Bill Details - SB257 (2019)

SB 257-FN - AS AMENDED BY THE HOUSE

 

03/14/2019   0845s

8May2019... 1547h

2019 SESSION

19-1011

08/03

 

SENATE BILL 257-FN

 

AN ACT prohibiting foams containing perfluoroalkyl chemicals for use in fighting fires.

 

SPONSORS: Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 5; Sen. Levesque, Dist 12; Sen. Fuller Clark, Dist 21; Sen. Kahn, Dist 10; Sen. Cavanaugh, Dist 16; Rep. Goley, Hills. 8

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill prohibits the use of foams containing perfluoroalkyl chemicals in fighting fires.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2019   0845s

8May2019... 1547h 19-1011

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT prohibiting foams containing perfluoroalkyl chemicals for use in fighting fires.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Sections; Certain Chemicals Prohibited in Firefighting Foam.  Amend RSA 154 by inserting after section 8-a the following new sections:

154:8-b  Certain Chemicals Prohibited in Firefighting Foam.

I.  In this section,

(a) "Chemical plant" means chemical plants, refineries, and re-refineries

(b)   "Class B firefighting foam" means foam designed for flammable liquid fires.

(c)  "Department" means the department of environmental services.

(d)  "Legacy foams" mean firefighting foams manufactured prior to January 1, 2004, containing perfluorooctanesulfonic acid and/or perfluorooctanoic acid-related long chain PFAS chemicals.

(e)  "Manufacturer" includes any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic manufacturer or distributor of firefighting agents or firefighting equipment.  For the purposes of this section, "importer" means the owner of the product.

(f)  "Municipalities" means any county, city, town, fire district, regional fire district, or other special purpose district that provides firefighting services.

(g)  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(h)  "Testing" includes calibration testing, conformance testing, and fixed system testing.

II.  Beginning on January 1, 2020, no person, local government, or state agency shall discharge or otherwise use for training or testing purposes class B firefighting foam to which PFAS chemicals have been intentionally added.  However, the testing of class B firefighting foam to which PFAS chemicals have been intentionally added may occur if the department has evaluated the testing facility for containment, treatment, and disposal measures to prevent uncontrolled release of foam to the environment.

III.  Beginning January 1, 2020, a manufacturer of class B firefighting foam shall not knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added.  However:

(a)  The restrictions in this paragraph shall not apply to any sale or use of class B firefighting foam where the inclusion of PFAS chemicals are required by federal law, including but not limited to the requirements of 14 C.F.R. section 139.317, as that section existed as of January 1, 2018.  In the event that applicable federal regulations change after January 1, 2018, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, the department may adopt rules for the sale and uses of firefighting foam that are addressed by the federal regulation that restrict the use of firefighting foam that contains PFAS chemicals.

(b)  The restrictions under this paragraph shall not apply to any sale or distribution of class B firefighting foam to which PFAS chemicals have been intentionally added for use at a chemical plant.

(c) The restrictions under this paragraph shall not apply to any sale or distribution of class B firefighting foam to which PFAS chemicals have been intentionally added for use at a storage or distribution facility, tank farm, or terminal for flammable liquids.

IV.  The manufacturer that produces, sells, or distributes a class B firefighting foam to which PFAS chemicals have been intentionally added following the effective date of this section shall recall the product and reimburse the retailer or any other purchaser for the product.

V.  A manufacturer of class B firefighting foam in violation of paragraph III shall be subject to an administrative fine not to exceed $5,000 for each violation in the case of a first offense.  Manufacturers or persons that are repeat violators shall be subject to an administrative fine not to exceed $10,000 for each repeat offense.

VI.  A manufacturer of class B firefighting foam restricted under paragraph III shall notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year after the effective date of the restrictions.

VII.  The department shall assist other state agencies, fire protection districts, and other municipalities in avoiding purchasing or using firefighting agents containing PFAS chemicals, as required under paragraph III.

VIII.  The department shall survey municipalities throughout the state on the quantitative stock of legacy foams and determine the cost of instituting a take-back program for the purpose of safe and contained disposal.  The development and processing of the survey shall be subject to rules adopted by the commissioner of the department of environmental services pursuant to RSA 541-A.  On or before December 1, 2020, the department shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.  Beginning on July 1, 2021, the department shall institute a take-back program of legacy foams for the purpose of safe and contained disposal.

IX.  Fire departments which use remaining class B firefighting foam to which PFAS chemicals have been intentionally added shall be immune from civil or criminal damages only if such foam is discharged in an emergency situation.

X.  Nothing in this section shall be construed to create a new civil or criminal right of action against a fire department if class B firefighting foam to which PFAS chemicals have been added has been discharged either unintentionally or in an emergency situation.

XI.  Any time a class B firefighting foam to which PFAS chemicals have been intentionally added is discharged, the municipality making such discharge shall notify the department of environmental services within 48 hours of such discharge.

154:8-c  Firefighting Personal Protective Equipment.

I.  In this section,

(a)  “Department” means the department of safety.

(b)  "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 use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, hoods, and respiratory equipment.

(c)  "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, joint venture, importer, or domestic manufacturer or distributor of firefighting agents or firefighting equipment.  For the purposes of this section, "importer" means the owner of the product.

(d)  "Municipalities" means any county, city, town, fire district, regional fire district, or other special purpose district that provides firefighting services.

