS , MATERIALS 11
	1093	+	RECYCLING FACILITIES , OR ORGANICS RECYCLING COMPOSTING FACILITIES TO 12
	1094	+	MAKE DECISIONS ON RE CYCLING INFRASTRUCTU RE PURCHASES , INCLUDING 13
	1095	+	PROCESSING EQUIPMENT . 14
	1096	+
	1097	+	9–2505. 15
	1098	+
	1099	+	(A) (1) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL 16
	1100	+	APPROVE A SINGLE PRO DUCER RESPONSIBILITY ORGANIZATION TO FULF ILL THE 17
	1101	+	REQUIREMENTS OF THIS SUBSECTION. 18
	1102	+
	1103	+	(2) (I) BEGINNING JULY 1, 2025 2026, AND EACH YEAR 19
	1104	+	THEREAFTER , THE PRODUCER RESPONSIBIL ITY ORGANIZATION APPROVED UNDER 20
	1105	+	§ 9–2502(A) OF THIS SUBTITLE SHALL FILE A REGISTR ATION FORM WITH THE 21
	1106	+	DEPARTMENT . 22
	1107	+
	1108	+	(II) THE REGISTRATION FORM SHALL INCLUDE : 23
	1109	+
	1110	+	1. A LIST OF THE PRODUCER S PARTICIPATING IN THE 24
	1111	+	PRODUCER RESPONSIBIL ITY ORGANIZATION ; 25
	1112	+
	1113	+	2. A LIST OF THE BRANDS O F EACH PRODUCER 26
	1114	+	PARTICIPATING IN THE PRODU CER RESPONSIBILITY O RGANIZATION; 27
	1115	+
	1116	+	3. A LIST OF THE COVERED MATERIALS OF EACH 28
	1117	+	PRODUCER PARTICIPATING IN THE PRODUCER RESPONSIBIL ITY ORGANIZATION ; 29
	1118	+	AND 30
	1119	+
	1120	+	4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION 31
	1121	+	OF A PERSON RESPONSI BLE FOR ENSURING THE PRODUCER RESPONSIBIL ITY 32 SENATE BILL 901 25
	1122	+
	1123	+
	1124	+	ORGANIZATION ’S AND THE MEMBER PRO DUCERS’ COMPLIANCE WITH THIS 1
	1125	+	SUBTITLE. 2
	1126	+
	1127	+	(III) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AT AT 3
	1128	+	THE TIME OF FI LING THE REGISTRATIO N FORM, THE PRODUCER RESPONSIBIL ITY 4
	1129	+	ORGANIZATION SHALL P AY TO THE DEPARTMENT AN ANNUAL REGISTRATION FEE , 5
	1130	+	AS SET BY THE DEPARTMENT , IN AN AMOUNT SUFFICI ENT TO COVER THE COSTS OF 6
	1131	+	RECORD KEEPING , NOT TO EXCEED $1,000: 7
	1132	+
	1133	+	1. IN EACH YEAR: 8
	1134	+
	1135	+	A. THE COSTS OF RECORD K EEPING UNDER THIS 9
	1136	+	SUBTITLE, NOT TO EXCEED $1,000; AND 10
	1137	+
	1138	+	B. THE COSTS OF DEVELOPI NG AND UPDATING THE LIST 11
	1139	+	REQUIRED UNDER § 9–2508 OF THIS SUBTITLE ; 12
	1140	+
	1141	+	2. IN 2026 ONLY, THE COSTS OF DEVELOP ING AND 13
	1142	+	IMPLEMENTING REGULAT IONS IN ACCORDANCE WITH § 9–2511 OF THIS SUBTITLE ; 14
	1143	+	AND 15
	1144	+
	1145	+	3. IN 2028 AND EACH YEAR THEREA FTER, THE COSTS OF 16
	1146	+	REGISTERING SERVICE PROVIDERS UNDER § 9–2507 OF THIS SUBTITLE. 17
	1147	+
	1148	+	(3) BEFORE ESTABLISHING A ND COLLECTING AN ANN UAL 18
	1149	+	REGISTRATION FEE UND ER PARAGRAPH (2)(III) OF THIS SUBSECTION , THE 19
	1150	+	DEPARTMENT SHALL : 20
	1151	+
	1152	+	(I) PUBLISH A PROPOSED FE E ON ITS WEBSITE; AND 21
	1153	+
	1154	+	(II) ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 22
	1155	+
	1156	+	(4) (2) (I) ON OR AFTER JULY 1, 2031 2033, A NONPROFIT 23
	1157	+	ORGANIZATION MAY REQ UEST THAT THE DEPARTMENT DESIGNATE THE 24
	1158	+	NONPROFIT ORGANIZATI ON AS AN ADDITIONAL PRODUCER RESPONSIBIL ITY 25
	1159	+	ORGANIZATION . 26
	1160	+
	1161	+	(II) THE DEPARTMENT MAY DESIGN ATE A NONPROFIT 27
	1162	+	ORGANIZATION AS AN A DDITIONAL PRODUCER R ESPONSIBILITY ORGANI ZATION IF 28
	1163	+	THE DEPARTMENT DETERMINES , IN COORDINATION WITH THE ADVISORY CO UNCIL 29
	1164	+	ESTABLISHED UNDER § 9–2503 OF THIS SUBTITLE , THAT THE DESIGNATION OF THE 30
	1165	+	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION IS NECESSARY TO: 31
	1166	+
	1167	+	1. INCREASE RECYCLING RA TES; OR 32 26 SENATE BILL 901
	1168	+
	1169	+
	1170	+
	1171	+	2. IMPROVE RECYCLING SER VICES FOR A SPECIFIC 1
	1172	+	TYPE OF PACKAGING COVERED MATERIAL. 2
	1173	+
	1174	+	(III) IF THE DEPARTMENT APPROVES T HE DESIGNATION OF AN 3
	1175	+	ADDITIONAL PRODUCER RESPONSIBILITY ORGAN IZATION UNDER THIS 4
	1176	+	SUBSECTION, THE PRODUCER RESPONS IBILITY ORGANIZATION SHALL: 5
	1177	+
	1178	+	1. NOT LATER THAN 30 DAYS AFTER BEING APP ROVED 6
	1179	+	BY THE DEPARTMENT AND ON OR BEFORE JULY 1 EACH YEAR THEREAFTER , FILE A 7
	1180	+	REGISTRATION FORM WI TH THE DEPARTMENT CONTAINING THE INFORMATION 8
	1181	+	REQUIRED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION A ND PAY THE ANNUAL 9
	1182	+	REGISTRATION FEE DES CRIBED IN PARAGRAPH (2)(III) OF THIS SUBSECTION ; AND 10
	1183	+
	1184	+	2. COORDINATE WITH THE P RODUCER RESPONSIBILI TY 11
	1185	+	ORGANIZATION ESTABLI SHED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 12
	1186	+	DEPARTMENT , AND LOCAL GOVERNMENT S TO ENSURE THAT : 13
	1187	+
	1188	+	A. RECYCLING SERVICES FO R RESIDENTS OF THE STATE 14
	1189	+	ARE PROVIDED IN A SEAM LESS MANNER ; AND 15
	1190	+
	1191	+	B. PUBLIC OUTREACH , EDUCATION, AND 16
	1192	+	COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER. 17
	1193	+
	1194	+	(IV) THE PRODUCER RESPONSI BILITY ORGANIZATION 18
	1195	+	ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION A ND ANY ADDITIONAL 19
	1196	+	PRODUCER RESPONSIBILITY ORGAN IZATIONS DESIGNATED UNDER THIS 20
	1197	+	PARAGRAPH MAY CREATE A REPRESENTATIVE ORG ANIZATION TO REPRESE NT THE 21
	1198	+	PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE 22
	1199	+	REQUIREMENTS OF THIS SUBTITLE. 23
	1200	+
	1201	+	(3) (I) ON OR AFTER JULY 1, 2026, AND IN ACCORDANCE WI TH THE 24
	1202	+	REQUIREMENTS OF THIS SUBSECTION AND ANY R EGULATIONS ADOPTED B Y THE 25
	1203	+	DEPARTMENT , A PRODUCER OR GROUP OF PRODUCERS MAY DEV ELOP AND 26
	1204	+	OPERATE AN ALTERNATI VE COLLECTION PROGRA M TO COLLECT AND MAN AGE A 27
	1205	+	TYPE OR TYPES OF COVERED MATE RIAL SOLD, OFFERED FOR SALE , OR DISTRIBUTED 28
	1206	+	FOR SALE IN OR INTO THE STATE BY THE PRODUCER OR PRODUCERS . 29
	1207	+
	1208	+	(II) A PRODUCER THAT MANAGE S A TYPE OF COVERED 30
	1209	+	MATERIAL UNDER AN AP PROVED ALTERNATIVE C OLLECTION PROGRAM TH ROUGH 31
	1210	+	REUSE, RECYCLING, OR COMPOSTING MAY WH OLLY OR IN PART OFFS ET THE 32
	1211	+	PRODUCER’S PAYMENT OBLIGATION S UNDER THIS SUBTITL E. 33
1209	1212		SENATE BILL 901 27
1210	1213
1211	1214
1212		-	~~2. COORDINATE WITH THE P RODUCER RESPONSIBILIT Y~~ 1
1213		-	~~ORGANIZATION ESTABLI SHED UNDER PARAGRAPH (1) OF THIS SUBSECTION ,~~ THE 2
1214		-	~~DEPARTMENT , AND LOCAL GOVERNMENT S TO ENSURE THAT :~~ 3
1215		-
1216		-	~~A. RECYCLING SERVICES FO R RESIDENTS OF THE STATE~~ 4
1217		-	~~ARE PROVIDED IN~~ A ~~SE AMLESS MANNER ; AND~~ 5
1218		-
1219		-	B. ~~PUBLIC OUTREACH, EDUCATION,~~ AND 6
1220		-	~~COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER. 7~~
1221		-
1222		-	~~(IV)~~ THE PRODUCER ~~RESPONSI~~ ~~BILITY ORGANIZATION 8~~
1223		-	~~ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION A ND ANY ADDITIONAL 9~~
1224		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATIONS DE SIGNATED UNDER THIS 10~~
1225		-	~~PARAGRAPH MAY CREATE A REPRESENTATIVE ORG ANIZATION TO REPRESE NT~~ THE 11
1226		-	~~PARTICIPATING PRODUC ER RESPONSIBILITY OR GANIZATIONS TO IMPLE MENT THE~~ 12
1227		-	~~REQUIREMENTS OF THIS SUBTITLE. 13~~
1228		-
1229		-	~~(3) (I) ON OR AFTER JULY 1, 2026,~~ AND IN ~~ACCORDANCE WI TH~~ THE 14
1230		-	~~REQUIREMENTS OF THIS SUBSECTION AND ANY REG ULATIONS ADOPTED BY THE 15~~
1231		-	~~DEPARTMENT , A PRODUCER OR GROUP~~ OF ~~PRODUCERS MAY DEV ELOP AND 16~~
1232		-	~~OPERATE AN ALTERNATI VE COLLECTION PROGRA M TO COLLECT AND MAN AGE~~ A 17
1233		-	~~TYPE OR TYPES~~ OF ~~COV ERED MATERIAL SOLD~~ , ~~OFFERED FOR SALE , OR DISTRIBUTED 18~~
1234		-	FOR SALE IN OR ~~INTO THE STATE BY THE PRODUCER OR PRODUCERS . 19~~
1235		-
1236		-	~~(II)~~ A PRODUCER ~~THAT MANAGE S A TYPE OF COVERED~~ 20
1237		-	~~MATERIAL UNDER~~ AN ~~AP PROVED ALTERNATIVE C OLLECTION PROGRAM TH ROUGH~~ 21
1238		-	~~REUSE, RECYCLING, OR COMPOSTING MAY WH OLLY OR IN PART OFFS ET THE 22~~
1239		-	PRODUCER~~’S PAYMENT OBLIGA TIONS UNDER THIS SUB TITLE.~~ 23
1240		-
1241		-	~~(III) AN ALTERNATIVE COLLEC TION PROGRAM SHALL I MPROVE~~ 24
1242		-	~~AND PROVIDE A DEDICA TED COLLECTION PROGR AM~~ FOR ~~THE APPLICABL E~~ 25
1243		-	~~COVERED~~ MATERIAL . 26
1244		-
1245		-	~~(B) (1) ON OR BEFORE APRIL 1, 2027 JULY 1, 2028, AND EVERY 5 YEARS 27~~
1246		-	~~THEREAFTER , EACH PRODUCER SHALL , INDIVIDUALLY OR AS P ART OF~~ A PRODUCER 28
1247		-	~~RESPONSIBILITY ORGAN IZATION, SUBMIT A PRODUCER RE SPONSIBILITY PLAN TO 29~~
1248		-	THE ~~DEPARTMENT FOR REVIEW AND APPROVAL . 30~~
1249		-
1250		-	~~(2) BEFORE SUBMITTING~~ THE ~~PLAN REQUIRED UNDER THIS~~ 31
1251		-	~~SUBSECTION TO THE DEPARTMENT , A PRODUCER OR PRODUCER RESPO NSIBILITY 32~~
1252		-	~~ORGANIZATION SHALL : 33~~
1253		-
1254		-	~~(I) CONSULT WITH THE ADVI SORY COUNCIL ESTABLI SHED 34~~
1255		-	~~UNDER § 9–2503 OF THIS SUBTITLE; AND 35 28 SENATE BILL 901~~
1256		-
1257		-
1258		-
1259		-	~~(II) CONSIDER~~ THE ~~WRITTEN RECOMMENDATIONS OF T HE 1~~
1260		-	~~ADVISORY COUNCIL~~ AND ~~RESPOND IN WRITING T O THE ADVISORY COUNC IL. 2~~
1261		-
1262		-	~~(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 3~~
1263		-	~~PARAGRAPH , ON OR AFTER A DATE ESTA BLISHED IN REGULATIO NS ADOPTED BY THE 4~~
1264		-	~~DEPARTMENT UNDER § 9–2509 § 9–2511 OF THIS SUBTITLE, A PRODUCER MAY NOT 5~~
1265		-	~~SELL, OFFER FOR SALE , DISTRIBUTE,~~ ~~OR IMPORT FOR S ALE OR DISTRIBUTION 6~~
1266		-	~~PACKAGING COVERED MATERIALS FOR USE IN THE STATE UNLESS THE PROD UCER, 7~~
1267		-	~~INDIVIDUALLY OR AS P ART OF A PRODUCER RE SPONSIBILITY ORGANIZ ATION, HAS~~ 8
1268		-	~~AN APPROVED PRODUCER RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT . 9~~
1269		-
1270		-	~~(II) A PRODUCER IS NO T REQUIRED TO SUBMIT A PRODUCER 10~~
1271		-	~~RESPONSIBILITY PLAN TO THE DEPARTMENT~~ , ~~INDIVIDUALLY OR AS P ART OF A 11~~
1272		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION , IF ANOTHER PERSON HA S AGREED TO 12~~
1273		-	~~ASSUME RESPONSIBILIT Y UNDER THIS SUBTITL E FOR ANY PACKAGING COVERED 13~~
1274		-	~~MATERIAL SOLD , OFFERED FOR SALE , OR DISTRIBUTED IN OR INTO THE STATE BY 14~~
1275		-	~~THAT PRODUCER . 15~~
1276		-
1277		-	~~(C) (1) A PRODUCER RESPONSIBIL ITY PLAN SHALL: 16~~
1278		-
1279		-	~~(1) (I) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, 17~~
1280		-	~~INCLUDING THE CONTAC T INFORMATION FOR EA CH PARTICIPATING PRO DUCER 18~~
1281		-	~~AND THE PRODUCER RES PONSIBILITY ORGANIZA TION~~; 19
1282		-
1283		-	~~(2) (II) IDENTIFY EACH BRAND O~~ ~~F PACKAGING COVERED 20~~
1284		-	~~MATERIALS COVERED BY THE PLAN~~; 21
1285		-
1286		-	~~(3) (III) REQUIRE, IN ACCORDANCE WITH S UBSECTION (D)~~ OF ~~THIS 22~~
1287		-	~~SECTION~~, ~~ACHIEVEMENT WITHIN 5 YEARS AFTER~~ THE ~~DATE ON WHICH THE FIRST 23~~
1288		-	~~VERSION OF THE PLAN IS APPROVED~~ AND ~~ESTA BLISH THE FOLLOWING 24~~
1289		-	~~PERFORMANCE GOALS , AS RELEVANT AND AS APPROPRIATE , FOR EACH PACKAGING 25~~
1290		-	~~COVERED MATERIAL TYPE : 26~~
1291		-
1292		-	~~(I) 1.~~ POSTCONSUMER ~~RECYCLED~~ CONTENT ~~GOALS~~ ; 27
1293		-
1294		-	(II) ~~RECYCLABILITY~~ AND ~~REC YCLING RATE GOALS ; 28~~
1295		-
1296		-	(~~III~~) ~~REUSE GOALS;~~ 29
1297		-
1298		-	~~(IV) PACKAGING REDUCTION G OALS; 30~~
1299		-
1300		-	~~(V) COMPOST ACCESS OR COM~~ ~~POST RATE GOALS~~ , ~~IF 31~~
1301		-	~~APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ; 32 SENATE BILL 901 29~~
1302		-
1303		-
1304		-
1305		-	~~(VI) CONTAMINATION REDUCTI ON RATE GOALS ; RECYCLING 1~~
1306		-	~~RATES; 2~~
1307		-
1308		-	~~2. COMPOSTING RATES ; 3~~
1309		-
1310		-	3. ~~REUSE RATES;~~ 4
1311		-
1312		-	4. ~~RETURN RATES~~; 5
1313		-
1314		-	5. THE ~~PERCENTAGE OF COV ERED MATERIALS TO BE 6~~
1315		-	~~WASTE REDUCED~~; 7
1316		-
1317		-	~~6. THE PERCENTAGE OF POS TCONSUMER RECYCLED 8~~
1318		-	~~CONTENT THAT~~ COVERED ~~MATERIALS ARE REQUIR ED TO CONTAIN, INCLUDING THE 9~~
1319		-	~~OVERALL PERCENTAGE F OR ALL COVERED MATER IALS AS APPLICABLE~~ , ~~AND NOT 10~~
1320		-	~~INCLUDING COMPOSTABL E MATERIALS THAT CAN NOT CONTAIN POSTCONS UMER 11~~
1321		-	~~RECYCLED CONTENT DUE TO UNIQUE CHEMICAL O R PHYSICAL PROPERTIE S~~ OR 12
1322		-	~~HEALTH~~ AND ~~SAFETY RE QUIREMENTS THAT PROH IBIT~~ THE ~~INTRODUCTIO N OF 13~~
1323		-	~~POSTCONSUMER RECYCLE D CONTENT; AND 14~~
1324		-
1325		-	~~(VII) 7. GREENHOUSE GAS REDUCT ION~~ GOALS; AND 15
1326		-
1327		-	~~(VIII) ANY OTHER GOAL THAT REDUCES PACKAGING MA TERIAL 16~~
1328		-	~~WASTE~~ AND ~~IS JUSTIFI ED~~ IN ~~THE PLAN;~~ 17
1329		-
1330		-	~~(4) REQUIRE EACH PARTICIP ATING PRODUCER TO RE DUCE 18~~
1331		-	~~PACKAGING MATERIAL W ASTE TO~~ THE ~~MAXIMUM EXTENT PRACTICABLE , AND~~ BY 19
1332		-	~~NOT LESS THAN 25%~~, ~~WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 20~~
1333		-	~~VERSION~~ OF THE ~~PLAN IS APPROVED; 21~~
1334		-
1335		-	~~(5) (IV) DESCRIBE~~, ~~IN ACCORDANCE WITH S UBSECTION (E) OF THIS 22~~
1336		-	~~SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE PLAN ; 23~~
1337		-
1338		-	~~(V) DESCRIBE HOW , FOR EACH COVERED MAT ERIAL TYPE,~~ ~~THE 24~~
1339		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION WILL MEASURE~~ RECYCLING~~, WASTE 25~~
1340		-	~~REDUCTION, REUSE, COMPOSTING , AND THE INCLUSION OF POSTCONSUMER 26~~
1341		-	~~RECYCLED CONTENT ; 27~~
1342		-
1343		-	~~(6) (VI) DESCRIBE HOW THE PERF ORMANCE GOALS ESTABL ISHED 28~~
1344		-	~~UNDER ITEM~~ (3) ~~(III) OF THIS SUBSECTION PARAGRAPH WILL~~ BE ~~MET OR EXCEE DED;~~ 29
1345		-
1346		-	~~(VII) INCLUDE PROPOSALS FOR EXEMPTIONS FROM~~ 30
1347		-	~~PERFORMANCE TARGETS AND STATEWIDE REQUIR EMENTS FOR COVERED 31 30 SENATE BILL 901~~
1348		-
1349		-
1350		-	MATERIALS ~~THAT CANNO T BE WASTE REDUCED O R MADE REUSABLE~~ , ~~RECYCLABLE , 1~~
1351		-	~~OR COMPOSTABLE DUE T~~ ~~O FEDERAL OR STATE HEALTH AND SAFE TY 2~~
