Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0016 Compare Versions

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

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5	5	2023 -- S 0016
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7	7	LC000573
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- COMPREHENSIVE PFAS BAN ACT OF 2023
16	16	Introduced By: Senators Kallman, DiMario, Euer, Miller, LaMountain, Pearson,
17	17	Valverde, Brito, Gu, and Ujifusa
18	18	Date Introduced: January 18, 2023
19	19	Referred To: Senate Environment & Agriculture
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 18.18 3
26	26	COMPREHENSIVE PFAS BAN ACT OF 202 3 4
27	27	23-18.18-1. Short title. 5
28	28	This act shall be known and may be cited as the "Comprehensive PFAS Ban Act of 2023". 6
29	29	23-18.18-2. Legislative intent. 7
30	30	It is the intent of the legislature to ban all uses of PFAS by December 31, 2032, unless the 8
31	31	use of PFAS in a product is considered unavoidable. 9
32	32	23-18.18-3. Definitions. 10
33	33	For purposes of this chapter, the following definitions shall apply: 11
34	34	(1) "Adult mattress" means a mattress other than a crib mattress or toddler mattress. 12
35	35	(2) "Apparel" means any of the following: 13
36	36	(i) Clothing items intended for regular wear or formal occasions. This includes, but is not 14
37	37	limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, vests, dancewear, suits, 15
38	38	saris, scarves, tops, leggings, school uniforms, leisurewear, everyday swimwear, formal wear, 16
39	39	onesies, bibs, diapers, and footwear, apparel, costumes, accessories (including handbags and 17
40	40	backpacks) and everyday professional uniforms; and 18
41	41	(ii) Clothing items intended primarily for outdoor activities. This includes, but is not 19
42	42
43	43
44	44	LC000573 - Page 2 of 12
45	45	limited to, clothing intended for hiking, camping, skiing, climbing, bicycling, boating and fishing. 1
46	46	"Outdoor apparel" means clothing intended to be worn over common apparel including, but not 2
47	47	limited to, jackets, coats, snow pants, ski pants, etc. "Outdoor apparel" does not include professional 3
48	48	uniforms. Apparel does not include professional uniforms that are worn to protect the wearer from 4
49	49	health or environmental hazards. 5
50	50	(3) "Bisphenols" means any member of a class of industrial chemicals that contain two (2) 6
51	51	hydroxyphenyl groups. Bisphenols are used primarily in the manufacture of polycarbonate plastic 7
52	52	and epoxy resins. 8
53	53	(4) "Carpet or rug" means a fabric marketed or intended for use as a floor covering. 9
54	54	(5) "Class B firefighting foam" means foams designed for flammable liquid fires. 10
55	55	(6) "Cookware" means durable houseware items that are used in homes and restaurants to 11
56	56	prepare, dispense, or store food, foodstuffs, or beverages. "Cookware" includes pots, pans, skillets, 12
57	57	grills, baking sheets, baking molds, trays, bowls, and cooking utensils. 13
58	58	(7) "Cosmetic" or "cosmetic product" means any personal care product intended for 14
59	59	cleaning or cleansing any part of the body, or beautifying, promoting attractiveness or altering the 15
60	60	appearance such as the skin and hair, and including but not limited to, hair shampoo, hair 16
61	61	conditioner, soap, bath gels and other bath products. The term "personal care product" shall not 17
62	62	include any product for which a prescription is required for distribution or dispensation. 18
63	63	(8) "Fabric treatment" means a substance applied to fabric to give the fabric one or more 19
64	64	characteristics, including but not limited to stain resistance or water resistance. 20
65	65	(9) "Feasible and available" means a safer alternative that is: 21
66	66	(i) Available in the marketplace; or 22
67	67	(ii) Used or marketed for the application of interest in a product or a similar application; or 23
68	68	(iii) Identified by a scientific or governmental agency as a safer alternative to PFAS in a 24
69	69	product, similar product or analogous product; or 25
70	70	(iv) Is already used in similar or analogous products to achieve a similar function. 26
71	71	(10) "Firefighting personal protective equipment" means any clothing designed, intended, 27
72	72	or marketed to be worn by firefighting personnel in the performance of their duties, designed with 28
73	73	the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, 29
74	74	and respiratory equipment designed exclusively for fighting fires. 30
75	75	(11) "Intentionally added PFAS" means PFAS that a manufacturer has intentionally added 31
76	76	to a product and that have a functional or technical effect in the product, including the PFAS 32
77	77	components of intentionally added chemicals and PFAS that are intentional breakdown products 33
78	78	of an added chemical that also have a functional or technical effect in the product. 34
79	79
80	80
81	81	LC000573 - Page 3 of 12
82	82	(12) "Juvenile product" means a product designed for use by infants and children under 1
