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4 | 4 | | |
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5 | 5 | | 2025 -- H 5019 |
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6 | 6 | | ======== |
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7 | 7 | | LC000119 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HEALTH AND SAFETY -- CONSUMER PFAS BAN ACT OF 2024 |
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16 | 16 | | Introduced By: Representatives Speakman, Casey, Knight, Noret, Read, Kislak, |
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17 | 17 | | Cortvriend, Bennett, Boylan, and McGaw |
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18 | 18 | | Date Introduced: January 10, 2025 |
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19 | 19 | | Referred To: House Environment and Natural Resources |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Sections 23-18.18-3 and 23-18.18-5 of the General Laws in Chapter 23-18.18 1 |
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24 | 24 | | entitled "Consumer PFAS Ban Act of 2024." are hereby amended to read as follows: 2 |
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25 | 25 | | 23-18.18-3. Definitions. 3 |
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26 | 26 | | As used in this chapter: 4 |
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27 | 27 | | (1) “Adult mattress” means a mattress other than a crib mattress or toddler mattress. 5 |
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28 | 28 | | (2) “Apparel” means any of the following: 6 |
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29 | 29 | | (i) Clothing items intended for regular wear or formal occasions, including, but not limited 7 |
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30 | 30 | | to: undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, 8 |
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31 | 31 | | suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, 9 |
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32 | 32 | | everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for 10 |
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33 | 33 | | workwear. Clothing items intended for regular wear or formal occasions does not include personal 11 |
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34 | 34 | | protective equipment or clothing items for exclusive use by the United States military; and 12 |
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35 | 35 | | (ii) Outdoor apparel. 13 |
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36 | 36 | | (3) “Artificial turf” means a man-made material that simulates the appearance of live turf, 14 |
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37 | 37 | | organic turf, grass, sod, or lawn. 15 |
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38 | 38 | | (4) “Carpet” or “rug” means a consumer product made from natural or synthetic fabric 16 |
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39 | 39 | | intended for use as a floor covering inside commercial or residential buildings. “Carpet or rug” 17 |
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40 | 40 | | does not include: 18 |
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41 | 41 | | (i) A carpet or rug intended solely for outdoor use; 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000119 - Page 2 of 9 |
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45 | 45 | | (ii) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile, 1 |
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46 | 46 | | light duty truck, van, bus, or any other vehicle and any aftermarket or replacement part marketed 2 |
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47 | 47 | | solely for use in a vehicle; 3 |
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48 | 48 | | (iii) A resilient floor covering; 4 |
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49 | 49 | | (iv) Artificial turf; 5 |
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50 | 50 | | (v) A wall hanging or covering; 6 |
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51 | 51 | | (vi) A table mat; or 7 |
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52 | 52 | | (vii) A camping sleeping mat. 8 |
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53 | 53 | | (5) “Cookware” means durable cookware items that are used in homes and restaurants to 9 |
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54 | 54 | | prepare, dispense, or store food, foodstuffs, or beverages. “Cookware” includes pots, pans, skillets, 10 |
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55 | 55 | | grills, baking sheets, baking molds, trays, bowls, and cooking utensils. 11 |
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56 | 56 | | (6) “Cosmetic” means: 12 |
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57 | 57 | | (i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or 13 |
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58 | 58 | | otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting 14 |
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59 | 59 | | attractiveness, or altering the appearance; and 15 |
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60 | 60 | | (ii) Articles intended for use as a component of any such article; except that such term shall 16 |
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61 | 61 | | not include soap. 17 |
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62 | 62 | | (7) “Covered product” means the following: 18 |
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63 | 63 | | (i) Artificial turf; 19 |
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64 | 64 | | (ii) Carpets or rugs; 20 |
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65 | 65 | | (iii) Cookware; 21 |
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66 | 66 | | (iv) Cosmetics; 22 |
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67 | 67 | | (v) Fabric treatments; 23 |
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68 | 68 | | (vi) Juvenile products; 24 |
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69 | 69 | | (vii) Menstrual products; 25 |
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70 | 70 | | (viii) Ski wax; 26 |
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71 | 71 | | (ix) Textile articles; 27 |
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72 | 72 | | (x) Firefighting personal protective equipment. 28 |
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73 | 73 | | (8) “Department” means the department of environmental management. 29 |
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74 | 74 | | (9) “Director” means the director of the department of environmental management. 30 |
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75 | 75 | | (10) “Fabric treatment” means a substance applied to fabric to give the fabric one or more 31 |
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76 | 76 | | characteristics, including, but not limited to, stain resistance or water resistance. 32 |
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77 | 77 | | (11) “Ingredient” has the same meaning as defined in 21 C.F.R. Part 700 § 700.3(e) and 33 |
