EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0275*
HOUSE BILL 275
M3, J1 2lr1318
CF SB 273
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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2022
CHAPTER ______
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; establishing a process by which the Department purchases and disposes 16
of certain fire–fighting foam; prohibiting a person from disposing of a certain foam 17
in a certain manner; prohibiting a certain person, on or after a certain date, from 18
manufacturing, or knowingly selling, offering for sale, or distributing for sale or use 19
in the State a certain rug or carpet to which PFAS chemicals have been intentionally 20
added for certain purposes; prohibiting a certain manufacturer or distributor, on or 21
after a certain date, from manufacturing, or knowingly selling, offering for sale, or 22
distributing for sale or use in the State a certain food package or food packaging 23
component to which PFAS chemicals have been intentionally added; requiring the 24 2 HOUSE BILL 275
Department of the Environment and the Maryland Department of Health jointly to 1
prepare, in coordination with certain entities, and submit to the General Assembly 2
a certain PFAS Action Plan; and generally relating to PFAS chemicals. 3
BY repealing and reenacting, with amendments, 4
Article – Environment 5
Section 6–1601 and 6–1603 6
Annotated Code of Maryland 7
(2013 Replacement Volume and 2021 Supplement) 8
BY repealing 9
Article – Environment 10
Section 6–1602 and 6–1604 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Environment 15
Section 6–1602, 6–1604, and 6–1604.1 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Environment 20
Section 6–1605 21
Annotated Code of Maryland 22
(2013 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Environment 25
Section 9–1901 through 9–1905 26
Annotated Code of Maryland 27
(2014 Replacement Volume and 2021 Supplement) 28
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 29
That the Laws of Maryland read as follows: 30
Article – Environment 31
6–1601. 32
(a) In this subtitle the following words have the meanings indicated. 33
(b) “Class B fire–fighting foam” OR “FOAM” means a foam designed for 34
flammable liquid fire. 35
HOUSE BILL 275 3
(C) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 1
CHEMICAL IN THE FORM ATION OF A PRODUCT W HERE THE CHEMICAL ’S CONTINUED 2
PRESENCE IS DESIRED IN THE PRODU CT TO PROVIDE A SPEC IFIC CHARACTERISTIC . 3
(D) “PERSONAL PROTECTIVE E QUIPMENT” MEANS ITEMS DESIGNED , 4
INTENDED, OR MARKETED TO BE WO RN BY FIRE–FIGHTING PERSONNEL I N THE 5
PERFORMANCE OF THEIR FIRE AND RESCUE ACTI VITIES, INCLUDING JACKETS , 6
PANTS, SHOES, GLOVES, HELMETS, AND RESPIRATORY EQUI PMENT. 7
[(c)] (E) “PFAS chemicals” means, WHEN USED IN FIRE –FIGHTING AGENTS , 8
FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , a class of 9
fluorinated organic chemicals that[: 10
(1) Contain] CONTAIN at least one fully fluorinated carbon atom, including 11
perfluoroalkyl and polyfluoroalkyl substances[; and 12
(2) Are designed to be fully functional in Class B fire–fighting foam 13
formulations]. 14
(F) “RUG OR CARPET ” MEANS A THICK FABRIC USED TO CO VER A FLOOR, 15
INCLUDING: 16
(1) COMMERCIAL OR RESIDEN TIAL BROADLOOM CARPE T; AND 17
