Bill Text: IA HF2241 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the manufacture, distribution, sale, and use of fire fighting foam and personal protective equipment containing perfluoroalkyl or polyfluoroalkyl substances, providing penalties, making penalties applicable, and including applicability provisions.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-02-04 - Introduced, referred to State Government. H.J. 186. [HF2241 Detail]
Download: Iowa-2019-HF2241-Introduced.html
House
File
2241
-
Introduced
HOUSE
FILE
2241
BY
ISENHART
,
THORUP
,
and
KACENA
A
BILL
FOR
An
Act
relating
to
the
manufacture,
distribution,
sale,
and
1
use
of
fire
fighting
foam
and
personal
protective
equipment
2
containing
perfluoroalkyl
or
polyfluoroalkyl
substances,
3
providing
penalties,
making
penalties
applicable,
and
4
including
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
5556YH
(7)
88
js/ns
H.F.
2241
Section
1.
Section
455E.11,
subsection
2,
paragraph
c,
1
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
2
(1)
The
moneys
collected
pursuant
to
section
sections
3
455F.7
and
455F.12,
and
the
moneys
collected
pursuant
to
4
section
29C.8A
which
that
are
designated
for
deposit
,
shall
5
be
deposited
in
the
household
hazardous
waste
account.
6
Two
thousand
dollars
is
appropriated
annually
to
the
Iowa
7
department
of
public
health
to
carry
out
departmental
duties
8
under
section
135.11,
subsections
18
and
19
,
and
section
9
139A.21
.
The
remainder
of
the
account
shall
be
used
to
fund
10
the
efforts
of
the
department
to
support
a
collection
system
11
for
household
hazardous
materials,
including
public
education
12
programs,
training,
and
consultation
of
local
governments
13
in
the
establishment
and
operation
of
permanent
collection
14
systems,
and
the
management
of
collection
sites,
education
15
programs,
and
other
activities
pursuant
to
chapter
455F
,
16
including
the
administration
of
the
household
hazardous
17
materials
retailer
permit
program
by
the
department
of
revenue.
18
Sec.
2.
NEW
SECTION
.
455F.12
Fire
fighting
foam
19
and
personal
protective
equipment
——
perfluoroalkyl
or
20
polyfluoroalkyl
substances.
21
1.
As
used
in
this
section,
unless
the
context
otherwise
22
requires:
23
a.
“Class
B
fire
fighting
foam”
means
foam
designed
to
24
extinguish
flammable-liquid
fires.
25
b.
“Fire
fighting
personal
protective
equipment”
means
any
26
clothing
designed,
intended,
or
marketed
to
be
worn
or
used
27
by
fire
fighting
personnel
in
the
performance
of
their
duties
28
during
fire
and
rescue
activities,
including
but
not
limited
29
to
jackets,
pants,
shoes,
gloves,
helmets,
and
respiratory
30
equipment.
31
c.
“Perfluoroalkyl
substance”
or
“polyfluoroalkyl
substance”
32
means
a
class
of
fluorinated
organic
chemicals
containing
at
33
least
one
fully
fluorinated
carbon
atom.
34
2.
a.
Except
as
otherwise
provided,
a
person
shall
not
35
-1-
LSB
5556YH
(7)
88
js/ns
1/
5
H.F.
2241
knowingly
manufacture,
sell,
offer
for
sale,
distribute
1
for
sale,
or
distribute
for
use
in
this
state
class
B
fire
2
fighting
foam
that
contains
a
perfluoroalkyl
substance
or
a
3
polyfluoroalkyl
substance
that
was
intentionally
added.
4
b.
Except
as
otherwise
provided,
a
person
shall
not
5
discharge,
or
otherwise
use
for
training
purposes,
a
class
B
6
fire
fighting
foam
that
contains
a
perfluoroalkyl
substance
or
7
a
polyfluoroalkyl
substance
that
was
intentionally
added.
8
3.
a.
