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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge or use of certain firefighting foams for |
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testing or training. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 501, Health and Safety |
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Code, is amended by adding Section 501.027 to read as follows: |
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Sec. 501.027. DISCHARGE OR USE OF CERTAIN FIREFIGHTING |
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FOAMS PROHIBITED FOR TESTING OR TRAINING. (a) In this section: |
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(1) "Fixed foam system" means a complete installation |
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engineered for flammable liquid fire hazards that discharges |
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through a fixed discharge device foam piped from a central foam |
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station onto a flammable liquid fire hazard. The installation must |
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have permanently installed foam proportioning components and may |
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contain multiple listed components and foam. |
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(2) "Perfluoroalkyl and polyfluoroalkyl chemicals" |
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means non-polymeric perfluoroalkyl substances, saturated |
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polyfluoroalkyl substances, and side-chain fluorinated polymers |
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that contain at least two fully fluorinated sequential carbon |
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atoms. The term does not include gases or substances that become |
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gases in use that are otherwise regulated by state or federal laws, |
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rules, or regulations, or by international protocols. |
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(3) "Testing facility" means a facility, including a |
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facility used for firefighter training, that allows for the |
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discharge of firefighting foam in a nonemergency situation for the |
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evaluation and calibration of firefighting equipment and foam. |
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(b) A person may not discharge a Class B 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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(1) during or for the training of firefighters; or |
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(2) during or for testing, including calibration |
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testing, conformance testing, or fixed foam system testing, unless |
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the discharge or use: |
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(A) is otherwise: |
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(i) required by law or a rule or order of |
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the applicable state agency or political subdivision; or |
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(ii) necessary to meet applicable National |
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Fire Protection Association standards; and |
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(B) occurs in a testing facility that has |
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implemented appropriate containment, treatment, and disposal |
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measures to prevent the release of the foam into the environment. |
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(c) A person shall use a non-fluorinated firefighting |
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training foam or other non-fluorinated surrogate during or for the |
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training of firefighters. Training that uses a non-fluorinated |
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firefighting training foam or other non-fluorinated surrogate |
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under this subsection must be conducted in a manner that ensures |
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collection of the used foam or surrogate, regardless of the foam or |
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surrogate type. |
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(d) This section does not prohibit or restrict: |
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(1) the manufacture, sale, or distribution of |
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firefighting foam that contains intentionally added perfluoroalkyl |
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and polyfluoroalkyl chemicals; or |
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(2) the discharge or use of firefighting foam that |
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contains intentionally added perfluoroalkyl and polyfluoroalkyl |
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chemicals during emergency firefighting operations. |
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SECTION 2. This Act takes effect September 1, 2025. |