2024 -- S 2152 SUBSTITUTE A AS AMENDED | |
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LC004312/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- CONSUMER PFAS BAN ACT OF 2024 | |
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Introduced By: Senators Kallman, DiMario, Miller, Ujifusa, Britto, Euer, Sosnowski, | |
Date Introduced: January 24, 2024 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 18.18 |
4 | CONSUMER PFAS BAN ACT OF 2024 |
5 | 23-18.18-1. Short title. |
6 | This chapter shall be known and may be cited as the "Consumer PFAS Ban Act of 2024". |
7 | 23-18.18-2. Legislative intent. |
8 | It is the intent of the general assembly to ban uses of PFAS in covered products by January |
9 | 1, 2029, unless the use of PFAS in the covered product is considered unavoidable. |
10 | 23-18.18-3. Definitions. |
11 | As used in this chapter: |
12 | (1) "Adult mattress" means a mattress other than a crib mattress or toddler mattress. |
13 | (2) "Apparel" means any of the following: |
14 | (i) Clothing items intended for regular wear or formal occasions, including, but not limited |
15 | to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, |
16 | suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, |
17 | everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for |
18 | workwear. Clothing items intended for regular wear or formal occasions does not include personal |
19 | protective equipment or clothing items for exclusive use by the United States military; and |
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1 | (ii) Outdoor apparel. |
2 | (3) "Artificial turf" means a man-made material which simulates the appearance of live |
3 | turf, organic turf, grass, sod or lawn. |
4 | (4) "Carpet" or "rug" means a consumer product made from natural or synthetic fabric |
5 | intended for use as a floor covering inside commercial or residential buildings. "Carpet or rug" does |
6 | not include: |
7 | (i) A carpet or rug intended solely for outdoor use; |
8 | (ii) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile, |
9 | light duty truck, van, bus or any other vehicle and any aftermarket or replacement part marketed |
10 | solely for use in a vehicle; |
11 | (iii) A resilient floor covering; |
12 | (iv) Artificial turf; |
13 | (v) A wall hanging or covering; |
14 | (vi) A table mat; or |
15 | (v) A camping sleeping mat. |
16 | (5) "Cookware" means durable cookware items that are used in homes and restaurants to |
17 | prepare, dispense, or store food, foodstuffs, or beverages. "Cookware" includes pots, pans, skillets, |
18 | grills, baking sheets, baking molds, trays, bowls, and cooking utensils. |
19 | (6) "Cosmetic" means: |
20 | (i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or |
21 | otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting |
22 | attractiveness, or altering the appearance; and |
23 | (ii) Articles intended for use as a component of any such article; except that such term shall |
24 | not include soap. |
25 | (7) "Covered product" means the following: |
26 | (i) Artificial turf; |
27 | (ii) Carpets or rugs; |
28 | (iii) Cookware; |
29 | (iv) Cosmetics; |
30 | (v) Fabric treatments; |
31 | (vi) Juvenile products; |
32 | (vii) Menstrual products; |
33 | (viii) Ski wax; |
34 | (ix) Textile articles. |
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1 | (8) "Department" means the department of environmental management. |
2 | (9) "Director" means the director of the department of environmental management. |
3 | (10) "Fabric treatment" means a substance applied to fabric to give the fabric one or more |
4 | characteristics, including, but not limited to, stain resistance or water resistance. |
5 | (11) "Ingredient" has the same meaning as defined 21 C.F.R Part 700 § 700.3(e) and does |
6 | not include any incidental ingredient as defined in 21 C.F.R. Part 701 § 701.3. |
7 | (12) "Intentionally added PFAS" means PFAS added to a covered product or one of its |
8 | product components to provide a specific characteristic, appearance or quality or to perform a |
9 | specific function. "Intentionally added PFAS" also includes any degradation byproducts of PFAS |
10 | or PFAS that are intentional breakdown products of an added chemical. The use of PFAS as a |
11 | processing agent, mold release agent or intermediate is considered intentional introduction for the |
12 | purposes of this chapter where PFAS is detected in the final covered product. |
13 | (13) "Juvenile product" means a product designed for use by infants and children under |
14 | twelve (12) years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, |
15 | bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and |
16 | aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant |
17 | carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, |
18 | nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, |
19 | portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, |
20 | stroller, and toddler mattress. "Juvenile product" shall not include any of the following: |
21 | (i) A children's electronic product, including, but not limited to, a personal computer, audio |
22 | and video equipment, calculator, wireless phone, game console, handheld device incorporating a |
23 | video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, power |
24 | cord, film, camera, audio, visual, or imaging equipment or sensors; |
25 | (ii) A medical device; |
26 | (iii) An adult mattress; or |
