What's happening
This bill restricts the use and sale of firefighting foams and equipment containing PFAS chemicals in New York State.
Why it matters
Reduces environmental and health risks. by limiting the use of PFAS-laden firefighting foams, which are persistent chemicals linked to water contamination and various health hazards.
Encourages safer alternatives. by requiring state agencies and local governments to prioritize purchasing firefighting foams and protective equipment without intentionally added PFAS, promoting innovation and safer products.
Increases transparency for first responders. by mandating that manufacturers disclose to buyers when firefighting protective gear contains PFAS, ensuring fire departments are aware of potential chemical exposures.
Creates accountability and enforcement mechanisms. by imposing civil penalties for violations and requiring product recalls and reimbursements, which incentivizes compliance and funds hazardous waste cleanup efforts in New York.
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Who cares
Headline styles
Limit PFAS in Firefighting
Plain English, a few words. Used as the page title.
Sponsors
History
- Approval memo.61
- Signed chap.702
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.581
- Substituted for A445A
- Referred to codes
- Returned to assembly
- Repassed senate
- Amended on third reading 439a
- Vote reconsidered - restored to third reading
Show 9 earlier actions
- Returned to senate
- Recalled from assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.594
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit PFAS in Firefighting
Assembly Floor Calendar · Sponsor Phil Steck
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
439--A Cal. No. 594
2019-2020 Regular Sessions
IN SENATE (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 Assembly, 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, partnership, corporation, organization, joint venture, importer or domestic distributor of firefighting agents or firefighting equipment.
(f) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" 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 polyfluoroalkyl 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 manufacture, 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 chemicals are added to the equipment.
(b) The manufacturer or person selling firefighting personal protective 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 firefighting 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 regulations to provide 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 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. Manufacturers, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to reducing the use of PFAS chemicals in firefighting activities
Summary of provisions
Section 1 of the bill adds a new section 159-b to the executive law. Subdivision 1 sets definitions of chemical plant, class B firefighting foam, firefighting personal protective equipment, local governments, manufacturer, perfluoroalkyl and polyfluoroalkyl substances or PFAS chemicals, person, and terminal
Subdivision 2 states that no person, local government, or state agency may discharge or otherwise use for training purposes class B firefight- ing foam that contains intentionally added PFAS chemicals. Subdivision 3 states that beginning two years after the effective date, manufactur- ers may not manufacture, sell, or distribute class B firefighting foam that contains intentionally added PFAS chemicals. This subdivision does not apply to use by a person at a terminal, oil refinery, or chemical plant, and makes provisions for federal laws. It also allows the sale of such foam to fire departments for a period of no more than five years, solely for use in certain specific emergency situations. Manufacturers must notify, in writing, persons that sell their products about this subdivision within one year of implementation, and shall recall any existing products prior to implementation.
Read the full memo (1,182 words)
Subdivision 4 requires manufacturers or persons who sell firefighting personal protective equipment to provide written notice to the purchaser at the time of sale if the equipment contains PFAS chemical and the reason why PFAS chemicals are added to the equipment, and such notice shall be retained for at least three years.
Subdivision 5 allows the office of fire prevention and control to request a certificate of compliance from a manufacturer of class B fire- fighting foam or firefighting personal protective 'equipment attesting to the manufacturer's compliance with this section.
Subdivision 6 requires the office of fire prevention and control to promulgate regulations to provide guidance to state agencies and local governments to avoid the purchase or use of class B firefighting foam or firefighting personal protective equipment.
Subdivision 7 sets a civil penalty of $5,000 to any manufacturer or person in violation of this section for each first offense. Manufactur- ers, local governments, or persons that are repeat violators are subject to a $10,000 civil penalty for each repeat offense. Penalties collected shall be deposited in the hazardous waste remedial fund.
Section 2 sets the effective date.
