1 | 1 | | 25 LC 60 0094 |
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2 | 2 | | House Bill 909 |
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3 | 3 | | By: Representatives Drenner of the 85 |
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4 | 4 | | th |
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5 | 5 | | , Scott of the 76 |
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6 | 6 | | th |
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7 | 7 | | , Davis of the 87 |
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8 | 8 | | th |
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9 | 9 | | , Schofield of the |
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10 | 10 | | 63 |
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11 | 11 | | rd |
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12 | 12 | | , and Lim of the 98 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Titles 12, 25, and 33 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | conservation and natural resources, fire protection and safety, and insurance, respectively,2 |
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20 | 20 | | so as to provide greater health protections for firefighters; to provide for monitoring of3 |
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21 | 21 | | concentration levels of perfluoroalkyl and polyfluoroalkyl substances, or PFAS, at certain4 |
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22 | 22 | | firefighter related sites; to prohibit the use of firefighting equipment containing PFAS as an5 |
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23 | 23 | | intentionally added chemical after a certain date; to require manufacturers of firefighting6 |
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24 | 24 | | equipment to label such equipment as containing PFAS as an intentionally added chemical7 |
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25 | 25 | | after a certain date; to provide for the development of standards for mitigating PFAS8 |
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26 | 26 | | contamination at harmful exposure levels and for the safe disposal or destruction of any9 |
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27 | 27 | | firefighting equipment containing PFAS as an intentionally added chemical; to create the10 |
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28 | 28 | | Firefighter Health Advisory Council and establish its powers; to provide for the11 |
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29 | 29 | | establishment and purpose of the Firefighter PFAS Initiative; to require fire departments to12 |
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30 | 30 | | provide and maintain insurance coverage for its firefighters for the payment of claims for13 |
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31 | 31 | | PFAS blood testing under certain circumstances; to require insurers to provide coverage for14 |
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32 | 32 | | PFAS blood testing under certain circumstances; to revise and provide definitions; to provide15 |
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33 | 33 | | for civil penalties; to provide for reporting; to provide for a short title; to provide for16 |
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34 | 34 | | legislative findings and intent; to provide for related matters; to repeal conflicting laws; and17 |
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35 | 35 | | for other purposes.18 |
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36 | 36 | | H. B. 909 |
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37 | 37 | | - 1 - 25 LC 60 0094 |
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38 | 38 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: |
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39 | 39 | | 19 |
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40 | 40 | | SECTION 1.20 |
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41 | 41 | | This Act shall be known and may be cited as the "Firefighter Health and Environmental21 |
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42 | 42 | | Safety Act."22 |
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43 | 43 | | SECTION 2.23 |
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44 | 44 | | (a) The General Assembly finds that:24 |
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45 | 45 | | (1) Firefighters face significant health risks due to occupational exposure to toxic25 |
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46 | 46 | | substances, including perfluoroalkyl and polyfluoroalkyl substances, or PFAS; and26 |
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47 | 47 | | (2) Current federal and state health programs lack adequate provisions for addressing27 |
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48 | 48 | | occupational hazards unique to firefighting.28 |
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49 | 49 | | (b) It is the intent of the General Assembly to:29 |
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50 | 50 | | (1) Enhance firefighter health protections; and30 |
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51 | 51 | | (2) Ensure accountability and compliance with laws, rules, and regulations providing31 |
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52 | 52 | | health protections for firefighters through clear enforcement mechanisms.32 |
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53 | 53 | | SECTION 3.33 |
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54 | 54 | | Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural34 |
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55 | 55 | | resources, is amended in Article 1 of Chapter 2, relating to the Department of Natural35 |
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56 | 56 | | Resources generally, by adding a new Code section to read as follows:36 |
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57 | 57 | | "12-2-12. |
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58 | 58 | | 37 |
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59 | 59 | | (a) As used in this Code section, the term:38 |
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60 | 60 | | (1) 'Covered site' means any land within this state used as a fire department or as a39 |
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61 | 61 | | training site for firefighting operations.40 |
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62 | 62 | | (2) 'Division' means the Environmental Protection Division of the Department of Natural41 |
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63 | 63 | | Resources.42 |
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64 | 64 | | H. B. 909 |
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65 | 65 | | - 2 - 25 LC 60 0094 |
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66 | 66 | | (3) 'Fire department' shall have the same meaning as set forth in Code Section 25-3-21.43 |
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67 | 67 | | (4) 'Harmful exposure level' means, which respect to the human population, including44 |
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68 | 68 | | sensitive subgroups, a concentration level of PFAS that, over a lifetime or part of a45 |
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69 | 69 | | lifetime, may cause a change in body function, including, but not limited to, organ46 |
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70 | 70 | | function or cell structure, that might lead to disease or health problems, as determined by47 |
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71 | 71 | | the division after considering any regulations or guidance issued by the United Sates48 |
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72 | 72 | | Environmental Protection Agency, as of July 31, 2027.49 |
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73 | 73 | | (5) 'Perfluoroalkyl and polyfluoroalkyl substances' or 'PFAS' shall have the same50 |
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74 | 74 | | meaning as set forth in Code Section 25-2-41.51 |
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75 | 75 | | (b) Subject to available funding, beginning on January 1, 2027, the division shall52 |
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76 | 76 | | participate in or conduct such studies, reviews, investigations, research, emission53 |
