(a) (1) On or before July 1, 2027, the Department shall develop a statewide list of covered materials determined to be recyclable or compostable through curbside recycling programs. (2) Covered materials in the list developed under paragraph (1) of this subsection shall be collected: (i) At an optimal level of service and convenience for covered entities; and (ii) At a minimum, wherever collection services for mixed municipal solid waste are available. (b) The Department shall develop the list under subsection (a) of this section in consultation with: (1) The advisory council; (2) Producer responsibility organizations; (3) Service providers; (4) Local governments; and (5) Other interested parties. (c) In developing the list under subsection (a) of this section, the Department may consider the following criteria: (1) Current availability of recycling and composting collection services; (2) Recycling and composting processing infrastructure; (3) Capacity and technology for sorting covered materials; (4) Whether a covered material is: (i) Of a type and form that is regularly sorted and aggregated into defined streams for recycling processes; or (ii) Included in a specification of the Institute of Scrap Recycling Industries, or a successor organization; (5) Availability of responsible end markets; (6) Presence and amount of processing residuals, contamination, and toxic substances; (7) Quantity of covered material estimated to be available and recoverable; (8) Projected future conditions for the criteria under items (1) through (7) of this subsection; and (9) Any other criteria or factor, as determined by the Department. (d) (1) The Department may amend a list completed under this section at any time. (2) (i) The Department shall provide an amended list under this subsection to producer responsibility organizations within a reasonable amount of time, determined by the Department, after amending the list. (ii) On receipt of an amended list, a producer responsibility organization shall: 1. Provide the list to service providers as soon as practicable after receiving the amended list; and 2. Work to incorporate changes in relevant service provider reimbursement rates within 1 calendar year. (e) (1) (i) A producer may request, on a form prescribed by the Department, that the Department classify one or more types of packaging as an exempt material. (ii) The Department shall submit a request received under this subsection to the advisory council for review and comment before approving or denying the request. (2) Subject to paragraph (1)(ii) of this subsection, the Department may approve the request only if the Department determines that a specific federal or State health and safety requirement prevents the packaging from being waste reduced or made reusable, recyclable, or compostable. (3) Within 120 days after the date on which the Department receives a request under paragraph (1) of this subsection, the Department shall: (i) Review and approve or deny the request; or (ii) Request additional information from the producer. (4) The Department shall publish and update as necessary on the Department's website a list of materials exempted by request under this subsection. (5) (i) An exemption approved per a request under this subsection shall expire 2 years after the date on which the Department approves the request. (ii) A producer may file a subsequent request that the Department classify one or more types of packaging as an exempt material after the expiration of the classification under subparagraph (i) of this paragraph.
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