PFAS Chemicals – Product Phase Outs and Registration Requirements

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0686*

SENATE BILL 686
M3 6lr2228
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By: Senator Love
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

PFAS Chemicals – Product Phase Outs and Registration Requirements 2

FOR the purpose of prohibiting manufacturers from selling, offering for sale, distributing, 3
or distributing for sale in the State, certain products containing intentionally added 4
per– and polyfluoroalkyl (PFAS) chemicals on or after certain dates; establis hing 5
registration requirements for certain products that contain intentionally added 6
PFAS chemicals; providing for the testing of certain products to determine 7
compliance with this Act; establishing the Maryland PFAS Chemicals Protection and 8
Remediation Fu nd as a special, nonlapsing fund in the Department of the 9
Environment; requiring interest earnings to be credited to the Fund; requiring the 10
Department to provide grants and loans from the Fund for certain projects related 11
to the purposes of the Fund; requiring certain penalties to be deposited to the Fund; 12
and generally relating to PFAS chemicals. 13

BY adding to 14
Article – Environment 15
New part designation “Part I. Requirements and Prohibitions” to immediately 16
precede Section 6–1601 17
Annotated Code of Maryland 18
(2013 Replacement Volume and 2025 Supplement) 19

BY repealing and reenacting, with amendments, 20
Article – Environment 21
Section 6–1601 through 6–1603, 6–1604.1, and 6–1605 22
Annotated Code of Maryland 23
(2013 Replacement Volume and 2025 Supplement) 24

BY repealing 25
Article – Environment 26
Section 6–1604 27
Annotated Code of Maryland 28
2 SENATE BILL 686

(2013 Replacement Volume and 2025 Supplement) 1

BY adding to 2
Article – Environment 3
Section 6–1605 through 6 –1607; 6–1611 through 6 –1613 to be under the new part 4
“Part II. Marylan d PFAS Chemicals Protection and Remediation Fund and 5
Grant Program”; and 6–16A–05(c) 6
Annotated Code of Maryland 7
(2013 Replacement Volume and 2025 Supplement) 8

BY adding to 9
Article – Environment 10
Section 9–1906(d) 11
Annotated Code of Maryland 12
(2014 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, without amendments, 14
Article – State Finance and Procurement 15
Section 6–226(a)(2)(ii) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, with amendments, 19
Article – State Finance and Procurement 20
Section 6–226(a)(2)(iii)212. and 213. 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2025 Supplement) 23

BY adding to 24
Article – State Finance and Procurement 25
Section 6–226(a)(2)(iii)214. 26
Annotated Code of Maryland 27
(2021 Replacement Volume and 2025 Supplement) 28

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 29
That the Laws of Maryland read as follows: 30

Article – Environment 31

PART I. REQUIREMENTS AND PROHIBITIONS. 32

6–1601. 33

(a) In this subtitle the following words have the meanings indicated. 34

(b) “Class B fire–fighting foam” or “foam” means a foam designed for flammable 35
liquid fire. 36
SENATE BILL 686 3

(C) (1) “CLEANING PRODUCT” MEANS A FINISHED PRO DUCT USED FOR 1
GENERAL CLEANING OR POLISHING PURPOSES. 2

(2) “CLEANING PRODUCT” INCLUDES: 3

(I) A LAUNDRY DETERGENT OR CLOTHING SOFTENER; 4

(II) A DISHWASHING COMPOUND; 5

(III) A HOUSEHOLD CLEANER , METAL CLEANER , DEGREASING 6
COMPOUND, COMMERCIAL CLEANER , INDUSTRIAL CLEANER , OR PHOSP HATE 7
COMPOUND; 8

(IV) A FLOOR POLISH MAINTENANCE PRODUCT; 9

(V) AN AIR CARE PRODUCT L ABELED FOR THE INTEN DED USE 10
OF ENHANCING THE CONDITIONS OF THE INDOO R ENVIRONMENT BY ELI MINATING 11
UNPLEASANT ODORS OR FRESHENING THE AIR; AND 12

(VI) AN AUTOMOTIVE CLE ANING PRODUCT LABELE D FOR THE 13
INTENDED USE OF CLEA NING, RESTORING, OR MAINTAINING THE A PPEARANCE OF 14
THE INTERIOR OR EXTERIOR OF A MOTOR VEHICLE. 15

(3) “CLEANING PRODUCT ” DOES NOT INCLUDE AN AUTOMOTIVE 16
PAINT OR PAINT REPAIR PRODUCT. 17

(D) (1) “COOKWARE” MEANS A DURABLE HOUS EWARE ITEM USED TO 18
PREPARE, DISPENSE, OR STORE FOOD, FOODSTUFFS, OR BEVERAGES. 19

(2) “COOKWARE” INCLUDES A POT , PAN, SKILLET GRILL , BAKING 20
SHEET, BAKING MOLD, TRAY, BOWL, OR COOKING UTENSIL. 21

(E) (1) “COSMETIC” MEANS A SUBSTANCE , COMPONENT OF A 22
SUBSTANCE, OR PRODUCT THAT IS INTENDED TO BE RUBBED, POURED, SPRINKLED 23
OR SPRAYED ON, INTRODUCED ONTO, OR OTHERWISE APPLIED TO THE HUMAN BODY 24
FOR BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING APPEARANCE. 25

(2) “COSMETIC” DOES NOT INCLUDE A SOAP. 26

(F) “CURRENTLY UNAVOIDABLE USE” MEANS A USE OF PFAS CHEMICALS: 27

4 SENATE BILL 686

(1) THAT THE DEPARTMENT HAS DETERM INED BY REGULATION T O 1
BE ESSENTIAL FOR HEALTH, SAFETY, OR THE FUNCTIONING OF SOCIETY; AND 2

