Electronic Device Producer Responsibility Program - Established

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0655*

SENATE BILL 655
M3 6lr1436
HB 931/25 – ENT CF HB 992
By: Senator Augustine
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Electronic Device Producer Responsibility Program – Established 2

FOR the purpose of altering the contents and use of the State Recycling Trust Fund; 3
establishing a separate covered electronic device producer responsibility program 4
plan and annual report and registration and review fees account within the Fund; 5
repealing certain provisions of law relating to existing covered electronic device 6
takeback programs; altering certain provisions of law relating to registration fees for 7
certain manufacturers of covered electronic devices; prohibiting certain 8
manufacturers from selling or offering f or sale certain covered electronic devices 9
except under certain circumstances; requiring that a certain manufacturer 10
registration fee be paid into a certain account within the Fund; requiring certain 11
manufacturers to include certain information with certain covered electronic devices 12
in a certain manner; requiring certain entities to consult with the Department of the 13
Environment to develop certain educational materials subject to certain 14
requirements; establishing a covered electronic device producer respo nsibility 15
program in the Department to facilitate the collection and recycling, refurbishment, 16
or reuse of certain covered electronic devices in the State; establishing requirements 17
for certain producer responsibility organizations as part of a covered electronic device 18
producer responsibility program; requiring certain producer responsibility 19
organizations to submit a certain plan to the Department, subject to certain 20
requirements; requiring the Department to review a certain plan and approve or 21
deny the p lan subject to certain procedures; establishing the covered electronic 22
device producer responsibility advisory council to advise the Department on the 23
implementation and the administration of the covered electronic device producer 24
responsibility program; requiring the Department to notify certain manufacturers of 25
covered electronic devices of certain information on or before a certain date and to 26
evaluate certain federal laws; and generally relating to the recycling of covered 27
electronic devices in the State. 28

BY repealing and reenacting, with amendments, 29
Article – Environment 30
2 SENATE BILL 655

Section 9–1701, 9–1707(f), 9–1727, 9–1728, 9–1728.1, 9–1729, and 9–1730 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2025 Supplement) 3

BY repealing 4
Article – Environment 5
Section 9–1728.2 6
Annotated Code of Maryland 7
(2014 Replacement Volume and 2025 Supplement) 8

BY adding to 9
Article – Environment 10
Section 9–1728.2 through 9–1728.6 11
Annotated Code of Maryland 12
(2014 Replacement Volume and 2025 Supplement) 13

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15

Article – Environment 16

9–1701. 17

(a) In this subtitle the following words have the meanings indicated. 18

(b) “Anaerobic digestion” means the controlled anaerobic biological decomposition 19
of organic waste material to produce biogas and digestate. 20

(b–1) (1) “Architectural paint” means interior and exterior architectural coatings 21
sold in containers of 5 gallons or less. 22

(2) “Architectural paint” does not include industrial coatings, original 23
equipment coatings, or specialty coatings. 24

(c) “Compost” means the product of composting in accordance with the standards 25
established by the Secretary of Agriculture under § 6–221 of the Agriculture Article. 26

(d) “Composting” means the controlled aerobic biological decomposition of organic 27
waste material in accordance with the standards established by the Secretary under this 28
title. 29

(e) (1) “Composting facility” means a facility where composting takes place. 30

(2) “Composting facility” does not include a facility that is required to 31
obtain: 32

SENATE BILL 655 3

(i) A natural wood waste recycling facility permit in accordance with 1
this title; 2

(ii) A sewage sludge utilization permit in accordance with this title; 3
or 4

(iii) A refuse disposal permit in accordance with this title. 5

(f) (1) “Computer” means a desktop personal computer [or], laptop computer, 6
OR NOTEBOOK COMPUTER, including, IF APPLICABLE, the computer monitor. 7

(2) “Computer” does not include: 8

(i) A personal digital assistant device; or 9

(ii) A computer peripheral device, including: 10

1. A mouse or other similar pointing device; 11

2. A printer; or 12

3. A detachable keyboard. 13

(g) (1) “Covered electronic device” means [a]: 14

(I) A computer [or video]; 15

(II) A COMPUTER MONITOR; 16

(III) A TELEVISION; 17

(IV) A VIDEO display device [with a screen that is greater than 4 18
inches measured diagonally]; 19

(V) A DESKTOP COMPUTER; 20

(VI) A PORTABLE COMPUTER; 21

(VII) A NOTEBOOK COMPUTER; 22

(VIII) A LAPTOP COMPUTER; 23

(IX) AN E–READING DEVICE; 24

(X) A TABLET COMPUTER; 25
4 SENATE BILL 655

(XI) A ROUTER; 1

(XII) A MODEM; 2

(XIII) A COMPUTER CENTRAL PROCESSING UNIT; 3

(XIV) A PRINTER; 4

(XV) A SCANNER; 5

(XVI) A FACSIMILE MACHINE; 6

(XVII) A COPIER; 7

(XVIII) A GPS SYSTEM; 8

(XIX) A CAMERA; 9

(XX) A RADIO; 10

(XXI) REMOTE HEADPHONES; 11

(XXII) EARPHONES; 12

(XXIII) EARBUDS; 13

(XXIV) A POWER STRIP; 14

(XXV) A SMALL–SCALE SERVER; 15

(XXVI) A DIGITAL VIDEO DISC PLAYER OR RECORDER; 16

(XXVII) A VIDEOCASSETTE RECORDER; 17

(XXVIII) A DIGITAL CONVERTER BOX; 18

(XXIX) A CABLE RECEIVER; 19

(XXX) A SATELLITE RECEIVER; 20

(XXXI) AN ELECTRONIC MUSIC PLAYER; 21

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(XXXII) A VIDEO GAME CONSOLE OR CONTROLLER; 1

(XXXIII) A HOME AUDIO COMPONENT OR SPEAKER; 2

(XXXIV) A COMPUTER PERIPHERAL DEVICE; 3

(XXXV) A PERSONAL DIGITAL ASSISTANT; OR 4

(XXXVI) ANY OTHER COVERED ELE CTRONIC DEVICE IF 5
ESTABLISHED BY THE DEPARTMENT IN REGULATION. 6

(2) “Covered electronic device” does not include a video display OR OTHER 7
ELECTRONIC device that is [part]: 8

(I) PART OR A COMPONENT P ART of a motor vehicle [or that is 9
contained]; 10

(II) CONTAINED within a household appliance [or], INCLUDING 11
WHITE GOODS SUCH AS FREEZERS, MICROWAVE OVENS , DISHWASHERS, 12
DEHUMIDIFIERS, AIR PURIFIERS , WATER PUMPS , SUMP PUMPS , OR EXERCISE 13
EQUIPMENT; 14

(III) PART OF , CONNECTED TO , OR INTEGRATED WITHIN A 15
LARGER PIECE OF EQUI PMENT OR SYSTEM DESI GNED AND INTENDED FO R USE IN , 16
OR THAT IS TAKEN OUT OF SERVICE FROM , A commercial, RETAIL, RESEARCH AND 17
DEVELOPMENT, LIBRARY CHECKOUT , TRAFFIC CONTROL , KIOSK, PROFESSIONAL 18
SECURITY, GOVERNMENTAL, AGRICULTURAL, industrial, or medical [equipment] 19
SETTING; 20

(IV) EQUIPMENT USED FOR SE CURITY, SENSING, MONITORING, 21
ANTITERRORISM, OR EMERGENCY SERVICES; 22

(V) A TELEPHONE OF ANY TYPE; 23

(VI) A MEDICAL PRODUCT AS DEFINED IN THE FEDERAL FOOD, 24
DRUG, AND COSMETIC ACT; OR 25

(VII) A STATIONARY ENERGY STORAGE SYSTEM. 26

[(h) “Covered electronic device takeback program” means a program, established 27
by a covered electronic device manufacturer or a group of covered electronic device 28
manufacturers, for the collection and recycling, refurbishing, or reuse of a covered 29
electronic device labeled with the name of the manufacturer or the manufact urer’s brand 30
label, including: 31
6 SENATE BILL 655

(1) Providing, at no cost to the returner, a method of returning a covered 1
electronic device to the manufacturer, including postage paid mailing packages or 2
designated collection points throughout the State; 3

(2) Contracting with a recycler, local government, other manufacturer, or 4
any other person; or 5

(3) Any other program approved by the Department.] 6

(H) “COVERED ENTITY” MEANS: 7

(1) A HOUSEHOLD IN THE STATE; 8

(2) A BUSINESS OR NONPROFIT ORGANIZATION THAT EMPLOYS 10 OR 9
FEWER INDIVIDUALS; 10

(3) A PUBLIC SECTOR AGENCY OR ENTITY; OR 11

(4) ANY PERSON THAT GIVES SEVEN OR FEWER COVER ED 12
ELECTRONIC DEVICES TO AN ELECTRONIC DEVICE COLLECTOR AT ANY ONE TIME. 13

(i) “Director” means the Director of the Office of Recycling. 14

[(i–1)] (J) “Distributor” means a company that has a contractual relationship with 15
one or more producers to market and sell architectural paint to retailers in the State. 16

(K) “ELECTRONIC DEVICE COLLECTOR” MEANS AN ENTITY THAT COLLECTS 17
COVERED ELECTRONIC DEVICES AS PART OF AN ELECTR ONIC DEVICE PRODUCER 18
RESPONSIBILITY PROGRAM. 19

(L) “ELECTRONIC DEVICE COO RDINATING BODY ” MEANS AN ENTITY 20
DESIGNATED BY MULTIP LE ELECTRONIC DEVICE PRODUCER RESPONSIBIL ITY 21
ORGANIZATIONS OR THE DEPARTMENT TO COORDINATE ACTIVITIES BETWEEN THE 22
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATIONS. 23

(M) (1) “ELECTRONIC DEVICE MANUFACTURER” MEANS ANY PERSON: 24

(I) THAT MANUFACTURES COV ERED ELECTRONIC DEVI CES 25
UNDER A BRAND THAT IT OWNS OR THAT IT IS LICENSED TO USE; 26

(II) THAT SELLS COVERED EL ECTRONIC DEVICES 27
MANUFACTURED BY OTHERS UNDER A BRAND THAT THE SELLER OWNS; 28

SENATE BILL 655 7

(III) THAT MANUFACTURES COV ERED ELECTRONIC DEVI CES 1
WITHOUT AFFIXING A BRAND; 2

(IV) THAT MANUFACTURES COVERED ELECTRONIC DEVICES TO 3
WHICH IT AFFIXES A BRAND THAT IT DOES NOT OWN; OR 4

(V) ON WHOSE ACCOUNT COVE RED ELECTRONIC DEVIC ES 5
MANUFACTURED OUTSIDE THE UNITED STATES ARE IMPORTED I NTO THE UNITED 6
STATES UNLESS ANOTHER PERSON IS REGISTERED AS THE MANUFACTURER OF THE 7
BRAND OF THE COVERED ELECTRONIC DEVICES. 8

