87R11173 JG-D
 
  By: Morales Shaw H.B. No. 4506
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain hazardous substances used in
  firefighting products; providing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 6, Health and Safety Code, is
  amended by adding Chapter 501A to read as follows:
  CHAPTER 501A. REGULATION OF CERTAIN HAZARDOUS SUBSTANCES USED IN
  FIREFIGHTING PRODUCTS
         Sec. 501A.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of State Health
  Services.
               (2)  "Perfluoroalkyl and polyfluoroalkyl chemicals"
  means a class of fluorinated organic chemicals containing at least
  one fully fluorinated carbon atom.
         Sec. 501A.002.  DISCHARGE OR USE OF CERTAIN FIREFIGHTING
  FOAMS PROHIBITED. A person may not discharge or otherwise use a
  firefighting foam designed to extinguish flammable liquid fires
  that contains intentionally added perfluoroalkyl and
  polyfluoroalkyl chemicals, including the discharge or use of a
  firefighting foam described by this section during or for the
  training of firefighters.
         Sec. 501A.003.  MANUFACTURE, SALE, AND DISTRIBUTION OF
  CERTAIN FIREFIGHTING FOAMS PROHIBITED. Unless otherwise required
  by federal law, a manufacturer of firefighting foams may not
  manufacture, knowingly sell, offer for sale, distribute for sale,
  or distribute for use in this state a firefighting foam designed to
  extinguish flammable liquid fires that contains intentionally
  added perfluoroalkyl and polyfluoroalkyl chemicals.
         Sec. 501A.0035.  RECALL OF CERTAIN FIREFIGHTING FOAMS. (a)
  Not later than March 1, 2023, a manufacturer of a firefighting foam
  described by Section 501A.003 shall provide to each person who
  sells the firefighting foam in this state written notice of the
  prohibition described by that section.
         (b)  Not later than March 1, 2024, a manufacturer of a
  firefighting foam described by Section 501A.003 shall recall the
  firefighting foam sold or distributed throughout this state and
  provide reimbursement to each retailer or other person subject to
  the recall. In recalling a firefighting foam under this subsection,
  the manufacturer shall:
               (1)  ensure the safe transport and storage of the
  firefighting foam; and
               (2)  maintain documentation on the locations at which
  the manufacturer stores recalled firefighting foam and the total
  amount stored at each location.
         (c)  A manufacturer shall store recalled firefighting foam
  in accordance with Subsection (b)(1), at the cost of the
  manufacturer, for the time as necessary for the department to
  determine a safe method for disposal of the firefighting foam.
         (d)  On request of the attorney general or a district
  attorney, a manufacturer shall provide to the attorney general or
  district attorney the documentation maintained by the manufacturer
  under Subsection (b)(2).
         (e)  This section expires September 1, 2027.
         Sec. 501A.004.  NOTICE REQUIREMENTS FOR SALE OF CERTAIN
  PERSONAL PROTECTIVE EQUIPMENT. (a) A manufacturer or other person
  who sells to a person in this state firefighting personal
  protective equipment that contains perfluoroalkyl and
  polyfluoroalkyl chemicals shall provide to the person, at the time
  of the sale, written notice that:
               (1)  includes a statement warning the equipment
  contains perfluoroalkyl and polyfluoroalkyl chemicals; and
               (2)  lists the reasons the perfluoroalkyl and
  polyfluoroalkyl chemicals were added to the equipment.
         (b)  A manufacturer or other person who sells firefighting
  personal protective equipment that contains perfluoroalkyl and
  polyfluoroalkyl chemicals shall maintain copies of each written
  notice provided by the manufacturer or person under Subsection (a)
  until at least the third anniversary of the date the equipment was
  sold. The manufacturer or other person shall provide to the
  department on request not later than the 60th day after the date the
  request is received a copy of the written notice and any associated
  sales records.
         Sec. 501A.005.  VERIFICATION OF COMPLIANCE. Not later than
  the 30th day after the date a manufacturer of firefighting foams or
  firefighting personal protective equipment receives a request from
  the department, the manufacturer shall prepare and submit to the
  department, in the form and manner prescribed by the department, a
  written verification of the manufacturer's compliance with this
  chapter.
         Sec. 501A.006.  ASSISTANCE IN PURCHASE OF FIREFIGHTING
  PRODUCTS. The department shall develop and implement a process to
  provide purchasing assistance to governmental entities to ensure
  the entities:
               (1)  avoid purchasing firefighting foam designed to
  extinguish flammable liquid fires that contains intentionally
  added perfluoroalkyl and polyfluoroalkyl chemicals; and
               (2)  are encouraged to purchase firefighting personal
  protective equipment that does not contain perfluoroalkyl and
  polyfluoroalkyl chemicals.
         Sec. 501A.007.  CIVIL PENALTY. (a) A manufacturer or other
  person who violates this chapter is subject to a civil penalty in an
  amount of:
               (1)  for a first violation, $5,000; and
               (2)  for a second and each subsequent violation,
  $10,000.
         (b)  Each day a violation occurs or continues to occur is a
  separate violation for purposes of assessing a penalty under this
  section.
         (c)  On request of the department, the attorney general may
  bring an action in a district court to collect a civil penalty under
  this section. The attorney general and the department may recover
  reasonable expenses incurred in obtaining relief under this
  section, including court costs, attorney's fees, investigation
  costs, witness fees, and deposition expenses.
         (d)  A civil penalty collected under this section shall be
  deposited to the credit of the clean air account in the general
  revenue fund.
         SECTION 2.  (a) Notwithstanding 501A.002, Health and Safety
  Code, as added by this Act, a person who uses a firefighting foam
  designed to extinguish flammable liquid fires that contains
  intentionally added perfluoroalkyl and polyfluoroalkyl chemicals
  during or for the training of firefighters is not required to comply
  with that section until January 1, 2022.
         (b)  Notwithstanding Section 501A.003, Health and Safety
  Code, as added by this Act, a manufacturer of a firefighting foam
  designed to extinguish flammable liquid fires that contains
  intentionally added perfluoroalkyl and polyfluoroalkyl chemicals
  is not required to comply with that section until January 1, 2022.
         (c)  Notwithstanding Section 501A.004, Health and Safety
  Code, as added by this Act, a manufacturer or other person who sells
  firefighting personal protective equipment is not required to
  comply with that section until January 1, 2022.
         SECTION 3.  This Act takes effect September 1, 2021.