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77 | 77 | | inventories, and demonstrations as it deems necessary to monitor levels of PFAS54 |
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78 | 78 | | contamination in air, water, and soil at covered sites; provided, however, that, for any55 |
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79 | 79 | | privately held land, the division shall receive permission to conduct such monitoring56 |
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80 | 80 | | activities from the owner. The division shall provide a written analysis of the results of57 |
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81 | 81 | | such monitoring for each covered site not less frequently than quarterly to the Firefighter58 |
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82 | 82 | | Health Advisory Council, established pursuant to Code Section 25-2-42.59 |
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83 | 83 | | (c) Not later than January 1, 2028, the division shall adopt rules and regulations60 |
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84 | 84 | | establishing decontamination protocols for fire departments relating to mitigating PFAS61 |
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85 | 85 | | contamination at a harmful exposure level. In adopting such rules and regulations, the62 |
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86 | 86 | | division shall take into consideration any regulations or guidance issued by the United63 |
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87 | 87 | | States Environmental Protection Agency, as of July 31, 2027."64 |
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88 | 88 | | SECTION 4.65 |
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89 | 89 | | Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is66 |
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90 | 90 | | amended by revising Code Section 25-2-41, relating to use of class B fire-fighting foam67 |
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91 | 91 | | containing intentionally added PFAS chemicals, as follows:68 |
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92 | 92 | | H. B. 909 |
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93 | 93 | | - 3 - 25 LC 60 0094 |
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94 | 94 | | "25-2-41. |
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95 | 95 | | 69 |
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96 | 96 | | (a) As used in this Code section, the term:70 |
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97 | 97 | | (1) 'Class B fire-fighting |
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98 | 98 | | firefighting foam' means any foam designed to extinguish71 |
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99 | 99 | | flammable liquid fires.72 |
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100 | 100 | | (2) 'Division' means the Environmental Protection Division of the Department of Natural73 |
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101 | 101 | | Resources.74 |
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102 | 102 | | (3) 'Fire department' shall have the same meaning as set forth in Code Section 25-3-21.75 |
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103 | 103 | | (4) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.76 |
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104 | 104 | | (5) 'Firefighting equipment' means any materials used by firefighters to extinguish fires,77 |
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105 | 105 | | including, but not limited to, class B firefighting foam; jackets, pants, gloves, boots,78 |
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106 | 106 | | helmets, face masks, and other personal protective equipment used by firefighters; and79 |
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107 | 107 | | any other materials used by firefighters in firefighting.80 |
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108 | 108 | | (6) 'Intentionally added chemical' means a chemical in a product that serves an intended81 |
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109 | 109 | | function or technical effect in the product or product component, including the PFAS82 |
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110 | 110 | | within intentionally added chemicals and PFAS that are intentional breakdown products83 |
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111 | 111 | | of an added chemical that also have a functional or technical effect in the product or84 |
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112 | 112 | | product component.85 |
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113 | 113 | | (7) 'Manufacturer' means:86 |
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114 | 114 | | (A) Any entity which manufactures, makes, produces, or causes to be produced87 |
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115 | 115 | | firefighting equipment sold in this state or firefighting equipment that such entity88 |
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116 | 116 | | intends to be sold in this state;89 |
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117 | 117 | | (B) The first purchaser of firefighting equipment manufactured anywhere that intends90 |
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118 | 118 | | to resell such firefighting equipment in this state regardless of whether the original91 |
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119 | 119 | | manufacturer, maker, or producer intends such firefighting equipment to be sold in the92 |
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120 | 120 | | United States; or93 |
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121 | 121 | | (C) Any entity which becomes a successor of an entity described in subparagraph (A)94 |
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122 | 122 | | or (B) of this paragraph.95 |
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123 | 123 | | H. B. 909 |
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124 | 124 | | - 4 - 25 LC 60 0094 |
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125 | 125 | | (2)(8) 'Perfluoroalkyl and polyfluoroalkyl substances' or 'PFAS' 'PFAS chemicals' means96 |
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126 | 126 | | a class of fluorinated organic chemicals containing at least one fully fluorinated carbon97 |
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127 | 127 | | atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully98 |
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128 | 128 | | functional in class B fire-fighting foam formulations.99 |
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129 | 129 | | (9) 'Person' means any individual, partnership, association, firm, public or private100 |
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130 | 130 | | corporation, or public entity.101 |
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131 | 131 | | (10) 'Public entity' means a department, agency, board, bureau, commission, authority,102 |
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132 | 132 | | or instrumentality of the State of Georgia, any local government or authority, including103 |
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133 | 133 | | a county, municipal, or consolidated government in this state, or any other political104 |
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134 | 134 | | subdivision in this state. Such term includes a fire department or local school system.105 |
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135 | 135 | | (3)(11) 'Testing' means calibration testing, conformance testing, or fixed system testing.106 |
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136 | 136 | | (b) Until June 30, 2030, no person On and after January 1, 2020, no person; fire107 |
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137 | 137 | | department provided for under Chapter 3 of this title; state department, agency, board,108 |
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138 | 138 | | bureau, office, commission, public corporation, or authority; county, municipal109 |
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139 | 139 | | corporation, school district, or other political subdivision of this state shall discharge or110 |
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140 | 140 | | otherwise use class B fire-fighting firefighting foam that contains intentionally added PFAS111 |
