Bill Summaries: H732 (2023-2024 Session)

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  • Summary date: Apr 19 2023 - View summary

    Creates new Part 8 (Protect Firefighters from PFAS in Firefighting Foam and Protective Equipment) in GS Chapter 143, Article 21A. Establishes definitions for the part. Prohibits the use of class B firefighting foams containing added PFAS chemicals for training or practice purposes. Specifies alternatives that must be used. Prohibits the manufacture and sale of class B firefighting foams with added PFAS chemicals, and requires manufacturers to recall any prohibited products no later than March 1, 2024. 

    Provides an exemption for foams required to contain PFAS to comply with federal law, but requires any persons using these foams to report them to the Office of the State Fire Marshall. Establishes six required practices for persons using PFAS foams under the exemption, including prevention of release directly into the environment. Allows for a waiver at petroleum product terminals, which may be granted by the Office of the State Fire Marshall under specified criteria. 

    Allows a person operating a terminal after January 1, 2024, who wants to purchase the prohibited foam to apply for a temporary one-year waiver. Sets out the conditions under which the wavier may be granted. Specifies that a terminal is not prohibited from providing the foam as aid to another terminal if there is a class B fire.

    Requires manufacturers of protective equipment containing PFAS chemicals to provide notice to the purchaser along with a justification of why the PFAS chemicals were included. Permits the Office of the State Fire Marshall to request a certificate of compliance from manufacturers that the product or products meet the requirements of Part 8. 

    Directs the Office of the State Fire Marshall to provide assistance to state agencies and local governments in avoiding purchasing PFAS-containing foams and equipment. Provides for a civil penalty for violating the requirements of the Part. Authorizes the Department of Insurance and Office of the State Fire Marshall to adopt rules to implement the part.

    Effective January 1, 2024.