PFAS Free Firefighting Foam – Senate Bill No. 1044

October 28, 2020
October 28, 2020 RalphM

PFAS Free Firefighting Foam

PFAS Free Firefighting Foam – Senate Bill No. 1044

On September 29, 2020 the Governor of California approved a new Senate Bill No. 1044 to encourage PFAS Free Firefighting Foam.
Senate Bill No. 1044
CHAPTER 308
An act to add Sections 13029, 13061, and 13062 to the Health and Safety Code, relating to fire protection.

 

[ Approved by Governor  September 29, 2020. Filed with Secretary of State  September 29, 2020. ]

 

LEGISLATIVE COUNSEL’S DIGEST

Senate Bill No. 1044, Allen. Firefighting equipment and foam: PFAS chemicals.

Existing law authorizes the State Fire Marshal to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state and requires the State Fire Marshal to notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to bring their equipment into conformity with standard requirements.

This bill, commencing January 1, 2022, would require any person, as defined, including a manufacturer, as defined, that sells firefighter personal protective equipment to any person to provide a written notice to the purchaser at the time of sale if the firefighter personal protective equipment contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).

The bill would require the seller and the purchaser to retain a copy of the written notice on file for at least 3 years and to furnish the notice and associated sales documentation to the Attorney General, a city attorney, a county counsel, or a district attorney within 60 days upon request, as provided.

The bill would authorize the Attorney General, a city attorney, a county counsel, or a district attorney to request from a manufacturer, and the bill would require the manufacturer to provide, a certificate of compliance that certifies that the manufacturer is in compliance with these provisions.

The bill would provide that a violation of these requirements is punishable by a specified civil penalty upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.

The bill, commencing January 1, 2022, would prohibit a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state, and would prohibit a person from using in this state, class B firefighting foam containing intentionally added PFAS chemicals.

The bill would establish exemptions from this requirement, including a limited-term waiver, as prescribed.

The bill would require a person that uses class B firefighting foam containing intentionally added PFAS chemicals to report use of the chemical, or report if there is a release to the environment, to the State Fire Marshal.

This bill would require the State Fire Marshal to impose a fee on a person applying for the waiver or submitting the report that does not exceed the reasonable costs of administering the waiver or reporting provisions, as provided.

The bill would require a manufacturer to provide a specified notice to persons that sell the manufacturer’s products in the state and to recall prohibited products, as provided.

The bill would provide that a violation of these provisions is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.

The bill, commencing January 1, 2022, would prohibit a person, as defined, from discharging or otherwise using for training purposes class B firefighting foam that contains intentionally added PFAS chemicals, and would provide that a violation of this prohibition is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.

Read more on PFAS Free Firefighting Foam and Senate Bill No. 1044

See below more information on our PFAS Free Firefighting Foam

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