27 | (iv) Children's electronic products containing integrated circuits, semiconductor package, |
28 | or device that contains a semiconductor chip. |
29 | (14) "Manufacturer" means the person that manufactures a product or whose brand name |
30 | is affixed to the product. In the case of a product imported into the United States, "manufacturer" |
31 | includes the importer or first domestic distributor of the product if the person that manufactured or |
32 | assembled the product or whose brand name is affixed to the product does not have a presence in |
33 | the United States. |
34 | (15) "Medical device" has the same meaning as the term "device" as defined in 21 United |
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1 | States Code 321(h). |
2 | (16) "Menstrual product" means a product used to collect menstruation and vaginal |
3 | discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, |
4 | applicators, and menstrual cups, whether disposable or reusable. |
5 | (17) "Outdoor apparel" means clothing items intended primarily for outdoor activities, |
6 | including, but not limited to, hiking, camping, skiing, climbing, bicycling, and fishing. |
7 | (18) "Outdoor apparel for severe wet conditions" means apparel that are extreme and |
8 | extended use products designed for outdoor sports experts for applications that provide protection |
9 | against extended exposure to extreme rain conditions or against extended immersion in water or |
10 | wet conditions, such as from snow, in order to protect the health and safety of the user and that are |
11 | not marketed for general consumer use. Examples of extreme and extended use products include |
12 | outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering. |
13 | (19) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that |
14 | include any member of the class of fluorinated organic chemicals containing at least one fully |
15 | fluorinated carbon atom. |
16 | (20) "Personal protective equipment" means equipment worn to minimize exposure to |
17 | hazards that cause serious workplace injuries and illnesses that may result from contact with |
18 | chemical, radiological, physical, biological, electrical, mechanical, or other workplace or |
19 | professional hazards. |
20 | (21) "Product" means an item manufactured, assembled, packaged or otherwise prepared |
21 | for sale to consumers, including its product components, sold or distributed for personal or |
22 | residential use, including for use in making other products. "Product" does not mean used products |
23 | offered for sale or resale. |
24 | (22) "Product component" means an identifiable component of a product, regardless of |
25 | whether the manufacturer of the product is the manufacturer of the component. |
26 | (23) "Ski wax" means a lubricant applied to the bottom of snow runners, including, but not |
27 | limited to skis and snowboards to improve their grip or glide properties. "Ski wax" includes related |
28 | tuning products. |
29 | (24) "Textile" means any item made in whole or part from a natural, manmade, or synthetic |
30 | fiber, yarn, or fabric, and includes, but is not limited to, leather, cotton, silk, jute, hemp, wool, |
31 | viscose, nylon, or polyester. "Textile" does not include single-use paper hygiene products, |
32 | including, but not limited to, toilet paper, paper towels or tissues, or single-use absorbent hygiene |
33 | products. |
34 | (25) "Textile articles" means textile goods of a type customarily and ordinarily used in |
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1 | households and businesses, and include, but are not limited to, apparel, accessories, handbags, |
2 | backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and |
3 | tablecloths. "Textile articles" does not include: |
4 | (i) A carpet or rug; |
5 | (ii) A treatment for use on covered textiles or leathers; |
6 | (iii) A textile used in or designed for laboratory analysis and testing; |
7 | (iv) A stadium shade or other architectural fabric structure; or |
8 | (v) Filtration or separation media processing equipment and plumbing, or a filter product |
9 | used in industrial applications, including but not limited to, chemical or pharmaceutical |
10 | manufacturing and environmental control technologies. |
11 | 23-18.18-4. Prohibition on use of PFAS. |
12 | (a) Except as provided otherwise in this section, on and after January 1, 2027, no person |
13 | shall manufacture, sell, offer for sale or distribute for sale in the state any covered product that |
14 | contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS. |
15 | (b) Except as provided otherwise in this section, on and after January 1, 2029, no person |
16 | shall manufacture sell, offer for sale, or distribute for sale in the state: |
17 | (1) Artificial turf containing intentionally added PFAS; or |
18 | (2) Outdoor apparel for severe wet conditions containing intentionally added PFAS, unless |
19 | it is accompanied by a legible, easily discernable disclosure that includes the following statement: |
20 | "Made with PFAS chemicals." |
21 | (c) If the department has reason to believe that a covered product contains intentionally |
22 | added PFAS and the covered product is being offered for sale in the state, the director may direct |
23 | the manufacturer of the product to, within thirty (30) days: |
24 | (1) Provide the director a certificate attesting that the covered product does not contain |
25 | intentionally added PFAS; or |
