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.
Italics indicate opposite chamber/conference committee amendments.
*hb0275*
HOUSE BILL 275
M3, J1 (2lr1318)
ENROLLED BILL
— Health and Government Operations/Education, Health, and Environmental
Affairs —
Introduced by Delegates Love, Rogers, Bagnall, Clark, Crosby, Hill, Jackson,
Korman, Lehman, and R. Lewis
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 275
certain use of a certain foam under certain circumstances; establishing requirements 1
that apply to the sale of certain personal protective equipment that contains PFAS 2
chemicals; establishing a process by which the Department purchases takes back and 3
disposes of certain fire–fighting foam; prohibiting a person from disposing of a 4
certain foam in a certain manner; prohibiting a certain person, on or after a certain 5
date, from manufacturing, or knowingly selling, offering for sale, or distributing for 6
sale or use in the State a certain rug or carpet to which PFAS chemicals have been 7
intentionally added for certain purposes; prohibiting a certain manufacturer or 8
distributor, on or after a certain date, from manufacturing, or knowingly selling, 9
offering for sale, or distributing for sale or use in the State a certain food package or 10
food packaging component to which PFAS chemicals have been intentionally added; 11
requiring the Department of the Environment and the Maryland Department of 12
Health jointly to prepare, in coordination with certain entities, and submit to the 13
General Assembly a certain PFAS Action Plan; and generally relating to PFAS 14
chemicals. 15
BY repealing and reenacting, with amendments, 16
Article – Environment 17
Section 6–1601 and 6–1603 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2021 Supplement) 20
BY repealing 21
Article – Environment 22
Section 6–1602 and 6–1604 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2021 Supplement) 25
BY adding to 26
Article – Environment 27
Section 6–1602, 6–1604, and 6–1604.1 28
Annotated Code of Maryland 29
(2013 Replacement Volume and 2021 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Environment 32
Section 6–1605 33
Annotated Code of Maryland 34
(2013 Replacement Volume and 2021 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – Environment 37
Section 9–1901 through 9–1905 38
Annotated Code of Maryland 39
(2014 Replacement Volume and 2021 Supplement) 40
HOUSE BILL 275 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Environment 3
6–1601. 4
(a) In this subtitle the following words have the meanings indicated. 5
(b) “Class B fire–fighting foam” OR “FOAM” means a foam designed for 6
flammable liquid fire. 7
(C) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 8
CHEMICAL IN THE FORM ATION OF A PRODUCT W HERE THE CHEMICAL ’S CONTINUED 9
PRESENCE IS DESIRED IN THE PRODUCT TO PR OVIDE A SPECIFIC CHA RACTERISTIC. 10
(D) “PERSONAL PROTECTIVE E QUIPMENT” MEANS ITEMS DESIGNED , 11
INTENDED, OR MARKETED TO BE WO RN BY FIRE–FIGHTING PERSONNEL I N THE 12
PERFORMANCE OF THEIR FIRE AND RESCUE ACTI VITIES, INCLUDING JACKETS , 13
PANTS, SHOES, GLOVES, HELMETS, AND RESPIRATORY EQUI PMENT. 14
[(c)] (E) “PFAS chemicals” means, WHEN USED IN FIRE –FIGHTING AGENTS , 15
FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , a class of 16
fluorinated organic chemicals that[: 17
