PRIOR PRINTER'S NO. 119
PRINTER'S NO. 390
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
144
Session of
2023
INTRODUCED BY YAW, COLLETT, MARTIN, COMITTA AND FARRY,
JANUARY 19, 2023
AS AMENDED ON THIRD CONSIDERATION, MARCH 6, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for firefighting foam management.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7390. Firefighting foam management.
(a) Prohibited conduct.--
(1) Beginning January 1, 2024, no person, firefighting
entity, the Commonwealth nor a municipality may discharge or
otherwise use a class B firefighting foam that contains an
intentionally added PFAS chemical for:
(i) testing purposes at a facility, unless:
(A) otherwise required by law or the
governmental entity having jurisdiction over the
testing facility; and
(B) the facility has implemented appropriate
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containment, treatment and disposal measures to
prevent the uncontrolled release of the class B
firefighting foam into the environment; or
(ii) training purposes, unless the training involves
replacing the class B firefighting foam that contains an
intentionally added PFAS chemical with nonfluorinated
training foam.
(2) 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 an intentionally added PFAS chemical for testing
purposes.
(3) (i) An individual or fire department who
administers a training program in violation of this
section shall be subject to a civil penalty not to exceed
$5,000 for a first offense.
(ii) An individual or fire department who
administers a training program in violation of this
section for a second or subsequent offense shall be
subject to a civil penalty not to exceed $10,000.
(iii) Penalties collected under this section shall
be deposited into the Online Training Educator and
Training Reimbursement Account.
(b) Warning labels.--A manufacturer of personal protective
equipment for USED IN fire prevention , FIREFIGHTING or FIRE
control activities in this Commonwealth shall affix a warning
label to the SUCH product SOLD FOR USE IN THIS COMMONWEALTH THAT
INDICATES if the product contains a perfluorooctane (PFOS) or
perfluorooctanoic acid (PFOA).
(c) Enforcement.--The Office of the State Fire Commissioner
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shall enforce the provisions of this section.
(d) Construction.--Nothing in this section shall be
construed to restrict:
(1) the manufacture, sale or distribution of class B
firefighting foam that contains an intentionally added PFAS
chemical; or
(2) the discharge or other use of class B firefighting
foam that contains an intentionally added PFAS chemical in
emergency firefighting or fire suppression operations.
(e) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Class B firefighting foam." A foam designed for
extinguishing flammable-liquid fires.
"Firefighting entity." An entity that engages in fire
prevention or control activities in this Commonwealth. The term
shall include municipal fire departments and volunteer fire
companies.
"MANUFACTURER." A PERSON THAT MANUFACTURES, IMPORTS OR
DISTRIBUTES DOMESTICALLY PERSONAL PROTECTIVE EQUIPMENT FOR
FIREFIGHTING ENTITIES.
"PERSONAL PROTECTIVE EQUIPMENT." ITEMS DESIGNED, INTENDED OR
MARKETED TO BE WORN BY FIREFIGHTING ENTITY PERSONNEL IN THE
PERFORMANCE OF THEIR FIRE AND RESCUE ACTIVITIES, INCLUDING
JACKETS, PANTS, SHOES, GLOVES, HELMETS AND RESPIRATORY
EQUIPMENT.
"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.
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"Testing." The term shall include testing related to
calibration, conformance and fixed system.
Section 2. This act shall take effect immediately.
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