(2) “ELECTRONIC DEVICE MAN UFACTURER” DOES NOT INCLUDE A 9
PERSON: 10

(I) WITH A LICENSE TO MANUFACTURE COVERED ELECTRONIC 11
DEVICES FOR DELIVERY EXCLUSIVELY TO OR AT THE ORDER OF THE LICENSER; OR 12

(II) THAT MANUFACTURES ONLY PERIPHERALS AND NO OTHER 13
COVERED ELECTRONIC DEVICES. 14

(N) “ELECTRONIC DEVICE MAN UFACTURER OBLIGATION ” MEANS AN 15
ELECTRONIC DEVICE MANUFACTURER’S PERCENTAGE OF THE TOTAL OBLIGATION 16
OF ALL ELECTRONIC DEVICE MANUFACTURERS OF COVERED ELECTRONIC DEVICES. 17

(O) “ELECTRONIC DEVICE MAN UFACTURER’S MARKET SHARE ” MEANS AN 18
ELECTRONIC DEVICE MA NUFACTURER’S PERCENTAGE OF ALL REGISTERED 19
COVERED ELECTRONIC DEVICES BY WEIGHT SOLD WITHIN AN ELECTRONIC DEVICE 20
PRODUCT CATEGORY DURING A SPECIFIED TIME PERIOD. 21

(P) “ELECTRONIC DEVICE PRODUCER RESP ONSIBILITY ORGANIZAT ION” 22
MEANS AN ORGANIZATIO N THAT REPRESENTS AT LEAST 5% OF ALL ELECTRONIC 23
DEVICE MANUFACTURER OBLIGATIONS, DESIGNATED BY AN ELE CTRONIC DEVICE 24
MANUFACTURER OR GROUP OF ELECTRONIC DEVI CE MANUFACTURERS TO ACT AS 25
AN AGENT OF THE ELECTRONIC DE VICE MANUFACTURER OR GROUP OF 26
ELECTRONIC DEVICE MANUFACTURERS IN ORDER TO DEVELOP AND IMPLEMENT AN 27
ELECTRONIC DEVICE PR ODUCER RESPONSIBILITY PROGRAM ON BEHALF OF THE 28
ELECTRONIC DEVICE MA NUFACTURER OR GROUP OF ELECTRONIC DEVICE 29
MANUFACTURERS. 30

(Q) “ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM” MEANS 31
A STATEWIDE PROGRAM FOR COLLECTING , TRANSPORTING, AND RECYCLING 32
COVERED ELECTRONIC DEVICES THAT IS IMPLEMENTED BY AN ELECTRONIC DEVICE 33
8 SENATE BILL 655

PRODUCER RESPONSIBIL ITY ORGANIZATION IN ACCORDANCE WITH A PLAN 1
APPROVED BY THE DEPARTMENT. 2

(R) “ELECTRONIC DEVICE PRO DUCT CATEGORY” MEANS A GROUPING OF 3
COVERED ELECTRONIC D EVICES, AS DETERMINED BY THE DEPARTMENT, FOR 4
PURPOSES OF SORTING COVERED ELECTRONIC D EVICES AT COLLECTION AND 5
CALCULATING MARKET SHARE. 6

(S) “ELECTRONIC DEVICE RET AILER” MEANS ANY PERSON THA T OFFERS 7
FOR SALE A COVERED E LECTRONIC DEVICE BY ANY MEANS , INCLUDING 8
TRANSACTIONS CONDUCT ED THROUGH SALES OUT LETS, CATALOGS, OR THE 9
INTERNET. 10

(T) “ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES ” MEANS 11
PRACTICES THAT COMPLY WITH ALL APPLICABLE LAWS, INCLUDING LAWS RELATED 12
TO: 13

(1) ADEQUATE RECORD KEEPING; 14

(2) TRACKING THE END USE OF RECYCLED MATERIALS; 15

(3) PERFORMANCE AUDITS AND INSPECTIONS; 16

(4) REUSE AND REFURBISHMENT; 17

(5) WORKER HEALTH AND SAFETY REQUIREMENTS; 18

(6) MAINTENANCE OF LIABIL ITY INSURANCE AND FI NANCIAL 19
ASSURANCES; AND 20

(7) ANY OTHER PRACTICES A DOPTED BY THE DEPARTMENT IN 21
REGULATION. 22

[(i–2)] (U) “Food residuals” means material derived from the processing or 23
discarding of food, including pre – and post –consumer vegetables, fruits, grains, dairy 24
products, and meats. 25

[(j) “Manufacturer” means a person that is the brand owner of a covered electronic 26
device sold or offered for sale in the State, by any means, including transactions conducted 27
through sales outlets, catalogs, or the Internet.] 28

[(k)] (V) (1) “Natural wood waste” means tree and other natural vegetative 29
refuse. 30

SENATE BILL 655 9

(2) “Natural wood waste” includes tree stumps, brush and limbs, root mats, 1
logs, and other natural vegetative material. 2

[(l)] (W) (1) “Natural wood waste recycling facility” means a facility where 3
recycling services for natural wood waste are provided. 4

(2) “Natural wood waste recycling facility” does not include a collection or 5
processing facility operated by: 6

(i) A nonprofit or governmental organization located in the State; or 7

(ii) A single individual or business that provides recycling services 8
for its own employees or for its own recyclable materials generated on its own premises. 9

[(m)] (X) “Office” means the Office of Recycling within the Department. 10

[(n)] (Y) (1) “Organics recycling” means any process in which organic 11
materials or compostable packaging materials are collected, separated, or processed and 12
returned to the marketplace in the form of raw materials or products. 13

(2) “Organics recycling” includes anaerobic digestion and composting. 14

[(o)] (Z) “Organics recycling facility” means a facility where organics recycling 15
takes place. 16

[(o–1)] (AA) “Paint stewardship assessment” means the amount added to the 17
purchase price of architectural paint sold in the State that is necessary to cover the Paint 18
Stewardship Program’s cost of collecting, transporting, and processing postconsumer paint 19
statewide. 20

[(o–2)] (BB) “Postconsumer paint” means architectural paint not used and no longer 21
wanted by a purchaser. 22

(CC) “PREMIUM SERVICE ” MEANS A SERVICE SUCH AS AN AT –LOCATION 23
SYSTEM UPGRADE SERVICE, AN AT–HOME PICKUP SERVICE, OR A CURBSIDE PICKUP 24
SERVICE. 25

[(o–3)] (DD) “Producer” means a manufacturer of architectural paint that sells, 26
offers for sale, or distributes the paint in the State under the producer’s own name or brand. 27

[(p)] (EE) (1) “Recyclable materials” means those materials that: 28

(i) Would otherwise become solid waste fo r disposal in a refuse 29
disposal system; and 30

10 SENATE BILL 655

(ii) May be collected, separated, composted, or processed and 1
returned to the marketplace in the form of raw materials or products. 2

(2) “Recyclable materials” does not include incinerator ash. 3

[(q)] (FF) “Recycling” means any process in which recyclable materials are 4
collected, separated, or processed and returned to the marketplace in the form of raw 5
materials or products. 6

[(r)] (GG) “Recycling services” means the services provided by persons engaged in 7
the business of recycling, including the collection, processing, storage, purchase, sale, or 8
disposition of recyclable materials. 9

[(r–1)] (HH) “Refuse disposal system” has the meaning stated in § 9–201 of this title. 10

[(r–2)] (II) “Representative organization” means a nonprofit organization created 11
by producers to implement a Paint Stewardship Program. 12

[(r–3)] (JJ) “Retailer” means any person that offers architectural paint for sale at 13
retail in the State. 14

[(r–4)] (KK) “Sale” or “sell” means any tr ansfer of title for consideration, including 15
remote sales conducted through sales outlets, catalogues, the Internet, or any other similar 16
electronic means. 17

(LL) “SMALL–SCALE SERVER” MEANS A COMPUTER THAT: 18

(1) TYPICALLY USES DESKTO P COMPONENTS IN A DESKTOP FORM 19
AND IS DESIGNED PRIM ARILY TO SERVE AS A STORAGE HOST FOR OTH ER 20
COMPUTERS; AND 21

(2) IS DESIGNED: 22

(I) IN A PEDESTAL, TOWER, OR OTHER FORM THAT IS SIMILAR 23
TO THAT OF A DESKTOP COMPUTER SO THAT ALL DATA PROCESSING, STORAGE, AND 24
NETWORK INTERFACING IS CONTAINED WITHIN ONE BOX OR PRODUCT; 25

(II) TO BE OPERATIONAL NEA RLY 24 HOURS PER DAY AND 7 26
DAYS PER WEEK; 27

(III) TO BE CAPABLE OF OPER ATING IN A SIMULTANE OUS 28
MULTI–USER ENVIRONMENT , SERVING SEVERAL USER S THROUGH NETWORKED 29
CLIENT UNITS; AND 30

SENATE BILL 655 11

(IV) TO BE AN INDUSTRY –ACCEPTED OPERATING S YSTEM FOR 1
HOME OR LOW–END SERVER APPLICATIONS. 2

[(s)] (MM) (1) “Solid waste stream” means garbage or refuse that would, unless 3
recycled, be disposed of in a refuse disposal system. 4

(2) “Solid waste stream” includes organic material capable of being 5
composted that is not composted in accordance with regulations adopted under § 9–1725(b) 6
of this subtitle. 7

(3) “Solid waste stream” does not include: 8

(i) Hospital waste; 9

(ii) Rubble; 10

(iii) Scrap material; 11

(iv) Land clearing debris; 12

(v) Sewage sludge; or 13

(vi) Waste generated by a single individual or business and disposed 14
of in a facility dedicated solely for that entity’s waste. 15

[(t)] (NN) (1) “Video display device” means an electronic device with an output 16
surface that displays or is capable of displaying moving graphical images or visual 17
representations of image sequences or pictures that show a number of quickly changing 18
images on a screen to create the illusion of motion. 19

(2) “Video display device” includes a device that is an integral part of the 20
display and cannot easily be removed from the display by the consumer and that produces 21
the moving image on the screen. 22

(3) A video display device may use a cathode–ray tube (CRT), liquid crystal 23
display (LCD), gas plasma, digital light processing, or other image–projection technology. 24

[(u)] (OO) “White goods” includes: 25

(1) Refrigerators; 26

(2) Stoves; 27

(3) Washing machines; 28

(4) Dryers; 29

12 SENATE BILL 655

(5) Water heaters; [and] 1

(6) Air conditioners; AND 2

(7) ANY OTHER APPLIANCES DESIGNATED BY THE DEPARTMENT IN 3
REGULATION. 4

[(v)] (PP) (1) “Yard waste” means organic plant waste derived from gardening, 5
landscaping, and tree trimming activities. 6

(2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and 7
prunings. 8

9–1707. 9

(f) (1) There is a State Recycling Trust Fund. 10

(2) The Fund shall consist of: 11

(i) The newsprint recycling incentive fee; 12

(ii) The telephone directory recycling incentive fee collected under § 13
9–1709 of this subtitle; 14

