Connecticut 2021 Regular Session

Connecticut Senate Bill SB00837 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00837-R01-
	4	+	SB.docx
	5	+	1 of 2
	6	+
	7	+	General Assembly Substitute Bill No. 837
	8	+	January Session, 2021
1	9
2	10
3	11
4		-	Substitute Senate Bill No. 837
5		-
6		-	Public Act No. 21-191
7	12
8	13
9	14		AN ACT CONCERNING TH E USE OF PERFLUOROAL KYL OR
10	15		POLYFLUOROALKYL SUBS TANCES IN CLASS B FIREFIGHTING
11	16		FOAM.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. (NEW) (Effective from passage) (a) As used in this section:
16		-	(1) "Perfluoroalkyl or polyfluoroalkyl substance" means a class of
17		-	fluorinated organic chemicals containing at least one fully fluorinated
18		-	carbon atom;
19		-	(2) "Class B firefighting foam" means a foam used for the purpose of
20		-	extinguishing flammable liquid fires; and
21		-	(3) "Testing" includes calibration testing, conformance testing and
22		-	fixed system testing as required by state or municipal law or policy.
23		-	(b) (1) On and after the effective date of this section, no person, local
24		-	government or state agency shall use a class B firefighting foam that
25		-	contains an intentionally added perfluoroalkyl or polyfluoroalkyl
26		-	substance in any amount for training or testing purposes.
27		-	(2) Except as provided in subdivisions (3) to (5), inclusive, of this
28		-	subsection, on and after October 1, 2021, no person shall use a class B Substitute Senate Bill No. 837
	20	+	Section 1. (NEW) (Effective from passage) (a) As used in this section: 1
	21	+	(1) "Perfluoroalkyl or polyfluoroalkyl substance" means a class of 2
	22	+	fluorinated organic chemicals containing at least one fully fluorinated 3
	23	+	carbon atom; 4
	24	+	(2) "Class B firefighting foam" means a foam used for the purpose of 5
	25	+	extinguishing flammable liquid fires; and 6
	26	+	(3) "Testing" includes calibration testing, conformance testing and 7
	27	+	fixed system testing as required by state or municipal law or policy. 8
	28	+	(b) On and after the effective date of this section, no person, local 9
	29	+	government or state agency may use a class B firefighting foam that 10
	30	+	contains an intentionally added perfluoroalkyl or polyfluoroalkyl 11
	31	+	substance in any amount for training purposes. 12
	32	+	(c) On or after April 1, 2021, no person shall use a class B firefighting 13
	33	+	foam that contains an intentionally added perfluoroalkyl or 14
	34	+	polyfluoroalkyl substance for any firefighting purpose unless such fire 15 Substitute Bill No. 837
29	35
30		-	Public Act No. 21-191 2 of 9
31	36
32		-	firefighting foam that contains an intentionally added perfluoroalkyl or
33		-	polyfluoroalkyl substance for any vapor suppression or firefighting
34		-	purpose unless such fire is a flammable liquid-based fire and the
35		-	Commissioner of Energy and Environmental Protection fails to identify
36		-	an alternative to such use on or before July 1, 2021.
37		-	(3) For any airport-related entity with a facility that utilizes a fire
38		-	suppression system containing class B firefighting foam that contains an
39		-	intentionally added perfluoroalkyl or polyfluoroalkyl substance, on or
40		-	before the effective date of this section, mitigation measures shall be
41		-	employed to prevent releases of such foam into the environment,
42		-	including the implementation of plans and physical features that are
43		-	designed to prevent releases of such foam into the environment through
44		-	the use of containment, treatment, and disposal of such foam, even
45		-	when such foam is deployed in its intended manner. Not later than
46		-	October 1, 2023, any such system shall be removed or repurposed to
47		-	remove such firefighting foam.
48		-	(4) No person required by federal law to use a class B firefighting
49		-	foam that contains an intentionally added perfluoroalkyl or
50		-	polyfluoroalkyl substance in any amount shall use such foam upon the
51		-	earlier of the following: (A) A change in federal law prohibiting the use
52		-	of such foam, or (B) one year after a change in federal law to no longer
53		-	require the use of such foam.
