S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11181
 
                           I N  A S S E M B L Y
 
                               June 13, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Steck) --
   read once and referred to the Committee on Governmental Operations
 
 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15627-02-8

 A. 11181                            2
 
 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; OR
   (3) 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.
   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-

 A. 11181                            3
 
 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.