STATE OF NEW YORK
Cal. No. 594
2019-2020 Regular Sessions
January 9, 2019
Introduced by Sens. HOYLMAN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, HARCK-
HAM, KAVANAGH, MAYER, METZGER, SERRANO, SKOUFIS, STAVISKY -- read
twice and ordered printed, and when printed to be committed to the
Committee on Finance -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the executive law, in relation to reducing the use of
PFAS chemicals in firefighting activities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 159-b
2 to read as follows:
3 § 159-b. Restrictions on the use of firefighting equipment containing
4 PFAS chemicals. 1. As used in this section, unless the context clearly
5 requires otherwise:
6 (a) "Chemical plant" means a large integrated plant or that portion of
7 such a plant other than a refinery or distillery where flammable liquids
8 are produced by chemical reactions or used in chemical reactions.
9 (b) "Class B firefighting foam" means foams designed to extinguish
10 flammable liquid fires.
11 (c) "Firefighting personal protective equipment" means any clothing
12 designed, intended, or marketed to be worn by firefighting personnel in
13 the performance of their duties, designed with the intent for the use in
14 firefighting and rescue activities, including jackets, pants, shoes,
15 gloves, helmets, and respiratory equipment.
16 (d) "Local governments" includes any county, city, town, fire
17 district, regional fire protection authority, or other special purpose
18 district that provides firefighting services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 439--A 2
1 (e) "Manufacturer" includes any person, firm, association, partner-
2 ship, corporation, organization, joint venture, importer or domestic
3 distributor of firefighting agents or firefighting equipment.
4 (f) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemi-
5 cals" means, for the purposes of firefighting agents and firefighting
6 equipment, a class of fluorinated organic chemicals containing at least
7 one fully fluorinated carbon atom.
8 (g) "Person" means any individual, partnership, association, public or
9 private corporation, limited liability company or any other type of
10 legal or commercial entity, including their members, managers, partners,
11 directors, or officers.
12 (h) "Terminal" means a fuel storage and distribution facility that has
13 been assigned a terminal control number by the internal revenue service.
14 2. No person, local government, or state agency may discharge or
15 otherwise use for training purposes class B firefighting foam that
16 contains intentionally added perfluoroalkyl and polyfluoroalkyl
17 substances (PFAS chemicals).
18 3. (a) Commencing two years after the effective date of this section,
19 no manufacturer of class B firefighting foam may manufacture, knowingly
20 sell, offer for sale, distribute for sale, or distribute for use in this
21 state class B firefighting foam to which perfluoroalkyl and polyfluoro-
22 alkyl substances (PFAS chemicals) have been intentionally added except
23 as provided in paragraph (b) of this subdivision.
24 (b) The restrictions in paragraph (a) of this subdivision shall not
25 apply to the manufacture, sale, or distribution of class B firefighting
27 (1) to a person for use at a terminal operated by the person or an oil
28 refinery operated by the person;
29 (2) to a person for use at a chemical plant operated by the person;
30 (3) to a fire department, for a period not to exceed five years after
31 the effective date of this section, for use by such department solely in
32 emergency situations for the purpose of fighting large-scale fires
33 caused by combustible liquids which occur:
34 (i) at a terminal, oil refinery, chemical plant, or dedicated fuel
35 storage facility; or
36 (ii) during the process of transporting such liquids; or
37 (4) where the inclusion of PFAS chemicals are required by federal law,
38 including but not limited to the requirements of 1421 C.F.R. 139.317, as
39 that section exists as of the effective date of this section. In the
40 event that applicable federal regulations change after the effective
41 date of this section to allow the use of alternative firefighting agents
42 that do not contain PFAS chemicals, the office of fire prevention and
43 control may adopt rules that restrict PFAS chemicals for the manufac-
44 ture, sale, and distribution of firefighting foam for uses that are
45 addressed by the federal regulation.
46 (c) (1) A manufacturer of class B firefighting foam restricted under
47 this subdivision shall notify, in writing, persons that sell the
48 manufacturer's products in this state about the provisions of this
49 section no less than one year prior to the implementation date of the
50 restrictions set forth in this subdivision.
51 (2) A manufacturer that produces, sells, or distributes a class B
52 firefighting foam prohibited under this subdivision shall recall the
53 product prior to the implementation date of the restrictions set forth
54 in this subdivision and reimburse the retailer or any other purchaser
55 for the product.
S. 439--A 3
1 4. (a) A manufacturer or other person that sells firefighting personal
2 protective equipment to any person, local government, or state agency
3 must provide written notice to the purchaser at the time of sale if the
4 firefighting personal protective equipment contains PFAS chemicals. The
5 written notice must include a statement that the firefighting personal
6 protective equipment contains PFAS chemicals and the reason PFAS chemi-
7 cals are added to the equipment.
8 (b) The manufacturer or person selling firefighting personal protec-
9 tive equipment and the purchaser of the equipment must retain the notice
10 on file for at least three years from the date of the transaction. Upon
11 the request of the office of fire prevention and control, a person,
12 manufacturer, or purchaser must furnish the notice, or written copies,
13 and associated sales documentation to the office of fire prevention and
14 control within sixty days.
15 5. The office of fire prevention and control may request a certificate
16 of compliance from a manufacturer of class B firefighting foam or fire-
17 fighting personal protective equipment attesting to the manufacturer's
18 compliance with the provisions of this section.
19 6. The office of fire prevention and control shall promulgate regu-
20 lations to provide guidance to state agencies, fire protection districts
21 and local governments in avoiding the purchase or use of class B fire-
22 fighting foams to which PFAS chemicals have been intentionally added and
23 to give priority and preference to the purchase of firefighting personal
24 protective equipment that does not contain PFAS chemicals.
25 7. Any manufacturer or person in violation of the provisions of this
26 section shall be subject to a civil penalty not to exceed five thousand
27 dollars for each violation in the case of a first offense. Manufactur-
28 ers, local governments, or persons that are repeat violators of the
29 provisions of this section shall be subject to a civil penalty not to
30 exceed ten thousand dollars for each repeat offense. Penalties collected
31 under this section shall be deposited in the hazardous waste remedial
32 fund created by section ninety-seven-b of the state finance law.
33 § 2. This act shall take effect on the ninetieth day after it shall
34 have become a law. Effective immediately, the addition, amendment
35 and/or repeal of any rule or regulation necessary for the implementation
36 of this act on its effective date are authorized and directed to be made
37 and completed on or before such effective date.