SB 195
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 195 (Senators Elfreth and Beidle)
Education, Health, and Environmental Affairs
Environment – PFAS Chemicals – Prohibitions and Requirements
This bill establishes several prohibitions and requirements, effective January 1, 2022, that
relate to the manufacture, sale, and distribution for sale or use in the State of specified
products that contain “intentionally added” “PFAS chemicals.” Existing penalties apply to
violations. The bill establishes related reporting requirements and authorizes the Maryland
Department of the Environment (MDE) to adopt regulations to implement certain
provisions of the bill. The bill takes effect July 1, 2021.
Fiscal Summary
State Effect: General fund expenditures increase by at least $427,700 in FY 2022; future
years reflect annualization. State expenditures (multiple fund types) increase, potentially
significantly, for State agencies to comply with the bill’s prohibitions. Minimal increase in
general fund revenues from the application of existing penalty provisions.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
GF Revenue - - - - -
GF Expenditure $427,700 $352,800 $359,700 $274,300 $279,500
GF/SF Exp - - - - -
Net Effect - - - - -
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Potential significant increase in local expenditures. Local revenues are not
affected. This bill imposes a mandate on a unit of local government.
Small Business Effect: Meaningful.
 Analysis
Bill Summary:
Fire-fighting Foams Containing Intentionally Added PFAS Chemicals
The bill prohibits, beginning January 1, 2022, a person from using, manufacturing,
knowingly selling, offering for sale, or distributing for sale or use Class B fire-fighting
foam that contains intentionally added PFAS chemicals unless the addition of PFAS
chemicals is required by federal law, as specified. If the federal requirement is revoked
after the effective date of the prohibition, the prohibition applies beginning one year after
the requirement is revoked.
A person that is authorized to use Class B fire-fighting foam that contains intentionally
added PFAS chemicals may not release the foam directly into the environment, must
implement specified containment measures, and must maintain documentation of any such
measures. If there is a release of affected foam, the person who released the foam must
report the release to MDE, as specified. In investigating compliance with these provisions,
MDE, the Attorney General, a State’s Attorney, or a county or city attorney may request
the required documentation, and a person who receives such a request must provide the
documentation. A failure to meet these requirements does not preclude the use of Class B
fire-fighting foam that contains intentionally added PFAS chemicals if the failure was a
result of factors beyond the person’s control.
Unless exempted from the bill’s prohibition, as discussed above, a person who
manufactures, sells, or distributes Class B fire-fighting foam that contains intentionally
added PFAS chemicals after January 1, 2021, must recall the foam by March 1, 2022. In
addition, the person must (1) reimburse the retailer or purchaser for the foam; (2) safely
transport and store the foam; and (3) maintain documentation on the amount and storage
location of the foam until MDE formally identifies a safe disposal technology. MDE, the
Attorney General, a State’s Attorney, or a county or city attorney may request the required
documentation, and a person who receives such a request must provide the documentation.
A person that manufactures, sells, offers for sale, or distributes for use Class B fire-fighting
foam must establish a certificate of compliance to attest that the foam complies with the
bill. MDE, the Attorney General, a State’s Attorney, or a county or city attorney may
request a certificate of compliance, and a person who receives such a request must provide
the certificate within 30 days.
A person is prohibited from disposing of Class B fire-fighting foam that contains
intentionally added PFAS chemicals using incineration, as specified, or in a landfill.
SB 195/ Page 2
Provisions Relating to New Rugs to Which PFAS Chemicals Have Been Intentionally
Added
The bill prohibits, beginning January 1, 2022, a person from manufacturing, selling,
offering for sale, or distributing for sale or use in the State a new rug or carpet to which
PFAS chemicals have been intentionally added to serve an intended function in the rug or
carpet. A person who manufactures, sells, offers for sale, or distributes for sale or use in
the State a rug or carpet must establish a certificate of compliance to attest that the product
is in compliance with the bill. A person must provide the certificate of compliance to MDE
within 30 days of a request by MDE.
Existing Penalties Applicable to the Above Provisions
A person who violates any of the above provisions is subject to an existing civil penalty of
up to $500 for a first violation and up to $1,000 for a second or subsequent violation.
Provisions Relating to Food Packages to Which PFAS Chemicals Have Been Intentionally
Added
“Food package” means a package or packaging component that is designed for direct food
contact, including (1) a food or beverage product that is contained in a food package to
which a food package is applied; (2) a packaging component of a food package; and
(3) plastic disposable gloves used in commercial or institutional food service.
