EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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HOUSE BILL 275
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By: Delegates Love, Rogers, Bagnall, Clark, Crosby, Hill, Jackson, Korman,
Lehman, and R. Lewis
Introduced and read first time: January 17, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Environment – PFAS Chemicals – Prohibitions and Requirements 2
(George “Walter” Taylor Act) 3
FOR the purpose of altering certain provisions of law establishing a certain prohibition on 4
certain uses of certain fire–fighting foam by prohibiting, on or after a certain date, a 5
person from using, manufacturing, or knowingly selling, offering for sale, or 6
distributing for sale or use certain fire–fighting foam in the State, subject to certain 7
exceptions; prohibiting a certain person from releasing certain foam into the 8
environment in a certain manner and requiring the person to take certain actions 9
and maintain certain documentation; providing for the process for the Department 10
of the Environment, the Attorney General, the State’s Attorney for a county or 11
Baltimore City, a county attorney, or a City Attorney to obtain certain compliance 12
information; providing that a failure to meet certain requirements does not preclude 13
certain use of a certain foam under certain circumstances; establishing requirements 14
that apply to the sale of certain personal protective equipment that contains PFAS 15
chemicals; prohibiting a person from disposing of a certain foam in a certain manner; 16
prohibiting a certain person, on or after a certain date, from manufacturing, selling, 17
offering for sale, or distributing for sale or use in the State a certain rug or carpet to 18
which PFAS chemicals have been intentionally added for certain purposes; 19
prohibiting a certain manufacturer or distributor, on or after a certain date, from 20
manufacturing, selling, offering for sale, or distributing for sale or use in the State a 21
certain food package or food packaging component to which PFAS chemicals have 22
been intentionally added; requiring the Department of the Environment and the 23
Maryland Department of Health jointly to prepare, in coordination with certain 24
entities, and submit to the General Assembly a certain PFAS Action Plan; and 25
generally relating to PFAS chemicals. 26
BY repealing and reenacting, with amendments, 27
Article – Environment 28
Section 6–1601 and 6–1603 29 2 HOUSE BILL 275
Annotated Code of Maryland 1
(2013 Replacement Volume and 2021 Supplement) 2
BY repealing 3
Article – Environment 4
Section 6–1602 and 6–1604 5
Annotated Code of Maryland 6
(2013 Replacement Volume and 2021 Supplement) 7
BY adding to 8
Article – Environment 9
Section 6–1602, 6–1604, and 6–1604.1 10
Annotated Code of Maryland 11
(2013 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Environment 14
Section 6–1605 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Environment 19
Section 9–1901 through 9–1905 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Environment 25
6–1601. 26
(a) In this subtitle the following words have the meanings indicated. 27
(b) “Class B fire–fighting foam” OR “FOAM” means a foam designed for 28
flammable liquid fire. 29
(C) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 30
CHEMICAL IN THE FORM ATION OF A PRODUCT W HERE THE CHEMICAL ’S CONTINUED 31
PRESENCE IS DESIRED IN THE PRODUCT TO PR OVIDE A SPECIFIC CHA RACTERISTIC. 32
(D) “PERSONAL PROTECTIVE E QUIPMENT” MEANS ITEMS DES IGNED, 33
INTENDED, OR MARKETED TO BE WO RN BY FIRE–FIGHTING PERSONNEL I N THE 34 HOUSE BILL 275 3