(2) FOR WHICH THE DEPARTMENT HAS DETERM INED BY 3
REGULATION THAT ALTERNATIVES ARE NOT REASONABLY AVAILABLE. 4

(G) “FABRIC TREATMENT” MEANS A SUBSTANCE APPLIED TO A FABRIC FOR 5
STAIN, GREASE, OR WATER RESISTANCE OR FLAME RETARDANCE. 6

(H) (1) “FEMININE HYGIENE PROD UCT” MEANS A DISPOSABLE OR 7
REUSABLE PRODUCT TO COLLECT MENSTRUATION AND VAGINAL DISCHARGE. 8

(2) “FEMININE HYGIENE PROD UCT” INCLUDES A TAMPON , A PAD, A 9
SPONGE, A PAIR OF MENSTRUATI ON UNDERWEAR , A DISC , AN APPLICATOR , A 10
MENSTRUATION CUP, OR A VAGINAL DOUCHE. 11

[(c)] (I) “Intentionally added” means the act of deliberately using a chemical in 12
the formation of a product where the chemical’s continued presence is desired in the product 13
to provide a specific characteristic. 14

(J) (1) “INTIMACY PRODUCT” MEANS A SUBSTANCE, A COMPONENT OF A 15
SUBSTANCE, OR A PRODUCT INTENDED FOR USE DURING SEXUAL INTIMACY. 16

(2) “INTIMACY PRODUCT” INCLUDES: 17

(I) A CONDOM; 18

(II) GENITAL LUBRICANT; AND 19

(III) THE EXTERIOR SURFACE OF A PRODUCT INTENDE D FOR 20
GENITAL STIMULATION. 21

(3) “INTIMACY PRODUCT ” DOES NOT INCLUDE ANY INTERNAL 22
ELECTRONIC COMPONENT OF A PRODUCT INTENDED FOR GENITAL STIMULATION. 23

(K) (1) “JUVENILE PRODUCT ” MEANS A PRODUCT DESI GNED OR 24
MARKETED FOR USE BY CHILDREN UNDER THE AGE OF 12 YEARS. 25

(2) “JUVENILE PRODUCT” INCLUDES: 26

(I) A FOAM PILLOW FOR A BABY OR TODDLER; 27

(II) 1. A BASSINET; 28

SENATE BILL 686 5

2. A BEDSIDE SLEEPER; 1

3. A CO–SLEEPER; 2

4. A CRIB MATTRESS; 3

5. A TODDLER MATTRESS; 4

6. AN INFANT TRAVEL BED; 5

7. A NAP COT; 6

8. A PORTABLE FOAM NAP MAT; 7

9. A PORTABLE INFANT SLEEPER; 8

10. A SOFT–SIDED PORTABLE CRIB; 9

11. AN INFANT SLEEP POSITIONER; OR 10

12. ANY OTHER PRODUCT LABELED AND INTENDED AS A 11
SLEEP SURFACE FOR INFANTS OR CHILDREN; 12

(III) A CHILD RESTRAINT SYSTEM FOR USE IN A MOTOR VEHICLE 13
OR ON AIRCRAFT; 14

(IV) A BOOSTER SEAT , HIGHCHAIR, HIGHCHAIR PAD , OR 15
PORTABLE HOOK–ON CHAIR; 16

(V) A PLAY MAT, PLAYPEN, OR PLAY YARD; 17

(VI) AN INFANT WALKER , INFANT SEAT , INFANT SWING , OR 18
INFANT BOUNCER; 19

(VII) A STROLLER OR AN INFANT CARRIER; 20

(VIII) A NURSING PAD OR NURSING PILLOW; AND 21

(IX) A CHANGING PAD. 22

(3) “JUVENILE PRODUCT” DOES NOT INCLUDE: 23

(I) AN ELECTRONIC PRODUCT FOR CHILDREN, SUCH AS: 24
6 SENATE BILL 686

1. A PERSONAL COMPUTER; 1

2. AUDIO OR VIDEO EQUIPMENT; 2

3. CALCULATOR; 3

4. WIRELESS PHONE; 4

5. GAME CONSOLE; 5

6. HANDHELD DEVICE INCOR PORATING A VIDEO 6
SCREEN; OR 7

7. ANY ASSOCIATED PERIPH ERAL DEVICE , SUCH AS A 8
MOUSE, KEYBOARD, POWER SUPPLY UNIT, OR POWER CORD; OR 9

(II) AN ADULT MATTRESS. 10

(L) “MANUFACTURER” MEANS: 11

(1) THE PERSON THAT PRODU CED OR ASSEMBLED A P RODUCT OR 12
WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT; OR 13

(2) IF THE PERSON THAT PR ODUCED OR ASSEMBLED THE PRODUCT 14
OR WHOSE BRAND NAME IS AFFIXED TO THE PR ODUCT DOES NOT HAVE AN OFFICE 15
OR EMPLOYEES IN THE UNITED STATES, THE IMPORTER OR FIRS T DOMESTIC 16
DISTRIBUTOR OF THE PRODUCT. 17

(M) (1) “PERSONAL CARE PRODUCT” MEANS A SUBSTANCE, COMPONENT 18
OF A SUBSTANCE, OR PRODUCT THAT IS INTENDED FOR: 19

(I) CLEANING, CLEANSING, OR CONDITIONING ANY PART OF 20
THE BODY, SUCH AS THE SKIN, TEETH, OR HAIR; OR 21

(II) PROTECTING SKIN FROM THE SUN. 22

(2) “PERSONAL CARE PRODUCT ” INCLUDES, WHETHER INTENDED 23
FOR USE ON HUMANS OR PETS: 24

(I) SHAMPOO OR HAIR CONDITIONER; 25

(II) SOAP, BATH GEL, OR ANY OTHER BATH PRODUCT; 26
SENATE BILL 686 7

(III) A TOOTHBRUSH, TOOTHPASTE, DENTAL FLOSS, OR MOUTH 1
WASH; 2

(IV) SHAVING GEL; OR 3

(V) SUNSCREEN. 4

(3) “PERSONAL CARE PRODUCT” DOES NOT INCLUDE A PRODUCT FOR 5
WHICH A PRESCRIPTION IS REQUIRED FOR DISTRIBUTION OR DISPENSATION. 6