(iii) The [covered] electronic device [manufacturer] PRODUCER 15
RESPONSIBILITY PROGRAM PLAN AND ANNUAL R EPORT AND registration [fee] AND 16
REVIEW FEES collected under [§ 9–1728] §§ 9–1728 AND 9–1728.4 of this subtitle; 17

(iv) The Paint Stewardship Program plan and annual report review 18
fees collected under § 9–1733(b) and (h) of this subtitle; 19

(v) Any fees collected from producer responsibility organizations 20
under § 9–1702.2 of this subtitle or Subtitle 25 of this title; 21

(vi) All fines and penalties collected under this subtitle and § 9–2512 22
of this title; 23

(vii) Money appropriated in the State budget to the Fund; and 24

(viii) Any other money from any other source accepted for the benefit 25
of the Fund. 26

(3) The Secretary shall administer the Fund. 27

(4) The Treasurer shall hold the Fund separately and the Comptroller shall 28
account for the Fund. 29
SENATE BILL 655 13

(5) At the end of each fiscal year, any unspent or unencumbered balance in 1
the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in 2
accordance with § 7–302 of the State Finance and Procurement Article. 3

(6) In accordance with the State budget, the Fund shall be used only: 4

(i) To provide grants to the counties to be used by the counties t o 5
develop and implement local recycling plans; 6

(ii) [To provide grants to counties that have addressed methods for 7
the separate collection and recycling of covered electronic devices in accordance with § 8
9–1703(c)(1) of this subtitle; 9

(iii) To pro vide grants to municipalities to be used by the 10
municipalities to implement local covered electronic device recycling programs; 11

(iv)] To cover the costs of the Paint Stewardship Program plan review 12
under § 9 –1733(b) of this subtitle, the annual report review under § 9 –1733(h) of this 13
subtitle, and associated costs for Program compliance oversight; 14

[(v)] (III) In accordance with paragraph (7) of this subsection, to 15
cover the costs of a statewide recycling needs assessment conducted under § 9 –1702.2 of 16
this subtitle; 17

[(vi)] (IV) In accordance with paragraph (7) of this subsection, to 18
cover the costs of producer responsibility plan review, oversight, and enforcement under 19
Subtitle 25 of this title; [and] 20

(V) TO COVER THE COSTS OF THE ELECTRONIC DEVICE 21
PRODUCER RESPONSIBIL ITY PROGRAM PLAN AND REPORT REVIEW UNDER THIS 22
SUBTITLE AND ASSOCIATED COSTS FOR PROGRAM OVERSIGHT AND OTHER RELATED 23
ADMINISTRATIVE AND ENFORCEMENT ACTIVITIES; AND 24

[(vii)] (VI) To carry out the purposes of the land management 25
administration. 26

(7) (i) There is a separate account within the Fund. 27

(ii) The separate account shall consist of: 28

1. Any fees collected from producer responsibility 29
organizations under § 9–1702.2 of this subtitle or Subtitle 25 of this title; and 30

2. All fines and penalties collected under § 9 –2512 of this 31
title. 32
14 SENATE BILL 655

(iii) The separate account shall be used only for the costs of statewide 1
recycling needs assessments conducted under § 9 –1702.2 of this subtitle and producer 2
responsibility plan review, oversight, and enforcement under Subtitle 25 of this title. 3

(8) (I) THERE SHALL BE A SEPA RATE ELECTRONIC DEVI CE 4
PRODUCER RESPONSIBIL ITY PROGRAM PLAN AND ANNUAL REPORT AND 5
REGISTRATION AND REVIEW FEES ACCOUNT WITHIN THE FUND. 6

(II) THE ACCOUNT SHALL CONSIST OF THE ELECTRONIC DEVICE 7
PRODUCER RESPONSIBIL ITY PROGRAM PLAN AND ANNUAL REPORT AND 8
REGISTRATION AND REVIEW FEES COLLECTED IN ACCORDANCE WITH § 9–1728.4 OF 9
THIS SUBTITLE. 10

(III) THE ACCOUNT SHALL BE USED TO: 11

1. FUND THE COSTS OF ADM INISTERING, 12
IMPLEMENTING, AND ENFORCING THE EL ECTRONIC DEVICE PROD UCER 13
RESPONSIBILITY PROGR AM ESTABLISHED UNDER § 9–1728.5 OF THIS SUBTITLE ; 14
AND 15

2. REIMBURSE EXPENSES OF MEMBERS OF THE 16
ELECTRONIC DEVICE PR ODUCER RESPONSIBILITY PROGRAM ADVISORY C OUNCIL 17
UNDER § 9–1728.6 OF THIS SUBTITLE. 18

[(8)] (9) (i) The Treasurer shall invest the money in the Fund in the 19
same manner as other State money may be invested. 20

(ii) Any investment earnings of the Fund shall be credited to the 21
General Fund of the State. 22

9–1727. 23

(a) This section applies to [a] AN ELECTRONIC DEVICE manufacturer that sells 24
or offers for sale a new covered electronic device in the State. 25

(b) [A] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , AN 26
ELECTRONIC DEVICE manufacturer may not sell or offer for sale to any person in the State 27
a new covered electronic device unless: 28

(1) THE ELECTRONIC DEVICE MANUFACTURER PARTICIPATES IN AN 29
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM THAT COMPLIES WITH 30
THE REQUIREMENTS OF THIS SUBTITLE; 31

SENATE BILL 655 15

(2) The covered electronic device is labeled with the name of the 1
ELECTRONIC DEVICE manufacturer or the manufacturer’s brand label AND THE LABEL 2
IS PERMANENTLY AFFIXED AND EASILY VISIBLE; [and] 3

[(2)] (3) The ELECTRONIC DEVICE manufacturer has registered with 4
and, if applicable, submitted [a registration fee ] AN ELECTRONIC DEVICE PR ODUCER 5
RESPONSIBILITY PROGRAM PLAN AND ANNUAL R EPORT AND REGISTRATI ON AND 6
REVIEW FEES to the Department [as provided under this part]; AND 7

(4) THE BRAND IS INCLUDED IN AN ELECTRONIC DEVICE PRODUCER 8
RESPONSIBILITY PROGRAM PLAN APPROVED BY THE DEPARTMENT. 9

(C) AN ELECTRONIC DEVICE MANUFACTURER IS NOT REQUIRED TO 10
PARTICIPATE IN AN ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM IN 11
A GIVEN YEAR IF THE ELECTRONIC DEVICE MANUFACTURER PROVIDES PROOF, TO 12
THE SATISFACTION OF THE DEPARTMENT, THAT THE ELECTRONIC DEVICE 13
MANUFACTURER SOLD LESS THAN 50 COVERED ELECTRONIC DEVICES IN THE STATE 14
DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR. 15

(D) THE FAILURE OF AN ELECTRONIC DEVICE MANUFACTURER TO SATISFY 16
ANY OF THE RESPONSIB ILITIES DELEGATED TO IT BY AN ELECTRONIC DEVICE 17
PRODUCER RESPONSIBILITY ORGANIZATION FOR DEVELOPING AND IMPLEMENTING 18
AN ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM DOES NOT RELIEVE 19
THE ELECTRONIC DEVICE MA NUFACTURER OF THE MA NUFACTURER’S 20
RESPONSIBILITY TO SATISFY THE REQUIREMENTS OF THIS SUBTITLE. 21

9–1728. 22

(A) (1) AN ELECTRONIC DEVICE MANUFACTURER SHALL REGISTER WITH 23
THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION. 24

(2) THE REGISTRATION REQUIRED UNDER THIS SUBSECTION SHALL: 25

(I) BE IN A FORM DEVELOPED BY THE DEPARTMENT; AND 26

(II) BE APPLICABLE FOR THE IMMEDIATELY FOLLOWIN G 27
FISCAL YEAR. 28

[(a)] (B) [A covered ] AN electronic device manufacturer’s registration shall 29
include: 30

(1) [The] A LIST OF ALL THE BRAN DS OF ELECTRONIC DEV ICES 31
MANUFACTURED, SOLD, OR IMPORTED BY THE E LECTRONIC DEVICE 32
MANUFACTURER, INCLUDING THE brand names under which the ELECTRONIC DEVICE 33
16 SENATE BILL 655

manufacturer sells or offers for sale covered electronic devices in the State, INCLUDING 1
THOSE SOLD OR OFFERE D FOR SALE IN THE IM MEDIATELY PRECEDING FISCAL 2
YEAR; 3

(2) [Whether the manufacturer has implemented a covered electronic 4
device takeback program; 5

(3) If the manufacturer has implemented a covered electronic device 6
takeback program: 7

(i) A toll–free number or Web site address that provides information 8
about the takeback program, including a detailed description of how a person may return 9
a covered electronic device for recycling, refurbishing, or reuse; and 10

(ii) One year after the implementation of the program and each year 11
thereafter, a report on the implementation of the program during the prior year, including: 12

1. The total weight of the covered electronic devices received 13
by the program from Maryland during the prior year; 14

2. The total number of covered electronic devices from 15
Maryland recycled, refurbished, and reused during the prior year; and 16

3. The processes and methods used to recycle, refurbish, or 17
reuse the covered electronic devices received from Maryland; 18

(4) The total number of covered electronic devices sold in the State in the 19
prior year, including: 20

(i) The types of covered electronic devices sold; and 21

(ii) The brand names under which the covered electronic devices 22
were sold] THE NAME OF THE ELECTRONIC DEVICE MANUFACTURER’S DESIGNATED 23
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATION; and 24

[(5)] (3) Any additional information required by the Department in 25
regulation. 26

[(b) The registration shall: 27

(1) Be submitted to the Department by March 1 of each year; and 28

(2) If the manufacturer has implemented a covered electronic device 29
takeback program, be updated prior to any significant change in the program.] 30

SENATE BILL 655 17

(c) (1) [The] SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , THE 1
[covered] electronic device manufacturer registration fee shall be paid by [a] AN 2
ELECTRONIC DEVICE manufacturer in accordance with this subsection. 3

(2) [For the initial registration by a manufacturer, t he] THE registration 4
fee is: 5

(i) $10,000 for [a] AN ELECTRONIC DEVICE manufacturer that 6
sold at least 1,000 covered electronic devices in the State in the prior year; and 7

(ii) $5,000 for [a] AN ELECTRONIC DEVICE manufacturer that sold 8
at least 100 but not more than 999 covered electronic devices in the State in the prior year. 9

[(3) For each subsequent annual registration by a manufacturer that did 10
not have an implemented covered electronic device takeback program in the prior year, the 11
registration fee is: 12

(i) 1. On or after March 1, 2013, and before March 1, 2016, 13
$10,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State 14
in the prior year; and 15

2. On or after March 1, 2016, $5,000 for a manufacturer that 16
sold at least 1,000 covered electronic devices in the State in the prior year; and 17

(ii) $5,000 for a manufacturer that sold at least 100 but not more 18
than 999 covered electronic devices in the State in the prior year. 19