83	83	twelve (12) years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, 2
84	84	bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and 3
85	85	aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant 4
86	86	carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, 5
87	87	nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, 6
88	88	portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, 7
89	89	stroller, and toddler mattress. "Juvenile product" does not include any of the following: 8
90	90	(i) A children's electronic product, including, but not limited to, a personal computer, audio 9
91	91	and video equipment, calculator, wireless phone, game console, handheld device incorporating a 10
92	92	video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power 11
93	93	cord; 12
94	94	(ii) Any medical device as defined in subsection (h) of Section 321 of Title 21 of the United 13
95	95	States Code; or 14
96	96	(iii) An adult mattress. 15
97	97	(13) "Local governments" means any city, town, fire district, regional fire protection 16
98	98	authority, or other special purpose district that provides firefighting services. 17
99	99	(14) "Manufacturer" means any company, entity or person that manufactures a product or 18
100	100	whose brand name is affixed to the product. In the case of a product imported into the United States, 19
101	101	"manufacturer" includes the importer or first domestic distributor of the product if the person that 20
102	102	manufactured or assembled the product or whose brand name is affixed to the product does not 21
103	103	have a presence in the United States. For the purposes of this subsection, "importer" means the 22
104	104	owner of the product at the time the product is brought into the United States. 23
105	105	(15) "Manufacturer of fire prevention products" means any person, firm, association, 24
106	106	partnership, corporation, organization, joint venture, importer, or domestic distributor of 25
107	107	firefighting agents or firefighting equipment. 26
108	108	(16) "Ortho-phthalates" means any member of the class of organic chemicals that are esters 27
109	109	of phthalic acid containing two (2) carbon chains located in the ortho position. 28
110	110	(17) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that 29
111	111	include any member of the class of fluorinated organic chemicals containing at least one fully 30
112	112	fluorinated carbon atom. 31
113	113	(18) "Priority product" means a product the department of environmental management has 32
114	114	identified as a priority product pursuant to the provisions of § 23-18.18-4(a)(i). 33
115	115	(19) "Product" means an item manufactured, assembled, packaged or otherwise prepared 34
116	116
117	117
118	118	LC000573 - Page 4 of 12
119	119	for sale to consumers, including its product components, sold or distributed for personal, 1
120	120	residential, commercial or industrial use, including for use in making other products. Product does 2
121	121	not mean used products offered for sale or resale. 3
122	122	(20) "Product component" means an identifiable component of a product, regardless of 4
123	123	whether the manufacturer of the product is the manufacturer of the component. 5
124	124	(21) "Safer alternative" means an alternative that is less hazardous to humans or the 6
125	125	environment than PFAS. A "safer alternative" includes a chemical substitute or a change in 7
126	126	materials, function or design that eliminates the need for PFAS. A safer alternative shall not be a 8
127	127	PFAS chemical. 9
128	128	(22) "Sensitive population" means a category of people that is identified by the department 10
129	129	of environmental management that may be or is disproportionately or more severely affected by 11
130	130	PFAS including but not limited to: 12
131	131	(i) Men and women of childbearing age; 13
132	132	(ii) Infants and children; 14
133	133	(iii) Pregnant women; 15
134	134	(iv) Communities that are highly impacted by toxic chemicals; 16
135	135	(v) Persons with occupational exposure; and 17
136	136	(vi) The elderly. 18
137	137	(23) "Sensitive species" means a species or grouping of animals that is identified by the 19
138	138	department of environmental management that may be or is disproportionately or more severely 20
139	139	affected by PFAS. 21
140	140	(24) "Terminal" means an establishment primarily engaged in the wholesale distribution 22
141	141	of crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid 23
142	142	storage facilities. 24
143	143	(25) "Textile" means any item made in whole or part from a natural or synthetic fiber, yarn, 25
144	144	or fabric. Textile includes, but is not limited to, the following: leather, cotton, silk, jute, hemp, 26
145	145	wool, nylon, or polyester. 27
146	146	(26) "Textile furnishings" means textile goods of a type customarily used in households 28
147	147	and businesses. Textile articles include, but are not limited to, draperies, floor coverings, 29
148	148	furnishings, beddings, towels, and tablecloths. 30
149	149	(27) "Unavoidable" means a use of PFAS that the department of environmental 31
