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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 a class of fluorinated organic chemicals containing at least |
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one fully fluorinated carbon atom and designed to be fully |
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functional in a Class B firefighting foam used to extinguish |
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flammable liquid fire. |
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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 required by law or a rule or |
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order of the applicable state agency or political subdivision; 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. Notwithstanding Section 501.027, Health and |
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Safety Code, as added by this Act, a person who uses a firefighting |
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foam 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 or testing is not |
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required to comply with that section until January 1, 2027. |
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SECTION 3. This Act takes effect September 1, 2025. |