(4) For each subsequent annual registration by a manufacturer that had 20
an implemented covered electronic device takeback program in the prior year, the 21
registration fee is $500.] 22

[(5)] (3) There is no registration fee for [a] AN ELECTRONIC DEVIC E 23
manufacturer that sold less than 100 covered electronic devices in the State in the prior 24
year. 25

[(6)] (4) The registration fee required under this subsection shall: 26

(i) Be submitted to the Department [by March 1 of each year ] ON 27
OR BEFORE MARCH 1, 2027; and 28

(ii) Be paid into the ELECTRONIC DEVICE PR ODUCER 29
RESPONSIBILITY PROGRAM PLAN AND ANNUAL R EPORT AND REGISTRATI ON AND 30
REVIEW FEES ACCOUNT WITHIN THE State Recycling Trust Fund. 31

(5) THE DEPARTMENT MAY ADJUST THE ELECTRONIC DEVIC E 32
MANUFACTURER REGISTRATION FEE BY REGULATION. 33
18 SENATE BILL 655

(6) BEGINNING MARCH 1, 2029, AND EACH MARCH 1 THEREAFTER, 1
EACH ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATION SHALL PAY 2
THE FEE REQUIRED UNDER THIS SECTION. 3

[(d) (1) The Department shall: 4

(i) Review the registration submitted under this section; and 5

(ii) If the registration does not meet the requirements of this section 6
and the regulations adopted by the Department under this subtitle, notify the 7
manufacturer of the insufficiency. 8

(2) Within 60 day s after receipt of a notice of insufficiency, the 9
manufacturer shall submit a revised registration that addresses the insufficiencies noted 10
by the Department. 11

(e) The Department shall maintain a list of registered covered electronic device 12
manufacturers on its Web site. 13

(f) The sales data submitted in accordance with subsection (a)(4) of this section 14
shall be treated as confidential and proprietary, and may not be disclosed except as 15
otherwise required by law.] 16

9–1728.1. 17

(a) [In this section, “retail er” means any person that sells a covered electronic 18
device to a consumer. 19

(b)] If [a] AN ELECTRONIC DEVICE manufacturer is subject to the requirements 20
of §§ 9 –1727 and 9 –1728 of this [part, a] SUBTITLE, AN ELECTRONIC DEVICE retailer 21
may not sell or offer for sale to any person in the State a new covered electronic device 22
manufactured by the ELECTRONIC DEVICE manufacturer, unless: 23

(1) THE COVERED ELECTRONI C DEVICE IS LABELED WITH A BRAND 24
AND THE LABEL IS PERMANENTLY AFFIXED AND READILY VISIBLE; 25

(2) THE BRAND IS INCLUDED ON THE LIST MADE PUB LICLY 26
AVAILABLE BY THE DEPARTMENT UNDER THIS SUBTITLE; AND 27

(3) THE LIST MADE PUBLICL Y AVAILABLE BY THE DEPARTMENT 28
SPECIFIES THAT the ELECTRONIC DEVICE manufacturer has complied with the 29
requirements of §§ 9–1727 and 9–1728 of this [part] SUBTITLE. 30

SENATE BILL 655 19

(B) (1) AN ELECTRONIC DEVICE RETAILER SHALL PROVI DE TO A 1
CONSUMER AT THE TIME OF THE SALE OF A COV ERED ELECTRONIC DEVI CE 2
INFORMATION FROM THE DEPARTMENT’S WEBSITE THAT PROVIDES DETAILS ABOUT 3
WHERE AND HOW A CONS UMER CAN RECYCLE , REUSE, OR REFURBISH COVERED 4
ELECTRONIC DEVICES IN THE STATE. 5

(2) THE INFORMATION UNDER THIS SUBSECTION SHALL BE: 6

(I) FOR IN–STORE SALES, PROVIDED IN PRINTED FORM ON THE 7
RECEIPT, WITH A WEBSITE ADDRE SS, TOLL–FREE TELEPHONE NUMBE R, OR QR 8
CODE, AS DETERMINED BY THE DEPARTMENT; AND 9

(II) FOR INTERNET SALES, IN PRINTABLE FORM. 10

[9–1728.2. 11

(a) A manufacturer that has implemented a covered electronic device takeback 12
program shall include educational and in structional materials relating to the destruction 13
and sanitization of data from a covered electronic device: 14

(1) With each new covered electronic device sold or offered for sale in the 15
State; 16

(2) On the manufacturer’s covered electronic device takeback program Web 17
site; or 18

(3) As information provided through the manufacturer’s covered electronic 19
device takeback program toll–free number. 20

(b) A manufacturer that is participating in a covered electronic device takeback 21
program established by a group of covered electronic device manufacturers shall be 22
considered as having implemented a covered electronic device takeback program under this 23
part.] 24

9–1728.2. 25

(A) (1) AN ELECTRONIC DEVICE PRODUCER RESPONSIBIL ITY 26
ORGANIZATION, OR IF APPLICABLE, AN ELECTRONIC DEVICE COORDINATING BODY, 27
SHALL CONSULT WITH T HE DEPARTMENT TO DEVELOP EDUCATIONAL AND 28
INSTRUCTIONAL MATERIALS, RESOURCES, AND PUBLIC AWARENESS ACTIVITIES TO 29
ADVERTISE AND PROMOTE, ON A REGULAR BASIS: 30

(I) THE RECYCLING , REUSE, AND REFURBISHM ENT OF 31
COVERED ELECTRONIC DEVICES; 32

20 SENATE BILL 655

(II) THE DESTRUCTION AND S ANITIZATION OF DATA FROM 1
COVERED ELECTRONIC DEVICES; AND 2

(III) COLLECTION OPPORTUNITIES IN THE STATE. 3

(2) AT MINIMUM , AN ELECTRONIC DEVICE PRODUCER 4
RESPONSIBILITY ORGANIZATION SHALL: 5

(I) PROMOTE RECYCLING , REUSE, AND REFURBISHMENT OF 6
COVERED ELECTRONIC D EVICES THROUGH AN EL ECTRONIC DEVICE PROD UCER 7
RESPONSIBILITY PROGRAM; 8

(II) ESTABLISH A TOLL –FREE TELEPHONE NUMBE R AND 9
WEBSITE ADDRESS THAT A COVERED ENTITY MAY USE TO CONTACT THE 10
ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y ORGANIZATION ABOUT THE 11
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM; 12

(III) PUBLICIZE INFORMATION ON THE LOCATION OF 13
COLLECTION SITES AND ALL OTHER COLLECTION SERVICES OFFERED BY THE 14
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM; AND 15

(IV) ENGAGE WITH AND WORK TO SUSTAIN HIGH AWARENESS OF 16
THE ELECTRONIC DEVIC E PRODUCER RESPONSIB ILITY PROGRAM IN MIN ORITY, 17
LOW–INCOME, RURAL, AND HISTORICALLY UNDERSERVED COMMUNITIES. 18

(3) AN ELECTRONIC DEVICE PRODUCER RESPONSIBILITY 19
ORGANIZATION, OR IF APPLICABLE, AN ELECTRONIC DEVICE COORDINATING BODY, 20
SHALL PROVIDE EDUCAT IONAL MATERIALS UNDE R THIS SECTION TO CO VERED 21
ENTITIES TO PROVIDE WITH EACH NEW COVERE D ELECTRONIC DEVICE SOLD OR 22
OFFERED FOR SALE IN THE STATE: 23

(I) IN MULTIPLE LANGUAGES , AS DETERMINED BY THE 24
DEPARTMENT, AND IN FORMATS THAT COMPLY WITH THE FEDE RAL AMERICANS 25
WITH DISABILITIES ACT; AND 26

(II) ON PRINTED MATERIALS IN ACCORDANCE WITH § 9–1728.1 27
OF THIS SUBTITLE. 28

(B) (1) IF THE DEPARTMENT APPROVES MORE THAN ONE ELECTR ONIC 29
DEVICE PRODUCER RESP ONSIBILITY PROGRAM P LAN, EACH ELECTRONIC DEVI CE 30
PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL, IN CONSULTATION WITH AN 31
APPLICABLE ELECTRONIC DEVICE COORDINATIN G BODY AND THE DEPARTMENT, 32
COORDINATE WITH ALL OTHER ELECTRONIC DEVICE PRO DUCER RESPONSIBILITY 33
ORGANIZATIONS TO IMP LEMENT ONGOING PUBLI C AWARENESS ACTIVITI ES TO 34
SENATE BILL 655 21

ENSURE THAT COVERED ENTITIES CAN EASILY IDENTIFY, UNDERSTAND, AND 1
ACCESS THE SERVICES PROVIDED BY ALL ELEC TRONIC DEVICE PRODUC ER 2
RESPONSIBILITY PROGRAMS IN THE STATE. 3

(2) PUBLIC AWARENESS ACTI VITIES UNDER THIS SU BSECTION 4
SHALL: 5

(I) UTILIZE A STATEWIDE S YSTEM OF PROMOTION T HAT 6
ALLOWS COVERED ENTIT IES TO EASILY UNDERS TAND THAT ALL ELECTR ONIC 7
DEVICE PRODUCER RESP ONSIBILITY ORGANIZAT IONS ARE PROVIDI NG SERVICES 8
UNDER THIS SUBTITLE; AND 9

(II) OTHERWISE SATISFY THE REQUIREMENTS OF SUBSECTION 10
(A) OF THIS SECTION. 11

9–1728.3. 12

(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND IN THE 13
FORM AND MANNER PRES CRIBED BY THE DEPARTMENT, AN ELECTRONIC DEVICE 14
PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL ANNUALLY SUBMIT T O THE 15
DEPARTMENT A PLAN FOR IMPLEMENTING AN ELEC TRONIC DEVICE PRODUC ER 16
RESPONSIBILITY PROGRAM. 17

(2) MULTIPLE ELECTRONIC D EVICE PRODUCER RESPO NSIBILITY 18
ORGANIZATIONS MAY CO ORDINATE THEIR RESPECTIVE PLANS PRI OR TO 19
SUBMITTING THEIR PLANS TO THE DEPARTMENT UNDER THIS SUBSECTION. 20

(B) (1) A PLAN REQUIRED UNDER SUBSECTION (A) OF THIS SECTION 21
SHALL DESCRIBE HOW T HE ELECTRONIC DEVICE PRODUCER RESPONSIBIL ITY 22
ORGANIZATION WILL IM PLEMENT AN ELECTRO NIC DEVICE PRODUCER 23
RESPONSIBILITY PROGRAM THAT COMPLIES WITH THIS SUBTITLE, INCLUDING HOW 24
THE ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATION WILL: 25

(I) FINANCE, MANAGE, AND CONDUCT A STATEWIDE PROGRAM 26
TO COLLECT ALL MAKES AND MODELS OF COVERE D ELECTRONIC DEVICES F ROM 27
COVERED ENTITIES IN THE STATE; 28

