Bill Text: TX HB4506 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the regulation of certain hazardous substances used in firefighting products; providing civil penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Environmental Regulation [HB4506 Detail]
Download: Texas-2021-HB4506-Introduced.html
87R11173 JG-D | ||
By: Morales Shaw | H.B. No. 4506 |
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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. |