STATE OF NEW YORK ________________________________________________________________________ 8979 IN ASSEMBLY January 7, 2020 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Governmental Operations AN ACT to amend the general business law and the general municipal law, in relation to reducing the use of PFAS chemicals in firefighting activities; to repeal certain provisions of the executive law relating thereto; and to amend a chapter of the laws of 2019, amending the executive law relating to reducing the use of PFAS chemicals in fire- fighting activities, as proposed in legislative bills numbers S. 439-A and A. 445-A, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 391-u to read as follows: 3 § 391-u. Restrictions on the sale and use of firefighting equipment 4 containing PFAS chemicals. 1. As used in this section, unless the 5 context clearly requires otherwise: 6 (a) "Class B firefighting foam" means foams designed to prevent or 7 extinguish ignitable liquid fires. 8 (b) "Ignitable liquid fire" means any fire involving a flammable or 9 combustible liquid where blanketing and smothering for vapor suppression 10 is needed to extinguish the fire. 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, village, fire 17 district, fire company as defined in section two hundred four-a of the 18 general municipal law, regional fire protection authority, or other 19 special purpose district that provides firefighting services. 20 (e) "Manufacturer" includes any person, firm, association, partner- 21 ship, corporation, organization, joint venture, importer or domestic 22 distributor of firefighting agents or firefighting equipment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03612-04-0A. 8979 2 1 (f) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemi- 2 cals" means, for the purposes of firefighting agents and firefighting 3 equipment, a class of fluorinated organic chemicals containing at least 4 one fully fluorinated carbon atom. 5 (g) "Person" means any individual, partnership, association, public or 6 private corporation, limited liability company or any other type of 7 legal or commercial entity, including their members, managers, partners, 8 directors, or officers. 9 2. No person or state agency shall discharge or otherwise use for 10 training purposes class B firefighting foam that contains intentionally 11 added perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals). 12 3. (a) Commencing two years after the effective date of this section, 13 no manufacturer of class B firefighting foam may manufacture, knowingly 14 sell, offer for sale, distribute for sale, or distribute for use in this 15 state class B firefighting foam to which PFAS chemicals have been inten- 16 tionally added except as provided in paragraph (b) of this subdivision. 17 (b) The restrictions in paragraph (a) of this subdivision shall not 18 apply to the manufacture, sale, or distribution of class B firefighting 19 foam: 20 (1) For use in suppressing or preventing an ignitable liquid fire 21 where the office of fire prevention and control, in consultation with 22 the department of environmental conservation and the department of 23 health, through promulgation of a rule, exempts a use of class B fire- 24 fighting foam on the basis that an alternative firefighting agent to 25 which PFAS chemicals have not been intentionally added and that is 26 effective in suppressing or preventing an ignitable liquid fire is not 27 available. If the office of fire prevention and control exempts a use of 28 class B firefighting foam from the restrictions in paragraph (a) of this 29 subdivision, it shall re-evaluate available alternative firefighting 30 agents at least every two years as long as the exemption remains in 31 place, and repeal such exemption upon a finding that an alternative 32 firefighting agent to which PFAS chemicals have not been intentionally 33 added is available that is effective in suppressing or preventing an 34 ignitable liquid fire. 35 (2) Where the inclusion of PFAS chemicals are required by federal law 36 or regulations. In the event that applicable federal laws or regulations 37 change after the effective date of this section to allow the use of 38 effective alternative firefighting agents that do not contain PFAS chem- 39 icals, the office of fire prevention and control may adopt rules that 40 restrict PFAS chemicals for the manufacture, sale, and distribution of 41 firefighting foam for uses that are addressed by the federal law or 42 regulation. 43 4. (a) A manufacturer of class B firefighting foam restricted under 44 subdivision three of this section shall notify, in writing, persons that 45 sell the manufacturer's products in this state about the provisions of 46 this section no less than one year prior to the implementation date of 47 the restrictions set forth in subdivision three of this section. 