Texas 2025 - 89th Regular

Texas Senate Bill SB1898 Compare Versions

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1+89R11681 LRM-D
12 By: Johnson S.B. No. 1898
2- (In the Senate - Filed March 4, 2025; March 17, 2025, read
3- first time and referred to Committee on Water, Agriculture and
4- Rural Affairs; April 15, 2025, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 7, Nays 0;
6- April 15, 2025, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1898 By: Hancock
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137 A BILL TO BE ENTITLED
148 AN ACT
159 relating to the discharge or use of certain firefighting foams for
1610 testing or training.
1711 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1812 SECTION 1. Subchapter B, Chapter 501, Health and Safety
1913 Code, is amended by adding Section 501.027 to read as follows:
2014 Sec. 501.027. DISCHARGE OR USE OF CERTAIN FIREFIGHTING
2115 FOAMS PROHIBITED FOR TESTING OR TRAINING. (a) In this section:
2216 (1) "Fixed foam system" means a complete installation
2317 engineered for flammable liquid fire hazards that discharges
2418 through a fixed discharge device foam piped from a central foam
2519 station onto a flammable liquid fire hazard. The installation must
2620 have permanently installed foam proportioning components and may
2721 contain multiple listed components and foam.
2822 (2) "Perfluoroalkyl and polyfluoroalkyl chemicals"
29- means non-polymeric perfluoroalkyl substances, saturated
30- polyfluoroalkyl substances, and side-chain fluorinated polymers
31- that contain at least two fully fluorinated sequential carbon
32- atoms. The term does not include gases or substances that become
33- gases in use that are otherwise regulated by state or federal laws,
34- rules, or regulations, or by international protocols.
23+ means a class of fluorinated organic chemicals containing at least
24+ one fully fluorinated carbon atom and designed to be fully
25+ functional in a Class B firefighting foam used to extinguish
26+ flammable liquid fire.
3527 (3) "Testing facility" means a facility, including a
3628 facility used for firefighter training, that allows for the
3729 discharge of firefighting foam in a nonemergency situation for the
3830 evaluation and calibration of firefighting equipment and foam.
3931 (b) A person may not discharge a Class B firefighting foam
4032 designed to extinguish flammable liquid fires that contains
4133 intentionally added perfluoroalkyl and polyfluoroalkyl chemicals:
4234 (1) during or for the training of firefighters; or
4335 (2) during or for testing, including calibration
4436 testing, conformance testing, or fixed foam system testing, unless
4537 the discharge or use:
46- (A) is otherwise:
47- (i) required by law or a rule or order of
48- the applicable state agency or political subdivision; or
49- (ii) necessary to meet applicable National
50- Fire Protection Association standards; and
38+ (A) is otherwise required by law or a rule or
39+ order of the applicable state agency or political subdivision; and
5140 (B) occurs in a testing facility that has
5241 implemented appropriate containment, treatment, and disposal
5342 measures to prevent the release of the foam into the environment.
5443 (c) A person shall use a non-fluorinated firefighting
5544 training foam or other non-fluorinated surrogate during or for the
5645 training of firefighters. Training that uses a non-fluorinated
5746 firefighting training foam or other non-fluorinated surrogate
5847 under this subsection must be conducted in a manner that ensures
5948 collection of the used foam or surrogate, regardless of the foam or
6049 surrogate type.
6150 (d) This section does not prohibit or restrict:
6251 (1) the manufacture, sale, or distribution of
6352 firefighting foam that contains intentionally added perfluoroalkyl
6453 and polyfluoroalkyl chemicals; or
6554 (2) the discharge or use of firefighting foam that
6655 contains intentionally added perfluoroalkyl and polyfluoroalkyl
6756 chemicals during emergency firefighting operations.
68- SECTION 2. This Act takes effect September 1, 2025.
69- * * * * *
57+ SECTION 2. Notwithstanding Section 501.027, Health and
58+ Safety Code, as added by this Act, a person who uses a firefighting
59+ foam designed to extinguish flammable liquid fires that contains
60+ intentionally added perfluoroalkyl and polyfluoroalkyl chemicals
61+ during or for the training of firefighters or testing is not
62+ required to comply with that section until January 1, 2027.
63+ SECTION 3. This Act takes effect September 1, 2025.