Maryland 2025 Regular Session

Maryland House Bill HB1112 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1112*
66
77 HOUSE BILL 1112
88 D3, J1, M3 5lr2447
99
1010 By: Delegates Hornberger, Charkoudian, and Solomon
1111 Introduced and read first time: February 5, 2025
1212 Assigned to: Judiciary and Health and Government Operations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 PFAS Chemicals – Civil Actions and Prohibition on Consumer Product Sales 2
1919
2020 FOR the purpose of altering certain time limits for bringing certain civil actions concerning 3
2121 exposure of a person to PFAS chemicals; prohibiting a person, on or after a certain 4
2222 date, from manufacturing, selling, or distributing in the State a certain consumer 5
2323 product that contains PFAS chemicals; and generally relating to PFAS chemicals. 6
2424
2525 BY repealing and reenacting, with amendments, 7
2626 Article – Courts and Judicial Proceedings 8
2727 Section 3–904(g) and 5–113(b) 9
2828 Annotated Code of Maryland 10
2929 (2020 Replacement Volume and 2024 Supplement) 11
3030
3131 BY adding to 12
3232 Article – Courts and Judicial Proceedings 13
3333 Section 5–113.1 14
3434 Annotated Code of Maryland 15
3535 (2020 Replacement Volume and 2024 Supplement) 16
3636
3737 BY repealing and reenacting, without amendments, 17
3838 Article – Environment 18
3939 Section 6–1601(a) 19
4040 Annotated Code of Maryland 20
4141 (2013 Replacement Volume and 2024 Supplement) 21
4242
4343 BY repealing and reenacting, with amendments, 22
4444 Article – Environment 23
4545 Section 6–1601(e) 24
4646 Annotated Code of Maryland 25
4747 (2013 Replacement Volume and 2024 Supplement) 26
4848 2 HOUSE BILL 1112
4949
5050
5151 BY adding to 1
5252 Article – Environment 2
5353 Section 6–1604.2 3
5454 Annotated Code of Maryland 4
5555 (2013 Replacement Volume and 2024 Supplement) 5
5656
5757 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
5858 That the Laws of Maryland read as follows: 7
5959
6060 Article – Courts and Judicial Proceedings 8
6161
6262 3–904. 9
6363
6464 (g) (1) Except as provided in [paragraph (2) or (3)] PARAGRAPH (2), (3), OR 10
6565 (4) of this subsection, an action under this subtitle shall be filed within three years after 11
6666 the death of the injured person. 12
6767
6868 (2) (i) In this paragraph, “occupational disease” means a disease caused 13
6969 by exposure to any toxic substance in the person’s workplace and contracted by a person in 14
7070 the course of the person’s employment. 15
7171
7272 (ii) THIS PARAGRAPH DOES N OT APPLY TO AN ACTIO N UNDER 16
7373 THIS SECTION ARISING FROM EXPOSURE TO PFAS CHEMICALS, AS DEFINED IN § 17
7474 6–1601 OF THE ENVIRONMENT ARTICLE. 18
7575
7676 (III) If an occupational disease was a cause of a person’s death, an 19
7777 action UNDER THIS SECTION shall be filed WITHIN THE EARLIER O F: 20
7878
7979 1. [Within] 10 years of the [time] DATE of death; or 21
8080
8181 2. [Within] 3 years of the date when the cause of death was 22
8282 discovered[, whichever is the shorter]. 23
8383
8484 (3) IF EXPOSURE TO PFAS CHEMICALS WAS A CAUS E OF A PERSON’S 24
8585 DEATH, AN ACTION UNDER THIS SECTION SHALL BE FIL ED WITHIN THE EARLIE R OF: 25
8686
8787 (I) 10 YEARS OF THE DATE OF DEATH; OR 26
8888
8989 (II) 3 YEARS OF THE DATE WH EN THE CAUSE OF DEAT H WAS 27
9090 DISCOVERED. 28
9191
9292 [(3)] (4) (i) This paragraph applies only to a wrongful death cause of 29
