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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain hazardous substances used in |
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firefighting products; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 6, Health and Safety Code, is |
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amended by adding Chapter 501A to read as follows: |
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CHAPTER 501A. REGULATION OF CERTAIN HAZARDOUS SUBSTANCES USED IN |
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FIREFIGHTING PRODUCTS |
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Sec. 501A.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Perfluoroalkyl and polyfluoroalkyl chemicals" |
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means a class of fluorinated organic chemicals containing at least |
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one fully fluorinated carbon atom. |
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Sec. 501A.002. DISCHARGE OR USE OF CERTAIN FIREFIGHTING |
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FOAMS PROHIBITED. A person may not discharge or otherwise use a |
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firefighting foam designed to extinguish flammable liquid fires |
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that contains intentionally added perfluoroalkyl and |
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polyfluoroalkyl chemicals, including the discharge or use of a |
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firefighting foam described by this section during or for the |
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training of firefighters. |
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Sec. 501A.003. MANUFACTURE, SALE, AND DISTRIBUTION OF |
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CERTAIN FIREFIGHTING FOAMS PROHIBITED. Unless otherwise required |
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by federal law, a manufacturer of firefighting foams may not |
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manufacture, knowingly sell, offer for sale, distribute for sale, |
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or distribute for use in this state a firefighting foam designed to |
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extinguish flammable liquid fires that contains intentionally |
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added perfluoroalkyl and polyfluoroalkyl chemicals. |
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Sec. 501A.0035. RECALL OF CERTAIN FIREFIGHTING FOAMS. (a) |
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Not later than March 1, 2023, a manufacturer of a firefighting foam |
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described by Section 501A.003 shall provide to each person who |
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sells the firefighting foam in this state written notice of the |
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prohibition described by that section. |
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(b) Not later than March 1, 2024, a manufacturer of a |
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firefighting foam described by Section 501A.003 shall recall the |
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firefighting foam sold or distributed throughout this state and |
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provide reimbursement to each retailer or other person subject to |
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the recall. In recalling a firefighting foam under this subsection, |
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the manufacturer shall: |
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(1) ensure the safe transport and storage of the |
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firefighting foam; and |
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(2) maintain documentation on the locations at which |
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the manufacturer stores recalled firefighting foam and the total |
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amount stored at each location. |
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(c) A manufacturer shall store recalled firefighting foam |
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in accordance with Subsection (b)(1), at the cost of the |
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manufacturer, for the time as necessary for the department to |
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determine a safe method for disposal of the firefighting foam. |
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(d) On request of the attorney general or a district |
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attorney, a manufacturer shall provide to the attorney general or |
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district attorney the documentation maintained by the manufacturer |
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under Subsection (b)(2). |
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(e) This section expires September 1, 2027. |
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Sec. 501A.004. NOTICE REQUIREMENTS FOR SALE OF CERTAIN |
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PERSONAL PROTECTIVE EQUIPMENT. (a) A manufacturer or other person |
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who sells to a person in this state firefighting personal |
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protective equipment that contains perfluoroalkyl and |
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polyfluoroalkyl chemicals shall provide to the person, at the time |
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of the sale, written notice that: |
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(1) includes a statement warning the equipment |
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contains perfluoroalkyl and polyfluoroalkyl chemicals; and |
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(2) lists the reasons the perfluoroalkyl and |
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polyfluoroalkyl chemicals were added to the equipment. |
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(b) A manufacturer or other person who sells firefighting |
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personal protective equipment that contains perfluoroalkyl and |
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polyfluoroalkyl chemicals shall maintain copies of each written |
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notice provided by the manufacturer or person under Subsection (a) |
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until at least the third anniversary of the date the equipment was |
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sold. The manufacturer or other person shall provide to the |
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department on request not later than the 60th day after the date the |
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request is received a copy of the written notice and any associated |
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sales records. |
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Sec. 501A.005. VERIFICATION OF COMPLIANCE. Not later than |
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the 30th day after the date a manufacturer of firefighting foams or |
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firefighting personal protective equipment receives a request from |
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the department, the manufacturer shall prepare and submit to the |
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department, in the form and manner prescribed by the department, a |
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written verification of the manufacturer's compliance with this |
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chapter. |
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Sec. 501A.006. ASSISTANCE IN PURCHASE OF FIREFIGHTING |
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PRODUCTS. The department shall develop and implement a process to |
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provide purchasing assistance to governmental entities to ensure |
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the entities: |
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(1) avoid purchasing firefighting foam designed to |
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extinguish flammable liquid fires that contains intentionally |
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added perfluoroalkyl and polyfluoroalkyl chemicals; and |
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(2) are encouraged to purchase firefighting personal |
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protective equipment that does not contain perfluoroalkyl and |
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polyfluoroalkyl chemicals. |
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Sec. 501A.007. CIVIL PENALTY. (a) A manufacturer or other |
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person who violates this chapter is subject to a civil penalty in an |
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amount of: |
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(1) for a first violation, $5,000; and |
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(2) for a second and each subsequent violation, |
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$10,000. |
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(b) Each day a violation occurs or continues to occur is a |
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separate violation for purposes of assessing a penalty under this |
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section. |
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(c) On request of the department, the attorney general may |
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bring an action in a district court to collect a civil penalty under |
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this section. The attorney general and the department may recover |
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reasonable expenses incurred in obtaining relief under this |
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section, including court costs, attorney's fees, investigation |
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costs, witness fees, and deposition expenses. |
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(d) A civil penalty collected under this section shall be |
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deposited to the credit of the clean air account in the general |
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revenue fund. |
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SECTION 2. (a) Notwithstanding 501A.002, Health and Safety |
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Code, as added by this Act, a person who uses a firefighting foam |
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designed to extinguish flammable liquid fires that contains |
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intentionally added perfluoroalkyl and polyfluoroalkyl chemicals |
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during or for the training of firefighters is not required to comply |
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with that section until January 1, 2022. |
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(b) Notwithstanding Section 501A.003, Health and Safety |
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Code, as added by this Act, a manufacturer of a firefighting foam |
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designed to extinguish flammable liquid fires that contains |
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intentionally added perfluoroalkyl and polyfluoroalkyl chemicals |
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is not required to comply with that section until January 1, 2022. |
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(c) Notwithstanding Section 501A.004, Health and Safety |
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Code, as added by this Act, a manufacturer or other person who sells |
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firefighting personal protective equipment is not required to |
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comply with that section until January 1, 2022. |
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SECTION 3. This Act takes effect September 1, 2021. |