Rhode Island 2025 Regular Session

Rhode Island House Bill H5019 Compare Versions

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55 2025 -- H 5019
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HEALTH AND SAFETY -- CONSUMER PFAS BAN ACT OF 2024
1616 Introduced By: Representatives Speakman, Casey, Knight, Noret, Read, Kislak,
1717 Cortvriend, Bennett, Boylan, and McGaw
1818 Date Introduced: January 10, 2025
1919 Referred To: House Environment and Natural Resources
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 23-18.18-3 and 23-18.18-5 of the General Laws in Chapter 23-18.18 1
2424 entitled "Consumer PFAS Ban Act of 2024." are hereby amended to read as follows: 2
2525 23-18.18-3. Definitions. 3
2626 As used in this chapter: 4
2727 (1) “Adult mattress” means a mattress other than a crib mattress or toddler mattress. 5
2828 (2) “Apparel” means any of the following: 6
2929 (i) Clothing items intended for regular wear or formal occasions, including, but not limited 7
3030 to: undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, 8
3131 suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, 9
3232 everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for 10
3333 workwear. Clothing items intended for regular wear or formal occasions does not include personal 11
3434 protective equipment or clothing items for exclusive use by the United States military; and 12
3535 (ii) Outdoor apparel. 13
3636 (3) “Artificial turf” means a man-made material that simulates the appearance of live turf, 14
3737 organic turf, grass, sod, or lawn. 15
3838 (4) “Carpet” or “rug” means a consumer product made from natural or synthetic fabric 16
3939 intended for use as a floor covering inside commercial or residential buildings. “Carpet or rug” 17
4040 does not include: 18
4141 (i) A carpet or rug intended solely for outdoor use; 19
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4545 (ii) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile, 1
4646 light duty truck, van, bus, or any other vehicle and any aftermarket or replacement part marketed 2
4747 solely for use in a vehicle; 3
4848 (iii) A resilient floor covering; 4
4949 (iv) Artificial turf; 5
5050 (v) A wall hanging or covering; 6
5151 (vi) A table mat; or 7
5252 (vii) A camping sleeping mat. 8
5353 (5) “Cookware” means durable cookware items that are used in homes and restaurants to 9
5454 prepare, dispense, or store food, foodstuffs, or beverages. “Cookware” includes pots, pans, skillets, 10
5555 grills, baking sheets, baking molds, trays, bowls, and cooking utensils. 11
5656 (6) “Cosmetic” means: 12
5757 (i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or 13
5858 otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting 14
5959 attractiveness, or altering the appearance; and 15
6060 (ii) Articles intended for use as a component of any such article; except that such term shall 16
6161 not include soap. 17
6262 (7) “Covered product” means the following: 18
6363 (i) Artificial turf; 19
6464 (ii) Carpets or rugs; 20
6565 (iii) Cookware; 21
6666 (iv) Cosmetics; 22
6767 (v) Fabric treatments; 23
6868 (vi) Juvenile products; 24
6969 (vii) Menstrual products; 25
7070 (viii) Ski wax; 26
7171 (ix) Textile articles; 27
7272 (x) Firefighting personal protective equipment. 28
7373 (8) “Department” means the department of environmental management. 29
7474 (9) “Director” means the director of the department of environmental management. 30
7575 (10) “Fabric treatment” means a substance applied to fabric to give the fabric one or more 31
7676 characteristics, including, but not limited to, stain resistance or water resistance. 32
7777 (11) “Ingredient” has the same meaning as defined in 21 C.F.R. Part 700 § 700.3(e) and 33
7878 does not include any incidental ingredient as defined in 21 C.F.R. Part 701 § 701.3. 34
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8282 (12) “Intentionally added PFAS” means PFAS added to a covered product or one of its 1
8383 product components to provide a specific characteristic, appearance, or quality or to perform a 2
8484 specific function. “Intentionally added PFAS” also includes any degradation byproducts of PFAS 3
8585 or PFAS that are intentional breakdown products of an added chemical. The use of PFAS as a 4
8686 processing agent, mold release agent, or intermediate is considered intentional introduction for the 5
8787 purposes of this chapter where PFAS is detected in the final covered product. 6
8888 (13) “Juvenile product” means a product designed for use by infants and children under 7
8989 twelve (12) years of age, including, but not limited to: a baby or toddler foam pillow, bassinet, 8
9090 bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and 9
9191 aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant 10
9292 carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, 11
9393 nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, 12
9494 portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, 13