150	150	management has determined by rule under this chapter to be essential for health, safety or the 32
151	151	functioning of society and for which safer alternatives are not feasible and available at the time of 33
152	152	assessment or in the foreseeable future. 34
153	153
154	154
155	155	LC000573 - Page 5 of 12
156	156	(28) "Upholstered furniture" means any article of furniture designed to be used for sitting, 1
157	157	resting, or reclining that is wholly or partly stuffed or filled with any filling material. 2
158	158	23-18.18-4. Authority to ban PFAS. 3
159	159	(a) The department of environmental management shall use the following procedure to ban 4
160	160	the use of PFAS in all products: 5
161	161	(1) No later than January 1, 2025, and at least every three (3) years thereafter, the 6
162	162	department of environmental management shall by rule, identify priority products by category or 7
163	163	use that may not be manufactured, sold, offered for sale or use or distributed for sale in this state if 8
164	164	they contain intentionally added PFAS. The department of environmental management shall 9
165	165	consider the following factors in prioritizing products: 10
166	166	(i) Whether there is the potential for exposure to PFAS to sensitive populations or sensitive 11
167	167	species when the product containing PFAS is manufactured, used, disposed of, or has decomposed; 12
168	168	(ii) Whether there is the potential for PFAS to contaminate the outdoor environment, with 13
169	169	priority given to surface water, groundwater, marine waters, sediments, and other ecologically 14
170	170	sensitive areas, when the product containing PFAS is used, disposed of, or has decomposed; 15
171	171	(iii) Whether there is the potential for the PFAS to contaminate an indoor environment 16
172	172	including presence in indoor air or dust; 17
173	173	(iv) The volume of PFAS used in a product or product category; 18
174	174	(v) Whether the use of PFAS in a product is currently unavoidable; and 19
175	175	(vi) Whether other states or nations have identified or taken regulatory action to restrict or 20
176	176	otherwise regulate PFAS in the product. 21
177	177	(2) If the department of environmental management determines that the use of PFAS in the 22
178	178	priority product meets any of the following criteria, the department of environmental management 23
179	179	shall commence rulemaking no later than two (2) years after identifying a product as a priority 24
180	180	product pursuant to the provisions of subsection (a)(1) of this section and shall adopt rules to 25
181	181	prohibit the manufacturing, sale, offering for sale or distribution for sale or use in the state, 26
182	182	provided: 27
183	183	(i) There are similar or analogous products to the priority product that do not contain PFAS; 28
184	184	or 29
185	185	(ii) There are similar or analogous products to the priority product that uses a safer 30
186	186	alternative to PFAS; or 31
187	187	(iii) There are safer, feasible available alternatives to PFAS in the priority products; or 32
188	188	(iv) The use of the PFAS in the product is not necessary for the product to achieve its main 33
189	189	function; or 34
190	190
191	191
192	192	LC000573 - Page 6 of 12
193	193	(v) The product is not necessary enough for the safety of human health, environment or 1
194	194	functioning of society so as to justify the use of a hazardous substance. 2
195	195	(b) Manufacturers may apply to the department of environmental management for an 3
196	196	exemption to the prohibition provided in subsection (a)(2) of this section. The department of 4
197	197	environmental management may approve the exemption if the department of environmental 5
198	198	management determines that the use of PFAS in the priority product is unavoidable. Exemptions 6
199	199	granted by the department shall be governed as follows: 7
200	200	(1) Exemptions to the rules adopted pursuant to this section shall expire after five (5) years. 8
201	201	(2) A product manufacturer may renew its exemption for an additional five (5) years if it 9
202	202	can demonstrate that the use of PFAS in the product is still unavoidable. 10
203	203	(3) The department of environmental management in considering a request for exemptions 11
204	204	shall determine, based on all available information to include market data and information from 12
205	205	product manufacturers whether the use of PFAS in the exempted product or product category is 13
206	206	unavoidable. If the department of environmental management determines that the use of PFAS is 14
207	207	not unavoidable, the exemption will be denied. 15
208	208	(c) The department of environmental management shall have the authority to require 16
209	209	product manufacturers to submit information on the use of PFAS or safer alternatives in selected 17
210	210	product categories. 18
211	211	(d) The department of environmental management may establish by rule and assess a fee 19
212	212	payable by a manufacturer upon submission of an exemption request under subsection (b) of this 20
