2 | | - | (In the Senate - Filed March 4, 2025; March 17, 2025, read |
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3 | | - | first time and referred to Committee on Water, Agriculture and |
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4 | | - | Rural Affairs; April 15, 2025, reported adversely, with favorable |
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5 | | - | Committee Substitute by the following vote: Yeas 7, Nays 0; |
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6 | | - | April 15, 2025, sent to printer.) |
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7 | | - | Click here to see the committee vote |
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8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1898 By: Hancock |
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9 | 3 | | |
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10 | 4 | | |
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11 | 5 | | |
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12 | 6 | | |
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13 | 7 | | A BILL TO BE ENTITLED |
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14 | 8 | | AN ACT |
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15 | 9 | | relating to the discharge or use of certain firefighting foams for |
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16 | 10 | | testing or training. |
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17 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 12 | | SECTION 1. Subchapter B, Chapter 501, Health and Safety |
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19 | 13 | | Code, is amended by adding Section 501.027 to read as follows: |
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20 | 14 | | Sec. 501.027. DISCHARGE OR USE OF CERTAIN FIREFIGHTING |
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21 | 15 | | FOAMS PROHIBITED FOR TESTING OR TRAINING. (a) In this section: |
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22 | 16 | | (1) "Fixed foam system" means a complete installation |
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23 | 17 | | engineered for flammable liquid fire hazards that discharges |
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24 | 18 | | through a fixed discharge device foam piped from a central foam |
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25 | 19 | | station onto a flammable liquid fire hazard. The installation must |
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26 | 20 | | have permanently installed foam proportioning components and may |
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27 | 21 | | contain multiple listed components and foam. |
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28 | 22 | | (2) "Perfluoroalkyl and polyfluoroalkyl chemicals" |
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29 | | - | means non-polymeric perfluoroalkyl substances, saturated |
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30 | | - | polyfluoroalkyl substances, and side-chain fluorinated polymers |
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31 | | - | that contain at least two fully fluorinated sequential carbon |
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32 | | - | atoms. The term does not include gases or substances that become |
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33 | | - | gases in use that are otherwise regulated by state or federal laws, |
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34 | | - | rules, or regulations, or by international protocols. |
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| 23 | + | means a class of fluorinated organic chemicals containing at least |
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| 24 | + | one fully fluorinated carbon atom and designed to be fully |
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| 25 | + | functional in a Class B firefighting foam used to extinguish |
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| 26 | + | flammable liquid fire. |
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35 | 27 | | (3) "Testing facility" means a facility, including a |
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36 | 28 | | facility used for firefighter training, that allows for the |
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37 | 29 | | discharge of firefighting foam in a nonemergency situation for the |
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38 | 30 | | evaluation and calibration of firefighting equipment and foam. |
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39 | 31 | | (b) A person may not discharge a Class B firefighting foam |
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40 | 32 | | designed to extinguish flammable liquid fires that contains |
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41 | 33 | | intentionally added perfluoroalkyl and polyfluoroalkyl chemicals: |
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42 | 34 | | (1) during or for the training of firefighters; or |
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43 | 35 | | (2) during or for testing, including calibration |
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44 | 36 | | testing, conformance testing, or fixed foam system testing, unless |
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45 | 37 | | the discharge or use: |
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51 | 40 | | (B) occurs in a testing facility that has |
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52 | 41 | | implemented appropriate containment, treatment, and disposal |
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53 | 42 | | measures to prevent the release of the foam into the environment. |
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54 | 43 | | (c) A person shall use a non-fluorinated firefighting |
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55 | 44 | | training foam or other non-fluorinated surrogate during or for the |
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56 | 45 | | training of firefighters. Training that uses a non-fluorinated |
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57 | 46 | | firefighting training foam or other non-fluorinated surrogate |
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58 | 47 | | under this subsection must be conducted in a manner that ensures |
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59 | 48 | | collection of the used foam or surrogate, regardless of the foam or |
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60 | 49 | | surrogate type. |
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61 | 50 | | (d) This section does not prohibit or restrict: |
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62 | 51 | | (1) the manufacture, sale, or distribution of |
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63 | 52 | | firefighting foam that contains intentionally added perfluoroalkyl |
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64 | 53 | | and polyfluoroalkyl chemicals; or |
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65 | 54 | | (2) the discharge or use of firefighting foam that |
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66 | 55 | | contains intentionally added perfluoroalkyl and polyfluoroalkyl |
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67 | 56 | | chemicals during emergency firefighting operations. |
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68 | | - | SECTION 2. This Act takes effect September 1, 2025. |
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69 | | - | * * * * * |
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| 57 | + | SECTION 2. Notwithstanding Section 501.027, Health and |
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| 58 | + | Safety Code, as added by this Act, a person who uses a firefighting |
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| 59 | + | foam designed to extinguish flammable liquid fires that contains |
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| 60 | + | intentionally added perfluoroalkyl and polyfluoroalkyl chemicals |
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| 61 | + | during or for the training of firefighters or testing is not |
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| 62 | + | required to comply with that section until January 1, 2027. |
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| 63 | + | SECTION 3. This Act takes effect September 1, 2025. |
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