S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  439--A
     Cal. No. 594
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, HARCK-
   HAM, KAVANAGH, MAYER, METZGER,  SERRANO,  SKOUFIS,  STAVISKY  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on  Finance  --  reported  favorably  from  said  committee,
   ordered to first and second report, ordered to a third reading, passed
   by  Senate and delivered to the Assembly, recalled, vote reconsidered,
   restored to third reading, amended and  ordered  reprinted,  retaining
   its place in the order of third reading
 
 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:
 
   Section  1. The executive law is amended by adding a new section 159-b
 to read as follows:
   § 159-B. RESTRICTIONS ON THE USE OF FIREFIGHTING EQUIPMENT  CONTAINING
 PFAS  CHEMICALS.  1. AS USED IN THIS SECTION, UNLESS THE CONTEXT CLEARLY
 REQUIRES OTHERWISE:
   (A) "CHEMICAL PLANT" MEANS A LARGE INTEGRATED PLANT OR THAT PORTION OF
 SUCH A PLANT OTHER THAN A REFINERY OR DISTILLERY WHERE FLAMMABLE LIQUIDS
 ARE PRODUCED BY CHEMICAL REACTIONS OR USED IN CHEMICAL REACTIONS.
   (B) "CLASS B FIREFIGHTING FOAM" MEANS  FOAMS  DESIGNED  TO  EXTINGUISH
 FLAMMABLE LIQUID FIRES.
   (C)  "FIREFIGHTING  PERSONAL  PROTECTIVE EQUIPMENT" MEANS ANY CLOTHING
 DESIGNED, INTENDED, OR MARKETED TO BE WORN BY FIREFIGHTING PERSONNEL  IN
 THE PERFORMANCE OF THEIR DUTIES, DESIGNED WITH THE INTENT FOR THE USE IN
 FIREFIGHTING  AND  RESCUE  ACTIVITIES,  INCLUDING JACKETS, PANTS, SHOES,
 GLOVES, HELMETS, AND RESPIRATORY EQUIPMENT.
   (D)  "LOCAL  GOVERNMENTS"  INCLUDES  ANY  COUNTY,  CITY,  TOWN,   FIRE
 DISTRICT,  REGIONAL  FIRE PROTECTION AUTHORITY, OR OTHER SPECIAL PURPOSE
 DISTRICT THAT PROVIDES FIREFIGHTING SERVICES.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03612-02-9

 S. 439--A                           2
 
   (E) "MANUFACTURER" INCLUDES ANY PERSON,  FIRM,  ASSOCIATION,  PARTNER-
 SHIP,  CORPORATION,  ORGANIZATION,  JOINT  VENTURE, IMPORTER OR DOMESTIC
 DISTRIBUTOR OF FIREFIGHTING AGENTS OR FIREFIGHTING EQUIPMENT.
   (F)  "PERFLUOROALKYL  AND  POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMI-
 CALS" MEANS, FOR THE PURPOSES OF FIREFIGHTING  AGENTS  AND  FIREFIGHTING
 EQUIPMENT,  A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST
 ONE FULLY FLUORINATED CARBON ATOM.
   (G) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, PUBLIC OR
 PRIVATE CORPORATION, LIMITED LIABILITY COMPANY  OR  ANY  OTHER  TYPE  OF
 LEGAL OR COMMERCIAL ENTITY, INCLUDING THEIR MEMBERS, MANAGERS, PARTNERS,
 DIRECTORS, OR OFFICERS.
   (H) "TERMINAL" MEANS A FUEL STORAGE AND DISTRIBUTION FACILITY THAT HAS
 BEEN ASSIGNED A TERMINAL CONTROL NUMBER BY THE INTERNAL REVENUE SERVICE.
   2.  NO  PERSON,  LOCAL  GOVERNMENT,  OR  STATE AGENCY MAY DISCHARGE OR
 OTHERWISE USE FOR TRAINING  PURPOSES  CLASS  B  FIREFIGHTING  FOAM  THAT
 CONTAINS   INTENTIONALLY   ADDED   PERFLUOROALKYL   AND  POLYFLUOROALKYL
 SUBSTANCES (PFAS CHEMICALS).
   3. (A) COMMENCING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,
 NO  MANUFACTURER OF CLASS B FIREFIGHTING FOAM MAY MANUFACTURE, KNOWINGLY
 SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THIS
 STATE CLASS B FIREFIGHTING FOAM TO WHICH PERFLUOROALKYL AND  POLYFLUORO-
 ALKYL  SUBSTANCES  (PFAS CHEMICALS) HAVE BEEN INTENTIONALLY ADDED EXCEPT
 AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE RESTRICTIONS IN PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO THE MANUFACTURE, SALE, OR DISTRIBUTION OF CLASS B FIREFIGHTING
 FOAM:
   (1) TO A PERSON FOR USE AT A TERMINAL OPERATED BY THE PERSON OR AN OIL
 REFINERY OPERATED BY THE PERSON;
   (2) TO A PERSON FOR USE AT A CHEMICAL PLANT OPERATED BY THE PERSON;
   (3) TO A FIRE DEPARTMENT, FOR A PERIOD NOT TO EXCEED FIVE YEARS  AFTER
 THE EFFECTIVE DATE OF THIS SECTION, FOR USE BY SUCH DEPARTMENT SOLELY IN
 EMERGENCY  SITUATIONS  FOR  THE  PURPOSE  OF  FIGHTING LARGE-SCALE FIRES
 CAUSED BY COMBUSTIBLE LIQUIDS WHICH OCCUR:
   (I) AT A TERMINAL, OIL REFINERY, CHEMICAL  PLANT,  OR  DEDICATED  FUEL
 STORAGE FACILITY; OR
   (II) DURING THE PROCESS OF TRANSPORTING SUCH LIQUIDS; OR
   (4) WHERE THE INCLUSION OF PFAS CHEMICALS ARE REQUIRED BY FEDERAL LAW,
 INCLUDING BUT NOT LIMITED TO THE REQUIREMENTS OF 1421 C.F.R. 139.317, AS
 THAT  SECTION  EXISTS  AS  OF THE EFFECTIVE DATE OF THIS SECTION. IN THE
 EVENT THAT APPLICABLE FEDERAL REGULATIONS  CHANGE  AFTER  THE  EFFECTIVE
 DATE OF THIS SECTION TO ALLOW THE USE OF ALTERNATIVE FIREFIGHTING AGENTS
 THAT  DO  NOT  CONTAIN PFAS CHEMICALS, THE OFFICE OF FIRE PREVENTION AND
 CONTROL MAY ADOPT RULES THAT RESTRICT PFAS CHEMICALS  FOR  THE  MANUFAC-
 TURE,  SALE,  AND  DISTRIBUTION  OF  FIREFIGHTING FOAM FOR USES THAT ARE
 ADDRESSED BY THE FEDERAL REGULATION.
   (C) (1) A MANUFACTURER OF CLASS B FIREFIGHTING FOAM  RESTRICTED  UNDER
 THIS  SUBDIVISION  SHALL  NOTIFY,  IN  WRITING,  PERSONS  THAT  SELL THE
 MANUFACTURER'S PRODUCTS IN THIS  STATE  ABOUT  THE  PROVISIONS  OF  THIS
 SECTION  NO  LESS  THAN ONE YEAR PRIOR TO THE IMPLEMENTATION DATE OF THE
 RESTRICTIONS SET FORTH IN THIS SUBDIVISION.
   (2) A MANUFACTURER THAT PRODUCES, SELLS,  OR  DISTRIBUTES  A  CLASS  B
 FIREFIGHTING  FOAM  PROHIBITED  UNDER  THIS SUBDIVISION SHALL RECALL THE
 PRODUCT PRIOR TO THE IMPLEMENTATION DATE OF THE RESTRICTIONS  SET  FORTH
 IN  THIS  SUBDIVISION  AND REIMBURSE THE RETAILER OR ANY OTHER PURCHASER
 FOR THE PRODUCT.

