In this subtitle the following words have the meanings indicated. “Class B fire–fighting foam” or “foam” means a foam designed for flammable liquid fire. “Intentionally added” means the act of deliberately using a chemical in the formation of a product where the chemical’s continued presence is desired in the product to provide a specific characteristic. “Personal protective equipment” means items designed, intended, or marketed to be worn by fire–fighting personnel in the performance of their fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment. “PFAS chemicals” means, when used in fire–fighting agents, fire–fighting equipment, food packaging, and rugs and carpets, a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances. “Rug or carpet” means a thick fabric used to cover a floor, including: Commercial or residential broadloom carpet; and A pad or an underlayment used in conjunction with a carpet. “Terminal” means: A bulk liquid storage facility exclusively engaged in the merchant wholesale distribution of petroleum products, including liquefied petroleum gas, that contains at least one storage tank containing petroleum products with a surface area of 120 square meters or greater; or A facility engaged in the distribution of crude petroleum from extraction or processing facilities that includes at least one storage tank containing crude petroleum with a surface area of 120 square meters or greater.

The Department shall adopt regulations to carry out this subtitle.

Except as provided in subsections (b) and (c) of this section, on or after January 1, 2024, a person may not use, manufacture, or knowingly sell, offer for sale, or distribute for sale or use Class B fire–fighting foam that contains intentionally added PFAS chemicals in the State. Subject to subsection (c) of this section, a person may use, manufacture, sell, offer for sale, or distribute for sale or use Class B fire–fighting foam that contains intentionally added PFAS chemicals in the State: On or before September 30, 2024, if the fire–fighting foam will be used at an airport, a port, a refinery, or a chemical plant; On or before December 31, 2027, if the fire–fighting foam will be used at a terminal; and On or before any applicable date specified in federal law, if the fire–fighting foam will be used by a person that is required to use Class B fire–fighting foam that contains intentionally added PFAS chemicals. A person that is authorized under subsection (b) of this section to use Class B fire–fighting foam that contains intentionally added PFAS chemicals: May not release the foam directly into the environment, including through unsealed ground, soakage pits, waterways, or uncontrolled drains; and Shall: Fully contain all releases on site; Implement containment measures, including bunds and ponds, that are controlled and impervious to PFAS chemicals and do not allow firewater, wastewater, runoff, and other wastes to be released into the environment, including soils, groundwater, waterways, and stormwater; Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents releases into the environment; Within 5 days after a release in violation of item (i) of this paragraph, report the release to the Department, including information on the identity of the foam, the quantity used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals; and Maintain documentation on any measures taken under this paragraph. In investigating compliance with this subsection, the Department, the Attorney General, a State’s Attorney for a county or Baltimore City, a county attorney, or a City Attorney may request documentation maintained under paragraph (1) of this subsection. A person that receives a request under subparagraph (i) of this paragraph shall provide the documentation on request. A failure to meet the requirements of paragraph (1) or (2) of this subsection does not preclude the use of Class B fire–fighting foam containing intentionally added PFAS chemicals if the failure was a result of factors beyond the control of the person. If a person sells personal protective equipment for fire fighting that contains PFAS chemicals in the State, the person shall provide written notice to the purchaser at the time of the sale that includes: A statement that the personal protective equipment contains PFAS chemicals; and The reason that the personal protective equipment contains PFAS chemicals. Both the person selling personal protective equipment for fire fighting that contains PFAS chemicals and the purchaser of the personal protective equipment shall retain the notice under paragraph (1) of this subsection for at least 3 years after the date of the sale. On request of a fire department in the State, the Department shall take back from the fire department Class B fire–fighting foam that contains intentionally added PFAS chemicals. The Department shall dispose of fire–fighting foam received under this subsection in a manner consistent with this subtitle. For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $500,000 to the Department for the purpose of taking back and disposing of fire–fighting foam under this section.

A person may not dispose of a Class B fire–fighting foam that contains intentionally added PFAS chemicals: Using incineration, including by burning, combustion, pyrolysis, gasification, thermal oxidation, acid recovery furnace or oxidizer, ore roaster, cement kiln, lightweight aggregate kiln, industrial furnace boiler, and process heater; or In a landfill.

This section does not apply to the sale or resale of a used rug or carpet. On or after January 1, 2024, a person may not manufacture or knowingly sell, offer for sale, or distribute for sale or use in the State a rug or carpet to which PFAS chemicals have been intentionally added. A person that manufactures a rug or carpet for sale or use in the State shall establish a certificate of compliance to attest that the rug or carpet is in compliance with the requirements of this section. Within 30 days after a request by the Department, a person shall provide the certificate of compliance established under paragraph (1) of this subsection to the Department.

A person who violates this subtitle is subject to: For a first violation, a civil penalty not exceeding $500; and For a second or subsequent violation, a civil penalty not exceeding $1,000.