Signed by Governor Wes Moore

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that requires by April 1, 2026 all producers selling packaging materials in Maryland have an agreement with the Maryland Department of the Environment to reduce the amount of packaging materials used.

Highlights:

• Defines organics recycling to mean any process where organic materials or compostable packaging materials are collected, processed, and returned to the marketplace in the form of raw materials or product (Sec. 1).

• Defines advisory council as the established producer responsibility advisory council (Sec. 1).

• Defines packaging materials to mean, regardless of recyclability, any part of a package or container that is sold, imported, or distributed in the state (Sec. 1).

• Expands packaging materials to include primary, secondary, and tertiary packaging intended for the consumer market, beverage containers, and service packaging designs to be filled at the point of sale, including (Sec. 1):

• Carry-out bags;

• Bulk goods bags; and

• Take-out and home delivery food service packaging.

• Specifies that packaging materials do not include any part of a package or container sold or supplied in connection to (Sec. 1):

• A pesticide product;

• A federally regulated drug, medical device, biologic, diagnostic, or dietary supplement, including items intended for animals;

• A medical product required to be sterile or enclose din packaging with tamper-resistant seals to protect public health, including those intended for animals;

• Liquified petroleum gas containers designed to be refilled.

• Defines a producer as a person that, with respect to packaging materials used to protect or contain a product offered for sale or distribution (Sec. 1):

• Has legal ownership of the brand the product is sold under;

• Is the manufacturer of the product, if the product lacks identification of the brand;

• Is the licensee of the brand or trademark the product is being sold under;

• Is the person importing the product into the United States in a commercial enterprise that sells the item in the state.

• Specifies that the producer does not include (Sec. 1):

• A local government;

• A non-profit charitable organization;

• An entity which manufactures drugs or devices authorized by the US Food and Drug Administration;

• An entity that made less than $5,000,000 in gross revenue during the immediately preceding calendar year;

• An entity that sold or distributed for sale in the State during the immediately preceding calendar year less than 1 metric ton of packaging materials;

• A entity that owns or operates a restaurant or similar establishment that is headquartered in the state and primarily sells to members of the pubic food made for immediate consumption;

• An entity that owns or operates a single retail establishment that has no online sales and is not part of a chain or franchise;

• An entity licensed under Article 2 of the Alcoholic Beverage Article and generated less than $10,000 in gross revenue during the immediately preceding calendar year or has an agreement with another entity where they take responsibility under a producer responsibility program dore packaging materials.

• Defines the producer responsibility organization as a non-profit that is exempt from taxation and created by a group of producers to represent the interests of producers (Sec. 1).

• Requires that before October 1, 2023, the Department approves a single producer responsibility organization to represent the interests of producers (Sec. 1).

• Establishes a producer responsibility advisory council with the purpose of providing advice and making recommendations regarding implementing a producer responsibility program in the state for packaging materials (Sec. 1).

• Require that the council consist of 21 members appointed by the secretary and includes representatives from (Sec. 1):

• Local Government agencies responsible for recycling programs;

• Public and private sector recyclable and compostable collectors;

• Public and private recycling processors;

• Organics recycling processors;

• Producers rom the consumer goods sector;

• Retail and small businesses;

• Material-oriented trade groups.

• Requires that the council have (Sec. 1):

• A representative from the producer responsibility organization;

• Representatives from at least 2 non-profit organizations in the state focused on reducing waste;

• At least 1 representative of an environmental advocacy organization and 1 of an advocacy organization advocating on behalf of overburdened and underserved communities;

• At least 2 members of the public.

• Requires that when appointing members to the council, the membership of the council represents all geographic regions of the state, large and small counties and municipalities, and the variability in how waste and other materials are collected and processed (Sec. 1).

• Specifies that a member of the council (Sec. 1):

• May not receive compensation for council work; and

• Is entitled to reimbursement for standard travel expenses for council work, as provided by the state budget.

• Requires that the council make recommendations on how to effectively establish a producer responsibility program in the state for packaging materials (Sec. 1).

• Requires that the council report its findings before December 1, 2024 to the Governor, Senate Committee on Education Energy, and the Environment, and the House Environment and Transportation Committee (Sec. 1).

• Requires that the Office of Recycling in the Department of Environment procure a statewide recycling needs assessment (Sec. 2).

• Requires that the Office hire an independent consultant to conduct evaluations and analysis on multiple elements in the recycling and solid waste streams (Sec. 2).

• Requires a report on the results of the assessments conducted be provided to the Governor and General Assembly before July 30. 2024 (Sec. 2).

