NY Gen Bus L § 391-U-2 (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 391-U*2 - Restrictions on the Sale and Use of Firefighting Equipment Containing Pfas Chemicals.

* §  391-u. Restrictions on the sale and use of firefighting equipment containing PFAS chemicals. 1.  As  used  in  this  section,  unless  the context clearly requires otherwise:  (a)  "Class  B  firefighting  foam" means foams designed to prevent or extinguish ignitable liquid fires.  (b) "Ignitable liquid fire" means any fire involving  a  flammable  or combustible liquid where blanketing and smothering for vapor suppression is needed to extinguish the fire.  (c)  "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 the use in firefighting  and  rescue  activities,  including jackets, pants, shoes, gloves, helmets, and respiratory equipment.  (d) "Local governments" includes any county, city, town, village, fire district, fire company as defined in section two hundred four-a  of  the general  municipal  law,  regional  fire  protection authority, or other special purpose district that provides firefighting services.  (e)   "Manufacturer"   includes   any   person,   firm,   association, partnership,  corporation,  organization,  joint  venture,  importer  or domestic distributor of firefighting agents or firefighting equipment.  (f)  "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.  (g) "Person" means any individual, partnership, association, public or private  corporation,  limited  liability  company  or any other type of legal or commercial entity, including their members, managers, partners, directors, or officers.   2. No person or state agency shall  discharge  or  otherwise  use  for training  purposes class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals).   3. (a) Commencing two years after the effective date of this  section, no  manufacturer of class B firefighting foam may manufacture, 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  except  as  provided  in  paragraph  (b)  of  this subdivision.  (b) The restrictions in paragraph (a) of this  subdivision  shall  not apply  to the manufacture, sale, or distribution of class B firefighting foam:  (1) For use in suppressing or  preventing  an  ignitable  liquid  fire where  the  office  of fire prevention and control, in consultation with the department of  environmental  conservation  and  the  department  of health,  through  promulgation  of  a  rule,  exempts  a  use of class B firefighting foam on the basis that an alternative firefighting agent to which PFAS chemicals have not  been  intentionally  added  and  that  is effective  in  suppressing or preventing an ignitable liquid fire is not available. If the office of fire prevention and control exempts a use of class B firefighting foam from the restrictions in paragraph (a) of this subdivision, it shall  re-evaluate  available  alternative  firefighting agents  at  least  every  two  years as long as the exemption remains in place, and repeal such exemption upon  a  finding  that  an  alternative firefighting  agent  to which PFAS chemicals have not been intentionally added is available that is effective in  suppressing  or  preventing  an ignitable liquid fire.  (2)  Where the inclusion of PFAS chemicals are required by federal law or regulations. In the event that applicable federal laws or regulations change after the effective date of this section  to  allow  the  use  of  effective  alternative  firefighting  agents  that  do  not contain PFAS chemicals, the office of fire prevention and  control  may  adopt  rules that restrict PFAS chemicals for the manufacture, sale, and distribution of  firefighting  foam for uses that are addressed by the federal law or regulation.   4. (a) A manufacturer of class B firefighting  foam  restricted  under subdivision three of this section shall notify, in writing, persons that sell  the  manufacturer's products in this state about the provisions of this section no less than one year prior to the implementation  date  of the restrictions set forth in subdivision three of this section.  (b)  A  manufacturer  that  produces,  sells, or distributes a class B firefighting foam prohibited under subdivision  three  of  this  section shall   recall   the  product,  which  includes  collection,  transport, treatment, storage and safe disposal, after the implementation  date  of the  restrictions  set  forth  in  subdivision three of this section and reimburse the retailer or any other purchaser for the product.   5. (a) A manufacturer or other person that sells firefighting personal protective equipment to any person, local government,  or  state  agency must  provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals.  The written  notice  must include a statement that the firefighting personal protective  equipment  contains  PFAS  chemicals  and  the  reason  PFAS chemicals are added to the equipment.  (b)   The   manufacturer   or  person  selling  firefighting  personal protective equipment and the purchaser of the equipment must retain  the notice  on  file  for  at  least  three  years  from  the  date  of  the transaction.   6. The office of fire prevention and control  may  issue  guidance  to state  agencies,  fire  protection  districts  and  local governments in avoiding the purchase or use of class B firefighting foams to which PFAS chemicals have  been  intentionally  added  and  to  give  priority  and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.   7.  Any  manufacturer or person in violation of the provisions of this section shall be subject to a civil penalty not to exceed five  thousand dollars for each violation in the case of a first offense. Manufacturers or  persons  that are repeat violators of the provisions of this section shall be subject to a civil penalty not to exceed ten  thousand  dollars for each repeat offense. Penalties collected under this section shall be deposited  in  the  hazardous  waste  remedial  fund  created by section ninety-seven-b of the state finance law.   * NB There are 2 § 391-u's