EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb1112* HOUSE BILL 1112 D3, J1, M3 5lr2447 By: Delegates Hornberger, Charkoudian, and Solomon Introduced and read first time: February 5, 2025 Assigned to: Judiciary and Health and Government Operations A BILL ENTITLED AN ACT concerning 1 PFAS Chemicals – Civil Actions and Prohibition on Consumer Product Sales 2 FOR the purpose of altering certain time limits for bringing certain civil actions concerning 3 exposure of a person to PFAS chemicals; prohibiting a person, on or after a certain 4 date, from manufacturing, selling, or distributing in the State a certain consumer 5 product that contains PFAS chemicals; and generally relating to PFAS chemicals. 6 BY repealing and reenacting, with amendments, 7 Article – Courts and Judicial Proceedings 8 Section 3–904(g) and 5–113(b) 9 Annotated Code of Maryland 10 (2020 Replacement Volume and 2024 Supplement) 11 BY adding to 12 Article – Courts and Judicial Proceedings 13 Section 5–113.1 14 Annotated Code of Maryland 15 (2020 Replacement Volume and 2024 Supplement) 16 BY repealing and reenacting, without amendments, 17 Article – Environment 18 Section 6–1601(a) 19 Annotated Code of Maryland 20 (2013 Replacement Volume and 2024 Supplement) 21 BY repealing and reenacting, with amendments, 22 Article – Environment 23 Section 6–1601(e) 24 Annotated Code of Maryland 25 (2013 Replacement Volume and 2024 Supplement) 26 2 HOUSE BILL 1112 BY adding to 1 Article – Environment 2 Section 6–1604.2 3 Annotated Code of Maryland 4 (2013 Replacement Volume and 2024 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Courts and Judicial Proceedings 8 3–904. 9 (g) (1) Except as provided in [paragraph (2) or (3)] PARAGRAPH (2), (3), OR 10 (4) of this subsection, an action under this subtitle shall be filed within three years after 11 the death of the injured person. 12 (2) (i) In this paragraph, “occupational disease” means a disease caused 13 by exposure to any toxic substance in the person’s workplace and contracted by a person in 14 the course of the person’s employment. 15 (ii) THIS PARAGRAPH DOES N OT APPLY TO AN ACTIO N UNDER 16 THIS SECTION ARISING FROM EXPOSURE TO PFAS CHEMICALS, AS DEFINED IN § 17 6–1601 OF THE ENVIRONMENT ARTICLE. 18 (III) If an occupational disease was a cause of a person’s death, an 19 action UNDER THIS SECTION shall be filed WITHIN THE EARLIER O F: 20 1. [Within] 10 years of the [time] DATE of death; or 21 2. [Within] 3 years of the date when the cause of death was 22 discovered[, whichever is the shorter]. 23 (3) IF EXPOSURE TO PFAS CHEMICALS WAS A CAUS E OF A PERSON’S 24 DEATH, AN ACTION UNDER THIS SECTION SHALL BE FIL ED WITHIN THE EARLIE R OF: 25 (I) 10 YEARS OF THE DATE OF DEATH; OR 26 (II) 3 YEARS OF THE DATE WH EN THE CAUSE OF DEAT H WAS 27 DISCOVERED. 28 [(3)] (4) (i) This paragraph applies only to a wrongful death cause of 29 action arising from conduct that would constitute a criminal homicide under State or 30 federal law. 31 HOUSE BILL 1112 3 (ii) If knowledge of a cause of action or the identity of a person whose 1 wrongful act contributed to a homicide is kept from a party by the conduct of an adverse 2 party or an accessory or accomplice of an adverse party: 3 1. The cause of action shall be deemed to accrue at the time 4 the party discovered or should have discovered by the exercise of ordinary diligence the 5 homicide and the identity of the person who contributed to the homicide; 6 2. A presumption shall exist that the party should have 7 discovered by the exercise of ordinary diligence the identity of the person who contributed 8 to the homicide after: 9 A. A charging document is filed against the person alleged to 10 have participated in the homicide; and 11 B. The charging document is unsealed and available to the 12 public; and 13 3. An action under this subtitle shall be filed within 3 years 14 after the date that the cause of action accrues. 15 5–113. 16 (b) (1) THIS SECTION DOES NOT APPLY TO AN ACTION F OR PERSONAL 17 INJURY ARISING FROM EXPOSURE TO PFAS CHEMICALS, AS DEFINED IN § 6–1601 18 OF THE ENVIRONMENT ARTICLE. 19 (2) An action for damages arising out of an occupational disease shall be 20 filed within 3 years of the discovery of facts from which it was known or reasonably should 21 have been known that an occupational disease was the proximate cause of death, but in 22 any event not later than 10 years from the date of death. 23 5–113.1. 24 IF EXPOSURE TO PFAS CHEMICALS, AS DEFINED IN § 6–1601 OF THE 25 ENVIRONMENT ARTICLE, WAS A CAUSE OF INJUR Y TO A PERSON, INCLUDING ANY 26 COMPLICATIONS TO PRE GNANCY AND POTENTIAL DAMAGE TO OFFSPRING AS A 27 RESULT OF THE EXPOSURE , AN ACTION FOR DAMAGE S SHALL BE FILED WITHIN THE 28 EARLIER OF: 29 (1) 10 YEARS OF THE DATE OF EXPOSURE; OR 30 (2) 3 YEARS OF THE DATE WHEN THE CAUSE OF INJURY WAS 31 DISCOVERED. 32 4 HOUSE BILL 1112 Article – Environment 1 6–1601. 2 (a) In this subtitle the following words have the meanings indicated. 3 (e) “PFAS chemicals” means, when used in fire–fighting agents, fire–fighting 4 equipment, food packaging, [and] rugs and carpets, AND CONSUMER PRODUCT S, a class 5 of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, 6 including perfluoroalkyl and polyfluoroalkyl substances. 7 6–1604.2. 8 (A) THIS SECTION APPLIES TO CONSUMER PRODUCTS NOT OTHERWISE 9 REGULATED UNDER : 10 (1) THIS SUBTITLE; 11 (2) TITLE 9, SUBTITLE 19 OF THIS ARTICLE; OR 12 (3) § 21–259.2 OF THE HEALTH – GENERAL ARTICLE. 13 (B) ON OR AFTER JULY 1, 2026, A PERSON MAY NOT MANUFACTURE , SELL, 14 OFFER FOR SALE , OR DISTRIBUTE IN THE STATE A CONSUMER PROD UCT THAT 15 CONTAINS PFAS CHEMICALS. 16 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 October 1, 2025. 18