(II) PROVIDE FOR ENVIRONME NTALLY SOUND MANAGEM ENT 29
PRACTICES TO COLLECT , TRANSPORT, AND RECYCLE , REFURBISH, OR REUSE 30
COVERED ELECTRONIC DEVICES; 31

22 SENATE BILL 655

(III) PROVIDE FOR ADVERTISI NG AND PROMOTION OF 1
COLLECTION OPPORTUNITIES THROUGHOUT THE STATE AND ON A REGULAR BASIS, 2
AS DESCRIBED IN § 9–1728.2 OF THIS SUBTITLE; 3

(IV) PROVIDE CONVENIENT AN D EQUITABLE SERVICE 4
THROUGHOUT THE STATE, THAT INCLUDES, AT A MINIMUM, CONVENIENT SERVICE 5
THROUGH A NETWORK OF COLLECTION SITES DISTRIBUTED TO ENSURE THAT 95% 6
OF THE RESIDENTS OF THE STATE ARE WITHIN 15 MILES OF A COLLECTIO N SITE 7
AVAILABLE FOR THEIR USE AS FOLLOWS: 8

1. IN EACH COUNTY THAT H AS A POPULATION OF L ESS 9
THAN 100,000 RESIDENTS, AT LEAST ONE COLLECTION SITE; 10

2. IN EACH COUNTY THAT H AS A POPULATION OF A T 11
LEAST 100,000 RESIDENTS AND LESS T HAN 200,000 RESIDENTS, AT LEAST TWO 12
COLLECTION SITES; 13

3. IN EACH COUNTY THAT H AS A POPULATION OF A T 14
LEAST 200,000 RESIDENTS, AT LEAST THREE COLLECTION SITES; 15

4. IN EACH CITY OR MUNICIPALITY WITH A POPULATION 16
OF AT LEAST 10,000 RESIDENTS BUT LESS THAN 200,000 RESIDENTS, AT LEAST ONE 17
COLLECTION SITE , PLUS ONE ADDITIONAL COLLECTION SITE FOR EVERY 18
ADDITIONAL 20,000 RESIDENTS; AND 19

5. IN EACH CITY OR MUNICIPALITY WITH A POPULATION 20
OF 200,000 RESIDENTS OR MORE , AT LEAST 10 COLLECTION SITES , PLUS ONE 21
ADDITIONAL COLLECTION SITE FOR EVERY ADDITIONAL 50,000 RESIDENTS; 22

(V) ENSURE CONTINUOUS IMPROVEMENT OF THE ELECTRONIC 23
DEVICE PRODUCER RESPONSIBILITY PROGRAM BY: 24

1. ESTABLISHING AND WORK ING TO ACHIEVE 25
MEASURABLE PROGRAM GOALS FOR: 26

A. COLLECTION, INCLUDING AMOUNT COL LECTED OR 27
USAGE RATES OF COLLECTION SERVICES; AND 28

B. MAINTAINING HIGH PUBL IC AWARENESS OF THE 29
PROGRAM; 30

2. CONSISTENTLY EVALUATI NG DEVICES DEFINED AS 31
COVERED ELECTRONIC DEVICES; AND 32
SENATE BILL 655 23

3. FOR ANY CALENDAR YEAR DURING WHICH A 1
PROGRAM GOAL WAS NOT MET, DESCRIBING, WITH SUPPORTING DATA , WHAT 2
CHANGES OR STEPS THE ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y 3
ORGANIZATION WILL UNDERTAKE THAT CAN ENSURE THE PROGRAM ACHIEVES ITS 4
GOALS IN THE FOLLOWING CALENDAR YEAR; 5

(VI) IF APPLICABLE , COORDINATE WITH ALL OTHER 6
ELECTRONIC DEVICE PR ODUCER RESPONSIBILITY ORGANIZATIONS THRO UGH AN 7
ELECTRONIC DEVICE COORDINATING BODY; AND 8

(VII) COORDINATE AC TIVITIES WITH RECYCL ING, 9
REFURBISHMENT, AND REUSE PROGRAMS , INCLUDING NONPROFIT 10
ORGANIZATIONS, THAT RECYCLE, REFURBISH, OR REUSE TECHNOLOGY IN ORDER 11
TO FURTHER THE ENVIR ONMENTALLY SOUND MAN AGEMENT PRACTICES OF 12
RECYCLING, REUSE, AND REFURBISHMENT OF ELECTRONIC DEVICES. 13

(2) (I) A PLAN UNDER SUBSECTIO N (A) OF THIS SECTION MAY 14
ALLOW A COLLECTION SITE FOR A COUNTY TO BE THE SAME AS A COLLECTION SITE 15
FOR A CITY OR MUNICI PALITY IN THE COUNTY IF THE RESIDENTS OF THE 16
APPLICABLE CITY OR M UNICIPALITY ARE ABLE TO UT ILIZE THE COUNTY 17
COLLECTION SITE. 18

(II) COLLECTION SITES SHALL BE STAFFED AND OPE N TO THE 19
PUBLIC AT A FREQUENC Y ADEQUATE TO MEET T HE NEEDS OF THE AREA BEING 20
SERVICED. 21

(III) THE DEPARTMENT MAY WAIVE THE REQUIREMENTS OF A 22
PLAN UNDER SUBSECTION (A) OF THIS SECTION WITH RE SPECT TO COUNTY , CITY, 23
OR MUNICIPAL COLLECTION SITES IF THE PROPOSED PLAN DEMONSTRATES TO THE 24
SATISFACTION OF THE DEPARTMENT THAT ALTER NATIVE SERVICES OR 25
COLLECTION SITES WOU LD PROVIDE SUBSTANTI ALLY EQUIVALENT COLL ECTION 26
CONVENIENCE. 27

(C) IN ADDITION TO THE INFORMATION REQUIRED UNDER SUBSECTION (B) 28
OF THIS SECTION, AN ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM 29
PLAN SHALL INCLUDE: 30

(1) A LIST OF ALL PROCESSO RS THAT WILL BE USED BY THE 31
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM; 32

(2) THE CONTACT INFORMATI ON FOR THE ELECTRONI C DEVICE 33
PRODUCER RESPONSIBILITY ORGANIZATION; 34
24 SENATE BILL 655

(3) A LIST OF ALL ELECTRON IC DEVICE MANUFACTUR ERS 1
PARTICIPATING IN THE ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y 2
PROGRAM; 3

(4) A LIST OF ALL BRANDS O F COVERED ELECTRONIC DEVICES 4
MANUFACTURED, SOLD, OR IMPORTED BY EACH PARTICIPATING ELECTR ONIC 5
DEVICE MANUFACTURER, INCLUDING: 6

(I) BRANDS BEING OFFERED FOR SALE IN THE STATE BY EACH 7
ELECTRONIC DEVICE MANUFACTURER; AND 8

(II) BRANDS THAT WERE OFFERED FOR SALE IN THE STATE BY 9
EACH ELECTRONIC DEVI CE MANUFACTURER DURI NG THE IMMEDIATELY 10
PRECEDING CALENDAR YEAR; 11

(5) A LIST OF EACH COUNTY , CITY, OR MUNICIPALITY THAT HAS 12
ELECTED TO PARTICIPA TE IN THE ELECTRONIC DEVICE PRODUCER 13
RESPONSIBILITY PROGRAM DURING THE PROGRAM YEAR; AND 14

(6) FOR EACH COUNTY , CITY, OR MUNICIPALITY, THE LOCATION OF 15
EACH PROGRAM COLLECTION SITE. 16

(D) AN ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATION 17
SHALL: 18

(1) EXCEPT FOR AN ALLOWAB LE CHARGE FOR PREMIU M SERVICES, 19
PROVIDE F OR COLLECTION , TRANSPORTATION, REUSE, REFURBISHMENT, AND 20
RECYCLING OF COVERED ELECTRONIC DEVICES F OR COVERED ENTITIES FREE OF 21
CHARGE; 22

(2) IMPLEMENT THE PLAN REQUIRED UNDER THIS SECTION; 23

(3) PROVIDE FAIR FINANCIAL COMPENSATION TO COLLECTION SITES 24
CALCULATED TO COVER THE COSTS OF COLLECTING , STORING, MANAGING, AND 25
TRANSPORTING COVERED ELECTRONIC DEVICES; 26

(4) ENTER INTO AGREEMENTS WITH ALL WILLING PUB LIC SECTOR 27
AGENCIES AND COLLECT ION ENTITIES TO COVE R THE COSTS OF COVER ED 28
ELECTRONIC DEVICE RECYCLING AGREEMENTS; 29

(5) IN THE FORM AND MANNE R PRESCRIBED BY THE DEPARTMENT, 30
PROVIDE AN ANNUAL REPORT TO THE DEPARTMENT THAT: 31
SENATE BILL 655 25

(I) INCLUDES THE TOTAL WE IGHT OF COVERED ELEC TRONIC 1
DEVICES, INCLUDING PERIPHERALS, COLLECTED FROM COVERED ENTITIES IN THE 2
STATE IN THE ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM DURING 3
THE IMMEDIATELY PRECEDING CALENDAR YEAR, DISAGGREGATED BY: 4

1. TYPE OF COVERED ELECTRONIC DEVICE; 5

2. COLLECTION SITE OR GROUP OF COLLECTION SITES; 6
AND 7

3. METHOD OF COLLECTION , INCLUDING COLLECTION 8
BY PREMIUM SERVICES; 9

(II) INCLUDES A LIST OF AL L COLLECTION SITES A ND 10
PROCESSORS USED BY T HE ELECTRONIC DEVICE PRODUCER RESPONSIBIL ITY 11
PROGRAM; 12

(III) INCLUDES THE RESULTS OF ANY APPROVED ALTE RNATIVE 13
METHODS OF SERVICE I N ADEQUATELY MEETING THE NEE DS OF THE APPLICABLE 14
JURISDICTION, INCLUDING THE DATE O R TIME FRAME OF EACH ALTERNATIVE 15
SERVICE EVENT OR PROGRAM AND THE TOTAL WEIGHT OF EACH TYPE OF COVERED 16
ELECTRONIC DEVICE , INCLUDING PERIPHERAL S, COLLECTED AT EACH 17
ALTERNATIVE SERVICE EVENT OR PROGRAM; AND 18

(IV) DETAILS HOW THE PLAN REQUIRED UNDER THIS SECTION 19
WAS IMPLEMENTED DURING THE IMMEDIATELY PRECEDING YEAR, INCLUDING: 20

1. A DESCRIPTION OF HOW T HE ELECTRONIC DEVICE 21
PRODUCER RESPONSIBIL ITY ORGANIZATION COM PLIED WITH THE EL ECTRONIC 22
DEVICE PRODUCER RESPONSIBILITY PROGRAM PLAN, INCLUDING WHETHER GOALS 23
WERE MET, A SUMMARY OF PUBLIC AWARENESS ACTIVITIES, AND COPIES OF PUBLIC 24
AWARENESS MATERIALS DEVELOPED BY THE ELE CTRONIC DEVICE PRODU CER 25
RESPONSIBILITY ORGANIZATION; 26

