Maryland 2022 Regular Session

Maryland House Bill HB275 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 138
2	1
3		-	– 1 –
4		-	Chapter 138
5		-	(House Bill 275)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0275
8	10
9		-	Environment – PFAS Chemicals – Prohibitions and Requirements
10		-	(George “Walter” Taylor Act)
	11	+	HOUSE BILL 275
	12	+	M3, J1 (2lr1318)
	13	+	ENROLLED BILL
	14	+	— Health and Government Operations/Education, Health, and Environmental
	15	+	Affairs —
	16	+	Introduced by Delegates Love, Rogers, Bagnall, Clark, Crosby, Hill, Jackson,
	17	+	Korman, Lehman, and R. Lewis
11	18
12		-	FOR the purpose of altering certain provisions of law establishing a certain prohibition on
13		-	certain uses of certain fire–fighting foam by prohibiting, on or after a certain date, a
14		-	person from using, manufacturing, or knowingly selling, offering for sale, or
15		-	distributing for sale or use certain fire–fighting foam in the State, subject to certain
16		-	exceptions; prohibiting a certain person from releasing certain foam into the
17		-	environment in a certain manner and requiring the person to take certain actions
18		-	and maintain certain documentation; providing for the process for the Department
19		-	of the Environment, the Attorney General, the State’s Attorney for a county or
20		-	Baltimore City, a county attorney, or a City Attorney to obtain certain compliance
21		-	information; providing that a failure to meet certain requirements does not preclude
22		-	certain use of a certain foam under certain circumstances; establishing requirements
23		-	that apply to the sale of certain personal protective equipment that contains PFAS
24		-	chemicals; establishing a process by which the Department purchases takes back and
25		-	disposes of certain fire–fighting foam; prohibiting a person from disposing of a
26		-	certain foam in a certain manner; prohibiting a certain person, on or after a certain
27		-	date, from manufacturing, or knowingly selling, offering for sale, or distributing for
28		-	sale or use in the State a certain rug or carpet to which PFAS chemicals have been
29		-	intentionally added for certain purposes; prohibiting a certain manufacturer or
30		-	distributor, on or after a certain date, from manufacturing, or knowingly selling,
31		-	offering for sale, or distributing for sale or use in the State a certain food package or
32		-	food packaging component to which PFAS chemicals have been intentionally added;
33		-	requiring the Department of the Environment and the Maryland Department of
34		-	Health jointly to prepare, in coordination with certain entities, and submit to the
35		-	General Assembly a certain PFAS Action Plan; and generally relating to PFAS
36		-	chemicals.
	19	+	Read and Examined by Proofreaders:
37	20
38		-	BY repealing and reenacting, with amendments,
39		-	Article – Environment
40		-	Section 6–1601 and 6–1603
41		-	Annotated Code of Maryland
42		-	(2013 Replacement Volume and 2021 Supplement)
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+	_______________________________________________
	24	+	Proofreader.
43	25
44		-	BY repealing
45		-	Article – Environment
46		-	Section 6–1602 and 6–1604
47		-	Annotated Code of Maryland
48		-	(2013 Replacement Volume and 2021 Supplement)
49		-	Ch. 138 2022 LAWS OF MARYLAND
	26	+	Sealed with the Great Seal and presented to the Governor, for his approval this
50	27
51		-	– 2 –
52		-	BY adding to
53		-	Article – Environment
54		-	Section 6–1602, 6–1604, and 6–1604.1
55		-	Annotated Code of Maryland
56		-	(2013 Replacement Volume and 2021 Supplement)
	28	+	_______ day of _______________ at ________________________ o’clock, ________M.
57	29
58		-	BY repealing and reenacting, without amendments,
59		-	Article – Environment
60		-	Section 6–1605
61		-	Annotated Code of Maryland
62		-	(2013 Replacement Volume and 2021 Supplement)
	30	+	______________________________________________
	31	+	Speaker.
63	32
64		-	BY repealing and reenacting, with amendments,
65		-	Article – Environment
66		-	Section 9–1901 through 9–1905
67		-	Annotated Code of Maryland
68		-	(2014 Replacement Volume and 2021 Supplement)
	33	+	CHAPTER ______
69	34
70		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
71		-	That the Laws of Maryland read as follows:
	35	+	AN ACT concerning 1
72	36
73		-	Article – Environment
	37	+	Environment – PFAS Chemicals – Prohibitions and Requirements 2
	38	+	(George “Walter” Taylor Act) 3
74	39
75		-	6–1601.
	40	+	FOR the purpose of altering certain provisions of law establishing a certain prohibition on 4
	41	+	certain uses of certain fire–fighting foam by prohibiting, on or after a certain date, a 5
	42	+	person from using, manufacturing, or knowingly selling, offering for sale, or 6
	43	+	distributing for sale or use certain fire–fighting foam in the State, subject to certain 7
	44	+	exceptions; prohibiting a certain person from releasing certain foam into the 8
	45	+	environment in a certain manner and requiring the person to take certain actions 9
	46	+	and maintain certain documentation; providing for the process for the Department 10
	47	+	of the Environment, the Attorney General, the State’s Attorney for a county or 11
	48	+	Baltimore City, a county attorney, or a City Attorney to obtain certain compliance 12
	49	+	information; providing that a failure to meet certain requirements does not preclude 13 2 HOUSE BILL 275
76	50
77		-	(a) In this subtitle the following words have the meanings indicated.
78	51
79		-	(b) “Class B fire–fighting foam” OR “FOAM” means a foam designed for
80		-	flammable liquid fire.
	52	+	certain use of a certain foam under certain circumstances; establishing requirements 1
	53	+	that apply to the sale of certain personal protective equipment that contains PFAS 2
	54	+	chemicals; establishing a process by which the Department purchases takes back and 3
	55	+	disposes of certain fire–fighting foam; prohibiting a person from disposing of a 4
	56	+	certain foam in a certain manner; prohibiting a certain person, on or after a certain 5
	57	+	date, from manufacturing, or knowingly selling, offering for sale, or distributing for 6
	58	+	sale or use in the State a certain rug or carpet to which PFAS chemicals have been 7
	59	+	intentionally added for certain purposes; prohibiting a certain manufacturer or 8
	60	+	distributor, on or after a certain date, from manufacturing, or knowingly selling, 9
	61	+	offering for sale, or distributing for sale or use in the State a certain food package or 10
	62	+	food packaging component to which PFAS chemicals have been intentionally added; 11
	63	+	requiring the Department of the Environment and the Maryland Department of 12
	64	+	Health jointly to prepare, in coordination with certain entities, and submit to the 13
	65	+	General Assembly a certain PFAS Action Plan; and generally relating to PFAS 14
	66	+	chemicals. 15
81	67
82		-	(C) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A
83		-	CHEMICAL IN THE FORM ATION OF A PRODUCT W HERE THE CHEMICAL ’S CONTINUED
84		-	PRESENCE IS DESIRED IN THE PRODUCT TO PR OVIDE A SPECIFIC CHA RACTERISTIC.
	68	+	BY repealing and reenacting, with amendments, 16
	69	+	Article – Environment 17
	70	+	Section 6–1601 and 6–1603 18
	71	+	Annotated Code of Maryland 19
	72	+	(2013 Replacement Volume and 2021 Supplement) 20
85	73
86		-	(D) “PERSONAL PROTECTIVE E QUIPMENT” MEANS ITEMS DESIGNED ,
87		-	INTENDED, OR MARKETED TO BE WO RN BY FIRE–FIGHTING PERSONNEL I N THE
88		-	PERFORMANCE OF THEIR FIRE AND RESCUE ACTI VITIES, INCLUDING JACKETS ,
89		-	PANTS, SHOES, GLOVES, HELMETS, AND RESPIRATORY EQUI PMENT.