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141 | 141 | | chemicals PFAS as an intentionally added chemical unless:112 |
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142 | 142 | | (1) Such discharge or other use occurs in fire prevention or in response to an emergency113 |
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143 | 143 | | fire-fighting firefighting operation; or114 |
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144 | 144 | | (2) Such discharge or other use is for training or testing purposes which occurs at a115 |
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145 | 145 | | facility that has implemented containment, treatment, and disposal measures to prevent116 |
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146 | 146 | | uncontrolled releases of such class B fire-fighting firefighting foam into the environment.117 |
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147 | 147 | | (c) Nothing in this Code section shall be construed to:118 |
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148 | 148 | | (1) Restrict the manufacture, sale, or distribution of class B fire-fighting foam that119 |
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149 | 149 | | contains intentionally added PFAS chemicals or restrict the discharge or other use of120 |
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150 | 150 | | class B fire-fighting foam in response to an emergency fire-fighting operation; or121 |
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151 | 151 | | H. B. 909 |
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152 | 152 | | - 5 - 25 LC 60 0094 |
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153 | 153 | | (2) Prevent the use of nonfluorinated foams, including other class B fire-fighting foams,122 |
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154 | 154 | | for purposes of training for fire-fighting operations.123 |
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155 | 155 | | (c) Beginning on July 1, 2030, no person shall discharge, use, or cause to be used any124 |
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156 | 156 | | firefighting equipment containing PFAS as an intentionally added chemical.125 |
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157 | 157 | | (d) Beginning on July 1, 2030, no person or manufacturer shall distribute, sell, or offer for126 |
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158 | 158 | | sale in this state any newly manufactured firefighting equipment containing PFAS as an127 |
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159 | 159 | | intentionally added chemical unless it is accompanied by a legible and easily discernable128 |
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160 | 160 | | disclosure with the statement 'Made with PFAS Chemicals,' including for online listings129 |
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161 | 161 | | of products for sale.130 |
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162 | 162 | | (e) No later than January 1, 2028, the division shall adopt rules and regulations131 |
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163 | 163 | | establishing standards for any fire department operating in this state to safely destroy132 |
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164 | 164 | | firefighting equipment containing PFAS as an intentionally added chemical. In adopting133 |
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165 | 165 | | such rules and regulations, the division shall take into consideration any regulations or134 |
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166 | 166 | | guidance issued by the United States Environmental Protection Agency, as of July 31,135 |
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167 | 167 | | 2027.136 |
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168 | 168 | | (f) Beginning on July 1, 2028, no person shall destroy or dispose of firefighting equipment137 |
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169 | 169 | | containing PFAS as an intentionally added chemical except as provided by any rules and138 |
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170 | 170 | | regulations adopted by the division.139 |
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171 | 171 | | (g)(1) Except as provided in paragraph (2) of this subsection, any person that violates140 |
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172 | 172 | | subsection (c) of this Code section shall be liable for a civil penalty not to exceed141 |
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173 | 173 | | $10,000.00 for each day that the violation persists, after such person is notified of the142 |
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174 | 174 | | Commissioner's intent to impose a penalty and of the right to a hearing with respect to143 |
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175 | 175 | | the same. The amount of any such penalty shall be fixed by the Commissioner.144 |
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176 | 176 | | (2)(A) No person shall be held in violation of paragraph (1) of this subsection if such145 |
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177 | 177 | | person relied in good faith upon representations of a manufacturer that firefighting146 |
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178 | 178 | | equipment did not contain PFAS as an intentionally added chemical.147 |
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179 | 179 | | H. B. 909 |
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180 | 180 | | - 6 - 25 LC 60 0094 |
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181 | 181 | | (B) No individual firefighter shall be personally liable for payment of any civil penalty148 |
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182 | 182 | | imposed under this subsection.149 |
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183 | 183 | | (h) Any person or manufacturer that violates subsection (d) of this Code section shall be150 |
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184 | 184 | | subject to a civil penalty of $100.00 per violation, after such person or manufacturer is151 |
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185 | 185 | | notified of the Commissioner's intent to impose a penalty and of the right to a hearing with152 |
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186 | 186 | | respect to the same. For the purposes of this subsection, each article of newly153 |
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187 | 187 | | manufactured firefighting equipment that is distributed, sold, or offered for sale in this state154 |
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188 | 188 | | in violation of subsection (d) shall constitute a separate violation.155 |
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189 | 189 | | (i) Any person that violates subsection (f) of this Code section shall be subject to a civil156 |
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190 | 190 | | penalty, not to exceed $10,000.00 per violation, after such person is notified of the157 |
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191 | 191 | | Commissioner's intent to impose a penalty and of the right to a hearing with respect to the158 |
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192 | 192 | | same. The amount of any such penalty shall be fixed by the Commissioner."159 |
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193 | 193 | | SECTION 5.160 |
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194 | 194 | | Said title is further amended by adding new Code sections to read as follows:161 |
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195 | 195 | | "25-2-42.162 |
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196 | 196 | | (a) As used in this Code section, the term:163 |
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197 | 197 | | (1) 'Council' means the Firefighter Health Advisory Council established pursuant to this164 |
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198 | 198 | | Code section.165 |
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199 | 199 | | (2) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.166 |
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200 | 200 | | (3) 'PFAS' shall have the same meaning as set forth in Code Section 25-2-41.167 |
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201 | 201 | | (b) There is established within the office of the Commissioner the Firefighter Health168 |