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78 | 78 | | does not include any incidental ingredient as defined in 21 C.F.R. Part 701 § 701.3. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000119 - Page 3 of 9 |
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82 | 82 | | (12) “Intentionally added PFAS” means PFAS added to a covered product or one of its 1 |
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83 | 83 | | product components to provide a specific characteristic, appearance, or quality or to perform a 2 |
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84 | 84 | | specific function. “Intentionally added PFAS” also includes any degradation byproducts of PFAS 3 |
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85 | 85 | | or PFAS that are intentional breakdown products of an added chemical. The use of PFAS as a 4 |
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86 | 86 | | processing agent, mold release agent, or intermediate is considered intentional introduction for the 5 |
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87 | 87 | | purposes of this chapter where PFAS is detected in the final covered product. 6 |
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88 | 88 | | (13) “Juvenile product” means a product designed for use by infants and children under 7 |
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89 | 89 | | twelve (12) years of age, including, but not limited to: a baby or toddler foam pillow, bassinet, 8 |
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90 | 90 | | bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and 9 |
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91 | 91 | | aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant 10 |
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92 | 92 | | carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, 11 |
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93 | 93 | | nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, 12 |
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94 | 94 | | portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, 13 |
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95 | 95 | | stroller, and toddler mattress. “Juvenile product” shall not include any of the following: 14 |
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96 | 96 | | (i) A children’s electronic product, including, but not limited to: a personal computer, audio 15 |
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97 | 97 | | and video equipment, calculator, wireless phone, game console, handheld device incorporating a 16 |
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98 | 98 | | video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, power 17 |
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99 | 99 | | cord, film, camera, audio, visual, or imaging equipment or sensors; 18 |
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100 | 100 | | (ii) A medical device; 19 |
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101 | 101 | | (iii) An adult mattress; or 20 |
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102 | 102 | | (iv) Children’s electronic products containing integrated circuits, semiconductor package, 21 |
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103 | 103 | | or device that contains a semiconductor chip. 22 |
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104 | 104 | | (14) “Manufacturer” means the person that manufactures a product or whose brand name 23 |
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105 | 105 | | is affixed to the product. In the case of a product imported into the United States, “manufacturer” 24 |
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106 | 106 | | includes the importer or first domestic distributor of the product if the person that manufactured or 25 |
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107 | 107 | | assembled the product or whose brand name is affixed to the product does not have a presence in 26 |
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108 | 108 | | the United States. 27 |
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109 | 109 | | (15) “Medical device” has the same meaning as the term “device” as defined in 21 U.S.C. 28 |
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110 | 110 | | § 321(h). 29 |
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111 | 111 | | (16) “Menstrual product” means a product used to collect menstruation and vaginal 30 |
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112 | 112 | | discharge, including, but not limited to: tampons, pads, sponges, menstruation underwear, disks, 31 |
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113 | 113 | | applicators, and menstrual cups, whether disposable or reusable. 32 |
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114 | 114 | | (17) “Outdoor apparel” means clothing items intended primarily for outdoor activities, 33 |
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115 | 115 | | including, but not limited to: hiking, camping, skiing, climbing, bicycling, and fishing. 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC000119 - Page 4 of 9 |
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119 | 119 | | (18) “Outdoor apparel for severe wet conditions” means apparel that are extreme and 1 |
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120 | 120 | | extended use products designed for outdoor sports experts for applications that provide protection 2 |
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121 | 121 | | against extended exposure to extreme rain conditions or against extended immersion in water or 3 |
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122 | 122 | | wet conditions, such as from snow, in order to protect the health and safety of the user and that are 4 |
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123 | 123 | | not marketed for general consumer use. Examples of extreme and extended use products include 5 |
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124 | 124 | | outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering. 6 |
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125 | 125 | | (19) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that 7 |
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126 | 126 | | include any member of the class of fluorinated organic chemicals containing at least one fully 8 |
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127 | 127 | | fluorinated carbon atom. 9 |
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128 | 128 | | (20) “Personal protective equipment” means equipment worn to minimize exposure to 10 |
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129 | 129 | | hazards that cause serious workplace injuries and illnesses that may result from contact with 11 |
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130 | 130 | | chemical, radiological, physical, biological, electrical, mechanical, or other workplace or 12 |
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131 | 131 | | professional hazards. 13 |
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132 | 132 | | (21) “Product” means an item manufactured, assembled, packaged, or otherwise prepared 14 |
