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.
LBD15627-02-8
S. 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.