54		-	(5) Any person who operates a chemical plant, oil refinery, or
55		-	terminal, storage or distribution facility for flammable liquids may
56		-	request an extension of time for compliance with the requirements of
57		-	subdivision (2) of this subsection by applying to the Commissioner of
58		-	Energy and Environmental Protection for such an extension. Any such
59		-	request shall specify why such extension is necessary and what
60		-	containment, treatment, and disposal measures will be employed to
61		-	prevent releases of such class B firefighting foam that contains an
62		-	intentionally added perfluoroalkyl or polyfluoroalkyl substance into the Substitute Senate Bill No. 837
	37	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00837-
	38	+	R01-SB.docx }
	39	+	2 of 2
63	40
64		-	Public Act No. 21-191 3 of 9
	41	+	is a petroleum-based fire and the Commissioner of Energy and 16
	42	+	Environmental Protection fails to identify an alternative to such use by 17
	43	+	January 1, 2021. 18
	44	+	(d) Not later than October 1, 2021, the Commissioner of Energy and 19
	45	+	Environmental Protection shall develop or identify a take-back program 20
	46	+	for municipal sources of perfluoroalkyl and polyfluoroalkyl substances 21
	47	+	that results in the application of best management practices for the 22
	48	+	disposal of such substances. 23
	49	+	(e) The provisions of this section may be enforced, within available 24
	50	+	appropriations, by the Commissioner of Energy and Environmental 25
	51	+	Protection. 26
	52	+	This act shall take effect as follows and shall amend the following
	53	+	sections:
65	54
66		-	environment until compliance with subdivision (2) of this subsection
67		-	can be achieved. The Commissioner of Energy and Environmental
68		-	Protection may grant such an extension if the commissioner determines
69		-	that such extension is necessary to remove or repurpose a fire
70		-	suppression system containing such foam. Any such extension that is
71		-	granted by the commissioner pursuant to this subdivision shall be
72		-	limited to not longer than two years.
73		-	(c) Not later than October 1, 2021, the Commissioner of Energy and
74		-	Environmental Protection shall develop or identify a take-back program
75		-	for municipally owned class B firefighting foam containing
76		-	perfluoroalkyl and polyfluoroalkyl substances that results in the
77		-	application of best management practices for the disposal of such
78		-	substances.
79		-	(d) The provisions of this section may be enforced, within available
80		-	appropriations, by the Commissioner of Energy and Environmental
81		-	Protection.
82		-	Sec. 2. Section 22a-255h of the general statutes is repealed and the
83		-	following is substituted in lieu thereof (Effective October 1, 2021):
84		-	As used in sections 22a-255g to 22a-255m, inclusive:
85		-	(1) "Package" means any container, produced either domestically or
86		-	in a foreign country, used for the marketing, protecting or handling of a
87		-	product and includes a unit package, an intermediate package and a
88		-	shipping container, as defined in the American Society of Testing and
89		-	Materials specification D966. "Package" also means any unsealed
90		-	receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray,
91		-	wrapper or wrapping film, bag or tub.
92		-	(2) "Distributor" means any person who takes title or delivery from
93		-	the manufacturer of a package, packaging component or product,
94		-	produced either domestically or in a foreign country, to use for Substitute Senate Bill No. 837
	55	+	Section 1 from passage New section
95	56
96		-	Public Act No. 21-191 4 of 9
97		-
98		-	promotional purposes or to sell.
99		-	(3) "Packaging component" means any part of a package, produced
100		-	either domestically or in a foreign country, including, but not limited to,
101		-	any interior or exterior blocking, bracing, cushioning, weatherproofing,
102		-	exterior strapping, coating, closure, ink, label, dye, pigment, adhesive,
103		-	stabilizer or other additive. Tin-plated steel that meets specification
104		-	A623 of the American Society of Testing and Materials shall be
105		-	considered as a single packaging component. Electro-galvanized coated
106		-	steel and hot dipped coated galvanized steel that meets the American
107		-	Society of Testing and Materials specifications A653, A924, A879 and
108		-	A591 shall be treated in the same manner as tin-plated steel.
109		-	(4) "Commissioner" means the Commissioner of Energy and
110		-	Environmental Protection or an authorized agent or designee of the
111		-	commissioner.
112		-	(5) "Department" means the Department of Energy and
113		-	Environmental Protection.
114		-	(6) "Intermediate package" means a wrap, box, or bundle which
115		-	contains two or more unit packages of identical items.
116		-	(7) "Unit package" means the first tie, wrap, or container applied to a
117		-	single item, a quantity of the same item, a set, or an item with all its
118		-	component parts, which constitutes a complete and identifiable package
119		-	containing the unit of issue of a product for ultimate use.
120		-	(8) "Shipping container" means a container which is sufficiently
121		-	strong to be used in commerce for packing, storing and shipping
122		-	commodities.