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133 | 133 | | for sale to consumers, including its product components, sold or distributed for personal or 15 |
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134 | 134 | | residential use, including for use in making other products. “Product” does not mean used products 16 |
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135 | 135 | | offered for sale or resale. 17 |
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136 | 136 | | (22) “Product component” means an identifiable component of a product, regardless of 18 |
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137 | 137 | | whether the manufacturer of the product is the manufacturer of the component. 19 |
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138 | 138 | | (23) “Ski wax” means a lubricant applied to the bottom of snow runners, including, but not 20 |
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139 | 139 | | limited to, skis and snowboards to improve their grip or glide properties. “Ski wax” includes related 21 |
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140 | 140 | | tuning products. 22 |
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141 | 141 | | (24) “Textile” means any item made in whole or part from a natural, manmade, or synthetic 23 |
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142 | 142 | | fiber, yarn, or fabric, and includes, but is not limited to: leather, cotton, silk, jute, hemp, wool, 24 |
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143 | 143 | | viscose, nylon, or polyester. “Textile” does not include single-use paper hygiene products, 25 |
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144 | 144 | | including, but not limited to: toilet paper, paper towels or tissues, or single-use absorbent hygiene 26 |
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145 | 145 | | products. 27 |
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146 | 146 | | (25) “Textile articles” means textile goods of a type customarily and ordinarily used in 28 |
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147 | 147 | | households and businesses, and include, but are not limited to: apparel, accessories, handbags, 29 |
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148 | 148 | | backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and 30 |
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149 | 149 | | tablecloths. “Textile articles” does not include: 31 |
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150 | 150 | | (i) A carpet or rug; 32 |
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151 | 151 | | (ii) A treatment for use on covered textiles or leathers; 33 |
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152 | 152 | | (iii) A textile used in or designed for laboratory analysis and testing; 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC000119 - Page 5 of 9 |
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156 | 156 | | (iv) A stadium shade or other architectural fabric structure; or 1 |
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157 | 157 | | (v) Filtration or separation media processing equipment and plumbing, or a filter product 2 |
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158 | 158 | | used in industrial applications, including but not limited to, chemical or pharmaceutical 3 |
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159 | 159 | | manufacturing and environmental control technologies. 4 |
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160 | 160 | | 23-18.18-5. Ban in firefighting foam. 5 |
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161 | 161 | | (a) For the purposes of this section, the following terms shall have the following meanings: 6 |
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162 | 162 | | (1) “Class B firefighting foam” means foams designed for flammable liquid fires. 7 |
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163 | 163 | | (2) “Firefighting personal protective equipment” means any clothing designed, intended, 8 |
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164 | 164 | | or marketed to be worn by firefighting personnel in the performance of their duties, designed with 9 |
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165 | 165 | | the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, 10 |
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166 | 166 | | and respiratory equipment. 11 |
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167 | 167 | | (3) “Local government” means any county, city, town, fire district, regional fire protection 12 |
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168 | 168 | | authority, or other special purpose district that provides firefighting services. 13 |
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169 | 169 | | (4) “Terminal” means an establishment primarily engaged in the wholesale distribution of 14 |
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170 | 170 | | crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid 15 |
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171 | 171 | | storage facilities. 16 |
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172 | 172 | | (b) Beginning January 1, 2025, a person, local government, or state agency may not 17 |
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173 | 173 | | discharge or otherwise use for training purposes class B firefighting foam that contains intentionally 18 |
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174 | 174 | | added PFAS chemicals. 19 |
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175 | 175 | | (c) Beginning January 1, 2025, a manufacturer of class B firefighting foam may not 20 |
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176 | 176 | | manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use or use in this 21 |
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177 | 177 | | state class B firefighting foam to which PFAS have been intentionally added. 22 |
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178 | 178 | | (d) The restrictions in subsections (b) and (c) of this section do not apply to any 23 |
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179 | 179 | | manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS 24 |
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180 | 180 | | chemicals are required by federal law, including, but not limited to, the requirements of 14 C.F.R. 25 |
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181 | 181 | | § 139.317, as that section existed as of January 1, 2022. In the event that applicable federal 26 |
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182 | 182 | | regulations change after January 1, 2022, to allow the use of alternative firefighting agents that do 27 |
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183 | 183 | | not contain PFAS chemicals, the restrictions set forth in subsection (b) of this section shall apply. 28 |
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184 | 184 | | (1) A person that uses class B firefighting foam containing PFAS chemicals pursuant to 29 |
