Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0196 Compare Versions

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

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5	5	2023 -- S 0196
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7	7	LC001502
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9	9	S TATE OF RHODE IS LAND
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 B AN ACT OF 2023
16	16	Introduced By: Senators Kallman, DiMario, LaMountain, Euer, Miller, Pearson,
17	17	McKenney, Ujifusa, Valverde, and Murray
18	18	Date Introduced: February 16, 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 2023 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	(a) For the purposes of this chapter, the following terms shall have the following 11
34	34	definitions: 12
35	35	(1) "Adult mattress" means a mattress other than a crib mattress or toddler mattress. 13
36	36	(2) "Air care product" means a chemically formulated consumer product labeled to indicate 14
37	37	that the purpose of the product is to enhance or condition the indoor environment by eliminating 15
38	38	unpleasant odors or freshening the air. 16
39	39	(3) "Apparel" means any of the following: 17
40	40	(i) Clothing items intended for regular wear or formal occasions, including, but not limited 18
41	41	to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, 19
42	42
43	43
44	44	LC001502 - Page 2 of 12
45	45	suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, 1
46	46	everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for 2
47	47	workwear. Clothing items intended for regular wear or formal occasions does not include personal 3
48	48	protective equipment or clothing items for exclusive use by the United States military. 4
49	49	(ii) Outdoor apparel. 5
50	50	(iii) Outdoor apparel for severe wet conditions. 6
51	51	(4) "Artificial turf" means a man-made material which simulates the appearance of live 7
52	52	turf, organic turf, grass, sod or lawn. 8
53	53	(5) "Automotive maintenance product" means a chemically formulated consumer product 9
54	54	labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, 10
55	55	including products for washing, waxing, polishing, cleaning, or treating the exterior or interior 11
56	56	surfaces of motor vehicles. "Automotive maintenance product" does not include automotive paint 12
57	57	or paint repair products. 13
58	58	(6) "Carpet or rug" means a fabric marketed or intended for use as a floor covering. 14
59	59	(7) "Cleaning product" means a finished product that is an air care product, automotive 15
60	60	maintenance product, general cleaning product, or a polish or floor maintenance product used 16
61	61	primarily for janitorial, domestic, or institutional cleaning purposes. 17
62	62	(8) "Cookware" means durable cookware items that are used in homes and restaurants to 18
63	63	prepare, dispense, or store food, foodstuffs, or beverages. "Cookware" includes pots, pans, skillets, 19
64	64	grills, baking sheets, baking molds, trays, bowls, and cooking utensils. 20
65	65	(9) "Cosmetic" means: 21
66	66	(i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or 22
67	67	otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting 23
68	68	attractiveness, or altering the appearance; and 24
69	69	(ii) Articles intended for use as a component of any such article; except that such term shall 25
70	70	not include soap. 26
71	71	(10) "Covered product" means any product subject to the requirements of this chapter to 27
72	72	include, but not be limited to, the following: 28
73	73	(i) Artificial turf; 29
74	74	(ii) Cleaning products; 30
75	75	(iii) Carpets or rugs; 31
76	76	(iv) Cookware; 32
77	77	(v) Cosmetics; 33
78	78	(vi) Fabric treatments; 34
79	79
80	80
81	81	LC001502 - Page 3 of 12
82	82	(vii) Juvenile products; 1
83	83	(viii) Menstrual products; 2
84	84	(ix) Ski wax; and 3
85	85	(x) Textile articles. 4
86	86	(11) "Department" means the department of environmental management. 5
87	87	(12) "Fabric treatment" means a substance applied to fabric to give the fabric one or more 6
88	88	characteristics, including, but not limited to, stain resistance or water resistance. 7
89	89	(13) "General cleaning product" means a soap, detergent, or other chemically formulated 8
90	90	consumer product labeled to indicate that the purpose of the product is to clean, disinfect, or 9
91	91	otherwise care for fabric, dishes, or other wares; surfaces including, but not limited to, floors, 10
92	92	furniture, countertops, showers, and baths; or other hard surfaces, such as stovetops, microwaves, 11
93	93	and other appliances. 12
94	94	(14) "Intentionally added PFAS" means PFAS added to a product or one of its product 13