123		-	(9) "Container" means a receptacle capable of closure.
124		-	(10) "Intentionally introduced" means deliberately utilized regulated Substitute Senate Bill No. 837
125		-
126		-	Public Act No. 21-191 5 of 9
127		-
128		-	metal or PFAS in the formulation of a package or packaging component
129		-	where the continued presence of such metal or PFAS is desired in the
130		-	final package or packaging component to provide a specific
131		-	characteristic, appearance or quality. The use of a regulated metal as a
132		-	processing agent or intermediate to impart certain chemical or physical
133		-	changes during manufacturing where the incidental retention of a
134		-	residue of said metal in the final package or packaging component is
135		-	neither desired nor deliberate shall not be considered intentional
136		-	introduction for the purposes of this section where such package or
137		-	component is in compliance with subsection (c) of section 22a-255i, as
138		-	amended by this act. The use of post-consumer recycled materials as
139		-	feedstock for the manufacture of new packaging materials where some
140		-	portion of the recycled materials may contain amounts of the regulated
141		-	metals or PFAS shall not be considered intentional introduction for the
142		-	purposes of this section provided the new package or packaging
143		-	component is in compliance with subsection (c) or (e) of section 22a-255i,
144		-	as amended by this act, as applicable.
145		-	(11) "Distribution" means the process for transferring a package or
146		-	packaging component for promotional purposes or resale. Persons
147		-	involved solely in delivering a package or packaging component on
148		-	behalf of third parties shall not be considered distributors.
149		-	(12) "Manufacturer" means any person producing a package or
150		-	packaging component as defined in subdivision (3) of this section.
151		-	(13) "Manufacturing" means the physical or chemical modification of
152		-	a material to produce packaging or packaging components.
153		-	[(14) "Supplier" means any person, firm, association, partnership or
154		-	corporation which sells, offers for sale or offers for promotional
155		-	purposes packages or packaging components which will be used by any
156		-	other person to package a product.] Substitute Senate Bill No. 837
157		-
158		-	Public Act No. 21-191 6 of 9
159		-
160		-	(14) "Incidental presence" means the presence of a regulated metal as
161		-	an unintended or undesired ingredient of a package or packaging
162		-	component.
163		-	(15) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS"
164		-	means all members of the class of fluorinated organic chemicals
165		-	containing at least one fully fluorinated carbon atom.
166		-	(16) "Post-consumer recycled material" means a material generated
167		-	by households or by commercial, industrial and institutional facilities as
168		-	end-users of the product which can no longer be used for its intended
169		-	purpose, including returns of material from the distribution chain.
170		-	"Post-consumer recycled material" does not include refuse-derived fuel
171		-	or other material that is destroyed by incineration.
172		-	(17) "Food packaging" means any package or packaging component
173		-	that is applied to or in direct contact with any food or beverage.
174		-	Sec. 3. Section 22a-255i of the general statutes is repealed and the
175		-	following is substituted in lieu thereof (Effective October 1, 2021):
176		-	(a) As soon as feasible, but not later than October 1, 1992, no package
177		-	or packaging component shall be offered for sale or promotional
178		-	purposes in this state, by its manufacturer or distributor, if it is
179		-	composed of any lead, cadmium, mercury or hexavalent chromium
180		-	which has been intentionally introduced during manufacturing or
181		-	distribution, as opposed to the incidental presence of any of these
182		-	substances.
183		-	(b) As soon as feasible, but not later than October 1, 1992, no product
184		-	shall be offered for sale or promotional purposes, in this state by its
185		-	manufacturer or distributor, in a package which is composed of any
186		-	lead, cadmium, mercury or hexavalent chromium which has been
187		-	intentionally introduced during manufacturing or distribution, as
188		-	opposed to the incidental presence of any of these substances. Substitute Senate Bill No. 837
189		-
190		-	Public Act No. 21-191 7 of 9
191		-
192		-	(c) No package or packaging component shall be offered for sale or
193		-	promotional purposes in this state by its manufacturer or distributor if
194		-	the sum of the incidental concentration levels of lead, cadmium,
195		-	mercury and hexavalent chromium present in such package or
196		-	packaging component exceeds the following: Six hundred parts per
197		-	million by weight, effective October 1, 1992; two hundred fifty parts per
198		-	million, effective October 1, 1993; and one hundred parts per million by
199		-	weight, effective October 1, 1994.