PERFORMANCE OF THEIR FIRE AND RESCUE ACTI VITIES, INCLUDING JACKETS , 1
PANTS, SHOES, GLOVES, HELMETS, AND RESPIRATORY EQUI PMENT. 2
[(c)] (E) “PFAS chemicals” means a class of fluorinated organic chemicals that[: 3
(1) Contain] CONTAIN at least one fully fluorinated carbon atom, including 4
perfluoroalkyl and polyfluoroalkyl substances[; and 5
(2) Are designed to be fully functional in Class B fire–fighting foam 6
formulations]. 7
(F) “RUG OR CARPET” MEANS A THICK FABRIC USED TO COVER A FLOO R, 8
INCLUDING: 9
(1) COMMERCIAL OR RESIDEN TIAL BROADLOOM CARPE T; AND 10
(2) A PAD OR AN UNDERLAYMENT USED IN CONJUNCTION WITH A 11
CARPET. 12
[6–1602. 13
(a) This subtitle does not apply to fire –fighting foams used at the 14
Baltimore–Washington International Thurgood Marshall Airport. 15
(b) This subtitle does not restrict: 16
(1) The manufacture, sale, or distribution of Class B fire–fighting foam 17
that contains intentionally added PFAS chemicals; or 18
(2) The discharge or other use of Class B fire–fighting foam that contains 19
intentionally added PFAS chemicals in emergency fire–fighting or fire prevention 20
operations.] 21
6–1602. 22
THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE . 23
6–1603. 24
(A) [On or after October 1, 2021,] EXCEPT AS PROVIDED IN SUBSECTION (B) 25
OF THIS SECTION , ON OR AFTER JANUARY 1, 2023, A PERSON MAY NOT USE , 26
MANUFACTURE , OR KNOWINGLY SELL , OFFER FOR SALE , OR DISTRIBUTE FOR SA LE 27
OR USE Class B fire–fighting foam that contains intentionally added PFAS chemicals [may 28
not be used for: 29
4 HOUSE BILL 275
(1) Testing purposes, including calibration testing, conformance testing, 1
and fixed–system testing unless: 2
(i) The use is required by law or by the agency having jurisdiction 3
over the testing facility; and 4
(ii) The testing facility has implemented appropriate containment, 5
treatment, and disposal measures to prevent releases of foam into the environment; or 6
(2) Training purposes] IN THE STATE. 7
(B) (1) A PERSON THAT IS AUTHO RIZED UNDER FEDERAL LAW TO USE 8
CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS 9
CHEMICALS: 10
(I) MAY NOT RELEASE THE F OAM DIRECTLY INTO THE 11
ENVIRONMENT , INCLUDING THROUGH UN SEALED GROUND , SOAKAGE PITS , 12
WATERWAYS , OR UNCONTROLLED DRAI NS; AND 13
(II) SHALL: 14
1. FULLY CONTAIN ALL REL EASES ON SITE; 15
2. IMPLEMENT CONTAINMENT MEASURES, INCLUDING 16
BUNDS AND PONDS , THAT ARE CONTROLLED AND IMPERVIOUS TO PFAS 17
CHEMICALS AND DO NOT ALLOW FIREWATER , WASTEWATER , RUNOFF, AND OTHER 18
WASTES TO BE RELEASE D INTO THE ENVIRONMENT , INCLUDING SOILS , 19
GROUNDWATER , WATERWAYS , AND STORMWATER ; 20
3. DISPOSE OF ALL FIREWA TER, WASTEWATER , RUNOFF, 21
AND OTHER WASTES IN A WAY THAT PREVENTS RELEASES INTO THE ENVIRONMENT ; 22
4. WITHIN 5 DAYS AFTER A RELEASE IN VIOLATI ON OF 23
ITEM (I) OF THIS PARAGRAPH , REPORT THE RELEASE T O THE DEPARTMENT , 24
INCLUDING INFORMATIO N ON THE IDENTITY OF THE FOAM, THE QUANTITY USED , 25
THE TOTAL PFAS CONCENTRATION , AND THE FORM OF ANY WASTE THAT CONTAINS 26
PFAS CHEMICALS; AND 27
5. MAINTAIN DOCUMENTATIO N ON ANY MEASURES 28
TAKEN UNDER THIS PAR AGRAPH. 29
(2) (I) IN INVESTIGATING COMP LIANCE WITH THIS SUB SECTION, 30
THE DEPARTMENT , THE ATTORNEY GENERAL, A STATE’S ATTORNEY FOR A COUNTY 31 HOUSE BILL 275 5
OR BALTIMORE CITY, A COUNTY ATTORNEY , OR A CITY ATTORNEY MAY REQUEST 1
DOCUMENTATIO N MAINTAINED UNDER P ARAGRAPH (1) OF THIS SUBSECTION . 2
(II) A PERSON THAT RECEIVES A REQUEST UNDER 3
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE THE DOCU MENTATION ON 4
REQUEST. 5
(3) A FAILURE TO MEET THE REQUIREMENTS OF PARA GRAPH (1) OR 6