95	95	components to provide a specific characteristic, appearance or quality or to perform a specific 14
96	96	function. "Intentionally added PFAS" also includes any degradation byproducts of PFAS or PFAS 15
97	97	that are intentional breakdown products of an added chemical. The use of PFAS as a processing 16
98	98	agent, mold release agent or intermediate is considered intentional introduction for the purposes of 17
99	99	this chapter where PFAS is detected in the final product. 18
100	100	(15) "Juvenile product" means a product designed for use by infants and children under 19
101	101	twelve (12) years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, 20
102	102	bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and 21
103	103	aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant 22
104	104	carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, 23
105	105	nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, 24
106	106	portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, 25
107	107	stroller, and toddler mattress. "Juvenile product" does not include any of the following: 26
108	108	(i) A children's electronic product, including, but not limited to, a personal computer, audio 27
109	109	and video equipment, calculator, wireless phone, game console, handheld device incorporating a 28
110	110	video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power 29
111	111	cord; 30
112	112	(ii) A medical device; or 31
113	113	(iii) An adult mattress. 32
114	114	(16) "Manufacturer" means the person that manufactures a product or whose brand name 33
115	115	is affixed to the product. In the case of a product imported into the United States, "manufacturer" 34
116	116
117	117
118	118	LC001502 - Page 4 of 12
119	119	includes the importer or first domestic distributor of the product if the person that manufactured or 1
120	120	assembled the product or whose brand name is affixed to the product does not have a presence in 2
121	121	the United States. 3
122	122	(17) "Medical device" means any instrument, apparatus, implement, machine, appliance 4
123	123	implant, reagent for in vitro use, software, material or other similar or related article, intended by 5
124	124	the manufacturer to be used, alone or in a combination for a medical purpose. 6
125	125	(18) "Menstrual product" means a product used to collect menstruation and vaginal 7
126	126	discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, 8
127	127	applicators, and menstrual cups, whether disposable or reusable. 9
128	128	(19) "Outdoor apparel" means clothing items intended primarily for outdoor activities, 10
129	129	including, but not limited to, hiking, camping, skiing, climbing, bicycling, and fishing. 11
130	130	(20) "Outdoor apparel for severe wet conditions" means outdoor apparel that are extreme 12
131	131	and extended use products designed for outdoor sports experts for applications that provide 13
132	132	protection against extended exposure to extreme rain conditions or against extended immersion in 14
133	133	water or wet conditions, such as from snow, in order to protect the health and safety of the user and 15
134	134	that are not marketed for general consumer use. Examples of extreme and extended use products 16
135	135	include outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering. 17
136	136	(21) "Polish or floor maintenance product" means a chemically formulated consumer 18
137	137	product, such as polish, wax, or a restorer, labeled to indicate that the purpose of the product is to 19
138	138	polish, protect, buff, condition, temporarily seal, or maintain furniture, floors, metal, leather, or 20
139	139	other surfaces. 21
140	140	(22) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that 22
141	141	include any member of the class of fluorinated organic chemicals containing at least one fully 23
142	142	fluorinated carbon atom. 24
143	143	(23) "Personal protective equipment" means equipment worn to minimize exposure to 25
144	144	hazards that cause serious workplace injuries and illnesses that may result from contact with 26
145	145	chemical, radiological, physical, biological, electrical, mechanical, or other workplace or 27
146	146	professional hazards. 28
147	147	(24) "Product" means an item manufactured, assembled, packaged or otherwise prepared 29
148	148	for sale to consumers, including its product components, sold or distributed for personal, 30
149	149	residential, commercial or industrial use, including for use in making other products. Product does 31
150	150	not mean used products offered for sale or resale. 32
151	151	(25) "Product component" means an identifiable component of a product, regardless of 33
