87R11173 JG-D
By: Menéndez S.B. No. 2073
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain hazardous substances used in
firefighting products; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 6, Health and Safety Code, is
amended by adding Chapter 501A to read as follows:
CHAPTER 501A. REGULATION OF CERTAIN HAZARDOUS SUBSTANCES USED IN
FIREFIGHTING PRODUCTS
Sec. 501A.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "Perfluoroalkyl and polyfluoroalkyl chemicals"
means a class of fluorinated organic chemicals containing at least
one fully fluorinated carbon atom.
Sec. 501A.002. DISCHARGE OR USE OF CERTAIN FIREFIGHTING
FOAMS PROHIBITED. A person may not discharge or otherwise use a
firefighting foam designed to extinguish flammable liquid fires
that contains intentionally added perfluoroalkyl and
polyfluoroalkyl chemicals, including the discharge or use of a
firefighting foam described by this section during or for the
training of firefighters.
Sec. 501A.003. MANUFACTURE, SALE, AND DISTRIBUTION OF
CERTAIN FIREFIGHTING FOAMS PROHIBITED. Unless otherwise required
by federal law, a manufacturer of firefighting foams may not
manufacture, knowingly sell, offer for sale, distribute for sale,
or distribute for use in this state a firefighting foam designed to
extinguish flammable liquid fires that contains intentionally
added perfluoroalkyl and polyfluoroalkyl chemicals.
Sec. 501A.0035. RECALL OF CERTAIN FIREFIGHTING FOAMS. (a)
Not later than March 1, 2023, a manufacturer of a firefighting foam
described by Section 501A.003 shall provide to each person who
sells the firefighting foam in this state written notice of the
prohibition described by that section.
(b) Not later than March 1, 2024, a manufacturer of a
firefighting foam described by Section 501A.003 shall recall the
firefighting foam sold or distributed throughout this state and
provide reimbursement to each retailer or other person subject to
the recall. In recalling a firefighting foam under this subsection,
the manufacturer shall:
(1) ensure the safe transport and storage of the
firefighting foam; and
(2) maintain documentation on the locations at which
the manufacturer stores recalled firefighting foam and the total
amount stored at each location.
(c) A manufacturer shall store recalled firefighting foam
in accordance with Subsection (b)(1), at the cost of the
manufacturer, for the time as necessary for the department to
determine a safe method for disposal of the firefighting foam.
(d) On request of the attorney general or a district
attorney, a manufacturer shall provide to the attorney general or
district attorney the documentation maintained by the manufacturer
under Subsection (b)(2).
(e) This section expires September 1, 2027.
Sec. 501A.004. NOTICE REQUIREMENTS FOR SALE OF CERTAIN
PERSONAL PROTECTIVE EQUIPMENT. (a) A manufacturer or other person
who sells to a person in this state firefighting personal
protective equipment that contains perfluoroalkyl and
polyfluoroalkyl chemicals shall provide to the person, at the time
of the sale, written notice that:
(1) includes a statement warning the equipment
contains perfluoroalkyl and polyfluoroalkyl chemicals; and
(2) lists the reasons the perfluoroalkyl and
polyfluoroalkyl chemicals were added to the equipment.
(b) A manufacturer or other person who sells firefighting
personal protective equipment that contains perfluoroalkyl and
polyfluoroalkyl chemicals shall maintain copies of each written
notice provided by the manufacturer or person under Subsection (a)
until at least the third anniversary of the date the equipment was
sold. The manufacturer or other person shall provide to the
department on request not later than the 60th day after the date the
request is received a copy of the written notice and any associated
sales records.
Sec. 501A.005. VERIFICATION OF COMPLIANCE. Not later than
the 30th day after the date a manufacturer of firefighting foams or
firefighting personal protective equipment receives a request from
the department, the manufacturer shall prepare and submit to the
department, in the form and manner prescribed by the department, a
written verification of the manufacturer's compliance with this
chapter.
Sec. 501A.006. ASSISTANCE IN PURCHASE OF FIREFIGHTING
PRODUCTS. The department shall develop and implement a process to
provide purchasing assistance to governmental entities to ensure
the entities:
(1) avoid purchasing firefighting foam designed to
extinguish flammable liquid fires that contains intentionally
added perfluoroalkyl and polyfluoroalkyl chemicals; and
(2) are encouraged to purchase firefighting personal
protective equipment that does not contain perfluoroalkyl and
polyfluoroalkyl chemicals.
Sec. 501A.007. CIVIL PENALTY. (a) A manufacturer or other
person who violates this chapter is subject to a civil penalty in an
amount of:
(1) for a first violation, $5,000; and
(2) for a second and each subsequent violation,
$10,000.
(b) Each day a violation occurs or continues to occur is a
separate violation for purposes of assessing a penalty under this
section.
(c) On request of the department, the attorney general may
bring an action in a district court to collect a civil penalty under
this section. The attorney general and the department may recover
reasonable expenses incurred in obtaining relief under this
section, including court costs, attorney's fees, investigation
costs, witness fees, and deposition expenses.
(d) A civil penalty collected under this section shall be
deposited to the credit of the clean air account in the general
revenue fund.
SECTION 2. (a) Notwithstanding 501A.002, Health and Safety
Code, as added by this Act, a person who uses a firefighting foam
designed to extinguish flammable liquid fires that contains
intentionally added perfluoroalkyl and polyfluoroalkyl chemicals
during or for the training of firefighters is not required to comply
with that section until January 1, 2022.
(b) Notwithstanding Section 501A.003, Health and Safety
Code, as added by this Act, a manufacturer of a firefighting foam
designed to extinguish flammable liquid fires that contains
intentionally added perfluoroalkyl and polyfluoroalkyl chemicals
is not required to comply with that section until January 1, 2022.
(c) Notwithstanding Section 501A.004, Health and Safety
Code, as added by this Act, a manufacturer or other person who sells
firefighting personal protective equipment is not required to
comply with that section until January 1, 2022.
SECTION 3. This Act takes effect September 1, 2021.