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202 | 202 | | Advisory Council. The objective of the council shall be to monitor current and future169 |
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203 | 203 | | health risks impacting firefighters in this state and to provide recommendations on170 |
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204 | 204 | | solutions to mitigate such health risks, with a focus on the effects of exposure to PFAS. 171 |
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205 | 205 | | All affected state agencies shall cooperate with the council in its efforts to meet such172 |
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206 | 206 | | H. B. 909 |
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207 | 207 | | - 7 - 25 LC 60 0094 |
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208 | 208 | | objective. This subsection shall not be construed to authorize the council to perform any173 |
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209 | 209 | | function currently performed by an affected state agency.174 |
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210 | 210 | | (c) The council shall be composed of 12 members as follows:175 |
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211 | 211 | | (1) The Commissioner or his or her designee, who shall serve as the chairperson;176 |
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212 | 212 | | (2) The commissioner of public heath or his or her designee;177 |
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213 | 213 | | (3) The commissioner of natural resources or his or her designee;178 |
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214 | 214 | | (4) The director of the Georgia Emergency Management and Homeland Security Agency179 |
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215 | 215 | | or his or her designee;180 |
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216 | 216 | | (5) One representative from the Georgia Association of Fire Chiefs, appointed by the181 |
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217 | 217 | | Governor;182 |
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218 | 218 | | (6) One representative from the Georgia State Firefighters Association, appointed by the183 |
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219 | 219 | | Lieutenant Governor;184 |
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220 | 220 | | (7) One representative from a state-wide labor organization representing firefighters,185 |
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221 | 221 | | appointed by the Speaker of the House of Representatives;186 |
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222 | 222 | | (8) One representative from a medical or research institution experienced in occupational187 |
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223 | 223 | | health, appointed by the Governor;188 |
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224 | 224 | | (9) One representative from the insurance industry experienced in firefighter related189 |
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225 | 225 | | claims, appointed by the Lieutenant Governor;190 |
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226 | 226 | | (10) One firefighter with at least ten years of experience as a full-time firefighter,191 |
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227 | 227 | | appointed by the Speaker of the House of Representatives;192 |
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228 | 228 | | (11) One firefighter with at least ten years of experience as a volunteer firefighter,193 |
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229 | 229 | | appointed by the Governor; and194 |
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230 | 230 | | (12) One representative from the general public with a proven interest in firefighter195 |
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231 | 231 | | health and safety, appointed by the Governor.196 |
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232 | 232 | | (d) On or before October 1, 2025:197 |
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233 | 233 | | (1) The Governor shall appoint the first members of the council pursuant to198 |
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234 | 234 | | paragraphs (5), (8), (11), and (12) of subsection (c) of this Code section;199 |
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235 | 235 | | H. B. 909 |
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236 | 236 | | - 8 - 25 LC 60 0094 |
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237 | 237 | | (2) The Lieutenant Governor shall appoint the first members of the council pursuant to200 |
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238 | 238 | | paragraphs (6) and (9) of subsection (c) of this Code section; and201 |
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239 | 239 | | (3) The Speaker of the House of Representatives shall appoint the first members of the202 |
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240 | 240 | | council pursuant to paragraphs (7) and (10) of subsection (c) of this Code section.203 |
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241 | 241 | | (e) All members of the council appointed by the Governor shall serve terms of four years,204 |
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242 | 242 | | and all members of the council appointed by the Lieutenant Governor or the Speaker of the205 |
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243 | 243 | | House of Representatives shall serve terms of two years. All appointed members shall206 |
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244 | 244 | | serve until the appointment of his or her successor. Successors to appointed members shall207 |
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245 | 245 | | be appointed in the same manner as original appointments. Vacancies shall be filled in the208 |
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246 | 246 | | same manner as the original appointments. Each appointed member shall be eligible to209 |
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247 | 247 | | succeed himself or herself; provided, however, that no member shall serve more than four210 |
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248 | 248 | | consecutive terms on the council.211 |
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249 | 249 | | (f) Each member of the council shall be a citizen of the United States and a resident of the212 |
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250 | 250 | | State of Georgia.213 |
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251 | 251 | | (g) Subject to available funding, the council shall:214 |
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252 | 252 | | (1) Develop a health program focused on monitoring and reducing the harmful health215 |
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253 | 253 | | effects of exposure to PFAS with respect to firefighters, to be called the Firefighter PFAS216 |
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254 | 254 | | Initiative. The purposes and duties of such program shall be to:217 |
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255 | 255 | | (A) Aggregate and maintain data related to PFAS contamination levels at covered sites218 |
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256 | 256 | | collected pursuant to Code Section 12-2-12;219 |
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257 | 257 | | (B) Aggregate and maintain PFAS related health data on firefighters collected pursuant220 |
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258 | 258 | | to Code Section 25-2-43;221 |
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259 | 259 | | (C) Synthesize existing studies, reports, and data related to PFAS with any data222 |
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260 | 260 | | collected pursuant to subparagraphs (A) and (B) of this paragraph to identify and track223 |
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261 | 261 | | health condition incidence and health trends among firefighters;224 |
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262 | 262 | | (D) Collaborate with other health related state entities, including, but not limited to, the225 |
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263 | 263 | | Department of Public Health, the Department of Community Health, and the226 |