9393 action arising from conduct that would constitute a criminal homicide under State or 30
9494 federal law. 31
9595 HOUSE BILL 1112 3
9696
9797
9898 (ii) If knowledge of a cause of action or the identity of a person whose 1
9999 wrongful act contributed to a homicide is kept from a party by the conduct of an adverse 2
100100 party or an accessory or accomplice of an adverse party: 3
101101
102102 1. The cause of action shall be deemed to accrue at the time 4
103103 the party discovered or should have discovered by the exercise of ordinary diligence the 5
104104 homicide and the identity of the person who contributed to the homicide; 6
105105
106106 2. A presumption shall exist that the party should have 7
107107 discovered by the exercise of ordinary diligence the identity of the person who contributed 8
108108 to the homicide after: 9
109109
110110 A. A charging document is filed against the person alleged to 10
111111 have participated in the homicide; and 11
112112
113113 B. The charging document is unsealed and available to the 12
114114 public; and 13
115115
116116 3. An action under this subtitle shall be filed within 3 years 14
117117 after the date that the cause of action accrues. 15
118118
119119 5–113. 16
120120
121121 (b) (1) THIS SECTION DOES NOT APPLY TO AN ACTION F OR PERSONAL 17
122122 INJURY ARISING FROM EXPOSURE TO PFAS CHEMICALS, AS DEFINED IN § 6–1601 18
123123 OF THE ENVIRONMENT ARTICLE. 19
124124
125125 (2) An action for damages arising out of an occupational disease shall be 20
126126 filed within 3 years of the discovery of facts from which it was known or reasonably should 21
127127 have been known that an occupational disease was the proximate cause of death, but in 22
128128 any event not later than 10 years from the date of death. 23
129129
130130 5–113.1. 24
131131
132132 IF EXPOSURE TO PFAS CHEMICALS, AS DEFINED IN § 6–1601 OF THE 25
133133 ENVIRONMENT ARTICLE, WAS A CAUSE OF INJUR Y TO A PERSON, INCLUDING ANY 26
134134 COMPLICATIONS TO PRE GNANCY AND POTENTIAL DAMAGE TO OFFSPRING AS A 27
135135 RESULT OF THE EXPOSURE , AN ACTION FOR DAMAGE S SHALL BE FILED WITHIN THE 28
136136 EARLIER OF: 29
137137
138138 (1) 10 YEARS OF THE DATE OF EXPOSURE; OR 30
139139
140140 (2) 3 YEARS OF THE DATE WHEN THE CAUSE OF INJURY WAS 31
141141 DISCOVERED. 32
142142 4 HOUSE BILL 1112
143143
144144
145145 Article – Environment 1
146146
147147 6–1601. 2
148148
149149 (a) In this subtitle the following words have the meanings indicated. 3
150150
151151 (e) “PFAS chemicals” means, when used in fire–fighting agents, fire–fighting 4
152152 equipment, food packaging, [and] rugs and carpets, AND CONSUMER PRODUCT S, a class 5
153153 of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, 6
154154 including perfluoroalkyl and polyfluoroalkyl substances. 7
155155
156156 6–1604.2. 8
157157
158158 (A) THIS SECTION APPLIES TO CONSUMER PRODUCTS NOT OTHERWISE 9
159159 REGULATED UNDER : 10
160160
161161 (1) THIS SUBTITLE; 11
162162
163163 (2) TITLE 9, SUBTITLE 19 OF THIS ARTICLE; OR 12
164164
165165 (3) § 21–259.2 OF THE HEALTH – GENERAL ARTICLE. 13
166166
167167 (B) ON OR AFTER JULY 1, 2026, A PERSON MAY NOT MANUFACTURE , SELL, 14
168168 OFFER FOR SALE , OR DISTRIBUTE IN THE STATE A CONSUMER PROD UCT THAT 15
169169 CONTAINS PFAS CHEMICALS. 16
170170
171171 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
172172 October 1, 2025. 18