(a) 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.
(b) 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:
(1) 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;
(2) On or before December 31, 2027, if the fire–fighting foam will be used at a terminal; and
(3) 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.
(c) (1) A person that is authorized under subsection (b) of this section to use Class B fire–fighting foam that contains intentionally added PFAS chemicals:
(i) May not release the foam directly into the environment, including through unsealed ground, soakage pits, waterways, or uncontrolled drains; and
(ii) Shall:
1. Fully contain all releases on site;
2. 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;
3. Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents releases into the environment;
4. 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
5. Maintain documentation on any measures taken under this paragraph.
(2) (i) 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.
(ii) A person that receives a request under subparagraph (i) of this paragraph shall provide the documentation on request.
(3) 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.
(d) (1) 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:
(i) A statement that the personal protective equipment contains PFAS chemicals; and
(ii) The reason that the personal protective equipment contains PFAS chemicals.
(2) 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.
(e) (1) 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.
(2) The Department shall dispose of fire–fighting foam received under this subsection in a manner consistent with this subtitle.
(3) 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.