	74	+	BY repealing 21
	75	+	Article – Environment 22
	76	+	Section 6–1602 and 6–1604 23
	77	+	Annotated Code of Maryland 24
	78	+	(2013 Replacement Volume and 2021 Supplement) 25
90	79
91		-	[(c)] (E) “PFAS chemicals” means, WHEN USED IN FIRE –FIGHTING AGENTS ,
92		-	FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , a class of
93		-	fluorinated organic chemicals that[:
	80	+	BY adding to 26
	81	+	Article – Environment 27
	82	+	Section 6–1602, 6–1604, and 6–1604.1 28
	83	+	Annotated Code of Maryland 29
	84	+	(2013 Replacement Volume and 2021 Supplement) 30
94	85
95		-	(1) Contain] CONTAIN at least one fully fluorinated carbon atom, including
96		-	perfluoroalkyl and polyfluoroalkyl substances[; and LAWRENCE J. HOGAN, JR., Governor Ch. 138
	86	+	BY repealing and reenacting, without amendments, 31
	87	+	Article – Environment 32
	88	+	Section 6–1605 33
	89	+	Annotated Code of Maryland 34
	90	+	(2013 Replacement Volume and 2021 Supplement) 35
97	91
98		-	– 3 –
	92	+	BY repealing and reenacting, with amendments, 36
	93	+	Article – Environment 37
	94	+	Section 9–1901 through 9–1905 38
	95	+	Annotated Code of Maryland 39
	96	+	(2014 Replacement Volume and 2021 Supplement) 40
	97	+	HOUSE BILL 275 3
99	98
100		-	(2) Are designed to be fully functional in Class B fire–fighting foam
101		-	formulations].
102	99
103		-	~~(F) “RUG~~ ~~OR CARPET ” MEANS A THICK FABRIC USED TO COVER A FLOOR~~,
104		-	~~INCLUDING~~:
	100	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	101	+	That the Laws of Maryland read as follows: 2
105	102
106		-	~~(1) COMMERCIAL OR RESIDEN TIAL BROADLOOM CARPE T; AND~~
	103	+	Article – Environment 3
107	104
108		-	(2) A PAD OR AN UNDERLAYME NT USED IN CONJUNCTI ON WITH A
109		-	CARPET.
	105	+	6–1601. 4
110	106
111		-	(G) ~~“TERMINAL” MEANS:~~
	107	+	(a) In this subtitle the following words have the meanings indicated. 5
112	108
113		-	(1) A BULK LIQUID STORAGE FACILITY EXCLUSIVELY ENGAGED IN
114		-	THE MERCHANT WHOLESA LE DISTRIBU TION OF PETROLEUM PR ODUCTS,
115		-	INCLUDING LIQUEFIED PETROLEUM GAS , THAT CONTAINS AT LEA ST ONE STORAGE
116		-	TANK CONTAINING PETR OLEUM PRODUCTS WITH A SURFACE AREA OF 120 SQUARE
117		-	METERS OR GREATER ; OR
	109	+	(b) “Class B fire–fighting foam” OR “FOAM” means a foam designed for 6
	110	+	flammable liquid fire. 7
118	111
119		-	(2) A FACILITY ENGAGED IN THE DISTRIBUTION OF CRUDE
120		-	PETROLEUM FR OM EXTRACTION OR PRO CESSING FACILITIES T HAT INCLUDES AT
121		-	LEAST ONE STORAGE TA NK CONTAINING CRUDE PETROLEUM WITH A SUR FACE AREA
122		-	OF 120 SQUARE METERS OR GRE ATER.
	112	+	(C) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 8
	113	+	CHEMICAL IN THE FORM ATION OF A PRODUCT W HERE THE CHEMICAL ’S CONTINUED 9
	114	+	PRESENCE IS DESIRED IN THE PRODUCT TO PR OVIDE A SPECIFIC CHA RACTERISTIC. 10
123	115
124		-	[6–1602.
	116	+	(D) “PERSONAL PROTECTIVE E QUIPMENT” MEANS ITEMS DESIGNED , 11
	117	+	INTENDED, OR MARKETED TO BE WO RN BY FIRE–FIGHTING PERSONNEL I N THE 12
	118	+	PERFORMANCE OF THEIR FIRE AND RESCUE ACTI VITIES, INCLUDING JACKETS , 13
	119	+	PANTS, SHOES, GLOVES, HELMETS, AND RESPIRATORY EQUI PMENT. 14
125	120
126		-	(a) This subtitle does not apply to fire –fighting foams used at the
127		-	Baltimore–Washington International Thurgood Marshall Airport.
	121	+	[(c)] (E) “PFAS chemicals” means, WHEN USED IN FIRE –FIGHTING AGENTS , 15
	122	+	FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , a class of 16
	123	+	fluorinated organic chemicals that[: 17
128	124
129		-	(b) This subtitle does not restrict:
	125	+	(1) Contain] CONTAIN at least one fully fluorinated carbon atom, including 18
	126	+	perfluoroalkyl and polyfluoroalkyl substances[; and 19
130	127
131		-	(1) ~~The manufacture,~~ ~~sale, or distribution of~~ Class B fire–fighting foam
132		-	~~that contains intentionally added PFAS chemicals; or~~
	128	+	(2) Are designed to be fully functional in Class B fire–fighting foam 20
	129	+	formulations]. 21
133	130
134		-	(2) The discharge or other use of Class B fire–fighting foam that contains
135		-	intentionally added PFAS chemicals in emergency fire–fighting or fire prevention
136		-	operations.]
	131	+	(F) “RUG OR CARPET ” MEANS A THICK FABRIC USED TO COVER A FL OOR, 22
	132	+	INCLUDING: 23
137	133
138		-	~~6–1602.~~
	134	+	(1) COMMERCIAL OR RESIDEN TIAL BROADLOOM CARPE T; AND 24
139	135
140		-	~~THE DEPARTMENT MAY SHALL ADOPT REGULATIONS TO CARRY OUT THIS~~
141		-	~~SUBTITLE~~.
	136	+	(2) A PAD OR AN UNDERLAYME NT USED IN CONJUNCTI ON WITH A 25
	137	+	CARPET. 26
142	138
143		-	~~6–1603. Ch.~~ ~~138~~ ~~2022 LAWS OF MARYLAND~~
	139	+	(G) “TERMINAL” MEANS: 27
144	140
145		-	– 4 –
	141	+	(1) A BULK LIQUID STORAGE FACILITY EXCLUSIVELY ENGAGED IN 28
	142	+	THE MERCHANT WHOLESA LE DISTRIBUTI ON OF PETROLEUM PROD UCTS, 29
	143	+	INCLUDING LIQUEFIED PETROLEUM GAS , THAT CONTAINS AT LEA ST ONE STORAGE 30 4 HOUSE BILL 275
146	144
147		-	(A) [On or after October 1, 2021,] EXCEPT AS PROVIDED IN SUBSECTION
148		-	SUBSECTIONS (B) AND (C) OF THIS SECTION, ON OR AFTER JANUARY 1, 2023, 2024,
149		-	A PERSON MAY NOT USE , MANUFACTURE , OR KNOWINGLY SELL , OFFER FOR SALE ,
150		-	OR DISTRIBUTE FOR SA LE OR USE Class B fire–fighting foam that contains intentionally
151		-	added PFAS chemicals [may not be used for:
152	145
153		-	(1~~) Testing purposes, including calibration testing, conformance testing,~~
154		-	~~and fixed–system testing unless:~~
	146	+	TANK CONTAINING PETR OLEUM PRODUCTS WITH A SURFACE AREA OF 120 SQUARE 1
	147	+	METERS OR GREATER ; OR 2
155	148
156		-	(i) The use is required by law or by the agency having jurisdiction
157		-	over the testing facility; and
	149	+	(2) A FACILITY ENGAGED IN THE DISTRIBUTION OF CRUDE 3
	150	+	PETROLEUM FROM EXTRACTION OR PROCES SING FACILITIES THAT INCLUDES AT 4
	151	+	LEAST ONE STORAGE TA NK CONTAINING CRUDE PETROLEUM WITH A SUR FACE AREA 5
	152	+	OF 120 SQUARE METERS OR GRE ATER. 6
158	153
159		-	(ii) The testing facility has implemented appropriate containment,
160		-	treatment, and disposal measures to prevent releases of foam into the environment; or
	154	+	[6–1602. 7
161	155
162		-	(2) Training purposes] IN THE STATE.