(1) Contain] CONTAIN at least one fully fluorinated carbon atom, including 18
perfluoroalkyl and polyfluoroalkyl substances[; and 19
(2) Are designed to be fully functional in Class B fire–fighting foam 20
formulations]. 21
(F) “RUG OR CARPET ” MEANS A THICK FABRIC USED TO COVER A FL OOR, 22
INCLUDING: 23
(1) COMMERCIAL OR RESIDEN TIAL BROADLOOM CARPE T; AND 24
(2) A PAD OR AN UNDERLAYME NT USED IN CONJUNCTI ON WITH A 25
CARPET. 26
(G) “TERMINAL” MEANS: 27
(1) A BULK LIQUID STORAGE FACILITY EXCLUSIVELY ENGAGED IN 28
THE MERCHANT WHOLESA LE DISTRIBUTI ON OF PETROLEUM PROD UCTS, 29
INCLUDING LIQUEFIED PETROLEUM GAS , THAT CONTAINS AT LEA ST ONE STORAGE 30 4 HOUSE BILL 275
TANK CONTAINING PETR OLEUM PRODUCTS WITH A SURFACE AREA OF 120 SQUARE 1
METERS OR GREATER ; OR 2
(2) A FACILITY ENGAGED IN THE DISTRIBUTION OF CRUDE 3
PETROLEUM FROM EXTRACTION OR PROCES SING FACILITIES THAT INCLUDES AT 4
LEAST ONE STORAGE TA NK CONTAINING CRUDE PETROLEUM WITH A SUR FACE AREA 5
OF 120 SQUARE METERS OR GRE ATER. 6
[6–1602. 7
(a) This subtitle does not apply to fire –fighting foams used at the 8
Baltimore–Washington International Thurgood Marshall Airport. 9
(b) This subtitle does not restrict: 10
(1) The manufacture, sale, or distribution of Class B fire–fighting foam 11
that contains intentionally added PFAS chemicals; or 12
(2) The discharge or other use of Class B fire–fighting foam that contains 13
intentionally added PFAS chemicals in emergency fire–fighting or fire prevention 14
operations.] 15
6–1602. 16
THE DEPARTMENT MAY SHALL ADOPT REGULATIONS TO CARRY OUT THIS 17
SUBTITLE. 18
6–1603. 19
(A) [On or after October 1, 2021,] EXCEPT AS PROVIDED IN SUBSECTION 20
SUBSECTIONS (B) AND (C) OF THIS SECTION, ON OR AFTER JANUARY 1, 2023, 2024, 21
A PERSON MAY NOT USE , MANUFACTURE , OR KNOWINGLY SELL , OFFER FOR SALE , 22
OR DISTRIBUTE FOR SA LE OR USE Class B fire–fighting foam that contains intentionally 23
added PFAS chemicals [may not be used for: 24
(1) Testing purposes, including calibration testing, conformance testing, 25
and fixed–system testing unless: 26
(i) The use is required by law or by the agency having jurisdiction 27
over the testing facility; and 28
(ii) The testing facility has implemented appropriate containment, 29
treatment, and disposal measures to prevent releases of foam into the environment; or 30
(2) Training purposes] IN THE STATE. 31 HOUSE BILL 275 5
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A PERSON MAY USE , 1
MANUFACTURE , SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SA LE OR USE CLASS B 2
FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS 3
IN THE STATE: 4
(1) ON OR BEFORE SEPTEMBER 30, 2024, IF THE FIRE–FIGHTING 5
FOAM WILL BE USED AT AN AIRPORT, A PORT, A REFINERY, OR A CHEMICAL PLANT ; 6
(2) ON OR BEFORE DECEMBER 31, 2027, IF THE FIRE–FIGHTING 7
FOAM WILL BE USED AT A TERMINAL; AND 8
(3) ON OR BEFORE ANY APPL ICABLE DATE SPECIFIE D IN FEDERAL 9
LAW, IF THE FIRE–FIGHTING FOAM WILL B E USED BY A PERSON T HAT IS REQUIRED 10
TO USE CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED 11
PFAS CHEMICALS. 12
(B) (C) (1) A PERSON THAT IS AUTHO RIZED UNDER FEDERAL LAW 13
SUBSECTION (B) OF THIS SECTION TO USE CLASS B FIRE–FIGHTING FOAM THAT 14
CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: 15
(I) MAY NOT RELEASE THE F OAM DIRECTLY INTO TH E 16
ENVIRONMENT , INCLUDING THROUGH UN SEALED GROUND , SOAKAGE PITS , 17
