Bill Text: NY A00445 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to reducing the use of PFAS chemicals in firefighting activities.

Spectrum: Moderate Partisan Bill (Democrat 27-4)

Status: (Engrossed) 2019-06-20 - substituted by s439a [A00445 Detail]

Download: New_York-2019-A00445-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         445--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by  M.  of  A.  STECK,  BUCHWALD,  GLICK, GOTTFRIED, THIELE,
          L. ROSENTHAL,  ABINANTI,  ENGLEBRIGHT,   JACOBSON,   D'URSO,   COLTON,
          EPSTEIN,  ORTIZ,  McDONALD,  SIMON, DeSTEFANO, RAIA, GALEF, FERNANDEZ,
          JAFFEE, DINOWITZ, MAGNARELLI, LUPARDO, LIFTON, MONTESANO,  SCHMITT  --
          read  once and referred to the Committee on Governmental Operations --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend the executive law, in relation to reducing the use of
          PFAS chemicals in firefighting activities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The executive law is amended by adding a new section 159-b
     2  to read as follows:
     3    § 159-b. Restrictions on the use of firefighting equipment  containing
     4  PFAS  chemicals.  1. As used in this section, unless the context clearly
     5  requires otherwise:
     6    (a) "Chemical plant" means a large integrated plant or that portion of
     7  such a plant other than a refinery or distillery where flammable liquids
     8  are produced by chemical reactions or used in chemical reactions.
     9    (b) "Class B firefighting foam" means  foams  designed  to  extinguish
    10  flammable liquid fires.
    11    (c)  "Firefighting  personal  protective equipment" means any clothing
    12  designed, intended, or marketed to be worn by firefighting personnel  in
    13  the performance of their duties, designed with the intent for the use in
    14  firefighting  and  rescue  activities,  including jackets, pants, shoes,
    15  gloves, helmets, and respiratory equipment.
    16    (d)  "Local  governments"  includes  any  county,  city,  town,   fire
    17  district,  regional  fire protection authority, or other special purpose
    18  district that provides firefighting services.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03612-03-9

        A. 445--A                           2

     1    (e) "Manufacturer" includes any person,  firm,  association,  partner-
     2  ship,  corporation,  organization,  joint  venture, importer or domestic
     3  distributor of firefighting agents or firefighting equipment.
     4    (f)  "Perfluoroalkyl  and  polyfluoroalkyl substances" or "PFAS chemi-
     5  cals" means, for the purposes of firefighting  agents  and  firefighting
     6  equipment,  a class of fluorinated organic chemicals containing at least
     7  one fully fluorinated carbon atom.
     8    (g) "Person" means any individual, partnership, association, public or
     9  private corporation, limited liability company  or  any  other  type  of
    10  legal or commercial entity, including their members, managers, partners,
    11  directors, or officers.
    12    (h) "Terminal" means a fuel storage and distribution facility that has
    13  been assigned a terminal control number by the internal revenue service.
    14    2.  No  person,  local  government,  or  state agency may discharge or
    15  otherwise use for training  purposes  class  B  firefighting  foam  that
    16  contains   intentionally   added   perfluoroalkyl   and  polyfluoroalkyl
    17  substances (PFAS chemicals).
    18    3. (a) Commencing two years after the effective date of this  section,
    19  no  manufacturer of class B firefighting foam may manufacture, knowingly
    20  sell, offer for sale, distribute for sale, or distribute for use in this
    21  state class B firefighting foam to which perfluoroalkyl and  polyfluoro-
    22  alkyl  substances  (PFAS chemicals) have been intentionally added except
    23  as provided in paragraph (b) of this subdivision.
    24    (b) The restrictions in paragraph (a) of this  subdivision  shall  not
    25  apply  to the manufacture, sale, or distribution of class B firefighting
    26  foam:
    27    (1) to a person for use at a terminal operated by the person or an oil
    28  refinery operated by the person;
    29    (2) to a person for use at a chemical plant operated by the person;
    30    (3) to a fire department, for a period not to exceed five years  after
    31  the effective date of this section, for use by such department solely in
    32  emergency  situations  for  the  purpose  of  fighting large-scale fires
    33  caused by combustible liquids which occur:
    34    (i) at a terminal, oil refinery, chemical  plant,  or  dedicated  fuel
    35  storage facility; or
    36    (ii) during the process of transporting such liquids; or
    37    (4) where the inclusion of PFAS chemicals are required by federal law,
    38  including but not limited to the requirements of 1421 C.F.R. 139.317, as
    39  that  section  exists  as  of the effective date of this section. In the
    40  event that applicable federal regulations  change  after  the  effective
    41  date of this section to allow the use of alternative firefighting agents
    42  that  do  not  contain PFAS chemicals, the office of fire prevention and
    43  control may adopt rules that restrict PFAS chemicals  for  the  manufac-
    44  ture,  sale,  and  distribution  of  firefighting foam for uses that are
    45  addressed by the federal regulation.
    46    (c) (1) A manufacturer of class B firefighting foam  restricted  under
    47  this  subdivision  shall  notify,  in  writing,  persons  that  sell the
    48  manufacturer's products in this  state  about  the  provisions  of  this
    49  section  no  less  than one year prior to the implementation date of the
    50  restrictions set forth in this subdivision.
    51    (2) A manufacturer that produces, sells,  or  distributes  a  class  B
    52  firefighting  foam  prohibited  under  this subdivision shall recall the
    53  product prior to the implementation date of the restrictions  set  forth
    54  in  this  subdivision  and reimburse the retailer or any other purchaser
    55  for the product.