152	152	whether the manufacturer of the product is the manufacturer of the component. 34
153	153
154	154
155	155	LC001502 - Page 5 of 12
156	156	(26) "Ski wax" means a lubricant applied to the bottom of snow runners, including skis, 1
157	157	snowboards, and toboggans, to improve their coefficient of friction performance. 2
158	158	(27) "Textile" means any item made in whole or part from a natural, manmade, or synthetic 3
159	159	fiber, yarn, or fabric, and includes, but is not limited to, imitation leather, cotton, silk, jute, hemp, 4
160	160	wool, viscose, nylon, or polyester. "Textile" does not include single-use paper hygiene products, 5
161	161	including, but not limited to, toilet paper, paper towels or tissues, or single-use absorbent hygiene 6
162	162	products. 7
163	163	(28) "Textile articles" means textile goods of a type customarily and ordinarily used in 8
164	164	households and businesses, and include, but are not limited to, apparel, accessories, handbags, 9
165	165	backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and 10
166	166	tablecloths. 11
167	167	23-18.18-4. Prohibition on use of PFAS. 12
168	168	(a) Except as provided otherwise in this section, on and after January 1, 2025, no person 13
169	169	shall manufacture, sell, or offer for sale in the state any covered product that contains intentionally 14
170	170	added perfluoroalkyl and polyfluoroalkyl substances (PFAS). 15
171	171	(b) On and after January 1, 2025, no person shall manufacture, sell, or offer for sale in the 16
172	172	state any new, outdoor apparel for severe wet conditions that contain intentionally added PFAS 17
173	173	unless it is accompanied by a legible and easily discernible disclosure with the statement “Made 18
174	174	with PFAS chemicals,” including for online listings of products for sale. 19
175	175	(c) On and after January 1, 2028, no person shall manufacture, sell, or offer for sale in the 20
176	176	state any new, outdoor apparel for severe wet conditions that contain intentionally added PFAS. 21
177	177	(d) On and after January 1, 2026, no person shall manufacture, sell, or offer for sale in the 22
178	178	state cookware that contains intentionally added PFAS. 23
179	179	(e) A manufacturer of a covered product shall provide persons that offer the product for 24
180	180	sale in the state with a certificate of compliance stating that the covered product is in compliance 25
181	181	with the requirements of this chapter and does not contain any intentionally added PFAS. A 26
182	182	certificate of compliance provided pursuant to this section shall be signed by an authorized official 27
183	183	of the manufacturer. The certificate of compliance may be provided electronically. 28
184	184	(f) A distributor or retailer of a covered product, if they are not also the manufacturer of 29
185	185	the product, shall not be held in violation of this chapter if they relied in good faith on the certificate 30
186	186	of compliance provided by the manufacturer pursuant to subsection (e) of this section. 31
187	187	(g) This section shall not apply to the sale or resale of used products. 32
188	188	23-18.18-5. Disclosure of PFAS in certain products. 33
189	189	(a) For the purposes of this section, the term: "product" means an item manufactured, 34
190	190
191	191
192	192	LC001502 - Page 6 of 12
193	193	assembled, packaged or otherwise prepared for sale to consumers, including its product 1
194	194	components, sold or distributed for personal, residential, commercial or industrial use, including 2
195	195	for use in making other products. For the purposes of this section, product does not mean: 3
196	196	(i) Used products offered for sale or resale. 4
197	197	(ii) A product regulated as a drug, medical device, or dietary supplement by the United 5
198	198	States Food and Drug Administration. 6
199	199	(iii) Medical equipment or a product used in medical settings that is regulated by the United 7
200	200	States Food and Drug Administration. 8
201	201	(iv) A product intended for animals that is regulated as animal drugs, biologics, 9
202	202	parasiticides, medical devices, and diagnostics used to treat or are administered to animals under 10
203	203	the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), the Federal Virus-Serum-11
204	204	Toxin Act (21 U.S.C. § 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 12
205	205	U.S.C. § 136 et seq.). 13
206	206	(b) On or before January 1, 2026 and on or before January 1 of each year thereafter, a 14
207	207	manufacturer of PFAS or a product or product component containing intentionally added PFAS 15
208	208	that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional 16
