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SB 591

Creating Criminal Forfeiture Process Act to replace West Virginia Contraband Forfeiture Act

2025 Regular Session Introduced by Vince Deeds and 1 co-sponsor

Creates a statewide electronic device recycling program funded by consumer and manufacturer fees to collect, refurbish, and recycle covered devices statewide.

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Bill Summary · SB 591

SB 591 — Environment: Covered Electronic Device Recycling Program (Electronics Recycling Health and Safety Modernization Act)

Status: Hearing 2/18 at 1:00 p.m. (Introduced Jan. 23 / Feb. 20, 2025)
Primary sponsor: Sen. Augustine

Main purpose

Establish a statewide Covered Electronic Device Recycling Program (CEDRP) in the Maryland Department of the Environment (MDE) to centralize and fund collection, refurbishment, reuse, and recycling of consumer electronic devices. The bill replaces existing manufacturer take‑back program provisions, creates dedicated accounts within the State Recycling Trust Fund (SRTF), and funds payments to authorized collectors and recyclers with a consumer recycling fee.

Key provisions

  • Creates CEDRP in MDE and authorizes MDE to contract with nonprofit or private program administrators. MDE to adopt implementing regulations.
  • Repeals current statutory provisions authorizing manufacturer-operated takeback programs.
  • Establishes two new accounts within the SRTF:
    • Covered Electronic Device (CED) recycling account — receives consumer recycling fees and funds reimbursements to authorized collectors/recyclers.
    • CED manufacturer registration fee account — receives annual manufacturer registration fees to fund program administration.
  • Modifies manufacturer registration fees to a standard structure: $10,000 for manufacturers that sold ≥1,000 CEDs in the prior year; $5,000 for 100–999 sold (MDE may adjust by regulation). Registration remains due March 1 annually.
  • Requires retailers (beginning July 1, 2027) to collect a consumer recycling fee at point of sale for new CEDs; MDE (in consultation with an advisory council) will set fee amounts by regulation to cover reasonable reimbursement costs. Disbursements to authorized collectors/recyclers begin July 1, 2028.
  • Defines and tiers “covered electronic devices” (Tier I, Tier II; MDE may add tiers) and clarifies exclusions (e.g., devices integral to motor vehicles, household appliances/white goods).
  • Establishes standards and application procedures for “authorized collectors” and “authorized recyclers”; prohibits authorized entities from charging consumers certain fees (with limited exceptions).
  • Establishes a CED advisory council to advise MDE on program implementation.
  • MDE must notify manufacturers by Dec. 1, 2025 of the termination of existing takeback programs and of the new CEDRP.

Who is affected

  • Consumers: will pay a recycling fee on purchases of new CEDs (starting 7/1/2027).
  • Manufacturers: must register annually, pay set registration fees, and follow labeling/notification requirements.
  • Retailers: required to collect and remit the consumer fee to the Comptroller.
  • Authorized collectors/recyclers (including local governments, nonprofits, retailers): eligible for reimbursements; subject to program authorization and rules.
  • Local governments: lose access to some prior SRTF grant authority but may participate as authorized collectors.
  • Small businesses in the electronics recycling chain: may face meaningful operational/administrative changes.

Fiscal and implementation notes

  • Program intended to be fee-funded (special funds) — manufacturer fees support MDE administration; consumer fees reimburse collectors/recyclers.
  • Fiscal note projects material special‑fund revenue beginning FY2028 with large out‑year disbursements; administrative costs to MDE are modest relative to disbursements. Local fiscal effects and small business impacts are described as potentially meaningful/indeterminate.
  • Key dates: MDE notification to manufacturers by 12/1/2025; consumer fee imposed 7/1/2027; fee disbursements begin 7/1/2028; manufacturer registration due March 1 each year.

Implementation and next steps

  • MDE rulemaking and establishment of authorization processes for collectors/recyclers will be required before fee collection and disbursements begin.
  • Stakeholders likely to include manufacturers, retailers, recyclers, local governments, environmental organizations, and small businesses in the electronics and waste management sectors.

Compiled from official sources — confirm details with the bill’s official record.

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