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264 | 264 | | H. B. 909 |
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265 | 265 | | - 9 - 25 LC 60 0094 |
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266 | 266 | | Environmental Protection Division of the Department of Natural Resources, to support227 |
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267 | 267 | | and integrate with existing initiatives and programs related to monitoring and mitigating228 |
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268 | 268 | | the harmful effects of PFAS; and229 |
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269 | 269 | | (E) Provide annual public forums to present key findings of the Firefighter PFAS230 |
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270 | 270 | | Initiative and gather community feedback;231 |
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271 | 271 | | (2) Identify any significant health risks, other than PFAS exposure, affecting firefighters232 |
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272 | 272 | | in this state and develop innovative recommendations for addressing such health risks;233 |
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273 | 273 | | and234 |
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274 | 274 | | (3) On or before December 1 of each year, file a report to the Governor and the General235 |
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275 | 275 | | Assembly, including a summary of the council's key findings and recommendations, if236 |
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276 | 276 | | any, for legislative changes with respect to reducing significant health risks affecting237 |
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277 | 277 | | firefighters.238 |
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278 | 278 | | (h) The council shall convene at least quarterly or at such other frequency as determined239 |
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279 | 279 | | by the chairperson.240 |
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280 | 280 | | (i) The council shall be empowered to use subcommittees as it deems necessary to carry241 |
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281 | 281 | | out its duties and responsibilities. Members of such subcommittees shall be knowledgeable242 |
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282 | 282 | | of the subject matter with which the subcommittee is concerned and shall be appointed by243 |
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283 | 283 | | the chairperson of the council upon the recommendation of the council.244 |
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284 | 284 | | (j) Members of the council shall serve without compensation but shall receive the same245 |
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285 | 285 | | expense allowance as that received by members of the General Assembly and the same246 |
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286 | 286 | | mileage allowance for the use of a personal car or a travel allowance of actual247 |
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287 | 287 | | transportation cost if traveling by public carrier as that received by all other state officials248 |
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288 | 288 | | and employees. The funds for such expenses and allowances shall be paid from funds249 |
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289 | 289 | | appropriated or available to the council.250 |
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290 | 290 | | (k) The council is authorized to accept donations, gifts, property, and other contributions251 |
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291 | 291 | | and to use the same for the purposes of carrying out this Code section.252 |
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292 | 292 | | H. B. 909 |
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293 | 293 | | - 10 - 25 LC 60 0094 |
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294 | 294 | | 25-2-43.253 |
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295 | 295 | | (a) As used in this Code section, the term:254 |
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296 | 296 | | (1) 'Laboratory' means any institution that conducts PFAS blood testing.255 |
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297 | 297 | | (2) 'PFAS blood testing' shall have the same meaning as set forth in Code256 |
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298 | 298 | | Section 25-3-23.257 |
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299 | 299 | | (b) Firefighter participation in the Firefighter PFAS Initiative, established pursuant to258 |
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300 | 300 | | paragraph (1) of subsection (g) of Code Section 25-2-42, shall be voluntary. Any259 |
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301 | 301 | | laboratory conducting PFAS blood testing on a firefighter shall obtain written informed260 |
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302 | 302 | | consent from such firefighter prior to sharing the health information set forth in261 |
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303 | 303 | | subsection (c) of this Code section.262 |
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304 | 304 | | (c) Subject to subsection (b) of this Code section, each laboratory in this state shall report263 |
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305 | 305 | | biannually to the Firefighter Health Advisory Council within the office of the264 |
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306 | 306 | | Commissioner concerning PFAS health metrics established by such council as reasonably265 |
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307 | 307 | | necessary to implement the Firefighter PFAS Initiative.266 |
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308 | 308 | | (d) Each laboratory in this state shall forward data collected from PFAS blood testing to267 |
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309 | 309 | | the Firefighter Health Advisory Council in a form and manner to be determined by the268 |
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310 | 310 | | Firefighter Health Advisory Council, provided that any data forwarded shall be aggregated269 |
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311 | 311 | | and shall not contain any identifying or confidential information with regard to any270 |
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312 | 312 | | individual firefighter.271 |
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313 | 313 | | (e) Notwithstanding anything to the contrary in this Code section, PFAS blood testing and272 |
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314 | 314 | | reporting by any laboratory shall be conducted in a manner that ensures the privacy of the273 |
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315 | 315 | | firefighter during the testing process and consistency with state and federal laws applicable274 |
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316 | 316 | | to the confidentiality of health records."275 |
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317 | 317 | | SECTION 6.276 |
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318 | 318 | | Said title is further amended by revising subsection (b) of Code Section 25-3-23, relating to277 |
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319 | 319 | | general requirements, equipment and clothing, and insurance, as follows: 278 |
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320 | 320 | | H. B. 909 |
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321 | 321 | | - 11 - 25 LC 60 0094 |
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322 | 322 | | "(b)(1) A legally organized fire department shall provide and maintain sufficient insurance |
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323 | 323 | | 279 |
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324 | 324 | | coverage on each member of the fire department to pay claims for injuries sustained en280 |
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325 | 325 | | route to, during, and returning from fire calls or other emergencies and disasters and281 |
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326 | 326 | | scheduled training sessions.282 |