209	209	purposes in, or imported into, the state shall register the PFAS or the product or product component 17
210	210	containing intentionally added PFAS on a publicly accessible data collection interface, along with 18
211	211	all of the following information, as applicable: 19
212	212	(1) The name and type of product or product component containing intentionally added 20
213	213	PFAS. 21
214	214	(2) The universal product code, ("UPC") of the product or product component containing 22
215	215	intentionally added PFAS. 23
216	216	(3) The purpose or function for which the intentionally added PFAS are used in the product 24
217	217	or product component. 25
218	218	(4) The identity and amount of all PFAS compounds in the product or product component 26
219	219	containing intentionally added PFAS, reported as follows: 27
220	220	(5) The identity shall be reported as follows: 28
221	221	(i) The specific name and the Chemical Abstracts Service Registry Number, also known as 29
222	222	a "CAS Registry Number" or "CAS RN," of each PFAS compound, if both are known. 30
223	223	(ii) The specific name or the CAS RN if only one is known. 31
224	224	(iii) The brand name of the formulation that contains PFAS and the name of the formulation 32
225	225	manufacturer, if neither the specific name nor CAS RN is known. 33
226	226	(6) The amount of PFAS shall be reported as follows: 34
227	227
228	228
229	229	LC001502 - Page 7 of 12
230	230	(i) The amount or weight of each intentionally added PFAS compound, if known. 1
231	231	(ii) The total organic fluorine in the product or product component containing intentionally 2
232	232	added PFAS, if the amount or weight of each intentionally added PFAS compound is not known; 3
233	233	and 4
234	234	(iii) The amount of the product or the product component or the numbers of products or 5
235	235	product components sold, delivered, or imported into the state in the prior calendar year. 6
236	236	(7) The name and address of the manufacturer, and the name, address, and phone number 7
237	237	of a contact person for the manufacturer. 8
238	238	(c) The department may prioritize products subject to requirements under subsection (b) of 9
239	239	this section based on the products that, in the department's judgment, are most likely to cause 10
240	240	contamination of the state's land or water resources if they contain intentionally added PFAS. 11
241	241	(d) With the approval of the department, a manufacturer may supply the information 12
242	242	required in this section for a category or type of product rather than for each individual product. 13
243	243	(e) In accordance with rules and regulations adopted by the department, a manufacturer 14
244	244	shall update and revise the information in the written notification whenever there is significant 15
245	245	change in the information. 16
246	246	(f) The department may waive all or part of the notification requirement in this section if 17
247	247	the department determines that substantially equivalent information is already publicly available. 18
248	248	The department may enter into an agreement with one or more other states or political subdivisions 19
249	249	of a state to collect notifications and may accept notifications to a shared system as meeting the 20
250	250	notification requirement under this section. The department may extend the deadline for submission 21
251	251	by a manufacturer of the information required under this section if the department determines that 22
252	252	more time is needed by the manufacturer to comply with the submission requirement. 23
253	253	(g) The department may establish by rule and regulation and assess a fee payable by a 24
254	254	manufacturer upon submission of the notification required under subsection (b) of this section to 25
255	255	cover the department's reasonable costs in developing rules administering the requirements in this 26
256	256	section. The department may choose to set fees based upon the volume of PFAS, volume of sales 27
257	257	or type of PFAS. 28
258	258	23-18.18-6. Ban in firefighting foam. 29
259	259	(a) For the purposes of this section, the following terms have the following definitions: 30
260	260	(1) "Class B firefighting foam" means foams designed for flammable liquid fires. 31
261	261	(2) "Firefighting personal protective equipment" means any clothing designed, intended, 32
262	262	or marketed to be worn by firefighting personnel in the performance of their duties, designed with 33
263	263	the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, 34
264	264
265	265
266	266	LC001502 - Page 8 of 12
267	267	and respiratory equipment. 1
268	268	(3) "Local governments" means any city, town, fire district, or other special purpose district 2
