Maryland 2024 Regular Session

Maryland House Bill HB1147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 488
2	1
3		-	– 1 –
4		-	Chapter 488
5		-	(House Bill 1147)
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	+	hb1147
8	9
9		-	Environment – Playground Surfacing Materials – Prohibitions
	10	+	HOUSE BILL 1147
	11	+	M3 4lr1508
10	12
11		-	FOR the purpose of prohibiting, on or after a certain date, a person from using installing,
12		-	supplying, selling, soliciting, or offering for sale playground surfacing materials that
13		-	contain a certain concentration of lead or a component product, material, or
14		-	substance to which PFAS chemicals were previously intentionally added for certain
15		-	purposes certain concentrations of certain chemicals for the construction or
16		-	renovation of the ground surface of a playground in the State; prohibiting a county,
17		-	municipality, or unit of local government from adopting any ordinance, rule, or
18		-	regulation related to the use of certain playground surfacing materials that is less
19		-	stringent than the requirements of this Act; requiring a certain manufacturer to
20		-	establish and provide to the Department of the Environment a certain certificate of
21		-	compliance under certain circumstances; and generally relating to playground
22		-	surfacing materials.
	13	+	By: Delegates Guyton, Lehman, Allen, Ebersole, Forbes, Holmes, Pasteur, Ruth,
	14	+	and Stein Stein, Foley, Love, and Terrasa
	15	+	Introduced and read first time: February 7, 2024
	16	+	Assigned to: Environment and Transportation
	17	+	Committee Report: Favorable with amendments
	18	+	House action: Adopted
	19	+	Read second time: March 5, 2024
23	20
24		-	BY adding to
25		-	Article – Environment
26		-	Section 6–16A–01 through 6–16A–05 to be under the new subtitle “Subtitle 16A.
27		-	Playground Surfacing Materials”
28		-	Annotated Code of Maryland
29		-	(2013 Replacement Volume and 2023 Supplement)
	21	+	CHAPTER ______
30	22
31		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32		-	That the Laws of Maryland read as follows:
	23	+	AN ACT concerning 1
33	24
34		-	~~Article~~ – ~~Environment~~
	25	+	Environment – Playground Surfacing Materials – Prohibitions 2
35	26
36		-	SUBTITLE 16A. PLAYGROUND SURFACING MATERIALS.
	27	+	FOR the purpose of prohibiting, on or after a certain date, a person from using installing, 3
	28	+	supplying, selling, soliciting, or offering for sale playground surfacing materials that 4
	29	+	contain a certain concentration of lead or a component product, material, or 5
	30	+	substance to which PFAS chemicals were previously intentionally added for certain 6
	31	+	purposes certain concentrations of certain chemicals for the construction or 7
	32	+	renovation of the ground surface of a playground in the State; prohibiting a county, 8
	33	+	municipality, or unit of local government from adopting any ordinance, rule, or 9
	34	+	regulation related to the use of certain playground surfacing materials that is less 10
	35	+	stringent than the requirements of this Act; requiring a certain manufacturer to 11
	36	+	establish and provide to the Department of the Environment a certain certificate of 12
	37	+	compliance under certain circumstances; and generally relating to playground 13
	38	+	surfacing materials. 14
37	39
38		-	6–16A–01.
	40	+	BY adding to 15
	41	+	Article – Environment 16
	42	+	Section 6–16A–01 through 6–16A–05 to be under the new subtitle “Subtitle 16A. 17
	43	+	Playground Surfacing Materials” 18
	44	+	Annotated Code of Maryland 19
	45	+	(2013 Replacement Volume and 2023 Supplement) 20
39	46
40		-	~~(A) IN THIS SUBTITLE~~ THE ~~FOLLOWING WORDS HAVE THE MEANINGS~~
41		-	~~INDICATED.~~
	47	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 21
	48	+	That the Laws of Maryland read as follows: 22 2 HOUSE BILL 1147
42	49
43		-	(B) “PAH” MEANS POLYCYCLIC ARO MATIC HYDROCARBONS .
44	50
45		-	(C) (B) “PFAS CHEMICALS” MEANS A CLASS OF FLUORINAT ED ORGANIC
46		-	CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM,
47		-	INCLUDING PER– AND POLYFLUOROALKYL SUBSTANCES.