(2) A PAD OR AN UNDERLAYME NT USED IN CONJUNCTI ON WITH A 18
CARPET. 19
(G) “TERMINAL” MEANS: 20
(1) A BULK LIQUID STORAGE FACILITY EXCLUSIVELY ENGAGED IN 21
THE MERCHANT WHOLESA LE DISTRIBUTION OF PETR OLEUM PRODUCTS , 22
INCLUDING LIQUEFIED PETROLEUM GAS , THAT CONTAINS AT LEA ST ONE STORAGE 23
TANK CONTAINING PETR OLEUM PRODUCTS WITH A SURFACE AREA OF 120 SQUARE 24
METERS OR GREATER ; OR 25
(2) A FACILITY ENGAGED IN THE DISTRIBUTION OF CRUDE 26
PETROLEUM FROM EXTRACTIO N OR PROCESSING FACI LITIES THAT INCLUDES AT 27
LEAST ONE STORAGE TA NK CONTAINING CRUDE PETROLEUM WITH A SUR FACE AREA 28
OF 120 SQUARE METERS OR GRE ATER. 29
[6–1602. 30
(a) This subtitle does not apply to fire –fighting foams used at the 31
Baltimore–Washington International Thurgood Marshall Airport. 32
4 HOUSE BILL 275
(b) This subtitle does not restrict: 1
(1) The manufacture, sale, or distribution of Class B fire–fighting foam 2
that contains intentionally added PFAS chemicals; or 3
(2) The discharge or other use of Class B fire–fighting foam that contains 4
intentionally added PFAS chemicals in emergency fire–fighting or fire prevention 5
operations.] 6
6–1602. 7
THE DEPARTMENT MAY SHALL ADOPT REGULATIONS TO CARRY OUT THIS 8
SUBTITLE. 9
6–1603. 10
(A) [On or after October 1, 2021,] EXCEPT AS PROVIDED IN SUBSECTION 11
SUBSECTIONS (B) AND (C) OF THIS SECTION, ON OR AFTER JANUARY 1, 2023, 2024, 12
A PERSON MAY NOT USE , MANUFACTURE , OR KNOWINGLY SELL , OFFER FOR SALE , 13
OR DISTRIBUTE FOR SA LE OR USE Class B fire–fighting foam that contains intentionally 14
added PFAS chemicals [may not be used for: 15
(1) Testing purposes, including calibration testing, conformance testing, 16
and fixed–system testing unless: 17
(i) The use is required by law or by the agency having jurisdiction 18
over the testing facility; and 19
(ii) The testing facility has implemented appropriate containment, 20
treatment, and disposal measures to prevent releases of foam into the environment; or 21
(2) Training purposes] IN THE STATE. 22
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, A PERSON MAY USE , 23
MANUFACTURE , SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SA LE OR USE CLASS B 24
FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS 25
IN THE STATE: 26
(1) ON OR BEFORE SEPTEMBER 30, 2024, IF THE FIRE–FIGHTING 27
FOAM WILL BE USED AT AN AIRPORT , A PORT, A REFINERY, OR A CHEMICAL PLANT ; 28
(2) ON OR BEFORE DECEMBER 31, 2027, IF THE FIRE–FIGHTING 29
FOAM WILL BE USED AT A TERMINAL; AND 30
HOUSE BILL 275 5
(3) ON OR BEFORE ANY APPL ICABLE DATE SPECIFIE D IN FEDERAL 1
LAW, IF THE FIRE–FIGHTING FOAM WILL BE USED BY A PERSON THAT IS REQUIRED 2
TO USE CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED 3
PFAS CHEMICALS. 4
(B) (C) (1) A PERSON THAT IS AUTHO RIZED UNDER FEDERAL LAW 5
SUBSECTION (B) OF THIS SECTION TO USE CLASS B FIRE–FIGHTING FOAM THAT 6
CONTAINS INTENTIONALLY A DDED PFAS CHEMICALS: 7
(I) MAY NOT RELEASE THE F OAM DIRECTLY INTO TH E 8
ENVIRONMENT , INCLUDING THROUGH UN SEALED GROUND , SOAKAGE PITS , 9
WATERWAYS , OR UNCONTROLLED DRAI NS; AND 10
(II) SHALL: 11
1. FULLY CONTAIN ALL REL EASES ON SITE; 12
2. IMPLEMENT CONTAINMENT MEASURES, INCLUDING 13
BUNDS AND PONDS , THAT ARE CONTROLLED AND IMPERVIOUS TO PFAS 14