26 | (2) Notify persons who sell, offer for sale, or distribute for sale a covered product |
27 | prohibited under subsection (a) of this section, that the sale of that covered product is prohibited in |
28 | this state and provide the director with a list of the names and addresses of those notified. |
29 | (d) The director may notify persons who sell or offer for sale a product prohibited under |
30 | subsection (a) of this section, that the sale of that product is prohibited in this state. |
31 | (e) This section shall not apply to the sale or resale of used products. |
32 | (f) Notwithstanding any provision of this section, if a cosmetic product made through |
33 | manufacturing processes intended to comply with this section contains an unavoidable trace |
34 | quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the |
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1 | manufacturing process, storage or migration from packaging, or other such unintentional and |
2 | unavoidable origin, such unavoidable trace quantity shall not cause the cosmetic product to be in |
3 | violation of this section. |
4 | 23-18.18-5. Ban in firefighting foam. |
5 | (a) For the purposes of this section, the following terms shall have the following meanings: |
6 | (1) "Class B firefighting foam" means foams designed for flammable liquid fires. |
7 | (2) "Firefighting personal protective equipment" means any clothing designed, intended, |
8 | or marketed to be worn by firefighting personnel in the performance of their duties, designed with |
9 | the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, |
10 | and respiratory equipment. |
11 | (3) "Local government" means any county, city, town, fire district, regional fire protection |
12 | authority, or other special purpose district that provides firefighting services. |
13 | (4) "Terminal" means an establishment primarily engaged in the wholesale distribution of |
14 | crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid |
15 | storage facilities. |
16 | (b) Beginning January 1, 2025, a person, local government, or state agency may not |
17 | discharge or otherwise use for training purposes class B firefighting foam that contains intentionally |
18 | added PFAS chemicals. |
19 | (c) Beginning January 1, 2025, a manufacturer of class B firefighting foam may not |
20 | manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use or use in this |
21 | state class B firefighting foam to which PFAS have been intentionally added. |
22 | (d) The restrictions in subsections (b) and (c) of this section do not apply to any |
23 | manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS |
24 | chemicals are required by federal law, including, but not limited to, the requirements of 14 C.F.R. |
25 | 139.317, as that section existed as of January 1, 2022. In the event that applicable federal |
26 | regulations change after January 1, 2022, to allow the use of alternative firefighting agents that do |
27 | not contain PFAS chemicals, the restrictions set forth in subsection (b) of this section shall apply. |
28 | (1) A person that uses class B firefighting foam containing PFAS chemicals pursuant to |
29 | subsection (d) of this section shall report the use of the foam to the state fire marshal within five |
30 | (5) business days of the use, including the identity of the foam, the quantity used, the total PFAS |
31 | concentration, the application for which the foam was used, and the duration of the fire. |
32 | (2) A person that uses class B firefighting foam containing PFAS chemicals pursuant to |
33 | subsection (d) of this section shall do all of the following: |
34 | (i) Allow no release directly to the environment, such as to unsealed ground, soakage pits, |
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1 | waterways, or uncontrolled drains; |
2 | (ii) Fully contain all releases onsite; |
3 | (iii) Implement containment measures such as bunds and ponds that are controlled, |
4 | impervious to PFAS, and do not allow firewater, wastewater, runoff, and other wastes to be released |
5 | to the environment, such as to soils, groundwater, waterways, or stormwater; |
6 | (iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents |
7 | releases to the environment; |
8 | (v) If there is a release to the environment, report the identity of the foam, the quantity |
9 | used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that |
10 | is released into the environment to the state fire marshal within five (5) business days of the release; |
11 | (vi) Document the measures undertaken pursuant to this subsection. In investigating |
12 | compliance with this subsection, the attorney general, a city attorney, or a city or town solicitor |
13 | may request the documentation. |
14 | (e) A person operating a terminal after January 1, 2025, and who seeks to purchase class B |
15 | firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class |
16 | B fires, may apply to the department for a temporary exemption from the restrictions on the |
17 | manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. |
18 | An exemption shall not exceed one year. The department of environmental management, in |
19 | consultation with the department of health, may grant an exemption under this subsection if the |
20 | applicant provides: |
21 | (1) Clear and convincing evidence that there is not a commercially available alternative |
22 | that: |
23 | (i) Does not contain intentionally added PFAS; and |
24 | (ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the |