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327 | 327 | | (2)(A) As used in this paragraph, the term:283 |
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328 | 328 | | (i) 'Cancer' means bladder, blood, brain, breast, cervical, esophageal, intestinal,284 |
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329 | 329 | | kidney, lymphatic, lung, prostate, rectal, respiratory tract, skin, testicular, and thyroid285 |
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330 | 330 | | cancer; leukemia; multiple myeloma; or non-Hodgkin's lymphoma.286 |
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331 | 331 | | (ii) 'Certified' shall have the same meaning as set forth in Code Section 31-22-1. |
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332 | 332 | | 287 |
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333 | 333 | | (iii) 'Clinical laboratory' shall have the same meaning as set forth in Code288 |
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334 | 334 | | Section 31-22-1.289 |
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335 | 335 | | (ii)(iv) 'Firefighter' means a firefighter as defined shall have the same meaning as set290 |
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336 | 336 | | forth in Code Section 25-4-2.291 |
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337 | 337 | | (v) 'PFAS blood testing' means a measurement of the amount of perfluoroalkyl and292 |
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338 | 338 | | polyfluoroalkyl substances in blood performed by a certified clinical laboratory and293 |
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339 | 339 | | includes a physician's interpretation of the results.294 |
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340 | 340 | | (iii)(vi) 'Volunteer' means a volunteer as defined shall have the same meaning as set295 |
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341 | 341 | | forth in Code Section 25-4-2.296 |
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342 | 342 | | (B) On and after January 1, 2018, a legally organized fire department shall provide and297 |
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343 | 343 | | maintain sufficient insurance coverage on each member of the fire department who is298 |
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344 | 344 | | a firefighter to pay claims for cancer diagnosed after having served 12 consecutive299 |
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345 | 345 | | months as a firefighter in this state. Such insurance benefits shall include at minimum300 |
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346 | 346 | | the following:301 |
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347 | 347 | | (i)(I) A lump sum benefit of $25,000.00 subject to limitations specified in the302 |
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348 | 348 | | insurance contract and based on severity of cancer and payable to such firefighter303 |
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349 | 349 | | upon submission to the insurance carrier or other payor of acceptable proof of304 |
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350 | 350 | | diagnosis by a physician who is board certified in the medical specialty appropriate305 |
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351 | 351 | | H. B. 909 |
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352 | 352 | | - 12 - 25 LC 60 0094 |
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353 | 353 | | for the type of cancer involved that there are one or more malignant tumors |
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354 | 354 | | 306 |
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355 | 355 | | characterized by the uncontrollable and abnormal growth and spread of malignant307 |
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356 | 356 | | cells with invasion of normal tissue and that:308 |
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357 | 357 | | (a) Surgery, radiotherapy, or chemotherapy is medically necessary;309 |
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358 | 358 | | (b) There is metastasis; or310 |
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359 | 359 | | (c) The firefighter has terminal cancer, is expected to die within 24 months or less311 |
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360 | 360 | | from the date of diagnosis, and will not benefit from, or has exhausted, curative312 |
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361 | 361 | | therapy; or313 |
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362 | 362 | | (II) A lump sum benefit of $6,250.00 subject to limitations specified in the314 |
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363 | 363 | | insurance contract and based on severity of cancer and payable to such firefighter315 |
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364 | 364 | | upon submission to the insurance carrier or other payor of acceptable proof of316 |
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365 | 365 | | diagnosis by a physician who is board certified in the medical specialty appropriate317 |
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366 | 366 | | for the type of cancer involved that:318 |
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367 | 367 | | (a) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy319 |
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368 | 368 | | has been determined to be medically necessary;320 |
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369 | 369 | | (b) There are malignant tumors which are treated by endoscopic procedures321 |
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370 | 370 | | alone;322 |
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371 | 371 | | (c) There are malignant melanomas; or323 |
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372 | 372 | | (d) There is a tumor of the prostate, provided that it is treated with radical324 |
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373 | 373 | | prostatectomy or external beam therapy; and325 |
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374 | 374 | | (ii) Payable as a result of a specific injury or illness to begin six months after326 |
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375 | 375 | | disability and submission to the insurance carrier or other payor of acceptable proof327 |
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376 | 376 | | of disability precluding service as a firefighter and continuing for up to 36328 |
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377 | 377 | | consecutive monthly payments:329 |
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378 | 378 | | (I) A monthly benefit equal to 60 percent of the member's monthly salary as an330 |
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379 | 379 | | employed firefighter with the fire department or a monthly benefit of $5,000.00,331 |
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380 | 380 | | whichever is less; or332 |
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381 | 381 | | H. B. 909 |
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382 | 382 | | - 13 - 25 LC 60 0094 |
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383 | 383 | | (II) If the member is a volunteer, a monthly benefit of $1,500.00. |
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384 | 384 | | 333 |
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385 | 385 | | The benefit under subdivision (I) or (II) of this division, as applicable, shall be334 |
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386 | 386 | | subordinate to any other benefit actually paid to the firefighter for such disability from335 |
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387 | 387 | | any other source, not including insurance purchased solely by the firefighter, and shall336 |
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388 | 388 | | be limited to the difference between the amount of such other paid benefit and the337 |
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389 | 389 | | amount specified under subdivision (I) or (II) of this division, as applicable.338 |
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390 | 390 | | (C) The combined total of all benefits received by any firefighter under339 |
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391 | 391 | | subdivisions (B)(i)(I) and (B)(i)(II) of this paragraph during his or her lifetime shall not340 |
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392 | 392 | | exceed $50,000.00.341 |