269	269	that provides firefighting services. 3
270	270	(4) "Terminal" means an establishment primarily engaged in the wholesale distribution of 4
271	271	crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid 5
272	272	storage facilities. 6
273	273	(b) Beginning January 1, 2024, a person, local government, or state agency may not 7
274	274	discharge or otherwise use for training purposes class B firefighting foam that contains intentionally 8
275	275	added PFAS. 9
276	276	(c) Beginning January 1, 2024, a manufacturer of class B firefighting foam may not 10
277	277	manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use or use in this 11
278	278	state class B firefighting foam to which PFAS have been intentionally added. 12
279	279	(d) The restrictions in subsections (b) and (c) of this section do not apply to any 13
280	280	manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS are 14
281	281	required by federal law, including, but not limited to, the requirements of 14 C.F.R. § 139.317, as 15
282	282	that section existed as of January 1, 2022. In the event that applicable federal regulations change 16
283	283	after January 1, 2022, to allow the use of alternative firefighting agents that do not contain PFAS, 17
284	284	the restrictions set forth in subsection (b) of this section shall apply. 18
285	285	(1) A person that uses class B firefighting foam containing PFAS pursuant to subsection 19
286	286	(d) of this section shall report the use of the foam to the state fire marshal within five (5) business 20
287	287	days of the use, including the identity of the foam, the quantity used, the total PFAS concentration, 21
288	288	the application for which the foam was used, and the duration of the fire. 22
289	289	(2) A person that uses class B firefighting foam containing PFAS pursuant to subsection 23
290	290	(d) of this section shall do all of the following: 24
291	291	(i) Allow no release directly into the environment, such as into unsealed ground, soakage 25
292	292	pits, waterways, or uncontrolled drains. 26
293	293	(ii) Fully contain all releases onsite. 27
294	294	(iii) Implement containment measures such as bunds and ponds that are controlled, 28
295	295	impervious to PFAS, and do not allow firewater, wastewater, runoff, and other wastes to be released 29
296	296	into the environment, such as into soils, groundwater, waterways, or stormwater. 30
297	297	(iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents 31
298	298	releases into the environment. 32
299	299	(v) If there is a release into the environment, report the identity of the foam, the quantity 33
300	300	used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that 34
301	301
302	302
303	303	LC001502 - Page 9 of 12
304	304	is released into the environment to the state fire marshal within five (5) business days of the release. 1
305	305	(vi) Document the measures undertaken pursuant to this subsection. In investigating 2
306	306	compliance with this subsection, the attorney general, a city attorney, or a city or town solicitor, 3
307	307	may request the documentation. 4
308	308	(e) A person operating a terminal after January 1, 2024, and who seeks to purchase class B 5
309	309	firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class 6
310	310	B fires, may apply to the department for a temporary exemption from the restrictions on the 7
311	311	manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. 8
312	312	An exemption shall not exceed one year. The department of environmental management, in 9
313	313	consultation with the department of health, may grant an exemption under this subsection if the 10
314	314	applicant provides: 11
315	315	(1) Clear and convincing evidence that there is not a commercially available alternative 12
316	316	that: 13
317	317	(i) Does not contain intentionally added PFAS; and 14
318	318	(ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the 15
319	319	terminal; 16
320	320	(2) Information on the amount of class B firefighting foam containing intentionally added 17
321	321	PFAS that is annually stored, used, or released at the terminal; 18
322	322	(3) A report on the progress being made by the applicant to transition at the terminal to 19
323	323	class B firefighting foam that does not contain intentionally added PFAS; and 20
324	324	(4) An explanation of how: 21
325	325	(i) All releases of class B firefighting foam containing intentionally added PFAS shall be 22
326	326	fully contained at the terminal; and 23
327	327	(ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes 24
328	328	from being released into the environment, including into soil, groundwater, waterways, and 25
329	329	stormwater. 26