The bill prohibits, beginning January 1, 2022, a manufacturer or distributor from
manufacturing, selling, offering for sale, or distributing for sale or use in the State a food
package or any product in a food package to which PFAS chemicals were intentionally
added. A manufacturer or distributor who manufactures, sells, offers for sale, or distributes
for sale or use in the State a food package or any product in a food package must establish
a certificate of compliance to attest that the product is in compliance with the bill. A
manufacturer must provide the certificate of compliance to MDE within 30 days of a
request by MDE.
A person who violates any of these provisions is subject to existing civil and criminal
penalty provisions. Specifically, a violator is subject to a civil penalty of up to $1,000 for
each violation, not exceeding a total of $10,000 for any action. Each package or packaging
component in violation constitutes a separate offense. Further, any person who has
previously been assessed a related civil penalty and who willfully violates any of these
provisions, is guilty of a misdemeanor, and upon conviction, is subject to a fine of up to
$20,000.
SB 195/ Page 3
Reporting Requirements
By December 31, 2021, MDE must report to the General Assembly on (1) the location and
results of any testing for PFAS chemicals that MDE has conducted on waters of the State;
(2) any plan MDE has for further testing for PFAS chemicals in waters of the State; and
(3) any plan MDE has for remediation and public education in areas where the water has
been found to be contaminated by PFAS chemicals.
By December 31, 2022, MDE and the Maryland Department of Health (MDH) must jointly
prepare, in coordination with other relevant State agencies, the federal government, local
governments, and the public, and submit to the General Assembly, a PFAS Action Plan
that identifies strategies, actions, and funding alternatives to meet several specified
objectives.
Relevant Definitions
With respect to the bill’s provisions that relate to fire-fighting foam and new rugs,
“intentionally added” means the act of deliberately using a chemical in the formation of a
product where its continued presence is desired in the product to provide a specific
characteristic. With respect to the bill’s provisions that relate to food packages,
“intentionally added” means the act of deliberately using a chemical in the formation of a
package or packaging component when its continued presence is desired in the final
package or packaging component to provide a specific characteristic. “PFAS chemicals”
means a class of fluorinated organic chemicals that contain at least one fully fluorinated
carbon atom, including perfluoroalkyl and polyfluoroalkyl substances.
Current Law:
Relevant State Law
Chapters 276 and 277 of 2020 generally prohibit, beginning October 1, 2021, the use of
“Class B fire-fighting foam” that contains intentionally added “PFAS chemicals” for
testing purposes, with specified exceptions, or training purposes. Nonfluorinated training
foam must be used for fire-fighting training purposes. These Acts do not apply to
fire-fighting foams used at the Baltimore-Washington International Thurgood Marshall
Airport (BWI), nor did they restrict the manufacture, sale, distribution, discharge, or use of
Class B fire-fighting foam that contains intentionally added PFAS chemicals in emergency
fire-fighting or fire prevention operations. A person who violates these provisions is subject
to a civil penalty of up to $500 for a first violation and up to $1,000 for a second or
subsequent violation.
SB 195/ Page 4
Relevant Federal Law and Recent Regulatory Action
The Federal Aviation Administration (FAA) requires that certified airports use foams that
meet military specifications; all such foams contain PFAS. However, the FAA
Reauthorization Act of 2018 directed FAA to stop the use of fluorinated foam by
October 4, 2021.
Federal laws such as the Clean Air Act, the Clean Water Act, and the Safe Drinking Water
Act, many of which are enforced at the State level, aim to reduce chemicals in the
environment. EPA regulates the introduction of new or already existing chemicals under
the federal Toxic Substances Control Act (TSCA) of 1976. EPA also responds to closed
and abandoned hazardous waste sites under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). EPA has taken a range of regulatory actions
to address PFAS substances in manufacturing and consumer products and is considering
regulating PFAS substances as hazardous waste. EPA also developed an
industry-implemented global stewardship program.
EPA announced on February 20, 2020, the agency’s preliminary decision to regulate PFOA
and PFOS (two of the most widely produced and studied types of PFAS) in drinking water
pursuant to the Safe Drinking Water Act. EPA is also evaluating whether to regulate PFAS
contamination in the environment as a hazardous substance under CERCLA; EPA issued
an advanced notice of proposed rulemaking on January 14, 2021, to evaluate this potential
designation.
EPA has taken several actions under TSCA related to PFAS, including issuing multiple
significant new use rules (SNURs). SNURs generally require any person who intends to
manufacture or process an affected chemical to provide EPA with notice at least 90 days
before starting or resuming use of the chemical. Most recently, on January 21, 2015, EPA
proposed a SNUR, which would require any person who intends to manufacture or process
affected chemicals to notify EPA at least 90 days before starting or resuming new uses of
these chemicals in any products. Past SNUR action on PFAS was related to use in specific
products. EPA has also been evaluating substitutes for certain PFAS for new chemicals
pursuant to EPA’s New Chemicals Program under TSCA since 2000.