1352		-	~~REQUIREMENTS~~ , ~~IDENTIFYING THE SPECIFIC FEDERAL OR STATE REQUIREMENT 3~~
1353		-	AND ~~THEIR IMPACT ON THE COVERED MATERIAL S~~; 4
1354		-
1355		-	~~(VIII) DESCRIBE INFRASTRUCTU RE INVESTMENTS , INCLUDING 5~~
1356		-	~~GOALS AND OUTCOMES A ND A DESCRIPTION OF HOW THE PROCESS TO O FFER AND 6~~
1357		-	~~SELECT OPPORTUNITIES WILL BE CONDUCTED IN AN OPEN, COMPETITIVE, AND FAIR 7~~
1358		-	~~MANNER, HOW IT WILL ADDRESS GAPS IN THE SYSTEM N OT MET BY SERVICE~~ 8
1359		-	~~PROVIDERS~~, AND ~~THE POTENTIAL FI NANCIAL AND LEGAL IN STRUMENTS TO BE~~ 9
1360		-	~~USED~~; 10
1361		-
1362		-	~~(IX) EXPLAIN HOW THE PROGR AM WILL BE PAID~~ FOR ~~BY THE~~ 11
1363		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION THROUGH FEES FROM PRODUCERS ,~~ 12
1364		-	~~WITHOUT ANY NEW OR A DDITIONAL CONSUMER –FACING FEE TO MEMBER S~~ OF ~~THE~~ 13
1365		-	~~PUBLIC, BUSINESSES,~~ SERVICE ~~PROVIDERS , THE STATE OR ANY POLITICA L~~ 14
1366		-	~~SUBDIVISIONS, OR ANY OTHER PERSON WHO IS NOT A PRODUCE R, UNLESS THE FEE~~ 15
1367		-	~~IS: 16~~
1368		-
1369		-	1. ~~A DEPOSIT MADE IN CONN ECTION WITH A PRODUC T’S~~ 17
1370		-	~~REFILL, REUSE, OR RECYCLING THAT CA N BE REDEEMED BY A C ONSUMER; OR 18~~
1371		-
1372		-	2. ~~A CHARGE FOR SERVICE B Y A SERVICE PROVIDER~~ , 19
1373		-	~~REGARDLESS OF WHETHE R THE SERVICE PROVID ER IS REGISTERED ; 20~~
1374		-
1375		-	~~(X) DESCRIBE ACTIVITIES T O BE UNDERTAKEN BY~~ THE 21
1376		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION DUR ING EACH YEAR TO :~~ 22
1377		-
1378		-	1. ~~MINIMIZE THE ENVIRONM ENTAL IMPACTS~~ AND 23
1379		-	~~HUMAN~~ HEALTH ~~IMPACTS OF COVERED MATERIALS~~ , ~~INCLUDING ASSESSING EACH~~ 24
1380		-	~~COVERED MATERIAL ’S GENERATION OF HAZA RDOUS WASTE , GENERATION OF 25~~
1381		-	~~GREENHOUSE GASES , ENVIRONMENTAL JUSTIC E IMPACTS,~~ ~~PUBLIC HEALTH 26~~
1382		-	~~IMPACTS,~~ AND ~~OTHER IMPACTS ; 27~~
1383		-
1384		-	~~2. FOSTER THE IMPROVED D ESIGN OF COVERED 28~~
1385		-	~~MATERIALS; 29~~
1386		-
1387		-	3. ~~PROVIDE FUNDING~~ TO ~~EX PAND AND INCREASE TH E~~ 30
1388		-	~~CONVENIENCE OF WASTE REDUCTION,~~ ~~REUSE, COLLECTION,~~ ~~RECYCLING, AND~~ 31
1389		-	~~COMPOSTING SERVICES TO COVERED ENTITIES ; 32~~
1390		-
1391		-	4. ~~PROVIDE FOR REIMBURSE MENT RATES UNDER~~ 33
1392		-	~~SUBSECTION (E)(1)(II) OF THIS SECTION TO S ERVICE PROVIDERS FOR STATEWIDE 34~~
1393		-	~~COVERAGE OF COVERED SERVICES AT AN OPTIM AL LEVEL OF CONVENIE NCE AND 35 SENATE BILL 901 31~~
1394		-
1395		-
1396		-	~~SERVICE FOR A PPLICABLE COVERED MA TERIALS ON THE LIST ESTABLISHED UNDER 1~~
1397		-	~~§ 9–2508 OF THIS SUBTITLE; AND 2~~
1398		-
1399		-	5. ~~MONITOR TO ENSURE THA~~ ~~T POSTCONSUMER 3~~
1400		-	~~MATERIALS ARE DELIVE RED TO RESPONSIBLE E ND MARKETS;~~ 4
1401		-
1402		-	~~(XI) INCLUDE PERFORMANCE S TANDARDS FOR SERVICE 5~~
1403		-	~~PROVIDERS AS APPLICA BLE TO~~ THE ~~SERVICE P ROVIDED,~~ ~~INCLUDING: 6~~
1404		-
1405		-	~~1. REQUIREMENTS~~ THAT ~~SER VICE PROVIDERS MUST 7~~
1406		-	~~ACCEPT ALL REQUIRED COVERED MATERIALS ON THE LIST ESTABLISHED UNDER § 8~~
1407		-	9–~~2508 OF THIS SUBTITLE ; AND 9~~
1408		-
1409		-	~~2. LABOR STANDARDS AND S AFETY PRACTICES , 10~~
1410		-	~~INCLUDING SAFETY PRO GRAMS,~~ ~~HEALTH BENEFITS , AND LIVING WAGES ; 11~~
1411		-
1412		-	~~(XII) DESCRIBE HOW THE PROD UCER RESPONSIBILITY 12~~
1413		-	~~ORGANIZATION WILL TR EAT~~ AND ~~PROTECT NONP UBLIC DATA SUBMITTED BY 13~~
1414		-	~~SERVICE PROVIDERS ; 14~~
1415		-
1416		-	~~(XIII) INCLUDE~~ A ~~DESCRIPTION OF HOW THE PRODUCER 15~~
1417		-	~~RESPONSIBILITY ORGAN IZATION WILL PROVIDE TECHNIC AL ASSISTANCE TO 16~~
1418		-	~~SERVICE PROVIDERS IN ORDER TO ASSIST THEM IN DELIVERING COVERE D 17~~
1419		-	~~MATERIALS~~ TO ~~RESPONS IBLE END MARKETS~~ ; 18
1420		-
1421		-	~~(7) (XIV) DESCRIBE HOW STAKEHOL~~ ~~DER COMMENTS WERE~~ 19
1422		-	~~CONSIDERED IN THE DE VELOPMENT OF THE PLA N; 20~~
1423		-
1424		-	~~(8) (XV) DESCRIBE HOW STAFFING AND ADM INISTERING THE 21~~
1425		-	~~IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED;~~ 22
1426		-
1427		-	~~(9) DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG~~ 23
1428		-	~~MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN 24~~
1429		-	~~WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUC T DESIGN AND 25~~
1430		-	~~PROGRAM INNOVATIONS~~ ; 26
1431		-
1432		-	~~(10) (XVI) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN 27~~
1433		-	~~FOR PUBLIC OUTREACH , EDUCATION,~~ AND ~~COMMUNICATION , TAKING INTO 28~~
1434		-	~~ACCOUNT THAT PUBLIC OUTREACH, EDUCATION, AND COMMUNICATION SH ALL: 29~~
1435		-
1436		-	~~(I) 1. PROMOTE~~ THE ~~RESPONS~~ ~~IBLE END –OF–LIFE 30~~
1437		-	~~MANAGEMENT OF PACKAGING COVERED MATERIALS~~; 31
	1215	+	(III) AN ALTERNATIVE COLLEC TION PROGRAM SHALL I MPROVE 1
	1216	+	AND PROVIDE A DEDICA TED COLLECTION PROGR AM FOR THE APPLICABL E 2
	1217	+	COVERED MATERIAL . 3
	1218	+
	1219	+	(B) (1) ON OR BEFORE APRIL 1, 2027 JULY 1, 2028, AND EVERY 5 YEARS 4
	1220	+	THEREAFTER , EACH PRODUCER SHALL , INDIVIDUALLY OR AS P ART OF A PRODUCER 5
	1221	+	RESPONSIBILITY ORGAN IZATION, SUBMIT A PRODUCER RE SPONSIBILITY PLAN TO 6
	1222	+	THE DEPARTMENT FOR REVIEW AND APPROVAL . 7
	1223	+
	1224	+	(2) BEFORE SUBMI TTING THE PLAN REQUI RED UNDER THIS 8
	1225	+	SUBSECTION TO THE DEPARTMENT , A PRODUCER OR PRODUC ER RESPONSIBILITY 9
	1226	+	ORGANIZATION SHALL : 10
	1227	+
	1228	+	(I) CONSULT WITH THE ADVI SORY COUNCIL ESTABLI SHED 11
	1229	+	UNDER § 9–2503 OF THIS SUBTITLE; AND 12
	1230	+
	1231	+	(II) CONSIDER THE WRITTEN RECOMMENDATIONS OF T HE 13
	1232	+	ADVISORY COUNCIL AND RESPOND IN WRITING T O THE ADVISORY COUNC IL. 14
	1233	+
	1234	+	(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
	1235	+	PARAGRAPH , ON OR AFTER A DATE ESTA BLISHED IN REGULATIO NS ADOPTED BY THE 16
	1236	+	DEPARTMENT UNDE R § 9–2509 § 9–2511 OF THIS SUBTITLE, A PRODUCER MAY NOT 17
	1237	+	SELL, OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION 18
	1238	+	PACKAGING COVERED MATERIALS FOR USE IN THE STATE UNLESS THE PROD UCER, 19
	1239	+	INDIVIDUALLY OR AS P ART OF A PRODUCER RE SPONSIBILITY ORGANIZ ATION, HAS 20
	1240	+	AN APPROVED PRODUCER RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT . 21
	1241	+
	1242	+	(II) A PRODUCER IS NOT REQU IRED TO SUBMIT A PRO DUCER 22
	1243	+	RESPONSIBILITY PLAN TO THE DEPARTMENT , INDIVIDUALLY OR AS P ART OF A 23
	1244	+	PRODUCER RESPONSIBIL ITY ORGANIZATION , IF ANOTHER P ERSON HAS AGREED TO 24
	1245	+	ASSUME RESPONSIBILIT Y UNDER THIS SUBTITL E FOR ANY PACKAGING COVERED 25
	1246	+	MATERIAL SOLD , OFFERED FOR SALE , OR DISTRIBUTED IN OR INTO THE STATE BY 26
	1247	+	THAT PRODUCER . 27
	1248	+
	1249	+	(C) (1) A PRODUCER RESPONSIBIL ITY PLAN SHALL: 28
	1250	+
	1251	+	(1) (I) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, 29
	1252	+	INCLUDING THE CONTAC T INFORMATION FOR EA CH PARTICIPATING PRO DUCER 30
	1253	+	AND THE PRODUCER RES PONSIBILITY ORGANIZA TION; 31
	1254	+
	1255	+	(2) (II) IDENTIFY EACH BRAND O F PACKAGING COVERED 32
	1256	+	MATERIALS COVERED BY THE PLAN; 33
	1257	+	28 SENATE BILL 901
	1258	+
	1259	+
	1260	+	(3) (III) REQUIRE, IN ACCORDANCE WITH S UBSECTION (D) OF THIS 1
	1261	+	SECTION, ACHIEVEMENT WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 2
	1262	+	VERSION OF THE PLAN IS APPROVED AND ESTA BLISH THE FOLLOWING 3
	1263	+	PERFORMANCE GOALS , AS RELEVANT AND AS APPROPRIATE , FOR EACH PACKAGING 4
	1264	+	COVERED MATERIAL TYPE : 5
	1265	+
	1266	+	(I) 1. POSTCONSUMER RECYCLED CONTENT GOALS ; 6
	1267	+
	1268	+	(II) RECYCLABILITY AND REC YCLING RATE GOALS ; 7
	1269	+
	1270	+	(III) REUSE GOALS; 8
	1271	+
	1272	+	(IV) PACKAGING REDUCTION G OALS; 9
	1273	+
	1274	+	(V) COMPOST ACCESS OR COM POST RATE GOALS , IF 10
	1275	+	APPLICABLE AND TECHN OLOGICALLY AND ENVIR ONMENTALLY FEASIBLE ; 11
	1276	+
	1277	+	(VI) CONTAMINATION REDUCTI ON RATE GOALS ; RECYCLING 12
	1278	+	RATES; 13
	1279	+
	1280	+	2. COMPOSTING RATES ; 14
	1281	+
	1282	+	3. REUSE RATES; 15
	1283	+
	1284	+	4. RETURN RATES; 16
	1285	+
	1286	+	5. THE PERCENTAGE OF COV ERED MATERIALS TO BE 17
	1287	+	WASTE REDUCED; 18
	1288	+
	1289	+	6. THE PERCENTAGE OF POS TCONSUMER RECYCLED 19
	1290	+	CONTENT THAT COVERED MATERIALS ARE REQUIR ED TO CONTAIN, INCLUDING THE 20
	1291	+	OVERALL PERCENTAGE F OR ALL COVERED MATER IALS AS APPLICABLE , AND NOT 21
	1292	+	INCLUDING COMPOSTABL E MATERIALS THAT CAN NOT CONTAIN POSTCONS UMER 22
	1293	+	RECYCLED CONTENT DUE TO UNIQUE CHEMICAL O R PHYSICAL PROPERTIE S OR 23
	1294	+	HEALTH AND SAFETY RE QUIREMENTS THAT PROH IBIT THE INTRODUCTIO N OF 24
	1295	+	POSTCONSUMER RECYCLE D CONTENT; AND 25
	1296	+
	1297	+	(VII) 7. GREENHOUSE GAS REDUCT ION GOALS; AND 26
	1298	+
	1299	+	(VIII) ANY OTHER GOAL THAT REDUCES PACKAGING MA TERIAL 27
	1300	+	WASTE AND IS JUSTIFI ED IN THE PLAN; 28
	1301	+
	1302	+	(4) REQUIRE EACH PARTICIP ATING PRODUCER TO RE DUCE 29
	1303	+	PACKAGING MATERIAL W ASTE TO THE MAXIMUM EXTENT PRACTICABLE , AND BY 30 SENATE BILL 901 29
	1304	+
	1305	+
	1306	+	NOT LESS THAN 25%, WITHIN 5 YEARS AFTER THE DATE ON WHICH THE FIRST 1
	1307	+	VERSION OF THE PLAN IS A PPROVED; 2
	1308	+
	1309	+	(5) (IV) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (E) OF THIS 3
	1310	+	SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE PLAN ; 4
	1311	+
	1312	+	(V) DESCRIBE HOW , FOR EACH COVERED MAT ERIAL TYPE, THE 5
	1313	+	PRODUCER RESPONSIBIL ITY ORGANIZATION WILL ME ASURE RECYCLING , WASTE 6
	1314	+	REDUCTION, REUSE, COMPOSTING , AND THE INCLUSION OF POSTCONSUMER 7
	1315	+	RECYCLED CONTENT ; 8
	1316	+
	1317	+	(6) (VI) DESCRIBE HOW THE PERF ORMANCE GOALS ESTABL ISHED 9
	1318	+	UNDER ITEM (3) (III) OF THIS SUBSECTION PARAGRAPH WILL BE MET OR EXCEEDED; 10
	1319	+
	1320	+	(VII) INCLUDE PROPOSALS FOR EXEMPTIONS FROM 11
	1321	+	PERFORMANCE TARGETS AND STATEWIDE REQUIR EMENTS FOR COVERED 12
	1322	+	MATERIALS THAT CANNO T BE WASTE REDUCED O R MADE REUSABLE , RECYCLABLE , 13
	1323	+	OR COMPOSTABLE DUE T O FEDERAL OR STATE HEALTH AND SAFE TY 14
	1324	+	REQUIREMENTS , IDENTIFYING THE SPEC IFIC FEDERAL OR STATE REQUIREMENT 15
	1325	+	AND THEIR IMPACT ON THE COVERED MATERIAL S; 16
	1326	+
	1327	+	(VIII) DESCRIBE INFRASTRUCTU RE INVESTMENTS , INCLUDING 17
	1328	+	GOALS AND OUTCOMES A ND A DESCRIPTION OF HOW THE PROCESS TO O FFER AND 18
	1329	+	SELECT OPPORTUNITIES WILL BE CONDUCTED IN AN OPEN , COMPETITIVE, AND FAIR 19
	1330	+	MANNER, HOW IT WILL ADDRESS GAPS IN THE SYSTEM N OT MET BY SERVICE 20
	1331	+	PROVIDERS, AND THE POTENTIAL FI NANCIAL AND LEGAL IN STRUMENTS TO BE 21
	1332	+	USED; 22
	1333	+
	1334	+	(IX) EXPLAIN HOW THE PROGR AM WILL BE PAID FOR BY THE 23
	1335	+	PRODUCER RESPONSIB ILITY ORGANIZATION T HROUGH FEES FROM PRO DUCERS, 24
	1336	+	WITHOUT ANY NEW OR A DDITIONAL CONSUMER –FACING FEE TO MEMBER S OF THE 25
	1337	+	PUBLIC, BUSINESSES, SERVICE PROVIDERS , THE STATE OR ANY POLITICA L 26
	1338	+	SUBDIVISIONS, OR ANY OTHER PERSON WHO IS NOT A PRODUCE R, UNLESS THE FEE 27
	1339	+	IS: 28
	1340	+
	1341	+	1. A DEPOSIT MADE IN CONN ECTION WITH A PRODUC T’S 29
	1342	+	REFILL, REUSE, OR RECYCLING THAT CA N BE REDEEMED BY A C ONSUMER; OR 30
	1343	+
	1344	+	2. A CHARGE FOR SERVICE B Y A SERVICE PROVIDER , 31
	1345	+	REGARDLESS OF WHETHE R THE SERVICE PROVID ER IS REGISTERED ; 32
	1346	+
	1347	+	(X) DESCRIBE ACTIV ITIES TO BE UNDERTAK EN BY THE 33
	1348	+	PRODUCER RESPONSIBIL ITY ORGANIZATION DUR ING EACH YEAR TO : 34
	1349	+	30 SENATE BILL 901
	1350	+
	1351	+
	1352	+	1. MINIMIZE THE ENVIRONM ENTAL IMPACTS AND 1
	1353	+	HUMAN HEALTH IMPACTS OF COVERED MATERIALS , INCLUDING ASSESSING EACH 2
	1354	+	COVERED MATERIAL ’S GENERATION OF HAZA RDOUS WASTE , GENERATION OF 3
	1355	+	GREENHOUSE GASES , ENVIRONMENTAL JUSTIC E IMPACTS, PUBLIC HEALTH 4
	1356	+	IMPACTS, AND OTHER IMPACTS ; 5
	1357	+
	1358	+	2. FOSTER THE IMPROVED D ESIGN OF COVERED 6
	1359	+	MATERIALS; 7
	1360	+
	1361	+	3. PROVIDE FUNDING TO EX PAND AND INCREASE TH E 8
	1362	+	CONVENIENCE OF WASTE REDUCTION, REUSE, COLLECTION, RECYCLING, AND 9
	1363	+	COMPOSTING SERVICES TO COVERED ENTITIES ; 10
	1364	+
	1365	+	4. PROVIDE FOR REIMBURSE MENT RATES UNDER 11
	1366	+	SUBSECTION (E)(1)(II) OF THIS SECTION TO S ERVICE PROVIDERS FOR STATEWIDE 12
	1367	+	COVERAGE OF COVERED SERVICES AT AN OPTIM AL LEVEL OF CONVENIE NCE AND 13
	1368	+	SERVICE FOR APPLICABLE CO VERED MATERIALS ON T HE LIST ESTABLISHED UNDER 14
	1369	+	§ 9–2508 OF THIS SUBTITLE; AND 15
	1370	+
	1371	+	5. MONITOR TO ENSURE THA T POSTCONSUMER 16
	1372	+	MATERIALS ARE DELIVE RED TO RESPONSIBLE E ND MARKETS; 17
	1373	+
	1374	+	(XI) INCLUDE PERFORMANCE S TANDARDS FOR SERVICE 18
	1375	+	PROVIDERS AS APPLICABLE TO THE SE RVICE PROVIDED , INCLUDING: 19
	1376	+
	1377	+	1. REQUIREMENTS THAT SER VICE PROVIDERS MUST 20
	1378	+	ACCEPT ALL REQUIRED COVERED MATERIALS ON THE LIST ESTABLISHED UNDER § 21
	1379	+	9–2508 OF THIS SUBTITLE ; AND 22
	1380	+
	1381	+	2. LABOR STANDARDS AND S AFETY PRACTICES , 23
	1382	+	INCLUDING SAF ETY PROGRAMS , HEALTH BENEFITS , AND LIVING WAGES ; 24
	1383	+
	1384	+	(XII) DESCRIBE HOW THE PROD UCER RESPONSIBILITY 25
	1385	+	ORGANIZATION WILL TR EAT AND PROTECT NONP UBLIC DATA SUBMITTED BY 26
	1386	+	SERVICE PROVIDERS ; 27
	1387	+
	1388	+	(XIII) INCLUDE A DESCRIPTION OF HOW THE PRODUCER 28
	1389	+	RESPONSIBILITY ORGAN IZATION WILL PROVIDE TECHNICAL ASSISTANCE TO 29
	1390	+	SERVICE PROVIDERS IN ORDER TO ASSIST THEM IN DELIVERING COVERE D 30
	1391	+	MATERIALS TO RESPONS IBLE END MARKETS ; 31
	1392	+