	156	+	(a) This subtitle does not apply to fire –fighting foams used at the 8
	157	+	Baltimore–Washington International Thurgood Marshall Airport. 9
163	158
164		-	(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A PERSON MAY USE ,
165		-	MANUFACTURE , SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SA LE OR USE CLASS B
166		-	FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS
167		-	IN THE STATE:
	159	+	(b) This subtitle does not restrict: 10
168	160
169		-	(1) ON OR ~~BEFORE SEPTEMBER 30,~~ ~~2024, IF THE~~ FIRE–FIGHTING
170		-	~~FOAM WILL BE USED AT AN AIRPORT, A PORT, A REFINERY,~~ OR ~~A CHEMICAL PLANT ;~~
	161	+	(1) The manufacture, sale, or distribution of Class B fire–fighting foam 11
	162	+	that contains intentionally added PFAS chemicals; or 12
171	163
172		-	(2) ON OR BEFORE DECEMBER 31, 2027, IF THE FIRE–FIGHTING
173		-	FOAM WILL BE USED AT A TERMINAL; AND
	164	+	(2) The discharge or other use of Class B fire–fighting foam that contains 13
	165	+	intentionally added PFAS chemicals in emergency fire–fighting or fire prevention 14
	166	+	operations.] 15
174	167
175		-	(3) ON OR BEFORE ANY APPL ICABLE DATE SPECIFIE D IN FEDERAL
176		-	LAW, IF THE FIRE–FIGHTING FOAM WILL B E USED BY A PERSON T HAT IS REQUIRED
177		-	TO USE CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED
178		-	PFAS CHEMICALS.
	168	+	6–1602. 16
179	169
180		-	(B) (C) (1) A PERSON THAT IS AUTHO RIZED UNDER FEDERAL LAW
181		-	SUBSECTION (B) OF THIS SECTION TO USE CLASS B FIRE–FIGHTING FOAM THAT
182		-	CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS:
	170	+	THE DEPARTMENT MAY SHALL ADOPT REGULATIONS TO CARRY OUT THIS 17
	171	+	SUBTITLE. 18
183	172
184		-	(I) MAY NOT RELEASE THE F OAM DIRECTLY INTO TH E
185		-	ENVIRONMENT , INCLUDING THROUGH UN SEALED GROUND , SOAKAGE PITS ,
186		-	WATERWAYS , OR UNCONTROLLED DRAI NS; AND
	173	+	6–1603. 19
187	174
188		-	(II) SHALL:
189		-	LAWRENCE J. HOGAN, JR., Governor Ch. 138
	175	+	(A) [On or after October 1, 2021,] EXCEPT AS PROVIDED IN SUBSECTION 20
	176	+	SUBSECTIONS (B) AND (C) OF THIS SECTION, ON OR AFTER JANUARY 1, 2023, 2024, 21
	177	+	A PERSON MAY NOT USE , MANUFACTURE , OR KNOWINGLY SELL , OFFER FOR SALE , 22
	178	+	OR DISTRIBUTE FOR SA LE OR USE Class B fire–fighting foam that contains intentionally 23
	179	+	added PFAS chemicals [may not be used for: 24
190	180
191		-	~~– 5 –~~
192		-	1. ~~FULLY CONTAIN ALL RELEA SES ON SITE;~~
	181	+	(1) Testing purposes, including calibration testing, conformance testing, 25
	182	+	and fixed–system testing unless: 26
193	183
194		-	2. IMPLEMENT CONTAINMENT MEASURES, INCLUDING
195		-	BUNDS AND PONDS , THAT ARE CONTROLLED AND IMPERVIOUS TO PFAS
196		-	CHEMICALS AND DO NOT ALLOW FIREWATER , WASTEWATER , RUNOFF, AND OTHER
197		-	WASTES TO BE RELEASE D INTO THE ENVIRONME NT, INCLUDING SOILS ,
198		-	GROUNDWATER , WATERWAYS , AND STORMWATER ;
	184	+	(i) The use is required by law or by the agency having jurisdiction 27
	185	+	over the testing facility; and 28
199	186
200		-	~~3. DISPOSE OF ALL FIREWA TER~~, ~~WASTEWATER , RUNOFF,~~
201		-	AND ~~OTHER WASTES IN A WAY THAT PREVENTS~~ RELEASES INTO THE ~~EN VIRONMENT~~;
	187	+	(ii) The testing facility has implemented appropriate containment, 29
	188	+	treatment, and disposal measures to prevent releases of foam into the environment; or 30
202	189
203		-	4. WITHIN 5 DAYS AFTER A RELEASE IN VIOLATION OF
204		-	ITEM (I) OF THIS PAR AGRAPH, REPORT THE RELEASE T O THE DEPARTMENT ,
205		-	INCLUDING INFORMATIO N ON THE IDENTITY OF THE FOAM, THE QUANTITY USED ,
206		-	THE TOTAL PFAS CONCENTRATION , AND THE FORM OF ANY WASTE THAT CONTAINS
207		-	PFAS CHEMICALS; AND
	190	+	(2) Training purposes] IN THE STATE. 31 HOUSE BILL 275 5
208	191
209		-	5. MAINTAIN DOCUMENTATIO N ON ANY MEASURES
210		-	TAKEN UNDER THIS PAR AGRAPH.
211	192
212		-	(2) (I) IN INVESTIGATING COMP LIANCE WITH THIS SUB SECTION,
213		-	THE DEPARTMENT , THE ATTORNEY GENERAL, A STATE’S ATTORNEY FOR A COUNTY
214		-	OR BALTIMORE CITY, A COUNTY ATTORNEY , OR A CITY ATTORNEY MAY REQUEST
215		-	DOCUMENTATION MAINTA INED UNDER PARAGRAPH (1) OF THIS SUBSECTION .
216	193
217		-	(II) A PERSON THAT RECEIVES A REQUEST UNDER
218		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE THE DOCU MENTATION ON
219		-	REQUEST.
	194	+	(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A PERSON MAY USE , 1
	195	+	MANUFACTURE , SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SA LE OR USE CLASS B 2
	196	+	FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS 3
	197	+	IN THE STATE: 4
220	198
221		-	(3) A FAILURE TO MEET THE REQUIREMENTS OF PARA GRAPH (1) OR
222		-	(2) OF THIS SUBSECTION D OES NOT PRECLUDE THE USE OF CLASS B FIRE–FIGHTING
223		-	FOAM CONTAINING INTE NTIONALLY ADDED PFAS CHEMICALS IF THE FAI LURE WAS
224		-	A RESULT OF FACTORS BEYOND THE CONTROL O F THE PERSON.