State Expenditures:
MDE Administrative Costs
General fund expenditures increase by $427,683 in fiscal 2022, which accounts for the
bill’s July 1, 2021 effective date. This estimate reflects the cost of hiring two regular
employees (one environmental compliance specialist and one chemist) and two contractual
employees (both environmental compliance specialists) to (1) research, conduct outreach,
SB 195/ Page 5
and identify affected brands, manufacturers, distributors, retailers, or industry users of
affected products; (2) develop regulations; (3) conduct oversight, targeted inspections, and
general enforcement activities; (4) ensure that affected Class B fire-fighting foam products
are recalled and stored in a manner that protects the environment; (5) establish procedures
for affected entities to submit certifications of compliance; (6) review certifications as
necessary for enforcement actions; (7) conduct laboratory analysis and testing to verify
whether products contain PFAS chemicals; and (8) write the required report on current and
future PFAS testing conducted by MDE on waters of the State. It includes salaries, fringe
benefits, one-time start-up costs (including the purchase of two vehicles) and ongoing
operating expenses, including laboratory materials. The information and assumptions used
in calculating the estimate are stated below:
 the range of affected products are varied, and MDE does not currently regulate rugs,
carpets, or food packaging that contain intentionally added PFAS chemicals;
 MDE must conduct research and outreach to identify affected entities and products;
 MDE is primarily responsible for enforcing the bill;
 250 samples must be analyzed annually, at a cost of at least $500 each;
 based on information provided by MDE, there are nearly 5,000 different PFAS
compounds; and
 MDE needs to conduct research to determine safe disposal technologies and
methods for the disposal of affected Class B fire-fighting foam.
Regular Positions 2
Contractual Positions 2
Salaries and Fringe Benefits $234,103
Laboratory Testing Costs 125,000
Vehicle Purchases 32,000
Other Operating Expenses 36,580
Total FY 2022 State Expenditures $427,683
Future year expenditures reflect salaries with annual increases and employee turnover and
ongoing operating expenses. Future year expenditures also reflect termination of the
contractual employees after fiscal 2024. It is assumed that the bulk of the enforcement
activity occurs in the first three years of implementation and that beginning in fiscal 2025,
the two regular employees can handle ongoing implementation and enforcement.
Costs to Develop a PFAS Action Plan
MDE and MDH are unable to provide specific estimates related to the costs of developing
the required PFAS Action Plan. However, MDE anticipates that it takes at least 2,500 hours
to (1) form a workgroup of individuals with expertise in areas such as toxicokinetics
SB 195/ Page 6
review, human and ecological risk assessments, and regulatory product development and
registration; (2) develop PFAS exposure minimization strategies; (3) develop a cleanup
plan for historical releases of PFAS by conducting or reviewing existing sampling data of
sites where historical land uses indicate possible PFAS contamination; (4) conduct analysis
of environmental justice and health inequities as it relates to PFAS contamination;
(5) develop and implement educational and risk communication materials; and (6) draft the
PFAS Action Plan, incorporating the substantive comments of the workgroup and the
general public.
Given the tight timeframe required for the development of the PFAS Action Plan, MDE
and MDH likely need to hire a consultant to develop the plan. Although the Department of
Legislative Services (DLS) is unable to reliably estimate the costs of such a consultant,
based on costs to develop comparable action plans, general fund expenditures could
increase by at least $100,000 to hire a consultant.
Impact of the Bill’s Prohibition on the Use of Class B Fire-fighting Foam and Other
Products
Although the bill authorizes a person to use, manufacture, sell, offer for sale, distribute for
sale, or distribute Class B fire-fighting foam if required pursuant to federal law, the
Maryland Aviation Administration (MAA) anticipates that the bill’s environmental
containment and disposal requirements result in a de facto ban on using affected foam, at
least initially because the State does not have the technology or infrastructure available to
meet the bill’s requirements. MAA anticipates that the bill results in a cessation of fire
training operations at BWI until a wastewater treatment plant is constructed that is capable
of treating PFAS. In the short term, MAA advises that this means it must conduct training
out of state. MAA is not able to provide a specific estimate of the costs to do so. Overall,
however, MAA anticipates that the bill has a significant operational impact and could result
in a potentially significant increase in Transportation Trust Fund expenditures.
State expenditures (multiple fund types) could also increase to purchase compliant products
once the bill’s prohibitions take effect. DLS does not have enough information to be able
to provide a magnitude of the cost difference between compliant and noncompliant
products, however. Accordingly, a reliable estimate of any increase in costs cannot be made
at this time.
State Revenues: General fund revenues increase minimally beginning as early as
fiscal 2022 from the application of existing penalty provisions to the bill’s provisions.
Local Expenditures: The bill has a potentially significant impact on local governments