48		-	Ch. 488 2024 LAWS OF MARYLAND
49	51
50		-	– 2 –
51		-	(D) (C) “PLAYGROUND ” MEANS A PUBLIC OUTDO OR RECREATION AREA
52		-	FOR CHILDREN EQUIPPE D WITH ONE OR MORE P LAY STRUCTURES .
	52	+	Article – Environment 1
53	53
54		-	(E) (D) “PLAYGROUND SU RFACING MATERIALS ” MEANS PRODUCTS ,
55		-	MATERIALS, OR SUBSTANCES USED O R INSTALLED ON THE G ROUND SURFACE OF A
56		-	PLAYGROUND IN THE STATE THAT COME INTO DIREC T CONTACT WITH A PER SON.
	54	+	SUBTITLE 16A. PLAYGROUND SURFACING MATERIALS. 2
57	55
58		-	6–16A–02.
	56	+	6–16A–01. 3
59	57
60		-	(A) EXCEPT AS PROVIDED IN THIS SECTION, THIS SUBTITLE DOES N OT LIMIT
61		-	THE POWER OF A COUNT Y, MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO
62		-	ADOPT ORDINANCES , RULES, OR REGULATIONS RELAT ED TO PLAYGROUND
63		-	SURFACING MATERIALS THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD.
	58	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
	59	+	INDICATED. 5
64	60
65		-	(B) A COUNTY, MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT MAY NOT
66		-	ADOPT ANY ORDINANCE , RULE, OR REGULATION RELATE D TO PLAYGROUND
67		-	SURFACING MATERIALS THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD
68		-	THAT IS LESS STRINGE NT THAN THE REQUIREM ENTS OF THIS SUBTITLE.
	61	+	(B) “PAH” MEANS POLYCYCLIC ARO MATIC HYDROCARBONS . 6
69	62
70		-	(C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF A COUNTY ,
71		-	MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO ENACT AND ENFORCE
72		-	STANDARDS OR REQUIRE MENTS RELATED TO PLA YGROUND SURFACING MA TERIALS
73		-	THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD THAT ARE MORE
74		-	STRINGENT THAN THE R EQUIREMENTS OF THIS SUBTITLE.
	63	+	(C) (B) “PFAS CHEMICALS” MEANS A CLASS OF FLUORINAT ED ORGANIC 7
	64	+	CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 8
	65	+	INCLUDING PER– AND POLYFLUOROALKYL SUBSTANCES. 9
75	66
76		-	6–16A–03.
	67	+	(D) (C) “PLAYGROUND ” MEANS A PUBLIC OUTDO OR RECREATION AREA 10
	68	+	FOR CHILDREN EQUIP PED WITH ONE OR MORE PLAY STRUCTURES . 11
77	69
78		-	(A) ~~ON OR AFTER OCTOBER 1~~, ~~2024, A PERSON MAY NOT USE INSTALL,~~
79		-	~~SUPPLY, SELL, SOLICIT~~, OR ~~OFFER FOR SALE IN~~ THE ~~STATE PLAYGROUND~~
80		-	~~SURFACING MATERIALS~~ THAT ~~CONTAIN :~~
	70	+	(E) (D) “PLAYGROUND SURFACING MATERIALS” MEANS PRODUCTS , 12
	71	+	MATERIALS, OR SUBSTANCES USED O R INSTALLED ON THE G ROUND SURFACE OF A 13
	72	+	PLAYGROUND IN THE STATE THAT COME INTO DIREC T CONTACT WITH A PER SON. 14
81	73
82		-	~~(1) MORE THAN 90 PARTS PER MILLION OF L EAD; OR~~
	74	+	6–16A–02. 15
83	75
84		-	(2) A COMPONENT PRODUCT , MATERIAL, OR SUBSTANCE TO WHIC H
85		-	PFAS CHEMICALS WERE PREVI OUSLY INTENTIONALLY ADDED IN THE FORMATI ON
86		-	OF THAT COMPONENT WH ERE THE CONTINUED PR ESENCE OF THE PFAS
87		-	CHEMICALS WAS DESIRE D IN THE COMPONENT T O PROVIDE A SPECIFIC
88		-	CHARACTERISTIC .
