Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4975 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE . . . . . . . No. 4975
2	2	The Commonwealth of Massachusetts
3	3	______________________________________
4	4
5	5	HOUSE OF REPRESENTATIVES, August 1, 2024.
6	6	The committee on Ways and Means, to whom was referred the Senate
7	7	Bill relative to the reduction of certain toxic chemicals in firefighter
8	8	personal protective equipment (Senate, No. 2902), reports recommending
9	9	that the same ought to pass with an amendment striking all after the
10	10	enacting clause and inserting in place thereof the text contained in House
11	11	document numbered 4975.
12	12	For the committee,
13	13	AARON MICHLEWITZ. 1 of 3
14	14	HOUSE . . . . . . . . . . . . . . . No. 4975
15	15	Text of an amendment, recommended by the committee on Ways and Means, to the Senate Bill
16	16	relative to the reduction of certain toxic chemicals in firefighter personal protective equipment
17	17	(Senate, No. 2902). August 1, 2024.
18	18	The Commonwealth of Massachusetts
19	19	_______________
20	20	In the One Hundred and Ninety-Third General Court
21	21	(2023-2024)
22	22	_______________
23	23	By striking out all after the enacting clause and inserting in place thereof the following:–
24	24	1 SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the
25	25	2following section:-
26	26	3 Section 245. (a) As used in this section, the following words shall, unless the context
27	27	4clearly requires otherwise, have the following meanings:
28	28	5 “Firefighting personal protective equipment”, clothing or wearable items designed,
29	29	6intended or marketed to be worn by firefighting personnel in the performance of their duties that
30	30	7is designed for use in fire and rescue activities, including, but not limited to, jackets, pants,
31	31	8footwear, gloves, helmets and respiratory equipment.
32	32	9 “Intentionally-added PFAS”, PFAS chemicals that are added to a product or that enter the
33	33	10product from the manufacturing or processing of the product; provided, however, that the
34	34	11manufacturer of the product knows, or is reasonably expected to know, or possesses or controls
35	35	12information of the addition of PFAS chemicals; and provided further, that “intentionally-added
36	36	13PFAS” shall include any degradation products containing PFAS chemicals or products for which 2 of 3
37	37	14PFAS chemicals or PFAS precursors are used as a processing agent or mold release agent or
38	38	15PFAS created by chemical reactions.
39	39	16 “Local government”, a county, city, town, fire district, regional fire protection authority
40	40	17or special purpose district that provides firefighting services.
41	41	18 “Manufacturer”, a person, firm, association, partnership, corporation, organization, joint
42	42	19venture, importer or domestic distributor that manufactures, sells or distributes firefighting
43	43	20agents or firefighting equipment; provided, however, that in the case of a product imported into
44	44	21the United States, “manufacturer” shall include the importer or first domestic distributor of the
45	45	22product if the person that manufactured or assembled or whose brand name is affixed to the
46	46	23product does not have a presence in the United States.
47	47	24 “Perfluoraolkyl and polyfluoraolkyl substances” or “PFAS chemicals”, a class of
48	48	25fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.
49	49	26 (b)(1) A manufacturer or other person that sells firefighting personal protective
50	50	27equipment containing PFAS chemicals to any person, local government or state agency shall
51	51	28provide written notice to the purchaser at the time of sale which shall state: (i) that the
52	52	29firefighting personal protective equipment contains PFAS chemicals; (ii) the reason for which
53	53	30the firefighting personal protective equipment contains PFAS chemicals; and (iii) the specific
54	54	31PFAS chemicals within the product listed by chemical name and abbreviated name.
55	55	32 (2) A manufacturer or other person selling firefighting personal protective equipment and
56	56	33the purchaser of said equipment shall retain a copy of the notice on file for not less than 3 years
57	57	34from the date of the purchase. Upon the request of the department, a manufacturer or purchaser 3 of 3
58	58	35shall furnish the notice, or copies of the notice, and associated sales documentation to the
59	59	36department within 60 days of the request.
60	60	37 SECTION 2. Section 245 of said chapter 111, added by section 1, is hereby amended by
61	61	38striking out subsection (b) and inserting in place thereof the following subsection:-
62	62	39 (b) A manufacturer or other person that sells firefighting personal protective equipment to
63	63	40a person, local government or state agency shall not manufacture, knowingly sell, offer for sale,
64	64	41distribute for sale or distribute for use in the commonwealth any firefighting personal protective
65	65	42equipment containing intentionally-added PFAS.
66	66	43 SECTION 3. Section 1 shall take effect on January 1, 2025.
67	67	44 SECTION 4. Section 2 shall take effect on January 1, 2027.