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393 | 393 | | (D) Beginning on July 1, 2026, a legally organized fire department shall provide and |
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394 | 394 | | 342 |
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395 | 395 | | maintain sufficient insurance coverage for each member of the fire department who is343 |
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396 | 396 | | a firefighter to pay claims for PFAS blood testing after having served 12 consecutive344 |
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397 | 397 | | months as a firefighter in this state.345 |
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398 | 398 | | (D)(E) With the exception of the benefit under subdivision (B)(ii)(I) of this paragraph,346 |
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399 | 399 | | any person who was simultaneously a member of more than one fire department at the347 |
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400 | 400 | | time of diagnosis shall not be entitled to receive benefits under this paragraph from or348 |
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401 | 401 | | on behalf of more than one of such fire departments. In the event a volunteer of one349 |
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402 | 402 | | fire department is simultaneously employed by another fire department, the fire350 |
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403 | 403 | | department for which such person is a volunteer shall not be required to maintain the351 |
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404 | 404 | | coverage on such volunteer otherwise required under this subsection during the period352 |
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405 | 405 | | of such employment. Any member who receives benefits under division (ii) of353 |
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406 | 406 | | subparagraph (B) of this paragraph may be required to have his or her condition354 |
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407 | 407 | | reevaluated; in the event any such reevaluation reveals that such person has regained355 |
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408 | 408 | | the ability to perform duties as a firefighter, then his or her benefits under division (ii)356 |
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409 | 409 | | of subparagraph (B) of this paragraph shall cease. Benefits under said division shall357 |
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410 | 410 | | also cease upon the death of such person. A member who, after at least one year as a358 |
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411 | 411 | | firefighter with any legally organized fire department, departs from employment, ceases359 |
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412 | 412 | | H. B. 909 |
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413 | 413 | | - 14 - 25 LC 60 0094 |
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414 | 414 | | to be an active volunteer, or retires shall be entitled to continue his or her coverages |
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415 | 415 | | 360 |
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416 | 416 | | under this paragraph through a continuation or conversion to individual coverage. The361 |
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417 | 417 | | departing member shall be responsible for payment of all premiums.362 |
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418 | 418 | | (E) |
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419 | 419 | | (F) In addition to any other purpose authorized under Chapter 8 of Title 33, county363 |
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420 | 420 | | governing authorities and municipal governing authorities may use proceeds from364 |
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421 | 421 | | county and municipal taxes imposed under said chapter for purposes of providing365 |
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422 | 422 | | insurance pursuant to this paragraph.366 |
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423 | 423 | | (F)(G) Funds received as premiums for the coverages specified in this paragraph shall367 |
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424 | 424 | | not be subject to premium taxes under Chapter 8 of Title 33.368 |
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425 | 425 | | (G)(H) The computation of premium amounts by an insurer for the coverages under369 |
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426 | 426 | | this paragraph shall be subject to generally accepted adjustments from insurance370 |
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427 | 427 | | underwriting."371 |
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428 | 428 | | SECTION 7.372 |
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429 | 429 | | Said title is further amended in Chapter 7, relating to the Georgia Fire Academy, by revising373 |
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430 | 430 | | paragraph (2) of Code Section 25-7-2, relating to creation and purpose of the academy, as374 |
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431 | 431 | | follows:375 |
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432 | 432 | | "(2) To provide professional training to paid, volunteer, and other publicly or privately376 |
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433 | 433 | | employed firefighters at a minimal cost to them and their employers, including, but not377 |
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434 | 434 | | limited to, annual training related to PFAS exposure risks and mitigation;"378 |
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435 | 435 | | SECTION 8.379 |
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436 | 436 | | Said title is further by revising Code Section 25-7-3, relating to "board" defined, as follows:380 |
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437 | 437 | | "25-7-3.381 |
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438 | 438 | | As used in this chapter, the term:382 |
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439 | 439 | | (1) 'Board' 'board' means the Board of Public Safety.383 |
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440 | 440 | | H. B. 909 |
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441 | 441 | | - 15 - 25 LC 60 0094 |
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442 | 442 | | (2) 'Perfluoroalkyl and polyfluoroalkyl substances' or 'PFAS' shall have the same384 |
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443 | 443 | | meaning as set forth in Code Section 25-2-41."385 |
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444 | 444 | | SECTION 9.386 |
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445 | 445 | | Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by387 |
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446 | 446 | | adding a new Code section to read as follows: 388 |
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447 | 447 | | "33-29-3.5.389 |
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448 | 448 | | (a) As used in this Code section, the term:390 |
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449 | 449 | | (1) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.391 |
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450 | 450 | | (2) 'PFAS blood testing' shall have the same meaning as set forth in Code392 |
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451 | 451 | | Section 25-3-23.393 |
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452 | 452 | | (3) 'Policy' means any benefit plan, contract, or policy except a disability income policy,394 |
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453 | 453 | | specified disease policy, or hospital indemnity policy.395 |
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454 | 454 | | (b) Policies subject to this Code section shall contain coverage for PFAS blood testing396 |
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455 | 455 | | performed with at least the following frequency:397 |
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456 | 456 | | (1) Once as a baseline for any firefighter who has served at least 12 consecutive months398 |
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457 | 457 | | but fewer than 24 consecutive months as a firefighter in this state; or399 |