	1393	+	(7) (XIV) DESCRIBE HOW STAKEHOL DER COMMENTS WERE 32
	1394	+	CONSIDERED IN THE DE VELOPMENT OF THE PLA N; 33
	1395	+	SENATE BILL 901 31
	1396	+
	1397	+
	1398	+	(8) (XV) DESCRIBE HOW STAFFING AND ADMINISTERING TH E 1
	1399	+	IMPLEMENTATION OF TH E PLAN WILL BE HANDL ED; 2
	1400	+
	1401	+	(9) DESCRIBE THE STRATEGY FOR REDUCING PACKAGI NG 3
	1402	+	MATERIALS IN THE STATE, INCLUDING HOW PRODUC ERS PARTICIPATING IN A PLAN 4
	1403	+	WILL WORK TOGETHER T O REDUCE PACKAGING T HROUGH PRODUCT DESIGN AN D 5
	1404	+	PROGRAM INNOVATIONS ; 6
	1405	+
	1406	+	(10) (XVI) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN 7
	1407	+	FOR PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION , TAKING INTO 8
	1408	+	ACCOUNT THAT PUBLIC OUTREACH, EDUCATION, AND COMMUNICATION SH ALL: 9
	1409	+
	1410	+	(I) 1. PROMOTE TH E RESPONSIBLE END –OF–LIFE 10
	1411	+	MANAGEMENT OF PACKAGING COVERED MATERIALS; 11
	1412	+
	1413	+	(II) 2. PROVIDE INFORMATION O N HOW TO PREVENT LIT TER 12
	1414	+	OF PACKAGING COVERED MATERIALS; 13
	1415	+
	1416	+	(III) 3. PROVIDE RECYCLING AND ORGANICS RECYCLING 14
	1417	+	COMPOSTING INSTRUCTIONS THAT AR E, TO THE EXTENT PRACTICABLE : 15
	1418	+
	1419	+	1. A. CONSISTENT STATEWIDE , TAKING INTO ACCOUNT 16
	1420	+	DIFFERENCES AMONG LO CAL LAWS AND PROCESS ING CAPABILITIES; 17
	1421	+
	1422	+	2. B. EASY TO UNDERSTAND ; AND 18
	1423	+
	1424	+	3. C. EASILY ACCESSIBLE ; AND 19
	1425	+
	1426	+	(IV) 4. PROVIDE FOR OUTREACH AND EDUCATION THAT ARE: 20
	1427	+
	1428	+	1. A. DESIGNED TO ACHIEVE P ACKAGING MATERIALS 21
	1429	+	MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF 22
	1430	+	CONTAMINATION OF PACKAGING COVERED MATERIALS; 23
	1431	+
	1432	+	2. B. COORDINATED ACROSS PR OGRAMS TO AVOID 24
	1433	+	CONFUSION FOR CONSUM ERS; AND 25
	1434	+
	1435	+	3. C. DEVELOPED IN CONSULTAT ION WITH LOCAL 26
	1436	+	GOVERNMENTS AND OTHE R STAKEHOLDERS ; 27
	1437	+
	1438	+	(11) (XVII) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (F) OF 28
	1439	+	THIS SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING 29
	1440	+	REUSE, ORGANICS RECYCLING COMPOSTING , AND RECYCLING IN THE STATE; 30
1438	1441		32 SENATE BILL 901
1439	1442
1440	1443
1441		-	(II) ~~2. PROVIDE INFORMATION O N HOW TO PREVENT LIT TER~~ 1
1442		-	~~OF PACKAGING COVERED MATERIALS;~~ 2
1443		-
1444		-	~~(III) 3.~~ ~~PROVIDE RECYCLING AND ORGANICS RECYCLING 3~~
1445		-	~~COMPOSTING INSTRUCTIONS THAT AR E, TO THE EXTENT PRACTICABLE : 4~~
1446		-
1447		-	1. ~~A. CONSISTENT STATEWIDE , TAKING INTO ACCOUNT 5~~
1448		-	~~DIFFERENCES AMONG LO CAL LAWS AND PROCESS ING CAPABILITIES; 6~~
1449		-
1450		-	2. ~~B. EASY TO UNDERSTAND~~ ; ~~AND 7~~
1451		-
1452		-	3. ~~C. EASILY ACCESSIBLE ; AND 8~~
1453		-
1454		-	~~(IV) 4. PROVIDE FOR OUTREACH AND EDUCATION THAT A RE: 9~~
1455		-
1456		-	1. ~~A. DESIGNED TO ACHIEVE P ACKAGING~~ MATERIALS 10
1457		-	~~MANAGEMENT GOALS AND REQUIREMENTS , INCLUDING THE PREVEN TION OF 11~~
1458		-	~~CONTAMINATION OF PACKAGING COVERED MATERIALS;~~ 12
1459		-
1460		-	2. ~~B. COORDINATED ACROSS PR OGRAMS TO AVOID 13~~
1461		-	~~CONFUSION FOR CONSUM ERS;~~ AND 14
1462		-
1463		-	3. ~~C. DEVELOPED I N CONSULTATION WITH LOCAL 15~~
1464		-	~~GOVERNMENTS~~ AND ~~OTHE R STAKEHOLDERS ; 16~~
1465		-
1466		-	~~(11) (XVII) DESCRIBE,~~ ~~IN ACCORDANCE WITH S UBSECTION (F) OF 17~~
1467		-	~~THIS SECTION, THE AMOUNT OF FUNDIN G THAT WILL BE USED FOR IMPROVING 18~~
1468		-	~~REUSE, ORGANICS RECYCLING COMPOSTING , AND RECYCLING IN~~ THE ~~STATE; 19~~
1469		-
1470		-	~~(12) (XVIII) DESCRIBE~~ THE ~~PROCESS BY WHICH A LOCAL 20~~
1471		-	~~GOVERNMENT SERVICE PROVIDER MAY REQUEST REIMBURS EMENT FOR COSTS 21~~
1472		-	~~ASSOCIATED WITH TRAN SPORTING,~~ ~~COLLECTING, AND PROCESSING PACKAGING 22~~
1473		-	~~COVERED MATERIALS THAT ARE I DENTIFIED IN~~ THE ~~PLAN, INCLUDING:~~ 23
1474		-
1475		-	(I) 1. THE ~~PROCESS BY WHICH THE REQUEST WILL BE 24~~
1476		-	~~REVIEWED; 25~~
1477		-
1478		-	(II) ~~2. THE PROCESS FOR APPRO VING OR DENYING A 26~~
1479		-	~~REQUEST FOR REIMBURS EMENT;~~ 27
1480		-
1481		-	~~(III) 3.~~ THE ~~SCHEDULE FOR PROV IDING REIMBURSEMENT 28~~
1482		-	~~THAT INCLUDES REIMBU RSEMENT ON AT LEAS T A QUARTERLY BASIS ; AND 29~~
1483		-	~~SENATE BILL 901~~ 33
1484		-
1485		-
1486		-	~~(IV) 4. THE PROCESS FOR PROVI DING REIMBURSEMENT F OR 1~~
1487		-	~~MULTIPLE BRANDS OF PACKAGING COVERED MATERIALS; AND 2~~
1488		-
1489		-	5. ~~THE PROCESS FOR RESOL~~ ~~VING, THROUGH 3~~
1490		-	~~ARBITRATION, DISPUTES THAT ARISE BETWEEN THE PRODUCER RESPONSIBILITY 4~~
1491		-	~~ORGANIZATION AND~~ A ~~S ERVICE PROVIDER REGA RDING THE DETERMINAT ION~~ OF 5
1492		-	~~REIMBURSEMENT RATES~~ AND ~~PAYMENT OF REIMB URSEMENTS ; 6~~
1493		-
1494		-	~~(13) (XIX) (I) 1. PROVIDE THE WRITTEN~~ R ~~ECOMMENDATIONS 7~~
1495		-	~~FROM THE ADVISORY CO UNCIL PROVIDED UNDER § 9–2503 OF THIS SUBTITLE~~ AND 8
1496		-	~~THE PRODUC ER RESPONSIBILITY OR GANIZATION’S WRITTEN RESPONSE~~ T ~~O THE 9~~
1497		-	~~ADVISORY COUNCIL ; AND 10~~
1498		-
1499		-	(II) ~~2. DESCRIBE HOW~~ THE ~~WRIT TEN RECOMMENDATIONS 11~~
1500		-	~~FROM~~ THE ~~ADVISORY CO UNCIL WERE CONSIDERE D AND ADDRESSED IN T HE 12~~
1501		-	~~DEVELOPMENT~~ OF THE ~~P LAN;~~ ~~AND 13~~
1502		-
1503		-	~~(14) (XX) INCLUDE ANY OTHER I NFORMATION THAT IS R EQUIRED BY~~ 14
1504		-	~~THE DEPARTMENT .~~ 15
1505		-
1506		-	~~(2) THE PERFORMANCE GOALS ESTABLISHED UNDER PA RAGRAPH 16~~
1507		-	~~(1)(III) OF THIS SUBSECTION D O NOT APPLY TO:~~ 17
1508		-
1509		-	(I) ~~PRODUCTS PACKAGED AT~~ ~~ESTABLISHMENTS UNDER 18~~
1510		-	~~MANDATORY INSPECTION BY THE U.S. DEPARTMENT OF AGRICULTURE’S FOOD 19~~
1511		-	~~SAFETY AND INSPECTION SERVICE IN ACCORDANCE WITH THE FEDERAL MEAT 20~~
1512		-	~~INSPECTION ACT, THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, THE 21~~
1513		-	~~FEDERAL EGG PRODUCTS INSPECTION ACT,~~ ~~OR U.S. DEPARTMENT OF~~ 22
1514		-	~~AGRICULTURAL~~ OR ~~U.S. FOOD AND DRUG ADMINISTRATION REGULA TIONS~~ 23
1515		-	~~RELATED TO CHEESE PA CKAGING;~~ 24
1516		-
1517		-	~~(II) PRODUCTS PACKAGED AT FACILITIES REGULATED UNDER 25~~
1518		-	~~STATE MEAT AND DAIRY INSPECTION LAWS ; OR 26~~
1519		-
1520		-	~~(III) FOR A PERIOD OF 5 YEARS AFTER THE DATE ON WHICH THE 27~~
1521		-	~~FIRST VERSION OF THE PLAN IS APPROVED AND ESTABLISHED, WITH AN OPTIONAL 28~~
1522		-	~~EXTENSION OF 5 YEARS CONTINGENT ON THE DEVELOPMENT OF R ECYCLING,~~ 29
1523		-	~~INCLUDING ORGANICS R ECYCLING~~, ~~INFRASTRUCTURE CAPAB LE~~ OF ~~HANDLING~~ 30
1524		-	~~PATHOGEN–CONTAMINATED PACKAGI NG IN A SAFE AND EFF ECTIVE MANNER ,~~ 31
1525		-	~~CHEESE, MEAT, AND POULTRY PREPARED AND PACKAGED AT RETAIL LOCATIONS 32~~
1526		-	~~SUCH AS GROCERY STOR ES, BUTCHER SHOPS , OR ONLINE RETAILERS~~ . 33
1527		-
1528		-	~~(D) BASED ON THE RESULTS~~ OF THE ~~MOST RECENT S TATEWIDE RECYCLING~~ 34
1529		-	~~NEEDS ASSESSMENT CON DUCTED UNDER CHAPTER 465 OF THE ACTS OF THE~~ 35 ~~34 SENATE BILL 901~~
1530		-
1531		-
1532		-	~~GENERAL ASSEMBLY OF 2023 OR § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN 1~~
1533		-	~~COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION~~ AND ~~VIA THE 2~~
1534		-	~~APPROVAL OF PRODUCER RESPONSIBILITY PLANS , SHALL ESTABLISH 3~~
1535		-	~~PERFORMANCE GOALS FO R EACH PACKAGING COVERED MATERIAL TYPE USING A~~ 4
1536		-	~~BASELINE YEAR THAT I S INFORMED BY T HE STATEWIDE RECYCLI NG NEEDS 5~~
1537		-	~~ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GO ALS FOR EACH 6~~
1538		-	~~PACKAGING COVERED MATERIAL TYPE ,~~ AT ~~5–, 10–, AND 15–YEAR INTERVALS . 7~~
1539		-
1540		-	~~(E) (1) THE FINANCING METHOD THAT WILL BE USED BY A PRODUCER 8~~
1541		-	~~RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODUCER RESPONSIBILITY 9~~
1542		-	~~PLAN SHALL:~~ 10
1543		-
1544		-	~~(I) PROVIDE~~ THE ~~METHOD FO R EITHER DIRECT INVE STMENTS 11~~
1545		-	~~OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE~~ , ~~ORGANICS 12~~
1546		-	~~RECYCLING COMPOSTING , AND RECYCLING IN ACC ORDANCE WITH SUBSECT ION 13~~
1547		-	~~(C)(11) (C)(1)(XVII) OF THIS SECTION,~~ WITH ~~PRIORITY GIVEN TO THE IMPROVEMENT 14~~
1548		-	~~OF EXISTING INFRASTR UCTURE; 15~~
1549		-
1550		-	~~(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 16~~
1551		-	~~PROVIDE: 17~~
1552		-
1553		-	1. ~~PROVIDE~~ A ~~METHODOLOGY FOR REIMBURSEMENT 18~~
1554		-	~~RATES FOR COVERED SE RVICES FOR COVERED M ATERIALS, EXCLUSIVE OF EXEMPT 19~~
1555		-	~~MATERIALS AND PRODUCERS ; 20~~
1556		-
1557		-	2. ~~INCORPORATE RELEVANT~~ ~~COST INFORMATION 21~~
1558		-	~~IDENTIFIED BY THE MO ST RECENT NEEDS ASSE SSMENT PERFORMED UND ER 22~~
1559		-	~~CHAPTER 465 OF THE ACTS OF THE GENERAL ASSEMBLY OR § 9–1702.2 OF THIS 23~~
1560		-	~~TITLE~~; 24
1561		-
1562		-	3~~. BE UPDATED ANNUALLY;~~ ~~AND 25~~
1563		-
1564		-	4. ~~ESTABLISH REIMBURSEME NT RATES EQUIVALENT 26~~
1565		-	~~TO: 27~~
1566		-
1567		-	~~A. AT LEAST 50%~~ OF ~~THE COST PER TON ON OR BEFORE 28~~
1568		-	~~JULY 1, 2028; 29~~
1569		-
1570		-	B. ~~AT LEAST 75%~~ OF ~~THE COST PER TON ON OR BEFORE 30~~
1571		-	~~JULY 1, 2029; AND 31~~
1572		-
1573		-	~~C. AT LEAST 90%~~ OF THE ~~COST PER TON ON OR BEFORE 32~~
1574		-	~~JULY 1, 2030, AND EACH YEAR THEREA FTER A REASONABLE ANNUAL RATE PER TON 33~~ SENATE BILL 901 35
1575		-
1576		-
1577		-	~~OF RECYCLED OR COMPO STED PACKAGING MATERIALS~~ FOR ~~REIMBURSING LOCA L~~ 1
1578		-	~~GOVERNMENTS FOR COST S ASSOCIATED~~ WITH : 2
1579		-
1580		-	~~1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING 3~~
1581		-	~~MATERIALS THAT ARE I DENTIFIED~~ IN THE ~~PLA N;~~ 4
1582		-
1583		-	2. ~~TRANSPORTING RECYCLAB LE OR COMPOSTABLE 5~~
1584		-	~~PACKAGING MATERIALS TO A MATERIALS RECYC LING FACILITY OR AN ORGANICS 6~~
1585		-	~~RECYCLING FACILITY ;~~ 7
1586		-
1587		-	3. ~~PROCESSING PACKAGING MATERIALS, INCLUDING 8~~
1588		-	~~REMOVING CONTAMINATI ON; AND 9~~
1589		-
1590		-	4. ~~CONVERTING PACKAGING MATERIALS~~ THAT ~~ARE 10~~
1591		-	~~DIVERTED TO BE RECYC LED OR COMPOSTED INT O COMMODITY MATERIAL S~~; 11
1592		-
1593		-	(~~III~~) ~~SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION~~ , 12
1594		-	~~ESTABLISH A FEE STRUCTURE FOR PARTICIPATING PRODUC ERS~~ THAT ~~IS SET IN A 13~~
1595		-	~~MANNER TO COVER COSTS ASSOCIATED WIT H:~~ 14
1596		-
1597		-	~~1. IMPLEMENTING~~ THE ~~PLAN , INCLUDING THE 15~~
1598		-	~~ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N; 16~~
1599		-
1600		-	2~~. REIMBURSING LOCAL GOV ERNMENTS OR SERVICE 17~~
1601		-	~~PROVIDERS FOR COSTS IN ACCORDA NCE WITH ITEM~~ (II) OF THIS ~~PARAGRAPH ; 18~~
1602		-
1603		-	3. THE ~~ADMINISTRATION~~ , ~~REVIEW, OVERSIGHT,~~ ~~AND 19~~
1604		-	~~ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ; AND 20~~
1605		-
1606		-	4. ~~IMPLEMENTING~~ THE ~~STRA TEGY IN THE PLAN FOR 21~~
1607		-	~~REDUCING PACKAGING M ATERIALS IN ACCORDAN CE WITH SUBSECTION (C)(9) OF 22~~
1608		-	~~THIS SECTION;~~ ~~AND~~ 23
1609		-
1610		-	~~5. IMPLEMENTING THE STRATEGY IN THE PLAN FOR 24~~
1611		-	~~IMPROVING REUSE , ORGANICS RECYCLING COMPOSTING , AND RECYCLING IN~~ THE 25
1612		-	~~STATE IN ACCORDANCE W ITH SUBSECTION (C)(11) (C)(1)(XVII) OF THIS SECTION;~~ 26
1613		-
1614		-	~~(IV) 1~~. ~~DESCRIBE THE INCENTIV ES TO ENCOURAGE~~ 27
1615		-	~~PARTICIPATING PRODUC ERS TO ENGAGE IN W ASTE REDUCTION~~ AND ~~R ECYCLING~~ 28
1616		-	~~ACTIVITIES; AND 29~~
1617		-
1618		-	2. ~~DESCRIBE THE DISINCEN TIVES TO DISCOURAGE~~ 30
1619		-	~~DESIGNS OR PRACTICES THAT INCREASE~~ THE ~~CO ST OF MANAGING PACKA GING~~ 31
1620		-	~~MATERIALS;~~ 32 36 SENATE BILL 901
1621		-
1622		-
1623		-
1624		-	(V) ~~BE EVALUATED BY AN IN DEPENDENT FINANCIAL AUDITOR,~~ 1
1625		-	~~AS DESIGNATED~~ BY ~~THE DEPARTMENT , TO ENSURE~~ THAT ~~THE C OSTS OF~~ 2
1626		-	~~IMPLEMENTING~~ THE ~~PLA N ARE COVERED ; AND~~ 3
1627		-
1628		-	~~(VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE 4~~
1629		-	~~DEPARTMENT BY REGULAT ION.~~ 5
1630		-
1631		-	(2~~) THE REIMBURSEMENT RAT E ESTABLISHED UNDER PARAGRAPH~~ 6
1632		-	~~(1)(II) OF THIS SUBSECTION S HALL BE: 7~~
1633		-
1634		-	~~(I) BASED ON THE FOLLOWING , AS APPLICABLE BY SER VICE 8~~
1635		-	~~PROVIDED: 9~~
1636		-
1637		-	1. ~~THE POPULATION SIZE O F A LOCAL JURISDICTI ON~~; 10
1638		-
1639		-	2. ~~THE DISTANCE~~ TO ~~THE R ELEVANT MATERIALS~~ 11
1640		-	~~RECYCLING FACILITY O R ORGANICS RECYCLING FACILITY~~; 12
1641		-
1642		-	3. THE ~~COMMODITY VALUE O F RECYCLED PACKAGING~~ 13
1643		-	MATERIALS~~; AND~~ 14
1644		-
1645		-	~~4. ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS 15~~
1646		-	~~DETERMINED BY~~ THE ~~DEPARTMENT ; AND~~ 16
1647		-
1648		-	~~(II) DISCOUNTED EQUIVALENT TO THE ESTIMATED ANN UAL 17~~
1649		-	~~VOLUME~~ OF ~~PACKAGING MATERIALS SOLD IN TH E STATE BY PERSONS THAT ARE~~ 18
1650		-	~~EXEMPT FROM~~ THE ~~REQUIREMENTS OF THIS SUBTITLE BE BASED ON THE~~ 19
1651		-	~~FOLLOWING, AS APPLICABLE BY SER VICE PROVIDED~~ : 20
1652		-
1653		-	~~(I) A FIXED AMOUNT FOR EAC H TON OF COVERED MAT ERIAL~~ 21
1654		-	~~COLLECTED BY~~ A ~~SERVI CE PROVIDER THAT REF LECTS CONDITIONS AFF ECTING~~ 22
1655		-	~~COLLECTION~~, ~~RECYCLING, AND COMPOSTIN G COSTS IN~~ THE ~~REGIO N OR~~ 23
1656		-	~~JURISDICTION WHERE T HE SERVICES WERE PRO VIDED,~~ ~~INCLUDING:~~ 24
1657		-
1658		-	1. THE ~~NUMBER~~ AND ~~SIZE O F COVERED ENTITIES ;~~ 25
1659		-
1660		-	2. ~~POPULATION DENSITY~~ ; 26
1661		-
1662		-	3. ~~COLLECTION METHODS EM PLOYED;~~ 27
1663		-
1664		-	4. THE ~~DISTANCE TRAVELED TO CONSOLIDATION OR 28~~
1665		-	~~TRANSFER FACILITIES,~~ ~~MATERIALS RECYCLING FACILITIES,~~ ~~REUSE FACILITIES , 29~~