Subsection
2
does
not
apply
to
the
manufacture,
9
sale,
distribution,
discharge,
or
use
for
training
purposes
10
of
class
B
fire
fighting
foam
for
which
the
inclusion
of
a
11
perfluoroalkyl
substance
or
a
polyfluoroalkyl
substance
is
12
required
by
federal
law,
including
but
not
limited
to
14
C.F.R.
13
§139.317,
as
that
section
existed
on
January
1,
2020.
14
b.
In
the
event
that
applicable
federal
law
changes
after
15
January
1,
2020,
to
allow
the
use
of
alternative
fire
fighting
16
agents
that
do
not
contain
a
perfluoroalkyl
substance
or
a
17
polyfluoroalkyl
substance,
the
exemption
in
paragraph
“a”
does
18
not
apply.
19
4.
A
manufacturer
that
manufactures,
sells,
or
distributes
20
a
class
B
fire
fighting
foam
of
which
the
manufacture,
sale,
21
and
distribution
is
prohibited
under
subsection
2
shall
recall
22
the
product
and
reimburse
the
retailer
or
any
other
purchaser
23
of
the
product.
24
5.
a.
A
person
who
sells
fire
fighting
personal
protective
25
equipment
shall
provide
written
notice
to
the
purchaser
at
the
26
time
of
sale
if
the
fire
fighting
personal
protective
equipment
27
contains
a
perfluoroalkyl
substance
or
a
polyfluoroalkyl
28
substance.
The
written
notice
shall
include
a
statement
that
29
the
fire
fighting
personal
protective
equipment
contains
a
30
perfluoroalkyl
substance
or
a
polyfluoroalkyl
substance
and
the
31
reason
that
the
perfluoroalkyl
substance
or
polyfluoroalkyl
32
substance
was
added
to
the
equipment.
33
b.
A
person
selling
fire
fighting
personal
protective
34
equipment
and
the
purchaser
of
the
equipment
shall
retain
a
35
-2-
LSB
5556YH
(7)
88
js/ns
2/
5
H.F.
2241
copy
of
the
notice
on
file
for
at
least
three
years
after
the
1
date
of
the
sale.
Upon
request
from
the
department,
a
person
2
shall
furnish
the
notice
and
associated
sales
documents
to
the
3
department
within
sixty
days.
4
6.
The
department
may
request
a
certificate
of
compliance
5
from
a
manufacturer
of
class
B
fire
fighting
foam
or
fire
6
fighting
personal
protective
equipment
sold
in
this
state.
A
7
certificate
of
compliance
must
attest
that
a
manufacturer’s
8
products
and
practices
meet
the
requirements
of
this
section.
9
The
manufacturer
shall
provide
a
certificate
of
compliance
to
10
the
department
within
thirty
days
of
the
date
the
department
11
made
the
request.
12
7.
The
department
shall
assist
state
agencies,
fire
13
protection
districts,
and
local
governments
in
avoiding
the
14
purchase,
discharge,
or
use
for
training
purposes
of
class
B
15
fire
fighting
foam
that
contains
a
perfluoroalkyl
substance
or
16
a
polyfluoroalkyl
substance
that
was
intentionally
added.
17
8.
In
addition
to
the
penalty
imposed
under
section
455F.10,
18
the
department
shall
assess
a
civil
penalty
to
a
person
who
19
violates
this
section.
For
a
first
violation,
the
civil
20
penalty
shall
not
exceed
five
thousand
dollars.
For
a
second
21
or
subsequent
violation,
the
civil
penalty
shall
not
exceed
ten
22
thousand
dollars.
Moneys
collected
by
the
department
under
23
this
subsection
shall
be
remitted
to
the
treasurer
of
state
24
for
deposit
in
the
household
hazardous
waste
account
of
the
25
groundwater
protection
fund
created
in
section
455E.11.
26
Sec.
3.
NOTIFICATION
BY
MANUFACTURERS.
