Bill > A1413

Introduced Session

This bill would prohibit, beginning two years after the bill's effective date, the sale, manufacture, distribution, and use of any class B firefighting foam containing intentionally added PFAS within the State. As defined in the bill, "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 and "class B firefighting foam" means foam designed to prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases. The bill would authorize a temporary exemption for the use of PFAS-containing firefighting foams by certain facilities that have fixed foam fire suppression systems for class B fires and establish certain provisions governing the exemption, and provide that manufacturers and distributors of class B firefighting foam may manufacture, distribute, or sell class B firefighting foam containing intentionally added PFAS to facility owners and operators that are allowed to continue using the foam on a temporary basis. Additionally, the bill would authorize a temporary exemption for the use of PFAS-containing firefighting foams by oil refineries and petroleum terminals, and establish certain provisions governing the exemption. The bill would require manufacturers of PFAS-containing firefighting foams to notify persons that sell the manufacturer's products in the State about the provisions of the bill, and require manufacturers who manufacture, sell, or distribute PFAS-containing firefighting foams in the State after one year after the bill's effective date to issue a product recall for the firefighting foam no later than 27 months after the bill's effective date and to establish certain provisions governing the recall. The bill's provisions would not apply to the sale, manufacture, distribution, or use of class B firefighting foam for which the inclusion of PFAS is required by federal law or regulation, including, but not limited to, 14 C.F.R. s.139.317. If a federal requirement to include PFAS in class B firefighting foam is revoked, the bill's provisions would apply one year after the requirement is revoked. A violation of the bill's provisions would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's "Consumer Fraud Act." In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured. In addition, the bill would direct the Department of Environmental Protection (DEP) to establish a voluntary program to collect class B firefighting foams containing intentionally added PFAS from fire departments in the State and dispose of the foam in an environmentally sound manner. The bill would appropriate $250,000 from the General Fund to the DEP in order to provide the initial funding for the collection and disposal program.

AI Summary

Committee Categories

Shama Haider (D)*,  Sterley Stanley (D)*,  Lisa Swain (D)*,  Herbert Conaway (D),  Roy Freiman (D),  Pam Lampitt (D),  Yvonne Lopez (D),  Annette Quijano (D),  Shanique Speight (D),  Chris Tully (D), 

Withdrawn Because Approved P.L.2023, c.243. (on 01/09/2024)

Official Document