The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7167

                            I N  S E N A T E

                            January 10, 2020
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law and the general municipal  law,
  in  relation  to  reducing  the  use of PFAS chemicals in firefighting
  activities; to repeal certain provisions of the executive law relating
  thereto; and to amend a chapter of the  laws  of  2019,  amending  the
  executive  law relating to reducing the use of PFAS chemicals in fire-
  fighting activities, as proposed in legislative bills numbers S. 439-A
  and A. 445-A, in relation to the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-u to read as follows:
  §  391-U.  RESTRICTIONS  ON THE SALE AND USE OF FIREFIGHTING EQUIPMENT
CONTAINING PFAS CHEMICALS. 1.  AS  USED  IN  THIS  SECTION,  UNLESS  THE
CONTEXT CLEARLY REQUIRES OTHERWISE:
  (A)  "CLASS  B  FIREFIGHTING  FOAM" MEANS FOAMS DESIGNED TO PREVENT OR
EXTINGUISH IGNITABLE LIQUID FIRES.
  (B) "IGNITABLE LIQUID FIRE" MEANS ANY FIRE INVOLVING  A  FLAMMABLE  OR
COMBUSTIBLE LIQUID WHERE BLANKETING AND SMOTHERING FOR VAPOR SUPPRESSION
IS NEEDED TO EXTINGUISH THE FIRE.
  (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, VILLAGE, FIRE
DISTRICT, FIRE COMPANY AS DEFINED IN SECTION TWO HUNDRED FOUR-A  OF  THE
GENERAL  MUNICIPAL  LAW,  REGIONAL  FIRE  PROTECTION AUTHORITY, OR OTHER
SPECIAL PURPOSE DISTRICT THAT PROVIDES FIREFIGHTING SERVICES.
  (E) "MANUFACTURER" INCLUDES ANY PERSON,  FIRM,  ASSOCIATION,  PARTNER-
SHIP,  CORPORATION,  ORGANIZATION,  JOINT  VENTURE, IMPORTER OR DOMESTIC
DISTRIBUTOR OF FIREFIGHTING AGENTS OR FIREFIGHTING EQUIPMENT.

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

                                                           LBD03612-04-0

S. 7167                             2

  (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.
  2. NO PERSON OR STATE AGENCY SHALL  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 PFAS CHEMICALS HAVE BEEN INTEN-
TIONALLY 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) FOR USE IN SUPPRESSING OR  PREVENTING  AN  IGNITABLE  LIQUID  FIRE
WHERE  THE  OFFICE  OF FIRE PREVENTION AND CONTROL, IN CONSULTATION WITH
THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  AND  THE  DEPARTMENT  OF
HEALTH,  THROUGH  PROMULGATION OF A RULE, EXEMPTS A USE OF CLASS B FIRE-
FIGHTING FOAM ON THE BASIS THAT AN  ALTERNATIVE  FIREFIGHTING  AGENT  TO
WHICH  PFAS  CHEMICALS  HAVE  NOT  BEEN  INTENTIONALLY ADDED AND THAT IS
EFFECTIVE IN SUPPRESSING OR PREVENTING AN IGNITABLE LIQUID FIRE  IS  NOT
AVAILABLE. IF THE OFFICE OF FIRE PREVENTION AND CONTROL EXEMPTS A USE OF
CLASS B FIREFIGHTING FOAM FROM THE RESTRICTIONS IN PARAGRAPH (A) OF THIS
SUBDIVISION,  IT  SHALL  RE-EVALUATE  AVAILABLE ALTERNATIVE FIREFIGHTING
AGENTS AT LEAST EVERY TWO YEARS AS LONG  AS  THE  EXEMPTION  REMAINS  IN
PLACE,  AND  REPEAL  SUCH  EXEMPTION  UPON A FINDING THAT AN ALTERNATIVE
FIREFIGHTING AGENT TO WHICH PFAS CHEMICALS HAVE NOT  BEEN  INTENTIONALLY
ADDED  IS  AVAILABLE  THAT  IS EFFECTIVE IN SUPPRESSING OR PREVENTING AN
IGNITABLE LIQUID FIRE.
  (2) WHERE THE INCLUSION OF PFAS CHEMICALS ARE REQUIRED BY FEDERAL  LAW
OR REGULATIONS. IN THE EVENT THAT APPLICABLE FEDERAL LAWS OR REGULATIONS
CHANGE  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION TO ALLOW THE USE OF
EFFECTIVE ALTERNATIVE FIREFIGHTING AGENTS THAT DO NOT CONTAIN PFAS CHEM-
ICALS, THE OFFICE OF FIRE PREVENTION AND CONTROL MAY  ADOPT  RULES  THAT
RESTRICT  PFAS  CHEMICALS FOR THE MANUFACTURE, SALE, AND DISTRIBUTION OF
FIREFIGHTING FOAM FOR USES THAT ARE ADDRESSED  BY  THE  FEDERAL  LAW  OR
REGULATION.
  4.  (A)  A  MANUFACTURER OF CLASS B FIREFIGHTING FOAM RESTRICTED UNDER
SUBDIVISION THREE OF THIS SECTION 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 SUBDIVISION THREE OF THIS SECTION.
  (B) A MANUFACTURER THAT PRODUCES, SELLS,  OR  DISTRIBUTES  A  CLASS  B
FIREFIGHTING  FOAM  PROHIBITED  UNDER  SUBDIVISION THREE OF THIS SECTION
SHALL RECALL THE PRODUCT, WHICH INCLUDES COLLECTION,  TRANSPORT,  TREAT-
MENT,  STORAGE  AND  SAFE DISPOSAL, AFTER THE IMPLEMENTATION DATE OF THE
RESTRICTIONS SET FORTH IN SUBDIVISION THREE OF THIS  SECTION  AND  REIM-
BURSE THE RETAILER OR ANY OTHER PURCHASER FOR THE PRODUCT.
  5. (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