(2) OF THIS SUBSECTION DOES NOT PR ECLUDE THE USE OF CLASS B FIRE–FIGHTING 7
FOAM CONTAINING INTE NTIONALLY ADDED PFAS CHEMICALS IF THE FAI LURE WAS 8
A RESULT OF FACTORS BEYOND THE CONTROL O F THE PERSON. 9
(C) (1) IF A PERSON SELLS PERSONAL PROTECTIVE EQUIPMENT THAT 10
CONTAINS PFAS CHEMICALS IN THE STATE, THE PERSON SHALL PRO VIDE WRITTEN 11
NOTICE TO THE PURCHA SER AT THE TIME OF T HE SALE THAT INCLUDES: 12
(I) A STATEMENT THAT T HE PERSONAL PROTECTIVE 13
EQUIPMENT CONTAINS PFAS CHEMICALS; AND 14
(II) THE REASO N THAT THE PERSONAL PROTECTIVE 15
EQUIPMENT CONTAINS PFAS CHEMICALS. 16
(2) BOTH THE PERSON SELLI NG PERSONAL PROTECTIVE EQUIPMENT 17
THAT CONTAINS PFAS CHEMICALS AND THE PURCHASER OF THE PERSONAL 18
PROTECTIVE EQUIPMENT SHALL RETA IN THE NOTICE UNDER PARAGRAPH (1) OF 19
THIS SUBSECTION FOR AT LEAST 3 YEARS AFTER THE DATE OF THE SALE. 20
[6–1604. 21
Nonfluorinated training foam shall be used for purposes of fire–fighting training.] 22
6–1604. 23
A PERSON MAY NOT DISPO SE OF A CLASS B FIRE–FIGHTING FOAM THAT 24
CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: 25
(1) USING INCINERATION , INCLUDING BY BURNING , COMBUSTION , 26
PYROLYSIS, GASIFICATION, THERMAL OXIDATION , ACID RECOVERY FURNAC E OR 27
OXIDIZER, ORE ROASTER , CEMENT KILN , LIGHTWEIGHT AGGREGATE KILN , 28
INDUSTRIAL FURNACE B OILER, AND PROCESS HEATER ; OR 29
(2) IN A LANDFILL. 30
6 HOUSE BILL 275
6–1604.1. 1
(A) THIS SECTION DOES NOT APPLY TO THE SALE OR RESALE OF A USED RUG 2
OR CARPET. 3
(B) ON OR AFTER JANUARY 1, 2023, A PERSON MAY NOT MAN UFACTURE, 4
SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SA LE OR USE IN THE STATE A RUG OR 5
CARPET TO WHICH PFAS CHEMICALS HAVE BEEN INTENTIONALLY ADDED . 6
(C) (1) A PERSON THAT MANUFACT URES, SELLS, OFFERS FOR SALE , OR 7
DISTRIBUTES FOR SALE OR USE IN THE STATE A RUG OR CARPET SHALL ESTABLISH 8
A CERTIFICATE OF COM PLIANCE TO ATTEST TH AT THE RUG OR CARPET IS IN 9
COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. 10
(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A 11
PERSON SHALL PROVIDE THE CERTIFICATE OF C OMPLIANCE ESTABLISHE D UNDER 12
PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . 13
6–1605. 14
A person who violates this subtitle is subject to: 15
(1) For a first violation, a civil penalty not exceeding $500; and 16
(2) For a second or subsequent violation, a civil penalty not exceeding 17
$1,000. 18
9–1901. 19
(a) In this subtitle the following words have the meanings indicated. 20
(b) “Distributor” means any person that: 21
(1) Sells a packaged product to a retailer; or 22
(2) Receives a shipment or consignment of, or in any other manner 23
acquires, packaged products for distribution to a retailer for: 24
(i) Sale to a consumer; or 25
(ii) Promotional purposes. 26
(C) “FOOD PACKAGE ” MEANS A PACKAGE THAT IS DESIGNED FOR DIRECT 27
FOOD CONTACT , INCLUDING: 28
HOUSE BILL 275 7
(1) A FOOD OR BEVERAGE PRO DUCT THAT IS CONTAINED IN A FOOD 1
PACKAGE OR TO WHICH A FOOD PACKAGE IS AP PLIED; 2
(2) A PACKAGING COMPONENT OF A FOOD PACKAGE ; AND 3
(3) PLASTIC DISPOSABLE GL OVES USED IN COMMERC IAL OR 4
INSTITUTIONAL FOOD S ERVICE. 5
(D) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 6
CHEMICAL IN THE FORM ATION OF A PACKAGE O R PACKAGING COMPONEN T WHEN 7
THE CHEMICAL ’S CONTINUED PRESENCE I S DESIRED IN THE FIN AL PACKAGE OR 8
PACKAGING COMPONENT TO PROVIDE A SPECIFI C CHARACTERISTIC . 9
[(c)] (E) (1) “Manufacturer” means any person that manufactures a package 10
or packaging component. 11
(2) “Manufacturer” includes any person that sells a package or packaging 12
component to a distributor. 13