	199	+	(1) ON OR BEFORE SEPTEMBER 30, 2024, IF THE FIRE–FIGHTING 5
	200	+	FOAM WILL BE USED AT AN AIRPORT, A PORT, A REFINERY, OR A CHEMICAL PLANT ; 6
225	201
226		-	(C) (D) (1) IF A PERSON SELLS PER SONAL PROTECT IVE EQUIPMENT
227		-	FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS IN THE STATE, THE PERSON
228		-	SHALL PROVIDE WRITTE N NOTICE TO THE PURC HASER AT THE TIME OF THE SALE
229		-	THAT INCLUDES :
	202	+	(2) ON OR BEFORE DECEMBER 31, 2027, IF THE FIRE–FIGHTING 7
	203	+	FOAM WILL BE USED AT A TERMINAL; AND 8
230	204
231		-	(I) A STATEMENT THAT THE P ERSONAL PROTECTIVE
232		-	EQUIPMENT CONTAINS PFAS CHEMICALS; AND
	205	+	(3) ON OR BEFORE ANY APPL ICABLE DATE SPECIFIE D IN FEDERAL 9
	206	+	LAW, IF THE FIRE–FIGHTING FOAM WILL B E USED BY A PERSON T HAT IS REQUIRED 10
	207	+	TO USE CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED 11
	208	+	PFAS CHEMICALS. 12
233	209
234		-	(II) THE REASON THAT THE P ERSONAL PROTECTIVE
235		-	EQUIPMENT CONTAINS PFAS CHEMICALS. Ch. 138 2022 LAWS OF MARYLAND
	210	+	(B) (C) (1) A PERSON THAT IS AUTHO RIZED UNDER FEDERAL LAW 13
	211	+	SUBSECTION (B) OF THIS SECTION TO USE CLASS B FIRE–FIGHTING FOAM THAT 14
	212	+	CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: 15
236	213
237		-	– 6 –
	214	+	(I) MAY NOT RELEASE THE F OAM DIRECTLY INTO TH E 16
	215	+	ENVIRONMENT , INCLUDING THROUGH UN SEALED GROUND , SOAKAGE PITS , 17
	216	+	WATERWAYS , OR UNCONTROLLED DRAI NS; AND 18
238	217
239		-	(2) BOTH THE PERSON SELLI NG PERSONAL PROTECTI VE EQUIPMENT
240		-	FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS AND THE PU RCHASER OF
241		-	THE PERSONAL PROTECT IVE EQUIPMENT SHALL RETAIN THE NOTICE UN DER
242		-	PARAGRAPH (1) OF THIS SUBSECTION F OR AT LEAST 3 YEARS AFTER THE DATE OF
243		-	THE SALE.
	218	+	(II) SHALL: 19
244	219
245		-	(E) (1) ON REQUEST OF A FIRE DEPARTMENT IN THE STATE, THE
246		-	DEPARTMENT SHALL PURCHASE TAKE BACK FROM THE FIRE DEPART MENT CLASS
247		-	B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS
248		-	CHEMICALS FOR THE PRICE THAT T HE FIRE DEPARTMENT P AID WHEN IT
249		-	PURCHASED THE FIRE –FIGHTING FOAM .
	220	+	1. FULLY CONTAIN ALL REL EASES ON SITE; 20
250	221
251		-	(2) THE DEPARTMENT SHALL DISP OSE OF FIRE–FIGHTING FOAM
252		-	PURCHASED RECEIVED UNDER THIS SUBSECTIO N IN A MANNER CONSIS TENT WITH
253		-	THIS SUBTITLE.
	222	+	2. IMPLEMENT CONTAINMENT MEASURES, INCLUDING 21
	223	+	BUNDS AND PONDS , THAT ARE CONTROLLED AND IMPERVIOUS TO PFAS 22
	224	+	CHEMICALS AND DO NOT ALLOW FIREWATER , WASTEWATER , RUNOFF, AND OTHER 23
	225	+	WASTES TO BE RELEASE D INTO THE ENVIRO NMENT, INCLUDING SOILS , 24
	226	+	GROUNDWATER , WATERWAYS , AND STORMWATER ; 25
254	227
255		-	(3) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE
256		-	ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 TO THE DEPARTMENT FOR
257		-	THE PURPOSE OF PURCHASING TAKING BACK AND DISP OSING OF FIRE–FIGHTING
258		-	FOAM UNDER THIS SECT ION.
	228	+	3. DISPOSE OF ALL FIREWA TER, WASTEWATER , RUNOFF, 26
	229	+	AND OTHER WASTES IN A WAY THAT PREVENTS RELEASES INTO THE EN VIRONMENT; 27
259	230
260		-	[6–1604.
	231	+	4. WITHIN 5 DAYS AFTER A RELEASE IN VIOLATION OF 28
	232	+	ITEM (I) OF THIS PARAGRAPH , REPORT THE RELEASE T O THE DEPARTMENT , 29
	233	+	INCLUDING INFORMATIO N ON THE IDENTITY OF THE FOAM, THE QUANTITY USED , 30
	234	+	THE TOTAL PFAS CONCENTRATION , AND THE FORM OF ANY WASTE THAT CONTAINS 31
	235	+	PFAS CHEMICALS; AND 32
	236	+	6 HOUSE BILL 275
261	237
262		-	Nonfluorinated training foam shall be used for purposes of fire–fighting training.]
263	238
264		-	6–1604.
	239	+	5. MAINTAIN DOCUMENTATIO N ON ANY MEAS URES 1
	240	+	TAKEN UNDER THIS PAR AGRAPH. 2
265	241
266		-	A PERSON MAY NOT DISPO SE OF A CLASS B FIRE–FIGHTING FOAM THAT
267		-	CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS:
	242	+	(2) (I) IN INVESTIGATING COMP LIANCE WITH THIS SUB SECTION, 3
	243	+	THE DEPARTMENT , THE ATTORNEY GENERAL, A STATE’S ATTORNEY FOR A COUNTY 4
	244	+	OR BALTIMORE CITY, A COUNTY ATTORNEY , OR A CITY ATTORNEY MAY REQUEST 5
	245	+	DOCUMENTATION MAINTA INED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 6
268	246
269		-	(1) USING INCINERATION , INCLUDING BY BURNING , COMBUSTION ,
270		-	PYROLYSIS, GASIFICATION, THERMAL OXIDATION , ACID RECOVERY FURNAC E OR
271		-	OXIDIZER, ORE ROASTER , CEMENT KILN , LIGHTWEIGHT AGGREGAT E KILN,
272		-	INDUSTRIAL FURNACE B OILER, AND PROCESS HEATER ; OR
	247	+	(II) A PERSON THAT RECEIVES A REQUEST UNDER 7
	248	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE THE DOCU MENTATION ON 8
	249	+	REQUEST. 9
273	250
274		-	(2) IN A LANDFILL.
	251	+	(3) A FAILURE TO MEET THE REQUIREMENTS OF PARA GRAPH (1) OR 10
	252	+	(2) OF THIS SUBSECTION DOES NOT PRECLUDE TH E USE OF CLASS B FIRE–FIGHTING 11
	253	+	FOAM CONTAINING INTE NTIONALLY ADDED PFAS CHEMICALS IF THE FAI LURE WAS 12
	254	+	A RESULT OF FACTORS BEYOND THE CONTROL O F THE PERSON. 13
275	255
276		-	6–1604.1.