213	213	section to cover the department's reasonable costs in developing rules and administering 21
214	214	requirements under this section. The department may choose to set fees based upon the volume of 22
215	215	PFAS, volume of sales or type of PFAS used in a product or product category. 23
216	216	23-18.18-5. Disclosure of PFAS in products. 24
217	217	(a) Beginning January 1, 2026, a manufacturer of a product for sale in the state that contains 25
218	218	intentionally added PFAS shall submit to the department of environmental management a written 26
219	219	notification that includes: 27
220	220	(1) A brief description of the product; 28
221	221	(2) The function served by PFAS in the product, including in any product components; 29
222	222	(3) The amount of each of the PFAS, identified by its chemical abstracts service registry 30
223	223	number, in the product, reported as an exact quantity determined using commercially available 31
224	224	analytical methods or as falling within a range approved for reporting purposes by the department; 32
225	225	(4) The name and address of the manufacturer, and the name, address and phone number 33
226	226	of a contact person for the manufacturer; and 34
227	227
228	228
229	229	LC000573 - Page 7 of 12
230	230	(5) Any additional information established by the department of environmental 1
231	231	management by rule as necessary to implement the requirements of this chapter. 2
232	232	(b) The department of environmental management may prioritize products subject to 3
233	233	requirements under § 23-18.18-4(a) based on the products that, in the department of environmental 4
234	234	management's judgment, are most likely to cause contamination of the state's land or water 5
235	235	resources if they contain intentionally added PFAS. 6
236	236	(c) With the approval of the department of environmental management, a manufacturer 7
237	237	may supply the information required in this section for a category or type of product rather than for 8
238	238	each individual product. 9
239	239	(d) In accordance with rules adopted by the department of environmental management, a 10
240	240	manufacturer shall update and revise the information in the written notification whenever there is 11
241	241	significant change in the information. 12
242	242	(e) The department of environmental management may waive all or part of the notification 13
243	243	requirement in this section if the department of environmental management determines that 14
244	244	substantially equivalent information is already publicly available. The department of environmental 15
245	245	management may enter into an agreement with one or more other states or political subdivisions of 16
246	246	a state to collect notifications and may accept notifications to a shared system as meeting the 17
247	247	notification requirement under this section. The department of environmental management may 18
248	248	extend the deadline for submission by a manufacturer of the information required under this section 19
249	249	if the department determines that more time is needed by the manufacturer to comply with the 20
250	250	submission requirement. 21
251	251	(f) The department of environmental management may establish by rule and assess a fee 22
252	252	payable by a manufacturer upon submission of the notification required under subsection (a) of this 23
253	253	section to cover the department's reasonable costs in developing rules administering the 24
254	254	requirements in this section. The department may choose to set fees based upon the volume of 25
255	255	PFAS, volume of sales or type of PFAS. 26
256	256	(g) This section shall not apply to the sale or resale of used products. 27
257	257	23-18.18-6. Carpet, upholstered furniture, textile furnishings and after-market 28
258	258	treatments. 29
259	259	(a) Effective January 1, 2025, no business or person may sell, offer for sale or distribute 30
260	260	for sale in this state a carpet or rug that contains PFAS. This prohibition does not apply to the sale 31
261	261	or resale of a used carpet or rug. 32
262	262	(b) Effective January 1, 2025, no business or person may sell, offer for sale or distribute 33
263	263	for sale in this state a fabric treatment that contains PFAS. This prohibition does not apply to the 34
264	264
265	265
266	266	LC000573 - Page 8 of 12
267	267	sale or resale of a used fabric treatment. 1
268	268	(c) Effective January 1, 2025, no business or person may sell, offer for sale or distribute 2
269	269	for sale in this state upholstered furniture that contains PFAS. This prohibition does not apply to 3
270	270	the sale or resale of used upholstered furniture. 4
271	271	(d) Effective January 1, 2025, no business or person may sell, offer for sale or distribute 5
272	272	for sale in this state textile furnishings that contains PFAS. This prohibition does not apply to the 6
273	273	sale or resale of used textile furnishing. 7
274	274	23-18.18-7. Apparel including outdoor gear and uniforms. 8
275	275	(a) Beginning January 1, 2025, no business or person shall manufacture, distribute, sell, or 9
