2022 -- H 7541

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LC004900

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY- SAFETY AND HEALTH PROGRAMS FOR FIRE

DEPARTMENTS - PFAS CHEMICALS

     Introduced By: Representatives Speakman, Casimiro, Cortvriend, Handy, Donovan, and
Fogarty

     Date Introduced: February 18, 2022

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-28.4-1 of the General Laws in Chapter 23-28.4 entitled "Safety

and Health Programs for Fire Departments" is hereby amended to read as follows:

     23-28.4-1. Definitions.

     The following terms when used in this chapter shall have the meanings herein ascribed:

     (1) "Class B firefighting foam" means a foam designed for flammable liquid fire.

(1)(2) Employee means a person involved in performing the duties and responsibilities of

a fire department, under the auspices of the organization. A fire department employee may be a

full-time, or part-time, or volunteer employee, may occupy any position or rank within the fire

department, and may or may not engage in emergency operations.

     (2)(3) Employer means any person who has one or more employees, but does not include

the United States. A fire district shall be considered an employer.

     (3)(4) Fire department means an organization providing rescue, fire suppression, and

related activities.

     (5) "Firefighter turnout gear" means the protective clothing worn by firefighters.

     (4)(6) NFPA means national fire protection association.

     (7) "PFAS chemicals" means a class of fluorinated organic chemicals that:

     (i) Contain at least one fully fluorinated carbon atom, including perfluoroalkyl and

polyfluoroalkyl substances; and

     (ii) Are designed to be fully functional in Class B firefighting foam formulations.

     (5)(8) Provide means to furnish, supply, or to make arrangements for full monetary

reimbursement.

     SECTION 2. Chapter 23-28.4 of the General Laws entitled "Safety and Health Programs

for Fire Departments" is hereby amended by adding thereto the following section:

     23-28.4-6.2. Use of firefighting foam containing PFAS chemicals.

     (a) Beginning on September 1, 2022, Class B firefighting foam that contains intentionally

added PFAS chemicals may not be used for:

     (1) Testing purposes, including calibration testing, conformance testing, and fixed-system

testing unless:

     (i) The use is required by law or by the agency having jurisdiction over the testing facility;

and

     (ii) The testing facility has implemented appropriate containment, treatment, and disposal

measures to prevent releases of foam into the environment; or

     (2) Training purposes

     (b) Non fluorinated training foam shall be used for purposes of firefighting training.

     SECTION 3. Section 1 of this act shall take effect upon passage. Section 2 shall take effect

on January 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY- SAFETY AND HEALTH PROGRAMS FOR FIRE

DEPARTMENTS - PFAS CHEMICALS

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     This act would prohibit the use of firefighting foam containing PFAS chemicals during

training exercises.

     Section 1 of this act would take effect upon passage. Section 2 would take effect on January

1, 2023.

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