	256	+	(C) (D) (1) IF A PERSON SELLS PER SONAL PROTECTIVE EQU IPMENT 14
	257	+	FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS IN THE STATE, THE PERSON 15
	258	+	SHALL PROVIDE WRITTE N NOTICE TO THE PURC HASER AT THE TIME OF THE SALE 16
	259	+	THAT INCLUDES : 17
277	260
278		-	(A) THIS SECTION DOES NOT APPLY TO THE SALE OR RESALE OF A USED RUG
279		-	OR CARPET.
280		-	LAWRENCE J. HOGAN, JR., Governor Ch. 138
	261	+	(I) A STATEMENT THAT THE P ERSONAL PROTECTIVE 18
	262	+	EQUIPMENT CONTAINS PFAS CHEMICALS; AND 19
281	263
282		-	– 7 –
283		-	(B) ON OR AFTER JANUARY 1, 2023, 2024, A PERSON MAY NOT
284		-	MANUFACTURE , MANUFACTURE OR KNOWINGLY SELL, OFFER FOR SALE , OR
285		-	DISTRIBUTE FOR SALE OR USE IN THE STATE A RUG OR CARPET TO WHICH PFAS
286		-	CHEMICALS HAVE BEEN INTENTIONALLY ADDED .
	264	+	(II) THE REASON THAT THE P ERSONAL PROTECTIVE 20
	265	+	EQUIPMENT CONTAINS PFAS CHEMICALS. 21
287	266
288		-	(C) ~~(1) A~~ PERSON ~~THAT MANUFACTURES , SELLS,~~ ~~OFFERS FOR SALE , OR~~
289		-	~~DISTRIBUTES MANUFACTURES A RUG O R CARPET~~ FOR ~~SALE OR USE IN T HE STATE A~~
290		-	~~RUG OR CARPET~~ SHALL ~~ESTABLISH A CERTIFICATE OF COM PLIANCE TO ATTEST~~
291		-	~~THAT THE RUG OR CARP ET IS IN COMPLIANCE WITH THE REQUIREMENT S~~ OF THIS
292		-	~~SECTION~~.
	267	+	(2) BOTH THE PERSON SELLI NG PERSONAL PROTECTI VE EQUIPMENT 22
	268	+	FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS AND THE PU RCHASER OF 23
	269	+	THE PERSONAL PROTECT IVE EQUIPMENT SHALL RETAIN THE NOTICE UN DER 24
	270	+	PARAGRAPH (1) OF THIS SUBSECTION F OR AT LEAST 3 YEARS AFTER THE DATE OF 25
	271	+	THE SALE. 26
293	272
294		-	(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A
295		-	PERSON SHALL PROVIDE THE CERTIFICATE OF C OMPLIANCE ESTABLISHE D UNDER
296		-	PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT .
	273	+	(E) (1) ON REQUEST OF A FIRE DEPARTMENT IN THE STATE, THE 27
	274	+	DEPARTMENT SHALL PURCHASE TAKE BACK FROM THE FIRE DEPART MENT CLASS 28
	275	+	B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS 29
	276	+	CHEMICALS FOR THE PRICE THAT T HE FIRE DEPARTMENT P AID WHEN IT 30
	277	+	PURCHASED THE FIRE –FIGHTING FOAM . 31
297	278
298		-	6–1605.
	279	+	(2) THE DEPARTMENT SHALL DISP OSE OF FIRE–FIGHTING FOAM 32
	280	+	PURCHASED RECEIVED UNDER THIS SUBSECTIO N IN A MANNER CONSIS TENT WITH 33
	281	+	THIS SUBTITLE. 34
	282	+	HOUSE BILL 275 7
299	283
300		-	A person who violates this subtitle is subject to:
301	284
302		-	(1) For a first violation, a civil penalty not exceeding $500; and
	285	+	(3) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 1
	286	+	ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 TO THE DEPARTMENT FOR 2
	287	+	THE PURPOSE OF PURCHASING TAKING BACK AND DISP OSING OF FIRE–FIGHTING 3
	288	+	FOAM UNDER THIS SECT ION. 4
303	289
304		-	(2) For a second or subsequent violation, a civil penalty not exceeding
305		-	$1,000.
	290	+	[6–1604. 5
306	291
307		-	9–~~1901~~.
	292	+	Nonfluorinated training foam shall be used for purposes of fire–fighting training.] 6
308	293
309		-	~~(a) In this subtitle the following words have the meanings indicated~~.
	294	+	6–1604. 7
310	295
311		-	(b) “Distributor” means any person that:
	296	+	A PERSON MAY NOT DISPO SE OF A CLASS B FIRE–FIGHTING FOAM THAT 8
	297	+	CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: 9
312	298
313		-	(1) Sells a packaged product to a retailer; or
	299	+	(1) USING INCINERATION , INCLUDING BY BURNING , COMBUSTION , 10
	300	+	PYROLYSIS, GASIFICATION, THERMAL OXIDATION , ACID RECOVERY FURNAC E OR 11
	301	+	OXIDIZER, ORE ROASTER , CEMENT KILN , LIGHTWEIGHT AGGREGAT E KILN, 12
	302	+	INDUSTRIAL FURNACE B OILER, AND PROCESS HEATER ; OR 13
314	303
315		-	(2) Receives a shipment or consignment of, or in any other manner
316		-	acquires, packaged products for distribution to a retailer for:
	304	+	(2) IN A LANDFILL. 14
317	305
318		-	~~(i) Sale to a consumer; or~~
	306	+	6–1604.1. 15
319	307
320		-	(ii) Promotional purposes.
	308	+	(A) THIS SECTION DOES NOT APPLY TO THE SALE OR RESALE OF A USED RUG 16
	309	+	OR CARPET. 17
321	310
322		-	(C) “FOOD PACKAGE ” MEANS A PACKAGE THAT IS DESIGNED AND INTENDED
323		-	FOR DIRECT FOOD CONT ACT AND IS COMPOSED , IN SUBSTANTIAL PART , OF PAPER,
324		-	PAPERBOARD, OR OTHER MATERIALS O RIGINALLY DERIVED FR OM PLANT FIBERS ,
325		-	INCLUDING:
326		-	Ch. 138 2022 LAWS OF MARYLAND
	311	+	(B) ON OR AFTER JANUARY 1, 2023, 2024, A PERSON MAY NOT 18
	312	+	MANUFACTURE , MANUFACTURE OR KNOWINGLY SELL, OFFER FOR SALE , OR 19
	313	+	DISTRIBUTE FOR SALE OR USE IN THE STATE A RUG OR CARPET TO WHICH PFAS 20
	314	+	CHEMICALS HAVE BEEN INTENTIONALLY ADDED . 21
327	315
328		-	– 8 –
329		-	(1) A FOOD OR BEVERAGE PRO DUCT THAT IS CONTAIN ED IN A FOOD
330		-	PACKAGE OR TO WHICH A FOOD PACKAGE IS AP PLIED;
	316	+	(C) (1) A PERSON THAT MANUFACTURES , SELLS, OFFERS FOR SALE , OR 22
	317	+	DISTRIBUTES MANUFACTURES A RUG O R CARPET FOR SALE OR USE IN T HE STATE A 23
	318	+	RUG OR CARPET SHALL ESTABLISH A CE RTIFICATE OF COMPLIA NCE TO ATTEST 24
	319	+	THAT THE RUG OR CARP ET IS IN COMPLIANCE WITH THE REQU IREMENTS OF THIS 25
	320	+	SECTION. 26
331	321
332		-	(2) A PACKAGING COMPONENT OF A FOOD PACKAGE ; AND
	322	+	(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A 27
	323	+	PERSON SHALL PROVIDE THE CERTIFICATE OF C OMPLIANCE ESTABLISHE D UNDER 28
	324	+	PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . 29
333	325
334		-	(3) PLASTIC DIS POSABLE GLOVES USED IN COMMERCIAL OR
335		-	INSTITUTIONAL FOOD S ERVICE.
