Bill Text: NY S08575 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to reducing the use of PFAS chemicals in firefighting activities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-05-10 - REFERRED TO FINANCE [S08575 Detail]
Download: New_York-2017-S08575-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8575 IN SENATE May 10, 2018 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to reducing the use of PFAS chemicals in firefighting activities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 159-b 2 to read as follows: 3 § 159-b. Restrictions on the use of firefighting equipment containing 4 PFAS chemicals. 1. As used in this section, unless the context clearly 5 requires otherwise: 6 (a) "Chemical plant" means a large integrated plant or that portion of 7 such a plant other than a refinery or distillery where flammable liquids 8 are produced by chemical reactions or used in chemical reactions. 9 (b) "Class B firefighting foam" means foams designed to extinguish 10 flammable liquid fires. 11 (c) "Firefighting personal protective equipment" means any clothing 12 designed, intended, or marketed to be worn by firefighting personnel in 13 the performance of their duties, designed with the intent for the use in 14 firefighting and rescue activities, including jackets, pants, shoes, 15 gloves, helmets, and respiratory equipment. 16 (d) "Local governments" includes any county, city, town, fire 17 district, regional fire protection authority, or other special purpose 18 district that provides firefighting services. 19 (e) "Manufacturer" includes any person, firm, association, partner- 20 ship, corporation, organization, joint venture, importer or domestic 21 distributor of firefighting agents or firefighting equipment. 22 (f) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemi- 23 cals" means, for the purposes of firefighting agents and firefighting 24 equipment, a class of fluorinated organic chemicals containing at least 25 one fully fluorinated carbon atom. 26 (g) "Person" means any individual, partnership, association, public or 27 private corporation, limited liability company or any other type of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15627-02-8S. 8575 2 1 legal or commercial entity, including their members, managers, partners, 2 directors, or officers. 3 (h) "Terminal" means a fuel storage and distribution facility that has 4 been assigned a terminal control number by the internal revenue service. 5 2. No person, local government, or state agency may discharge or 6 otherwise use for training purposes class B firefighting foam that 7 contains intentionally added perfluoroalkyl and polyfluoroalkyl 8 substances (PFAS chemicals). 9 3. (a) Commencing two years after the effective date of this section, 10 no manufacturer of class B firefighting foam may manufacture, knowingly 11 sell, offer for sale, distribute for sale, or distribute for use in this 12 state class B firefighting foam to which perfluoroalkyl and polyfluoro- 13 alkyl substances (PFAS chemicals) have been intentionally added except 14 as provided in paragraph (b) of this subdivision. 15 (b) The restrictions in paragraph (a) of this subdivision shall not 16 apply to the manufacture, sale, or distribution of class B firefighting 17 foam: 18 (1) to a person for use at a terminal operated by the person or an oil 19 refinery operated by the person; 20 (2) to a person for use at a chemical plant operated by the person; or 21 (3) where the inclusion of PFAS chemicals are required by federal law, 22 including but not limited to the requirements of 1421 C.F.R. 139.317, as 23 that section exists as of the effective date of this section. In the 24 event that applicable federal regulations change after the effective 25 date of this section to allow the use of alternative firefighting agents 26 that do not contain PFAS chemicals, the office of fire prevention and 27 control may adopt rules that restrict PFAS chemicals for the manufac- 28 ture, sale, and distribution of firefighting foam for uses that are 29 addressed by the federal regulation. 30 (c) (1) A manufacturer of class B firefighting foam restricted under 31 this subdivision shall notify, in writing, persons that sell the 32 manufacturer's products in this state about the provisions of this 33 section no less than one year prior to the implementation date of the 34 restrictions set forth in this subdivision. 35 (2) A manufacturer that produces, sells, or distributes a class B 36 firefighting foam prohibited under this subdivision shall recall the 37 product prior to the implementation date of the restrictions set forth 38 in this subdivision and reimburse the retailer or any other purchaser 39 for the product. 40 4. (a) A manufacturer or other person that sells firefighting personal 41 protective equipment to any person, local government, or state agency 42 must provide written notice to the purchaser at the time of sale if the 43 firefighting personal protective equipment contains PFAS chemicals. The 44 written notice must include a statement that the firefighting personal 45 protective equipment contains PFAS chemicals and the reason PFAS chemi- 46 cals are added to the equipment. 47 (b) The manufacturer or person selling firefighting personal protec- 48 tive equipment and the purchaser of the equipment must retain the notice 49 on file for at least three years from the date of the transaction. Upon 50 the request of the office of fire prevention and control, a person, 51 manufacturer, or purchaser must furnish the notice, or written copies, 52 and associated sales documentation to the office of fire prevention and 53 control within sixty days. 54 5. The office of fire prevention and control may request a certificate 55 of compliance from a manufacturer of class B firefighting foam or fire-S. 8575 3 1 fighting personal protective equipment attesting to the manufacturer's 2 compliance with the provisions of this section. 3 6. The office of fire prevention and control shall promulgate regu- 4 lations to provide guidance to state agencies, fire protection districts 5 and local governments in avoiding the purchase or use of class B fire- 6 fighting foams to which PFAS chemicals have been intentionally added and 7 to give priority and preference to the purchase of firefighting personal 8 protective equipment that does not contain PFAS chemicals. 9 7. Any manufacturer or person in violation of the provisions of this 10 section shall be subject to a civil penalty not to exceed five thousand 11 dollars for each violation in the case of a first offense. Manufactur- 12 ers, local governments, or persons that are repeat violators of the 13 provisions of this section shall be subject to a civil penalty not to 14 exceed ten thousand dollars for each repeat offense. Penalties collected 15 under this section shall be deposited in the hazardous waste remedial 16 fund created by section ninety-seven-b of the state finance law. 17 § 2. This act shall take effect on the ninetieth day after it shall 18 have become a law. Effective immediately, the addition, amendment 19 and/or repeal of any rule or regulation necessary for the implementation 20 of this act on its effective date are authorized and directed to be made 21 and completed on or before such effective date.
