law24345

Chapter 345

2024 -- S 2152 SUBSTITUTE A AS AMENDED
Enacted 06/26/2024

A N A C T

RELATING TO HEALTH AND SAFETY -- CONSUMER PFAS BAN ACT OF 2024

Introduced By: Senators Kallman, DiMario, Miller, Ujifusa, Britto, Euer, Sosnowski, Pearson, Lawson, and Valverde

Date Introduced: January 24, 2024

It is enacted by the General Assembly as follows:

SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 18.18

CONSUMER PFAS BAN ACT OF 2024

23-18.18-1. Short title.

This chapter shall be known and may be cited as the "Consumer PFAS Ban Act of 2024".

23-18.18-2. Legislative intent.

It is the intent of the general assembly to ban uses of PFAS in covered products by January

1, 2029, unless the use of PFAS in the covered product is considered unavoidable.

23-18.18-3. Definitions.

As used in this chapter:

(1) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.

(2) "Apparel" means any of the following:

(i) Clothing items intended for regular wear or formal occasions, including, but not limited

to,: undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear,

suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms,

everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for

workwear. Clothing items intended for regular wear or formal occasions does not include personal

protective equipment or clothing items for exclusive use by the United States military; and

(ii) Outdoor apparel.

(3) "Artificial turf" means a man-made material which that simulates the appearance of

live turf, organic turf, grass, sod, or lawn.

(4) "Carpet" or "rug" means a consumer product made from natural or synthetic fabric

intended for use as a floor covering inside commercial or residential buildings. "Carpet or rug" does

not include:

(i) A carpet or rug intended solely for outdoor use;

(ii) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile,

light duty truck, van, bus, or any other vehicle and any aftermarket or replacement part marketed

solely for use in a vehicle;

(iii) A resilient floor covering;

(iv) Artificial turf;

(v) A wall hanging or covering;

(vi) A table mat; or

(vvii) A camping sleeping mat.

(5) "Cookware" means durable cookware items that are used in homes and restaurants to

prepare, dispense, or store food, foodstuffs, or beverages. "Cookware" includes pots, pans, skillets,

grills, baking sheets, baking molds, trays, bowls, and cooking utensils.

(6) "Cosmetic" means:

(i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or

otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting

attractiveness, or altering the appearance; and

(ii) Articles intended for use as a component of any such article; except that such term shall

not include soap.

(7) "Covered product" means the following:

(i) Artificial turf;

(ii) Carpets or rugs;

(iii) Cookware;

(iv) Cosmetics;

(v) Fabric treatments;

(vi) Juvenile products;

(vii) Menstrual products;

(viii) Ski wax;

(ix) Textile articles.

(8) "Department" means the department of environmental management.

(9) "Director" means the director of the department of environmental management.

(10) "Fabric treatment" means a substance applied to fabric to give the fabric one or more

characteristics, including, but not limited to, stain resistance or water resistance.

(11) "Ingredient" has the same meaning as defined 21 C.F.R. Part 700 § 700.3(e) and does

not include any incidental ingredient as defined in 21 C.F.R. Part 701 § 701.3.

(12) "Intentionally added PFAS" means PFAS added to a covered product or one of its

product components to provide a specific characteristic, appearance, or quality or to perform a

specific function. "Intentionally added PFAS" also includes any degradation byproducts of PFAS

or PFAS that are intentional breakdown products of an added chemical. The use of PFAS as a

processing agent, mold release agent, or intermediate is considered intentional introduction for the

purposes of this chapter where PFAS is detected in the final covered product.

(13) "Juvenile product" means a product designed for use by infants and children under

twelve (12) years of age, including, but not limited to,: a baby or toddler foam pillow, bassinet,

bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and

aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant

carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot,

nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow,

portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib,

stroller, and toddler mattress. "Juvenile product" shall not include any of the following:

(i) A children's electronic product, including, but not limited to,: a personal computer,

audio and video equipment, calculator, wireless phone, game console, handheld device

incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply

unit, power cord, film, camera, audio, visual, or imaging equipment or sensors;

(ii) A medical device;

(iii) An adult mattress; or

(iv) Children's electronic products containing integrated circuits, semiconductor package,

or device that contains a semiconductor chip.

(14) "Manufacturer" means the person that manufactures a product or whose brand name

is affixed to the product. In the case of a product imported into the United States, "manufacturer"

includes the importer or first domestic distributor of the product if the person that manufactured or

assembled the product or whose brand name is affixed to the product does not have a presence in

the United States.

(15) "Medical device" has the same meaning as the term "device" as defined in 21 United

States Code U.S.C. § 321(h).

(16) "Menstrual product" means a product used to collect menstruation and vaginal

discharge, including, but not limited to,: tampons, pads, sponges, menstruation underwear, disks,

applicators, and menstrual cups, whether disposable or reusable.