	326	+	6–1605. 30
336	327
337		-	(D) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A
338		-	CHEMICAL IN THE FORM ATION OF A PACKAGE O R PACKAGING COMPONEN T WHEN
339		-	THE CHEMICAL ’S CONTINUED PRESENCE IS DESIRED IN THE FI NAL PACKAGE OR
340		-	PACKAGING COMPONENT TO PROVIDE A SPECIFI C CHARACTERISTIC .
	328	+	A person who violates this subtitle is subject to: 31 8 HOUSE BILL 275
341	329
342		-	[(c)] (E) (1) “Manufacturer” means any person that manufactures a package
343		-	or packaging component.
344	330
345		-	(2) “Manufacturer” includes any person that sells a package or packaging
346		-	component to a distributor.
347	331
348		-	[(d)] (F) (1) “Package” means a container used to market, protect, or handle
349		-	a product.
	332	+	(1) For a first violation, a civil penalty not exceeding $500; and 1
350	333
351		-	(2) “Package” includes:
	334	+	(2) For a second or subsequent violation, a civil penalty not exceeding 2
	335	+	$1,000. 3
352	336
353		-	(i) A unit package, an intermediate package, and a shipping
354		-	container as defined by the American Society for Testing and Materials; and
	337	+	9–1901. 4
355	338
356		-	(ii) An unsealed receptacle such as a carrying case, crate, cup, pail,
357		-	rigid foil or other tray, wrap, wrapping film, bag, and tub.
	339	+	(a) In this subtitle the following words have the meanings indicated. 5
358	340
359		-	[(e)] (G) (1) “Packaging component” means any individual assembled part of
360		-	a package.
	341	+	(b) “Distributor” means any person that: 6
361	342
362		-	(2) “Packaging component” includes any interior or exterior blocking,
363		-	bracing, cushioning, weatherproofing, coating, closure, label, ink, dye, pigment, adhesive,
364		-	or any other additive.
	343	+	(1) Sells a packaged product to a retailer; or 7
365	344
366		-	(3) ~~“Packaging component”~~ ~~does not include~~ any ~~package or packaging~~
367		-	~~component that contains cadmium and is intended~~ for ~~reuse more than 5 times.~~
	345	+	(2) Receives a shipment or consignment of, or in any other manner 8
	346	+	acquires, packaged products for distribution to a retailer for: 9
368	347
369		-	(H) “PFAS CHEMICALS” MEANS, WHEN USED IN FIRE –FIGHTING AGENTS ,
370		-	FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , A CLASS
371		-	OF FLUORINATED ORGAN IC CHEMICALS THAT CO NTAIN AT LEAS T ONE FULLY
372		-	FLUORINATED CARBON A TOM, INCLUDING PERFLUOROA LKYL AND
373		-	POLYFLUOROALKYL SUBS TANCES. LAWRENCE J. HOGAN, JR., Governor Ch. 138
	348	+	(i) Sale to a consumer; or 10
374	349
375		-	~~– 9 –~~
	350	+	(ii) Promotional purposes. 11
376	351
377		-	9–1902.
	352	+	(C) “FOOD PACKAGE ” MEANS A PACKAGE THAT IS DESIGNED AND INTENDED 12
	353	+	FOR DIRECT FOOD CONT ACT AND IS COMPOSED , IN SUBSTANTIAL PART , OF PAPER, 13
	354	+	PAPERBOARD , OR OTHER MATERIALS O RIGINALLY DERIVED FR OM PLANT FIBERS , 14
	355	+	INCLUDING: 15
378	356
379		-	(a) Except as provided in §§ 9–1903 and 9–1904 of this subtitle, on or after July
380		-	1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional
381		-	purposes any package or packaging component or any product in a package or packaging
382		-	component to which any of the following was intentionally added during manufacture or
383		-	distribution:
	357	+	(1) A FOOD OR BEVERAGE PRODUCT T HAT IS CONTAINED IN A FOOD 16
	358	+	PACKAGE OR TO WHICH A FOOD PACKAGE IS AP PLIED; 17
384	359
385		-	(1) ~~Lead~~;
	360	+	(2) A PACKAGING COMPONENT OF A FOOD PACKAGE ; AND 18
386	361
387		-	(2) Cadmium;
	362	+	(3) PLASTIC DISPOSABLE GL OVES USED IN COMMERC IAL OR 19
	363	+	INSTITUTIONAL FOOD S ERVICE. 20
388	364
389		-	(3) Mercury; or
	365	+	(D) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A 21
	366	+	CHEMICAL IN THE FORM ATION OF A PACKAGE O R PACKAGING COMPONEN T WHEN 22
	367	+	THE CHEMICAL ’S CONTINUED PRESENCE IS DESIRED IN THE FI NAL PACKAGE OR 23
	368	+	PACKAGING COMPONENT TO PROVIDE A SPECIFI C CHARACTERISTIC . 24
390	369
391		-	(4) Hexavalent chromium.
	370	+	[(c)] (E) (1) “Manufacturer” means any person that manufactures a package 25
	371	+	or packaging component. 26
392	372
393		-	(b) ~~The sum of the concentration levels of lead,~~ ~~cadmium, mercury,~~ ~~and~~
394		-	~~hexavalent chromium incidentally present in~~ a ~~package or packaging component may not~~
395		-	~~exceed:~~
	373	+	(2) “Manufacturer” includes any person that sells a package or packaging 27
	374	+	component to a distributor. 28
	375	+	HOUSE BILL 275 9
396	376
397		-	(1) By July 1, 1993, 600 parts per million by weight or 0.06%;
398	377
399		-	(2) By July 1, 1994, 250 parts per million by weight or 0.025%; and
	378	+	[(d)] (F) (1) “Package” means a container used to market, protect, or handle 1
	379	+	a product. 2
400	380
401		-	(3) ~~By July 1,~~ ~~1995, 100 parts per million by weight or 0.01%.~~
	381	+	(2) “Package” includes: 3
402	382
403		-	(c) ~~Tin plated steel that meets the American Society for Testing~~ and ~~Materials~~
404		-	~~Specification A–623 shall be considered a single packaging component.~~
	383	+	(i) A unit package, an intermediate package, and a shipping 4
	384	+	container as defined by the American Society for Testing and Materials; and 5
405	385
406		-	(D) ON OR AFTER JANUARY 1, 2023, 2024, A MANUFACTURER OR
407		-	DISTRIBUTOR MAY NOT MANUFACTURE , OR KNOWINGLY SELL, OFFER FOR SALE , OR
408		-	DISTRIBUTE FOR SALE OR USE IN THE STATE A FOOD PACKAGE OR FOOD PACKAGING
409		-	COMPONENT DESIGNED A ND INTENDED FOR DIRE CT FOOD CONTACT TO WHICH
410		-	PFAS CHEMICALS WERE INTEN TIONALLY ADDED .
	386	+	(ii) An unsealed receptacle such as a carrying case, crate, cup, pail, 6
	387	+	rigid foil or other tray, wrap, wrapping film, bag, and tub. 7
411	388
412		-	9–1903.