CHEMICALS AND DO NOT ALLOW FIREWATER , WASTEWATER , RUNOFF, AND OTHER 15
WASTES TO BE RELEASE D INTO THE ENVIRONME NT, INCLUDING SOILS , 16
GROUNDWATER , WATERWAYS , AND STORMWATER ; 17
3. DISPOSE OF ALL FIREWA TER, WASTEWATER , RUNOFF, 18
AND OTHER WASTES IN A WAY THAT PREVENTS RELEASES INTO THE EN VIRONMENT; 19
4. WITHIN 5 DAYS AFTER A RELEASE IN VIOLATION OF 20
ITEM (I) OF THIS PARAGRAPH , REPORT THE RELEASE T O THE DEPARTMENT , 21
INCLUDING INFORMATIO N ON THE IDENTITY OF THE FOAM, THE QUANTITY USED , 22
THE TOTAL PFAS CONCENTRATION , AND THE FORM OF ANY WASTE THAT CONTAINS 23
PFAS CHEMICALS; AND 24
5. MAINTAIN DOCUMENTATIO N ON ANY MEASURES 25
TAKEN UNDER THIS PAR AGRAPH. 26
(2) (I) IN INVESTIGATING COMP LIANCE WITH THIS SUB SECTION, 27
THE DEPARTMENT , THE ATTORNEY GENERAL, A STATE’S ATTORNEY FOR A COUNTY 28
OR BALTIMORE CITY, A COUNTY ATTORNEY , OR A CITY ATTORNEY MAY REQUEST 29
DOCUMENTATION MAINTA INED UNDER PARAGRAPH (1) OF THIS SUBSEC TION. 30
(II) A PERSON THAT RECEIVES A REQUEST UNDER 31
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE THE DOCU MENTATION ON 32
REQUEST. 33
6 HOUSE BILL 275
(3) A FAILURE TO MEET THE REQUIREMENTS OF PARA GRAPH (1) OR 1
(2) OF THIS SUBSECTION D OES NOT PRECLUDE THE USE OF CLASS B FIRE–FIGHTING 2
FOAM CONTAINING INTE NTIONALLY ADDED PFAS CHEMICALS IF THE FAI LURE WAS 3
A RESULT OF FACTORS BEYOND THE CONTROL O F THE PERSON. 4
(C) (D) (1) IF A PERSON SELLS PER SONAL PROTECTIVE EQU IPMENT 5
FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS IN THE STATE, THE PERSON 6
SHALL PROVIDE WRITTE N NOTICE TO THE PURC HASER AT THE TIME OF THE SALE 7
THAT INCLUDES : 8
(I) A STATEMENT THAT THE P ERSONAL PROTECTIVE 9
EQUIPMENT CONTAINS PFAS CHEMICALS; AND 10
(II) THE REASON THAT THE P ERSONAL PROTECTIVE 11
EQUIPMENT CONTAINS PFAS CHEMICALS. 12
(2) BOTH THE PERSON SELLI NG PERSONAL PROTECTI VE EQUIPMENT 13
FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS AND THE PU RCHASER OF 14
THE PERSONAL PROTECT IVE EQUIPMENT SHALL RETAIN THE NOTICE UN DER 15
PARAGRAPH (1) OF THIS SUBSECTION F OR AT LEAST 3 YEARS AFTER THE DATE OF 16
THE SALE. 17
(E) (1) ON REQUEST OF A FIRE DEPARTMENT IN THE STATE, THE 18
DEPARTMENT SHALL PURC HASE FROM THE FIRE D EPARTMENT CLASS B 19
FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS 20
FOR THE PRICE THAT T HE FIRE DEPAR TMENT PAID WHEN IT P URCHASED THE 21
FIRE–FIGHTING FOAM . 22
(2) THE DEPARTMENT SHALL DISP OSE OF FIRE–FIGHTING FOAM 23
PURCHASED UNDER THIS SUBSECTION IN A MANN ER CONSISTENT WITH T HIS 24
SUBTITLE. 25
(3) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 26
ANNUAL BUDGET BILL AN APPRO PRIATION OF $500,000 TO THE DEPARTMENT FOR 27
THE PURPOSE OF PURCH ASING FIRE–FIGHTING FOAM UNDER THIS SECTION. 28
[6–1604. 29
Nonfluorinated training foam shall be used for purposes of fire–fighting training.] 30
6–1604. 31
A PERSON MAY NOT DISPOSE OF A CLASS B FIRE–FIGHTING FOAM THAT 32
CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: 33 HOUSE BILL 275 7
(1) USING INCINERATION , INCLUDING BY BURNING , COMBUSTION , 1
PYROLYSIS, GASIFICATION, THERMAL OXIDATION , ACID RECOVERY FURNAC E OR 2
OXIDIZER, ORE ROASTER , CEMENT KILN , LIGHTWEIGHT AGGREGAT E KILN, 3
INDUSTRIAL FURNACE B OILER, AND PROCESS HEATER ; OR 4
(2) IN A LANDFILL. 5
6–1604.1. 6