1666		-	~~COMPOSTING FACILITIE S, OR RESPONSIBLE END M ARKETS; 30 SENATE BILL 901 37~~
1667		-
1668		-
1669		-
1670		-	5. ~~OTHER FACTORS THAT MA Y CONTRIBUTE TO 1~~
1671		-	~~REGIONAL OR JURISDIC TIONAL COST DIFFEREN CES; 2~~
1672		-
1673		-	6. ~~THE PROPORTION OF COV ERED COMPOSTABLE 3~~
1674		-	~~MATERIALS WITHIN ALL SOURC E–SEPARATED COMPOSTABL E MATERIALS 4~~
1675		-	~~COLLECTED OR MANAGED THROUGH COMPOSTING ; AND 5~~
1676		-
1677		-	7. ~~THE GENERAL QUALITY O F COVERED MATERIALS 6~~
1678		-	~~RECYCLED OR COMPSTED BY A SERVICE PROVIDE R;~~ 7
1679		-
1680		-	~~(II) A FIXED AMOUNT~~ FOR ~~EAC H TON OF~~ COVERED ~~MAT ERIAL 8~~
1681		-	~~RECYCLED OR COMPOSTED BY A SERVICE PROVIDER IN~~ THE ~~PREVIOUS CALENDA R 9~~
1682		-	~~YEAR BASED ON : 10~~
1683		-
1684		-	1. ~~THE AVERAGE COSTS ASS OCIATED WITH THE 11~~
1685		-	~~TRANSPORTATION~~ AND ~~P ROCESSING,~~ ~~FROM A CENTRAL LOCAT ION WITHIN A 12~~
1686		-	~~POLITICAL SUBDIVISIO N~~, OF ~~COLLECTED COVERED MATERIAL FROM THE PO LITICAL 13~~
1687		-	~~SUBDIVISION TO A MAT ERIALS RECYCLING FAC ILITY OR COMPOSTING FACILITY;~~ 14
1688		-
1689		-	~~2. THE PROCESSING OF , AND REMOVAL OF 15~~
1690		-	~~CONTAMINATION FROM~~ , ~~COVERED MATERIALS BY A MATERIALS RECYCLIN G 16~~
1691		-	~~FACILITY OR COMPOSTI NG FACILITY;~~ 17
1692		-
1693		-	~~3. THE RECYCLING OR COMP OSTING OF COVE RED 18~~
1694		-	~~MATERIALS LESS~~ THE ~~A VERAGE FAIR MARKET V ALUE FOR THAT COVERE D 19~~
1695		-	~~MATERIAL BASED ON TH E MARKET INDICES~~ FOR THE ~~REGION, UPDATED MONTHLY ; 20~~
1696		-
1697		-	~~4. COSTS ASSOCIATED WITH THE~~ MANAGEMENT OF 21
1698		-	~~CONTAMINATED MATERIA LS REMOVED FROM THE COLLECTED COVERED 22~~
1699		-	~~MATERIALS; AND 23~~
1700		-
1701		-	5. ~~THE PROPORTION OF COV ERED COMPOSTABLE 24~~
1702		-	~~MATERIALS WITHIN ALL SOURCE–SEPARATED COMPOSTABL E MATERIALS 25~~
1703		-	~~COLLECTED OR MANAGED THROUGH COMPOSTING~~ ; 26
1704		-
1705		-	~~(III) AN ADDITIONAL FIXED A MOUNT PER TON , IN EXCESS OF THE 27~~
1706		-	~~RATE PROVIDED UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , FOR EACH 28~~
1707		-	~~COVERED MATERIAL TYP E NOT LISTED~~ UNDER ~~§ 9–2508 OF THIS SUBTITLE THA T 29~~
1708		-	~~WAS RECYCLED OR COMP OSTED BY A SERVICE P ROVIDER IN THE PREVI OUS 30~~
1709		-	~~CALENDAR YEAR , LESS THE AVERAGE FAI R MARKET VALUE FOR T HE COVERED 31~~
1710		-	~~MATERIAL BASED ON TH E MARKET INDICE S FOR THE REGION~~ , ~~UPDATED MONTHLY ; 32~~
1711		-	38 SENATE BILL 901
1712		-
1713		-
1714		-	~~(IV) A FIXED AMOUNT FOR EAC H TON OF MIXED RECYC LING 1~~
1715		-	~~THAT IS MANAGED THRO UGH A PROCESS THAT I NCLUDES PERCENTAGES~~ OF 2
1716		-	~~COVERED MATERIALS LI STED UNDER § 9–2508 OF THIS SUBTITLE AND ADDITIONAL 3~~
1717		-	~~COVERED MATERIALS , PRORATED FO R THE VALUES IN ITEM S 1 AND 2 OF 4~~
1718		-	~~SUBPARAGRAPH (II) OF THIS PARAGRAPH , BASED ON THE MOST RE CENT WASTE 5~~
1719		-	~~CHARACTERIZATION FOR MIXED RECYCLING TON AVERAGES;~~ 6
1720		-
1721		-	~~(V) A FIXED AMOUNT , BASED ON POPULATION SERVED, FOR 7~~
1722		-	~~ADMINISTRATIVE COSTS OF SERVICE PROVIDERS , INCLUDING EDUCATION , PUBLIC 8~~
1723		-	~~AWARENESS CAMPAIGNS , AND OUTREACH PROGRAM COSTS AS APPLICABLE ; AND~~ 9
1724		-
1725		-	~~(VI) A FIXED AMOUNT FOR THE COST OF MANAGING COV ERED 10~~
1726		-	~~MATERIALS CAPABLE OF REFILL OR REUSABLE C OVERED MATERIALS AND FOR THE 11~~
1727		-	~~COSTS ASSOCIATED WIT H COLLECTION , CLEANING, SANITATION, DISTRIBUTION, 12~~
1728		-	~~AND MANAGEMENT OF CO NTAMINATION . 13~~
1729		-
1730		-	~~(3) (I) BEFORE ESTABLISHING T HE~~ FEE ~~STRUCTURE FOR 14~~
1731		-	~~PARTICIPATING PRODUC ERS UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION , THE 15~~
1732		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL:~~ 16
1733		-
1734		-	~~1. PUBLISH A PRO POSED FEE ON ITS WEB SITE; AND 17~~
1735		-
1736		-	2. ~~ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 18~~
1737		-
1738		-	(II) ~~THE FEE STRUCTURE EST ABLISHED UNDER PARAG RAPH 19~~
1739		-	~~(1)(III)~~ OF ~~THIS SUBSECTION S HALL BE VARIABLE BAS ED ON: 20~~
1740		-
1741		-	1. COSTS ~~ASSOCIATED WITH TRANSPORTING~~ , 21
1742		-	~~COLLECTING, AND PROCESSING PACKAGING COVERED MATERIALS; 22~~
1743		-
1744		-	2. ~~AN ECO–MODULATION OF FEES , INCLUDING 23~~
1745		-	~~ESTABLISHING : 24~~
1746		-
1747		-	A. ~~A HIGHER FEE FOR PACKAGING COVERED MATERIALS 25~~
1748		-	~~WITH LOW RECYCLABILITY OR NOT LISTED UNDER § 9–2508 OF THIS SUBTITLE OR 26~~
1749		-	~~WITH LOW RECYCLED CONTENT ; AND 27~~
1750		-
1751		-	~~B. A DISCOUNTED FEE FOR PACKAGING COVERED 28~~
1752		-	~~MATERIALS WITH HIGH RECYCLABIL ITY OR LISTED UNDER § 9–2508 OF THIS 29~~
1753		-	~~SUBTITLE OR WITH HIG H RECYCLED CONTENT ;~~ AND 30
1754		-
1755		-	~~3. ANY OTHER FACTOR~~ , ~~AS DETERMINED BY THE 31~~
1756		-	~~DEPARTMENT . 32~~
	1444	+	(12) (XVIII) DESCRIBE THE PROCESS BY WHICH A LOCAL 1
	1445	+	GOVERNMENT SERVICE PROVIDER MAY REQUEST REIMBURS EMENT FOR COSTS 2
	1446	+	ASSOCIATED WITH TRAN SPORTING, COLLECTING, AND PROCESSING PACKAGING 3
	1447	+	COVERED MATERIALS THAT ARE I DENTIFIED IN THE PLAN, INCLUDING: 4
	1448	+
	1449	+	(I) 1. THE PROCESS BY WHICH THE REQUEST WILL BE 5
	1450	+	REVIEWED; 6
	1451	+
	1452	+	(II) 2. THE PROCESS FOR APPRO VING OR DENYING A 7
	1453	+	REQUEST FOR REIMBURS EMENT; 8
	1454	+
	1455	+	(III) 3. THE SCHEDULE FOR PROV IDING REIMBURSEMENT 9
	1456	+	THAT INCLUDES REIMBU RSEMENT ON AT LEAS T A QUARTERLY BASIS ; AND 10
	1457	+
	1458	+	(IV) 4. THE PROCESS FOR PROVI DING REIMBURSEMENT F OR 11
	1459	+	MULTIPLE BRANDS OF PACKAGING COVERED MATERIALS; AND 12
	1460	+
	1461	+	5. THE PROCESS FOR RESOL VING, THROUGH 13
	1462	+	ARBITRATION, DISPUTES THAT ARISE BETWEEN THE PRODUCER RESPONSIBILITY 14
	1463	+	ORGANIZATION AND A S ERVICE PROVIDER REGA RDING THE DETERMINAT ION OF 15
	1464	+	REIMBURSEMENT RATES AND PAYMENT OF REIMB URSEMENTS ; 16
	1465	+
	1466	+	(13) (XIX) (I) 1. PROVIDE THE WRITTEN R ECOMMENDATIONS 17
	1467	+	FROM THE ADVISORY CO UNCIL PROVIDED UNDER § 9–2503 OF THIS SUBTITLE AND 18
	1468	+	THE PRODUC ER RESPONSIBILITY OR GANIZATION’S WRITTEN RESPONSE T O THE 19
	1469	+	ADVISORY COUNCIL ; AND 20
	1470	+
	1471	+	(II) 2. DESCRIBE HOW THE WRIT TEN RECOMMENDATIONS 21
	1472	+	FROM THE ADVISORY CO UNCIL WERE CONSIDERE D AND ADDRESSED IN T HE 22
	1473	+	DEVELOPMENT OF THE P LAN; AND 23
	1474	+
	1475	+	(14) (XX) INCLUDE ANY OTHER INFORMATION THAT IS REQUIRED BY 24
	1476	+	THE DEPARTMENT . 25
	1477	+
	1478	+	(2) THE PERFORMANCE GOALS ESTABLISHED UNDER PA RAGRAPH 26
	1479	+	(1)(III) OF THIS SUBSECTION D O NOT APPLY TO: 27
	1480	+
	1481	+	(I) PRODUCTS PACKAGED AT ESTABLISHMENTS UNDER 28
	1482	+	MANDATORY INSPECTION BY THE U.S. DEPARTMENT OF AGRICULTURE’S FOOD 29
	1483	+	SAFETY AND INSPECTION SERVICE IN ACCORDANCE WITH THE FEDERAL MEAT 30
	1484	+	INSPECTION ACT, THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, THE 31
	1485	+	FEDERAL EGG PRODUCTS INSPECTION ACT, OR U.S. DEPARTMENT OF 32
	1486	+	AGRICULTURAL OR U.S. FOOD AND DRUG ADMINISTRATION REGUL ATIONS 33
	1487	+	RELATED TO CHEESE PA CKAGING; 34 SENATE BILL 901 33
	1488	+
	1489	+
	1490	+
	1491	+	(II) PRODUCTS PACKAGED AT FACILITIES REGULATED UNDER 1
	1492	+	STATE MEAT AND DAIRY INSPECTION LAWS ; OR 2
	1493	+
	1494	+	(III) FOR A PERIOD OF 5 YEARS AFTER THE DATE ON WHICH THE 3
	1495	+	FIRST VERSION OF THE PLAN IS APPROVED AND ESTABLISHED, WITH AN OPTIONAL 4
	1496	+	EXTENSION OF 5 YEARS CONTINGENT ON THE DEVELOPMENT OF R ECYCLING, 5
	1497	+	INCLUDING ORGANICS R ECYCLING, INFRASTRUCTURE CAPAB LE OF HANDLING 6
	1498	+	PATHOGEN–CONTAMINATED PACKAGI NG IN A SAFE AND EFF ECTIVE MANNER , 7
	1499	+	CHEESE, MEAT, AND POULTRY PREPARED AND PACKAGED A T RETAIL LOCATIONS 8
	1500	+	SUCH AS GROCERY STOR ES, BUTCHER SHOPS , OR ONLINE RETAILERS . 9
	1501	+
	1502	+	(D) BASED ON THE RESULTS OF THE MOST RECENT S TATEWIDE RECYCLING 10
	1503	+	NEEDS ASSESSMENT CON DUCTED UNDER CHAPTER 465 OF THE ACTS OF THE 11
	1504	+	GENERAL ASSEMBLY OF 2023 OR § 9–1702.2 OF THIS TITLE, THE DEPARTMENT , IN 12
	1505	+	COORDINATION WITH A PRODUCER RESPONSIBIL ITY ORGANIZATION AND VIA THE 13
	1506	+	APPROVAL OF PRODUCER RESPONSIBILITY PLANS , SHALL ESTABLISH 14
	1507	+	PERFORMANCE GOALS FO R EACH PACKAGING COVERED MATERIAL TYPE USING A 15
	1508	+	BASELINE YEAR THAT I S INFORMED BY THE STATEWIDE RECYCL ING NEEDS 16
	1509	+	ASSESSMENT , INCLUDING ESTABLISHI NG RECYCLING RATE GO ALS FOR EACH 17
	1510	+	PACKAGING COVERED MATERIAL TYPE , AT 5–, 10–, AND 15–YEAR INTERVALS . 18
	1511	+
	1512	+	(E) (1) THE FINANCING METHOD THAT WILL BE USED BY A PRODUCER 19
	1513	+	RESPONSIBILITY ORGAN IZATION TO IMPLEMENT A PRODU CER RESPONSIBILITY 20
	1514	+	PLAN SHALL: 21
	1515	+
	1516	+	(I) PROVIDE THE METHOD FO R EITHER DIRECT INVE STMENTS 22
	1517	+	OR REIMBURSEMENTS FO R IMPROVING INFRASTR UCTURE FOR REUSE , ORGANICS 23
	1518	+	RECYCLING COMPOSTING , AND RECYCLING IN ACC ORDANCE WITH SUBSECT ION 24
	1519	+	(C)(11) (C)(1)(XVII) OF THIS SECTION, WITH PRIORITY GIVEN TO THE IMPROVEMENT 25
	1520	+	OF EXISTING INFRASTR UCTURE; 26
	1521	+
	1522	+	(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 27
	1523	+	PROVIDE: 28
	1524	+
	1525	+	1. PROVIDE A METHODOLOGY FOR REIMBURSEMENT 29
	1526	+	RATES FOR COVERED SE RVICES FOR COVERED M ATERIALS, EXCLUSIVE OF EXEMPT 30
	1527	+	MATERIALS; 31
	1528	+
	1529	+	2. INCORPORATE RELEVANT COST INFORMATION 32
	1530	+	IDENTIFIED BY THE MO ST RECENT NEEDS ASSE SSMENT PERFORMED UND ER 33
	1531	+	CHAPTER 465 OF THE ACTS OF THE GENERAL ASSEMBLY OR § 9–1702.2 OF THIS 34
	1532	+	TITLE; 35
	1533	+	34 SENATE BILL 901
	1534	+
	1535	+
	1536	+	3. BE UPDATED ANNUALLY ; AND 1
	1537	+
	1538	+	4. ESTABLISH REIMBURSEME NT RATES EQUIVALENT 2
	1539	+	TO: 3
	1540	+
	1541	+	A. AT LEAST 50% OF THE COST PER TON ON OR BEFORE 4
	1542	+	JULY 1, 2028; 5
	1543	+
	1544	+	B. AT LEAST 75% OF THE COST PER TON ON OR BEFORE 6
	1545	+	JULY 1, 2029; AND 7
	1546	+
	1547	+	C. AT LEAST 90% OF THE COST PER TON ON OR BEFORE 8
	1548	+	JULY 1, 2030, AND EACH YEAR THEREAFTER A REASONABLE ANNUAL RATE PER TON 9
	1549	+	OF RECYCLED OR COMPO STED PACKAGING MATERIALS FOR REIMBURSING LOCA L 10
	1550	+	GOVERNMENTS FOR COST S ASSOCIATED WITH : 11
	1551	+
	1552	+	1. UP TO 50% OF THE COST OF COLLE CTING PACKAGING 12
	1553	+	MATERIALS THAT ARE I DENTIFIED IN THE PLA N; 13
	1554	+
	1555	+	2. TRANSPORTING RECYCLAB LE OR COMPOSTABLE 14
	1556	+	PACKAGING MATERIALS TO A MATERIALS RECYC LING FACILITY OR AN ORGANICS 15
	1557	+	RECYCLING FACILITY ; 16
	1558	+
	1559	+	3. PROCESSING PACKAGING MATERIALS, INCLUDING 17
	1560	+	REMOVING CONTAMINATI ON; AND 18
	1561	+
	1562	+	4. CONVERTING PACKAGING MATERIALS THAT ARE 19
	1563	+	DIVERTED TO BE RECYC LED OR COMPOSTED INT O COMMODITY MATERIAL S; 20
	1564	+
	1565	+	(III) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 21
	1566	+	ESTABLISH A FEE STRUCTURE FOR PARTICIPATING PRODUC ERS THAT IS SET IN A 22
	1567	+	MANNER TO COVER COSTS ASSOCIATED WIT H: 23
	1568	+
	1569	+	1. IMPLEMENTING THE PLAN , INCLUDING THE 24
	1570	+	ADMINISTRATIVE COSTS OF A PRODUCER RESPON SIBILITY ORGANIZATIO N; 25
	1571	+
	1572	+	2. REIMBURSING LOCAL GOV ERNMENTS OR SERVICE 26
	1573	+	PROVIDERS FOR COSTS IN ACCORDA NCE WITH ITEM (II) OF THIS PARAGRAPH ; 27
	1574	+
	1575	+	3. THE ADMINISTRATION , REVIEW, OVERSIGHT, AND 28
	1576	+	ENFORCEMENT OF THE P LAN BY THE DEPARTMENT ; AND 29
	1577	+	SENATE BILL 901 35
	1578	+
	1579	+
	1580	+	4. IMPLEMENTING THE STRA TEGY IN THE PLAN FOR 1
	1581	+	REDUCING PACKAGING M ATERIALS IN ACCORDAN CE WITH SUBSECTION (C)(9) OF 2
	1582	+	THIS SECTION; AND 3
	1583	+
	1584	+	5. IMPLEMENTING THE STRATEGY IN THE PLAN FOR 4
	1585	+	IMPROVING REUSE , ORGANICS RECYCLING COMPOSTING , AND RECYCLING IN THE 5
	1586	+	STATE IN ACCORDANCE W ITH SUBSECTION (C)(11) (C)(1)(XVII) OF THIS SECTION; 6
	1587	+
	1588	+	(IV) 1. DESCRIBE THE INCENTIV ES TO ENCOURAGE 7
	1589	+	PARTICIPATING PRODUC ERS TO ENGAGE IN WASTE REDUCTION AND RECYCLING 8
	1590	+	ACTIVITIES; AND 9
	1591	+
	1592	+	2. DESCRIBE THE DISINCEN TIVES TO DISCOURAGE 10
	1593	+	DESIGNS OR PRACTICES THAT INCREASE THE CO ST OF MANAGING PACKA GING 11
	1594	+	MATERIALS; 12
	1595	+
	1596	+	(V) BE EVALUATED BY AN IN DEPENDENT FINANCIAL AUDITOR, 13
	1597	+	AS DESIGNATED BY THE DEPARTMENT , TO ENSURE THAT THE C OSTS OF 14
	1598	+	IMPLEMENTING THE PLA N ARE COVERED ; AND 15
	1599	+
	1600	+	(VI) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE 16
	1601	+	DEPARTMENT BY REGULAT ION. 17
	1602	+
	1603	+	(2) THE REIMBURSEMENT RAT E ESTABLISHED UNDER PARAGRAPH 18
	1604	+	(1)(II) OF THIS SUBSECTION S HALL BE: 19
	1605	+
	1606	+	(I) BASED ON THE FOLLOWING , AS APPLICABLE BY SER VICE 20
	1607	+	PROVIDED: 21
	1608	+
	1609	+	1. THE POPULATION SIZE O F A LOCAL JURISDICTI ON; 22
	1610	+
	1611	+	2. THE DISTANCE TO THE R ELEVANT MATERIALS 23
	1612	+	RECYCLING FACILITY O R ORGANICS RECYCLING FACILITY; 24
	1613	+
	1614	+	3. THE COMMODITY VALUE O F RECYCLED PACKAGING 25
	1615	+	MATERIALS; AND 26
	1616	+
	1617	+	4. ANY SOCIOECONOMIC OR GEOGRAPHIC FACTOR , AS 27
	1618	+	DETERMINED BY THE DEPARTMENT ; AND 28
	1619	+
	1620	+	(II) DISCOUNTED EQUIVALENT TO THE ESTIMATED ANN UAL 29
	1621	+	VOLUME OF PACKAGING MATERIALS SOLD IN TH E STATE BY PERSONS THAT ARE 30
	1622	+	EXEMPT FROM T HE REQUIREMENTS OF T HIS SUBTITLE BE BASED ON THE 31
	1623	+	FOLLOWING, AS APPLICABLE BY SER VICE PROVIDED : 32 36 SENATE BILL 901
	1624	+
	1625	+
	1626	+
	1627	+	(I) A FIXED AMOUNT FOR EAC H TON OF COVERED MAT ERIAL 1