276	276	offer for sale in this state any common apparel containing PFAS. 10
277	277	(b) Beginning January 1, 2026, no business or person shall manufacture, distribute, sell, or 11
278	278	offer for sale in this state any outdoor apparel containing PFAS. 12
279	279	(c) This section shall not apply to the sale or resale of used products. 13
280	280	23-18.18-8. Cosmetics. 14
281	281	(a) Beginning January 1, 2025, no business or person shall manufacture, distribute, sell, or 15
282	282	offer for sale in this state any cosmetic or cosmetic product containing PFAS. 16
283	283	23-18.18-9. Juvenile products. 17
284	284	(a) On and after July 1, 2024, a person, including, but not limited to, a manufacturer, shall 18
285	285	not sell or distribute in commerce in this state any new juvenile product that contains PFAS. 19
286	286	(b) This section shall not apply to the sale or resale of used products. 20
287	287	23-18.18-10. Cookware. 21
288	288	(a) Commencing on January 1, 2025, no person shall distribute, sell, or offer for sale in the 22
289	289	state any cookware that contains PFAS. 23
290	290	(b) This section shall not apply to the sale or resale of used products. 24
291	291	23-18.18-11. Firefighting foam. 25
292	292	(a) Beginning January 1, 2024, no person, local government, or state agency may discharge 26
293	293	or otherwise use for training purposes class B firefighting foam that contains intentionally added 27
294	294	PFAS chemicals. 28
295	295	(b) Beginning January 1, 2026, no manufacturer of class B firefighting foam may 29
296	296	manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class 30
297	297	B firefighting foam to which PFAS chemicals have been intentionally added. 31
298	298	Beginning January 1, 2024, the following shall apply: 32
299	299	(1) Any person, local government or state agency that uses class B firefighting foam 33
300	300	containing PFAS chemicals shall report the use of the foam to the state fire marshal within five (5) 34
301	301
302	302
303	303	LC000573 - Page 9 of 12
304	304	business days of the use, including the identity of the foam, the quantity used, the total PFAS 1
305	305	concentration, the application for which the foam was used, and the duration of the fire. 2
306	306	(2) Any person, local government or state agency that uses class B firefighting foam 3
307	307	containing PFAS chemicals shall do all of the following: 4
308	308	(i) Allow no release directly to the environment, such as to unsealed ground, soakage pits, 5
309	309	waterways, or uncontrolled drains. 6
310	310	(ii) Fully contain all releases onsite. 7
311	311	(iii) Implement containment measures such as bunds and ponds that are controlled, 8
312	312	impervious to PFAS chemicals, and do not allow firewater, wastewater, runoff, and other wastes 9
313	313	to be released to the environment, such as to soils, groundwater, waterways, or stormwater. 10
314	314	(iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents 11
315	315	releases to the environment. 12
316	316	(v) If there is a release to the environment, report the identity of the foam, the quantity 13
317	317	used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that 14
318	318	is released into the environment to the state fire marshal within five (5) business days of the release. 15
319	319	(vi) Document the measures undertaken pursuant to this section. In investigating 16
320	320	compliance with this section, the attorney general or city/town council, may request all 17
321	321	documentation pertaining to the use or release of any substance regulated by this chapter. 18
322	322	(c) A person operating a terminal after January 1, 2026, and who seeks to purchase class B 19
323	323	firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class 20
324	324	B fires, may apply to the department of environmental management for a temporary exemption 21
325	325	from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting 22
326	326	foam for use at a terminal. An exemption shall not exceed one year. The department of 23
327	327	environmental management, in consultation with the attorney general may grant an exemption 24
328	328	under this subsection if the applicant provides: 25
329	329	(1) Clear and convincing evidence that there is not a commercially available alternative 26
330	330	that: 27
331	331	(i) Does not contain intentionally added PFAS; and 28
332	332	(ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the 29
333	333	terminal; 30
334	334	(2) Information on the amount of class B firefighting foam containing intentionally added 31
335	335	PFAS that is annually stored, used, or released at the terminal; 32
336	336	(3) A report on the progress being made by the applicant to transition at the terminal to 33
337	337	class B firefighting foam that does not contain intentionally added PFAS; and 34
338	338
339	339
340	340	LC000573 - Page 10 of 12
341	341	(4) An explanation of how: 1
342	342	(i) All releases of class B firefighting foam containing intentionally added PFAS shall be 2
343	343	fully contained at the terminal; and 3
344	344	(ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes 4