(17) "Outdoor apparel" means clothing items intended primarily for outdoor activities,

including, but not limited to,: hiking, camping, skiing, climbing, bicycling, and fishing.

(18) "Outdoor apparel for severe wet conditions" means apparel that are extreme- and

extended-use products designed for outdoor sports experts for applications that provide protection

against extended exposure to extreme rain conditions or against extended immersion in water or

wet conditions, such as from snow, in order to protect the health and safety of the user and that are

not marketed for general consumer use. Examples of extreme and extended use products include

outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.

(19) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that

include any member of the class of fluorinated organic chemicals containing at least one fully

fluorinated carbon atom.

(20) "Personal protective equipment" means equipment worn to minimize exposure to

hazards that cause serious workplace injuries and illnesses that may result from contact with

chemical, radiological, physical, biological, electrical, mechanical, or other workplace or

professional hazards.

(21) "Product" means an item manufactured, assembled, packaged, or otherwise prepared

for sale to consumers, including its product components, sold or distributed for personal or

residential use, including for use in making other products. "Product" does not mean used products

offered for sale or resale.

(22) "Product component" means an identifiable component of a product, regardless of

whether the manufacturer of the product is the manufacturer of the component.

(23) "Ski wax" means a lubricant applied to the bottom of snow runners, including, but not

limited to, skis and snowboards to improve their grip or glide properties. "Ski wax" includes related

tuning products.

(24) "Textile" means any item made in whole or part from a natural, manmade, or synthetic

fiber, yarn, or fabric, and includes, but is not limited to,: leather, cotton, silk, jute, hemp, wool,

viscose, nylon, or polyester. "Textile" does not include single-use paper hygiene products,

including, but not limited to,: toilet paper, paper towels or tissues, or single-use absorbent hygiene

products.

(25) "Textile articles" means textile goods of a type customarily and ordinarily used in

households and businesses, and include, but are not limited to,: apparel, accessories, handbags,

backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and

tablecloths. "Textile articles" does not include:

(i) A carpet or rug;

(ii) A treatment for use on covered textiles or leathers;

(iii) A textile used in or designed for laboratory analysis and testing;

(iv) A stadium shade or other architectural fabric structure; or

(v) Filtration or separation media processing equipment and plumbing, or a filter product

used in industrial applications, including but not limited to, chemical or pharmaceutical

manufacturing and environmental control technologies.

23-18.18-4. Prohibition on use of PFAS.

(a) Except as provided otherwise in this section, on and after January 1, 2027, no person

shall manufacture, sell, offer for sale, or distribute for sale in the state any covered product that

contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.

(b) Except as provided otherwise in this section, on and after January 1, 2029, no person

shall manufacture, sell, offer for sale, or distribute for sale in the state:

(1) Artificial turf containing intentionally added PFAS; or

(2) Outdoor apparel for severe wet conditions containing intentionally added PFAS, unless

it is accompanied by a legible, easily discernable disclosure that includes the following statement:

"Made with PFAS chemicals."

added PFAS and the covered product is being offered for sale in the state, the director may direct

the manufacturer of the product to, within thirty (30) days:

(1) Provide the director a certificate attesting that the covered product does not contain

intentionally added PFAS; or

(2) Notify persons who sell, offer for sale, or distribute for sale a covered product

prohibited under subsection (a) of this section, that the sale of that covered product is prohibited in

this state and provide the director with a list of the names and addresses of those notified.

(d) The director may notify persons who sell or offer for sale a product prohibited under

subsection (a) of this section, that the sale of that product is prohibited in this state.

(e) This section shall not apply to the sale or resale of used products.

(f) Notwithstanding any provision of this section, if a cosmetic product made through

manufacturing processes intended to comply with this section contains an unavoidable trace

quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the

manufacturing process, storage or migration from packaging, or other such unintentional and

unavoidable origin, such unavoidable trace quantity shall not cause the cosmetic product to be in

violation of this section.

23-18.18-5. Ban in firefighting foam.

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) "Class B firefighting foam" means foams designed for flammable liquid fires.

(2) "Firefighting personal protective equipment" means any clothing designed, intended,

or marketed to be worn by firefighting personnel in the performance of their duties, designed with

the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets,

and respiratory equipment.

(3) "Local government" means any county, city, town, fire district, regional fire protection

authority, or other special purpose district that provides firefighting services.

(4) "Terminal" means an establishment primarily engaged in the wholesale distribution of

crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid

storage facilities.

(b) Beginning January 1, 2025, a person, local government, or state agency may not

discharge or otherwise use for training purposes class B firefighting foam that contains intentionally

added PFAS chemicals.

manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use or use in this

state class B firefighting foam to which PFAS have been intentionally added.

(d) The restrictions in subsections (b) and (c) of this section do not apply to any

manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS

chemicals are required by federal law, including, but not limited to, the requirements of 14 C.F.R.