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185 | 185 | | subsection (d) of this section shall report the use of the foam to the state fire marshal within five 30 |
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186 | 186 | | (5) business days of the use, including the identity of the foam, the quantity used, the total PFAS 31 |
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187 | 187 | | concentration, the application for which the foam was used, and the duration of the fire. 32 |
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188 | 188 | | (2) A person that uses class B firefighting foam containing PFAS chemicals pursuant to 33 |
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189 | 189 | | subsection (d) of this section shall do all of the following: 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC000119 - Page 6 of 9 |
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193 | 193 | | (i) Allow no release directly to the environment, such as to unsealed ground, soakage pits, 1 |
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194 | 194 | | waterways, or uncontrolled drains; 2 |
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195 | 195 | | (ii) Fully contain all releases onsite; 3 |
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196 | 196 | | (iii) Implement containment measures such as bunds and ponds that are controlled, 4 |
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197 | 197 | | impervious to PFAS, and do not allow firewater, wastewater, runoff, and other wastes to be released 5 |
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198 | 198 | | to the environment, such as to soils, groundwater, waterways, or stormwater; 6 |
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199 | 199 | | (iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents 7 |
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200 | 200 | | releases to the environment; 8 |
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201 | 201 | | (v) If there is a release to the environment, report the identity of the foam, the quantity 9 |
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202 | 202 | | used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that 10 |
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203 | 203 | | is released into the environment to the state fire marshal within five (5) business days of the release; 11 |
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204 | 204 | | and 12 |
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205 | 205 | | (vi) Document the measures undertaken pursuant to this subsection. In investigating 13 |
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206 | 206 | | compliance with this subsection, the attorney general, a city attorney, or a city or town solicitor 14 |
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207 | 207 | | may request the documentation. 15 |
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208 | 208 | | (e) A person operating a terminal after January 1, 2025, and who seeks to purchase class B 16 |
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209 | 209 | | firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class 17 |
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210 | 210 | | B fires, may apply to the department for a temporary exemption from the restrictions on the 18 |
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211 | 211 | | manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. 19 |
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212 | 212 | | An exemption shall not exceed one year. The department of environmental management, in 20 |
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213 | 213 | | consultation with the department of health, may grant an exemption under this subsection if the 21 |
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214 | 214 | | applicant provides: 22 |
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215 | 215 | | (1) Clear and convincing evidence that there is not a commercially available alternative 23 |
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216 | 216 | | that: 24 |
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217 | 217 | | (i) Does not contain intentionally added PFAS; and 25 |
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218 | 218 | | (ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the 26 |
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219 | 219 | | terminal; 27 |
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220 | 220 | | (2) Information on the amount of class B firefighting foam containing intentionally added 28 |
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221 | 221 | | PFAS that is annually stored, used, or released at the terminal; 29 |
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222 | 222 | | (3) A report on the progress being made by the applicant to transition at the terminal to 30 |
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223 | 223 | | class B firefighting foam that does not contain intentionally added PFAS; and 31 |
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224 | 224 | | (4) An explanation of how: 32 |
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225 | 225 | | (i) All releases of class B firefighting foam containing intentionally added PFAS shall be 33 |
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226 | 226 | | fully contained at the terminal; and 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC000119 - Page 7 of 9 |
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230 | 230 | | (ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes 1 |
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231 | 231 | | from being released into the environment, including into soil, groundwater, waterways, and 2 |
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232 | 232 | | stormwater. 3 |
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233 | 233 | | (f) Nothing in this section shall prohibit a terminal from providing class B firefighting foam 4 |
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234 | 234 | | in the form of aid to another terminal in the event of a class B fire. 5 |
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235 | 235 | | (g) A manufacturer of class B firefighting foam restricted under subsection (c) of this 6 |
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236 | 236 | | section must notify, in writing, persons that sell the manufacturer’s products in this state about the 7 |
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237 | 237 | | provisions of this chapter no less than one year prior to the effective date of the restrictions. 8 |
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238 | 238 | | (h) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited 9 |
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239 | 239 | | under subsection (c) of this section shall recall the product and reimburse the retailer or any other 10 |
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240 | 240 | | purchaser for the product by March 1, 2025, and shall reimburse the retailer or any other purchaser 11 |