[(d)] (F) (1) “Package” means a container used to market, protect, or handle 14
a product. 15
(2) “Package” includes: 16
(i) A unit package, an intermediate package, and a shipping 17
container as defined by the American Society for Testing and Materials; and 18
(ii) An unsealed receptacle such as a carrying case, crate, cup, pail, 19
rigid foil or other tray, wrap, wrapping film, bag, and tub. 20
[(e)] (G) (1) “Packaging component” means any individual assembled part of 21
a package. 22
(2) “Packaging component” includes any interior or exterior blocking, 23
bracing, cushioning, weatherproofing, coating, closure, label, ink, dye, pigment, adhesive, 24
or any other additive. 25
(3) “Packaging component” does not include any package or packaging 26
component that contains cadmium and is intended for reuse more than 5 times. 27
(H) “PFAS CHEMICALS” MEANS A CLASS OF FLUORINATED ORGANIC 28
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 29
INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 30
9–1902. 31
8 HOUSE BILL 275
(a) Except as provided in §§ 9–1903 and 9–1904 of this subtitle, on or after July 1
1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional 2
purposes any package or packaging component or any product in a package or packaging 3
component to which any of the following was intentionally added during manufacture or 4
distribution: 5
(1) Lead; 6
(2) Cadmium; 7
(3) Mercury; or 8
(4) Hexavalent chromium. 9
(b) The sum of the concentration levels of lead, cadmium, mercury, and 10
hexavalent chromium incidentally present in a package or packaging component may not 11
exceed: 12
(1) By July 1, 1993, 600 parts per million by weight or 0.06%; 13
(2) By July 1, 1994, 250 parts per million by weight or 0.025%; and 14
(3) By July 1, 1995, 100 parts per million by weight or 0.01%. 15
(c) Tin plated steel that meets the American Society for Testing and Materials 16
Specification A–623 shall be considered a single packaging component. 17
(D) ON OR AFTER JANUARY 1, 2023, A MANUFACTURER OR DI STRIBUTOR 18
MAY NOT MANUFACTURE , SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SA LE OR USE 19
IN THE STATE A FOOD PACKAGE OR FOOD PACKAGING COMPONENT TO WHICH PFAS 20
CHEMICALS WERE INTEN TIONALLY ADDED . 21
9–1903. 22
The provisions of § 9–1902(A) THROUGH (C) OF this subtitle do not apply to: 23
(1) If it contains a code indicating the date of manufacture, a package or 24
packaging component that was manufactured prior to July 1, 1993; 25
(2) Until July 1, 1997, a package and packaging component that would not 26
exceed the concentration levels set forth in § 9–1902 of this subtitle but for the addition of 27
recycled materials; 28
(3) A package or packaging component conditionally exempt under § 29
9–1904 of this subtitle; and 30
(4) Any alcoholic beverage bottled before October 1, 1992. 31 HOUSE BILL 275 9
9–1904. 1
(a) A manufacturer or distributor of a package or packaging component may 2
submit to the Department an application for a conditional exemption from the provisions 3
of § 9–1902(A) THROUGH (C) OF this subtitle. 4
(b) On the written application of a manufacturer or distributor, the Department 5
may grant a conditional exemption if the Department finds that: 6
(1) In order to comply with a health or safety requirement of federal law, 7
lead, cadmium, mercury, or hexavalent chromium have been added to the package or 8
packaging component in the manufacturing, forming, printing, or distribution process; or 9
(2) The regulated substance is essential to the protection, safe handling, or 10
function of the package contents. 11
(c) A conditional exemption granted under this section: 12