	76	+	(A) EXCEPT AS PROVIDED IN T HIS SECTION, THIS SUBTITLE DOES N OT LIMIT 16
	77	+	THE POWER OF A COUNT Y, MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO 17
	78	+	ADOPT ORDINANCES , RULES, OR REGULATIONS RELAT ED TO PLAYGROUND 18
	79	+	SURFACING MATERIALS THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD. 19
89	80
90		-	(2) FLUORINATED ORGANIC C HEMICALS THAT CONTAI N AT LEAST 1
91		-	FULLY FLUORINATED CA RBON ATOM, INCLUDING PFAS SUBSTANCES; AND
	81	+	(B) A COUNTY, MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT MAY NOT 20
	82	+	ADOPT ANY ORDINANCE , RULE, OR REGULATION RELATE D TO PLAYGROUND 21
	83	+	SURFACING MATERIALS THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD 22
	84	+	THAT IS LESS STRINGE NT THAN THE REQUIREM ENTS OF THIS SUBTITLE. 23
92	85
93		-	(3) MORE THAN 20 MILLIGRAMS PER KILOG RAM OF PAH. WES MOORE, Governor Ch. 488
	86	+	(C) THIS SUBTITLE DOES NO T AFFECT THE AUTHORI TY OF A COUNTY , 24
	87	+	MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO ENACT AND ENFORCE 25
	88	+	STANDARDS OR REQUIRE MENTS RELATED TO PLA YGROUND SURFACING MA TERIALS 26
	89	+	THAT CONTAIN PAH, PFAS, PFAS CHEMICALS OR LEAD THAT A RE MORE 27
	90	+	STRINGENT THAN THE R EQUIREMENTS OF THIS SUBTITLE. 28
94	91
95		-	– 3 –
	92	+	6–16A–03. 29
	93	+	HOUSE BILL 1147 3
96	94
97		-	(B) A MANUFACTURER THAT MA NUFACTURES , SELLS, OFFERS FOR SALE ,
98		-	OR DISTRIBUTES FOR U SE IN THE STATE PLAYGROUND SURF ACING MATERIALS
99		-	SHALL ESTABLISH A CE RTIFICATE OF COMPLIA NCE TO ATTEST THAT T HE
100		-	PLAYGROUND SURFACING MATERIALS ARE IN COM PLIANCE WITH THE
101		-	REQUIREMENTS OF THIS SUBTITLE.
102	95
103		-	(C) ON REQUEST OF THE DEPARTMENT AND WITHIN 30 DAYS AFTER THE
104		-	REQUEST IS MADE , A MANUFACTURER SHALL PROVIDE THE CERTIFIC ATE OF
105		-	COMPLIANCE ESTABLISH ED UNDER SUBSECTION (B) OF THIS SECTION TO T HE
106		-	DEPARTMENT .
	96	+	(A) ON OR AFTER OCTOBER 1, 2024, A PERSON MAY NOT USE INSTALL, 1
	97	+	SUPPLY, SELL, SOLICIT, OR OFFER FOR SALE IN THE STATE PLAYGROUND 2
	98	+	SURFACING MATERIALS THAT CONTAIN : 3
107	99
108		-	~~6–16A–04.~~
	100	+	(1) MORE THAN 90 PARTS PER MILLION OF LEAD; OR 4
109	101
110		-	THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE.
	102	+	(2) A COMPONENT PRODUCT , MATERIAL, OR SUBSTANCE TO WHIC H 5
	103	+	PFAS CHEMICALS WERE PREVI OUSLY INTENTIONALLY ADDED IN THE FORMATI ON 6
	104	+	OF THAT COMPONENT WH ERE THE CONTINUED PR ESENCE OF THE PFAS 7
	105	+	CHEMICALS WAS DESIRE D IN THE COMPONENT T O PROVIDE A SPECIFIC 8
	106	+	CHARACTERISTIC . 9
111	107
112		-	6–16A–05.