2. A SUMMARY OF ANY SAFETY OR SECURITY PROBLEMS 27
THAT OCCURRED DURING THE COLLECTION , TRANSPORTATION, OR REUSE , 28
REFURBISHMENT, RECYCLING, OR DISPOSAL OF COVER ED ELECTRONIC DEVICE S 29
AND THE ACTUAL OR POTENTIAL FUTURE RESOLUTIONS OF THOSE PROBLEMS; AND 30

3. AN AT TESTATION THAT ALL C OVERED ELECTRONIC 31
DEVICES COLLECTED UNDER THE ELECTRONIC DEVICE PRODUCER RESPONSIBILITY 32
PROGRAM WERE COLLECT ED AND PROCESSED IN COMPLIANCE WITH ALL 33
26 SENATE BILL 655

APPLICABLE LAWS , RULES, AND REGULATIONS AND IN ACCORDANCE WITH 1
ENVIRONMENTALLY SOUND MANAGEMENT STANDARDS; 2

(6) RETAIN ALL RECORDS RE LATED TO THE IMPLEME NTATION AND 3
ADMINISTRATION OF TH E ELECTRONIC DEVICE PRODUCER RESPONSIBIL ITY 4
PROGRAM FOR AT LEAST 3 YEARS AFTER THE DATE THE RECORD WAS CREATED AND 5
MAKE THE RECORDS AVAILABLE FOR INSPECTION AND AUDIT BY THE DEPARTMENT 6
ON REQUEST; 7

(7) ON REQUEST FROM THE DEPARTMENT, PROVIDE THE CONTACT 8
INFORMATION AND A PO INT OF CONTACT FOR E ACH ELECTRONIC DEVIC E 9
MANUFACTURER PARTICI PATING IN THE ELECTR ONIC DEVICE PRODUCER 10
RESPONSIBILITY PROGRAM; AND 11

(8) ALLOW A COLLECTION SI TE TO RECOVER COLLEC TED COVERED 12
ELECTRONIC DEVICES FOR REFURBISHMENT AND RESALE AT RETAIL. 13

(E) AN ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATION 14
MAY REQUIRE A COLLEC TION SITE TO EXCLUDE THE WEIGHT OF COVERE D 15
ELECTRONIC DEVICES RECOVERED FOR REF URBISHMENT OR RESALE FROM THE 16
TOTAL WEIGHT OF COVE RED ELECTRONIC DEVIC ES COLLECTED BY THE 17
COLLECTION SITE FOR THE PURPOSES OF ANNUAL REPORTING AND DETERMINING 18
COMPENSATION FOR THE COLLECTION AND MANAG EMENT OF COVERED 19
ELECTRONIC DEVICES, UNLESS: 20

(1) THE COLLECTION SITE I S A NONPROFIT ORGANI ZATION THAT 21
REFURBISHES TECHNOLO GIES FOR RESALE AND RECOVERS THE COLLECT ED 22
COVERED ELECTRONIC DEVICE FOR RESALE AT RETAIL; OR 23

(2) THE COLLECTION SITE R ECOVERS THE COLLECTE D COVERED 24
ELECTRONIC DEVI CE FOR DONATION TO A N ORGANIZATION THAT REFURBISHES 25
TECHNOLOGIES FOR RESALE AT RETAIL. 26

(F) (1) PRIOR TO REMOVING A COLLECTION SITE FROM AN ELECTRONIC 27
DEVICE PRODUCER RESP ONSIBILITY PROGRAM , AN ELECTRONIC DEVICE 28
PRODUCER RESPONSIBIL ITY ORGANIZATION SHA LL WORK WITH OTHER 29
ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y ORGANIZATIONS OR T HE 30
ELECTRONIC DEVICE CO ORDINATING BODY , IF APPLICABLE , TO DETERMINE 31
WHETHER THE COLLECTION SITE CAN BE ADDED TO ANOTHER ELECTRONIC DEVICE 32
PRODUCER RESPONSIBILITY PROGRAM. 33

(2) (I) IF THE COLLECTION SITE CANNOT BE ADDED TO ANOTHER 34
ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y PROGRAM , THE ELECTRONIC 35
SENATE BILL 655 27

DEVICE PRODUCER RESP ONSIBILITY ORGANIZAT ION SHALL , AT LEAST 90 DAYS 1
BEFORE THE DATE OF REMOVAL: 2

1. PROVIDE NOTICE TO COVERED ENTITIES BY POSTING 3
NOTICE OF THE REMOVAL ON THE PROGRAM WEBSITE; AND 4

2. PROVIDE WRITTEN NOTIC E TO THE DEPARTMENT 5
AND ALL OTHER COLLECTION SITES IN THE WASTESHED. 6

(II) IF THE ELECTRONIC DEV ICE PRODUCER RESPONS IBILITY 7
ORGANIZATION DOES NO T PROVIDE THE NO TICE REQUIRED UNDER THIS 8
PARAGRAPH, AND UNLESS THE ELECT RONIC DEVICE PRODUCE R RESPONSIBILITY 9
ORGANIZATION DEMONSTRATES GOOD CAUSE FOR BEING UNABLE TO PROVIDE THE 10
NOTICE, THE DEPARTMENT MAY REQUIR E THE ELECTRONIC DEV ICE PRODUCER 11
RESPONSIBILITY ORGANIZATION TO RETAIN A COLLECTION SITE. 12

(G) EACH ELECTRONIC DEVIC E PRODUCER RESPONSIB ILITY 13
ORGANIZATION SHALL WORK WITH THE ELECTRONIC DEVICE COORDINATING BODY 14
AND WITH ALL OTHER E LECTRONIC DEVICE PRO DUCER RESPONSIBILITY 15
ORGANIZATIONS TO ENS URE THE RECONCILIATI ON O F FINANCIAL OBLIGATI ONS 16
UNDER § 9–1728.4 OF THIS SUBTITLE. 17

(H) AN ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATION 18
OR AN ELECTRONIC DEV ICE COORDINATING BOD Y MAY , AFTER NOTICE TO THE 19
ELECTRONIC DEVICE MA NUFACTURER, REFER THE ELECTRONIC DEVICE 20
MANUFACTURER TO THE DEPARTMENT FOR POTENT IAL VIOLATIONS OF TH E 21
REQUIREMENTS OF THIS SECTION. 22

9–1728.4. 23

(A) (1) IF THE DEPARTMENT DETERMINES THAT A REPORT SUBMIT TED 24
UNDER § 9–1728.3 OF THIS SUBTITLE SAT ISFIES THE REQUIREME NTS OF THIS 25
SECTION, THE DEPARTMENT SHALL APPROVE THE REPORT. 26

(2) IF THE DEPARTMENT DOES NOT A PPROVE A REPORT IN 27
ACCORDANCE WITH THIS SUBSECTION, THE DEPARTMENT SHALL PROV IDE THE 28
ELECTRONIC DEVICE PR ODUCER RESPONSIBILITY ORGANIZATION WITH WRITTEN 29
NOTICE OF REVISIONS NECESSARY FOR APPROV AL A ND THE TIMELINE TO 30
RESUBMIT. 31

(B) (1) THE DEPARTMENT SHALL APPR OVE AN ELECTRONIC DE VICE 32
PRODUCER RESPONSIBIL ITY PROGRAM PLAN IF THE DEPARTMENT DETERMINES 33
THAT THE PLAN SATISFIES THE REQUIREMENTS OF § 9–1728.3 OF THIS SUBTITLE. 34
28 SENATE BILL 655

(2) WITHIN 60 DAYS AFTER THE DATE ON WHICH TH E DEPARTMENT 1
RECEIVES AN ELECTRON IC DEVICE PRODUCER R ESPONSIBILITY PROGRAM PLAN , 2
THE DEPARTMENT SHALL EITHER APPROVE THE PLAN , APPROVE THE PLAN WIT H 3
CONDITIONS, OR DENY THE PLAN. 4

(3) (I) IF THE DEPARTMENT DENIES THE PLAN, THE DEPARTMENT 5
SHALL PROVIDE THE RE ASON OR REASONS FOR THE DENIAL AND REQUE ST THAT 6
THE ELECTRONIC DEVIC E PRODUCER RESPONSIB ILITY ORGANIZATION S UBMIT A 7
REVISED PLAN TO THE DEPARTMENT WITHIN 45 DAYS AFTER THE DATE THAT THE 8
DEPARTMENT DENIES THE PLAN. 9

(II) WITHIN 45 DAYS AFTER RECEIVING A REVISED PLAN UNDER 10
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL EITH ER 11
APPROVE THE REVISED PLAN, APPROVE THE REVISED PLAN WITH CONDITIONS, OR 12
DENY THE REVISED PLAN. 13

(III) IF THE DEPARTMENT DENIES A R EVISED PLAN , THE 14
DEPARTMENT MAY: 15

1. REQUIRE THAT THE ELECTRONIC DEVICE PRODUCER 16
RESPONSIBILITY ORGANIZATION FURTHER REVISE THE PLAN IN ACCORDANCE WITH 17
A TIMELINE DETERMINED BY THE DEPARTMENT; 18

2. DIRECT SPECIFIC CHANG ES TO THE REVISED PL AN; 19
OR 20

3. DIRECT THE E LECTRONIC DEVICE MAN UFACTURER 21
OR MANUFACTURERS ON WHOSE BEHALF THE REV ISED PLAN WAS SUBMIT TED TO 22
REGISTER WITH AN ELE CTRONIC DEVICE PRODU CER RESPONSIBILITY 23
ORGANIZATION WITH AN APPROVED PLAN. 24

(IV) IF THE DEPARTMENT DIRECTS SP ECIFIC CHANGES TO A 25
REVISED PLAN UNDER SUBPARAGR APH (III)2 OF THIS PARAGRAPH , THE 26
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATION SHALL: 27

1. IMPLEMENT THE SPECIFIC CHANGES; OR 28

2. REQUEST A HEARING. 29

(C) (1) IF THE DEPARTMENT APPROVES M ORE THAN ONE ELECTRO NIC 30
DEVICE PRODUCER RESPONSIBILITY PROGRAM , THE DEPARTMENT SHALL SET A 31
SENATE BILL 655 29

TIMELINE FOR ALL ELE CTRONIC DEVICE PRODU CER RESPONSIBILITY 1
ORGANIZATIONS TO DESIGNATE AN ELECTRONIC DEVICE COORDINATING BODY. 2

(2) IF ALL APPLICABLE ELE CTRONIC DEVICE PRODU CER 3
RESPONSIBILITY ORG ANIZATIONS ARE UNABL E TO DESIGNATE AN EL ECTRONIC 4
DEVICE COORDINATING BODY IN ACCORDANCE W ITH THE TIMELINE SET BY THE 5
DEPARTMENT, THE DEPARTMENT MAY EITHER: 6

