1. A. In this chapter, the Producer Responsibility Advisory Council (Council) is to provide advice and make recommendations regarding implementation of a producer responsibility program in the State for covered materials.
2. B. The Council consists of up to no more than 25 and no less than 15 members, representing a broad range of interested stakeholders. The number of members in the Council may change in size provided through approval by the Secretary of the Department with a public notice of 30 days.

3. C. The Council stakeholders shall include, at a minimum:

   1. (1) Representatives from the following industries or entities in the State:

      1. (a) Local government agencies responsible for recycling programs;
      2. (b) Recyclables and compostable materials collectors from both the public and private sectors;
      3. (c) Recycling processors from both the public and private sectors;
      4. (d) Organics recycling processors;
      5. (e) Producers from the consumer goods sector;
      6. (f) Retail and small businesses; and
      7. (g) Material-oriented trade groups;
   2. (2) Representatives of at least two nonprofit organizations in the State with missions related to reducing waste;
   3. (3) At least one representative of an environmental advocacy organization;
   4. (4) At least one representative of an advocacy organization that advocates on behalf of overburdened or underserved communities, as defined in Environment Article, §1–701, Annotated Code of Maryland;
   5. (5) At least two members of the public who reside in the State;
   6. (6) A representative of a PRO approved by the Department;
   7. (7) The Director of the Department’s Land and Materials Administration, or the Director’s designee.

4. D. Member Service.

   1. (1) A member is considered an individual person that is selected by the stakeholder to represent their material industry group, materials management group, environmental advocacy group, or a producer responsibility organization. A member of the public is a member that is not a part of any stakeholder group.
   2. (2) Appointments to the Council are for 4 years, excluding the Department and the PRO unless there are multiple approved PROs in the State.
   3. (3) If an appointed member vacancy occurs due to a member's resignation, death, or departure from elective office, that vacancy may be filled by a new representative from the same organization, with Department approval. The term of the representative assuming membership fulfills only the remaining term length of the original member appointment.

   4. (4) Members may be appointed to additional terms at the discretion of the Department.

      1. (a) The Department may reappoint members to an additional 2-year term.
      2. (b) Members may not serve a contiguous service of 6 years.
      3. (c) A vacancy occurring by reason of removal, resignation, death, or departure from elective office shall be filled for the balance of the vacating member's term using the same method by which the original appointment was made.
      4. (d) If a member departs from the organization in which they represent and if such departure occurs before their term of appointment or reappointment to the Council would otherwise expire, the Department may permit the member to complete the term in another vacant position on the Council, as determined by the Department.

   5. (5) The Department, after written notice, may terminate the service of a member if, in the judgment of the Department, such removal is in the public interest, or if the member or their organization:

      1. (a) No longer meets the requirements under which elected or appointed;
      2. (b) Fails or is unable to participate regularly in committee work; or
      3. (c) Has violated any State, federal, or local laws or regulations.

5. E. Participation.

   1. (1) Members must attend at least 66 percent of regular meetings annually. Any member who does not attend the required number of meetings may be removed from the Council by the Department.
   2. (2) Members may designate an alternate member-advisor to attend meetings. Alternative member-advisor information shall be provided to the Department 24 hours prior to regular meetings.
   3. (3) Alternative member-advisors may not attend in place of approved members for more than 33 percent of regular meetings annually.

6. F. Quorum and Voting Requirements.

   1. (1) A majority of voting members of the Council must be present to constitute an official meeting of the Council and to establish a quorum to vote. If a majority of voting members are not present, the Council may still convene, but may not establish a quorum for voting.
   2. (2) Agreement of a majority of voting members of the Council members present at a meeting is required for a formal recommendation made by the Council.

   3. (3) Differentiation of Votes.

      1. (a) The three different types of votes are:

         1. (i) Yay;
         2. (ii) Nay; or
         3. (iii) Abstain.
      2. (b) For an abstaining vote, if the Council member is present at the meeting but does not cast a vote, it is assumed that the members vote is to abstain.
   4. (4) Stakeholders listed in §§C(6) and (7) of this regulation are non-voting members of the Council.

7. G. Application and Criteria for Additions to the Council.

   1. (1) Application for membership to the Council. Applications shall be submitted to the Department for their approval in a form provided by the Department.

   2. (2) Criteria:

      1. (a) Must represent a stakeholder sector that is not already represented on the Council and that is impacted by this chapter;
      2. (b) Increase evenness of representation between material industry groups, materials management groups, environmental advocacy groups, or the general public; or
      3. (c) Other requirements as determined by the Department.
   3. (3) Final approvals or additions to the Council will be at the discretion of the Department.

Authority: Environment Article, §§ 9-1702, 9-1707, 9-2501— 9-2512, Annotated Code of Maryland

Effective date: May 25, 2026 (53:10 Md. R. 455)