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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.
  6. THE OFFICE OF FIRE PREVENTION AND CONTROL  MAY  ISSUE  GUIDANCE  TO
STATE  AGENCIES,  FIRE  PROTECTION  DISTRICTS  AND  LOCAL GOVERNMENTS IN
AVOIDING THE PURCHASE OR USE OF CLASS B FIREFIGHTING FOAMS TO WHICH PFAS
CHEMICALS HAVE BEEN INTENTIONALLY ADDED AND TO GIVE PRIORITY AND PREFER-
ENCE 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. MANUFACTURERS
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 NINE-
TY-SEVEN-B OF THE STATE FINANCE LAW.
  § 2. The general municipal law is amended  by  adding  a  new  section
204-g to read as follows:
  §  204-G. RESTRICTIONS ON THE USE OF FIREFIGHTING FOAM CONTAINING PFAS
CHEMICALS. 1. AS USED IN THIS SECTION:
  (A) "CLASS B FIREFIGHTING FOAM" MEANS  FOAMS  DESIGNED  TO  EXTINGUISH
IGNITABLE LIQUID FIRES.
  (B)  "IGNITABLE LIQUID FIRE" SHALL HAVE THE SAME MEANING AS DEFINED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE  HUNDRED  NINETY-ONE-U
OF THE GENERAL BUSINESS LAW.
  (C) "LOCAL GOVERNMENTS" INCLUDES ANY COUNTY, CITY, TOWN, VILLAGE, FIRE
DISTRICT,  FIRE COMPANY AS DEFINED IN SECTION TWO HUNDRED FOUR-A OF THIS
ARTICLE, REGIONAL FIRE PROTECTION AUTHORITY, OR  OTHER  SPECIAL  PURPOSE
DISTRICT THAT PROVIDES FIREFIGHTING SERVICES.
  (D)  "PERFLUOROALKYL  AND  POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMI-
CALS" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (F) OF  SUBDI-
VISION ONE OF SECTION THREE HUNDRED NINETY-ONE-U OF THE GENERAL BUSINESS
LAW.
  2.  NO  LOCAL GOVERNMENT SHALL DISCHARGE OR OTHERWISE USE FOR TRAINING
PURPOSES CLASS B FIREFIGHTING FOAM  THAT  CONTAINS  INTENTIONALLY  ADDED
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES (PFAS CHEMICALS).
  §  3. Section 159-b of the executive law, as added by a chapter of the
laws of 2019, amending the executive law relating to reducing the use of
PFAS chemicals in firefighting activities, as  proposed  in  legislative
bills numbers S. 439-A and A.  445-A, is REPEALED.
  §  4.  Section 2 of a chapter of the laws of 2019, amending the execu-
tive law relating to reducing the use of PFAS chemicals in  firefighting
activities,  as  proposed  in  legislative bills numbers S. 439-A and A.
445-A, is amended to read as follows:
  § 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.
  §  5.  This act shall take effect immediately, provided, however, that
sections one, two and three of this act shall take effect  on  the  same

S. 7167                             4

date  and  in the same manner as a chapter of the laws of 2019, amending
the executive law relating to reducing the  use  of  PFAS  chemicals  in
firefighting  activities,  as  proposed  in legislative bills numbers S.
439-A and A. 445-A, takes effect.