9595 stroller, and toddler mattress. “Juvenile product” shall not include any of the following: 14
9696 (i) A children’s electronic product, including, but not limited to: a personal computer, audio 15
9797 and video equipment, calculator, wireless phone, game console, handheld device incorporating a 16
9898 video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, power 17
9999 cord, film, camera, audio, visual, or imaging equipment or sensors; 18
100100 (ii) A medical device; 19
101101 (iii) An adult mattress; or 20
102102 (iv) Children’s electronic products containing integrated circuits, semiconductor package, 21
103103 or device that contains a semiconductor chip. 22
104104 (14) “Manufacturer” means the person that manufactures a product or whose brand name 23
105105 is affixed to the product. In the case of a product imported into the United States, “manufacturer” 24
106106 includes the importer or first domestic distributor of the product if the person that manufactured or 25
107107 assembled the product or whose brand name is affixed to the product does not have a presence in 26
108108 the United States. 27
109109 (15) “Medical device” has the same meaning as the term “device” as defined in 21 U.S.C. 28
110110 § 321(h). 29
111111 (16) “Menstrual product” means a product used to collect menstruation and vaginal 30
112112 discharge, including, but not limited to: tampons, pads, sponges, menstruation underwear, disks, 31
113113 applicators, and menstrual cups, whether disposable or reusable. 32
114114 (17) “Outdoor apparel” means clothing items intended primarily for outdoor activities, 33
115115 including, but not limited to: hiking, camping, skiing, climbing, bicycling, and fishing. 34
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119119 (18) “Outdoor apparel for severe wet conditions” means apparel that are extreme and 1
120120 extended use products designed for outdoor sports experts for applications that provide protection 2
121121 against extended exposure to extreme rain conditions or against extended immersion in water or 3
122122 wet conditions, such as from snow, in order to protect the health and safety of the user and that are 4
123123 not marketed for general consumer use. Examples of extreme and extended use products include 5
124124 outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering. 6
125125 (19) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that 7
126126 include any member of the class of fluorinated organic chemicals containing at least one fully 8
127127 fluorinated carbon atom. 9
128128 (20) “Personal protective equipment” means equipment worn to minimize exposure to 10
129129 hazards that cause serious workplace injuries and illnesses that may result from contact with 11
130130 chemical, radiological, physical, biological, electrical, mechanical, or other workplace or 12
131131 professional hazards. 13
132132 (21) “Product” means an item manufactured, assembled, packaged, or otherwise prepared 14
133133 for sale to consumers, including its product components, sold or distributed for personal or 15
134134 residential use, including for use in making other products. “Product” does not mean used products 16
135135 offered for sale or resale. 17
136136 (22) “Product component” means an identifiable component of a product, regardless of 18
137137 whether the manufacturer of the product is the manufacturer of the component. 19
138138 (23) “Ski wax” means a lubricant applied to the bottom of snow runners, including, but not 20
139139 limited to, skis and snowboards to improve their grip or glide properties. “Ski wax” includes related 21
140140 tuning products. 22
141141 (24) “Textile” means any item made in whole or part from a natural, manmade, or synthetic 23
142142 fiber, yarn, or fabric, and includes, but is not limited to: leather, cotton, silk, jute, hemp, wool, 24
143143 viscose, nylon, or polyester. “Textile” does not include single-use paper hygiene products, 25
144144 including, but not limited to: toilet paper, paper towels or tissues, or single-use absorbent hygiene 26
145145 products. 27
146146 (25) “Textile articles” means textile goods of a type customarily and ordinarily used in 28
147147 households and businesses, and include, but are not limited to: apparel, accessories, handbags, 29
148148 backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and 30
149149 tablecloths. “Textile articles” does not include: 31
150150 (i) A carpet or rug; 32
151151 (ii) A treatment for use on covered textiles or leathers; 33
152152 (iii) A textile used in or designed for laboratory analysis and testing; 34
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156156 (iv) A stadium shade or other architectural fabric structure; or 1
157157 (v) Filtration or separation media processing equipment and plumbing, or a filter product 2
158158 used in industrial applications, including but not limited to, chemical or pharmaceutical 3
159159 manufacturing and environmental control technologies. 4