        A. 445--A                           3

     1    4. (a) A manufacturer or other person that sells firefighting personal
     2  protective equipment to any person, local government,  or  state  agency
     3  must  provide written notice to the purchaser at the time of sale if the
     4  firefighting personal protective equipment contains PFAS chemicals.  The
     5  written  notice  must include a statement that the firefighting personal
     6  protective equipment contains PFAS chemicals and the reason PFAS  chemi-
     7  cals are added to the equipment.
     8    (b)  The  manufacturer or person selling firefighting personal protec-
     9  tive equipment and the purchaser of the equipment must retain the notice
    10  on file for at least three years from the date of the transaction.  Upon
    11  the  request  of  the  office  of fire prevention and control, a person,
    12  manufacturer, or purchaser must furnish the notice, or  written  copies,
    13  and  associated sales documentation to the office of fire prevention and
    14  control within sixty days.
    15    5. The office of fire prevention and control may request a certificate
    16  of compliance from a manufacturer of class B firefighting foam or  fire-
    17  fighting  personal  protective equipment attesting to the manufacturer's
    18  compliance with the provisions of this section.
    19    6. The office of fire prevention and control  shall  promulgate  regu-
    20  lations to provide guidance to state agencies, fire protection districts
    21  and  local  governments in avoiding the purchase or use of class B fire-
    22  fighting foams to which PFAS chemicals have been intentionally added and
    23  to give priority and preference to the purchase of firefighting personal
    24  protective equipment that does not contain PFAS chemicals.
    25    7. Any manufacturer or person in violation of the provisions  of  this
    26  section  shall be subject to a civil penalty not to exceed five thousand
    27  dollars for each violation in the case of a first  offense.  Manufactur-
    28  ers,  local  governments,  or  persons  that are repeat violators of the
    29  provisions of this section shall be subject to a civil  penalty  not  to
    30  exceed ten thousand dollars for each repeat offense. Penalties collected
    31  under  this  section  shall be deposited in the hazardous waste remedial
    32  fund created by section ninety-seven-b of the state finance law.
    33    § 2. This act shall take effect on the ninetieth day  after  it  shall
    34  have  become  a  law.    Effective  immediately, the addition, amendment
    35  and/or repeal of any rule or regulation necessary for the implementation
    36  of this act on its effective date are authorized and directed to be made
    37  and completed on or before such effective date.
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