PRIOR PRINTER'S NO. 313
PRINTER'S NO. 905
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
302
Session of
2021
INTRODUCED BY YAW, BARTOLOTTA, MARTIN, BAKER, COLLETT, COMITTA
AND CAPPELLETTI, MARCH 10, 2021
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
JUNE 15, 2021
AN ACT
Prohibiting the use of certain class B firefighting foams under
certain circumstances AND PROVIDING FOR WARNING LABELS; and
imposing powers and duties on the Pennsylvania Emergency
Management Agency and the State Fire Commissioner.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Firefighting
Foam Management Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Class B firefighting foam." A foam designed for suppressing
or extinguishing flammable-liquid fires.
"Firefighting entity." An entity that engages in fire
prevention or control activities in this Commonwealth. The term
includes a volunteer fire company.
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"PFAS chemical." A fluorinated organic chemical that
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 AN INTENTIONALLY ADDED
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 AN
INTENTIONALLY ADDED 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 AN INTENTIONALLY ADDED
PFAS chemical FOR TESTING PURPOSES.
(c) Penalty.--
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(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
training program in violation of this section for a second or
subsequent offense is subject to a civil penalty not to
exceed $10,000.
(3) Penalties collected under this section shall be
deposited into the Online Training Educator and Training
Reimbursement Account for the purposes of developing,
delivering and sustaining training programs for volunteer and
career firefighters in this Commonwealth.
SECTION 4. WARNING LABELS.
A MANUFACTURER OF PERSONAL PROTECTIVE EQUIPMENT FOR FIRE
PREVENTION OR CONTROL ACTIVITIES IN THIS COMMONWEALTH SHALL
AFFIX A WARNING LABEL TO THE PRODUCT IF THE PRODUCT CONTAINS A
PERFLUOROOCTANE (PFOS) AND PERFLUOROOCTANOIC ACID (PFOA).
Section 4 5. Enforcement.
The Pennsylvania Emergency Management Agency shall enforce
the provisions of this act.
Section 5 6. Construction.
Nothing in this act shall be construed to restrict:
(1) the manufacture, sale or distribution of class B
firefighting foam that contains a AN INTENTIONALLY ADDED PFAS
chemical; or
(2) the discharge or other use of class B firefighting
foam that contains a AN INTENTIONALLY ADDED PFAS chemical
purchased prior to July 1, 2022, in emergency firefighting or
fire prevention operations.
Section 6 7. Effective date.
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This act shall take effect immediately.
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