(A) THIS SECTION DOES NOT APPLY TO THE SALE OR RESALE OF A USED RUG 7
OR CARPET. 8
(B) ON OR AFTER JANUARY 1, 2023, 2024, A PERSON MAY NOT 9
MANUFACTURE, MANUFACTURE OR KNOWINGLY SELL, OFFER FOR SALE , OR 10
DISTRIBUTE FOR SALE OR USE IN THE STATE A RUG OR CARPET TO WHICH PFAS 11
CHEMICALS HAVE BEEN INTENTIONALLY ADDED . 12
(C) (1) A PERSON THAT MANUFACTURES , SELLS, OFFERS FOR SALE , OR 13
DISTRIBUTES MANUFACTURES A RUG O R CARPET FOR SALE OR USE IN T HE STATE A 14
RUG OR CARPET SHALL ESTABLISH A CE RTIFICATE OF COMPLIA NCE TO ATTEST 15
THAT THE RUG OR CARP ET IS IN COMPLIANCE WITH THE REQUIREMENT S OF THIS 16
SECTION. 17
(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT, A 18
PERSON SHALL PROVIDE THE CERTIFICATE OF C OMPLIANCE ESTABLISHE D UNDER 19
PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . 20
6–1605. 21
A person who violates this subtitle is subject to: 22
(1) For a first violation, a civil penalty not exceeding $500; and 23
(2) For a second or subsequent violation, a civil penalty not exceeding 24
$1,000. 25
9–1901. 26
(a) In this subtitle the following words have the meanings indicated. 27
(b) “Distributor” means any person that: 28
(1) Sells a packaged product to a retailer; or 29
8 HOUSE BILL 275
(2) Receives a shipment or consignment of, or in any other manner 1
acquires, packaged products for distribution to a retailer for: 2
(i) Sale to a consumer; or 3
(ii) Promotional purposes. 4
(C) “FOOD PACKAGE ” MEANS A PACKAGE THAT IS DESIGNED AND INTENDED 5
FOR DIRECT FOOD CONT ACT AND IS COMPOSED , IN SUBSTANTIAL PART , OF PAPER, 6
PAPERBOARD , OR OTHER MATERIALS O RIGINALLY DERIVED FR OM PLANT FIBERS , 7
INCLUDING: 8
(1) A FOOD OR BEVERAGE PRO DUCT THAT IS CONTAIN ED IN A FOOD 9
PACKAGE OR TO WHICH A FOOD PACKAGE IS APPLI ED; 10
(2) A PACKAGING COMPONENT OF A FOOD PACKAGE ; AND 11
(3) PLASTIC DISPOSABLE GL OVES USED IN COMMERC IAL OR 12
INSTITUTIONAL FOOD S ERVICE. 13
(D) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 14
CHEMICAL IN THE FORM ATION OF A PACKAGE OR PACKAGING COMPONENT WHEN 15
THE CHEMICAL ’S CONTINUED PRESENCE IS DESIRED IN THE FI NAL PACKAGE OR 16
PACKAGING COMPONENT TO PROVIDE A SPECIFI C CHARACTERISTIC . 17
[(c)] (E) (1) “Manufacturer” means any person that manufactures a package 18
or packaging component. 19
(2) “Manufacturer” includes any person that sells a package or packaging 20
component to a distributor. 21
[(d)] (F) (1) “Package” means a container used to market, protect, or handle 22
a product. 23
(2) “Package” includes: 24
(i) A unit package, an intermediate package, and a shipping 25
container as defined by the American Society for Testing and Materials; and 26
(ii) An unsealed receptacle such as a carrying case, crate, cup, pail, 27
rigid foil or other tray, wrap, wrapping film, bag, and tub. 28
[(e)] (G) (1) “Packaging component” means any individual assembled part of 29
a package. 30
HOUSE BILL 275 9
(2) “Packaging component” includes any interior or exterior blocking, 1
bracing, cushioning, weatherproofing, coating, closure, label, ink, dye, pigment, adhesive, 2
or any other additive. 3
(3) “Packaging component” does not include any package or packaging 4
component that contains cadmium and is intended for reuse more than 5 times. 5
(H) “PFAS CHEMICALS” MEANS, WHEN USED IN FIRE –FIGHTING AGENTS , 6
FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING, AND RUGS AND CARPETS , A CLASS 7
OF FLUORINATED ORGAN IC CHEMICALS THAT CO NTAIN AT LEAST ONE F ULLY 8
FLUORINATED CARBON A TOM, INCLUDING PERFLUOROA LKYL AND 9
POLYFLUOROALKYL SUBS TANCES. 10
9–1902. 11
(a) Except as provided in §§ 9–1903 and 9–1904 of this subtitle, on or after July 12
1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional 13
purposes any package or packaging component or any product in a package or packaging 14
component to which any of the following was intentionally added during manufacture or 15
distribution: 16
(1) Lead; 17
(2) Cadmium; 18
(3) Mercury; or 19
(4) Hexavalent chromium. 20
(b) The sum of the concentration levels of lead, cadmium, mercury, and 21
hexavalent chromium incidentally present in a package or packaging component may not 22
exceed: 23
(1) By July 1, 1993, 600 parts per million by weight or 0.06%; 24
(2) By July 1, 1994, 250 parts per million by weight or 0.025%; and 25
(3) By July 1, 1995, 100 parts per million by weight or 0.01%. 26
(c) Tin plated steel that meets the American Society for Testing and Materials 27
Specification A–623 shall be considered a single packaging component. 28
(D) ON OR AFTER JANUARY 1, 2023, 2024, A MANUFACTURER OR 29
DISTRIBUTOR MAY NOT MANUFACTURE , OR KNOWINGLY SELL, OFFER FOR SALE , OR 30
DISTRIBUTE FOR SALE OR USE IN THE STATE A FOOD PACKAGE OR FOOD PACKAGING 31
COMPONENT TO WHICH PFAS CHEMICALS WERE INTEN TIONALLY ADDED . 32 10 HOUSE BILL 275
9–1903. 1
The provisions of § 9–1902(A) THROUGH (C) OF this subtitle do not apply to: 2
(1) If it contains a code indicating the date of manufacture, a package or 3
packaging component that was manufactured prior to July 1, 1993; 4
(2) Until July 1, 1997, a package and packaging component that would not 5
exceed the concentration levels set forth in § 9–1902 of this subtitle but for the addition of 6
recycled materials; 7
(3) A package or packaging component conditionally exempt under § 8
9–1904 of this subtitle; and 9
(4) Any alcoholic beverage bottled before October 1, 1992. 10
9–1904. 11
(a) A manufacturer or distributor of a package or packaging component may 12
submit to the Department an application for a conditional exemption from the provisions 13
of § 9–1902(A) THROUGH (C) OF this subtitle. 14
(b) On the written application of a manufacturer or distributor, the Department 15
may grant a conditional exemption if the Department finds that: 16
(1) In order to comply with a health or safety requirement of federal law, 17
lead, cadmium, mercury, or hexavalent chromium have been added to the package or 18
packaging component in the manufacturing, forming, printing, or distribution process; or 19
(2) The regulated substance is essential to the protection, safe handling, or 20
function of the package contents. 21
(c) A conditional exemption granted under this section: 22
(1) Expires 2 years after the date the Department grants the exemption; 23
and 24
(2) If the manufacturer or distributor meets the criteria under subsection 25
(b) of this section, may be renewed for additional periods of 2 years. 26
9–1905. 27
(a) To enforce the provisions of this subtitle, the Department may: 28
HOUSE BILL 275 11
(1) Notify a manufacturer that there are grounds for suspecting that a 1