[(d)] (N) “Personal protective equipment” means items designed, intended, or 7
marketed to be worn by fire–fighting personnel in the performance of their fire and rescue 8
activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment. 9

[(e)] (O) “PFAS chemicals” means, when used in [fire–fighting agents, 10
fire–fighting equipment, food packaging, and rugs and carpets] A PRODUCT REGULATED 11
UNDER THIS SUBTITLE, a class of fluorinated organic chemicals that contain at least one 12
fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances. 13

[(f)] (P) “Rug or carpet” means a thick fabric used to cover a floor, including: 14

(1) Commercial or residential broadloom carpet; and 15

(2) A pad or an underlayment used in conjunction with a carpet. 16

(Q) (1) “SKI WAX” MEANS A LUBRICANT AP PLIED TO THE BOTTOM OF A 17
SNOW RUNNER, INCLUDING A SKI OR A SNOWBOARD, TO IMPROVE GRIP OR G LIDE 18
PROPERTIES. 19

(2) “SKI WAX” INCLUDES ASSOCIATED TUNING PRODUCTS. 20

[(g)] (R) “Terminal” means: 21

(1) A bulk liquid storage facility exclusively engaged in the merchant 22
wholesale distribution of petroleum products, including liquefied petroleum gas, that 23
contains at least one storage tank containing petroleum products with a surface area of 120 24
square meters or greater; or 25

(2) A facility engaged in the distribution of crude petroleum from 26
extraction or processing facilities that includes at least one storage tank contain ing crude 27
petroleum with a surface area of 120 square meters or greater. 28

8 SENATE BILL 686

(S) (1) “TEXTILE” MEANS AN ITEM MADE I N WHOLE OR IN PART F ROM A 1
NATURAL OR SYNTHETIC FIBER, YARN, OR FABRIC, INCLUDING LEATHER, COTTON, 2
SILK, JUTE, HEMP, WOOL, VISCOSE, NYLON, OR POLYESTER. 3

(2) “TEXTILE” INCLUDES: 4

(I) OUTERWEAR; AND 5

(II) BEDDING. 6

(T) (1) “TEXTILE FURNISHING ” MEANS A TEXTILE PROD UCT MADE IN 7
WHOLE OR IN PART FROM A NATURAL OR SYNTHETIC FIBER, YARN, OR FABRIC THAT 8
IS USED AS FURNITURE OR AS A DECORATIVE ACCESSORY. 9

(2) “TEXTILE FURNISHING” INCLUDES A MATTRESS. 10

(U) “UPHOLSTERED FURNITURE” MEANS FURNITURE THAT IS WHOLLY OR 11
PARTIALLY STUFFED WITH A FILLING MATERIAL. 12

6–1602. 13

(A) The Department shall adopt regulations to carry out this subtitle. 14

(B) THE REQUIREMENTS OF T HIS SUBTITLE ARE IN ADDITION TO ANY 15
REQUIREMENTS ESTABLISHED UNDER: 16

(1) SUBTITLE 16A OF THIS TITLE; 17

(2) TITLE 9, SUBTITLE 19 OF THIS ARTICLE; AND 18

(3) § 21–259.2 OF THE HEALTH – GENERAL ARTICLE. 19

6–1603. 20

(a) Except as provided in subsections (b) and (c) of this section, on or after January 21
1, 2024, a person may not use, manufacture, or knowingly sell, offer for sale, or distribute 22
for sale or use Class B fire–fighting foam that contains intentionally added PFAS chemicals 23
in the State. 24

(b) Subject to subsection (c) of this section, a person may use, manufacture, sell, 25
offer for sale, or distribute for sale or use Class B fire –fighting foam that contains 26
intentionally added PFAS chemicals in the State: 27

(1) On or before September 30, 2024, if the fire–fighting foam will be used 28
at an airport, a port, a refinery, or a chemical plant; 29
SENATE BILL 686 9

(2) On or before December 31, 2027, if the fire –fighting foam will be used 1
at a terminal; and 2

(3) On or before any applicable date sp ecified in federal law, if the 3
fire–fighting foam will be used by a person that is required to use Class B fire –fighting 4
foam that contains intentionally added PFAS chemicals. 5

(c) (1) A person that is authorized under subsection (b) of this section to u se 6
Class B fire–fighting foam that contains intentionally added PFAS chemicals: 7

(i) May not release the foam directly into the environment, 8
including through unsealed ground, soakage pits, waterways, or uncontrolled drains; and 9

(ii) Shall: 10

1. Fully contain all releases on site; 11

2. Implement containment measures, including bunds and 12
ponds, that are controlled and impervious to PFAS chemicals and do not allow firewater, 13
wastewater, runoff, and other wastes to be released into the environment , including soils, 14
groundwater, waterways, and stormwater; 15

3. Dispose of all firewater, wastewater, runoff, and other 16
wastes in a way that prevents releases into the environment; 17

4. Within 5 days after a release in violation of item (i) of this 18
paragraph, report the release to the Department, including information on the identity of 19
the foam, the quantity used, the total PFAS concentration, and the form of any waste that 20
contains PFAS chemicals; and 21

5. Maintain documentation on any measures t aken under 22
this paragraph. 23

(2) (i) In investigating compliance with this subsection, the 24
Department, the Attorney General, a State’s Attorney for a county or Baltimore City, a 25
county attorney, or a City Attorney may request documentation maintained unde r 26
paragraph (1) of this subsection. 27

(ii) A person that receives a request under subparagraph (i) of this 28
paragraph shall provide the documentation on request. 29

(3) A failure to meet the requirements of paragraph (1) or (2) of this 30
subsection does not preclude the use of Class B fire–fighting foam containing intentionally 31
added PFAS chemicals if the failure was a result of factors beyond the control of the person. 32