Subject
to
the
civil
27
penalty
imposed
under
section
455F.12,
subsection
8,
as
enacted
28
by
this
Act,
a
manufacturer
of
class
B
fire
fighting
foam
of
29
which
the
manufacture,
sale,
and
distribution
is
prohibited
30
under
section
455F.12,
subsection
2,
as
enacted
by
this
Act,
31
shall
notify,
in
writing,
persons
who
sell
the
manufacturer’s
32
products
in
this
state
about
the
provisions
of
this
Act
no
33
later
than
January
1,
2021.
34
Sec.
4.
APPLICABILITY.
35
-3-
LSB
5556YH
(7)
88
js/ns
3/
5
H.F.
2241
1.
Section
455F.12,
subsection
2,
as
enacted
by
this
Act,
1
applies
to
the
manufacture,
sale,
offer
for
sale,
distribution
2
for
sale,
distribution
for
use,
discharge,
or
use
for
training
3
purposes
of
class
B
fire
fighting
foam
on
and
after
January
1,
4
2022.
5
2.
Section
455F.12,
subsection
5,
as
enacted
by
this
Act,
6
applies
to
the
sale
of
fire
fighting
personal
protective
7
equipment
on
and
after
January
1,
2021.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
fire
fighting
foam
and
personal
12
protective
equipment
that
contain
certain
chemicals.
13
The
bill
prohibits
the
manufacture,
sale,
distribution,
14
discharge,
or
use
for
training
purposes
of
class
B
fire
15
fighting
foam
that
contains
an
intentionally
added
16
perfluoroalkyl
or
polyfluoroalkyl
substance
on
and
after
17
January
1,
2022.
The
bill
makes
an
exception
for
class
B
fire
18
fighting
foam
for
which
such
substances
are
required
to
be
19
added
under
federal
law.
20
The
bill
requires
a
manufacturer
who
sells
prohibited
fire
21
fighting
foam
to
notify
persons
who
sell
the
foam
of
the
22
restrictions
in
the
bill
by
January
1,
2021,
and
issue
a
recall
23
for
prohibited
fire
fighting
foam.
24
On
and
after
January
1,
2021,
the
bill
requires
a
25
manufacturer
of
fire
fighting
personal
protective
equipment
to
26
notify
a
purchaser
if
the
equipment
contains
a
perfluoroalkyl
27
or
polyfluoroalkyl
substance.
The
manufacturer
must
include
in
28
the
notice
the
reason
why
the
equipment
contains
the
substance.
29
The
bill
requires
the
manufacturer
and
the
purchaser
to
keep
30
a
copy
of
the
notice
on
file
for
three
years
after
the
date
of
31
the
sale
and
provide
a
copy
of
the
notice
to
the
department
of
32
natural
resources
within
60
days
of
the
department’s
request
33
to
furnish
the
notice.
34
The
bill
authorizes
the
department
to
request
a
certificate
35
-4-
LSB
5556YH
(7)
88
js/ns
4/
5
H.F.
2241
of
compliance
from
a
manufacturer
of
class
B
fire
fighting
foam
1
or
fire
fighting
personal
protective
equipment
sold
in
the
2
state.
The
certificate
shall
attest
that
the
manufacturer’s
3
products
and
practices
meet
the
requirements
of
the
bill.
The
4
bill
requires
the
department
to
assist
governmental
entities
in
5
avoiding
the
purchase,
discharge,
or
use
for
training
purposes
6
of
class
B
fire
fighting
foam
that
contains
an
intentionally
7
added
perfluoroalkyl
or
polyfluoroalkyl
substance.
8
A
first
violation
of
the
bill
is
punishable
by
a
civil
9
penalty
of
up
to
$5,000.
A
subsequent
violation
of
the
bill
10
is
punishable
by
a
civil
penalty
of
up
to
$10,000.
Civil
11
penalties
collected
for
a
violation
of
the
bill
shall
be
12
remitted
to
the
treasurer
of
state
for
deposit
in
the
household
13
hazardous
waste
account
of
the
groundwater
protection
fund.
14
By
operation
of
law,
a
violation
of
the
bill
is
a
simple
15
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
16
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
17
than
$625
or
by
both.
18
-5-
LSB
5556YH
(7)
88
js/ns
5/
5
