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SB-1044 Firefighting equipment and foam: PFAS chemicals.(2019-2020)

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Date Published: 05/18/2020 02:00 PM
SB1044:v98#DOCUMENT

Amended  IN  Senate  May 18, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1044


Introduced by Senator Allen

February 18, 2020


An act to add Sections 13029, 13061, and 13062 to the Health and Safety Code, relating to fire protection.


LEGISLATIVE COUNSEL'S DIGEST


SB 1044, as amended, Allen. Firefighting equipment and foam: PFAS chemicals.
Existing law authorizes the State Fire Marshal to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state and requires the State Fire Marshal to notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to bring their equipment into conformity with standard requirements.
This bill, commencing January 1, 2022, would require any person, including a manufacturer, as defined, that sells firefighter personal protective equipment to any person or public entity to provide a written notice to the purchaser at the time of sale if the firefighter personal protective equipment contains perfluoroalkyl and polyfluoroalkyl substances (PFAS), and would provide that a violation of this requirement is punishable by a specified civil penalty. The bill would require the seller and the purchaser to retain the notice on file for at least 3 years and to furnish the notice and associated sales documentation to the State Fire Marshal within 60 days upon request, as provided. The bill would authorize the State Fire Marshal to request from a manufacturer manufacturer, and the bill would require the manufacturer to provide, a certificate of compliance that certifies that the manufacturer is in compliance with these provisions. The bill would provide that a violation of this requirement by a manufacturer would be punishable by a specified civil penalty.
The bill, commencing January 1, 2022, would prohibit prohibit, except as provided, a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state state, and would prohibit a person from using in this state, class B firefighting foam to which PFAS chemicals have been intentionally added, and would provide that a violation of this prohibition is punishable by a specified civil penalty. added. The bill would require a manufacturer to provide a specified notice to persons that sell the manufacturer’s products in the state and to recall prohibited products, as provided. The bill would provide that a violation of these provisions is punishable by a specified civil penalty. The bill would require the State Fire Marshal to develop guidance, provide information, and offer resources relating to this prohibition to assist public entities, as provided. inform public entities that provide firefighting services of the above prohibition. The bill, commencing January 1, 2022, would prohibit a person or public entity person, including a public entity, from discharging or otherwise using for training purposes class B firefighting foam that contains intentionally added PFAS chemicals, and would provide that a violation of this prohibition is punishable by a specified civil penalty.
This bill would state that its provisions are severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13029 is added to the Health and Safety Code, to read:

13029.
 (a) For purposes of this section, the following definitions apply:
(1) “Firefighter personal protective equipment” means personal protective equipment covered by the general industry safety orders in Sections 3403 to 3411, inclusive, of Title 8 of the California Code of Regulations.
(2) “Manufacturer” means a person, firm, association, partnership, corporation, organization, or joint venture that manufactures, imports, or distributes domestically firefighter personal protective equipment.
(3) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(4) “Public entity” has the same meaning specified in Section 13050.1.
(b) (1) Commencing January 1, 2022, any person, including a manufacturer, that sells firefighter personal protective equipment to any person or public entity shall provide a written notice to the purchaser at the time of sale if the firefighter personal protective equipment contains PFAS chemicals. The written notice shall include a statement that the firefighter personal protective equipment contains PFAS chemicals and the reason that PFAS chemicals are added to the equipment.
(2) The person selling firefighter personal protective equipment and the purchaser of the equipment shall retain the written notice on file for at least three years from the date of the transaction. Within 60 days of a request by the State Fire Marshal, the seller or purchaser of firefighter personal protective equipment shall furnish to the State Fire Marshal the written notice, or a copy of the written notice, and associated sales documentation.
(c) The State Fire Marshal may request from a manufacturer manufacturer, and a manufacturer shall provide, a certificate of compliance that certifies that the manufacturer is in compliance with subdivisions (a) and (b) for that manufacturer’s firefighter personal protective equipment.
(d) (1) Except as provided in paragraph (2), a person or public entity person, including a manufacturer, that violates subdivision (b) or (c) shall pay to the State Fire Marshal be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.
(2) An individual firefighter shall not be personally liable for payment of the civil penalty imposed pursuant to paragraph (1).