(1) Expires 2 years after the date the Department grants the exemption; 13
and 14
(2) If the manufacturer or distributor meets the criteria under subsection 15
(b) of this section, may be renewed for additional periods of 2 years. 16
9–1905. 17
(a) To enforce the provisions of this subtitle, the Department may: 18
(1) Notify a manufacturer that there are grounds for suspecting that a 19
package or packaging component produced by the manufacturer may not be in compliance 20
with the provisions of this subtitle; and 21
(2) Request the manufacturer to certify that the package or packaging 22
component is in compliance, INCLUDING BY REQUEST ING THE MANUFACTURER ’S 23
CERTIFICATE OF COMPL IANCE ESTABLISHED UN DER SUBSECTION (C) OF THIS 24
SECTION. 25
(b) If the manufacturer certifies that the package or packaging component is 26
exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis 27
on which the exemption is claimed. 28
(C) (1) A MANUFACTURER OR DIST RIBUTOR THAT MANUFAC TURES, 29
SELLS, OFFERS FOR SALE , OR DISTRIBUTES FOR U SE IN THE STATE A FOOD PACKAGE 30
OR FOOD PACKAGING COMPONENT SHALL ESTABLISH A CE RTIFICATE OF 31
COMPLIANCE TO ATTEST THAT THE FOOD PACKAGE OR FOOD PACKAGING 32 10 HOUSE BILL 275
COMPONENT IS IN COMPLIANCE WIT H THE REQUIREMENTS O F § 9–1902(D) OF THIS 1
SUBTITLE. 2
(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A 3
MANUFACTURER SHALL P ROVIDE THE CERTIFICA TE OF COMPLIANCE ESTABLISH ED 4
UNDER PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . 5
[(c)] (D) If the manufacturer OR DISTRIBUTOR fails to certify that the package 6
or packaging component is in compliance or is exempt, the Department may seek an 7
injunction under § 9–1906 of this subtitle to require the manufacturer OR DISTRIBUTOR 8
to withdraw the package or packaging component in question from sale or promotional use 9
within the State. 10
SECTION 2. AND BE IT FURTHER ENACTED, That: 11
(a) On or before December 31, 2022, the Department of the Environment shall 12
report to the General Assembly, in accordance with § 2–1257 of the State Government 13
Article, on: 14
(1) the location and results of any testing for PFAS chemicals, as defined 15
in § 6–1601 of the Environment Article, that the Department has conducted on waters of 16
the State; 17
(2) any plan the Department has for further testing for PFAS chemicals in 18
waters of the State; and 19
(3) any plan the Department has for remediation and public education in 20
areas where the water has been found to be contaminated by PFAS chemicals. 21
(b) On or before December 31, 2023, the Department of the Environment and the 22
Maryland Department of Health jointly shall prepare, in coordination with other relevant 23
State agencies, the federal government, local governments, and the public, and submit to 24
the General Assembly, in accordance with § 2–1257 of the State Government Article, a 25
PFAS Action Plan to identify strategies, actions, and funding alternatives to: 26
(1) minimize environmental exposure to PFAS chemicals for Maryland 27
residents, in addition to regulating its use in fire–fighting foam, food packaging and food 28
packaging components, rugs, and carpets; 29
(2) minimize future releases of PFAS chemicals into the environment; 30
(3) identify, assess, and clean up historical releases of PFAS chemicals in 31
Maryland; 32
(4) assess any concerns related to environmental justice, health equity, and 33
PFAS chemical contamination; and 34 HOUSE BILL 275 11
(5) educate and communicate to Maryland residents the risks associated 1
with PFAS chemicals. 2
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
1, 2022. 4