2024 -- S 2152 SUBSTITUTE A AS AMENDED

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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

     

     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:

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

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amended by adding thereto the following chapter:

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CHAPTER 18.18

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CONSUMER PFAS BAN ACT OF 2024

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     23-18.18-1. Short title.

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

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     23-18.18-2. Legislative intent.

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

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

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     23-18.18-3. Definitions.

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     As used in this chapter:

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

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

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

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

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

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

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

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

 

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     (ii) Outdoor apparel.

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

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turf, organic turf, grass, sod or lawn.

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

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

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not include:

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

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

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

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solely for use in a vehicle;

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     (iii) A resilient floor covering;

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     (iv) Artificial turf;

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     (v) A wall hanging or covering;

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     (vi) A table mat; or

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     (v) A camping sleeping mat.

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

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

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

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     (6) "Cosmetic" means:

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

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

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attractiveness, or altering the appearance; and

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

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not include soap.

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     (7) "Covered product" means the following:

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     (i) Artificial turf;

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     (ii) Carpets or rugs;

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     (iii) Cookware;

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     (iv) Cosmetics;

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     (v) Fabric treatments;

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     (vi) Juvenile products;

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     (vii) Menstrual products;

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     (viii) Ski wax;

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     (ix) Textile articles.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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and video equipment, calculator, wireless phone, game console, handheld device incorporating a

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

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

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     (ii) A medical device;

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     (iii) An adult mattress; or

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

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or device that contains a semiconductor chip.

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

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

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

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

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the United States.

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

 

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States Code 321(h).

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

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

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applicators, and menstrual cups, whether disposable or reusable.

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

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

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

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

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

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

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

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

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

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

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fluorinated carbon atom.

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

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

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

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professional hazards.

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

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

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

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offered for sale or resale.

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

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

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

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

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tuning products.

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

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

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

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

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products.

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

 

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

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

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tablecloths. "Textile articles" does not include:

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     (i) A carpet or rug;

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

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

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

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

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

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manufacturing and environmental control technologies.

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

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

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

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contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.

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

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

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     (1) Artificial turf containing intentionally added PFAS; or

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

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

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"Made with PFAS chemicals."

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     (c) If the department has reason to believe that a covered product contains intentionally

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

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

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

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intentionally added PFAS; or

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

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

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

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

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

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

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

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

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

 

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

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

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violation of this section.

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     23-18.18-5. Ban in firefighting foam.

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

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

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

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

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

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and respiratory equipment.

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

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

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

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

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storage facilities.

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

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

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added PFAS chemicals.

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     (c) Beginning January 1, 2025, a manufacturer of class B firefighting foam may not

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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waterways, or uncontrolled drains;

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     (ii) Fully contain all releases onsite;

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

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

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

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

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releases to the environment;

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

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

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

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

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

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may request the documentation.

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

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

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

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

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

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

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applicant provides:

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

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that:

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     (i) Does not contain intentionally added PFAS; and

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

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terminal;

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

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

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

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

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     (4) An explanation of how:

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

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fully contained at the terminal; and

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

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

 

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stormwater.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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have been intentionally added.

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

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

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

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

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

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

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

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

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

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equipment.

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

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

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equipment that does not contain PFAS.

 

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

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

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

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

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sixty (60) days.

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     23-18.18-6. Rules and regulations.

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     The department of environmental management may promulgate rules and regulations to

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implement the provisions of this chapter.

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     23-18.18-7. Violations.

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

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

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

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

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each violation.

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     SECTION 2. This act shall take effect upon passage.

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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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     This act would enact the Consumer PFAS Ban Act of 2024, prohibiting the intentional

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addition of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in covered products offered for

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sale or manufactured in the state as of January 1, 2027. The department of environmental

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management would be responsible to regulate the prohibition. This act would further ban the sale

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of Class B firefighting foam that contains intentionally added PFAS chemicals.

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     This act would take effect upon passage.

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