(e)  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

II.  Beginning January 1, 2020, a manufacturer or other person that sells firefighting personal protective equipment to any person, municipality, or state agency shall provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals.  The written notice shall include a statement that the firefighting personnel protective equipment contains PFAS chemicals.  All notices shall be included in all personnel files of all employees using the firefighting personal protective equipment which contain PFAS chemicals

III.  The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment shall retain the notice in procurement files for at least 3 years from the date of the transaction.  Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days.

IV.  The department shall assist other state agencies, fire protection districts, and other municipalities to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

19-1011

Amended 4/1/19

 

SB 257-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-0845s)

 

AN ACT prohibiting foams containing perfluoroalkyl chemicals for use in fighting fires.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill prohibits the use of foams containing perfluoroalkyl chemicals in fighting fires.  The Department of Environmental Services (DES) assumes the bill would require the Department to perform the following tasks:   

  • At the request of local, state, or other fire training organizations, evaluate their testing facilities for adequate containment, treatment, and disposal measures to prevent releases of foam to the environment.  
  • In the event that federal law changes, adopt rules to restrict the use of PFAS-containing foams at certain facilities.
  • As necessary, request copies of notices or sales documentation from foam manufacturers, distributors, or purchasers of firefighting personal protective equipment.
  • As necessary, request certificates of compliance from manufacturers of firefighting foams.
  • Assist the office  of strategic initiatives and other state agencies, fire protection districts, and municipalities to avoid purchase or use of PFAS-containing firefighting foams and to give priority and preference to purchasing protective equipment that does not contain PFAS chemicals.
  • As appropriate, levy administrative fines against manufacturers that violate the prohibition on the manufacture, sale, or distribution of firefighting foams that contain PFAS.
  • Beginning on January 2, 2021, institute a take-back program for legacy foams containing PFAS for safe disposal.
  • Receive reports from agencies or departments that use and discharge class B firefighting foam.  

 

The Department does not have information on how often, at what level of effort, these responsibilities would be performed.  Beginning in January 2021, the Department is required to implement the take-back program.  The Department does not have information on the amount of legacy foam that would require disposal or the cost or pricing for disposal therfore is not able to estimate the potential cost of such a program.  DES assumes any revenue from the fines would be deposited into the General Fund but, it is not possible to predict how many violations would occur or the amount of additional revenue.  There would be no additional revenue to county and local governments.  

 

The New Hampshire Municipal Association states the restriction on the use of class B firefighting foam containing perfluoroalkyl or perfluoroalkyl substances may require municipal fire departments to purchase different firefighting substances which may be more or less expensive than the restricted substances.  Some municipalities may receive reimbursement for the foam already purchased, which may partly offset the cost of purchasing new products.  The Association has no information on the cost of these products or how common use of the restricted foam is in New Hampshire and assumes the effects of this bill would vary among municipalities.  The Association indicates there would be no impact on local revenues.

 

The Office of Strategic Initiatives (OSI) indicates the bill would require it to assist state agencies, fire protection districts, and municipalities in avoiding the purchase or use of firefighting agents containing PFAS chemicals, giving preference to purchasing non-PFAS protective equipment.  The OSI does not have information on the manufacture, distribution, sale, or use of firefighting foam and equipment and indicates the bill does not specify how OSI would work with these entities to avoid purchasing agents containing PFAS or give preference to purchasing non-PFAS products. Because of this, the OSI is not able to determine the fiscal impact.

 

AGENCIES CONTACTED:

Department of Environmental Services, Office of Strategic Initiatives, and New Hampshire Municipal Association

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Executive Departments and Administration; SJ 4
Feb. 6, 2019 Hearing: 02/06/2019, Room 101, LOB, 10:00 am; SC 9
March 14, 2019 Committee Report: Ought to Pass with Amendment # 2019-0845s, 03/14/2019; SC 13
March 14, 2019 Committee Amendment # 2019-0845s, AA, VV; 03/14/2019; SJ 8
March 14, 2019 Ought to Pass with Amendment 2019-0845s, RC 23Y-1N, MA; OT3rdg; 03/14/2019; SJ 8
March 20, 2019 Introduced 03/20/2019 and referred to Executive Departments and Administration HJ 11 P. 71
April 2, 2019 ==TIME CHANGE== Public Hearing: 04/02/2019 01:00 pm LOB 306
April 9, 2019 Subcommittee Work Session: 04/09/2019 01:30 pm LOB 306
April 17, 2019 Subcommittee Work Session: 04/17/2019 01:30 pm LOB 306
April 30, 2019 Executive Session: 04/30/2019 10:00 am LOB 306
May 8, 2019 Committee Report: Ought to Pass with Amendment # 2019-1547h for 05/08/2019 (Vote 19-0; CC) HC 23 P. 5
Committee Report: Ought to Pass with Amendment # 2019-1547h (Vote 19-0; CC)
May 8, 2019 Amendment # 2019-1547h: AA VV 05/08/2019
May 8, 2019 Ought to Pass with Amendment 2019-1547h: MA VV 05/08/2019

Action Dates

Date Body Type
Feb. 6, 2019 Senate Hearing
March 14, 2019 Senate Floor Vote
April 2, 2019 House Hearing
April 30, 2019 House Exec Session
House Floor Vote
May 8, 2019 House Floor Vote

Bill Text Revisions

SB257 Revision: 5243 Date: Jan. 25, 2019, 9:30 a.m.
SB257 Revision: 5538 Date: April 2, 2019, 10:50 a.m.
SB257 Revision: 5884 Date: May 8, 2019, 1:52 p.m.