160160 23-18.18-5. Ban in firefighting foam. 5
161161 (a) For the purposes of this section, the following terms shall have the following meanings: 6
162162 (1) “Class B firefighting foam” means foams designed for flammable liquid fires. 7
163163 (2) “Firefighting personal protective equipment” means any clothing designed, intended, 8
164164 or marketed to be worn by firefighting personnel in the performance of their duties, designed with 9
165165 the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, 10
166166 and respiratory equipment. 11
167167 (3) “Local government” means any county, city, town, fire district, regional fire protection 12
168168 authority, or other special purpose district that provides firefighting services. 13
169169 (4) “Terminal” means an establishment primarily engaged in the wholesale distribution of 14
170170 crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid 15
171171 storage facilities. 16
172172 (b) Beginning January 1, 2025, a person, local government, or state agency may not 17
173173 discharge or otherwise use for training purposes class B firefighting foam that contains intentionally 18
174174 added PFAS chemicals. 19
175175 (c) Beginning January 1, 2025, a manufacturer of class B firefighting foam may not 20
176176 manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use or use in this 21
177177 state class B firefighting foam to which PFAS have been intentionally added. 22
178178 (d) The restrictions in subsections (b) and (c) of this section do not apply to any 23
179179 manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS 24
180180 chemicals are required by federal law, including, but not limited to, the requirements of 14 C.F.R. 25
181181 §  139.317, as that section existed as of January 1, 2022. In the event that applicable federal 26
182182 regulations change after January 1, 2022, to allow the use of alternative firefighting agents that do 27
183183 not contain PFAS chemicals, the restrictions set forth in subsection (b) of this section shall apply. 28
184184 (1) A person that uses class B firefighting foam containing PFAS chemicals pursuant to 29
185185 subsection (d) of this section shall report the use of the foam to the state fire marshal within five 30
186186 (5) business days of the use, including the identity of the foam, the quantity used, the total PFAS 31
187187 concentration, the application for which the foam was used, and the duration of the fire. 32
188188 (2) A person that uses class B firefighting foam containing PFAS chemicals pursuant to 33
189189 subsection (d) of this section shall do all of the following: 34
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193193 (i) Allow no release directly to the environment, such as to unsealed ground, soakage pits, 1
194194 waterways, or uncontrolled drains; 2
195195 (ii) Fully contain all releases onsite; 3
196196 (iii) Implement containment measures such as bunds and ponds that are controlled, 4
197197 impervious to PFAS, and do not allow firewater, wastewater, runoff, and other wastes to be released 5
198198 to the environment, such as to soils, groundwater, waterways, or stormwater; 6
199199 (iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents 7
200200 releases to the environment; 8
201201 (v) If there is a release to the environment, report the identity of the foam, the quantity 9
202202 used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that 10
203203 is released into the environment to the state fire marshal within five (5) business days of the release; 11
204204 and 12
205205 (vi) Document the measures undertaken pursuant to this subsection. In investigating 13
206206 compliance with this subsection, the attorney general, a city attorney, or a city or town solicitor 14
207207 may request the documentation. 15
208208 (e) A person operating a terminal after January 1, 2025, and who seeks to purchase class B 16
209209 firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class 17
210210 B fires, may apply to the department for a temporary exemption from the restrictions on the 18
211211 manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. 19
212212 An exemption shall not exceed one year. The department of environmental management, in 20
213213 consultation with the department of health, may grant an exemption under this subsection if the 21
214214 applicant provides: 22
215215 (1) Clear and convincing evidence that there is not a commercially available alternative 23
216216 that: 24
217217 (i) Does not contain intentionally added PFAS; and 25
218218 (ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the 26
219219 terminal; 27
220220 (2) Information on the amount of class B firefighting foam containing intentionally added 28
221221 PFAS that is annually stored, used, or released at the terminal; 29
222222 (3) A report on the progress being made by the applicant to transition at the terminal to 30
223223 class B firefighting foam that does not contain intentionally added PFAS; and 31
224224 (4) An explanation of how: 32
