EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0321* SENATE BILL 321 M3 2lr0336 HB 857/21 – ENT & ECM CF HB 131 By: Senator Kagan Introduced and read first time: January 20, 2022 Assigned to: Education, Health, and Environmental Affairs A BILL ENTITLED AN ACT concerning 1 Environment – Synthetic Turf and Turf Infill – Chain of Custody 2 FOR the purpose of requiring a producer of synthetic turf and turf infill sold or distributed 3 in the State to establish a system to track the chain of custody of the synthetic turf 4 and turf infill and report the chain of custody to the Department of the Environment; 5 requiring a certain owner of synthetic turf and turf infill to report certain 6 information to the Department; requiring the Department to develop and maintain 7 a website that displays certain chain of custody information; making a violation of 8 this Act a civil offense; and generally relating to synthetic turf and turf infill. 9 BY adding to 10 Article – Environment 11 Section 9–2401 through 9–2404 to be under the new subtitle “Subtitle 24. Synthetic 12 Turf and Turf Infill” 13 Annotated Code of Maryland 14 (2014 Replacement Volume and 2021 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – Environment 18 SUBTITLE 24. SYNTHETIC TURF AND TURF INFILL. 19 9–2401. 20 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21 INDICATED. 22 (B) “PRODUCER” MEANS A PERSON THAT : 23 2 SENATE BILL 321 (1) OWNS OR LICENSES A TRADEMARK OR BRAND U NDER WHICH 1 SYNTHETIC TURF AND T URF INFILL ARE SOLD , OFFERED FOR SALE , DISTRIBUTED, 2 OR OFFERED FOR PROMO TIONAL PURPOSES IN T HE STATE; OR 3 (2) IMPORTS SYNTHETIC TUR F AND TURF INFILL IN TO THE STATE 4 FOR SALE OR DISTRIBU TION. 5 (C) “SYNTHETIC TURF” MEANS PLASTIC TUFTED CARPET THAT: 6 (1) IS INTENDED TO HAVE , OR INCIDENTALLY HAS , AN APPEARANCE 7 THAT MIMICS GRASS ; 8 (2) FUNCTIONS AS A REPLAC EMENT FOR GRASS ; AND 9 (3) IS AT LEAST 15,000 SQUARE FEET IN SIZE . 10 (D) (1) “TURF INFILL” MEANS MATERIAL THAT : 11 (I) IS POURED ON TOP OF S YNTHETIC TURF TO HOL D 12 SYNTHETIC TURF BLADE S IN PLACE; 13 (II) WEIGHS DOWN THE SYNTH ETIC TURF SO IT DOES NOT 14 DEVELOP WRINKLES OR BUCKLE; AND 15 (III) MIMICS THE IMPACT ABS ORPTION PROPERTIES O F SOIL 16 UNDER NATURAL GRASS. 17 (2) “TURF INFILL” INCLUDES SHREDDED OR GRANULATED TIRE , 18 RUBBER, OR SILICA SAND. 19 9–2402. 20 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , ON OR 21 BEFORE JANUARY 1, 2023, EACH PRODUCER OF SYN THETIC TURF AND TURF INFILL 22 SOLD OR DISTRIBUTE D IN THE STATE SHALL: 23 (1) ESTABLISH A SYSTEM TO TRACK THE CHAIN OF C USTODY OF THE 24 SYNTHETIC TURF AND T URF INFILL FROM THEI R MANUFACTURE TO THE IR 25 INSTALLATION, USE, REUSE, RECYCLING, AND FINAL DISPOSAL ; AND 26 (2) REPORT TO THE DEPARTMENT THE CHAIN OF CUSTODY OF THE 27 SYNTHETIC TURF AND T URF INFILL FROM THEI R MANUFACTURE TO , IF KNOWN, 28 SENATE BILL 321 3 THEIR INSTALLATION , USE, REUSE, RECYCLING, OR FINAL DISPOSAL . 1 (B) FOR SYNTHETIC TURF AN D TURF INFILL ALREAD Y INSTALLED IN THE 2 STATE AS OF JANUARY 1, 2023, THE OWNER OF THE S YNTHETIC TURF AND TU RF 3 INFILL SHALL REPORT TO THE DEPARTMENT : 4 (1) THE CURRENT GEOGRAPHI C LOCATION OF THE IN STALLED 5 SYNTHETIC TURF AND T URF INFILL; AND 6 (2) FOR THE DURATION OF O WNERSHIP OF THE SYNT HETIC TURF AND 7 TURF INFILL, THE CHAIN OF CUSTODY OF THE SYNTHETIC TURF A ND TURF INFILL 8 FROM THEIR USE TO TH EIR REUSE, RECYCLING, OR FINAL DISPOSAL . 9 (C) THE CHAIN OF CUSTODY INFORMATION SHALL : 10 (1) BE REPORTED IN WRITIN G TO THE DEPARTMENT ; 11 (2) BE IN A FORM REQUIRED BY THE DEPARTMENT ; 12 (3) INCLUDE TH E NAME AND CONTACT I NFORMATION OF : 13 (I) THE PRODUCER OF THE S YNTHETIC TURF OR TUR F INFILL; 14 (II) THE BUSINESS OR CONTR ACTOR THAT INSTALLS , OR HAS 15 INSTALLED, THE SYNTHETIC TURF O R TURF INFILL; 16 (III) THE OWNER OF THE SYNT HETIC TURF OR TURF I NFILL; AND 17 (IV) THE TRANSPORTER OF TH E SYNTHETIC TURF OR TURF 18 INFILL; AND 19 (4) INCLUDE ANY OTHER INF ORMATION REQUIRED BY THE 20 DEPARTMENT . 21 (D) THE DEPARTMENT SHALL PUBL ISH THE CHAIN OF CUS TODY ON THE 22 DEPARTMENT ’S WEBSITE. 23 9–2403. 24 (A) THE DEPARTMENT SHALL SERVE AS THE REPOSIT ORY FOR THE CHAIN 25 OF CUSTODY INFORMATI ON SUBMITTED UNDER T HIS SUBTITLE. 26 (B) THE DEPARTMENT SHALL DEVE LOP AND MAINTAIN A W EBSITE THAT 27 4 SENATE BILL 321 INCLUDES: 1 (1) A COPY OF ALL OF THE C HAIN OF CUSTODY INFO RMATION 2 SUBMITTED TO THE DEPARTMENT UNDER § 9–2402 OF THIS SUBTITLE; 3 (2) THE NAMES AND CONTACT INFORMATION OF PRODU CERS, 4 OWNERS, OR OTHER INDIVIDUALS THAT PROVIDE CHAIN O F CUSTODY 5 INFORMATION ; AND 6 (3) A LIST OF THE BRANDS S PECIFIED IN THE CHAI N OF CUSTODY 7 INFORMATION . 8 9–2404. 9 A PERSON TH AT VIOLATES THIS SUB TITLE IS SUBJECT TO : 10 (1) FOR A FIRST VIOLATION , A WRITTEN WARNING ; 11 (2) FOR A SECOND VIOLATIO N, A CIVIL PENALTY OF U P TO $500; AND 12 (3) FOR A THIRD OR SUBSEQ UENT VIOLATION , A CIVIL PENALTY OF 13 UP TO $1,000. 14 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 October 1, 2022. 16