10 SENATE BILL 686

(d) (1) If a person sells personal protective equipment for fire fighting that 1
contains PFAS chemicals in the State, the person shall provide written notice to the 2
purchaser at the time of the sale that includes: 3

(i) A statement that the personal protective equipment contains 4
PFAS chemicals; and 5

(ii) The reason that the personal prot ective equipment contains 6
PFAS chemicals. 7

(2) Both the person selling personal protective equipment for fire fighting 8
that contains PFAS chemicals and the purchaser of the personal protective equipment shall 9
retain the notice under paragraph (1) of this subsection for at least 3 years after the date 10
of the sale. 11

(e) (1) On request of a fire department in the State, the Department shall take 12
back from the fire department Class B fire–fighting foam that contains intentionally added 13
PFAS chemicals. 14

(2) The Department shall dispose of fire–fighting foam received under this 15
subsection in a manner consistent with this subtitle. 16

(3) For fiscal year 2024, the Governor shall include in the annual budget 17
bill an appropriation of $500,000 to the Department for the purpose of taking back and 18
disposing of fire–fighting foam under this section. 19

(F) A PERSON MAY NOT DISPOSE OF A CLASS B FIRE–FIGHTING FOAM THAT 20
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS: 21

(1) USING INCINERATION , INCLUDING BY BURNING , COMBUSTION, 22
PYROLYSIS, GASIFICATION, THERMAL OXIDATION , ACID RECOVERY FURNAC E OR 23
OXIDIZER, ORE ROASTER , CEMENT KILN , LIGHTWEIGHT AGGREGAT E KILN , 24
INDUSTRIAL FURNACE BOILER, AND PROCESS HEATER; OR 25

(2) IN A LANDFILL. 26

[6–1604. 27

A person may not dispose of a Class B fire–fighting foam that contains intentionally 28
added PFAS chemicals: 29

(1) Using incineration, including by burning, combustion, pyrolysis, 30
gasification, thermal oxidation, acid recovery furnace or oxidizer, ore roaster, cement kiln, 31
lightweight aggregate kiln, industrial furnace boiler, and process heater; or 32

(2) In a landfill.] 33
SENATE BILL 686 11

[6–1604.1.] 6–1604. 1

(a) This section does not apply to the sale or resale of a used rug or carpet. 2

(b) On or after January 1, 2024, a person may not manufacture or knowingly sell, 3
offer for sale, or distribute for sale or use in the State a rug or carpet to which PFAS 4
chemicals have been intentionally added. 5

(c) (1) A person that manufactures a rug or carpet for sale or use in the State 6
shall establish a certificate of compliance to attest that the rug or carpet is in compliance 7
with the requirements of this section. 8

(2) Within 30 days after a request by the Department, a person shall 9
provide the certificate of compliance established under paragraph (1) of this sub section to 10
the Department. 11

6–1605. 12

(A) THIS SECTION DOES NOT APPLY TO: 13

(1) A PRODUCT FOR WHICH FEDERAL LAW GOVERNS THE PRESENCE 14
OF PFAS CHEMICALS IN THE PRO DUCT IN A MANNER THA T PREEMPTS STATE 15
AUTHORITY; 16

(2) A USED PRODUCT OFFERED FOR SALE OR RESALE, INCLUDING 17
ANY RECYCLED MATERIAL USED IN REMANUFACTURING; OR 18

(3) A PRODUCT FOR WHICH THE DEPARTMENT HAS DETERMINED BY 19
REGULATION THAT THE USE OF PFAS CHEMICALS IS A CURRENTLY UNAVOIDABLE 20
USE. 21

(B) ON OR AFTER JANUARY 1, 2028, A MANUFACTURER MAY NOT SELL , 22
OFFER FOR SALE, DISTRIBUTE, OR DISTRIBUTE FOR SALE IN THE STATE, DIRECTLY 23
OR INDIRECTLY OR THROUGH INTERMEDIARIES, THE FOLLOWING PRODUCTS IF THE 24
PRODUCT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS: 25

(1) A CLEANING PRODUCT; 26

(2) COOKWARE; 27

(3) A COSMETIC; 28

(4) A PERSONAL CARE PRODUCT; 29

12 SENATE BILL 686

(5) A FEMININE HYGIENE PRODUCT; 1

(6) A PET FOOD PACKAGE OR PACKAGING COMPONENT INTENDED 2
FOR DIRECT FOOD CONTACT WITH PET FOOD; 3

(7) A JUVENILE PRODUCT; OR 4

(8) AN INTIMACY PRODUCT. 5

(C) ON OR AFTER JANUARY 1, 2029, A MANUFACTURER MAY N OT SELL , 6
OFFER FOR SALE, DISTRIBUTE, OR DISTRIBUTE FOR SALE IN THE STATE, DIRECTLY 7
OR INDIRECTLY OR THROUGH INTERMEDIARIES, THE FOLLOWING PRODUCTS IF THE 8
PRODUCT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS: 9

(1) A FABRIC TREATMENT; 10

(2) SKI WAX; 11

(3) A TEXTILE; 12

(4) TEXTILE FURNISHING; 13

(5) UPHOLSTERED FURNITURE; OR 14

(6) PAINT. 15

(D) (1) ON OR BEFORE JANUARY 1, 2027, THE DEPARTMENT SHALL 16
ADOPT REGULATIONS TO IDENTIFY CURRENTLY U NAVOIDABLE USES OF PFAS 17
CHEMICALS THAT: 18

