PENNSYLVANIA, June 15 - Section 7. Effective date.

This act shall take effect immediately.

SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING A SECTION TO READ:

§ 7389. FIREFIGHTING FOAM MANAGEMENT.

(A) PROHIBITED CONDUCT.--THE FOLLOWING SHALL APPLY:

(1) BEGINNING JANUARY 1, 2023, NO PERSON, FIREFIGHTING

ENTITY, THE COMMONWEALTH NOR A MUNICIPALITY MAY DISCHARGE OR

OTHERWISE USE A CLASS B FIREFIGHTING FOAM THAT CONTAINS AN

INTENTIONALLY ADDED PFAS CHEMICAL FOR:

(I) TESTING PURPOSES AT A FACILITY, UNLESS:

(A) OTHERWISE REQUIRED BY LAW OR THE

GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE

TESTING FACILITY; AND

(B) THE FACILITY HAS IMPLEMENTED APPROPRIATE

CONTAINMENT, TREATMENT AND DISPOSAL MEASURES TO

PREVENT THE UNCONTROLLED RELEASE OF THE CLASS B

FIREFIGHTING FOAM INTO THE ENVIRONMENT; OR

(II) TRAINING PURPOSES, UNLESS THE TRAINING INVOLVES

REPLACING THE CLASS B FIREFIGHTING FOAM THAT CONTAINS AN

INTENTIONALLY ADDED PFAS CHEMICAL WITH NONFLUORINATED

TRAINING FOAM.

(2) THE STATE FIRE COMMISSIONER SHALL ASSIST

FIREFIGHTING ENTITIES WITH EVALUATING AND DETERMINING HOW TO

TRANSITION TO THE USE OF CLASS B FIREFIGHTING FOAM THAT DOES

NOT CONTAIN AN INTENTIONALLY ADDED PFAS CHEMICAL FOR TESTING

PURPOSES.

(3) (I) AN INDIVIDUAL OR FIRE DEPARTMENT WHO

ADMINISTERS A TRAINING PROGRAM IN VIOLATION OF THIS

SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED

20210SB0302PN1773 - 4 -

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