SB 222 Revision Approval
Following several revisions, Maryland Governor Wes Moore has granted his approval for a new version of Senate Bill 222. This updated iteration includes several modifications which have resulted in various clauses being excluded from its original length of 39 pages.
The legislation, known as SB 222, would impose a range of duties upon producers in relation to the sale and distribution of packaged consumables. This bill also clarifies the potential penalties connected to an extended producer responsibility (EPR) system.
Updates to the Bill
A plethora of changes were made to update and redefine aspects of the EPR bill, such as its title. Previously known as the Reducing Packaging Materials—Producer Responsibility, it is now referred to as the Statewide Recycling Needs Assessment and Producer Responsibility for Packaging Materials Act. Additionally, introductory paragraphs saw extensive updates.
In a document spanning 39 pages, parts of the bill concerning EPR have been completely crossed out. Whole clauses and sections are no longer present, making distinct changes in what was originally proposed.
The state has also initiated a legislative program within the bill to assess the effectiveness of organic, composting, and recycling strategies at regular intervals. This oversight will help ensure sustainability in these practices for years to come.
After signing off on the legislation, the Governor left some of its provisions related to packaging materials intact. Although, during discussions, specific elements in the bill were removed, including a fee and punishment system which was initiated by lawmakers.
An Advisory Council Enacted
The Secretary of the Environment has appointed 21 members to the producer responsibility advisory council to represent a wide range of stakeholders in the state of Maryland. These include recycling agencies from local government, not-for-profit organizations, collectors and processors of recyclable material, trade associations and retailers.
“The framework of an EPR program is critical to its success and, if not properly created and implemented, can result in upending existing recycling systems by creating duplicative and unnecessary programs,” members of the association explained.
The recently signed bill has provided direction to the Department of the Environment’s Office of Recycling to commission a statewide survey to assist in identifying overall recycling needs.
A “Needs Assessment” to be Conducted
The Office of Recycling has also recruited an independent consultant to assess and analyze all solid waste streams generated in Maryland – ranging from local jurisdictions, material, and type.
The examination will delve into current solid waste disposal and diversion practices, and the “associated costs and revenues for [both] solid waste disposal programs [and] for recycling programs, collection and tipping fees.”
When evaluating state-wide reuse infrastructure, it was also determined that a needs assessment be conducted. This assessment delves into various aspects, such as an appraisal of wages and “opportunities to increase employment in the recycling industry by material type.”
The executive director of the Maryland Recycling Network, Peter Houstle, has voiced his support for the proposed needs assessment amendment. In written testimony he emphasized that this method is “absolutely necessary” stating that the approach “will provide thorough knowledge of the existing state of recycling in Maryland along with an understanding of additional needed infrastructure and funding requirements.” This information will be crucial in developing an effective EPR program capable of supporting local government recycling initiatives.
A full version of Maryland’s EPR law, which was passed by Moore, can be accessed through this link.