WATERWAYS , OR UNCONTROLLED DRAI NS; AND 18
(II) SHALL: 19
1. FULLY CONTAIN ALL REL EASES ON SITE; 20
2. IMPLEMENT CONTAINMENT MEASURES, INCLUDING 21
BUNDS AND PONDS , THAT ARE CONTROLLED AND IMPERVIOUS TO PFAS 22
CHEMICALS AND DO NOT ALLOW FIREWATER , WASTEWATER , RUNOFF, AND OTHER 23
WASTES TO BE RELEASE D INTO THE ENVIRO NMENT, INCLUDING SOILS , 24
GROUNDWATER , WATERWAYS , AND STORMWATER ; 25
3. DISPOSE OF ALL FIREWA TER, WASTEWATER , RUNOFF, 26
AND OTHER WASTES IN A WAY THAT PREVENTS RELEASES INTO THE EN VIRONMENT; 27
4. WITHIN 5 DAYS AFTER A RELEASE IN VIOLATION OF 28
ITEM (I) OF THIS PARAGRAPH , REPORT THE RELEASE T O THE DEPARTMENT , 29
INCLUDING INFORMATIO N ON THE IDENTITY OF THE FOAM, THE QUANTITY USED , 30
THE TOTAL PFAS CONCENTRATION , AND THE FORM OF ANY WASTE THAT CONTAINS 31
PFAS CHEMICALS; AND 32
6 HOUSE BILL 275
5. MAINTAIN DOCUMENTATIO N ON ANY MEAS URES 1
TAKEN UNDER THIS PAR AGRAPH. 2
(2) (I) IN INVESTIGATING COMP LIANCE WITH THIS SUB SECTION, 3
THE DEPARTMENT , THE ATTORNEY GENERAL, A STATE’S ATTORNEY FOR A COUNTY 4
OR BALTIMORE CITY, A COUNTY ATTORNEY , OR A CITY ATTORNEY MAY REQUEST 5
DOCUMENTATION MAINTA INED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 6
(II) A PERSON THAT RECEIVES A REQUEST UNDER 7
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE THE DOCU MENTATION ON 8
REQUEST. 9
(3) A FAILURE TO MEET THE REQUIREMENTS OF PARA GRAPH (1) OR 10
(2) OF THIS SUBSECTION DOES NOT PRECLUDE TH E USE OF CLASS B FIRE–FIGHTING 11
FOAM CONTAINING INTE NTIONALLY ADDED PFAS CHEMICALS IF THE FAI LURE WAS 12
A RESULT OF FACTORS BEYOND THE CONTROL O F THE PERSON. 13
(C) (D) (1) IF A PERSON SELLS PER SONAL PROTECTIVE EQU IPMENT 14
FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS IN THE STATE, THE PERSON 15
SHALL PROVIDE WRITTE N NOTICE TO THE PURC HASER AT THE TIME OF THE SALE 16
THAT INCLUDES : 17
(I) A STATEMENT THAT THE P ERSONAL PROTECTIVE 18
EQUIPMENT CONTAINS PFAS CHEMICALS; AND 19
(II) THE REASON THAT THE P ERSONAL PROTECTIVE 20
EQUIPMENT CONTAINS PFAS CHEMICALS. 21
(2) BOTH THE PERSON SELLI NG PERSONAL PROTECTI VE EQUIPMENT 22
FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS AND THE PU RCHASER OF 23
THE PERSONAL PROTECT IVE EQUIPMENT SHALL RETAIN THE NOTICE UN DER 24
PARAGRAPH (1) OF THIS SUBSECTION F OR AT LEAST 3 YEARS AFTER THE DATE OF 25
THE SALE. 26
(E) (1) ON REQUEST OF A FIRE DEPARTMENT IN THE STATE, THE 27
DEPARTMENT SHALL PURCHASE TAKE BACK FROM THE FIRE DEPART MENT CLASS 28
B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS 29
CHEMICALS FOR THE PRICE THAT T HE FIRE DEPARTMENT P AID WHEN IT 30
PURCHASED THE FIRE –FIGHTING FOAM . 31
(2) THE DEPARTMENT SHALL DISP OSE OF FIRE–FIGHTING FOAM 32
PURCHASED RECEIVED UNDER THIS SUBSECTIO N IN A MANNER CONSIS TENT WITH 33
THIS SUBTITLE. 34
HOUSE BILL 275 7
(3) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 1
ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 TO THE DEPARTMENT FOR 2
THE PURPOSE OF PURCHASING TAKING BACK AND DISP OSING OF FIRE–FIGHTING 3
FOAM UNDER THIS SECT ION. 4
[6–1604. 5
Nonfluorinated training foam shall be used for purposes of fire–fighting training.] 6
6–1604. 7
A PERSON MAY NOT DISPO SE OF A CLASS B FIRE–FIGHTING FOAM THAT 8
CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: 9
(1) USING INCINERATION , INCLUDING BY BURNING , COMBUSTION , 10