	1628	+	COLLECTED BY A SERVI CE PROVIDER THAT REF LECTS CONDITIONS AFF ECTING 2
	1629	+	COLLECTION, RECYCLING, AND COMPOSTING COSTS IN THE REGION OR 3
	1630	+	JURISDICTION WHERE T HE SERVICES WERE PRO VIDED, INCLUDING: 4
	1631	+
	1632	+	1. THE NUMBER AND SIZE O F COVERED ENTITIES ; 5
	1633	+
	1634	+	2. POPULATION DENSITY ; 6
	1635	+
	1636	+	3. COLLECTION METHODS EM PLOYED; 7
	1637	+
	1638	+	4. THE DISTANCE TRAVELED TO CONSOLIDATION OR 8
	1639	+	TRANSFER FACILITIES, MATERIALS RECYCLING FACILITIES, REUSE FACILITIES , 9
	1640	+	COMPOSTING FACILITIE S, OR RESPONSIBLE END M ARKETS; 10
	1641	+
	1642	+	5. OTHER FACTORS THAT MA Y CONTRIBUTE TO 11
	1643	+	REGIONAL OR JURISDIC TIONAL COST DIFFEREN CES; 12
	1644	+
	1645	+	6. THE PROPORTION OF COV ERED COMPOSTABLE 13
	1646	+	MATERIALS WITHIN ALL SOURC E–SEPARATED COMPOSTABL E MATERIALS 14
	1647	+	COLLECTED OR MANAGED THROUGH COMPOSTING ; AND 15
	1648	+
	1649	+	7. THE GENERAL QUALITY O F COVERED MATERIALS 16
	1650	+	RECYCLED OR COMPSTED BY A SERVICE PROVIDE R; 17
	1651	+
	1652	+	(II) A FIXED AMOUNT FOR EAC H TON OF COVERED MAT ERIAL 18
	1653	+	RECYCLED OR COMPOSTED BY A SERVICE PROVIDER IN THE PREVIOUS CALENDA R 19
	1654	+	YEAR BASED ON : 20
	1655	+
	1656	+	1. THE AVERAGE COSTS ASS OCIATED WITH THE 21
	1657	+	TRANSPORTATION AND P ROCESSING, FROM A CENTRAL LOCAT ION WITHIN A 22
	1658	+	POLITICAL SUBDIVISIO N, OF COLLECTED COVERED MATERIAL FROM THE PO LITICAL 23
	1659	+	SUBDIVISION TO A MAT ERIALS RECYCLING FAC ILITY OR COMPOSTING FACILITY; 24
	1660	+
	1661	+	2. THE PROCESSING OF , AND REMOVAL OF 25
	1662	+	CONTAMINATION FROM , COVERED MATERIALS BY A MATERIALS RECYCLIN G 26
	1663	+	FACILITY OR COMPOSTI NG FACILITY; 27
	1664	+
	1665	+	3. THE RECYCLING OR COMP OSTING OF COVE RED 28
	1666	+	MATERIALS LESS THE A VERAGE FAIR MARKET V ALUE FOR THAT COVERE D 29
	1667	+	MATERIAL BASED ON TH E MARKET INDICES FOR THE REGION, UPDATED MONTHLY ; 30
	1668	+	SENATE BILL 901 37
	1669	+
	1670	+
	1671	+	4. COSTS ASSOCIATED WITH THE MANAGEMENT OF 1
	1672	+	CONTAMINATED MATERIA LS REMOVED FROM THE COLLECTED COVERED 2
	1673	+	MATERIALS; AND 3
	1674	+
	1675	+	5. THE PROPORTION OF COV ERED COMPOSTABLE 4
	1676	+	MATERIALS WITHIN ALL SOURCE–SEPARATED COMPOSTABL E MATERIALS 5
	1677	+	COLLECTED OR MANAGED THROUGH COMPOSTING ; 6
	1678	+
	1679	+	(III) AN ADDITIONAL FIXED A MOUNT PER TON , IN EXCESS OF THE 7
	1680	+	RATE PROVIDED UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , FOR EACH 8
	1681	+	COVERED MATERIAL TYP E NOT LISTED UNDER § 9–2508 OF THIS SUBTITLE THA T 9
	1682	+	WAS RECYCLED OR COMP OSTED BY A SERVICE P ROVIDER IN THE PREVI OUS 10
	1683	+	CALENDAR YEAR , LESS THE AVERAGE FAI R MARKET VALUE FOR T HE COVERED 11
	1684	+	MATERIAL BASED ON TH E MARKET INDICE S FOR THE REGION , UPDATED MONTHLY ; 12
	1685	+
	1686	+	(IV) A FIXED AMOUNT FOR EAC H TON OF MIXED RECYC LING 13
	1687	+	THAT IS MANAGED THRO UGH A PROCESS THAT I NCLUDES PERCENTAGES OF 14
	1688	+	COVERED MATERIALS LI STED UNDER § 9–2508 OF THIS SUBTITLE AND ADDITIONAL 15
	1689	+	COVERED MATERIALS , PRORATED FO R THE VALUES IN ITEM S 1 AND 2 OF 16
	1690	+	SUBPARAGRAPH (II) OF THIS PARAGRAPH , BASED ON THE MOST RE CENT WASTE 17
	1691	+	CHARACTERIZATION FOR MIXED RECYCLING TON AVERAGES; 18
	1692	+
	1693	+	(V) A FIXED AMOUNT , BASED ON POPULATION SERVED, FOR 19
	1694	+	ADMINISTRATIVE COSTS OF SERVICE PROVIDERS , INCLUDING EDUCATION , PUBLIC 20
	1695	+	AWARENESS CAMPAIGNS , AND OUTREACH PROGRAM COSTS AS APPLICABLE ; AND 21
	1696	+
	1697	+	(VI) A FIXED AMOUNT FOR THE COST OF MANAGING COV ERED 22
	1698	+	MATERIALS CAPABLE OF REFILL OR REUSABLE C OVERED MATERIALS AND FOR THE 23
	1699	+	COSTS ASSOCIATED WIT H COLLECTION , CLEANING, SANITATION, DISTRIBUTION, 24
	1700	+	AND MANAGEMENT OF CO NTAMINATION . 25
	1701	+
	1702	+	(3) (I) BEFORE ESTABLISHING T HE FEE STRUCTURE FOR 26
	1703	+	PARTICIPATING PRODUC ERS UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION , THE 27
	1704	+	PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL: 28
	1705	+
	1706	+	1. PUBLISH A PROPOSED FEE ON ITS WEBSITE; AND 29
	1707	+
	1708	+	2. ALLOW 90 CALENDAR DAYS FOR PU BLIC COMMENT . 30
	1709	+
	1710	+	(II) THE FEE STRUCTURE EST ABLISHED UNDER PARAG RAPH 31
	1711	+	(1)(III) OF THIS SUBSECTION S HALL BE VARIABLE BAS ED ON: 32
	1712	+
	1713	+	1. COSTS ASSOCIATED WITH TRANSPORTING , 33
	1714	+	COLLECTING, AND PROCESSING PACKAGING COVERED MATERIALS; 34 38 SENATE BILL 901
	1715	+
	1716	+
	1717	+
	1718	+	2. AN ECO–MODULATION OF FEES , INCLUDING 1
	1719	+	ESTABLISHING : 2
	1720	+
	1721	+	A. A HIGHER FEE FOR PACKAGING COVERED MATERIALS 3
	1722	+	WITH LOW RECYCLABILITY OR NOT LISTED UNDER § 9–2508 OF THIS SUBTITLE OR 4
	1723	+	WITH LOW RECYCLED CONTENT ; AND 5
	1724	+
	1725	+	B. A DISCOUNTED FEE FOR PACKAGING COVERED 6
	1726	+	MATERIALS WITH HIGH RECYCLABIL ITY OR LISTED UNDER § 9–2508 OF THIS 7
	1727	+	SUBTITLE OR WITH HIG H RECYCLED CONTENT ; AND 8
	1728	+
	1729	+	3. ANY OTHER FACTOR , AS DETERMINED BY TH E 9
	1730	+	DEPARTMENT . 10
	1731	+
	1732	+	(4) (I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL 11
	1733	+	RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN AC COUNT. 12
	1734	+
	1735	+	(II) THE DEPARTMENT MAY REQUES T AT ANY TIME AN AUD IT OF 13
	1736	+	THE FINANCIAL RECORD S OF A PRODUCER RESP ONSIBILITY ORGANIZA TION. 14
	1737	+
	1738	+	(5) (I) A SERVICE PROVIDER SHA LL RETAIN ALL REVENU E FROM 15
	1739	+	THE SALE OF COVERED MATERIALS. 16
	1740	+
	1741	+	(II) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO 17
	1742	+	RESTRICT A SERVICE P ROVIDER FROM CHARGIN G A FEE FOR COVERED SERVICES OF 18
	1743	+	COVERED MATERIALS TO THE EXTENT THAT REIMBURSEMENT F ROM A PRODUCER 19
	1744	+	RESPONSIBILITY ORGAN IZATION DOES NOT COV ER ALL COSTS OF SERV ICES, 20
	1745	+	INCLUDING: 21
	1746	+
	1747	+	1. CONTINUED INVESTMENT AND INNOVATION IN 22
	1748	+	OPERATIONS; 23
	1749	+
	1750	+	2. OPERATING PROFITS ; AND 24
	1751	+
	1752	+	3. RETURNS ON INVESTMENT S REQUIRED BY A SERV ICE 25
	1753	+	PROVIDER TO PROVIDE S USTAINABILITY OF THE SERVICES. 26
	1754	+
	1755	+	(F) THE FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE, ORGANICS 27
	1756	+	RECYCLING COMPOSTING , AND RECYCLING SHALL INCLUDE INVESTMENT I N 28
	1757	+	MARKET DEVELOPMENT A ND EXISTING AND FUTU RE REUSE, ORGANICS RECYCLING 29
	1758	+	COMPOSTING, AND RECYCLING INFRAS TRUCTURE, GIVING PRIORITY TO 30
	1759	+	INVESTMENT IN EXISTI NG INFRASTRUCTURE , INCLUDING: 31
1757	1760		SENATE BILL 901 39
1758	1761
1759	1762
1760		-	(4) ~~(I) A PRODUCER RESPONSIBIL ITY ORGANIZATION SHALL~~ 1
1761		-	~~RETAIN ANY FEE COLLE CTED UNDER THIS SUBS ECTION IN ITS OWN AC COUNT.~~ 2
1762		-
1763		-	~~(II) THE DEPARTMENT MAY REQUES T AT ANY TIME AN AUD IT OF 3~~
1764		-	THE ~~FINANCIAL RECORD~~ S OF ~~A PRODUCER RESP ONSIBILITY ORGANIZAT ION.~~ 4
1765		-
1766		-	~~(5) (I) A SERVICE PROVIDER SHA LL RETAIN AL L REVENUE FROM 5~~
1767		-	~~THE SALE OF COVERED MATERIALS.~~ 6
1768		-
1769		-	~~(II) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO 7~~
1770		-	~~RESTRICT A SERVICE P ROVIDER FROM CHARGIN G A FEE FOR COVERED SERVICES~~ OF 8
1771		-	~~COVERED MATERIALS TO THE EXTENT THAT REIM BURSEMENT FROM A PRO DUCER 9~~
1772		-	~~RESPONSIBILITY OR GANIZATION DOES NOT COVER ALL COSTS OF S ERVICES,~~ 10
1773		-	~~INCLUDING: 11~~
1774		-
1775		-	1. ~~CONTINUED INVESTMENT~~ AND ~~INNOVATION IN~~ 12
1776		-	~~OPERATIONS; 13~~
1777		-
1778		-	2. ~~OPERATING PROFITS ; AND~~ 14
1779		-
1780		-	3. ~~RETURNS ON INVESTMENT S REQUIRED BY A SERV ICE 15~~
1781		-	~~PROVIDER TO PROVIDE SUSTAINABILITY OF TH E SERVICES. 16~~
1782		-
1783		-	~~(F)~~ THE ~~FUNDING THAT WILL BE USED FOR IMPROVIN G REUSE~~, ~~ORGANICS 17~~
1784		-	~~RECYCLING COMPOSTING~~ , ~~AND RECYCLING SHALL INCLUDE INVESTMENT I N 18~~
1785		-	~~MARKET DEVELOPMENT A ND EXISTING AND FUTU RE REUSE, ORGANICS RECYCLING 19~~
1786		-	~~COMPOSTING , AND RECYCLING INFRAS TRUCTURE,~~ ~~GIVING PRIORITY TO~~ 20
1787		-	~~INVESTMENT IN EXISTI NG INFRASTRUCTURE~~ , ~~INCLUDING~~: 21
1788		-
1789		-	(1) ~~INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE~~ THE 22
1790		-	~~SORTING~~ OF ~~PACKAGING MATERIALS AT EXISTIN G SORTING AND PROCES SING~~ 23
1791		-	~~FACILITIES~~; 24
1792		-
1793		-	(2) ~~MITIGATING~~ THE ~~IMPACT S OF PACKAGING MATER IALS ON OTHER~~ 25
1794		-	~~COMMODITIES AT EXISTING S ORTING AND PROCESSIN G FACILITIES;~~ ~~AND~~ 26
1795		-
1796		-	~~(3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT, 27~~
1797		-	~~AND FACILITIES , BASED ON~~ THE ~~RESULTS OF THE MOST RECENT S TATEWIDE~~ 28
1798		-	~~RECYCLING NEEDS ASSE SSMENT CONDUCTED UND ER CHAPTER 465 OF~~ THE ~~ACTS~~ 29
1799		-	OF THE ~~GENERAL ASSEMBLY OF 2023 OR § 9–1702.2 OF THIS TITLE.~~ 30
1800		-
1801		-	(G) THE DEPARTMENT ~~SHALL REVI EW:~~ 31
	1763	+	(1) INSTALLING OR UPGRADI NG EQUIPMENT TO IMPR OVE THE 1
	1764	+	SORTING OF PACKAGING MATERIALS AT EXISTIN G SORTING AND PROCES SING 2
	1765	+	FACILITIES; 3
	1766	+
	1767	+	(2) MITIGATING THE IMPACT S OF PACKAGING MATER IALS ON OTHER 4
	1768	+	COMMODITIES AT EXIST ING SORTING AND PROC ESSING FACILITIES; AND 5
	1769	+
	1770	+	(3) CAPITAL EXPENDITURES FOR NEW TECHNOLOGY , EQUIPMENT, 6
	1771	+	AND FACILITIES , BASED ON THE RESULTS OF THE MOST RECENT S TATEWIDE 7
	1772	+	RECYCLING NEE DS ASSESSMENT CONDUC TED UNDER CHAPTER 465 OF THE ACTS 8
	1773	+	OF THE GENERAL ASSEMBLY OF 2023 OR § 9–1702.2 OF THIS TITLE. 9
	1774	+
	1775	+	(G) THE DEPARTMENT SHALL REVI EW: 10
	1776	+
	1777	+	(1) THE PRODUCER RESPONSI BILITY PLAN REQUIRED UNDER 11
	1778	+	SUBSECTION (B) OF THIS SECTION; AND 12
	1779	+
	1780	+	(2) THE WORK PRODUCT OF THE INDEP ENDENT FINANCIAL AUD ITOR 13
	1781	+	DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF 14
	1782	+	THE PRODUCER RESPONS IBILITY PLAN UNDER S UBSECTION (E)(1)(V) OF THIS 15
	1783	+	SECTION. 16
	1784	+
	1785	+	(H) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED PRODUCER 17
	1786	+	RESPONSIBILITY PLAN , THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 18
	1787	+	CONDITIONS, OR REJECT THE PLAN . 19
	1788	+
	1789	+	(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 20
	1790	+	SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER : 21
	1791	+
	1792	+	(I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH 22
	1793	+	THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 23
	1794	+	METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND 24
	1795	+
	1796	+	(II) THE PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED 25
	1797	+	SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN 26
	1798	+	DEVELOPING THE PLAN . 27
	1799	+
	1800	+	(3) NOT LATER THAN 60 DAYS AFTER THE DATE A PRODUCER 28
	1801	+	RESPONSIBILITY PLAN IS INITIALLY APPROVE D UNDER THIS SECTION , THE ENTITY 29
	1802	+	THAT SUBMITTED THE P LAN SHALL PAY TO THE DEPARTMENT : 30
	1803	+
	1804	+	(I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; AND 31
1802	1805		40 SENATE BILL 901
1803	1806
1804	1807
1805		-	(1) THE PRODUCER RESPONSI BILITY PLAN REQUIRED UNDER 1
1806		-	SUBSECTION (B) OF THIS SECTION; AND 2
1807		-
1808		-	(2) THE WORK PRODUCT OF T HE INDEPENDENT FINAN CIAL AUDITOR 3
1809		-	DESIGNATED BY THE DEPARTMENT TO EVALUAT E THE FINANCING COMP ONENT OF 4
1810		-	THE PRODUCER RESPONS IBILITY PLAN UNDER S UBSECTION (E)(1)(V) OF THIS 5
1811		-	SECTION. 6
1812		-
1813		-	(H) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED PRODUCER 7
1814		-	RESPONSIBILITY PLAN , THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 8
1815		-	CONDITIONS, OR REJECT THE PLAN . 9
1816		-
1817		-	(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 10
1818		-	SUBSECTION, THE DEPARTMENT SHALL CONS IDER WHETHER : 11
1819		-
1820		-	(I) THE PRODUCER RESPONSI BILITY PLAN COMPLIES WITH 12
1821		-	THE REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING 13
1822		-	METHOD WILL COVER TH E COSTS OF IMPLEMENT ING THE PLAN; AND 14
1823		-
1824		-	(II) THE PRODUCER RESPONSI BILITY ORGANIZATION ENGAGED 15
1825		-	SUFFICIENTLY WITH ST AKEHOLDERS , INCLUDING LOCAL GOVE RNMENTS, IN 16
1826		-	DEVELOPING THE PLAN . 17
1827		-
1828		-	(3) NOT LATER THAN 60 DAYS AFTER THE DATE A PRODUCER 18
1829		-	RESPONSIBILITY PLAN IS INITIALLY APPROVE D UNDER THIS SECTION , THE ENTITY 19
1830		-	THAT SUBMITTED THE P LAN SHALL PAY TO THE DEPARTMENT : 20
1831		-
1832		-	(I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; AND 21
1833		-
1834		-	(II) THE DEPARTMENT ’S ESTIMATED COSTS OF 22
1835		-	ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITI AL 23
1836		-	DATE OF APPROVAL AND THE DATE OF THE INIT IAL ANNUAL REPORT RE QUIRED 24
1837		-	UNDER § 9–2507 § 9–2509 OF THIS SUBTITLE. 25
1838		-
1839		-	(I) IMPLEMENTATION OF AN APPROVED PRODUCER RE SPONSIBILITY PLAN 26
1840		-	SHALL BEGIN NOT LATE R THAN 6 MONTHS AFTER THE DAT E THE PRODUCER 27
1841		-	RESPONSIBILITY PLAN IS APPROVED BY THE DEPARTMENT . 28
1842		-
1843		-	(J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 29
1844		-	AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED PRODUCER 30
1845		-	RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS. 31
1846		-	SENATE BILL 901 41
1847		-
1848		-
1849		-	(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINU E AFTER 5 1
1850		-	YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE 2
1851		-	DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 3
1852		-
1853		-	(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PROD UCER 4
1854		-	RESPONSIBILITY PLAN AT ANY TIM E FOR GOOD CAUSE . 5
1855		-