345	345	from being released into the environment, including into soil, groundwater, waterways, and 5
346	346	stormwater. 6
347	347	(d) Nothing in this section shall prohibit a terminal from providing class B firefighting 7
348	348	foam in the form of aid to another terminal in the event of a class B fire. 8
349	349	(e) A manufacturer of class B firefighting foam restricted under subsection (c) of this 9
350	350	section must notify, in writing, persons that sell the manufacturer's products in this state about the 10
351	351	provisions of this chapter no less than one year prior to the effective date of the restrictions. 11
352	352	(f) A manufacturer that produces, sells, or distributes a class B firefighting foam after the 12
353	353	products production, sale or distribution is prohibited under this chapter shall recall the product and 13
354	354	reimburse the retailer or any other purchaser for the product. A recall of the product shall include 14
355	355	safe transport and storage and documentation of the amount and storage location of the PFAS 15
356	356	containing firefighting foam, until the department formally identifies a safe disposal technology. 16
357	357	The manufacturer shall provide this documentation to the attorney general and city/town council 17
358	358	upon request. 18
359	359	(g) The department may request a certificate of compliance from a manufacturer of class 19
360	360	B firefighting foam or firefighting personal protective equipment sold in this state. A certificate of 20
361	361	compliance attests that a manufacturer's product or products meets the requirements of this chapter. 21
362	362	If the department requests such a certificate, the manufacturer shall provide the certificate within 22
363	363	thirty (30) calendar days after the request is made. 23
364	364	(h) Beginning January 1, 2024, the department of environmental management shall assist 24
365	365	state agencies, fire protection districts, and other local governments to avoid purchasing or using 25
366	366	class B firefighting foams to which PFAS chemicals have been intentionally added. 26
367	367	(i) A manufacturer of class B firefighting foam in violation of this chapter is subject to a 27
368	368	civil penalty not to exceed five thousand dollars ($5000) for each violation in the case of a first 28
369	369	offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil 29
370	370	penalty not to exceed ten thousand dollars ($10,000) for each repeat offense. Penalties collected 30
371	371	under this section shall be deposited and made available only to the department of environmental 31
372	372	management for remediation efforts and for costs of enforcing the rules and regulations of this 32
373	373	chapter. 33
374	374	(j) Beginning January 1, 2024, a manufacturer or other person that sells firefighting 34
375	375
376	376
377	377	LC000573 - Page 11 of 12
378	378	personal protective equipment to any person, local government, or state agency shall provide 1
379	379	written notice to the purchaser at the time of sale if the firefighting personal protective equipment 2
380	380	contains any PFAS chemicals. The written notice shall include a statement that the firefighting 3
381	381	personal protective equipment contains PFAS chemicals and the reason PFAS chemicals are added 4
382	382	to the equipment. 5
383	383	(k) The department of environmental management shall assist state agencies, fire 6
384	384	protection districts, and other local governments to give priority and preference to the purchase of 7
385	385	firefighting personal protective equipment that does not contain PFAS chemicals. 8
386	386	(l) The manufacturer or person selling firefighting personal protective equipment and the 9
387	387	purchaser of the equipment shall retain the notice on file for at least three (3) years from the date 10
388	388	of the transaction. Upon the request of the department of environmental management, a person, 11
389	389	manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales 12
390	390	documentation to the department within sixty (60) days. 13
391	391	SECTION 2. This act shall take effect upon passage. 14
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393	393	LC000573
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395	395
396	396
397	397	LC000573 - Page 12 of 12
398	398	EXPLANATION
399	399	BY THE LEGISLATIVE COUNCIL
400	400	OF
401	401	A N A C T
402	402	RELATING TO HEALTH AND SAFETY -- COMPREHENSIVE PFAS BAN ACT OF 2023
403	403	***
404	404	This act would prohibit the use of perfluoroalkyl and polyfluoroalkyl substances or "PFAS" 1
405	405	in carpets, upholstered furniture, textile furnishings, apparel, cosmetics juvenile products, 2
406	406	cookware and firefighting foam and give authority to the department of environmental management 3
407	407	to regulate the use. The act would provide for some limited and/or temporary exemptions to the 4
408	408	prohibitions. 5
409	409	This act would take effect upon passage. 6
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411	411	LC000573
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413	413