(I) DESIGNATE AN ELECTRONIC DEVICE COORDINATING BODY; 7
OR 8

(II) EXTEND THE TIMELINE F OR ALL EL ECTRONIC DEVICE 9
PRODUCER RESPONSIBIL ITY ORGANIZATIONS TO DESIGNATE AN ELECTRO NIC 10
DEVICE COORDINATING BODY. 11

(3) THE DEPARTMENT MAY REQUIR E CHANGES TO AN APPR OVED 12
PLAN UNDER THIS SECTION TO ENSURE THAT ALL APPROVED PLANS PROVIDE FOR 13
A CONSISTENT MEANS OF ENABLING COORDINATION BETWEEN ELECTRONIC DEVICE 14
PRODUCER RESPONSIBILITY ORGANIZATIONS. 15

(4) THE ELECTRONIC DEVICE COORDINATING BODY , OR AN 16
ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y ORGANIZATION IF AN 17
ELECTRONIC DEVICE CO ORDINATING BODY IS N OT DESIGNATED UNDER THIS 18
SECTION, SHALL ANNUALLY CALCU LATE EACH ELECTRONIC DEVICE 19
MANUFACTURER OBLIGATION BY: 20

(I) MULTIPLYING THE ELECTRONIC DEVICE MANUFACTURER’S 21
MARKET SHARE FOR EAC H ELECTRONIC DEVICE PRODUCT CATEGORY BY THE 22
PRODUCT CATEGORY ’S PERCENTAGE OF THE TOTAL WEIGHT OF ALL CO VERED 23
ELECTRONIC DEVICES R ECYCLED DURING THE I MMEDIATELY PRECEDING 24
CALENDAR YEAR; AND 25

(II) ADDING THE PERCENTAGE S CALCULATED UNDER I TEM (I) 26
OF THIS PARAGRAPH. 27

(5) THE ELECTRONIC DEVICE COORDINATING BODY SHALL: 28

(I) ANNUALLY RECONCILE THE FINANC IAL OBLIGATIONS 29
BETWEEN ALL ELECTRONIC DEVICE PRODUCER R ESPONSIBILITY ORGANIZATIONS; 30
AND 31

(II) CONDUCT ANY OTHER COO RDINATION BETWEEN 32
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY ORGANIZATIONS. 33
30 SENATE BILL 655

(D) (1) (I) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION AN 1
ANNUAL REPORT AND RE GISTRATION AND REVIE W FEES , REASONABLY 2
CALCULATED TO COVER THE COSTS TO THE DEPARTMENT OF IMPLEME NTING, 3
ADMINISTERING, AND ENFORCING THE PROVISIONS OF THIS SECTION. 4

(II) BEGINNING MARCH 1, 2029, AND EACH MARCH 1 5
THEREAFTER, EACH ELECTRONIC DEVI CE PRODUCER RESPONSI BILITY 6
ORGANIZATION SHALL S UBMIT THE ANNUAL REPORT AND RE GISTRATION AND 7
REVIEW FEES TO THE DEPARTMENT. 8

(2) (I) ON OR BEFORE MARCH 1, 2029, THE DEPARTMENT SHALL 9
ESTABLISH BY REGULAT ION A ONE –TIME PLAN R EVIEW FEE , REASONABLY 10
CALCULATED TO COVER THE COSTS TO THE DEPARTMENT OF REVIEWI NG AN 11
INITIAL ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM PLAN. 12

(II) THE DEPARTMENT MAY NOT AP PROVE AN INITIAL 13
ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y PROGRAM PLAN IF THE 14
ELECTRONIC DEVICE PR ODUCER RESPONSIBILITY ORGANIZATION HAS N OT PAID 15
THE ONE–TIME PLAN REVIEW FEE. 16

(E) THE DEPARTMENT SHALL MAINTAIN AND MAKE PUBLICLY AVAILABLE: 17

(1) A LIST OF REGISTERED E LECTRONIC DEVICE MAN UFACTURERS 18
AND THEIR BRANDS; 19

(2) A LIST OF BRANDS FOR W HICH NO ELECTRONIC D EVICE 20
MANUFACTURER HAS REGISTERED; 21

(3) A LIST THAT IDENTIFIES WHICH ELECTRONIC DEV ICE 22
MANUFACTURERS ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS SUBTITLE; 23

(4) ELECTRONIC DEVICE PRO DUCER RESPONSIBILITY PROGRAM 24
PLANS OR REVISED PLA NS SUBMITTED TO THE DEPARTMENT UNDER THIS 25
SUBTITLE; AND 26

(5) REPORTS SUBMITTED TO THE DEPARTMENT UNDER THIS 27
SUBTITLE. 28

(F) (1) FOR EACH PROGRAM YEAR , THE DEPARTMENT SHALL 29
DETERMINE EACH ELECT RONIC DEVICE MANUFAC TURER’S MARKET SHARE FOR 30
EACH ELECTRONIC DEVICE PRODUCT CATEGORY. 31

SENATE BILL 655 31

(2) THE DEPARTMENT MAY: 1

(I) USE NATIONAL MARKET D ATA PRORATED FOR THE STATE, 2
RETAIL OR MANUFACTURER DATA, CONSUMER RESEARCH, OR ANY DATA FROM THE 3
IMMEDIATELY PRECEDIN G CALENDAR YEAR , AS DETERMINED BY THE 4
DEPARTMENT, TO DETERMINE THE MARKET SHARE UNDER THIS SUBSECTION; AND 5

(II) REQUIRE AN ELECTRONIC DEVICE MANUFACTURER TO 6
SUBMIT SALES OR OTHER DATA REGARDING THE NUMBER AND WEIGHT OF COVERED 7
ELECTRONIC DEVICES S OLD IN THE STATE BY THE ELECTRON IC DEVICE 8
MANUFACTURER. 9

(3) FOR EACH CALENDAR YEAR, THE DEPARTMENT SHALL: 10

(I) PROVIDE EACH ELECTRON IC DEVICE MANUFACTUR ER’S 11
MARKET SHARE TO THE ELECTRONIC DEVICE MA NUFACTURER’S ELECTRONIC 12
DEVICE PRODUCER RESP ONSIBILITY ORGANIZAT ION OR TO THE APPLIC ABLE 13
ELECTRONIC DEVICE COORDINATING BODY; AND 14

(II) MAINTAIN ON THE DEPARTMENT’S WEBSITE , IN A 15
PRINTABLE FORMAT , INFORMATION ON COLLE CTION OPPORTUNITIES FOR 16
COVERED ELECTRONIC D EVICES, INCLUDING COLLECTION SITE LOCATIONS AND 17
HOURS. 18

9–1728.5. 19

(A) IN THIS SECTION , “PROGRAM” MEANS THE ELECTRONIC DEVICE 20
PRODUCER RESPONSIBILITY PROGRAM. 21

(B) (1) THERE IS AN ELECTRONI C DEVICE PRODUCER RE SPONSIBILITY 22
PROGRAM IN THE DEPARTMENT. 23

(2) THE DEPARTMENT SHALL ADMINISTER THE PROGRAM. 24

(C) THE PURPOSE OF THE PR OGRAM IS TO FA CILITATE THE COLLECT ION 25
AND RECYCLING, REFURBISHING, OR REUSE OF COVERED ELECTRONIC DEVICES IN 26
THE STATE. 27

(D) THE PROGRAM SHALL BE FUNDED BY THE ELECTR ONIC DEVICE 28
PRODUCER RESPONSIBILITY PROGRAM PLAN AND ANNUAL REPORT REGISTRATION 29
AND REVIEW FEE ACCOU NT ESTABLISHED WITHIN T HE STATE RECYCLING TRUST 30
FUND UNDER § 9–1707(F)(8) OF THIS SUBTITLE. 31

32 SENATE BILL 655

(E) THE DEPARTMENT, IN CONSULTATION WITH THE ELECTRONIC DEVICE 1
PRODUCER RESPONSIBILITY PROGRAM ADVISORY COUNCIL ESTABLISHED UNDER § 2
9–1728.6 OF THIS SUBTITLE, MAY BY REGULATION: 3

(1) DETERMINE REASONABLE RECYCLING FEES; AND 4

(2) AMEND OR EXPAND: 5

(I) THE DEFINITION OF “COVERED ELECTRONIC D EVICE” AS 6
DEFINED IN § 9–1701 OF THIS SUBTITLE; AND 7

(II) THE DEFINITION OF “WHITE GOODS ” AS DEFINED IN § 8
9–1701 OF THIS SUBTITLE. 9

9–1728.6. 10

(A) THERE IS AN ELECTRONI C DEVICE PRODUCER RE SPONSIBILITY 11
ADVISORY COUNCIL. 12

(B) THE PURPOSE OF THE AD VISORY COUNCIL IS TO ADVISE THE 13
DEPARTMENT ON THE ENF ORCEMENT, REGULATION, IMPLEMENTATION, AND 14
ADMINISTRATION OF TH E ELECTRONIC DEVICE PRODUCER RESP ONSIBILITY 15
PROGRAM ESTABLISHED UNDER § 9–1728.5 OF THIS SUBTITLE. 16

(C) THE ADVISORY COUNCIL CONSISTS OF THE FOLLOWING MEMBERS: 17

(1) ONE MEMBER OF THE SENATE OF MARYLAND, OR THE MEMBER’S 18
DESIGNEE, APPOINTED BY THE PRESIDENT OF THE SENATE; 19

(2) ONE MEMBER OF THE HOUSE OF DELEGATES, OR THE MEMBER’S 20
DESIGNEE, APPOINTED BY THE SPEAKER OF THE HOUSE; 21

(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; AND 22

(4) THE FOLLOWING MEMBERS, APPOINTED BY THE SECRETARY: 23

(I) AT LEAST TWO REPRESENTATIVES OF T HE MARYLAND 24
ASSOCIATION OF COUNTIES, INCLUDING: 25

1. ONE REPRESENTING A RURAL COUNTY; AND 26

2. ONE REPRESENTING A SU BURBAN OR AN URBAN 27
COUNTY; 28
SENATE BILL 655 33

(II) ONE REPRESENTATIVE OF THE MARYLAND MUNICIPAL 1
LEAGUE; 2

(III) AT LEAST ONE RE PRESENTATIVE OF ELEC TRONIC DEVICE 3
RECYCLERS IN THE STATE; 4

(IV) AT LEAST ONE REPRESEN TATIVE OF ELECTRONIC DEVICE 5
MANUFACTURERS IN THE STATE; 6

(V) AT LEAST ONE REPRESEN TATIVE OF ELECTRONIC DEVICE 7
RETAILERS IN THE STATE; 8

(VI) ONE REPRESENTATIVE OF THE MARYLAND 9
ENVIRONMENTAL SERVICE; 10

(VII) ONE REPRESENTATIVE OF THE NORTHEAST MARYLAND 11
WASTE DISPOSAL AUTHORITY; 12

(VIII) ONE REPRESENTATIVE OF A NONPROFIT ENVIRONMENTAL 13
ADVOCACY ORGANIZATIO N THAT HAS EXPERIENC E WITH EXTENDED PROD UCER 14
RESPONSIBILITY LAWS; 15

