Maryland Code § EN-9-1702.2

Section EN-9-1702.2
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(a) In this section, "advisory council" has the meaning stated in § 9-2501 of
this title.
(b) (1) On or before July 30, 2034, and at least once every 10 years
thereafter, the Office shall hire an independent consultant to conduct a statewide
recycling needs assessment to inform the provision of recycling services in the State
including implementation of Subtitle 25 of this title.
(2) The needs assessment shall include:

(i) An analysis of the State's current solid waste streams,
including:
1. Solid waste generated in the State by local
jurisdiction, type, and material;
2. Disposal methods by material type and amount; and
3. Associated costs and revenues for solid waste
disposal programs;
(ii) An analysis of the State's current recycling streams,
including:
1. Recyclable materials processed by local jurisdiction,
type, and amount;
2. Processing methods by material type and amount;
3. Associated costs and revenues for recycling
programs, collection, and tipping fees;
4. An estimate of the amount of recyclable materials
that are not currently being recycled; and
5. An estimate of the amount of reusable packaging
that is not currently being reused;
(iii) An evaluation of the current infrastructure and capacity
related to, need for, and associated costs of:
1. Recycling access and availability;
2. Collecting and hauling recyclable, reusable, or
compostable materials in the State;
3. Processing recyclable or compostable materials in
the State;
4. Taking advantage of favorable market conditions or
other opportunities for increasing recycling, reuse, or organics recycling in the State;

5. In coordination with local governments, consumer
education regarding recycling, organics recycling, reusable packaging, and
contamination reduction;
6. Reuse infrastructure; and
7. Organics recycling infrastructure;
(iv) An evaluation of commingled recycling processing facility
worker conditions, wages, and benefits;
(v) An evaluation of opportunities in the recycling and reuse
system for women and minority individuals;
(vi) An evaluation of local government requirements related to
multifamily and commercial recycling services and their implementation;
(vii) The sufficiency of recycling and reuse education programs
relative to desired equity outcomes;
(viii) An evaluation of the economic opportunities in the State's
recycling and reuse system, including:
1. State and local revenue that may be considered lost
because recyclable materials are not being recycled;
2. Current jobs associated with the solid waste, reuse,
and recycling industries;
3. Opportunities to increase employment in the
recycling industry by material type;
4. Business opportunities associated with recycling or
reusable packaging;
5. Barriers to increasing the use of recyclable materials
as feedstock for principal processors and manufacturers and means of eliminating
those barriers; and
6. Recommendations for incentives to stimulate job
growth and business opportunities in the State's recycling and reusable packaging
industries;

(ix) Recommendations for improving equity and equitable
outcomes for underserved populations in the State's recycling system;
(x) An analysis of the costs and benefits of implementing an
extended producer responsibility program, including to:
1. Local governments;
2. Waste producers;
3. Residents; and
4. Waste management companies;
(xi) An analysis of the potential environmental impact of an
extended producer responsibility program, including through:
1. Increased recycling;
2. Resource recovery;
3. Waste reduction; and
4. Reduced environmental damage; and
(xii) Recommendations on the best practices to follow from
successful extended producer responsibility programs in other states and countries.
(c) The Office shall report on the results of each assessment conducted
under this section to the Governor and, in accordance with § 2-1257 of the State
Government Article, the General Assembly.
(d) In conducting an assessment required under this section, the
independent consultant shall consult with producer responsibility organizations, the
producer responsibility advisory council established under § 9-2503 of this title,
appropriate local governmental entities, and regional solid waste organizations in the
State.
(e) The Office shall establish and collect a fee to be paid by producer
responsibility organizations to cover the costs associated with conducting:
(1) The assessment required under Chapter 465 of the Acts of the
General Assembly of 2023; and

(2) Each subsequent assessment required under this section.

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