(I) ARE ESSENTIAL FOR HEA LTH, SAFETY, OR THE 19
FUNCTIONING OF SOCIETY; AND 20

(II) FOR WHICH ALTERNATIVE S ARE NOT REASONABLY 21
AVAILABLE. 22

(2) IN DEVELOPING REGULAT IONS UNDER THIS SUBS ECTION, THE 23
DEPARTMENT SHALL CONSULT WITH: 24

(I) THE MARYLAND DEPARTMENT OF HEALTH; AND 25

(II) OTHER UNITS OF STATE GOVERNMENT AS T HE 26
DEPARTMENT DEEMS NECESSARY. 27
SENATE BILL 686 13

6–1606. 1

(A) THIS SECTION APPLIES TO ALL PRODUCTS CONT AINING 2
INTENTIONALLY ADDED PFAS CHEMICALS, REGARDLESS OF WHETHE R THE 3
DEPARTMENT HAS DETERM INED THAT THE USE OF PFAS CHEMICALS IN THE 4
PRODUCT IS A CURRENT LY UNAVOIDABLE USE I N ACCORDANCE WITH § 6–1605(D) 5
OF THIS SUBTITLE. 6

(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , ON 7
OR BEFORE JANUARY 1, 2028, EACH MANUFACTURER OF A PRODUCT SOLD , 8
OFFERED FOR SALE , DISTRIBUTED, OR DISTRIBUTED FOR S ALE IN THE STATE, 9
DIRECTLY OR INDIRECT LY OR THROUGH INTERM EDIARIES, SHALL REGISTER THE 10
PRODUCT WITH THE DEPARTMENT BY: 11

(I) SUBMITTING TO THE DEPARTMENT A PFAS CHEMICALS 12
DISCLOSURE FORM PRESCRIBED BY THE DEPARTMENT; AND 13

(II) PAYING TO THE DEPARTMENT THE PFAS CHEMICALS 14
REGISTRATION FEE ESTABLISHED UNDER SUBSECTION (F) OF THIS SECTION. 15

(2) A MANUFACTURER SHALL S UBMIT A REVISION TO THE 16
INFORMATION PROVIDED ON A PFAS CHEMICALS DISCLOSURE FORM WITHIN 30 17
DAYS OF: 18

(I) A SIGNIFICANT CHANGE T O THE PREVIOUSLY PRO VIDED 19
INFORMATION; OR 20

(II) RECEIVING A WRITTEN R EQUEST FOR ADDITIONAL 21
INFORMATION FROM THE DEPARTMENT UNDER SUBSECTION (C) OF THIS SECTION. 22

(3) ON WRITTEN APPROVAL F ROM THE DEPARTMENT, A 23
MANUFACTURER MAY PRO VIDE THE INFORMATION REQUIRED UNDER THIS 24
SUBSECTION TO THE DEPARTMENT FOR A CATE GORY OR TYPE OF PRODUCT OR 25
PRODUCT COMPONENT. 26

(C) WITHIN 60 DAYS AFTER RECEIVING A PFAS CHEMICAL DISCLOSURE 27
FORM UNDER SUBSECTIO N (B) OF THIS SECTION , THE DEPARTMENT SHALL 28
PROVIDE WRITTEN NOTICE TO THE MANUFACTURER: 29

(1) CONFIRMING THAT THE INFORMATION IS COMPLETE; OR 30

14 SENATE BILL 686

(2) REQUESTING ADDITIONAL INFORMATION FROM THE 1
MANUFACTURER. 2

(D) (1) THE DEPARTMENT MAY WAIVE THE OBLIGATION OF A 3
MANUFACTURER TO PROV IDE ALL OR PART OF T HE INFORMATION REQUI RED 4
UNDER A PFAS DISCLOSURE FORM IF: 5

(I) THE DEPARTMENT DETERMINES THAT SUBSTANTIALLY 6
EQUIVALENT INFORMATION IS PUBLICLY AVAILABLE; OR 7

(II) THE MANUFACTURER DEMONSTRATES THAT THE PRODUCT 8
MEETS EQUIVALENT REG ISTRATION REQUIREMEN TS IN ANOTHER STATE OR 9
POLITICAL SUBDIVISIO N OF A STATE WITH WH ICH THE DEPARTMENT HAS 10
ESTABLISHED AN INFORMATION SHARING AGREEMENT. 11

(2) THE DEPARTMENT MAY ENTER INTO AN AGREEMENT WITH ON E 12
OR MORE STATES OR PO LITICAL SUBDIVISIONS OF A STATE TO COLLEC T 13
INFORMATION ON PFAS CHEMICAL USE AND MAY ACCEPT INFORMATION T O A 14
SHARED SYSTEM AS MEE TING THE INFORMATION REQUIREMENTS ESTABLI SHED 15
FOR PFAS CHEMICALS DISCLOSURE FORMS UNDER THIS SECTION. 16

(3) A WAIVER GRANTED UNDER THIS SUBSECTION MAY BE GRANTED 17
FOR MULTIPLE PRODUCTS OR A PRODUCT CATEGORY. 18

(4) A WAIVER GRANTED UNDER THIS SUBSECTION DOES NOT 19
RELEASE A MANUFACTURER FROM THE OBLIGATION TO PAY THE PFAS CHEMICALS 20
REGISTRATION FEE ESTABLISHED UNDER SUBSECTION (F) OF THIS SECTION. 21

(E) THE DEPARTMENT MAY EXTEND THE DEADLINE FOR A MANUFACTURER 22
TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION IF THE 23
DEPARTMENT DETERMINES THAT CIRCUMSTANCES MERIT AN EXTENSION. 24

(F) (1) THE DEPARTMENT SHALL, BY REGULATION, ESTABLISH A PFAS 25
CHEMICALS REGISTRATION FEE AT A LEVEL AD EQUATE TO COVER THE COSTS TO 26
THE DEPARTMENT OF PROCESS ING, STORING, AND ENFORCING THE 27
REQUIREMENTS OF THIS SECTION. 28

(2) PFAS CHEMICALS REGISTRATION FEES COLLECTED UNDER THIS 29
SECTION SHALL BE DEPOSITED TO THE MARYLAND PFAS CHEMICALS PROTECTION 30
AND REMEDIATION FUND ESTABLISHED UNDER § 6–1612 OF THIS SUBTITLE. 31