	389	+	[(e)] (G) (1) “Packaging component” means any individual assembled part of 8
	390	+	a package. 9
413	391
414		-	The provisions of § 9–1902(A) THROUGH (C) OF this subtitle do not apply to:
	392	+	(2) “Packaging component” includes any interior or exterior blocking, 10
	393	+	bracing, cushioning, weatherproofing, coating, closure, label, ink, dye, pigment, adhesive, 11
	394	+	or any other additive. 12
415	395
416		-	(1) ~~If it contains a code indicating the date of manufacture, a~~ package or
417		-	~~packaging~~ component that ~~was manufactured prior to July 1,~~ ~~1993;~~
	396	+	(3) “Packaging component” does not include any package or packaging 13
	397	+	component that contains cadmium and is intended for reuse more than 5 times. 14
418	398
419		-	(2) Until July 1, 1997, a package and packaging component that would not
420		-	exceed the concentration levels set forth in § 9–1902 of this subtitle but for the addition of
421		-	recycled materials; Ch. 138 2022 LAWS OF MARYLAND
	399	+	(H) “PFAS CHEMICALS” MEANS, WHEN USED IN FIRE –FIGHTING AGENTS , 15
	400	+	FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , A CLASS 16
	401	+	OF FLUORINATED ORGAN IC CHEMICALS THAT CO NTAIN AT LEAST ONE F ULLY 17
	402	+	FLUORINATED CARBON A TOM, INCLUDING PERFLUOROA LKYL AND 18
	403	+	POLYFLUOROALKYL S UBSTANCES. 19
422	404
423		-	– ~~10 –~~
	405	+	9–1902. 20
424	406
425		-	(3) A package or packaging component conditionally exempt under §
426		-	9–1904 of this subtitle; and
	407	+	(a) Except as provided in §§ 9–1903 and 9–1904 of this subtitle, on or after July 21
	408	+	1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional 22
	409	+	purposes any package or packaging component or any product in a package or packaging 23
	410	+	component to which any of the following was intentionally added during manufacture or 24
	411	+	distribution: 25
427	412
428		-	(4) ~~Any alcoholic beverage bottled before October 1, 1992.~~
	413	+	(1) Lead; 26
429	414
430		-	~~9–1904.~~
	415	+	(2) Cadmium; 27
431	416
432		-	(a) A manufacturer or distributor of a package or packaging component may
433		-	submit to the Department an application for a conditional exemption from the provisions
434		-	of § 9–1902(A) THROUGH (C) OF this subtitle.
	417	+	(3) Mercury; or 28
435	418
436		-	(b) On the written application of a manufacturer or distributor, the Department
437		-	may grant a conditional exemption if the Department finds that:
	419	+	(4) Hexavalent chromium. 29
438	420
439		-	(1) ~~In order to comply with a health or safety requirement~~ of ~~federal law~~,
440		-	~~lead, cadmium, mercury, or~~ hexavalent chromium ~~have been added to the~~ package or
441		-	~~packaging component in the manufacturing,~~ ~~forming, printing,~~ ~~or distribution process; or~~
	421	+	(b) The sum of the concentration levels of lead, cadmium, mercury, and 30
	422	+	hexavalent chromium incidentally present in a package or packaging component may not 31
	423	+	exceed: 32 10 HOUSE BILL 275
442	424
443		-	(2) The regulated substance is essential to the protection, safe handling, or
444		-	function of the package contents.
445	425
446		-	(c) A conditional exemption granted under this section:
447	426
448		-	(1) Expires 2 years after the date the Department grants the exemption;
449		-	and
	427	+	(1) By July 1, 1993, 600 parts per million by weight or 0.06%; 1
450	428
451		-	(2) If the manufacturer or distributor meets the criteria under subsection
452		-	(b) of this section, may be renewed for additional periods of 2 years.
	429	+	(2) By July 1, 1994, 250 parts per million by weight or 0.025%; and 2
453	430
454		-	~~9–1905~~.
	431	+	(3) By July 1, 1995, 100 parts per million by weight or 0.01%. 3
455	432
456		-	(a) To enforce the provisions of this subtitle, the Department may:
	433	+	(c) Tin plated steel that meets the American Society for Testing and Materials 4
	434	+	Specification A–623 shall be considered a single packaging component. 5
457	435
458		-	(1) Notify a manufacturer that there are grounds for suspecting that a
459		-	package or packaging component produced by the manufacturer may not be in compliance
460		-	with the provisions of this subtitle; and
	436	+	(D) ON OR AFTER JANUARY 1, 2023, 2024, A MANUFACTURER OR 6
	437	+	DISTRIBUTOR MAY NOT MANUFACTURE , OR KNOWINGLY SELL, OFFER FOR SALE , OR 7
	438	+	DISTRIBUTE FOR SALE OR USE IN THE STATE A FOOD PACKAGE OR FOOD PACKAGING 8
	439	+	COMPONENT DESIGNED AND INTENDE D FOR DIRECT FOOD CO NTACT TO WHICH 9
	440	+	PFAS CHEMICALS WERE INTEN TIONALLY ADDED. 10
461	441
462		-	(2) Request the manufacturer to certify that the package or packaging
463		-	component is in compliance, INCLUDING BY REQUEST ING THE MANUFACTURER ’S
464		-	CERTIFICATE OF COMPL IANCE ESTABLISHED UN DER SUBSECTION (C) OF THIS
465		-	SECTION.
	442	+	9–1903. 11
466	443
467		-	(b) If the manufacturer certifies that the package or packaging component is
468		-	exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis
469		-	on which the exemption is claimed. LAWRENCE J. HOGAN, JR., Governor Ch. 138
	444	+	The provisions of § 9–1902(A) THROUGH (C) OF this subtitle do not apply to: 12
470	445
471		-	– 11 –
	446	+	(1) If it contains a code indicating the date of manufacture, a package or 13
	447	+	packaging component that was manufactured prior to July 1, 1993; 14
472	448
473		-	(C) (1) A MANUFACTURER OR DISTRIBUTOR THAT MANUFACTURES ,
474		-	SELLS, OFFERS FOR SALE , OR DISTRIBUTES FOR USE I N THE STATE A FOOD PACKAGE
475		-	OR FOOD PACKAGING CO MPONENT SHALL ESTABL ISH A CERTIFICATE OF
476		-	COMPLIANCE TO ATTEST THAT THE FOOD PACKAG E OR FOOD PACKAGING
477		-	COMPONENT IS IN COMP LIANCE WITH THE REQU IREMENTS OF § 9–1902(D) OF THIS
478		-	SUBTITLE.
	449	+	(2) Until July 1, 1997, a package and packaging component that would not 15
	450	+	exceed the concentration levels set forth in § 9–1902 of this subtitle but for the addition of 16
	451	+	recycled materials; 17
479	452
480		-	(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A
481		-	MANUFACTURER SHALL P ROVIDE THE CERTIFICA TE OF COMPLIANCE EST ABLISHED
482		-	UNDER PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT .
	453	+	(3) A package or packaging component conditionally exempt under § 18
	454	+	9–1904 of this subtitle; and 19
483	455
484		-	[(c)] (D) If the manufacturer OR DISTRIBUTOR fails to certify that the package
485		-	or packaging component is in compliance or is exempt, the Department may seek an
486		-	injunction under § 9–1906 of this subtitle to require the manufacturer OR DISTRIBUTOR
487		-	to withdraw the package or packaging component in question from sale or promotional use
488		-	within the State.