1856		-	(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PROD UCER 6
1857		-	RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 7
1858		-	PRODUCER OR , IF APPLICABLE, THE PRODUCER RESPONS IBILITY ORGANIZATION 8
1859		-	MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN 9
1860		-	ACCORDANCE WITH THIS SUBTITLE. 10
1861		-
1862		-	(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 11
1863		-	§ 9–2509 OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER 12
1864		-	SUBSECTION (C)(3) (C)(1)(III) OF THIS SECTION HAVE NOT BEEN ACHIEVED , THE 13
1865		-	DEPARTMENT MAY : 14
1866		-
1867		-	(I) REQUIRE THAT A PRODUC ER OR PRODUCER 15
1868		-	RESPONSIBILITY ORGAN IZATION AMEND THE PR ODUCER RESPONSIBILIT Y PLAN; 16
1869		-	AND 17
1870		-
1871		-	(II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRO DUCER OR 18
1872		-	PRODUCER RESPONSIBIL ITY ORGANIZATION IN ACCORDANCE WITH § 9–2510 § 19
1873		-	9–2512 OF THIS SUBTITLE. 20
1874		-
1875		-	(6) IF THE DEPARTMENT REQUIRES A PRODUCER OR PRODUCER 21
1876		-	RESPONSIBILITY ORGAN IZATION TO AMEND A P RODUCER RESPONSIBILI TY PLAN 22
1877		-	UNDER PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER OR PROD UCER 23
1878		-	RESPONSIBILITY ORGANIZATION SHALL C OVER THE COST OF THE DEPARTMENT ’S 24
1879		-	REVIEW AND SUPPLEMEN TAL WORK ON THE PLAN . 25
1880		-
1881		-	9–2506. 26
1882		-
1883		-	(A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER 27
1884		-	RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER 28
1885		-	RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT , AND ANY OTHER 29
1886		-	REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT SERVICE 30
1887		-	PROVIDER MAY REQUEST REIMBURS EMENT FROM A PRODUCE R RESPONSIBILITY 31
1888		-	ORGANIZATION FOR COS TS ASSOCIATED WITH C OLLECTING, TRANSPORTING , AND 32
1889		-	PROCESSING PACKAGING COVERED MATERIALS THAT ARE I DENTIFIED UNDER THE 33
1890		-	PLAN, INCLUDING COSTS ASSO CIATED WITH RECYCLIN G SERVICES FOR PUBLIC 34
1891		-	PLACES AND PUBLIC HOUSING COVERED ENTITIES . 35
1892		-	42 SENATE BILL 901
1893		-
1894		-
1895		-	(B) (1) IF MULTIPLE PRODUCER RESPONSIBILITY ORGAN IZATIONS 1
1896		-	REGISTER APPROVED PR ODUCER RESPON SIBILITY PLANS WITH THE DEPARTMENT 2
1897		-	IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY 3
1898		-	ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UNDER THIS 4
1899		-	SECTION. 5
1900		-
1901		-	(2) MULTIPLE PRODUCER RES PONSIBILITY ORGANIZA TIONS MAY 6
1902		-	ESTABLISH A THIRD –PARTY EN TITY TO COORDINATE R EIMBURSEMENT IN 7
1903		-	ACCORDANCE WITH THIS SUBSECTION. 8
1904		-
1905		-	(C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GOVERNMENT SERVICE 9
1906		-	PROVIDER TO REQUEST REIMBURSE MENT FROM A PRODUCER RESPONSIBILITY 10
1907		-	ORGANIZATION FOR COS TS ASSOCIATED WITH C OMPOSTING MATERIALS THAT ARE 11
1908		-	NOT PACKAGING COVERED MATERIALS, INCLUDING FOOD WASTE AND OTHER 12
1909		-	ORGANIC MATERIALS . 13
1910		-
1911		-	9–2507. 14
1912		-
1913		-	(A) ON OR BEFORE JANUARY 1, 2029, AND EACH JANUARY 1 THEREAFTER , 15
1914		-	A SERVICE PROVIDER S EEKING REIMBURSEMENT FOR SERVICES PROVIDE D UNDER 16
1915		-	AN APPROVED PRODUCER RESPONSIBILITY PLAN UNDER § 9–2505 OF THIS 17
1916		-	SUBTITLE SHALL REGIS TER WITH THE DEPARTMENT BY SUBMITT ING THE 18
1917		-	FOLLOWING INFORMATIO N: 19
1918		-
1919		-	(1) THE CONTACT INFORMATION FOR AN INDIVIDUAL RE PRESENTING 20
1920		-	THE SERVICE PROVIDER ; 21
1921		-
1922		-	(2) THE ADDRESS OF THE SE RVICE PROVIDER ; AND 22
1923		-
1924		-	(3) (I) IF APPLICABLE TO THE SERVICES PROVIDED , A REPORT OF 23
1925		-	THE TOTAL AMOUNT BIL LED FOR COLLECTION F OR COVERED ENTITIES , 24
1926		-	PROCESSING SERVICES, AND TRANSFER STATION OPERATIONS PROVIDED DURING 25
1927		-	THE IMMEDIATELY PREC EDING CALENDAR YEAR . 26
1928		-
1929		-	(II) IF POSSIBLE, VALUES UNDER SUBPARA GRAPH (I) OF THIS 27
1930		-	PARAGRAPH SHALL BE D ISAGGREGATED BY WHET HER THE VALUE IS FOR 28
1931		-	COLLECTION, PROCESSING, OR TRANSFER. 29
1932		-
1933		-	(B) A SERVICE PROVIDER REC EIVING REIMBURSEMENT OR FUNDING 30
1934		-	UNDER AN APPROVED PR ODUCER RESPONSIBILIT Y PLAN SHALL: 31
1935		-
1936		-	(1) AS APPLICABLE TO THE SERVICES OFFERED BY AND SERVICE 32
1937		-	AREA OF THE SERVICE PROVIDER, PROVIDE COVERED SERV ICES FOR: 33
1938		-	SENATE BILL 901 43
1939		-
1940		-
1941		-	(I) COVERED MATERIALS INC LUDED ON THE LISTS 1
1942		-	ESTABLISHED UNDER § 9–2508 OF THIS SUBTITLE; 2
1943		-
1944		-	(II) A REFILL SYSTEM ; OR 3
1945		-
1946		-	(III) REUSABLE COVERED MATE RIALS; 4
1947		-
1948		-	(2) REGISTER WITH THE DEPARTMENT UNDER SUBS ECTION (A) OF 5
1949		-	THIS SECTION; 6
1950		-
1951		-	(3) SUBMIT INVOICES TO TH E PRODUCER RESPONSIBIL ITY 7
1952		-	ORGANIZATION FOR REI MBURSEMENT FOR SERVI CES RENDERED , AS PROVIDED 8
1953		-	UNDER AN APPROVED PR ODUCER RESPONSIBILIT Y PLAN; 9
1954		-
1955		-	(4) MEET PERFORMANCE STAN DARDS ESTABLISHED IN AN 10
1956		-	APPROVED PRODUCER RE SPONSIBILITY PLAN UN DER § 9–2505 OF THIS SUBTITLE; 11
1957		-
1958		-	(5) ENSURE THAT COVERED M ATERIALS ARE SENT TO RESPONSIBLE 12
1959		-	END MARKETS ; 13
1960		-
1961		-	(6) PROVIDE DOCUMENTATION TO THE PRODUCER RESP ONSIBILITY 14
1962		-	ORGANIZATION ON THE AMOUNTS, COVERED MATERIAL TYP ES, AND WEIGHTS OF 15
1963		-	COVERED MATERIALS BY COVERED SERVICE METH OD; 16
1964		-
1965		-	(7) DISPLAY THE SERVICE P ROVIDER’S PRICE, LESS THE 17
1966		-	REIMBURSEMENT FROM T HE PRODUCER RESPONSI BILITY ORGANIZATION AS 18
1967		-	DETERMINED UNDER § 9–2505 OF THIS SUBTITLE WHE N INVOICING CUSTOMER S; 19
1968		-	AND 20
1969		-
1970		-	(8) OTHERWISE COMPLY WITH ALL OTHER APPLICABLE 21
1971		-	REQUIREMENTS OF THI S SUBTITLE. 22
1972		-
1973		-	(C) (1) A SERVICE PROVIDER MAY DESIGNATE AS CONFIDE NTIAL ANY 23
1974		-	PROPRIETARY INFORMAT ION PROVIDED TO : 24
1975		-
1976		-	(I) THE DEPARTMENT UNDER THIS SECTION; OR 25
1977		-
1978		-	(II) A PERSON DETERMINING R EIMBURSEMENT RATES U NDER § 26
1979		-	9–2505 OF THIS SUBTITLE . 27
1980		-
1981		-	(2) INFORMATION DESIGNATE D AS CONFIDENTIAL UN DER THIS 28
1982		-	SUBSECTION IS NOT SU BJECT TO DISCLOSURE UNDER TITLE 4 OF THE GENERAL 29
1983		-	PROVISIONS ARTICLE (THE MARYLAND PUBLIC INFORMATION ACT), EXCEPT THAT 30
1984		-	THE INFORMATION MAY BE DISCLOSED AS SUMM ARIZED OR AGGREGATED DATA IF 31 44 SENATE BILL 901
1985		-
1986		-
1987		-	DOING SO DOES NOT DI RECTLY OR INDIRECTLY DISCLOSE THE PROPRIE TARY 1
1988		-	INFORMATION OF ANY S PECIFIC FACILITY. 2
1989		-
1990		-	9–2508. 3
1991		-
1992		-	(A) (1) ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL DEVE LOP 4
1993		-	A STATEWIDE LIST OF COVERED MATERIALS DE TERMINED TO BE RECYC LABLE OR 5
1994		-	COMPOSTABLE THROUGH CURBSI DE RECYCLING PROGRAM S. 6
1995		-
1996		-	(2) COVERED MATERIALS IN THE LIST DEVELOPED U NDER 7
1997		-	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE COLLECTED : 8
1998		-
1999		-	(I) AT AN OPTIMAL LEVEL O F SERVICE AND CONVEN IENCE FOR 9
2000		-	COVERED ENTITIES ; AND 10
2001		-
2002		-	(II) AT A MINIMUM , WHEREVER COLLECTION S ERVICES FOR 11
2003		-	MIXED MUNICIPAL SOLI D WASTE ARE AVAILABL E. 12
2004		-
2005		-	(B) THE DEPARTMENT SHALL DEVE LOP THE LIST UNDER S UBSECTION (A) 13
2006		-	OF THIS SECTION IN C ONSULTATION WITH : 14
2007		-
2008		-	(1) THE ADVISORY COUNCIL ; 15
2009		-
2010		-	(2) PRODUCER RESPONSIBILI TY ORGANIZATIONS ; 16
2011		-
2012		-	(3) SERVICE PROVIDERS ; 17
2013		-
2014		-	(4) LOCAL GOVERNMENTS ; AND 18
2015		-
2016		-	(5) OTHER INTERESTED PART IES. 19
2017		-
2018		-	(C) IN DEVELOPING THE LIS T UNDER SUBSECTION (A) OF THIS SECTION , 20
2019		-	THE DEPARTMENT MAY CONSID ER THE FOLLOWING CRI TERIA: 21
2020		-
2021		-	(1) CURRENT AVAILABILITY OF RECYCLING AND COMPOSTING 22
2022		-	COLLECTION SERVICES ; 23
2023		-
2024		-	(2) RECYCLING AND COMPOST ING PROCESSING INFRA STRUCTURE; 24
2025		-
2026		-	(3) CAPACITY AND TECHNOLO GY FOR SORTING COVER ED 25
2027		-	MATERIALS; 26
2028		-
2029		-	(4) WHETHER A COVERED MAT ERIAL IS: 27
	1808	+	(II) THE DEPARTMENT ’S ESTIMATED COSTS OF 1
	1809	+	ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITI AL 2
	1810	+	DATE OF APPROVAL AND THE DATE OF THE INIT IAL ANNUAL REPORT RE QUIRED 3
	1811	+	UNDER § 9–2507 § 9–2509 OF THIS SUBTITLE. 4
	1812	+
	1813	+	(I) IMPLEMENTATION OF AN APPROVED PRODUCER RE SPONSIBILITY PLAN 5
	1814	+	SHALL BEGIN NOT LATE R THAN 6 MONTHS AFTER THE DAT E THE PRODUCER 6
	1815	+	RESPONSIBILITY PLAN IS APPROVED BY THE DEPARTMENT . 7
	1816	+
	1817	+	(J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 8
	1818	+	AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION, AN APPROVED PRODUCER 9
	1819	+	RESPONSIBILITY PLAN SHALL EXPIRE AFTER 5 YEARS. 10
	1820	+
	1821	+	(2) A PRODUCER RESPONSIBIL ITY PLAN MAY CONTINU E AFTER 5 11
	1822	+	YEARS IF IT IS RENEG OTIATED, RENEWED, OR AMENDED AND APPRO VED BY THE 12
	1823	+	DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 13
	1824	+
	1825	+	(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A PROD UCER 14
	1826	+	RESPONSIBILITY PLAN AT ANY TIME FOR GOOD CAUSE. 15
	1827	+
	1828	+	(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A PROD UCER 16
	1829	+	RESPONSIBILITY PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE 17
	1830	+	PRODUCER OR , IF APPLICABLE, THE PRODUCER RESPONSI BILITY ORGANIZATION 18
	1831	+	MAY AMEND THE PLAN A ND SUBMIT IT TO THE DEPARTMENT FOR APPROV AL IN 19
	1832	+	ACCORDANCE WITH THIS SUBTITLE. 20
	1833	+
	1834	+	(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 21
	1835	+	§ 9–2509 OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER 22
	1836	+	SUBSECTION (C)(3) (C)(1)(III) OF THIS SECTION HAVE NOT BEEN ACHIEVED , THE 23
	1837	+	DEPARTMENT MAY : 24
	1838	+
	1839	+	(I) REQUIRE THAT A PRODUC ER OR PRODUCER 25
	1840	+	RESPONSIBILITY ORGAN IZATION AMEND THE PR ODUCER RESPONSIBILIT Y PLAN; 26
	1841	+	AND 27
	1842	+
	1843	+	(II) IMPOSE AN ADMINISTRAT IVE PENALTY ON A PRODUCER O R 28
	1844	+	PRODUCER RESPONSIBIL ITY ORGANIZATION IN ACCORDANCE WITH § 9–2510 § 29
	1845	+	9–2512 OF THIS SUBTITLE. 30
	1846	+
	1847	+	(6) IF THE DEPARTMENT REQUIRES A PRODUCER OR PRODUCER 31
	1848	+	RESPONSIBILITY ORGAN IZATION TO AMEND A P RODUCER RESPONSIBILI TY PLAN 32
	1849	+	UNDER PARAGRAPH (5) OF THIS SUBSECTION , THE PRODUCER OR PROD UCER 33
	1850	+	RESPONSIBILITY ORGAN IZATION SHALL COVER THE COST OF THE DEPARTMENT ’S 34
	1851	+	REVIEW AND SUPPLEMEN TAL WORK ON THE PLAN . 35 SENATE BILL 901 41
	1852	+
	1853	+
	1854	+
	1855	+	9–2506. 1
	1856	+
	1857	+	(A) IN ACCORDANCE WITH TH E REQUIREMENTS OF A PRODUCER 2
	1858	+	RESPONSIBILITY ORGAN IZATION, AS ESTABLISHED IN AN APPROVED PRODUCER 3
	1859	+	RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT , AND ANY OTHER 4
	1860	+	REQUIREMENT ADOPTED BY THE DEPARTMENT , A LOCAL GOVERNMENT SERVICE 5
	1861	+	PROVIDER MAY REQUEST REIMBURS EMENT FROM A PRODUCE R RESPONSIBILITY 6
	1862	+	ORGANIZATION FOR COS TS ASSOCIATED WITH COLL ECTING, TRANSPORTING , AND 7
	1863	+	PROCESSING PACKAGING COVERED MATERIALS THAT ARE I DENTIFIED UNDER THE 8
	1864	+	PLAN, INCLUDING COSTS ASSO CIATED WITH RECYCLIN G SERVICES FOR PUBLIC 9
	1865	+	PLACES AND PUBLIC HOUSING COVERED ENTITIES . 10
	1866	+
	1867	+	(B) (1) IF MULTIPLE PRODUCE R RESPONSIBILITY ORG ANIZATIONS 11
	1868	+	REGISTER APPROVED PR ODUCER RESPONSIBILIT Y PLANS WITH THE DEPARTMENT 12
	1869	+	IN ACCORDANCE WITH T HIS SUBTITLE , THE PRODUCER RESPONS IBILITY 13
	1870	+	ORGANIZATIONS SHALL COORDINATE REIMBURSE MENT REQUESTED UNDER THIS 14
	1871	+	SECTION. 15
	1872	+
	1873	+	(2) MULTIPLE PRODUCER RESPONSIBIL ITY ORGANIZATIONS MA Y 16
	1874	+	ESTABLISH A THIRD –PARTY ENTITY TO COOR DINATE REIMBURSEMENT IN 17
	1875	+	ACCORDANCE WITH THIS SUBSECTION. 18
	1876	+
	1877	+	(C) THIS SECTION DOES NOT AUTHORIZE A LOCAL GOVERNMENT SERVICE 19
	1878	+	PROVIDER TO REQUEST REIMBURSE MENT FROM A PRODUCER RESPONSIBILITY 20
	1879	+	ORGANIZATION FOR COS TS ASSOCIATED WITH C OMPOSTING MATERIALS THAT ARE 21
	1880	+	NOT PACKAGING COVERED MATERIALS, INCLUDING FOOD WASTE AND OTHER 22
	1881	+	ORGANIC MATERIALS . 23
	1882	+
	1883	+	9–2507. 24
	1884	+
	1885	+	(A) ON OR BEFORE JANUARY 1, 2029, AND EACH JANUARY 1 THEREAFTER , 25
	1886	+	A SERVICE PROVIDE R SEEKING REIMBURSEM ENT FOR SERVICES PRO VIDED UNDER 26
	1887	+	AN APPROVED PRODUCER RESPONSIBILITY PLAN UNDER § 9–2505 OF THIS 27
	1888	+	SUBTITLE SHALL REGIS TER WITH THE DEPARTMENT BY SUBMITT ING THE 28
	1889	+	FOLLOWING INFORMATIO N: 29
	1890	+
	1891	+	(1) THE CONTACT INFORMATI ON FOR AN INDIVIDUAL REPRESENTING 30
	1892	+	THE SERVICE PROVIDER ; 31
	1893	+
	1894	+	(2) THE ADDRESS OF THE SE RVICE PROVIDER ; AND 32
	1895	+
	1896	+	(3) (I) IF APPLICABLE TO THE SERVICES PROVIDED , A REPORT OF 33
	1897	+	THE TOTAL AMOUNT BIL LED FOR COLLECTION F OR COVERED ENTITIES , 34 42 SENATE BILL 901
	1898	+
	1899	+
	1900	+	PROCESSING SERVICES , AND TRANSFER STATION OPERATIONS PR OVIDED DURING 1
	1901	+	THE IMMEDIATELY PREC EDING CALENDAR YEAR . 2
	1902	+
	1903	+	(II) IF POSSIBLE, VALUES UNDER SUBPARA GRAPH (I) OF THIS 3
	1904	+	PARAGRAPH SHALL BE D ISAGGREGATED BY WHET HER THE VALUE IS FOR 4
	1905	+	COLLECTION, PROCESSING, OR TRANSFER . 5
	1906	+
	1907	+	(B) A SERVICE PROVIDER REC EIVING REIMBURSEMENT OR FUN DING 6
	1908	+	UNDER AN APPROVED PR ODUCER RESPONSIBILIT Y PLAN SHALL: 7
	1909	+
	1910	+	(1) AS APPLICABLE TO THE SERVICES OFFERED BY AND SERVICE 8
	1911	+	AREA OF THE SERVICE PROVIDER, PROVIDE COVERED SERV ICES FOR: 9
	1912	+
	1913	+	(I) COVERED MATERIALS INC LUDED ON THE LISTS 10
