NY State Senate Bill 2019-S7167

Senate Bill S7167

Signed By Governor

2019-2020 Legislative Session

Relates to reducing the use of PFAS chemicals in firefighting activities, and amending a chapter of the laws of 2019 in relation to the effectiveness thereof; repealer

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2020	signed chap.88
Apr 17, 2020	delivered to governor
Feb 03, 2020	returned to senate passed assembly ordered to third reading cal.374 substituted for a8979
Jan 23, 2020	referred to codes delivered to assembly passed senate
Jan 13, 2020	ordered to third reading cal.91
Jan 10, 2020	referred to rules

Votes

- Jan 23, 2020 - Floor Vote
  S7167
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 23, 2020
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (3)
      
      Felder
      
      Jacobs
      
      Seward
  Jan 13, 2020 - Rules Committee Vote
  S7167
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 13, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

2019-S7167 (ACTIVE) - Details

See Assembly Version of this Bill:: A8979
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L; add §204-g, Gen Muni L; rpld §159-b, Exec L; amd §2, Chap of 2019 (as proposed in S.439-A & A.445-A)

2019-S7167 (ACTIVE) - Summary

Places restrictions on the sale and use of firefighting equipment containing PFAS chemicals to reduce the use of PFAS chemicals in firefighting activities; repeals certain provisions of the executive law related to reducing the use of PFAS chemicals in firefighting activities.

2019-S7167 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7167

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the general business law and the general municipal law,
in relation to reducing the use of PFAS chemicals in firefighting activ-
ities; to repeal certain provisions of the executive law relating there-
to; and to amend 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, in relation to the effectiveness thereof

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2019,
c.702.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by removing the ban on

PFAS chemical foams and moving it into the General Business Law. In
addition to moving the legislation to the General Business Law, the bill
makes technical amendments to the definition of which foams are banned,
as well as changing the circumstances of the exemption for when foams
containing PFAS may be utilized to include not just fires involving
flammable liquids but also ignitable liquids. The ban on the purchase
and manufacturing of these foams would go into effect two years after
the effective date. The Office of Fire Prevention will, every two years,
examine whether any non-PFAS foams are available that would be effective
and could substitute the use of PFAS foams in these circumstances. In
addition, there is a new section of law added in the General Municipal
Law banning the use of PFAS foams in training by fire departments.

 
JUSTIFICATION:

Pursuant to approval memo 61 of 2019, the Executive expressed concerns
about the need to ensure that, while effective substitutes are not in
existence, fire departments could continue to use PFAS containing foams
in limited circumstances to deal with not only flammable liquid fires,
but ignitable liquid fires. They expressed a need for language giving
the Office of Fire Prevention periodic authority to determine whether
effective alternatives for fighting these kinds of fire are available.
This legislation is a negotiated change to the underlying chapter that
addresses those concerns.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 702 of the Laws of 2019.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that sections
one, two and three of this act shall take effect on the same 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.

2019-S7167 (ACTIVE) - Bill Text download pdf

                            
 
                     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

 S. 7167                             3
 
 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.

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