	456	+	(4) Any alcoholic beverage bottled before October 1, 1992. 20
489	457
490		-	~~SECTION 2~~. ~~AND BE IT FURTHER ENACTED, That:~~
	458	+	9–1904. 21
491	459
492		-	(a) On or ~~before December 31, 2022, the Department~~ of ~~the Environment shall~~
493		-	~~report~~ to the ~~General Assembly,~~ ~~in accordance with § 2–1257 of~~ the ~~State Government~~
494		-	~~Article, on:~~
	460	+	(a) A manufacturer or distributor of a package or packaging component may 22
	461	+	submit to the Department an application for a conditional exemption from the provisions 23
	462	+	of § 9–1902(A) THROUGH (C) OF this subtitle. 24
495	463
496		-	(1) the location and results of any testing for PFAS chemicals, as defined
497		-	in § 6–1601 of the Environment Article, that the Department has conducted on waters of
498		-	the State;
	464	+	(b) On the written application of a manufacturer or distributor, the Department 25
	465	+	may grant a conditional exemption if the Department finds that: 26
499	466
500		-	(2) any plan the Department has for further testing for PFAS chemicals in
501		-	waters of the State; and
	467	+	(1) In order to comply with a health or safety requirement of federal law, 27
	468	+	lead, cadmium, mercury, or hexavalent chromium have been added to the package or 28
	469	+	packaging component in the manufacturing, forming, printing, or distribution process; or 29
	470	+	HOUSE BILL 275 11
502	471
503		-	(3) any plan the Department has for remediation and public education in
504		-	areas where the water has been found to be contaminated by PFAS chemicals.
505	472
506		-	(b) On or before December 31, 2023, the Department of the Environment and the
507		-	Maryland Department of Health jointly shall prepare, in coordination with other relevant
508		-	State agencies, the federal government, local governments, and the public, and submit to
509		-	the General Assembly, in accordance with § 2–1257 of the State Government Article, a
510		-	PFAS Action Plan to identify strategies, actions, and funding alternatives to:
	473	+	(2) The regulated substance is essential to the protection, safe handling, or 1
	474	+	function of the package contents. 2
511	475
512		-	(1) minimize environmental exposure to PFAS chemicals for Maryland
513		-	residents, in addition to regulating its use in fire–fighting foam, food packaging and food
514		-	packaging components, rugs, and carpets;
	476	+	(c) A conditional exemption granted under this section: 3
515	477
516		-	(2) ~~minimize future releases of PFAS chemicals into~~ the ~~environment~~;
517		-	~~Ch. 138 2022 LAWS OF MARYLAND~~
	478	+	(1) Expires 2 years after the date the Department grants the exemption; 4
	479	+	and 5
518	480
519		-	– 12 –
520		-	(3) identify, assess, and clean up historical releases of PFAS chemicals in
521		-	Maryland;
	481	+	(2) If the manufacturer or distributor meets the criteria under subsection 6
	482	+	(b) of this section, may be renewed for additional periods of 2 years. 7
522	483
523		-	(4) assess any concerns related to environmental justice, health equity, and
524		-	PFAS chemical contamination; and
	484	+	9–1905. 8
525	485
526		-	(5) educate and communicate to Maryland residents the risks associated
527		-	with PFAS chemicals.
	486	+	(a) To enforce the provisions of this subtitle, the Department may: 9
528	487
529		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
530		-	1, 2022.
	488	+	(1) Notify a manufacturer that there are grounds for suspecting that a 10
	489	+	package or packaging component produced by the manufacturer may not be in compliance 11
	490	+	with the provisions of this subtitle; and 12
531	491
532		-	Approved by the Governor, April 21, 2022.
	492	+	(2) Request the manufacturer to certify that the package or packaging 13
	493	+	component is in compliance, INCLUDING BY REQUEST ING THE MANUFACTURER ’S 14
	494	+	CERTIFICATE OF COMPLIANCE ESTABL ISHED UNDER SUBSECTI ON (C) OF THIS 15
	495	+	SECTION. 16
	496	+
	497	+	(b) If the manufacturer certifies that the package or packaging component is 17
	498	+	exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis 18
	499	+	on which the exemption is claimed. 19
	500	+
	501	+	(C) (1) A MANUFACTURER OR DISTRIBUTOR THAT MANUFACTURES , 20
	502	+	SELLS, OFFERS FOR SALE , OR DISTRIBUTES FOR U SE IN THE STATE A FOOD PACKAGE 21
	503	+	OR FOOD PACKAGING CO MPONENT SHALL ESTABL ISH A CERTIFICATE OF 22
	504	+	COMPLIANCE TO ATTEST THAT THE FOOD PACKAG E OR FOOD PACKAGING 23
	505	+	COMPONENT IS IN COMP LIANCE WITH THE REQU IREMENTS OF § 9–1902(D) OF THIS 24
	506	+	SUBTITLE. 25
	507	+
	508	+	(2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A 26
	509	+	MANUFACTURER SHALL P ROVIDE THE CERTIFICA TE OF COMPLIANCE EST ABLISHED 27
	510	+	UNDER PARAGRAPH (1) OF THIS SUBSECTION TO THE DEPARTMENT . 28
	511	+
	512	+	[(c)] (D) If the manufacturer OR DISTRIBUTOR fails to certify that the package 29
	513	+	or packaging component is in compliance or is exempt, the Department may seek an 30
	514	+	injunction under § 9–1906 of this subtitle to require the manufacturer OR DISTRIBUTOR 31
	515	+	to withdraw the package or packaging component in question from sale or promotional use 32
	516	+	within the State. 33
	517	+
	518	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 34 12 HOUSE BILL 275
	519	+
	520	+
	521	+
	522	+	(a) On or before December 31, 2022, the Department of the Environment shall 1
	523	+	report to the General Assembly, in accordance with § 2–1257 of the State Government 2
	524	+	Article, on: 3
	525	+
	526	+	(1) the location and results of any testing for PFAS chemicals, as defined 4
	527	+	in § 6–1601 of the Environment Article, that the Department has conducted on waters of 5
	528	+	the State; 6
	529	+
	530	+	(2) any plan the Department has for further testing for PFAS chemicals in 7
	531	+	waters of the State; and 8
	532	+
	533	+	(3) any plan the Department has for remediation and public education in 9
	534	+	areas where the water has been found to be contaminated by PFAS chemicals. 10
	535	+
	536	+	(b) On or before December 31, 2023, the Department of the Environment and the 11
	537	+	Maryland Department of Health jointly shall prepare, in coordination with other relevant 12
	538	+	State agencies, the federal government, local governments, and the public, and submit to 13
	539	+	the General Assembly, in accordance with § 2–1257 of the State Government Article, a 14
	540	+	PFAS Action Plan to identify strategies, actions, and funding alternatives to: 15
	541	+
	542	+	(1) minimize environmental exposure to PFAS chemicals for Maryland 16
	543	+	residents, in addition to regulating its use in fire–fighting foam, food packaging and food 17
	544	+	packaging components, rugs, and carpets; 18
	545	+
	546	+	(2) minimize future releases of PFAS chemicals into the environment; 19
	547	+
	548	+	(3) identify, assess, and clean up historical releases of PFAS chemicals in 20
	549	+	Maryland; 21
	550	+
	551	+	(4) assess any concerns related to environmental justice, health equity, and 22
	552	+	PFAS chemical contamination; and 23
	553	+
	554	+	(5) educate and communicate to Maryland residents the risks associated 24
	555	+	with PFAS chemicals. 25
	556	+
	557	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
	558	+	1, 2022. 27
	559	+
	560	+
	561	+
	562	+