PYROLYSIS, GASIFICATION, THERMAL OXIDATION , ACID RECOVERY FURNAC E OR 11
OXIDIZER, ORE ROASTER , CEMENT KILN , LIGHTWEIGHT AGGREGAT E KILN, 12
INDUSTRIAL FURNACE B OILER, AND PROCESS HEATER ; OR 13
(2) IN A LANDFILL. 14
6–1604.1. 15
(A) THIS SECTION DOES NOT APPLY TO THE SALE OR RESALE OF A USED RUG 16
OR CARPET. 17
(B) ON OR AFTER JANUARY 1, 2023, 2024, A PERSON MAY NOT 18
MANUFACTURE , MANUFACTURE OR KNOWINGLY SELL, OFFER FOR SALE , OR 19
DISTRIBUTE FOR SALE OR USE IN THE STATE A RUG OR CARPET TO WHICH PFAS 20
CHEMICALS HAVE BEEN INTENTIONALLY ADDED . 21
(C) (1) A PERSON THAT MANUFACTURES , SELLS, OFFERS FOR SALE , OR 22
DISTRIBUTES MANUFACTURES A RUG O R CARPET FOR SALE OR USE IN T HE STATE A 23
RUG OR CARPET SHALL ESTABLISH A CE RTIFICATE OF COMPLIA NCE TO ATTEST 24
THAT THE RUG OR CARP ET IS IN COMPLIANCE WITH THE REQU IREMENTS OF THIS 25
SECTION. 26
(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A 27
PERSON SHALL PROVIDE THE CERTIFICATE OF C OMPLIANCE ESTABLISHE D UNDER 28
PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . 29
6–1605. 30
A person who violates this subtitle is subject to: 31 8 HOUSE BILL 275
(1) For a first violation, a civil penalty not exceeding $500; and 1
(2) For a second or subsequent violation, a civil penalty not exceeding 2
$1,000. 3
9–1901. 4
(a) In this subtitle the following words have the meanings indicated. 5
(b) “Distributor” means any person that: 6
(1) Sells a packaged product to a retailer; or 7
(2) Receives a shipment or consignment of, or in any other manner 8
acquires, packaged products for distribution to a retailer for: 9
(i) Sale to a consumer; or 10
(ii) Promotional purposes. 11
(C) “FOOD PACKAGE ” MEANS A PACKAGE THAT IS DESIGNED AND INTENDED 12
FOR DIRECT FOOD CONT ACT AND IS COMPOSED , IN SUBSTANTIAL PART , OF PAPER, 13
PAPERBOARD , OR OTHER MATERIALS O RIGINALLY DERIVED FR OM PLANT FIBERS , 14
INCLUDING: 15
(1) A FOOD OR BEVERAGE PRODUCT T HAT IS CONTAINED IN A FOOD 16
PACKAGE OR TO WHICH A FOOD PACKAGE IS AP PLIED; 17
(2) A PACKAGING COMPONENT OF A FOOD PACKAGE ; AND 18
(3) PLASTIC DISPOSABLE GL OVES USED IN COMMERC IAL OR 19
INSTITUTIONAL FOOD S ERVICE. 20
(D) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 21
CHEMICAL IN THE FORM ATION OF A PACKAGE O R PACKAGING COMPONEN T WHEN 22
THE CHEMICAL ’S CONTINUED PRESENCE IS DESIRED IN THE FI NAL PACKAGE OR 23
PACKAGING COMPONENT TO PROVIDE A SPECIFI C CHARACTERISTIC . 24
[(c)] (E) (1) “Manufacturer” means any person that manufactures a package 25
or packaging component. 26
(2) “Manufacturer” includes any person that sells a package or packaging 27
component to a distributor. 28
HOUSE BILL 275 9
[(d)] (F) (1) “Package” means a container used to market, protect, or handle 1
a product. 2
(2) “Package” includes: 3
(i) A unit package, an intermediate package, and a shipping 4
container as defined by the American Society for Testing and Materials; and 5
(ii) An unsealed receptacle such as a carrying case, crate, cup, pail, 6
rigid foil or other tray, wrap, wrapping film, bag, and tub. 7
[(e)] (G) (1) “Packaging component” means any individual assembled part of 8
a package. 9
(2) “Packaging component” includes any interior or exterior blocking, 10
bracing, cushioning, weatherproofing, coating, closure, label, ink, dye, pigment, adhesive, 11
or any other additive. 12
(3) “Packaging component” does not include any package or packaging 13