225225 (i) All releases of class B firefighting foam containing intentionally added PFAS shall be 33
226226 fully contained at the terminal; and 34
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230230 (ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes 1
231231 from being released into the environment, including into soil, groundwater, waterways, and 2
232232 stormwater. 3
233233 (f) Nothing in this section shall prohibit a terminal from providing class B firefighting foam 4
234234 in the form of aid to another terminal in the event of a class B fire. 5
235235 (g) A manufacturer of class B firefighting foam restricted under subsection (c) of this 6
236236 section must notify, in writing, persons that sell the manufacturer’s products in this state about the 7
237237 provisions of this chapter no less than one year prior to the effective date of the restrictions. 8
238238 (h) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited 9
239239 under subsection (c) of this section shall recall the product and reimburse the retailer or any other 10
240240 purchaser for the product by March 1, 2025, and shall reimburse the retailer or any other purchaser 11
241241 for the product. A recall of the product shall include safe transport and storage and documentation 12
242242 of the amount and storage location of the PFAS-containing firefighting foam, until the department 13
243243 formally identifies a safe disposal technology. The manufacturer shall provide this documentation 14
244244 to the attorney general, or city or town solicitor upon request. 15
245245 (i) The department may request a certificate of compliance from a manufacturer of class B 16
246246 firefighting foam, or firefighting personal protective equipment sold in this state. A certificate of 17
247247 compliance attests that a manufacturer’s product or products meets the requirements of this chapter. 18
248248 If the department requests such a certificate, the manufacturer shall provide the certificate within 19
249249 thirty (30) calendar days after the request is made. 20
250250 (j) The department shall assist state agencies, fire protection districts, and other local 21
251251 governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals 22
252252 have been intentionally added. 23
253253 (k) A manufacturer of class B firefighting foam in violation of this chapter is subject to a 24
254254 civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first 25
255255 offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil 26
256256 penalty not to exceed ten thousand dollars ($10,000) for each repeat offense. 27
257257 (l)(1) Beginning January 1, 2025, a manufacturer or other person that sells firefighting 28
258258 personal protective equipment to any person, local government, or state agency must provide 29
259259 written notice to the purchaser at the time of sale if the firefighting personal protective equipment 30
260260 contains any PFAS. The written notice must include a statement that the firefighting personal 31
261261 protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the 32
262262 equipment. 33
263263 (2) Beginning January 1, 2027, a manufacturer or other person that sells firefighting 34
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267267 personal protective equipment to any person, local government, or state agency shall not 1
268268 manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in the state any 2
269269 firefighting personal protective equipment containing intentionally-added PFAS. 3
270270 (m) The department shall assist state agencies, fire protection districts, and other local 4
271271 governments to give priority and preference to the purchase of firefighting personal protective 5
272272 equipment that does not contain PFAS. 6
273273 (n) The manufacturer or person selling firefighting personal protective equipment and the 7
274274 purchaser of the equipment must retain the notice on file for at least three (3) years from the date 8
275275 of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must 9
276276 furnish the notice, or written copies, and associated sales documentation to the department within 10
277277 sixty (60) days. 11
278278 SECTION 2. This act shall take effect upon passage. 12
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285285 EXPLANATION
286286 BY THE LEGISLATIVE COUNCIL
287287 OF
288288 A N A C T
289289 RELATING TO HEALTH AND SAFETY -- CONSUMER PFAS BAN ACT OF 2024
290290 ***
291291 This act would prohibit a manufacturer or other person that sells firefighting personal 1
292292 protective equipment to a person, local government or state agency from manufacturing, knowingly 2
293293 selling, offering for sale, distributing for sale or distributing for use in the state any firefighting 3
294294 personal protective equipment containing intentionally-added PFAS as of January 1, 2027. 4
295295 This act would take effect upon passage. 5
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