BILL ANALYSIS Senate Research Center S.B. 1898 89R11681 LRM-D By: Johnson Water, Agriculture and Rural Affairs 4/8/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Per- and poly-fluoroalkyl substances (PFAS) are a class of synthetic chemicals that do not naturally break down, thus giving them the name "forever chemicals." PFAS chemicals have been used in firefighting since the 1970s because of their unique properties. However, during the training of firefighters and other military operations the foam is left undisposed of and slowly seeps into the surrounding environment and eventually ground water. Recent studies by the CDC have indicated that higher concentrations of PFAS are a risk to not only the environment but also human health. According to a study by the International Association of Firefighters, 72 percent of firefighter deaths were due to occupational cancer. S.B. 1898 would reduce firefighters' exposure to cancer-causing chemicals. With high levels of training and testing of firefighting foams comes a great level of hazardous material left behind. S.B. 1898 would eliminate the use of PFAS firefighting foams except in the case of emergencies. This allows for a much smaller exposure of PFAS in the environment and greatly reduces the exposure associated. This solution would be the first step towards combatting PFAS in the water supply as firefighting foams are the largest source of contamination and would greatly reduce the exposure of PFAS to firefighters as well. Key Provisions: -S.B. 1898 would eliminate the use of PFAS firefighting foams in instances of testing and training unless it is in a controlled space where it can be properly disposed of. -S.B. 1898 would maintain the use of PFAS firefighting foams for emergency situations. As proposed, S.B. 1898 amends current law relating to the discharge or use of certain firefighting foams for testing or training. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 501, Health and Safety Code, by adding Section 501.027, as follows: Sec. 501.027. DISCHARGE OR USE OF CERTAIN FIREFIGHTING FOAMS PROHIBITED FOR TESTING OR TRAINING. (a) Defines "fixed foam system," "perfluoroalkyl and polyfluoroalkyl chemicals," and "testing facility." (b) Prohibits a person from discharging a Class B firefighting foam designed to extinguish flammable liquid fires that contains intentionally added perfluoroalkyl and polyfluoroalkyl chemicals during or for the training of firefighters or during or for testing, including calibration testing, conformance testing, or fixed foam system testing, unless the discharge or use is otherwise required by law or a rule or order of the applicable state agency or political subdivision and occurs in a testing facility that has implemented appropriate containment, treatment, and disposal measures to prevent the release of the foam into the environment. (c) Requires a person to use a non-fluorinated firefighting training foam or other non-fluorinated surrogate during or for the training of firefighters. Requires that training that uses a non-fluorinated firefighting training foam or other non-fluorinated surrogate under this subsection be conducted in a manner that ensures collection of the used foam or surrogate, regardless of the foam or surrogate type. (d) Provides that this section does not prohibit or restrict the manufacture, sale, or distribution of firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl chemicals or the discharge or use of firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl chemicals during emergency firefighting operations. SECTION 2. Provides that, notwithstanding Section 501.027, 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 or testing is not required to comply with that section until January 1, 2027. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1898
89R11681 LRM-D By: Johnson
Water, Agriculture and Rural Affairs
4/8/2025
As Filed
Senate Research Center
S.B. 1898
89R11681 LRM-D
By: Johnson
Water, Agriculture and Rural Affairs
4/8/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Per- and poly-fluoroalkyl substances (PFAS) are a class of synthetic chemicals that do not naturally break down, thus giving them the name "forever chemicals." PFAS chemicals have been used in firefighting since the 1970s because of their unique properties. However, during the training of firefighters and other military operations the foam is left undisposed of and slowly seeps into the surrounding environment and eventually ground water. Recent studies by the CDC have indicated that higher concentrations of PFAS are a risk to not only the environment but also human health. According to a study by the International Association of Firefighters, 72 percent of firefighter deaths were due to occupational cancer. S.B. 1898 would reduce firefighters' exposure to cancer-causing chemicals.
With high levels of training and testing of firefighting foams comes a great level of hazardous material left behind. S.B. 1898 would eliminate the use of PFAS firefighting foams except in the case of emergencies. This allows for a much smaller exposure of PFAS in the environment and greatly reduces the exposure associated. This solution would be the first step towards combatting PFAS in the water supply as firefighting foams are the largest source of contamination and would greatly reduce the exposure of PFAS to firefighters as well.
Key Provisions:
-S.B. 1898 would eliminate the use of PFAS firefighting foams in instances of testing and training unless it is in a controlled space where it can be properly disposed of.
-S.B. 1898 would maintain the use of PFAS firefighting foams for emergency situations.
As proposed, S.B. 1898 amends current law relating to the discharge or use of certain firefighting foams for testing or training.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter B, Chapter 501, Health and Safety Code, by adding Section 501.027, as follows:
Sec. 501.027. DISCHARGE OR USE OF CERTAIN FIREFIGHTING FOAMS PROHIBITED FOR TESTING OR TRAINING. (a) Defines "fixed foam system," "perfluoroalkyl and polyfluoroalkyl chemicals," and "testing facility."
(b) Prohibits a person from discharging a Class B firefighting foam designed to extinguish flammable liquid fires that contains intentionally added perfluoroalkyl and polyfluoroalkyl chemicals during or for the training of firefighters or during or for testing, including calibration testing, conformance testing, or fixed foam system testing, unless the discharge or use is otherwise required by law or a rule or order of the applicable state agency or political subdivision and occurs in a testing facility that has implemented appropriate containment, treatment, and disposal measures to prevent the release of the foam into the environment.
(c) Requires a person to use a non-fluorinated firefighting training foam or other non-fluorinated surrogate during or for the training of firefighters. Requires that training that uses a non-fluorinated firefighting training foam or other non-fluorinated surrogate under this subsection be conducted in a manner that ensures collection of the used foam or surrogate, regardless of the foam or surrogate type.
(d) Provides that this section does not prohibit or restrict the manufacture, sale, or distribution of firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl chemicals or the discharge or use of firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl chemicals during emergency firefighting operations.
SECTION 2. Provides that, notwithstanding Section 501.027, 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 or testing is not required to comply with that section until January 1, 2027.
SECTION 3. Effective date: September 1, 2025.