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

This bill relates to fire fighting foam and personal protective equipment that contain certain chemicals. The bill prohibits the manufacture, sale, distribution, discharge, or use for training purposes of class B fire fighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance on and after January 1, 2022. The bill makes an exception for class B fire fighting foam for which such substances are required to be added under federal law. The bill requires a manufacturer who sells prohibited fire fighting foam to notify persons who sell the foam of the restrictions in the bill by January 1, 2021, and issue a recall for prohibited fire fighting foam. On and after January 1, 2021, the bill requires a manufacturer of fire fighting personal protective equipment to notify a purchaser if the equipment contains a perfluoroalkyl or polyfluoroalkyl substance. The manufacturer must include in the notice the reason why the equipment contains the substance. The bill requires the manufacturer and the purchaser to keep a copy of the notice on file for three years after the date of the sale and provide a copy of the notice to the department of natural resources within days of the department’s request to furnish the notice. The bill authorizes the department to request a certificate of compliance from a manufacturer of class B fire fighting foam or fire fighting personal protective equipment sold in the state. The certificate shall attest that the manufacturer’s products and practices meet the requirements of the bill. The bill requires the department to assist governmental entities in avoiding the purchase, discharge, or use for training purposes of class B fire fighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance. A first violation of the bill is punishable by a civil penalty of up to $5,000. A subsequent violation of the bill is punishable by a civil penalty of up to $10,000. Civil penalties collected for a violation of the bill shall be remitted to the treasurer of state for deposit in the household hazardous waste account of the groundwater protection fund. By operation of law, a violation of the bill is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both.