component that contains cadmium and is intended for reuse more than 5 times. 14
(H) “PFAS CHEMICALS” MEANS, WHEN USED IN FIRE –FIGHTING AGENTS , 15
FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , A CLASS 16
OF FLUORINATED ORGAN IC CHEMICALS THAT CO NTAIN AT LEAST ONE F ULLY 17
FLUORINATED CARBON A TOM, INCLUDING PERFLUOROA LKYL AND 18
POLYFLUOROALKYL S UBSTANCES. 19
9–1902. 20
(a) Except as provided in §§ 9–1903 and 9–1904 of this subtitle, on or after July 21
1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional 22
purposes any package or packaging component or any product in a package or packaging 23
component to which any of the following was intentionally added during manufacture or 24
distribution: 25
(1) Lead; 26
(2) Cadmium; 27
(3) Mercury; or 28
(4) Hexavalent chromium. 29
(b) The sum of the concentration levels of lead, cadmium, mercury, and 30
hexavalent chromium incidentally present in a package or packaging component may not 31
exceed: 32 10 HOUSE BILL 275
(1) By July 1, 1993, 600 parts per million by weight or 0.06%; 1
(2) By July 1, 1994, 250 parts per million by weight or 0.025%; and 2
(3) By July 1, 1995, 100 parts per million by weight or 0.01%. 3
(c) Tin plated steel that meets the American Society for Testing and Materials 4
Specification A–623 shall be considered a single packaging component. 5
(D) ON OR AFTER JANUARY 1, 2023, 2024, A MANUFACTURER OR 6
DISTRIBUTOR MAY NOT MANUFACTURE , OR KNOWINGLY SELL, OFFER FOR SALE , OR 7
DISTRIBUTE FOR SALE OR USE IN THE STATE A FOOD PACKAGE OR FOOD PACKAGING 8
COMPONENT DESIGNED AND INTENDE D FOR DIRECT FOOD CO NTACT TO WHICH 9
PFAS CHEMICALS WERE INTEN TIONALLY ADDED. 10
9–1903. 11
The provisions of § 9–1902(A) THROUGH (C) OF this subtitle do not apply to: 12
(1) If it contains a code indicating the date of manufacture, a package or 13
packaging component that was manufactured prior to July 1, 1993; 14
(2) Until July 1, 1997, a package and packaging component that would not 15
exceed the concentration levels set forth in § 9–1902 of this subtitle but for the addition of 16
recycled materials; 17
(3) A package or packaging component conditionally exempt under § 18
9–1904 of this subtitle; and 19
(4) Any alcoholic beverage bottled before October 1, 1992. 20
9–1904. 21
(a) A manufacturer or distributor of a package or packaging component may 22
submit to the Department an application for a conditional exemption from the provisions 23
of § 9–1902(A) THROUGH (C) OF this subtitle. 24
(b) On the written application of a manufacturer or distributor, the Department 25
may grant a conditional exemption if the Department finds that: 26
(1) In order to comply with a health or safety requirement of federal law, 27
lead, cadmium, mercury, or hexavalent chromium have been added to the package or 28
packaging component in the manufacturing, forming, printing, or distribution process; or 29
HOUSE BILL 275 11
(2) The regulated substance is essential to the protection, safe handling, or 1
function of the package contents. 2
(c) A conditional exemption granted under this section: 3
(1) Expires 2 years after the date the Department grants the exemption; 4
and 5
(2) If the manufacturer or distributor meets the criteria under subsection 6
(b) of this section, may be renewed for additional periods of 2 years. 7
9–1905. 8