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458 | 458 | | (2) Once every year for any firefighter who has served at least 24 consecutive months400 |
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459 | 459 | | as a firefighter in this state.401 |
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460 | 460 | | (c) Each insurer authorized to issue an individual accident and sickness insurance policy402 |
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461 | 461 | | in this state which includes coverage for any firefighter shall include as part of or as a403 |
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462 | 462 | | required endorsement to each such policy which is issued, delivered, issued for delivery,404 |
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463 | 463 | | or renewed coverage for PFAS blood testing for the covered firefighters who meet the405 |
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464 | 464 | | minimum requirements of this Code section.406 |
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465 | 465 | | (d) The coverage required under subsection (c) of this Code section may be subject to such407 |
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466 | 466 | | exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance408 |
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467 | 467 | | provisions as may be approved by the Commissioner.409 |
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468 | 468 | | H. B. 909 |
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469 | 469 | | - 16 - 25 LC 60 0094 |
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470 | 470 | | (e) Nothing in this Code section shall be construed to prohibit the issuance of individual410 |
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471 | 471 | | accident and sickness insurance policies which provide benefits greater than those required411 |
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472 | 472 | | by subsection (c) of this Code section or more favorable to the insured than those required412 |
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473 | 473 | | by subsection (c) of this Code section.413 |
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474 | 474 | | (f) The provisions of this Code section shall apply to individual accident and sickness414 |
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475 | 475 | | insurance policies issued by a fraternal benefit society, a healthcare plan, a health415 |
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476 | 476 | | maintenance organization, or any similar entity.416 |
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477 | 477 | | (g) Nothing contained in this Code section shall be deemed to prohibit the payment of417 |
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478 | 478 | | different levels of benefits or from having differences in coinsurance percentages418 |
---|
479 | 479 | | applicable to benefit levels for services provided by preferred and nonpreferred providers419 |
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480 | 480 | | as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating420 |
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481 | 481 | | to preferred provider arrangements."421 |
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482 | 482 | | SECTION 10.422 |
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483 | 483 | | Said title is further amended by adding a new Code section to read as follows: 423 |
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484 | 484 | | "33-30-4.6.424 |
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485 | 485 | | (a) As used in this Code section, the term:425 |
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486 | 486 | | (1) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.426 |
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487 | 487 | | (2) 'PFAS blood testing' shall have the same meaning as set forth in Code427 |
---|
488 | 488 | | Section 25-3-23.428 |
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489 | 489 | | (3) 'Policy' means any benefit plan, contract, or policy except a disability income policy,429 |
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490 | 490 | | specified disease policy, or hospital indemnity policy.430 |
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491 | 491 | | (b) Policies subject to this Code section shall contain coverage for PFAS blood testing431 |
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492 | 492 | | performed with at least the following frequency:432 |
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493 | 493 | | (1) Once as a baseline for any firefighter who has served at least 12 consecutive months433 |
---|
494 | 494 | | but fewer than 24 consecutive months as a firefighter in this state; or434 |
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495 | 495 | | H. B. 909 |
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496 | 496 | | - 17 - 25 LC 60 0094 |
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497 | 497 | | (2) Once every year for any firefighter who has served at least 24 consecutive months435 |
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498 | 498 | | as a firefighter in this state.436 |
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499 | 499 | | (c) Each insurer authorized to issue a group accident and sickness insurance policy in this437 |
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500 | 500 | | state which includes coverage for any firefighter shall include as part of or as a required438 |
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501 | 501 | | endorsement to each such policy which is issued, delivered, issued for delivery, or renewed439 |
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502 | 502 | | coverage for PFAS blood testing for the covered firefighters who meet the minimum440 |
---|
503 | 503 | | requirements of this Code section.441 |
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504 | 504 | | (d) The coverage required under subsection (c) of this Code section may be subject to such442 |
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505 | 505 | | exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance443 |
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506 | 506 | | provisions as may be approved by the Commissioner.444 |
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507 | 507 | | (e) Nothing in this Code section shall be construed to prohibit the issuance of group445 |
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508 | 508 | | accident and sickness insurance policies which provide benefits greater than those required446 |
---|
509 | 509 | | by subsection (c) of this Code section or more favorable to the insured than those required447 |
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510 | 510 | | by subsection (c) of this Code section.448 |
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511 | 511 | | (f) The provisions of this Code section shall apply to group accident and sickness449 |
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512 | 512 | | insurance policies issued by a fraternal benefit society, a healthcare plan, a health450 |
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513 | 513 | | maintenance organization, or any similar entity.451 |
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514 | 514 | | (g) Nothing contained in this Code section shall be deemed to prohibit the payment of452 |
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515 | 515 | | different levels of benefits or from having differences in coinsurance percentages453 |
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516 | 516 | | applicable to benefit levels for services provided by preferred and nonpreferred providers454 |
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517 | 517 | | as otherwise authorized under the provisions of Article 2 of this chapter, relating to455 |
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518 | 518 | | preferred provider arrangements."456 |
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519 | 519 | | SECTION 11.457 |
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520 | 520 | | All laws and parts of laws in conflict with this Act are repealed.458 |
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521 | 521 | | H. B. 909 |
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522 | 522 | | - 18 - |
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