	108	+	(2) FLUORINATED ORGANIC C HEMICALS THAT CONTAI N AT LEAST 1 10
	109	+	FULLY FLUORINATED CA RBON ATOM, INCLUDING PFAS SUBSTANCES; AND 11
113	110
114		-	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE
115		-	PROVISIONS OF §§ 9–334 THROUGH 9–341 AND 9–343 THROUGH 9–344 OF THIS
116		-	ARTICLE APPLY TO ENF ORCE VIOLATIONS OF :
	111	+	(3) MORE THAN 20 MILLIGRAMS PER KILOG RAM OF PAH. 12
117	112
118		-	(1) THIS SUBTITLE;
	113	+	(B) A MANUFACTURER THAT MA NUFACTURES , SELLS, OFFERS FOR SALE , 13
	114	+	OR DISTRIBUTES FOR U SE IN THE STATE PLAYGROUND SURF ACING MATERIALS 14
	115	+	SHALL ESTABLISH A CE RTIFICATE OF COMPLIA NCE TO ATTEST THAT T HE 15
	116	+	PLAYGROUND SURFACING MATERIALS ARE IN COM PLIANCE WITH THE 16
	117	+	REQUIREMENTS OF THIS SUBTIT LE. 17
119	118
120		-	(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITLE ; OR
	119	+	(C) ON REQUEST OF THE DEPARTMENT AND WITHIN 30 DAYS AFTER THE 18
	120	+	REQUEST IS MADE , A MANUFACTURER SHALL PROVIDE THE CERTIFIC ATE OF 19
	121	+	COMPLIANCE ESTABLISH ED UNDER SUBSECTION (B) OF THIS SECTION TO T HE 20
	122	+	DEPARTMENT . 21
121	123
122		-	~~(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE~~.
	124	+	6–16A–04. 22
123	125
124		-	~~(B) A PERSON WHO VIOLATES THIS~~ SUBTITLE ~~IS SUB JECT TO:~~
	126	+	THE DEPARTMENT MAY ADOPT REGULA TIONS TO CARRY OUT T HIS SUBTITLE. 23
125	127
126		-	~~(1) A CIVIL PENALTY UP TO $2,500 FOR EACH VIOLATION ; OR~~
	128	+	6–16A–05. 24
127	129
128		-	(2) AN ADMINISTRATIVE PEN ALTY UP TO $2,500 FOR EACH
129		-	VIOLATION, BUT NOT EXCEEDING $100,000 TOTAL.
	130	+	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 25
	131	+	PROVISIONS OF §§ 9–334 THROUGH 9–341 AND 9–343 THROUGH 9–344 OF THIS 26
	132	+	ARTICLE APPLY TO ENF ORCE VIOLATIONS OF : 27
130	133
131		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
132		-	apply only prospectively and may not be applied or interpreted to have any effect on or
133		-	application to any contract awarded for the installation, supply, sale, solicitation, or offer
134		-	for sale of playground surfacing materials before the effective date of this Act.
	134	+	(1) THIS SUBTITLE; 28
135	135
136		-	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
137		-	October 1, 2024.
	136	+	(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR 29
138	137
139		-	Approved by the Governor, May 9, 2024.
	138	+	(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 30
	139	+	4 HOUSE BILL 1147
	140	+
	141	+
	142	+	(B) A PERSON WHO VIOLATES THIS SUBTITLE IS SUB JECT TO: 1
	143	+
	144	+	(1) A CIVIL PENALTY UP TO $2,500 FOR EACH VIOLATION ; OR 2
	145	+
	146	+	(2) AN ADMINISTRATIVE PENALTY UP TO $2,500 FOR EACH 3
	147	+	VIOLATION, BUT NOT EXCEEDING $100,000 TOTAL. 4
	148	+
	149	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 5
	150	+	apply only prospectively and may not be applied or interpreted to have any effect on or 6
	151	+	application to any contract awarded for the installation, supply, sale, solicitation, or offer 7
	152	+	for sale of playground surfacing materials before the effective date of this Act. 8
	153	+
	154	+	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
	155	+	October 1, 2024. 10
	156	+
	157	+
	158	+
	159	+
	160	+	Approved:
	161	+	________________________________________________________________________________
	162	+	Governor.
	163	+	________________________________________________________________________________
	164	+	Speaker of the House of Delegates.
	165	+	________________________________________________________________________________
	166	+	President of the Senate.