(IX) ONE REPRESENTATIVE OF THE MARYLAND RECYCLING 16
NETWORK; AND 17

(X) ANY OTHER MEMBER AS DETERMINED BY THE SECRETARY. 18

(D) FROM AMONG THE ADVISO RY COUNCIL MEMBERS , THE SECRETARY 19
SHALL DESIGNATE TWO MEMBERS TO SERVE AS COCHAIRS OF THE ADVI SORY 20
COUNCIL. 21

(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE AD VISORY 22
COUNCIL. 23

(F) A MEMBER OF THE ADVISORY COUNCIL: 24

(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 25
ADVISORY COUNCIL; BUT 26

(2) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES: 27

34 SENATE BILL 655

(I) UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS 1
PROVIDED IN THE STATE BUDGET; AND 2

(II) FROM THE ELECTRONIC D EVICE PRODUCER 3
RESPONSIBILITY PROGRAM PLAN AND ANNUAL REPORT REGISTRATION AND REVIEW 4
FEE ACCOUNT IN THE STATE RECYCLING TRUST FUND. 5

(G) THE ADVISOR Y COUNCIL SHALL MEET AT THE REQUEST OF TH E 6
SECRETARY. 7

(H) THE ADVISORY COUNCIL SHALL: 8

(1) REVIEW AND COMMENT ON DRAFT AND FINAL REGU LATIONS 9
RELEVANT TO THE IMPL EMENTATION AND ADMIN ISTRATION OF THE ELE CTRONIC 10
DEVICE PRODUCER RESPONSIBILITY PROGRAM; AND 11

(2) STUDY AND MAKE RECOMMENDATIONS REGARDING: 12

(I) CHANGES TO THE DEFINI TION OF “COVERED ELECTRONIC 13
DEVICE” AS DEFINED IN § 9–1701 OF THIS SUBTITLE; 14

(II) ELECTRONIC DEVICE MAN UFACTURER AND ELECTR ONIC 15
DEVICE PRODUCER RESP ONSIBILITY PROGRAM P LANS AND ANNUAL REPORTS , 16
REGISTRATIONS, AND REVIEW FEES COLLECTED EACH YEAR; 17

(III) IF DETERMINED NECESSA RY BY THE DEPARTMENT, 18
REASONABLE MINIMUMS OR CAPS ON: 19

1. FAIR FINANCIAL COMPEN SATION TO RECYCLERS , 20
CALCULATED TO COVER THE COSTS OF COLLECT ION, RECYCLING, REUSE, OR 21
REFURBISHMENT OF COVERED ELECTRONIC DEVICES; AND 22

2. FAIR FINANCIAL COMPEN SATION TO ELECTRONIC 23
DEVICE COLLECTORS , CALCULATED TO COVER THE COSTS OF COLLECT ION, 24
STORING, MANAGING, AND TRANSPORTING COV ERED ELECTRONIC DEVI CES, 25
INCLUDING STAFFING, STORAGE AND EQUIPMENT, AND APPROPRIATE CONTAINERS 26
FOR DAMAGED, DEFECTIVE, AND RECALLED COVERED ELECTRONIC DEVICES; 27

(IV) STANDARDS AND COMMON INDUSTRY CERTIFICATIONS TO 28
BE USED BY THE DEPARTMENT IN DEVELOP ING AND APPROVING AP PLICATION 29
MATERIALS AND PROCED URES FOR ELECTRONIC DEVICE COLLECTORS , 30
RECYCLERS, AND PROCESSORS IN ACCORDANCE WITH § 9–1728.4 OF THIS SUBTITLE; 31

SENATE BILL 655 35

(V) THE CONVENIENCE AND AVAILABILITY OF DROP–OFF SITES 1
FOR ELECTRONIC DEVIC ES IN THE STATE, INCLUDING AN EVALUAT ION OF THE 2
FEASIBILITY AND COSTS OF INCREASING PUBLIC ACCESS TO ADDITIONAL DROP–OFF 3
SITES, MAILBACK PROGRAMS , AND PREMIUM SERVICES FOR PURPOSES OF 4
DEVELOPING ADOPTION AND CONVENIENCE TARGETS FOR EACH METHOD; 5

(VI) THE REUSE , REFURBISHMENT, AND RECYCLABILITY OF 6
COVERED ELECTRONIC DEVICES AND OTHER DEV ICES UNDER CONSIDERATION TO 7
BE DEFINED AS COVERED ELECTRONIC DEVICES; 8

(VII) THE NEED FOR APPLICAB LE ELECTRONIC DEVICE 9
PRODUCER RESPONSIBIL ITY ORGANIZATIONS TO PROVIDE FAIR FINANCI AL 10
COMPENSATION TO ELEC TRONIC DE VICE COLLECTORS , CALCULATED TO COVER 11
THE COSTS OF HEAT , SMOKE, GAS, AND FIRE DETECTION , SUPPRESSION, AND 12
EXTINGUISHING SYSTEMS FOR COLLECTION SIT ES AND SOLID WASTE C OLLECTION 13
VEHICLES OR OTHER INFRASTRUCTURE; 14

(VIII) THE NEED FOR ELECTRON IC DEVICE PRODU CER 15
RESPONSIBILITY ORGANIZATIONS TO PROVIDE FAIR FINANCIAL COMPENSATION TO 16
ELECTRONIC DEVICE COLLECTORS, CALCULATED TO COVER THE COSTS OF AND, IF 17
APPLICABLE, FINANCIAL COMPENSATI ON FOR REQUIRED INFR ASTRUCTURE AND 18
PREMIUM SERVICE OF COVERED ELECTRONIC DEVICES; 19

(IX) FAIR FINANCIAL COMPEN SATION TO THE DEPARTMENT, 20
AND ELECTRONIC DEVIC E COLLECTORS FOR ELE CTRONIC DEVICE RECYC LING 21
EDUCATIONAL MATERIAL S AND CAMPAIGNS , INCLUDING ONLINE , TELEVISION, 22
RADIO, BILLBOARD, PUBLIC TRANSIT OR OT HER ADVERTISEMENTS, AUTOMOTIVE 23
WRAPS OR DECALS , MAILERS, EDUCATIONAL MATERIALS AND SIGNAGE AT SOL ID 24
WASTE COLLECTION SITES, PUBLIC EVENTS, OR RETAIL ESTABLISHMENTS; 25

(X) THE NEED FOR A DISPOSAL OR LANDFILL BAN ON COVERED 26
ELECTRONIC DEVICES; AND 27

(XI) ANY OTHER RELATED TOP ICS AS REQUESTED BY THE 28
DEPARTMENT. 29

(I) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 30
BEFORE DECEMBER 1, 2028, AND EACH DECEMBER 1 THEREAFTER, THE ADVISORY 31
COUNCIL SHALL REPORT THE FINDINGS AND RECOMMENDATIONS OF THE ADVISORY 32
COUNCIL TO THE DEPARTMENT. 33

(2) (I) RECOMMENDATIONS SUBMITTED UNDER THIS SUBSECTION 34
MAY NOT BE REQUIRED TO BE CONSENSUS RECOMMENDATIONS. 35
36 SENATE BILL 655

(II) IF MULTIPLE RECOMMENDATIONS ARE SUBMITTED UNDER 1
THIS SUBSECTION , EACH RECOMMENDATION SHALL INDICATE EACH MEMBER IN 2
FAVOR OF THE RECOMMENDATION. 3

9–1729. 4

(A) The Department may adopt regulations necessary to implement AND 5
ADMINISTER the provisions of this subtitle [, including the required components of a 6
covered electronic device takeback program]. 7

(B) REGULATIONS ADOPTED T O IMPLEMENT AND ADMINI STER THE 8
ELECTRONIC DEVICE PRODUCER RESPONSIBILITY PROGRAM IN ACCORDANCE WITH 9
THIS SUBTITLE MAY: 10

(1) ESTABLISH APPLICATION MATERIALS AND PROCED URES FOR 11
ELECTRONIC DEVICE COLLECTORS, RECYCLERS, AND PROCESSORS; 12

(2) INCORPORATE RECOM MENDATIONS SUBMITTED BY THE 13
ELECTRONIC DEVICE PR ODUCER RESPONSIBILIT Y ADVISORY COUNCIL I NTO 14
REASONABLE CHANGES TO THE ELECTRONIC DEV ICE PRODUCER RESPONS IBILITY 15
PROGRAM; AND 16

(3) INCLUDE: 17

(I) STANDARDS, SUCH AS COMMON INDUS TRY 18
CERTIFICATIONS, FOR ENVIRONMENTALLY SOUND MA NAGEMENT PRACTICES F OR 19
RECYCLERS AND PROCESSORS; AND 20

(II) STANDARDS FOR PARTICIPATING COLLECTION SITES. 21

9–1730. 22

(a) The provisions and penalties of § 9 –342 of this title shall be used and shall 23
apply to enforce violations of this part. 24

(b) (1) In addition to any other penalty provided by law, the Department may 25
assess against any ELECTRONIC DEVICE retailer that violates [§ 9–1728.1(b)] § 9–1728.1 26
of this [part] SUBTITLE a fine up to $1,000 for each violation, but not exceeding $10,000 27
total. 28

(2) A fine under paragraph (1) of this subsection may be assessed only after 29
the ELECTRONIC DEVICE retailer that committed the violation has been issued three 30
warnings regarding the violation. 31
SENATE BILL 655 37

(3) Each day on which a violation occurs or continues is a separate violation 1
under this subsection. 2

SECTION 2. AND BE IT FURTHER ENACTED, That: 3

(a) On or before December 1, 2026, the Department of the Environment shall 4
notify manufacturers of covered electronic devices of the electronic device producer 5
responsibility program as enacted by Section 1 of this Act. 6

(b) The Department of the Environment shall: 7

(1) evaluate any federal law that establishes a national program for the 8
collection and recycling, reuse, and refurbishment of electronic devices; and 9

(2) if the Department determines that the federal law evaluated under 10
item (1) of this subsection substantially meets or exceeds the requirements and intent of 11
the electronic device producer responsibility program as enacted by Section 1 of this Act, 12
report to the General Assembly, in accordance with § 2 –1257 of the State Government 13
Article, on the substance of the law in relation to the electronic device producer 14
responsibility program. 15

SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 16
Assembly that: 17

(1) electronic device producer responsibility organizations providing 18
covered entities with program services for covered electronic devices, incl uding the use of 19
environmentally sound management practices to collect, transport, and recycle, reuse, or 20
refurbish covered electronic devices, is in the best interests of the public; 21

(2) electronic device manufacturers that participate in an electronic device 22
producer responsibility program as enacted by Section 1 of this Act shall be exempt from 23
State antitrust laws; and 24

(3) information protected by trademark or patent received by the 25
Department of the Environment from an electronic device manufactu rer or an electronic 26
device producer responsibility organization as part of an electronic device producer 27
responsibility program as enacted by Section 1 of this Act constitutes a trade secret and 28
confidential commercial information. 29

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31