139.317, as that section existed as of January 1, 2022. In the event that applicable federal

regulations change after January 1, 2022, to allow the use of alternative firefighting agents that do

not contain PFAS chemicals, the restrictions set forth in subsection (b) of this section shall apply.

(1) A person that uses class B firefighting foam containing PFAS chemicals pursuant to

subsection (d) of this section shall report the use of the foam to the state fire marshal within five

(5) business days of the use, including the identity of the foam, the quantity used, the total PFAS

concentration, the application for which the foam was used, and the duration of the fire.

(2) A person that uses class B firefighting foam containing PFAS chemicals pursuant to

subsection (d) of this section shall do all of the following:

(i) Allow no release directly to the environment, such as to unsealed ground, soakage pits,

waterways, or uncontrolled drains;

(ii) Fully contain all releases onsite;

(iii) Implement containment measures such as bunds and ponds that are controlled,

impervious to PFAS, and do not allow firewater, wastewater, runoff, and other wastes to be released

to the environment, such as to soils, groundwater, waterways, or stormwater;

(iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents

releases to the environment;

(v) If there is a release to the environment, report the identity of the foam, the quantity

used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that

is released into the environment to the state fire marshal within five (5) business days of the release;

and

(vi) Document the measures undertaken pursuant to this subsection. In investigating

compliance with this subsection, the attorney general, a city attorney, or a city or town solicitor

may request the documentation.

(e) A person operating a terminal after January 1, 2025, and who seeks to purchase class B

firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class

B fires, may apply to the department for a temporary exemption from the restrictions on the

manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal.

An exemption shall not exceed one year. The department of environmental management, in

consultation with the department of health, may grant an exemption under this subsection if the

applicant provides:

(1) Clear and convincing evidence that there is not a commercially available alternative

that:

(i) Does not contain intentionally added PFAS; and

(ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the

terminal;

(2) Information on the amount of class B firefighting foam containing intentionally added

PFAS that is annually stored, used, or released at the terminal;

(3) A report on the progress being made by the applicant to transition at the terminal to

class B firefighting foam that does not contain intentionally added PFAS; and

(4) An explanation of how:

(i) All releases of class B firefighting foam containing intentionally added PFAS shall be

fully contained at the terminal; and

(ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes

from being released into the environment, including into soil, groundwater, waterways, and

stormwater.

(f) Nothing in this section shall prohibit a terminal from providing class B firefighting foam

in the form of aid to another terminal in the event of a class B fire.

(g) A manufacturer of class B firefighting foam restricted under subsection (c) of this

section must notify, in writing, persons that sell the manufacturer's products in this state about the

provisions of this chapter no less than one year prior to the effective date of the restrictions.

(h) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited

under subsection (c) of this section shall recall the product and reimburse the retailer or any other

purchaser for the product by March 1, 2025, and shall reimburse the retailer or any other purchaser

for the product. A recall of the product shall include safe transport and storage and documentation

of the amount and storage location of the PFAS-containing firefighting foam, until the department

formally identifies a safe disposal technology. The manufacturer shall provide this documentation

to the attorney general, or city or town solicitor upon request.

(i) The department may request a certificate of compliance from a manufacturer of class B

firefighting foam, or firefighting personal protective equipment sold in this state. A certificate of

compliance attests that a manufacturer's product or products meets the requirements of this chapter.

If the department requests such a certificate, the manufacturer shall provide the certificate within

thirty (30) calendar days after the request is made.

(j) The department shall assist state agencies, fire protection districts, and other local

governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals

have been intentionally added.

(k) A manufacturer of class B firefighting foam in violation of this chapter is subject to a

civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first

offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil

penalty not to exceed ten thousand dollars ($10,000) for each repeat offense.

(l) Beginning January 1, 2025, a manufacturer or other person that sells firefighting

personal protective equipment to any person, local government, or state agency must provide

written notice to the purchaser at the time of sale if the firefighting personal protective equipment

contains any PFAS. The written notice must include a statement that the firefighting personal

protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the

equipment.

(m) The department shall assist state agencies, fire protection districts, and other local

governments to give priority and preference to the purchase of firefighting personal protective

equipment that does not contain PFAS.

(n) The manufacturer or person selling firefighting personal protective equipment and the

purchaser of the equipment must retain the notice on file for at least three (3) years from the date

of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must

furnish the notice, or written copies, and associated sales documentation to the department within

sixty (60) days.

23-18.18-6. Rules and regulations.

The department of environmental management may promulgate rules and regulations to

implement the provisions of this chapter.

23-18.18-7. Violations.

Effective January 1, 2027, a violation of any of the provisions of this law or any rule or

regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a

civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further

violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for

each violation.

SECTION 2. This act shall take effect upon passage.

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LC004312/SUB A

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