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241 | 241 | | for the product. A recall of the product shall include safe transport and storage and documentation 12 |
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242 | 242 | | of the amount and storage location of the PFAS-containing firefighting foam, until the department 13 |
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243 | 243 | | formally identifies a safe disposal technology. The manufacturer shall provide this documentation 14 |
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244 | 244 | | to the attorney general, or city or town solicitor upon request. 15 |
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245 | 245 | | (i) The department may request a certificate of compliance from a manufacturer of class B 16 |
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246 | 246 | | firefighting foam, or firefighting personal protective equipment sold in this state. A certificate of 17 |
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247 | 247 | | compliance attests that a manufacturer’s product or products meets the requirements of this chapter. 18 |
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248 | 248 | | If the department requests such a certificate, the manufacturer shall provide the certificate within 19 |
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249 | 249 | | thirty (30) calendar days after the request is made. 20 |
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250 | 250 | | (j) The department shall assist state agencies, fire protection districts, and other local 21 |
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251 | 251 | | governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals 22 |
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252 | 252 | | have been intentionally added. 23 |
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253 | 253 | | (k) A manufacturer of class B firefighting foam in violation of this chapter is subject to a 24 |
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254 | 254 | | civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first 25 |
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255 | 255 | | offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil 26 |
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256 | 256 | | penalty not to exceed ten thousand dollars ($10,000) for each repeat offense. 27 |
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257 | 257 | | (l)(1) Beginning January 1, 2025, a manufacturer or other person that sells firefighting 28 |
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258 | 258 | | personal protective equipment to any person, local government, or state agency must provide 29 |
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259 | 259 | | written notice to the purchaser at the time of sale if the firefighting personal protective equipment 30 |
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260 | 260 | | contains any PFAS. The written notice must include a statement that the firefighting personal 31 |
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261 | 261 | | protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the 32 |
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262 | 262 | | equipment. 33 |
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263 | 263 | | (2) Beginning January 1, 2027, a manufacturer or other person that sells firefighting 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC000119 - Page 8 of 9 |
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267 | 267 | | personal protective equipment to any person, local government, or state agency shall not 1 |
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268 | 268 | | manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in the state any 2 |
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269 | 269 | | firefighting personal protective equipment containing intentionally-added PFAS. 3 |
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270 | 270 | | (m) The department shall assist state agencies, fire protection districts, and other local 4 |
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271 | 271 | | governments to give priority and preference to the purchase of firefighting personal protective 5 |
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272 | 272 | | equipment that does not contain PFAS. 6 |
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273 | 273 | | (n) The manufacturer or person selling firefighting personal protective equipment and the 7 |
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274 | 274 | | purchaser of the equipment must retain the notice on file for at least three (3) years from the date 8 |
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275 | 275 | | of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must 9 |
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276 | 276 | | furnish the notice, or written copies, and associated sales documentation to the department within 10 |
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277 | 277 | | sixty (60) days. 11 |
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278 | 278 | | SECTION 2. This act shall take effect upon passage. 12 |
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279 | 279 | | ======== |
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280 | 280 | | LC000119 |
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281 | 281 | | ======== |
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282 | 282 | | |
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283 | 283 | | |
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284 | 284 | | LC000119 - Page 9 of 9 |
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285 | 285 | | EXPLANATION |
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286 | 286 | | BY THE LEGISLATIVE COUNCIL |
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287 | 287 | | OF |
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288 | 288 | | A N A C T |
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289 | 289 | | RELATING TO HEALTH AND SAFETY -- CONSUMER PFAS BAN ACT OF 2024 |
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290 | 290 | | *** |
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291 | 291 | | This act would prohibit a manufacturer or other person that sells firefighting personal 1 |
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292 | 292 | | protective equipment to a person, local government or state agency from manufacturing, knowingly 2 |
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293 | 293 | | selling, offering for sale, distributing for sale or distributing for use in the state any firefighting 3 |
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294 | 294 | | personal protective equipment containing intentionally-added PFAS as of January 1, 2027. 4 |
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295 | 295 | | This act would take effect upon passage. 5 |
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296 | 296 | | ======== |
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297 | 297 | | LC000119 |
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298 | 298 | | ======== |
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