	1914	+	ESTABLISHED UNDER § 9–2508 OF THIS SUBTITLE; 11
	1915	+
	1916	+	(II) A REFILL SYSTEM ; OR 12
	1917	+
	1918	+	(III) REUSABLE COVERED MATE RIALS; 13
	1919	+
	1920	+	(2) REGISTER WITH THE DEPARTMENT UNDER SUBS ECTION (A) OF 14
	1921	+	THIS SECTION; 15
	1922	+
	1923	+	(3) SUBMIT INVOICES TO TH E PRODUCER RESPONSIB ILITY 16
	1924	+	ORGANIZATION FO R REIMBURSEMENT FOR SERVICES RENDERED , AS PROVIDED 17
	1925	+	UNDER AN APPROVED PR ODUCER RESPONSIBILIT Y PLAN; 18
	1926	+
	1927	+	(4) MEET PERFORMANCE STAN DARDS ESTABLISHED IN AN 19
	1928	+	APPROVED PRODUCER RE SPONSIBILITY PLAN UN DER § 9–2505 OF THIS SUBTITLE; 20
	1929	+
	1930	+	(5) ENSURE THAT COVERED M ATERIALS ARE SENT TO RESPO NSIBLE 21
	1931	+	END MARKETS ; 22
	1932	+
	1933	+	(6) PROVIDE DOCUMENTATION TO THE PRODUCER RESP ONSIBILITY 23
	1934	+	ORGANIZATION ON THE AMOUNTS, COVERED MATERIAL TYP ES, AND WEIGHTS OF 24
	1935	+	COVERED MATERIALS BY COVERED SERVICE METH OD; 25
	1936	+
	1937	+	(7) DISPLAY THE SERVICE P ROVIDER’S PRICE, LESS THE 26
	1938	+	REIMBURSEMENT FROM T HE PRODUCER RESPONSI BILITY ORGANIZATION AS 27
	1939	+	DETERMINED UNDER § 9–2505 OF THIS SUBTITLE WHE N INVOICING CUSTOMER S; 28
	1940	+	AND 29
	1941	+
	1942	+	(8) OTHERWISE COMPLY WITH ALL OTHER APPLICABLE 30
	1943	+	REQUIREMENTS OF THIS SUBTITLE. 31 SENATE BILL 901 43
	1944	+
	1945	+
	1946	+
	1947	+	(C) (1) A SERVICE PROVIDER MAY DESIGNATE AS CON FIDENTIAL ANY 1
	1948	+	PROPRIETARY INFORMAT ION PROVIDED TO : 2
	1949	+
	1950	+	(I) THE DEPARTMENT UNDER THIS SECTION; OR 3
	1951	+
	1952	+	(II) A PERSON DETERMINING R EIMBURSEMENT RATES U NDER § 4
	1953	+	9–2505 OF THIS SUBTITLE . 5
	1954	+
	1955	+	(2) INFORMATION DESIGNATE D AS CONFIDENTIAL UN DER THIS 6
	1956	+	SUBSECTION IS NOT SU BJECT TO DISCLOSURE UNDER TITLE 4 OF THE GENERAL 7
	1957	+	PROVISIONS ARTICLE (THE MARYLAND PUBLIC INFORMATION ACT), EXCEPT THAT 8
	1958	+	THE INFORMATION MAY BE DISCLOSED AS SUMM ARIZED OR AGGREGATED DATA IF 9
	1959	+	DOING SO DOES NOT DI RECTLY OR INDIRECTLY DISCLOSE THE PROPRIETA RY 10
	1960	+	INFORMATION OF ANY S PECIFIC FACILITY. 11
	1961	+
	1962	+	9–2508. 12
	1963	+
	1964	+	(A) (1) ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL DEVE LOP 13
	1965	+	A STATEWIDE LIST OF COVERED MATERIALS DE TERMINED TO BE RECYC LABLE OR 14
	1966	+	COMPOSTABLE THROUGH CURBSIDE RECYCLING P ROGRAMS. 15
	1967	+
	1968	+	(2) COVERED MATERIALS IN THE LIST DEVELOPED U NDER 16
	1969	+	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE COLLECTED : 17
	1970	+
	1971	+	(I) AT AN OPTIMAL LEVEL O F SERVICE AND CONVEN IENCE FOR 18
	1972	+	COVERED ENTITIES ; AND 19
	1973	+
	1974	+	(II) AT A MINIMUM , WHEREVER COLLECTION SERVICES FOR 20
	1975	+	MIXED MUNICIP AL SOLID WASTE ARE A VAILABLE. 21
	1976	+
	1977	+	(B) THE DEPARTMENT SHALL DEVE LOP THE LIST UNDER S UBSECTION (A) 22
	1978	+	OF THIS SECTION IN C ONSULTATION WITH : 23
	1979	+
	1980	+	(1) THE ADVISORY COUNCIL ; 24
	1981	+
	1982	+	(2) PRODUCER RESPONSIBILI TY ORGANIZATIONS ; 25
	1983	+
	1984	+	(3) SERVICE PROVIDERS ; 26
	1985	+
	1986	+	(4) LOCAL GOVER NMENTS; AND 27
	1987	+
	1988	+	(5) OTHER INTERESTED PART IES. 28
	1989	+	44 SENATE BILL 901
	1990	+
	1991	+
	1992	+	(C) IN DEVELOPING THE LIS T UNDER SUBSECTION (A) OF THIS SECTION , 1
	1993	+	THE DEPARTMENT MAY CONSID ER THE FOLLOWING CRI TERIA: 2
	1994	+
	1995	+	(1) CURRENT AVAILABILITY OF RECYCLING AND COM POSTING 3
	1996	+	COLLECTION SERVICES ; 4
	1997	+
	1998	+	(2) RECYCLING AND COMPOST ING PROCESSING INFRA STRUCTURE; 5
	1999	+
	2000	+	(3) CAPACITY AND TECHNOLO GY FOR SORTING COVER ED 6
	2001	+	MATERIALS; 7
	2002	+
	2003	+	(4) WHETHER A COVERED MAT ERIAL IS: 8
	2004	+
	2005	+	(I) OF A TYPE AND FORM TH AT IS REGULARLY SORT ED AND 9
	2006	+	AGGREGATED INTO DEFI NED STREAMS FOR RECY CLING PROCESSES; OR 10
	2007	+
	2008	+	(II) INCLUDED IN A SPECIFI CATION OF THE INSTITUTE OF 11
	2009	+	SCRAP RECYCLING INDUSTRIES, OR A SUCCESSOR ORGAN IZATION; 12
	2010	+
	2011	+	(5) AVAILABILITY OF RESPO NSIBLE END MARKETS ; 13
	2012	+
	2013	+	(6) PRESENCE AND AMOUNT O F PROCESSING RESIDUA LS, 14
	2014	+	CONTAMINATION , AND TOXIC SUB STANCES; 15
	2015	+
	2016	+	(7) QUANTITY OF COVERED M ATERIAL ESTIMATED TO BE AVAILABLE 16
	2017	+	AND RECOVERABLE ; 17
	2018	+
	2019	+	(8) PROJECTED FUTURE COND ITIONS FOR THE CRITE RIA UNDER 18
	2020	+	ITEMS (1) THROUGH (7) OF THIS SUBSECTION ; AND 19
	2021	+
	2022	+	(9) ANY OTHER CRITERIA OR FACTOR, AS DETERMINED BY THE 20
	2023	+	DEPARTMENT. 21
	2024	+
	2025	+	(D) (1) THE DEPARTMENT MAY AMEND A LIST COMPLETED UND ER THIS 22
	2026	+	SECTION AT ANY TIME . 23
	2027	+
	2028	+	(2) (I) THE DEPARTMENT SHALL PROV IDE AN AMENDED LIST 24
	2029	+	UNDER THIS SUBSECTIO N TO PRODUCER RESPON SIBILITY ORGANIZATIO NS WITHIN 25
	2030	+	A REASONABLE AMOUNT OF TIME, DETERMINED BY THE DEPARTMENT , AFTER 26
	2031	+	AMENDING THE LIST . 27
	2032	+
	2033	+	(II) ON RECEIPT OF AN AMEN DED LIST, A PRODUCER 28
	2034	+	RESPONSIBILITY ORGAN IZATION SHALL: 29
2030	2035		SENATE BILL 901 45
2031	2036
2032	2037
2033		-	~~(I) OF A TYPE AND FORM TH AT IS REGULARLY SORT ED AND~~ 1
2034		-	~~AGGREGAT ED INTO DEFINED STRE AMS FOR RECYCLING PR OCESSES~~; OR 2
2035		-
2036		-	~~(II) INCLUDED~~ IN ~~A SPECIFI CATION OF THE INSTITUTE OF~~ 3
2037		-	~~SCRAP RECYCLING INDUSTRIES,~~ ~~OR A SUCCESSOR ORGAN IZATION;~~ 4
2038		-
2039		-	(5) ~~AVAILABILITY OF RESPO NSIBLE END MARKETS ;~~ 5
2040		-
2041		-	~~(6) PRESENCE AND AMOUNT O~~ ~~F PROCESSING RESIDUALS, 6~~
2042		-	~~CONTAMINATION , AND TOXIC SUBSTANCES ; 7~~
2043		-
2044		-	~~(7) QUANTITY OF COVERED M ATERIAL ESTIMATED~~ TO ~~BE AVAILABLE 8~~
2045		-	~~AND RECOVERABLE ; 9~~
2046		-
2047		-	(8) ~~PROJECTED FUTURE COND ITIONS FOR~~ THE ~~CRITE RIA UNDER 10~~
2048		-	~~ITEMS (1) THROUGH (7) OF THIS SUBSECTION ; AND 11~~
2049		-
2050		-	~~(9) ANY OTHER CRITERIA OR FACTOR , AS DETERMINED BY~~ THE 12
2051		-	~~DEPARTMENT~~ . 13
2052		-
2053		-	(D) ~~(1)~~ THE DEPARTMENT ~~MAY AMEND A LIST COMPLETED UND ER THIS 14~~
2054		-	~~SECTION AT ANY TIME . 15~~
2055		-
2056		-	~~(2) (I) THE DEPARTMENT SHALL PROV IDE AN AMENDED LIST 16~~
2057		-	~~UNDER THIS SUBSECTIO N TO PRODUCER RESPON SIBILITY ORGANIZATIO NS WITHIN 17~~
2058		-	~~A REASONABLE AMOUNT OF TIME, DETERMINED BY THE DEPARTMENT , AFTER 18~~
2059		-	~~AMENDING~~ THE ~~LIST . 19~~
2060		-
2061		-	~~(II) ON RECEIPT OF AN AMEN DED LIST, A PRODUCER 20~~
2062		-	~~RESPONSIBILITY ORGAN IZATION~~ SHALL~~: 21~~
2063		-
2064		-	1. ~~PROVIDE THE LIST TO S ERVICE PROVIDERS AS SOON 22~~
2065		-	~~AS PRACTICABLE AFTER RECEIVING THE AMENDED LIST ; AND 23~~
2066		-
2067		-	2~~. WORK TO INCORPORATE C HANGES IN RELEVANT 24~~
2068		-	~~SERVICE PROVIDER REI MBURSEMENT RATES WIT HIN 1 CALENDAR YEAR~~ . 25
2069		-
2070		-	(~~E) (1) (I~~) A PRODUCER MAY ~~REQUEST , ON~~ A ~~FORM PRESCRIBED BY 26~~
2071		-	~~THE DEPARTMENT , THAT THE~~ DEPARTMENT CLASSIFY O NE OR MORE TYPES OF 27
2072		-	~~PACKAGING AS AN EXEM PT MATERIAL.~~ 28
2073		-
2074		-	~~(II) THE DEPARTMENT SHALL SUBM IT A REQUEST RECEIVE D 29~~
2075		-	~~UNDER THIS SUBSECTIO N TO THE ADVISORY CO UNCIL FOR RE VIEW AND COMMENT 30~~
2076		-	~~BEFORE APPROVING OR DENYING THE REQUEST . 31~~ 46 SENATE BILL 901
2077		-
2078		-
2079		-
2080		-	(2~~) SUBJECT TO PARAGRAPH (1)(II) OF THIS SUBSECTION , THE 1~~
2081		-	~~DEPARTMENT MAY APPROV E THE REQUEST ONLY I F~~ THE DEPARTMENT 2
2082		-	~~DETERMINES THAT A SP ECIFIC FEDERAL OR STATE HEALTH AND SAFE TY 3~~
2083		-	~~REQUIREMENT PREVEN TS~~ THE ~~PACKAGING FRO M BEING WASTE REDUCE D OR MADE 4~~
2084		-	~~REUSABLE, RECYCLABLE , OR COMPOSTABLE . 5~~
2085		-
2086		-	~~(3) WITHIN 120 DAYS AFTER THE DATE ON WHICH THE DEPARTMENT 6~~
2087		-	~~RECEIVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 7~~
2088		-	~~DEPARTMENT SHALL :~~ 8
2089		-
2090		-	~~(I) REVIEW AND APPRO VE OR DENY THE REQUE ST~~; ~~OR 9~~
2091		-
2092		-	(II) ~~REQUEST ADDITIONAL IN FORMATION FROM~~ THE 10
2093		-	~~PRODUCER. 11~~
2094		-
2095		-	(4) THE ~~DEPARTMENT SHALL PUBL ISH AND UPDATE AS NE CESSARY 12~~
2096		-	ON THE ~~DEPARTMENT ’S~~ ~~WEBSITE A LIST OF MATERIALS EXEMPTED B Y REQUEST 13~~
2097		-	~~UNDER THIS SUBSECTIO N. 14~~
2098		-
2099		-	~~(5) (I) AN EXEMPTION APPROVED PER A REQUEST UNDER THIS 15~~
2100		-	~~SUBSECTION SHALL EXP IRE 2 YEARS AFTER THE DATE ON WHICH THE DEPARTMENT 16~~
2101		-	~~APPROVES THE REQUEST . 17~~
2102		-
2103		-	~~(II) A PRODUCER MAY FILE A SUBSEQUENT REQUEST T HAT THE 18~~
2104		-	~~DEPARTMENT CLASSIFY O NE OR MORE TYPES OF PACKAGING AS AN EXEM PT 19~~
2105		-	~~MATERIAL AFTER THE EX PIRATION~~ OF THE ~~CLAS~~ ~~SIFICATION UNDER~~ 20
2106		-	~~SUBPARAGRAPH (I) OF THIS PARAGRAPH .~~ 21
2107		-
2108		-	~~9–2507. 9–2509.~~ 22
2109		-
2110		-	~~(A) BEGINNING MARCH 1, 2028 JULY 1, 2029, EACH PRODUCER OR 23~~
2111		-	~~PRODUCER RESPONSIBIL ITY ORGANIZATION THA T HAS AN APPROVED PR ODUCER~~ 24
2112		-	~~RESPONSIBILITY PLAN ON FILE WITH TH~~ E ~~DEPARTMENT SHALL REPO RT ANNUALLY~~ 25
2113		-	~~TO THE DEPARTMENT ON THE PRO GRESS TOWARD MEETING PLAN REQUIREMENTS 26~~
2114		-	~~AND GOALS FOR~~ THE ~~IM MEDIATELY PRECEDING CALENDAR YEAR . 27~~
2115		-
2116		-	~~(B)~~ THE ~~REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION~~ 28
2117		-	~~SHALL INCLUDE :~~ 29
2118		-
2119		-	(1) A DETAILED DESCRIPTION OF ~~THE REIMBURSEMENT METHODS~~ 30
2120		-	~~USED~~ FOR ~~COLLECTING~~ , ~~TRANSPORTING~~ , ~~AND PROCESSING PACKAGING COVERED~~ 31
2121		-	~~MATERIALS~~; 32
	2038	+	1. PROVIDE THE LIST TO S ERVICE PROVIDERS AS SOON 1
	2039	+	AS PRACTICABLE AFTER RECEIVING THE AMENDE D LIST; AND 2
	2040	+
	2041	+	2. WORK TO INCORPORATE CHANGES IN RELEVANT 3
	2042	+	SERVICE PROVIDER REI MBURSEMENT RATES WIT HIN 1 CALENDAR YEAR . 4
	2043	+
	2044	+	(E) (1) (I) A PRODUCER MAY REQUEST , ON A FORM PRESCRIBED BY 5
	2045	+	THE DEPARTMENT , THAT THE DEPARTMENT CLASSIFY O NE OR MORE TYPES OF 6
	2046	+	PACKAGING AS AN EXEM PT MATERIAL. 7
	2047	+
	2048	+	(II) THE DEPARTMENT SHALL SUBM IT A REQUEST RECEIVE D 8
	2049	+	UNDER THIS SUBSECTIO N TO THE ADVISORY CO UNCIL FOR REVIEW AND COMMENT 9
	2050	+	BEFORE APPROVING OR DENYING THE REQUEST . 10
	2051	+
	2052	+	(2) SUBJECT TO PARAGRAPH (1)(II) OF THIS SUBSECTION , THE 11
	2053	+	DEPARTMENT MAY APPROV E THE REQU EST ONLY IF THE DEPARTMENT 12
	2054	+	DETERMINES THAT A SP ECIFIC FEDERAL OR STATE HEALTH AND SAFE TY 13
	2055	+	REQUIREMENT PREVENTS THE PACKAGING FROM B EING WASTE REDUCED O R MADE 14
	2056	+	REUSABLE, RECYCLABLE , OR COMPOSTABLE . 15
	2057	+
	2058	+	(3) WITHIN 120 DAYS AFTER THE DATE ON WHICH THE DEPARTMENT 16
	2059	+	RECEIVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 17
	2060	+	DEPARTMENT SHALL : 18
	2061	+
	2062	+	(I) REVIEW AND APPROVE OR DENY THE REQUEST ; OR 19
	2063	+
	2064	+	(II) REQUEST ADDITIONAL IN FORMATION FROM THE 20
	2065	+	PRODUCER. 21
	2066	+
	2067	+	(4) THE DEPARTMENT SHALL PUBL ISH AND UPDATE AS NE CESSARY 22
	2068	+	ON THE DEPARTMENT ’S WEBSITE A LIST OF MATERIALS EXEMPTED B Y REQUEST 23
	2069	+	UNDER THIS SUBSECTIO N. 24
	2070	+
	2071	+	(5) (I) AN EXEMPTION APPROVED PER A REQUEST UNDER THIS 25
	2072	+	SUBSECTION SHALL EXP IRE 2 YEARS AFTER THE DATE ON WHICH THE DEPARTMENT 26
	2073	+	APPROVES THE REQUEST . 27
	2074	+
	2075	+	(II) A PRODUCER MAY FILE A SUBSEQ UENT REQUEST THAT TH E 28
	2076	+	DEPARTMENT CLASSIFY O NE OR MORE TYPES OF PACKAGING AS AN EXEM PT 29
	2077	+	MATERIAL AFTER THE E XPIRATION OF THE CLA SSIFICATION UNDER 30
	2078	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH . 31
	2079	+
	2080	+	9–2507. 9–2509. 32
	2081	+	46 SENATE BILL 901
	2082	+
	2083	+
	2084	+	(A) BEGINNING MARCH 1, 2028 JULY 1, 2029, EACH PRODUCER OR 1
	2085	+	PRODUCER RESPONSIBIL ITY ORGANIZATION THA T HAS AN APPROVED PR ODUCER 2
	2086	+	RESPONSIBILITY PLAN ON FILE WITH THE DEPARTMENT SHALL REPO RT ANNUALLY 3
	2087	+	TO THE DEPARTMENT ON THE PRO GRESS TOWARD MEETING PLAN REQUIREMENTS 4
	2088	+	AND GOALS FOR THE IM MEDIATELY PRECEDING CALENDAR Y EAR. 5
	2089	+
	2090	+	(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 6
	2091	+	SHALL INCLUDE : 7
	2092	+
	2093	+	(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 8
	2094	+	USED FOR COLLECTING , TRANSPORTING , AND PROCESSING PACKAGING COVERED 9
	2095	+	MATERIALS; 10
	2096	+
	2097	+	(2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS 11
	2098	+	ESTABLISHED UNDER § 9–2505(C)(3) § 9–2505(C)(1)(III) OF THIS SUBTITLE; AND 12
	2099	+
	2100	+	(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION 13
	2101	+	OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS; 14
	2102	+
	2103	+	(3) THE AMOUNT OF EACH PACKAGING COVERED MATERIAL TYPE 15
	2104	+	COLLECTED IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EA CH 16
	2105	+	PACKAGING MATERIAL T YPE; 17
	2106	+
	2107	+	(4) THE TOTAL COST OF IMP LEMENTING THE PLAN , AS DETERMINED 18
	2108	+	BY AN INDEPENDENT FI NANCIAL AUDITOR , INCLUDING: 19
	2109	+
	2110	+	(I) A COPY OF THE W ORK PRODUCT OF THE I NDEPENDENT 20
	2111	+	FINANCIAL AUDITOR ; AND 21
	2112	+
	2113	+	(II) FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS 22
	2114	+	RECEIVED AND ISSUED BY THE PRODUCERS COV ERED UNDER THE APPRO VED PLAN; 23
	2115	+
	2116	+	(5) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO 24
	2117	+	CONSUMERS OR OTHER E NTITIES; 25
	2118	+
	2119	+	(6) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN 26
	2120	+	EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS, 27
	2121	+	INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 28
	2122	+	OF THE PLAN CAN BE I MPROVED; 29