(G) ON OR AFTER JANUARY 1, 2029, A MANUFACTURER MAY N OT SELL , 32
OFFER FOR SALE , DISTRIBUTE, OR DISTRIBUTE FOR SA LE, DIRECTLY OR 33
SENATE BILL 686 15

INDIRECTLY OR THROUG H INTERMEDIARIES , A PRODUCT THAT CONTA INS 1
INTENTIONALLY ADDED PFAS CHEMICALS UNLESS THE MANUFACTURER IS IN 2
COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. 3

6–1607. 4

(A) FOR THE PURPOSE OF DE TERMINING COMPLIANCE WITH THE 5
REQUIREMENTS OF THIS SUBTITLE: 6

(1) IF THE DEPARTMENT HAS REASON TO BELIEVE THAT A PRODUCT 7
CONTAINING INTENTIONALLY ADDED PFAS CHEMICALS IS BEING S OLD, OFFERED 8
FOR SALE, DISTRIBUTED, OR DISTRIBUTED FOR S ALE IN THE STATE IN VIOLATION 9
OF THIS SUBTITLE , THE DEPARTMENT SHALL REQU IRE THE MANUFACTURER TO 10
TEST THE PRODUCT IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION; AND 11

(2) AT LEAST ONCE PER YEAR, THE DEPARTMENT SHALL: 12

(I) RANDOMLY SELECT PRODU CTS IN EACH CATEGORY FOR 13
WHICH INTENTIONALLY ADDED PFAS CHEMICALS ARE PROHIB ITED UNDER THIS 14
SUBTITLE; AND 15

(II) REQUIRE EACH MANUFACT URER OF A RANDOMLY 16
SELECTED PRODUCT TO TEST THE PRODUCT IN ACCORDANCE WITH SUBSECTION (B) 17
OF THIS SECTION. 18

(B) THE DEPARTMENT MAY REQUIRE THE MANUFACTURER OF A PRODUCT, 19
WITHIN 30 DAYS AFTER RECEIVING WRITTEN NOTICE FROM THE DEPARTMENT, TO 20
PROVIDE THE DEPARTMENT WITH TESTI NG RESULTS THAT DEMO NSTRATE THE 21
AMOUNT OF EACH PFAS CHEMICAL IN THE PROD UCT, IDENTIFIED BY THE 22
CHEMICAL’S ABSTRACTS SERVICE REGISTRY NUMBER, AND REPORTED: 23

(1) AS AN EXACT QUANTITY DETERMINED USING COM MERCIALLY 24
AVAILABLE ANALYTICAL METHODS; OR 25

(2) AS FALLING WITHIN A R ANGE APPROVED FOR RE PORTING 26
PURPOSES BY THE DEPARTMENT. 27

(C) IF TESTING CONDUCTED UNDER THIS SECTION DEMONSTRATES THAT 28
THE PRODUCT DOES NOT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS, THE 29
MANUFACTURER SHALL PROVIDE THE DEPARTMENT WITH: 30

(1) A CERTIFICATE OF COMPLIANCE ATTESTING THAT THE PRODUCT 31
DOES NOT CONTAIN INTENTIONALLY ADDED PFAS SUBSTANCES; 32
16 SENATE BILL 686

(2) THE TESTING RESULTS; AND 1

(3) ANY OTHER INFORMATION REQUESTED BY THE DEPARTMENT. 2

(D) IF TESTING CONDUCTED UNDER THIS SECTION D EMONSTRATES THAT 3
THE PRODUCT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS, THE 4
MANUFACTURER SHALL: 5

(1) WITHIN 30 DAYS AFTE R RECEIVING THE TEST ING RESULTS , 6
REGISTER THE PRODUCT WITH THE DEPARTMENT IN ACCORDANCE WITH § 6–1606 7
OF THIS SUBTITLE; AND 8

(2) IF THE SALE OF THE PRODUCT IS PROHIBITED IN THE STATE: 9

(I) NOTIFY EACH PERSON TH AT SELLS , OFFERS FOR SALE , 10
DISTRIBUTES, OR DISTRIBUTES FOR SA LE THE PRODUCT IN TH E STATE THAT THE 11
PRODUCT IS PROHIBITED; 12

(II) PROVIDE THE DEPARTMENT WITH A LIST OF THE NAME AND 13
ADDRESS OF EACH PERSON NOTIFIED UNDER ITEM (I) OF THIS PARAGRAPH; AND 14

(III) BUY BACK ANY REMAINING STOCK OF THE PRODUCT FROM 15
A PERSON THAT SELLS, OFFERS FOR SALE, DISTRIBUTES, OR DISTRIBUTES FOR SALE 16
THE PRODUCT IN THE STATE AT THE ORIGINAL PURCHASE PRICE. 17

[6–1605.] 6–1608. 18

(A) A person who violates § 6–1603 OR § 6–1604 OF this subtitle is subject to: 19

(1) For a first violation, [a civil ] AN ADMINISTRATIVE penalty not 20
exceeding $500; and 21

(2) For a second or subsequent violation, [a civil] AND ADMINISTRATIVE 22
penalty not exceeding $1,000. 23

(B) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION , A 24
MANUFACTURER WHO VIOLATES A PROVISION OF THIS SUBTITLE IS SUBJECT TO AN 25
ADMINISTRATIVE PENALTY NOT EXCEEDING $15,000. 26

(C) (1) THE DEPARTMENT MAY ISSUE AN ADMINISTRATIVE OR DER 27
REQUIRING A MANUFACTURER TO COMPLY WITH A REQUIREMENT OR PROHIBITION 28
ESTABLISHED UNDER THIS SUBTITLE. 29

