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 28-4)
Status: (Passed) 2019-12-23 - APPROVAL MEMO.61 [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. LBD03612-03-9A. 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.