contains at least one fully fluorinated carbon atom and is
designed to be fully functional in formulations of class B
firefighting foam.
"Testing." The term includes calibration testing,
conformance testing and fixed system testing.
Section 3. Prohibited conduct.
(a) General rule.--Beginning July 1, 2022, no person or
firefighting entity and neither the Commonwealth nor a
municipality may discharge or otherwise intentionally use a
class B firefighting foam that contains a PFAS chemical for:
(1) testing purposes at a testing facility, unless:
(i) otherwise required by law or the governmental
entity having jurisdiction over the testing facility; and
(ii) the testing facility has implemented
appropriate containment, treatment and disposal measures
to prevent the uncontrolled release of the class B
firefighting foam into the environment; or
(2) training purposes, unless the training involves
replacing the class B firefighting foam that contains a PFAS
chemical with nonfluorinated training foam.
(b) Transitional provision.--The Pennsylvania Emergency
Management Agency, in consultation with the State Fire
Commissioner, shall assist firefighting entities with evaluating
and determining how to transition to the use of class B
firefighting foam that does not contain a PFAS chemical.
(c) Penalty.--
(1) A person or fire department who administers a
training program in violation of this section is subject to a
civil penalty not to exceed $5,000 for a first offense.
(2) A person or fire department who administers a
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