48 (b) A manufacturer that produces, sells, or distributes a class B 49 firefighting foam prohibited under subdivision three of this section 50 shall recall the product, which includes collection, transport, treat- 51 ment, storage and safe disposal, after the implementation date of the 52 restrictions set forth in subdivision three of this section and reim- 53 burse the retailer or any other purchaser for the product. 54 5. (a) A manufacturer or other person that sells firefighting personal 55 protective equipment to any person, local government, or state agency 56 must provide written notice to the purchaser at the time of sale if theA. 8979 3 1 firefighting personal protective equipment contains PFAS chemicals. The 2 written notice must include a statement that the firefighting personal 3 protective equipment contains PFAS chemicals and the reason PFAS chemi- 4 cals are added to the equipment. 5 (b) The manufacturer or person selling firefighting personal protec- 6 tive equipment and the purchaser of the equipment must retain the notice 7 on file for at least three years from the date of the transaction. 8 6. The office of fire prevention and control may issue guidance to 9 state agencies, fire protection districts and local governments in 10 avoiding the purchase or use of class B firefighting foams to which PFAS 11 chemicals have been intentionally added and to give priority and prefer- 12 ence to the purchase of firefighting personal protective equipment that 13 does not contain PFAS chemicals. 14 7. Any manufacturer or person in violation of the provisions of this 15 section shall be subject to a civil penalty not to exceed five thousand 16 dollars for each violation in the case of a first offense. Manufacturers 17 or persons that are repeat violators of the provisions of this section 18 shall be subject to a civil penalty not to exceed ten thousand dollars 19 for each repeat offense. Penalties collected under this section shall be 20 deposited in the hazardous waste remedial fund created by section nine- 21 ty-seven-b of the state finance law. 22 § 2. The general municipal law is amended by adding a new section 23 204-g to read as follows: 24 § 204-g. Restrictions on the use of firefighting foam containing PFAS 25 chemicals. 1. As used in this section: 26 (a) "Class B firefighting foam" means foams designed to extinguish 27 ignitable liquid fires. 28 (b) "Ignitable liquid fire" shall have the same meaning as defined in 29 paragraph (b) of subdivision one of section three hundred ninety-one-u 30 of the general business law. 31 (c) "Local governments" includes any county, city, town, village, fire 32 district, fire company as defined in section two hundred four-a of this 33 article, regional fire protection authority, or other special purpose 34 district that provides firefighting services. 35 (d) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemi- 36 cals" shall have the same meaning as defined in paragraph (f) of subdi- 37 vision one of section three hundred ninety-one-u of the general business 38 law. 39 2. No local government shall discharge or otherwise use for training 40 purposes class B firefighting foam that contains intentionally added 41 perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals). 42 § 3. Section 159-b of the executive law, as added by a chapter of the 43 laws of 2019, amending the executive law relating to reducing the use of 44 PFAS chemicals in firefighting activities, as proposed in legislative 45 bills numbers S. 439-A and A. 445-A, is REPEALED. 46 § 4. Section 2 of a chapter of the laws of 2019, amending the execu- 47 tive law relating to reducing the use of PFAS chemicals in firefighting 48 activities, as proposed in legislative bills numbers S. 439-A and A. 49 445-A, is amended to read as follows: 50 § 2. This act shall take effect on the ninetieth day after it shall 51 have become a law. Effective immediately, the addition, amendment 52 and/or repeal of any rule or regulation necessary for the implementation 53 of this act on its effective date are authorized [and directed] to be 54 made and completed on or before such effective date. 55 § 5. This act shall take effect immediately, provided, however, that 56 sections one, two and three of this act shall take effect on the sameA. 8979 4 1 date and in the same manner as a chapter of the laws of 2019, amending 2 the executive law relating to reducing the use of PFAS chemicals in 3 firefighting activities, as proposed in legislative bills numbers S. 4 439-A and A. 445-A, takes effect.