SENATE BILL 686 17

(2) (I) IN ADDITION TO THE PE NALTIES PROVIDED UND ER 1
SUBSECTIONS (A) AND (B) OF THIS SECTION, A MANUFACTURER WHO VIOLATES AN 2
ADMINISTRATIVE ORDER ISSUED UNDER THIS SU BSECTION IS SUBJECT TO A CIVIL 3
PENALTY NOT EXCEEDING $25,000 TO BE COLLECTED IN A CIVIL ACTION BROUGHT 4
BY THE DEPARTMENT. 5

(II) EACH DAY OF NONCOMPLIANCE WITH AN ADMINISTRATIVE 6
ORDER SHALL BE CONSI DERED A SEPARATE VIO LATION FOR PURPOSES OF THIS 7
PARAGRAPH. 8

(D) PENALTIES IMPOSED UNDER THIS SECTION SHAL L BE IN ADDITION TO 9
ANY DAMAGES, REMEDIATION OR CLEANUP COSTS, ENVIRONMENTAL RESTORATION 10
COSTS, OR OTHER MONETARY OR NONMONETARY REMEDIES THAT MAY BE IMPOSED 11
BY STATUTE, REGULATION, OR COURT ORDER. 12

(E) PENALTIES IMPOSED UND ER THIS SECTION SHAL L BE DEPOSITED TO 13
THE MARYLAND PFAS CHEMICALS PROTECTION AND REMEDIATION FUND 14
ESTABLISHED UNDER § 6–1612 OF THIS SUBTITLE. 15

6–1609. RESERVED. 16

6–1610. RESERVED. 17

PART II. MARYLAND PFAS CHEMICALS PROTECTION AND REMEDIATION FUND 18
AND GRANT PROGRAM. 19

6–1611. 20

IN THIS PART , “FUND” MEANS THE MARYLAND PFAS CHEMICALS 21
PROTECTION AND REMEDIATION FUND. 22

6–1612. 23

(A) THERE IS A MARYLAND PFAS CHEMICALS PROTECTION AND 24
REMEDIATION FUND. 25

(B) THE PURPOSE OF THE FUND IS TO FUND EFFORTS TO ASSESS, PREVENT, 26
AND REMEDIATE C ONTAMINATION FROM PFAS CHEMICALS ACROSS THE STATE’S 27
WATERSHEDS, COMMUNITIES, AND ECOSYSTEMS. 28

(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND IN CONSULTATION 29
WITH: 30

18 SENATE BILL 686

(1) THE MARYLAND DEPARTMENT OF HEALTH; 1

(2) THE DEPARTMENT OF AGRICULTURE; 2

(3) THE DEPARTMENT OF NATURAL RESOURCES; 3

(4) THE CHESAPEAKE BAY TRUST; AND 4

(5) LOCAL HEALTH DEPARTMENTS. 5

(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 6
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 7

(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 8
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 9

(E) THE FUND CONSISTS OF: 10

(1) PFAS CHEMICAL REGISTRATIO N FEES COLLECTED UND ER § 11
6–1606 OF THIS SUBTITLE; 12

(2) ANY PENALTY IMPOSED UNDER: 13

(I) § 6–1608 OF THIS SUBTITLE; 14

(II) § 6–16A–05 OF THIS TITLE; OR 15

(III) § 9–1906 OF THIS ARTICLE; 16

(3) COST RECOVERY BY THE STATE FROM PFAS CHEMICALS 17
POLLUTERS UNDER STATE OR FEDERAL ENVIRONMENTAL LAWS; 18

(4) MONEY OBTAINED BY THE STATE THROUGH AN Y CIVIL 19
SETTLEMENT OR CONSENT DECREE RELATED TO PFAS CHEMICALS POLLUTION; 20

(5) MONEY ACCEPTED FOR TH E BENEFIT OF THE FUND THROUGH 21
PRIVATE DONATIONS , COST–SHARE AGREEMENTS , PUBLIC–PRIVATE 22
PARTNERSHIPS, OR INVESTMENTS RELAT ED TO ADDRESSING OR REMEDIATING 23
PFAS CHEMICALS POLLUTION; 24

(6) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 25

(7) INTEREST EARNINGS; AND 26
SENATE BILL 686 19

(8) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 1
THE BENEFIT OF THE FUND. 2

(F) THE FUND MAY BE USED ONLY FOR: 3

(1) ASSESSING AND MONITORING PFAS CHEMICALS POLLUTION , 4
INCLUDING: 5

(I) SAMPLING PUBLIC AND P RIVATE WATER SUPPLY WELLS, 6
SURFACE WATERS, SOILS, AND FISH TISSUE; AND 7

(II) CREATING AND OPERATIN G A PUBLIC PFAS CHEMICALS 8
DATE MAP AND REGISTRY OF CONTAMINATED SITES; 9

(2) IMPLEMENTING COMMUNIT Y ASSISTANCE AND REM EDIATION 10
INITIATIVES, INCLUDING: 11

(I) PROVIDING EMERGENCY R ELIEF TO HOUSEHOLDS AND 12
FARM OPERATIONS IMPACTED BY PFAS CHEMICALS CONTAMINATION; 13

(II) PROVIDING TECHNICAL A ND FINANCIAL ASSISTA NCE TO 14
WATER SYSTEMS REGULATED UNDER THE FEDERAL SAFE DRINKING WATER ACT, 15
SMALL WASTEWATER TRE ATMENT SYSTEMS , AND OVERBURDENED OR 16
UNDERSERVED COMMUNITIES; AND 17

(III) CONDUCTING COMMUNITY HEALTH STUDIES, EDUCATION, 18
AND OUTREACH; 19

(3) SUPPORTING RESEARCH A ND INNOVATION REL ATED TO PFAS 20
CHEMICALS POLLUTION, INCLUDING: 21

(I) DEVELOPING, IMPROVING, AND VALIDATING THE 22
EFFECTIVENESS AND CO ST–EFFECTIVENESS OF TEC HNOLOGIES FOR THE 23
DETECTION AND REMEDIATION OF PFAS CHEMICALS; AND 24