• Requires that the independent consultant consult with the advisory council, local government entities, and regional solid waste organizations and producers when conducting their assessment (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill requires by April 1, 2026 all producers selling packaging materials in Maryland have an agreement with the Maryland Department of the Environment to reduce the amount of packaging materials used

Highlights:

• Defines organics recycling to mean any process where organic materials or compostable packaging materials are collected, processed, and returned to the marketplace in the form of raw materials or product (Sec. 1).

• Defines advisory council as the established producer responsibility advisory council (Sec. 1).

• Defines packaging materials to mean, regardless of recyclability, any part of a package or container that is sold, imported, or distributed in the state (Sec. 1).

• Expands packaging materials to include primary, secondary, and tertiary packaging intended for the consumer market, beverage containers, and service packaging designs to be filled at the point of sale, including (Sec. 1):

• Carry-out bags;

• Bulk goods bags; and

• Take-out and home delivery food service packaging.

• Specifies that packaging materials do not include any part of a package or container sold or supplied in connection to (Sec. 1):

• A pesticide product;

• A federally regulated drug, medical device, biologic, diagnostic, or dietary supplement, including items intended for animals;

• A medical product required to be sterile or enclose din packaging with tamper-resistant seals to protect public health, including those intended for animals;

• Liquified petroleum gas containers designed to be refilled.

• Defines a producer as a person that, with respect to packaging materials used to protect or contain a product offered for sale or distribution (Sec. 1):

• Has legal ownership of the brand the product is sold under;

• Is the manufacturer of the product, if the product lacks identification of the brand;

• Is the licensee of the brand or trademark the product is being sold under;

• Is the person importing the product into the United States in a commercial enterprise that sells the item in the state.

• Specifies that the producer does not include (Sec. 1):

• A local government;

• A non-profit charitable organization;

• An entity which manufactures drugs or devices authorized by the US Food and Drug Administration;

• An entity that made less than $5,000,000 in gross revenue during the immediately preceding calendar year;

• An entity that sold or distributed for sale in the State during the immediately preceding calendar year less than 1 metric ton of packaging materials;

• A entity that owns or operates a restaurant or similar establishment that is headquartered in the state and primarily sells to members of the pubic food made for immediate consumption;

• An entity that owns or operates a single retail establishment that has no online sales and is not part of a chain or franchise;

• An entity licensed under Article 2 of the Alcoholic Beverage Article and generated less than $10,000 in gross revenue during the immediately preceding calendar year or has an agreement with another entity where they take responsibility under a producer responsibility program dore packaging materials.

• Defines the producer responsibility organization as a non-profit that is exempt from taxation and created by a group of producers to represent the interests of producers (Sec. 1).

• Requires that before October 1, 2023, the Department approves a single producer responsibility organization to represent the interests of producers (Sec. 1).

• Establishes a producer responsibility advisory council with the purpose of providing advice and making recommendations regarding implementing a producer responsibility program in the state for packaging materials (Sec. 1).

• Require that the council consist of 21 members appointed by the secretary and includes representatives from (Sec. 1):

• Local Government agencies responsible for recycling programs;

• Public and private sector recyclable and compostable collectors;

• Public and private recycling processors;

• Organics recycling processors;

• Producers rom the consumer goods sector;

• Retail and small businesses;

• Material-oriented trade groups.

• Requires that the council have (Sec. 1):

• A representative from the producer responsibility organization;

• Representatives from at least 2 non-profit organizations in the state focused on reducing waste;

• At least 1 representative of an environmental advocacy organization and 1 of an advocacy organization advocating on behalf of overburdened and underserved communities;

• At least 2 members of the public.

• Requires that when appointing members to the council, the membership of the council represents all geographic regions of the state, large and small counties and municipalities, and the variability in how waste and other materials are collected and processed (Sec. 1).

• Specifies that a member of the council (Sec. 1):

• May not receive compensation for council work; and

• Is entitled to reimbursement for standard travel expenses for council work, as provided by the state budget.

• Requires that the council make recommendations on how to effectively establish a producer responsibility program in the state for packaging materials (Sec. 1).

• Requires that the council report its findings before December 1, 2024 to the Governor, Senate Committee on Education Energy, and the Environment, and the House Environment and Transportation Committee (Sec. 1).

• Requires that the Office of Recycling in the Department of Environment procure a statewide recycling needs assessment (Sec. 2).

• Requires that the Office hire an independent consultant to conduct evaluations and analysis on multiple elements in the recycling and solid waste streams (Sec. 2).

• Requires a report on the results of the assessments conducted be provided to the Governor and General Assembly before July 30. 2024 (Sec. 2).

• Requires that the independent consultant consult with the advisory council, local government entities, and regional solid waste organizations and producers when conducting their assessment (Sec. 2).

Full Bill Text