330	330	(f) Nothing in this section shall prohibit a terminal from providing class B firefighting foam 27
331	331	in the form of aid to another terminal in the event of a class B fire. 28
332	332	(g) A manufacturer of class B firefighting foam restricted under subsection (c) of this 29
333	333	section must notify, in writing, persons that sell the manufacturer's products in this state about the 30
334	334	provisions of this chapter no less than one year prior to the effective date of the restrictions. 31
335	335	(h) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited 32
336	336	under subsection (c) of this section shall recall the product and reimburse the retailer or any other 33
337	337	purchaser for the product by March 1, 2024 and shall reimburse the retailer or any other purchaser 34
338	338
339	339
340	340	LC001502 - Page 10 of 12
341	341	for the product. A recall of the product shall include safe transport and storage and documentation 1
342	342	of the amount and storage location of the PFAS-containing firefighting foam, until the department 2
343	343	formally identifies a safe disposal technology. The manufacturer shall provide this documentation 3
344	344	to the attorney general, or city or town solicitor upon request. 4
345	345	(i) The department may request a certificate of compliance from a manufacturer of class B 5
346	346	firefighting foam, firefighting personal protective equipment sold in this state. A certificate of 6
347	347	compliance attests that a manufacturer's product or products meets the requirements of this chapter. 7
348	348	If the department requests such a certificate, the manufacturer shall provide the certificate within 8
349	349	thirty (30) calendar days after the request is made. 9
350	350	(j) The department shall assist state agencies, fire protection districts, and other local 10
351	351	governments to avoid purchasing or using class B firefighting foams to which PFAS have been 11
352	352	intentionally added. 12
353	353	(k) A manufacturer of class B firefighting foam in violation of this chapter is subject to a 13
354	354	civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first 14
355	355	offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil 15
356	356	penalty not to exceed ten thousand dollars ($10,000) for each repeat offense. 16
357	357	(l) Beginning January 1, 2024, a manufacturer or other person that sells firefighting 17
358	358	personal protective equipment to any person, local government, or state agency must provide 18
359	359	written notice to the purchaser at the time of sale if the firefighting personal protective equipment 19
360	360	contains any PFAS. The written notice must include a statement that the firefighting personal 20
361	361	protective equipment contains PFAS and the reason PFAS are added to the equipment. 21
362	362	(m) The department shall assist state agencies, fire protection districts, and other local 22
363	363	governments to give priority and preference to the purchase of firefighting personal protective 23
364	364	equipment that does not contain PFAS. 24
365	365	(n) The manufacturer or person selling firefighting personal protective equipment and the 25
366	366	purchaser of the equipment must retain the notice on file for at least three (3) years from the date 26
367	367	of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must 27
368	368	furnish the notice, or written copies, and associated sales documentation to the department within 28
369	369	sixty (60) days. 29
370	370	23-18.8-7. Rules and regulations. 30
371	371	The department may promulgate rules and regulations to implement the provisions of this 31
372	372	chapter. 32
373	373
374	374
375	375	LC001502 - Page 11 of 12
376	376	SECTION 2. This act shall take effect upon passage. 1
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378	378	LC001502
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380	380
381	381
382	382	LC001502 - Page 12 of 12
383	383	EXPLANATION
384	384	BY THE LEGISLATIVE COUNCIL
385	385	OF
386	386	A N A C T
387	387	RELATING TO HEALTH AND SAFETY -- COMPREHENSIVE PFAS B AN ACT OF 2023
388	388	***
389	389	This act would prohibit the use of perfluoroalkyl and polyfluoroalkyl substances or "PFAS" 1
390	390	in various products, including but not limited to, carpets, rugs, cookware, cosmetics, firefighting 2
391	391	foam and various other items. This act would also give authority to the department of 3
392	392	environmental management to regulate the use of PFAS. The act would provide for some limited 4
393	393	and/or temporary exemptions to these prohibitions. 5
394	394	This act would take effect upon passage. 6
395	395	========
396	396	LC001502
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398	398