(II) IMPLEMENTING RESEARCH AND DEVELOPMENT PROJECTS 25
RELATED TO THE REMOVAL OF PFAS CHEMICALS FROM VARIOUS ENVIRONMENTAL 26
MEDIA, INCLUDING WASTEWATER INFLUENT AND EFFLUEN T, SEWAGE SLUDGE , 27
LANDFILL LEACHATE, AND STORMWATER; 28

20 SENATE BILL 686

(4) IN ACCORDANCE WITH § 6–1613 OF THIS SUBTITLE , PROVIDING 1
GRANTS AND LOANS R ELATED TO THE PURPOS ES SPECIFIED UNDER P ARAGRAPHS 2
(1) THROUGH (3) OF THIS SUBSECTION; 3

(5) OFFSETTING THE ADMINI STRATIVE COSTS INCUR RED BY THE 4
DEPARTMENT TO DESIGN AND IMPLEMENT PROGRA MS RELATED TO PFAS 5
CHEMICALS, INCLUDING THE DEVELOPMENT OF REGULATIONS; AND 6

(6) SUPPORTING ENFORCEMENT ACTIONS BROUGHT BY THE STATE 7
AGAINST DISCHARGERS , EMITTERS, AND OTHER USERS OF PFAS CHEMICALS 8
POLLUTERS, INCLUDING ADMINISTRATIVE EXPENSES RELATED TO ENFORCEMENT 9
ACTIONS. 10

(G) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 11
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 12

(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 13
THE FUND. 14

(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 15
WITH THE STATE BUDGET. 16

(I) ON OR BEFORE JANUARY 15 EACH YEAR , THE DEPARTMENT SHALL 17
REPORT TO THE SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE 18
ENVIRONMENT AND THE HOUSE ENVIRONMENT AND TRANSPORTATION 19
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 20
ARTICLE, ON THE STATUS OF THE FUND, INCLUDING A DETAILED DESCRIPTION OF 21
ALL REVENUES AND EXPENDITURES OF THE FUND FOR THE PREVIOUS YEAR. 22

6–1613. 23

(A) THE DEPARTMENT SHALL PROV IDE GRANTS AND LOANS FROM THE 24
FUND TO PUBLIC AND PR IVATE ENTITIES FOR P ROJECTS RELATED TO T HE 25
PURPOSES OF THE FUND. 26

(B) GRANTS AND LOANS SHALL BE AWARDED ON A COMPETITIVE BASIS. 27

(C) IN AWARDING GRANTS AN D LOANS UNDER THIS S ECTION, THE 28
DEPARTMENT SHALL: 29

(1) PRIORITIZE PROJECTS T HAT LEVERAGE OTHER S OURCES OF 30
FUNDING, INCLUDING FEDERAL, LOCAL, OR PRIVATE SOURCES; 31

SENATE BILL 686 21

(2) RESERVE AT LEAST 35% OF THE TOTAL FUNDING ALLOCATED FOR 1
GRANTS AND LOANS UNDER THIS SECTION FOR PROJECTS ADDRESSING COMMUNITY 2
AND PUBLIC HEALTH TH REATS RELATED TO PFAS CHEMICALS CONTAMINATION; 3
AND 4

(3) TO THE EXTENT FEASIBL E, COORDINATE WITH OTHER STATE 5
GRANT– AND LOAN –MAKING PROGRAMS , INCLUDING PROGRAMS F UNDED UNDER 6
THE BAY RESTORATION FUND, THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 7
2010 TRUST FUND, THE MARYLAND CLEAN WATER FUND, AND THE MARYLAND 8
AGRICULTURAL WATER QUALITY COST–SHARE PROGRAM. 9

(D) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH CRIT ERIA FOR 10
PROJECT APPLICATIONS IN CONSULTATION WITH THE AGENCIES AND ENT ITIES 11
SPECIFIED UNDER § 6–1612(C) OF THIS SUBTITLE. 12

(E) THE DEPARTMENT SHALL MAIN TAIN A PUBLIC WEBSIT E LISTING 13
DETAILED INFORMATION REGARDING: 14

(1) EACH AWARD MADE UNDER THIS SECTION; AND 15

(2) THE OUTCOMES OF EACH PROJECT FUNDED UNDER THIS 16
SECTION. 17

6–16A–05. 18

(C) PENALTIES IMPOSED UND ER THIS SECTION SHAL L BE DEPOSITED IN 19
THE MARYLAND PFAS CHEMICALS PROTECTION AND REMEDIATION FUND 20
ESTABLISHED UNDER § 6–1612 OF THIS TITLE. 21

9–1906. 22

(D) PENALTIES IMPOSED UND ER THIS SECTION FOR VIOLATIONS OF § 23
9–1902(D) OF THIS SUBTITLE SHA LL BE DEPOSITED IN T HE MARYLAND PFAS 24
CHEMICALS PROTECTION AND REMEDIATION FUND ESTABLISHED UNDER § 6–1612 25
OF THIS ARTICLE. 26

Article – State Finance and Procurement 27

6–226. 28

(a) (2) (ii) Notwithstanding any other provision of law, and unless 29
inconsistent with a federal law, grant agreement, or other federal requirement or with the 30
terms of a gift or settlement agreement, net interest on all State money allocated by the 31
State Treasurer under this section to special funds or accounts, and otherwise entitled to 32
22 SENATE BILL 686

receive interest earnings, as accounted for by the Comptroller, shall accrue to the Genera l 1
Fund of the State. 2

(iii) The provisions of subparagraph (ii) of this paragraph do not 3
apply to the following funds: 4

212. the Department of Social and Economic Mobility Special 5
Fund; [and] 6

213. the Population Health Improvement Fund; AND 7

214. THE MARYLAND PFAS CHEMICALS PROTECTION 8
AND REMEDIATION FUND. 9

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11