Justification
The chemicals PFOA and PFOS have come under scrutiny in New York over the last several years due to water contamination cases. While existing federal and state efforts to regulate PFOA and PFOS are critical, there is a troubling gap in these efforts. PFOA and PFOS are part of a class of man-made chemicals called PFAS, or perfluoroalkyl and polyfluoroalkyl chemicals. Regulations on PFOA and PFOS do not address less common chem- icals in the PFAS family that could pose similar and unknown human health impacts, not to mention the potential for new PFAS chemicals to be developed in the future.
This bill ban PFAS chemicals in firefighting foam used and manufactured in New York. Chemicals that are similar in chemical makeup to chemicals we know to be harmful should not be automatically approved for use, because it is likely they also lead to harmful health impacts. Rather, we should utilize a precautionary principle and prohibit the use of all PFAS chemicals in firefighting foam.
New York's recent water contamination cases have brought public atten- tion to the harms of PFOA and PFOS. In Hoosick Falls and Petersburgh, PFOA was used in local factories to manufacture Teflon (non-stick surfaces) and waste product including the chemical entered the local water supply. In Newburgh and Suffolk County, PFOS was used in fire- fighting foam that seeped into the groundwater through firefighting and training activities. In these communities, residents have demonstrated high levels of these chemicals in their blood, and have experienced health impacts including kidney cancer, testicular cancer, thyroid disease, and birth defects, which studies have linked to these chemi- cals.
The attention to PFOA and PFOS has led to some recent federal and state regulatory action. The U.S. Environmental Protection Agency (EPA) first issued provisional health advisories for PFOA and PFOS in 2009, and followed up with lifetime health advisories in 2016. However, it has not established national drinking water standards. Under the provisions of the Fiscal Year 2017-2018 New York State budget, New York's Drinking Water Council is undergoing a review of chemicals including PFOA and PFOS with the stated goal of setting strong enforceable limits on the chemicals. In April 2016, the New York State Department of Environmental Conservation issued an emergency rule that added PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt to the state's list of hazardous substances, with particular attention to their use in class 8 firefighting foams. Finally, over the last dozen years, many companies agreed to voluntarily phase out their use of PFOA and PFOS, though their use continues in limited forms today.
The case of Wilmington, North Carolina offers a case in point about the need for stronger action on chemicals in the broader PFAS family. There, a chemical in the PFAS family called GenX was found in the water supply as a result of contamination from a local plant (Chemours, an offshoot of DuPont) that manufactured the chemical. According to DuPont, GenX was developed as a safer alternative to PFOA, which it had phased out due to environmental health concerns. However, studies submitted to the U.S. EPA by DuPont showed that GenX caused tumors and reproductive problems in lab animals. Residents and local officials are rightly alarmed.
Firefighting foam is a key place to look for PFAS chemicals, as PFOS was identified in the foam in New York. PFAS-based class B firefighting foams have been used since the 1970s for vapor suppression, firefight- ing, and firefighting training at airports, refineries, bulk storage terminals, and other facilities handling large volumes of flammable liquid petroleum or natural gas. PFAS chemicals are used in these foam products because of their ability to produce a fast spreading foam. PFAS chemicals in class B firefighting foam can seep into groundwater and contaminate drinking water sources. Further, PFAS chemicals have been identified in many types of outdoor clothing.
This bill would ban the entire class of PFAS chemicals from class B firefighting foam used and manufactured in New York. It also requires written notification of any PFAS chemicals found in personal protective firefighting equipment (such as jackets, pants, and helmets) at the time of sale. The Office of Fire Prevention and Control is instructed to assist state and local government agencies in complying with this bill. Finally, the bill establishes civil penalties for any violations which shall be deposited into the hazardous waste remedial fund. Washington State signed similar legislation into law in April 2018.
In order to protect the health and safety of New Yorkers, we must take an aggressive approach by prohibiting the use of all PFAS chemicals in firefighting foams.
Legislative history
New bill.
Effective date
This act shall take effect on the ninetieth day after it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.