Texas 2021 - 87th Regular

Texas Senate Bill SB2073 Compare Versions

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

Old	New	Differences
1	1	87R11173 JG-D
2	2	By: Menéndez S.B. No. 2073
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain hazardous substances used in
8	8	firefighting products; providing civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 6, Health and Safety Code, is
11	11	amended by adding Chapter 501A to read as follows:
12	12	CHAPTER 501A. REGULATION OF CERTAIN HAZARDOUS SUBSTANCES USED IN
13	13	FIREFIGHTING PRODUCTS
14	14	Sec. 501A.001. DEFINITIONS. In this chapter:
15	15	(1) "Department" means the Department of State Health
16	16	Services.
17	17	(2) "Perfluoroalkyl and polyfluoroalkyl chemicals"
18	18	means a class of fluorinated organic chemicals containing at least
19	19	one fully fluorinated carbon atom.
20	20	Sec. 501A.002. DISCHARGE OR USE OF CERTAIN FIREFIGHTING
21	21	FOAMS PROHIBITED. A person may not discharge or otherwise use a
22	22	firefighting foam designed to extinguish flammable liquid fires
23	23	that contains intentionally added perfluoroalkyl and
24	24	polyfluoroalkyl chemicals, including the discharge or use of a
25	25	firefighting foam described by this section during or for the
26	26	training of firefighters.
27	27	Sec. 501A.003. MANUFACTURE, SALE, AND DISTRIBUTION OF
28	28	CERTAIN FIREFIGHTING FOAMS PROHIBITED. Unless otherwise required
29	29	by federal law, a manufacturer of firefighting foams may not
30	30	manufacture, knowingly sell, offer for sale, distribute for sale,
31	31	or distribute for use in this state a firefighting foam designed to
32	32	extinguish flammable liquid fires that contains intentionally
33	33	added perfluoroalkyl and polyfluoroalkyl chemicals.
34	34	Sec. 501A.0035. RECALL OF CERTAIN FIREFIGHTING FOAMS. (a)
35	35	Not later than March 1, 2023, a manufacturer of a firefighting foam
36	36	described by Section 501A.003 shall provide to each person who
37	37	sells the firefighting foam in this state written notice of the
38	38	prohibition described by that section.
39	39	(b) Not later than March 1, 2024, a manufacturer of a
40	40	firefighting foam described by Section 501A.003 shall recall the
41	41	firefighting foam sold or distributed throughout this state and
42	42	provide reimbursement to each retailer or other person subject to
43	43	the recall. In recalling a firefighting foam under this subsection,
44	44	the manufacturer shall:
45	45	(1) ensure the safe transport and storage of the
46	46	firefighting foam; and
47	47	(2) maintain documentation on the locations at which
48	48	the manufacturer stores recalled firefighting foam and the total
49	49	amount stored at each location.
50	50	(c) A manufacturer shall store recalled firefighting foam
51	51	in accordance with Subsection (b)(1), at the cost of the
52	52	manufacturer, for the time as necessary for the department to
53	53	determine a safe method for disposal of the firefighting foam.
54	54	(d) On request of the attorney general or a district
55	55	attorney, a manufacturer shall provide to the attorney general or
56	56	district attorney the documentation maintained by the manufacturer
57	57	under Subsection (b)(2).
58	58	(e) This section expires September 1, 2027.
59	59	Sec. 501A.004. NOTICE REQUIREMENTS FOR SALE OF CERTAIN
60	60	PERSONAL PROTECTIVE EQUIPMENT. (a) A manufacturer or other person
61	61	who sells to a person in this state firefighting personal
62	62	protective equipment that contains perfluoroalkyl and
63	63	polyfluoroalkyl chemicals shall provide to the person, at the time
64	64	of the sale, written notice that:
65	65	(1) includes a statement warning the equipment
66	66	contains perfluoroalkyl and polyfluoroalkyl chemicals; and
67	67	(2) lists the reasons the perfluoroalkyl and
68	68	polyfluoroalkyl chemicals were added to the equipment.
69	69	(b) A manufacturer or other person who sells firefighting
70	70	personal protective equipment that contains perfluoroalkyl and
71	71	polyfluoroalkyl chemicals shall maintain copies of each written
72	72	notice provided by the manufacturer or person under Subsection (a)
73	73	until at least the third anniversary of the date the equipment was
74	74	sold. The manufacturer or other person shall provide to the
75	75	department on request not later than the 60th day after the date the
76	76	request is received a copy of the written notice and any associated
77	77	sales records.
78	78	Sec. 501A.005. VERIFICATION OF COMPLIANCE. Not later than
79	79	the 30th day after the date a manufacturer of firefighting foams or
80	80	firefighting personal protective equipment receives a request from
81	81	the department, the manufacturer shall prepare and submit to the
82	82	department, in the form and manner prescribed by the department, a
83	83	written verification of the manufacturer's compliance with this
84	84	chapter.
85	85	Sec. 501A.006. ASSISTANCE IN PURCHASE OF FIREFIGHTING
86	86	PRODUCTS. The department shall develop and implement a process to
87	87	provide purchasing assistance to governmental entities to ensure
88	88	the entities:
89	89	(1) avoid purchasing firefighting foam designed to
90	90	extinguish flammable liquid fires that contains intentionally
91	91	added perfluoroalkyl and polyfluoroalkyl chemicals; and
92	92	(2) are encouraged to purchase firefighting personal
93	93	protective equipment that does not contain perfluoroalkyl and
94	94	polyfluoroalkyl chemicals.
95	95	Sec. 501A.007. CIVIL PENALTY. (a) A manufacturer or other
96	96	person who violates this chapter is subject to a civil penalty in an
97	97	amount of:
98	98	(1) for a first violation, $5,000; and
99	99	(2) for a second and each subsequent violation,
100	100	$10,000.
101	101	(b) Each day a violation occurs or continues to occur is a
102	102	separate violation for purposes of assessing a penalty under this
103	103	section.
104	104	(c) On request of the department, the attorney general may
105	105	bring an action in a district court to collect a civil penalty under
106	106	this section. The attorney general and the department may recover
107	107	reasonable expenses incurred in obtaining relief under this
108	108	section, including court costs, attorney's fees, investigation
109	109	costs, witness fees, and deposition expenses.
110	110	(d) A civil penalty collected under this section shall be
111	111	deposited to the credit of the clean air account in the general
112	112	revenue fund.
113	113	SECTION 2. (a) Notwithstanding 501A.002, Health and Safety
114	114	Code, as added by this Act, a person who uses a firefighting foam
115	115	designed to extinguish flammable liquid fires that contains
116	116	intentionally added perfluoroalkyl and polyfluoroalkyl chemicals
117	117	during or for the training of firefighters is not required to comply
118	118	with that section until January 1, 2022.
119	119	(b) Notwithstanding Section 501A.003, Health and Safety
120	120	Code, as added by this Act, a manufacturer of a firefighting foam
121	121	designed to extinguish flammable liquid fires that contains
122	122	intentionally added perfluoroalkyl and polyfluoroalkyl chemicals
123	123	is not required to comply with that section until January 1, 2022.
124	124	(c) Notwithstanding Section 501A.004, Health and Safety
125	125	Code, as added by this Act, a manufacturer or other person who sells
126	126	firefighting personal protective equipment is not required to
127	127	comply with that section until January 1, 2022.
128	128	SECTION 3. This Act takes effect September 1, 2021.