(a) To enforce the provisions of this subtitle, the Department may: 9
(1) Notify a manufacturer that there are grounds for suspecting that a 10
package or packaging component produced by the manufacturer may not be in compliance 11
with the provisions of this subtitle; and 12
(2) Request the manufacturer to certify that the package or packaging 13
component is in compliance, INCLUDING BY REQUEST ING THE MANUFACTURER ’S 14
CERTIFICATE OF COMPLIANCE ESTABL ISHED UNDER SUBSECTI ON (C) OF THIS 15
SECTION. 16
(b) If the manufacturer certifies that the package or packaging component is 17
exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis 18
on which the exemption is claimed. 19
(C) (1) A MANUFACTURER OR DISTRIBUTOR THAT MANUFACTURES , 20
SELLS, OFFERS FOR SALE , OR DISTRIBUTES FOR U SE IN THE STATE A FOOD PACKAGE 21
OR FOOD PACKAGING CO MPONENT SHALL ESTABL ISH A CERTIFICATE OF 22
COMPLIANCE TO ATTEST THAT THE FOOD PACKAG E OR FOOD PACKAGING 23
COMPONENT IS IN COMP LIANCE WITH THE REQU IREMENTS OF § 9–1902(D) OF THIS 24
SUBTITLE. 25
(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A 26
MANUFACTURER SHALL P ROVIDE THE CERTIFICA TE OF COMPLIANCE EST ABLISHED 27
UNDER PARAGRAPH (1) OF THIS SUBSECTION TO THE DEPARTMENT . 28
[(c)] (D) If the manufacturer OR DISTRIBUTOR fails to certify that the package 29
or packaging component is in compliance or is exempt, the Department may seek an 30
injunction under § 9–1906 of this subtitle to require the manufacturer OR DISTRIBUTOR 31
to withdraw the package or packaging component in question from sale or promotional use 32
within the State. 33
SECTION 2. AND BE IT FURTHER ENACTED, That: 34 12 HOUSE BILL 275
(a) On or before December 31, 2022, the Department of the Environment shall 1
report to the General Assembly, in accordance with § 2–1257 of the State Government 2
Article, on: 3
(1) the location and results of any testing for PFAS chemicals, as defined 4
in § 6–1601 of the Environment Article, that the Department has conducted on waters of 5
the State; 6
(2) any plan the Department has for further testing for PFAS chemicals in 7
waters of the State; and 8
(3) any plan the Department has for remediation and public education in 9
areas where the water has been found to be contaminated by PFAS chemicals. 10
(b) On or before December 31, 2023, the Department of the Environment and the 11
Maryland Department of Health jointly shall prepare, in coordination with other relevant 12
State agencies, the federal government, local governments, and the public, and submit to 13
the General Assembly, in accordance with § 2–1257 of the State Government Article, a 14
PFAS Action Plan to identify strategies, actions, and funding alternatives to: 15
(1) minimize environmental exposure to PFAS chemicals for Maryland 16
residents, in addition to regulating its use in fire–fighting foam, food packaging and food 17
packaging components, rugs, and carpets; 18
(2) minimize future releases of PFAS chemicals into the environment; 19
(3) identify, assess, and clean up historical releases of PFAS chemicals in 20
Maryland; 21
(4) assess any concerns related to environmental justice, health equity, and 22
PFAS chemical contamination; and 23
(5) educate and communicate to Maryland residents the risks associated 24
with PFAS chemicals. 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
1, 2022. 27