package or packaging component produced by the manufacturer may not be in compliance 2
with the provisions of this subtitle; and 3
(2) Request the manufacturer to certify that the package or packaging 4
component is in compliance, INCLUDING BY REQUEST ING THE MANUFACTURER ’S 5
CERTIFICATE OF COMPL IANCE ESTABLISHED UN DER SUBSECTION (C) OF THIS 6
SECTION. 7
(b) If the manufacturer certifies that the package or packaging component is 8
exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis 9
on which the exemption is claimed. 10
(C) (1) A MANUFACTURER OR DISTRIBUTOR THAT MANUFACTURES , 11
SELLS, OFFERS FOR SALE , OR DISTRIBUTES FOR U SE IN THE STATE A FOOD PACKAGE 12
OR FOOD PACKAGING CO MPONENT SHALL ESTABL ISH A CERTIFICATE OF 13
COMPLIANCE TO ATTEST THAT THE FOOD PACKAG E OR FOOD PACKAGING 14
COMPONENT IS IN COMP LIANCE WITH THE REQU IREMENTS OF § 9–1902(D) OF THIS 15
SUBTITLE. 16
(2) WITHIN 30 DAYS AFTE R A REQUEST BY THE DEPARTMENT , A 17
MANUFACTURER SHALL P ROVIDE THE CERTIFICA TE OF COMPLIANCE EST ABLISHED 18
UNDER PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . 19
[(c)] (D) If the manufacturer OR DISTRIBUTOR fails to certify that the package 20
or packaging component is in compliance or is exempt, the Department may seek an 21
injunction under § 9–1906 of this subtitle to require the manufacturer OR DISTRIBUTOR 22
to withdraw the package or packaging component in question from sale or promotional use 23
within the State. 24
SECTION 2. AND BE IT FURTHER ENACTED, That: 25
(a) On or before December 31, 2022, the Department of the Environment shall 26
report to the General Assembly, in accordance with § 2–1257 of the State Government 27
Article, on: 28
(1) the location and results of any testing for PFAS chemicals, as defined 29
in § 6–1601 of the Environment Article, that the Department has conducted on waters of 30
the State; 31
(2) any plan the Department has for further testing for PFAS chemicals in 32
waters of the State; and 33
(3) any plan the Department has for remediation and public education in 34
areas where the water has been found to be contaminated by PFAS chemicals. 35
12 HOUSE BILL 275
(b) On or before December 31, 2023, the Department of the Environment and the 1
Maryland Department of Health jointly shall prepare, in coordination with other relevant 2
State agencies, the federal government, local governments, and the public, and submit to 3
the General Assembly, in accordance with § 2–1257 of the State Government Article, a 4
PFAS Action Plan to identify strategies, actions, and funding alternatives to: 5
(1) minimize environmental exposure to PFAS chemicals for Maryland 6
residents, in addition to regulating its use in fire–fighting foam, food packaging and food 7
packaging components, rugs, and carpets; 8
(2) minimize future releases of PFAS chemicals into the environment; 9
(3) identify, assess, and clean up historical releases of PFAS chemicals in 10
Maryland; 11
(4) assess any concerns related to environmental justice, health equity, and 12
PFAS chemical contamination; and 13
(5) educate and communicate to Maryland residents the risks associated 14
with PFAS chemicals. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2022. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.