Environment - Plastic Products - Postconsumer Recycled Content Program
HB69 creates a new Postconsumer Recycled Content Program within the Maryland Department of the Environment to require certain plastic products sold, offered for sale, or distributed in the State to meet minimum recycled-content thresholds. The bill covers three main product groups: plastic beverage containers, rigid plastic food containers, and rigid plastic containers used for household cleaning and personal care products. It sets phased-in percentage requirements beginning in 2027 and increasing over time, with the highest requirements reaching 50% for beverage containers, 40% for rigid food containers, and 35% for cleaning/personal care containers by the mid-2030s.
The bill also requires covered producers to register annually with the Department, pay registration fees, and submit product and sales information, including third-party certification of recycled content beginning in 2028. It authorizes the Department to grant temporary waivers for undue hardship or practical difficulty, conduct audits and investigations, participate in a multistate clearinghouse, publish compliance information online, and impose administrative penalties for noncompliance. The legislation further directs the Department to commission an outside evaluation of the program and report findings by October 1, 2030.
HB69 would add a new subtitle to the Environment Article and expand the Department of the Environment’s responsibilities to administer, enforce, and evaluate a statewide recycled-content program for plastic products. It also amends the State Recycling Trust Fund provisions to dedicate registration fees and penalties to program administration and related recycling purposes, including a separate account for covered-product fees and penalties that cannot revert to the General Fund. Producers of covered plastic products, including some franchisors and brand owners, would face new compliance, reporting, certification, and fee obligations, while certain small-volume and low-revenue sellers, refillable containers, compostable containers, and some medical or drug-related containers are excluded.
Based on the bill text and the absence of recorded committee transcripts or votes in the provided materials, the bill appears to be framed positively as an environmental and recycling policy measure. The preamble emphasizes reduced landfill waste, lower greenhouse gas emissions, stronger recycling markets, and economic benefits for the recycling industry. The overall tone of the legislation suggests support for expanding recycled-content requirements and creating a structured regulatory program to encourage market demand for recycled plastics.
The main likely points of contention are the cost and feasibility of compliance for producers, the new registration fees, and the Department’s authority to enforce the program through audits, penalties, and reporting requirements. The bill anticipates these concerns by allowing temporary waivers for undue hardship or practical difficulty and by authorizing reductions in penalties when producers submit approved corrective action plans or face market or supply disruptions. Another potential issue is the effect on packaging manufacturers and distributors, who would need to track recycled content, obtain third-party certification, and meet escalating percentage targets over time.