By: Johnson S.B. No. 1898
A BILL TO BE ENTITLED
AN ACT
relating to the discharge or use of certain firefighting foams for
testing or training.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Health and Safety
Code, is amended by adding Section 501.027 to read as follows:
Sec. 501.027. DISCHARGE OR USE OF CERTAIN FIREFIGHTING
FOAMS PROHIBITED FOR TESTING OR TRAINING. (a) In this section:
(1) "Fixed foam system" means a complete installation
engineered for flammable liquid fire hazards that discharges
through a fixed discharge device foam piped from a central foam
station onto a flammable liquid fire hazard. The installation must
have permanently installed foam proportioning components and may
contain multiple listed components and foam.
(2) "Perfluoroalkyl and polyfluoroalkyl chemicals"
means non-polymeric perfluoroalkyl substances, saturated
polyfluoroalkyl substances, and side-chain fluorinated polymers
that contain at least two fully fluorinated sequential carbon
atoms. The term does not include gases or substances that become
gases in use that are otherwise regulated by state or federal laws,
rules, or regulations, or by international protocols.
(3) "Testing facility" means a facility, including a
facility used for firefighter training, that allows for the
discharge of firefighting foam in a nonemergency situation for the
evaluation and calibration of firefighting equipment and foam.
(b) A person may not discharge a Class B firefighting foam
designed to extinguish flammable liquid fires that contains
intentionally added perfluoroalkyl and polyfluoroalkyl chemicals:
(1) during or for the training of firefighters; or
(2) during or for testing, including calibration
testing, conformance testing, or fixed foam system testing, unless
the discharge or use:
(A) is otherwise:
(i) required by law or a rule or order of
the applicable state agency or political subdivision; or
(ii) necessary to meet applicable National
Fire Protection Association standards; and
(B) 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) A person shall use a non-fluorinated firefighting
training foam or other non-fluorinated surrogate during or for the
training of firefighters. Training that uses a non-fluorinated
firefighting training foam or other non-fluorinated surrogate
under this subsection must be conducted in a manner that ensures
collection of the used foam or surrogate, regardless of the foam or
surrogate type.
(d) This section does not prohibit or restrict:
(1) the manufacture, sale, or distribution of
firefighting foam that contains intentionally added perfluoroalkyl
and polyfluoroalkyl chemicals; or
(2) the discharge or use of firefighting foam that
contains intentionally added perfluoroalkyl and polyfluoroalkyl
chemicals during emergency firefighting operations.
SECTION 2. This Act takes effect September 1, 2025.