	2123	+
	2124	+	(7) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN MARKET 30
	2125	+	DEVELOPMENT AND FOR IMPROVING REUSE , ORGANICS RECYCLING COMPOSTING , 31
	2126	+	AND RECYCLING INFRAS TRUCTURE; 32
2122	2127		SENATE BILL 901 47
2123	2128
2124	2129
2125		-	(2) ~~(I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS~~ 1
2126		-	~~ESTABLISHED UNDER § 9–2505(C)(3) § 9–2505(C)(1)(III) OF THIS SUBTITLE; AND 2~~
2127		-
2128		-	~~(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION~~ 3
2129		-	~~OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS; 4~~
2130		-
2131		-	~~(3) THE AMOUNT OF EACH PACKAGING COVERED MATERIAL TYPE~~ 5
2132		-	~~COLLECTED IN THE STATE, INCLUDING THE METHOD OF DISPOSITION OF EA CH 6~~
2133		-	PACKAGING ~~M ATERIAL TYPE;~~ 7
2134		-
2135		-	~~(4) THE TOTAL COST OF IMP LEMENTING THE PLAN , AS DETERMINED 8~~
2136		-	~~BY AN INDEPENDENT FI NANCIAL AUDITOR , INCLUDING:~~ 9
2137		-
2138		-	~~(I) A COPY OF THE WORK PRO DUCT OF THE INDEPEND ENT 10~~
2139		-	~~FINANCIAL AUDITOR ; AND 11~~
2140		-
2141		-	(II) ~~FINANCIAL STATEMENTS DETAILING ALL PAYMEN TS 12~~
2142		-	~~RECEIVED AND ISSUED BY THE PRODUCERS COV ERED~~ UNDER ~~THE APPRO VED PLAN;~~ 13
2143		-
2144		-	~~(5) SAMPLES~~ OF ~~ALL EDUCAT IONAL MATERIALS PROV IDED TO~~ 14
2145		-	~~CONSUMERS OR OTHER E NTITIES;~~ 15
2146		-
2147		-	(6) ~~A DETAILED DESCRIPTION OF~~ THE ~~ACTIONS TAKEN AND AN~~ 16
2148		-	~~EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MATER IALS,~~ 17
2149		-	~~INCLUDING RECOMMENDA TIONS,~~ ~~IF ANY, FOR HOW~~ THE ~~EDUCATIO NAL COMPONENT~~ 18
2150		-	~~OF THE PLAN CAN BE I MPROVED;~~ 19
2151		-
2152		-	(7) ~~A DETAILED DESCRIPTION~~ OF ~~INVESTMENTS MADE IN MARKET~~ 20
2153		-	~~DEVELOPMENT~~ AND ~~FOR IMPROVING REUSE , ORGANICS RECYCLING COMPOSTING ,~~ 21
2154		-	~~AND RECYCLING INFRASTRUC TURE;~~ 22
2155		-
2156		-	~~(8) PROOF OF A THIRD~~ –~~PARTY AUDIT OF :~~ 23
2157		-
2158		-	~~(I) THE REDUCTION~~ IN ~~PACKAGING COVERED MATERIALS~~ 24
2159		-	~~REPORTED;~~ 25
2160		-
2161		-	~~(II)~~ THE ~~DATA USED TO DETE RMINE THE STATUS~~ OF ~~ACHIEVING 26~~
2162		-	~~PERFORMANCE GOALS ; 27~~
2163		-
2164		-	~~(III) THE AMOUNT OF EACH PACKAGING COVERED MATERIAL 28~~
2165		-	~~TYPE COLLECTED IN TH E STATE; AND 29~~
2166		-
2167		-	~~(IV) THE OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF 30~~
2168		-	~~BEVERAGE CONTAINERS IN THE STATE; AND 31~~ 48 SENATE BILL 901
2169		-
2170		-
2171		-
2172		-	~~(9) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT . 1~~
2173		-
2174		-	~~(C) WHEN PROVIDING~~ THE ~~DEPARTMENT WITH THE A NNUAL REPORT 2~~
2175		-	~~REQUIRED UNDER THIS SECTION,~~ ~~A PRODUCER OR PRODUC ER RESPONSIBILITY 3~~
2176		-	~~ORGANIZATION SHALL P AY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED 4~~
2177		-	~~COSTS OF ADMINISTERI NG~~, ~~OVERSEEING, AND ENFORCING THE PL AN FOR THE 1~~ 5
2178		-	~~YEAR IMMEDIATELY FOL LOWING THE ANNUAL RE PORT~~. 6
2179		-
2180		-	~~(D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE~~ 7
2181		-	~~DEPARTMENT BY A PRODU CER OR PRODUCER RESP ONSIBILITY ORGANIZAT ION 8~~
2182		-	~~SHALL BE KEPT CONFID ENTIAL BY THE DEPARTMENT~~ AND ~~MAY NO T BE SUBJECT TO 9~~
2183		-	~~PUBLIC INSPECTION . 10~~
2184		-
2185		-	~~(E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE 11~~
2186		-	~~POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PR ODUCER OR PRODUCER 12~~
2187		-	~~RESPONSIBILITY ORGAN IZATION. 13~~
2188		-
2189		-	~~9–2508. 9–2510. 14~~
2190		-
2191		-	~~ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN 15~~
2192		-	~~COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 16~~
2193		-	~~RELATING TO ANTITRUS~~ T ~~AND RESTRAINT OF T RADE FOR ANY COOPERA TED 17~~
2194		-	~~ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSA L OF PACKAGING 18~~
2195		-	~~COVERED MATERIALS.~~ 19
2196		-
2197		-	~~9–2509. 9–2511. 20~~
2198		-
2199		-	~~(A) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 21~~
2200		-	~~SUBTITLE. 22~~
2201		-
2202		-	~~(B) REGULATIONS ADOPTED U NDER THIS SECTION : 23~~
2203		-
2204		-	(1) MAY ~~ESTABLISH CRITERI~~ A ~~REGARDING PROVIDIN G BENEFITS TO 24~~
2205		-	~~THE ENVIRONMENT AND MINIMIZING RISKS TO PUBLIC HEALTH AND WO RKER 25~~
2206		-	~~HEALTH AND SAFETY ; AND 26~~
2207		-
2208		-	~~(2) SHALL ESTABLISH , OR REQUIRE A PRODUCE R RESPONSIBILITY 27~~
2209		-	~~PLAN TO ESTABLISH , A PROCESS FOR VALIDA TING RESPONS IBLE END MARKETS . 28~~
2210		-
2211		-	~~9–2510~~. ~~9–2512. 29~~
	2130	+	(8) PROOF OF A THIRD –PARTY AUDIT OF : 1
	2131	+
	2132	+	(I) THE REDUCTION IN PACKAGING COVERED MATERIALS 2
	2133	+	REPORTED; 3
	2134	+
	2135	+	(II) THE DATA USED TO DETE RMINE THE STATUS OF ACHIEVING 4
	2136	+	PERFORMANCE GOALS ; 5
	2137	+
	2138	+	(III) THE AMOUNT OF EACH PACKAGING COVERED MATERIAL 6
	2139	+	TYPE COLLECTED IN TH E STATE; AND 7
	2140	+
	2141	+	(IV) THE OVERALL REDEMPTIO N RATE AND RECYCLING RATE OF 8
	2142	+	BEVERAGE CONTAINERS IN THE STATE; AND 9
	2143	+
	2144	+	(9) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT . 10
	2145	+
	2146	+	(C) WHEN PROVIDING THE DEPARTMENT WITH THE A NNUAL REPORT 11
	2147	+	REQUIRED UNDER THIS SECTION, A PRODUCER OR PRODUC ER RESPONSIBILITY 12
	2148	+	ORGANIZATION SHALL P AY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED 13
	2149	+	COSTS OF ADMINISTERI NG, OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 14
	2150	+	YEAR IMMEDIATELY FOL LOWING THE ANNUAL RE PORT. 15
	2151	+
	2152	+	(D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 16
	2153	+	DEPARTMENT BY A PRODU CER OR PRODUCER RESP ONSIBILITY ORGANIZAT ION 17
	2154	+	SHALL BE KEPT CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO 18
	2155	+	PUBLIC INSPECTION . 19
	2156	+
	2157	+	(E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE 20
	2158	+	POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE PR ODUCER OR PRODUCER 21
	2159	+	RESPONSIBILITY ORGAN IZATION. 22
	2160	+
	2161	+	9–2508. 9–2510. 23
	2162	+
	2163	+	ANY PERSON PARTICIPAT ING IN A PRODUCER RE SPONSIBILITY PLAN IN 24
	2164	+	COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 25
	2165	+	RELATING TO ANTITRUS T AND RESTRAINT OF T RADE FOR ANY COOPERA TED 26
	2166	+	ACTIVITIES ARISING O UT OF THE RECYCLING , REUSE, AND DISPOSAL OF PACKAGING 27
	2167	+	COVERED MATERIALS. 28
	2168	+
	2169	+	9–2509. 9–2511. 29
	2170	+
	2171	+	(A) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 30
	2172	+	SUBTITLE. 31
	2173	+	48 SENATE BILL 901
	2174	+
	2175	+
	2176	+	(B) REGULATIONS ADOPTED U NDER THIS SECTION : 1
	2177	+
	2178	+	(1) MAY ESTABLISH CRITERI A REGARDING PROVIDIN G BENEFITS TO 2
	2179	+	THE ENVIRON MENT AND MINIMIZING RISKS TO PUBLIC HEAL TH AND WORKER 3
	2180	+	HEALTH AND SAFETY ; AND 4
	2181	+
	2182	+	(2) SHALL ESTABLISH , OR REQUIRE A PRODUCE R RESPONSIBILITY 5
	2183	+	PLAN TO ESTABLISH , A PROCESS FOR VALIDA TING RESPONSIBLE END MARKETS. 6
	2184	+
	2185	+	9–2510. 9–2512. 7
	2186	+
	2187	+	(A) EXCEPT AS OTHERWISE PROVIDED UNDER SUBSE CTIONS (B) AND (C) OF 8
	2188	+	THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY 9
	2189	+	TO ENFORCE VIOLATION S OF: 10
	2190	+
	2191	+	(1) THIS SUBTITLE; 11
	2192	+
	2193	+	(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR 12
	2194	+
	2195	+	(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 13
	2196	+
	2197	+	(B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION 14
	2198	+	THAT VIOLATES THIS S UBTITLE IS SUBJECT T O: 15
	2199	+
	2200	+	(I) FOR A FIRST VIOLATION , AN ADMINISTRATIVE PENALTY OF 16
	2201	+	$5,000; 17
	2202	+
	2203	+	(II) FOR A SECOND VIOLATIO N, AN ADMINISTRATIVE PENALTY 18
	2204	+	OF $10,000; AND 19
	2205	+
	2206	+	(III) FOR A THIRD OR SUBSEQ UENT VIOLATION , A CIVIL PENALTY 20
	2207	+	OF $20,000. 21
	2208	+
	2209	+	(2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS 22
	2210	+	SECTION UNLESS : 23
	2211	+
	2212	+	(I) THE DEPARTMENT FIRST ISSU ES A WRITTEN NOTICE OF 24
	2213	+	VIOLATION TO THE PRO DUCER; AND 25
	2214	+
	2215	+	(II) THE VIOLATION IS NOT CORRECT ED WITHIN 60 DAYS AFTER 26
	2216	+	RECEIPT OF THE WRITT EN NOTICE. 27
2212	2217		SENATE BILL 901 49
2213	2218
2214	2219
2215		-	(A) EXCEPT AS OTHERWISE P ROVIDED UNDER SUBSEC TIONS (B) AND (C) OF 1
2216		-	THIS SECTION, THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY 2
2217		-	TO ENFORCE VIOLATION S OF: 3
2218		-
2219		-	(1) THIS SUBTITLE; 4
2220		-
2221		-	(2) ANY REGULATION ADOPTED UNDER THIS S UBTITLE; OR 5
2222		-
2223		-	(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 6
2224		-
2225		-	(B) (1) A PRODUCER OR PRODUCER RESPONSIBILITY ORGAN IZATION 7
2226		-	THAT VIOLATES THIS S UBTITLE IS SUBJECT T O: 8
2227		-
2228		-	(I) FOR A FIRST VIOLATION , AN ADMINISTRATIVE PENALTY OF 9
2229		-	$5,000; 10
2230		-
2231		-	(II) FOR A SECOND VIOLATIO N, AN ADMINISTRATIVE PENALTY 11
2232		-	OF $10,000; AND 12
2233		-
2234		-	(III) FOR A THIRD OR SUBSEQ UENT VIOLATION , A CIVIL PENALTY 13
2235		-	OF $20,000. 14
2236		-
2237		-	(2) A PENALTY MAY NOT BE I MPOSED ON A PRODUCER UNDER THIS 15
2238		-	SECTION UNLESS : 16
2239		-
2240		-	(I) THE DEPARTMENT FIRST ISSU ES A WRITTEN NOTICE OF 17
2241		-	VIOLATION TO THE PRO DUCER; AND 18
2242		-
2243		-	(II) THE VIOLATION IS NOT CORRECTED WITHIN 60 DAYS AFTER 19
2244		-	RECEIPT OF THE WRITT EN NOTICE. 20
2245		-
2246		-	(3) AFTER THE 60–DAY PERIOD SPECIFIED UNDER PARAGRAPH (2) 21
2247		-	OF THIS SUBSECTION , EACH DAY THAT A VIOL ATION CONTINUES IS A SEPAR ATE 22
2248		-	VIOLATION. 23
2249		-
2250		-	(C) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–2507 § 24
2251		-	9–2509 OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER § 25
2252		-	9–2505(C)(3) § 9–2505(C)(1)(III) OF THIS SUBTITLE HAV E NOT BEEN ACHIEVED , THE 26
2253		-	DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE PE NALTY, NOT TO EXCEED 27
2254		-	$250,000, ON THE PRODUCER RESP ONSIBILITY ORGANIZAT ION. 28
2255		-
2256		-	(D) ANY PENALTY COLLECTED BY THE DEPARTMENT UNDER THIS SECTION 29
2257		-	SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 30
2258		-	9–1707 OF THIS TITLE. 31 50 SENATE BILL 901
2259		-
2260		-
2261		-
2262		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 1
2263		-	2025, each local government in the State shall file a feasibility plan with the Department 2
2264		-	of the Environment that prioritizes the sale of recycled packaging materials back to 3
2265		-	manufacturers that have a manufacturing facility in the State if a beverage container 4
2266		-	deposit return program is enacted in the State, the Department of the Environment shall: 5
2267		-
2268		-	(1) coordinate the implementation of the beverage container deposit return 6
2269		-	program in a manner that ensures compatibility with producer responsibility plans and 7
2270		-	related provisions of law as enacted by Section 1 of this Act; and 8
2271		-
2272		-	(2) ensure that: 9
2273		-
2274		-	(i) materials covered in the beverage container deposit program are 10
2275		-	exempt from producer responsibility plans; or 11
2276		-
2277		-	(ii) related financial obligations are reduced. 12
2278		-
2279		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
2280		-	1, 2025. 14
2281		-
	2220	+	(3) AFTER THE 60–DAY PERIOD SPECIFIED UNDER PARAGRAPH (2) 1
	2221	+	OF THIS SUBSECTION , EACH DAY THAT A VIOL ATION CONTINUES IS A SEPARATE 2
	2222	+	VIOLATION. 3
	2223	+
	2224	+	(C) IF, BASED ON THE ANNUAL REPORT SUBMITTED UNDER § 9–2507 § 4
	2225	+	9–2509 OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER § 5
	2226	+	9–2505(C)(3) § 9–2505(C)(1)(III) OF THIS SUBTITLE HAV E NOT BEEN ACHIEVED , THE 6
	2227	+	DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE PE NALTY, NOT TO EXCEED 7
	2228	+	$250,000, ON THE PRODUCER RESP ONSIBILITY ORGANIZAT ION. 8
	2229	+
	2230	+	(D) ANY PENALTY COLLECTED BY THE DEPARTMENT UNDER THIS SECTION 9
	2231	+	SHALL BE PAID INTO T HE STATE RECYCLING TRUST FUND ESTABLISHED UNDE R § 10
	2232	+	9–1707 OF THIS TITLE. 11
	2233	+
	2234	+	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 12
	2235	+	2025, each local government in the State shall file a feasibility plan with the Department 13
	2236	+	of the Environment that prioritizes the sale of recycled packaging materials back to 14
	2237	+	manufacturers that have a manufacturing facility in the State if a beverage container 15
	2238	+	deposit return program is enacted in the State, the Department of the Environment shall: 16
	2239	+
	2240	+	(1) coordinate the implementation of the beverage container deposit return 17
	2241	+	program in a manner that ensures compatibility with producer responsibility plans and 18
	2242	+	related provisions of law as enacted by Section 1 of this Act; and 19
	2243	+
	2244	+	(2) ensure that: 20
	2245	+
	2246	+	(i) materials covered in the beverage container deposit program are 21
	2247	+	exempt from producer responsibility plans; or 22
	2248	+
	2249	+	(ii) related financial obligations are reduced. 23
	2250	+
	2251	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24
	2252	+	1, 2025. 25
2282	2253
2283	2254
2284	2255
2285	2256
2286	2257		Approved:
2287	2258		________________________________________________________________________________
2288	2259		Governor.
2289	2260		________________________________________________________________________________
2290	2261		President of the Senate.
2291	2262		________________________________________________________________________________
2292	2263		Speaker of the House of Delegates.