200		-	(d) Concentration levels of lead, cadmium, mercury, and hexavalent
201		-	chromium shall be determined using the United States Environmental
202		-	Protection Agency Tests Methods for Evaluating Solid Waste, SW-846,
203		-	as revised.
204		-	(e) As soon as feasible, but not later than December 31, 2023, no food
205		-	package to which PFAS has been intentionally introduced during
206		-	manufacturing or distribution in any amount shall be offered for sale or
207		-	for promotional purposes in this state by its manufacturer or distributor.
208		-	(f) No material used to replace a chemical regulated by sections 22a-
209		-	255g to 22a-255m, inclusive, in a package or packaging component may
210		-	be used in a quantity or manner that creates a hazard as great as, or
211		-	greater than, the hazard created by the chemical regulated by sections
212		-	22a-255g to 22a-255m, inclusive.
213		-	Sec. 4. Section 22a-255k of the general statutes is repealed and the
214		-	following is substituted in lieu thereof (Effective October 1, 2021):
215		-	[No manufacturer or distributor of a product shall be deemed to have
216		-	violated any provision of sections 22a-255g to 22a-255m, inclusive, if
217		-	such manufacturer or distributor can show that, in the purchase of a
218		-	package or packaging component, he relied in good faith on the written
219		-	assurance of the manufacturer of such packaging or packaging
220		-	component that such packaging or packaging component met the Substitute Senate Bill No. 837
221		-
222		-	Public Act No. 21-191 8 of 9
223		-
224		-	requirements of section 22a-255i. Such written assurance shall take the
225		-	form of a certificate of compliance stating that a package or packaging
226		-	component is in compliance with the requirements of sections 22a-255g
227		-	to 22a-255m, inclusive, provided if compliance is achieved pursuant to
228		-	an exemption provided in section 22a-255j, the certificate shall state the
229		-	specific basis upon which the exemption is claimed. The certificate of
230		-	compliance shall be signed by an authorized official of the manufacturer
231		-	or distributor. A manufacturer or distributor of a package or packaging
232		-	component shall furnish a copy of the certificate of compliance to the
233		-	commissioner upon his request.]
234		-	(a) Upon request, a certificate of compliance stating that a package or
235		-	packaging component is in compliance with the requirements of
236		-	sections 22a-255g to 22a-255m, inclusive, shall be furnished by its
237		-	manufacturer or distributor to the purchaser of the packaging or
238		-	packaging component or the Commissioner of Energy and
239		-	Environmental Protection, as applicable. In the event that an exemption
240		-	is claimed pursuant to section 22a-255j, such certificate of compliance
241		-	shall state the specific basis upon which the exemption is claimed. Any
242		-	such certificate of compliance shall be signed by an authorized official
243		-	of the manufacturing or distributor. A copy of the certificate of
244		-	compliance shall be kept on file by the manufacturer or distributor of
245		-	the package or packaging component provided any manufacturer or
246		-	distributor may make the certificate of compliance available on such
247		-	manufacturer's or distributor's Internet web site or through an
248		-	authorized representative of such manufacturer or distributor,
249		-	including, but not limited to, a packaging clearinghouse. Any request
250		-	made pursuant to this subsection for any certificate of compliance from
251		-	the manufacturer or distributor of a package or packaging component
252		-	shall be: (1) Made in writing, (2) made specific as to the package or
253		-	packaging component information requested, and (3) responded to by
254		-	the manufacturer or distributor not later than sixty days after receipt of
255		-	such request. Substitute Senate Bill No. 837
256		-
257		-	Public Act No. 21-191 9 of 9
258		-
259		-	(b) If the manufacturer or distributor of the package or packaging
260		-	component reformulates or creates a new package or packaging
261		-	component, the manufacturer or distributor shall amend the applicable
262		-	certificate of compliance for the reformulated or new package or
263		-	packaging component.
264		-	(c) If the commissioner has grounds to suspect that a package is
265		-	offered for sale in violation of this chapter, the commissioner may
266		-	request that the manufacturer or distributor of the package provide a
267		-	certificate of compliance with the applicable provisions of this chapter.
268		-	Not later than thirty days after receipt of a request under this subsection,
269		-	the manufacturer or distributor shall: (1) Provide the commissioner with
270		-	the certificate attesting that the package complies with the provisions of
271		-	this chapter, or (2) notify persons who sell the package in this state that
272		-	the sale of the package is prohibited and provide the commissioner with
273		-	a copy of the notice and a list of the names and addresses of those
274		-	persons notified pursuant to this section.
	57	+	ENV Joint Favorable Subst.
275	58