25 | terminal; |
26 | (2) Information on the amount of class B firefighting foam containing intentionally added |
27 | PFAS that is annually stored, used, or released at the terminal; |
28 | (3) A report on the progress being made by the applicant to transition at the terminal to |
29 | class B firefighting foam that does not contain intentionally added PFAS; and |
30 | (4) An explanation of how: |
31 | (i) All releases of class B firefighting foam containing intentionally added PFAS shall be |
32 | fully contained at the terminal; and |
33 | (ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes |
34 | from being released into the environment, including into soil, groundwater, waterways, and |
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1 | stormwater. |
2 | (f) Nothing in this section shall prohibit a terminal from providing class B firefighting foam |
3 | in the form of aid to another terminal in the event of a class B fire. |
4 | (g) A manufacturer of class B firefighting foam restricted under subsection (c) of this |
5 | section must notify, in writing, persons that sell the manufacturer's products in this state about the |
6 | provisions of this chapter no less than one year prior to the effective date of the restrictions. |
7 | (h) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited |
8 | under subsection (c) of this section shall recall the product and reimburse the retailer or any other |
9 | purchaser for the product by March 1, 2025 and shall reimburse the retailer or any other purchaser |
10 | for the product. A recall of the product shall include safe transport and storage and documentation |
11 | of the amount and storage location of the PFAS-containing firefighting foam, until the department |
12 | formally identifies a safe disposal technology. The manufacturer shall provide this documentation |
13 | to the attorney general, or city or town solicitor upon request. |
14 | (i) The department may request a certificate of compliance from a manufacturer of class B |
15 | firefighting foam, or firefighting personal protective equipment sold in this state. A certificate of |
16 | compliance attests that a manufacturer's product or products meets the requirements of this chapter. |
17 | If the department requests such a certificate, the manufacturer shall provide the certificate within |
18 | thirty (30) calendar days after the request is made. |
19 | (j) The department shall assist state agencies, fire protection districts, and other local |
20 | governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals |
21 | have been intentionally added. |
22 | (k) A manufacturer of class B firefighting foam in violation of this chapter is subject to a |
23 | civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first |
24 | offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil |
25 | penalty not to exceed ten thousand dollars ($10,000) for each repeat offense. |
26 | (l) Beginning January 1, 2025, a manufacturer or other person that sells firefighting |
27 | personal protective equipment to any person, local government, or state agency must provide |
28 | written notice to the purchaser at the time of sale if the firefighting personal protective equipment |
29 | contains any PFAS. The written notice must include a statement that the firefighting personal |
30 | protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the |
31 | equipment. |
32 | (m) The department shall assist state agencies, fire protection districts, and other local |
33 | governments to give priority and preference to the purchase of firefighting personal protective |
34 | equipment that does not contain PFAS. |
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1 | (n) The manufacturer or person selling firefighting personal protective equipment and the |
2 | purchaser of the equipment must retain the notice on file for at least three (3) years from the date |
3 | of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must |
4 | furnish the notice, or written copies, and associated sales documentation to the department within |
5 | sixty (60) days. |
6 | 23-18.18-6. Rules and regulations. |
7 | The department of environmental management may promulgate rules and regulations to |
8 | implement the provisions of this chapter. |
9 | 23-18.18-7. Violations. |
10 | Effective January 1, 2027, a violation of any of the provisions of this law or any rule or |
11 | regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a |
12 | civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further |
13 | violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for |
14 | each violation. |
15 | SECTION 2. This act shall take effect upon passage. |
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LC004312/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- CONSUMER PFAS BAN ACT OF 2024 | |
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1 | This act would enact the Consumer PFAS Ban Act of 2024, prohibiting the intentional |
2 | addition of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in covered products offered for |
3 | sale or manufactured in the state as of January 1, 2027. The department of environmental |
4 | management would be responsible to regulate the prohibition. This act would further ban the sale |
5 | of Class B firefighting foam that contains intentionally added PFAS chemicals. |
6 | This act would take effect upon passage. |
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