Beverage Container Deposit Program - Establishment and Advisory Commission

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0099* HOUSE BILL 99 M3 1lr1438 HB 824/20 – ENT & ECM (PRE–FILED) By: Delegate Love Requested: October 30, 2020 Introduced and read first time: January 13, 2021 Assigned to: Environment and Transportation and Economic Matters A BILL ENTITLED AN ACT concerning 1 Beverage Container Deposit Program – Establishment and Advisory 2 Commission 3 FOR the purpose of requiring the Department of the Environment to establish a beverage 4 container deposit program on or before a certain date; establishing the Advisory 5 Commission to Develop a Beverage Container Deposit Program; providing for the 6 composition, chair, and staffing of the Advisory Commission; prohibiting a member 7 of the Advisory Commission from receiving certain compensation, but authorizing 8 the reimbursement of certain expenses; requiring the Advisory Commission to 9 develop a framework for a be verage container deposit program and make 10 recommendations regarding the implementation of the program; requiring the 11 Advisory Commission to report its findings and recommendations to the President of 12 the Senate, the Speaker of the House, and certain commit tees of the General 13 Assembly on or before a certain date; requiring the Department to establish, on or 14 before a certain date, a beverage container deposit program in accordance with the 15 Advisory Commission’s framework and recommendations; providing for the 16 termination of certain provisions of this Act; and generally relating to the 17 establishment of a beverage container deposit program. 18 BY adding to 19 Article – Environment 20 Section 9–1710.1 21 Annotated Code of Maryland 22 (2014 Replacement Volume and 2020 Supplement) 23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 That the Laws of Maryland read as follows: 25 Article – Environment 26 2 HOUSE BILL 99 9–1710.1. 1 ON OR BEFORE SEPTEMBER 1, 2022, THE DEPARTMENT SHALL ESTABLISH A 2 BEVERAGE CONTAINER DEPOSIT PROGRAM. 3 SECTION 2. AND BE IT FURTHER ENACTED, That: 4 (a) There is an Advisory Commission to Develop a Beverage Container Deposit 5 Program. 6 (b) The Advisory Commission consists of the following members: 7 (1) one member of the Senate of Maryland, appointed by the President of 8 the Senate; 9 (2) one member of the House of Delegates, appointed by the Speaker of the 10 House; 11 (3) one representative of the Office of the Comptroller, selected by the 12 Comptroller; 13 (4) one representative of the Department of the Environment, selected by 14 the Secretary of the Environment; and 15 (5) one representative of each of the following industries and organizations, 16 selected by the industries and organizations: 17 (i) the beverage industry; 18 (ii) the Maryland Retailers Association; 19 (iii) the National Aquarium in Baltimore; 20 (iv) Trash Free Maryland; and 21 (v) the Maryland Association of Counties. 22 (c) The President of the Senate and the Speaker of the House shall designate the 23 chair of the Advisory Commission. 24 (d) The Department of the Environment shall provide staff for the Advisory 25 Commission. 26 (e) A member of the Advisory Commission: 27 (1) may not receive compensation as a member of the Advisory 28 Commission; but 29 HOUSE BILL 99 3 (2) is entitled to reimbursement for expens es under the Standard State 1 Travel Regulations, as provided in the State budget. 2 (f) The Advisory Commission shall: 3 (1) develop a framework for establishing a beverage container deposit 4 program in the State that: 5 (i) reduces litter, encourages recycling, increases the quality and 6 quantity of recycled material, and reduces greenhouse gas emissions; 7 (ii) achieves a statewide beverage container redemption target of 8 90%; 9 (iii) provides for curbside and drop–off recycling; 10 (iv) encourages public participation in the program by ensuring the 11 convenient deposit of beverage containers; 12 (v) addresses how to include all on –the–go beverage containers in 13 the program, including aluminum, glass, and plastic containers for water, soft drinks, beer, 14 and other alcoholic beverages; and 15 (vi) establishes a minimum redemption amount of 10 cents for 16 containers less than 24 ounces, with the potential for a higher redemption amount for larger 17 containers; and 18 (2) make recommendations regarding how to implement the program by 19 September 1, 2022. 20 (g) On or before December 31, 202 1, the Advisory Commission shall report its 21 framework and recommendations to the President of the Senate, the Speaker of the House, 22 the Senate Finance Committee, the Senate Education, Health, and Environmental Affairs 23 Committee, the House Economic Matters Committee, and the House Environment and 24 Transportation Committee in accordance with § 2–1257 of the State Government Article. 25 SECTION 3. AND BE IT FURTHER ENACTED, That the Department of the 26 Environment shall establish, on or before September 1, 2022, a beverage container deposit 27 program in accordance with the framework and recommendations made by the Advisory 28 Commission to Develop a Beverage Container Deposit Program, as ena cted under Section 29 2 of this Act. 30 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 31 1, 2021. Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, 32 at the end of June 30, 202 2, Section 2 of this Act , with no further action required by the 33 General Assembly, shall be abrogated and of no further force and effect. 34 4 HOUSE BILL 99