SEC. 2.

 Section 13061 is added to the Health and Safety Code, to read:

13061.
 (a) For purposes of this section, the following definitions apply:
(1) “Class B firefighting foam” means foam designed to prevent or extinguish flammable liquid fires. a fire in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases.
(2) “Large atmospheric storage tank” means an open top floating roof storage tank for flammable liquids that is greater than 40 meters in diameter.

(2)

(3) “Manufacturer” means a person, firm, association, partnership, corporation, organization, or joint venture that manufactures, imports, or distributes class B firefighting foam.

(3)

(4) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(4)

(5) “Public entity” has the same meaning specified in Section 13050.1.
(6) “Terminal” means a fuel storage and distribution facility that has been assigned a terminal control number by the United States Internal Revenue Service.
(b) (1) Commencing Except as provided in paragraphs (2) and (3), commencing January 1, 2022, a manufacturer of class B firefighting foam shall not manufacture, or knowingly sell, offer for sale, distribute for sale, or distribute for use in this state state, and no person shall use in this state, class B firefighting foam to which PFAS chemicals have been intentionally added.
(2) Paragraph (1) does not apply until January 1, 2024, to any manufacture, sale, or distribution of class B firefighting foam to, or to use by, a person exclusively for use on a large atmospheric storage tank at a terminal operated by the person, a chemical plant operated by the person, or an oil refinery operated by the person.

(2)Paragraph (1)

(3) This subdivision does not apply to any manufacture, sale, or distribution of class B firefighting foam for which the inclusion of PFAS chemicals are is required by federal law, including, but not limited to, Section 139.317 of Title 14 of the Code of Federal Regulations.
(c) No later than July 1, 2021, a manufacturer of class B firefighting foam shall notify, in writing, persons that sell the manufacturer’s products in the state about the provisions of this section.
(d) A manufacturer that manufactures, sells, or distributes a class B firefighting foam prohibited pursuant to subdivision (b) shall recall the product by January 1, 2022, pursuant to paragraph (1) of subdivision (b), and January 1, 2024, pursuant to paragraph (2) of subdivision (b), and reimburse the retailer or any other purchaser for the product. A recall of the product shall include safe transport and storage and documentation of the amount and storage location of the PFAS containing firefighting foam, unless and until the California Environmental Protection Agency formally identifies a safe disposal technology. The manufacturer shall provide this documentation to the State Fire Marshal upon request.
(e) The Prior to January 1, 2022, the State Fire Marshal shall develop guidance to assist inform public entities that provide firefighting services, inform them services of the upcoming ban, and offer resources to help those public entities convert their equipment. prohibitions of this section.
(f) The State Fire Marshal may request from a manufacturer manufacturer, and a manufacturer shall provide, a certificate of compliance that certifies that the manufacturer is in compliance with this section for that manufacturer’s class B firefighting foam.
(g) (1) Except as provided in paragraph (2), a person or public entity person, including a manufacturer that violates subdivision (b) (b), (c), (d), or (f) shall pay to the State Fire Marshal be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.
(2) An individual firefighter shall not be personally liable for payment of the civil penalty imposed pursuant to paragraph (1).

SEC. 3.

 Section 13062 is added to the Health and Safety Code, to read:

13062.
 (a) Commencing January 1, 2022, a person or public entity person, including a public entity, shall not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.
(b) (1) Except as provided in paragraph (2), a person or public entity person, including a public entity, that violates subdivision (a) shall pay to the State Fire Marshal be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.
(2) An individual firefighter shall not be personally liable for payment of the civil penalty imposed pursuant to paragraph (1).

SEC. 4.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.