WES MOORE, Governor Ch. 488
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Chapter 488
(House Bill 1147)
AN ACT concerning
Environment – Playground Surfacing Materials – Prohibitions
FOR the purpose of prohibiting, on or after a certain date, a person from using installing,
supplying, selling, soliciting, or offering for sale playground surfacing materials that
contain a certain concentration of lead or a component product, material, or
substance to which PFAS chemicals were previously intentionally added for certain
purposes certain concentrations of certain chemicals for the construction or
renovation of the ground surface of a playground in the State; prohibiting a county,
municipality, or unit of local government from adopting any ordinance, rule, or
regulation related to the use of certain playground surfacing materials that is less
stringent than the requirements of this Act; requiring a certain manufacturer to
establish and provide to the Department of the Environment a certain certificate of
compliance under certain circumstances; and generally relating to playground
surfacing materials.
BY adding to
Article – Environment
Section 6–16A–01 through 6–16A–05 to be under the new subtitle “Subtitle 16A.
Playground Surfacing Materials”
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
SUBTITLE 16A. PLAYGROUND SURFACING MATERIALS.
6–16A–01.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “PAH” MEANS POLYCYCLIC ARO MATIC HYDROCARBONS .
(C) (B) “PFAS CHEMICALS” MEANS A CLASS OF FLUORINAT ED ORGANIC
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM,
INCLUDING PER– AND POLYFLUOROALKYL SUBSTANCES.
Ch. 488 2024 LAWS OF MARYLAND
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(D) (C) “PLAYGROUND ” MEANS A PUBLIC OUTDO OR RECREATION AREA
FOR CHILDREN EQUIPPE D WITH ONE OR MORE P LAY STRUCTURES .
(E) (D) “PLAYGROUND SU RFACING MATERIALS ” MEANS PRODUCTS ,
MATERIALS, OR SUBSTANCES USED O R INSTALLED ON THE G ROUND SURFACE OF A
PLAYGROUND IN THE STATE THAT COME INTO DIREC T CONTACT WITH A PER SON.
6–16A–02.
(A) EXCEPT AS PROVIDED IN THIS SECTION, THIS SUBTITLE DOES N OT LIMIT
THE POWER OF A COUNT Y, MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO
ADOPT ORDINANCES , RULES, OR REGULATIONS RELAT ED TO PLAYGROUND
SURFACING MATERIALS THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD.
(B) A COUNTY, MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT MAY NOT
ADOPT ANY ORDINANCE , RULE, OR REGULATION RELATE D TO PLAYGROUND
SURFACING MATERIALS THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD
THAT IS LESS STRINGE NT THAN THE REQUIREM ENTS OF THIS SUBTITLE.
(C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF A COUNTY ,
MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO ENACT AND ENFORCE
STANDARDS OR REQUIRE MENTS RELATED TO PLA YGROUND SURFACING MA TERIALS
THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD THAT ARE MORE
STRINGENT THAN THE R EQUIREMENTS OF THIS SUBTITLE.
6–16A–03.
(A) ON OR AFTER OCTOBER 1, 2024, A PERSON MAY NOT USE INSTALL,
SUPPLY, SELL, SOLICIT, OR OFFER FOR SALE IN THE STATE PLAYGROUND
SURFACING MATERIALS THAT CONTAIN :
(1) MORE THAN 90 PARTS PER MILLION OF L EAD; OR
(2) A COMPONENT PRODUCT , MATERIAL, OR SUBSTANCE TO WHIC H
PFAS CHEMICALS WERE PREVI OUSLY INTENTIONALLY ADDED IN THE FORMATI ON
OF THAT COMPONENT WH ERE THE CONTINUED PR ESENCE OF THE PFAS
CHEMICALS WAS DESIRE D IN THE COMPONENT T O PROVIDE A SPECIFIC
CHARACTERISTIC .
(2) FLUORINATED ORGANIC C HEMICALS THAT CONTAI N AT LEAST 1
FULLY FLUORINATED CA RBON ATOM, INCLUDING PFAS SUBSTANCES; AND
(3) MORE THAN 20 MILLIGRAMS PER KILOG RAM OF PAH. WES MOORE, Governor Ch. 488
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(B) A MANUFACTURER THAT MA NUFACTURES , SELLS, OFFERS FOR SALE ,
OR DISTRIBUTES FOR U SE IN THE STATE PLAYGROUND SURF ACING MATERIALS
SHALL ESTABLISH A CE RTIFICATE OF COMPLIA NCE TO ATTEST THAT T HE
PLAYGROUND SURFACING MATERIALS ARE IN COM PLIANCE WITH THE
REQUIREMENTS OF THIS SUBTITLE.
(C) ON REQUEST OF THE DEPARTMENT AND WITHIN 30 DAYS AFTER THE
REQUEST IS MADE , A MANUFACTURER SHALL PROVIDE THE CERTIFIC ATE OF
COMPLIANCE ESTABLISH ED UNDER SUBSECTION (B) OF THIS SECTION TO T HE
DEPARTMENT .
6–16A–04.
THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE.
6–16A–05.
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE
PROVISIONS OF §§ 9–334 THROUGH 9–341 AND 9–343 THROUGH 9–344 OF THIS
ARTICLE APPLY TO ENF ORCE VIOLATIONS OF :
(1) THIS SUBTITLE;
(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITLE ; OR
(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE.
(B) A PERSON WHO VIOLATES THIS SUBTITLE IS SUB JECT TO:
(1) A CIVIL PENALTY UP TO $2,500 FOR EACH VIOLATION ; OR
(2) AN ADMINISTRATIVE PEN ALTY UP TO $2,500 FOR EACH
VIOLATION, BUT NOT EXCEEDING $100,000 TOTAL.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any contract awarded for the installation, supply, sale, solicitation, or offer
for sale of playground surfacing materials before the effective date of this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.