 S. 439--A                           3
 
   4. (A) A MANUFACTURER OR OTHER PERSON THAT SELLS FIREFIGHTING PERSONAL
 PROTECTIVE EQUIPMENT TO ANY PERSON, LOCAL GOVERNMENT,  OR  STATE  AGENCY
 MUST  PROVIDE WRITTEN NOTICE TO THE PURCHASER AT THE TIME OF SALE IF THE
 FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS.  THE
 WRITTEN  NOTICE  MUST INCLUDE A STATEMENT THAT THE FIREFIGHTING PERSONAL
 PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS AND THE REASON PFAS  CHEMI-
 CALS ARE ADDED TO THE EQUIPMENT.
   (B)  THE  MANUFACTURER OR PERSON SELLING FIREFIGHTING PERSONAL PROTEC-
 TIVE EQUIPMENT AND THE PURCHASER OF THE EQUIPMENT MUST RETAIN THE NOTICE
 ON FILE FOR AT LEAST THREE YEARS FROM THE DATE OF THE TRANSACTION.  UPON
 THE  REQUEST  OF  THE  OFFICE  OF FIRE PREVENTION AND CONTROL, A PERSON,
 MANUFACTURER, OR PURCHASER MUST FURNISH THE NOTICE, OR  WRITTEN  COPIES,
 AND  ASSOCIATED SALES DOCUMENTATION TO THE OFFICE OF FIRE PREVENTION AND
 CONTROL WITHIN SIXTY DAYS.
   5. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY REQUEST A CERTIFICATE
 OF COMPLIANCE FROM A MANUFACTURER OF CLASS B FIREFIGHTING FOAM OR  FIRE-
 FIGHTING  PERSONAL  PROTECTIVE EQUIPMENT ATTESTING TO THE MANUFACTURER'S
 COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   6. THE OFFICE OF FIRE PREVENTION AND CONTROL  SHALL  PROMULGATE  REGU-
 LATIONS TO PROVIDE GUIDANCE TO STATE AGENCIES, FIRE PROTECTION DISTRICTS
 AND  LOCAL  GOVERNMENTS IN AVOIDING THE PURCHASE OR USE OF CLASS B FIRE-
 FIGHTING FOAMS TO WHICH PFAS CHEMICALS HAVE BEEN INTENTIONALLY ADDED AND
 TO GIVE PRIORITY AND PREFERENCE TO THE PURCHASE OF FIREFIGHTING PERSONAL
 PROTECTIVE EQUIPMENT THAT DOES NOT CONTAIN PFAS CHEMICALS.
   7. ANY MANUFACTURER OR PERSON IN VIOLATION OF THE PROVISIONS  OF  THIS
 SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND
 DOLLARS FOR EACH VIOLATION IN THE CASE OF A FIRST  OFFENSE.  MANUFACTUR-
 ERS,  LOCAL  GOVERNMENTS,  OR  PERSONS  THAT ARE REPEAT VIOLATORS OF THE
 PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT  TO
 EXCEED TEN THOUSAND DOLLARS FOR EACH REPEAT OFFENSE. PENALTIES COLLECTED
 UNDER  THIS  SECTION  SHALL BE DEPOSITED IN THE HAZARDOUS WASTE REMEDIAL
 FUND CREATED BY SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.