Section 7. Effective date.
This act shall take effect immediately.
SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A SECTION TO READ:
ยง 7389. FIREFIGHTING FOAM MANAGEMENT.
(A) PROHIBITED CONDUCT.--THE FOLLOWING SHALL APPLY:
(1) BEGINNING JANUARY 1, 2023, NO PERSON, FIREFIGHTING
ENTITY, THE COMMONWEALTH NOR A MUNICIPALITY MAY DISCHARGE OR
OTHERWISE USE A CLASS B FIREFIGHTING FOAM THAT CONTAINS AN
INTENTIONALLY ADDED PFAS CHEMICAL FOR:
(I) TESTING PURPOSES AT A FACILITY, UNLESS:
(A) OTHERWISE REQUIRED BY LAW OR THE
GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE
TESTING FACILITY; AND
(B) THE FACILITY HAS IMPLEMENTED APPROPRIATE
CONTAINMENT, TREATMENT AND DISPOSAL MEASURES TO
PREVENT THE UNCONTROLLED RELEASE OF THE CLASS B
FIREFIGHTING FOAM INTO THE ENVIRONMENT; OR
(II) TRAINING PURPOSES, UNLESS THE TRAINING INVOLVES
REPLACING THE CLASS B FIREFIGHTING FOAM THAT CONTAINS AN
INTENTIONALLY ADDED PFAS CHEMICAL WITH NONFLUORINATED
TRAINING FOAM.
(2) THE STATE FIRE COMMISSIONER SHALL ASSIST
FIREFIGHTING ENTITIES WITH EVALUATING AND DETERMINING HOW TO
TRANSITION TO THE USE OF CLASS B FIREFIGHTING FOAM THAT DOES
NOT CONTAIN AN INTENTIONALLY ADDED PFAS CHEMICAL FOR TESTING
PURPOSES.
(3) (I) AN INDIVIDUAL OR FIRE DEPARTMENT WHO
ADMINISTERS A TRAINING PROGRAM IN VIOLATION OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
20210SB0302PN1773 - 4 -
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