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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to reducing the use of PFAS chemicals in firefighting activities.

Spectrum: Moderate Partisan Bill (Democrat 28-4)

Status: (Passed) 2019-12-23 - APPROVAL MEMO.61 [A00445 Detail]

Download: New_York-2019-A00445-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           445
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. STECK, BUCHWALD -- read once and referred to the
          Committee on Governmental Operations
        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.
    19    (e)  "Manufacturer"  includes  any person, firm, association, partner-
    20  ship, corporation, organization, joint  venture,  importer  or  domestic
    21  distributor of firefighting agents or firefighting equipment.
    22    (f)  "Perfluoroalkyl  and  polyfluoroalkyl substances" or "PFAS chemi-
    23  cals" means, for the purposes of firefighting  agents  and  firefighting
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03612-01-9

        A. 445                              2
     1  equipment,  a class of fluorinated organic chemicals containing at least
     2  one fully fluorinated carbon atom.
     3    (g) "Person" means any individual, partnership, association, public or
     4  private  corporation,  limited  liability  company  or any other type of
     5  legal or commercial entity, including their members, managers, partners,
     6  directors, or officers.
     7    (h) "Terminal" means a fuel storage and distribution facility that has
     8  been assigned a terminal control number by the internal revenue service.
     9    2. No person, local government,  or  state  agency  may  discharge  or
    10  otherwise  use  for  training  purposes  class  B firefighting foam that
    11  contains  intentionally   added   perfluoroalkyl   and   polyfluoroalkyl
    12  substances (PFAS chemicals).
    13    3.  (a) Commencing two years after the effective date of this section,
    14  no manufacturer of class B firefighting foam may manufacture,  knowingly
    15  sell, offer for sale, distribute for sale, or distribute for use in this
    16  state  class B firefighting foam to which perfluoroalkyl and polyfluoro-
    17  alkyl substances (PFAS chemicals) have been intentionally  added  except
    18  as provided in paragraph (b) of this subdivision.
    19    (b)  The  restrictions  in paragraph (a) of this subdivision shall not
    20  apply to the manufacture, sale, or distribution of class B  firefighting
    21  foam:
    22    (1) to a person for use at a terminal operated by the person or an oil
    23  refinery operated by the person;
    24    (2) to a person for use at a chemical plant operated by the person; or
    25    (3) where the inclusion of PFAS chemicals are required by federal law,
    26  including but not limited to the requirements of 1421 C.F.R. 139.317, as
    27  that  section  exists  as  of the effective date of this section. In the
    28  event that applicable federal regulations  change  after  the  effective
    29  date of this section to allow the use of alternative firefighting agents
    30  that  do  not  contain PFAS chemicals, the office of fire prevention and
    31  control may adopt rules that restrict PFAS chemicals  for  the  manufac-
    32  ture,  sale,  and  distribution  of  firefighting foam for uses that are
    33  addressed by the federal regulation.
    34    (c) (1) A manufacturer of class B firefighting foam  restricted  under
    35  this  subdivision  shall  notify,  in  writing,  persons  that  sell the
    36  manufacturer's products in this  state  about  the  provisions  of  this
    37  section  no  less  than one year prior to the implementation date of the
    38  restrictions set forth in this subdivision.
    39    (2) A manufacturer that produces, sells,  or  distributes  a  class  B
    40  firefighting  foam  prohibited  under  this subdivision shall recall the
    41  product prior to the implementation date of the restrictions  set  forth
    42  in  this  subdivision  and reimburse the retailer or any other purchaser
    43  for the product.
    44    4. (a) A manufacturer or other person that sells firefighting personal
    45  protective equipment to any person, local government,  or  state  agency
    46  must  provide written notice to the purchaser at the time of sale if the
    47  firefighting personal protective equipment contains PFAS chemicals.  The
    48  written  notice  must include a statement that the firefighting personal
    49  protective equipment contains PFAS chemicals and the reason PFAS  chemi-
    50  cals are added to the equipment.
    51    (b)  The  manufacturer or person selling firefighting personal protec-
    52  tive equipment and the purchaser of the equipment must retain the notice
    53  on file for at least three years from the date of the transaction.  Upon
    54  the  request  of  the  office  of fire prevention and control, a person,
    55  manufacturer, or purchaser must furnish the notice, or  written  copies,

        A. 445                              3
     1  and  associated sales documentation to the office of fire prevention and
     2  control within sixty days.
     3    5. The office of fire prevention and control may request a certificate
     4  of  compliance from a manufacturer of class B firefighting foam or fire-
     5  fighting personal protective equipment attesting to  the  manufacturer's
     6  compliance with the provisions of this section.
     7    6.  The  office  of fire prevention and control shall promulgate regu-
     8  lations to provide guidance to state agencies, fire protection districts
     9  and local governments in avoiding the purchase or use of class  B  fire-
    10  fighting foams to which PFAS chemicals have been intentionally added and
    11  to give priority and preference to the purchase of firefighting personal
    12  protective equipment that does not contain PFAS chemicals.
    13    7.  Any  manufacturer or person in violation of the provisions of this
    14  section shall be subject to a civil penalty not to exceed five  thousand
    15  dollars  for  each violation in the case of a first offense. Manufactur-
    16  ers, local governments, or persons that  are  repeat  violators  of  the
    17  provisions  of  this  section shall be subject to a civil penalty not to
    18  exceed ten thousand dollars for each repeat offense. Penalties collected
    19  under this section shall be deposited in the  hazardous  waste  remedial
    20  fund created by section ninety-seven-b of the state finance law.
    21    §  2.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.    Effective  immediately,  the  addition,  amendment
    23  and/or repeal of any rule or regulation necessary for the implementation
    24  of this act on its effective date are authorized and directed to be made
    25  and completed on or before such effective date.
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