SENATE DOCKET, NO. 1258        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1576

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Diana DiZoglio

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment.

_______________

PETITION OF:

 

Name:

District/Address:

 

Diana DiZoglio

First Essex

 

Professional Fire Fighters of Massachusetts

2 Center Plz #4m, Boston, MA 02108

 

Clean Water Action

88 Broad St, Boston, MA 02110

 

Jack Patrick Lewis

7th Middlesex

2/24/2021

Angelo J. Puppolo, Jr.

12th Hampden

2/24/2021

Susan L. Moran

Plymouth and Barnstable

2/25/2021

Michael D. Brady

Second Plymouth and Bristol

2/26/2021

Carol A. Doherty

3rd Bristol

2/26/2021

John F. Keenan

Norfolk and Plymouth

3/2/2021

Walter F. Timilty

Norfolk, Bristol and Plymouth

3/8/2021

David Henry Argosky LeBoeuf

17th Worcester

3/10/2021

Hannah Kane

11th Worcester

3/16/2021

Joanne M. Comerford

Hampshire, Franklin and Worcester

3/18/2021

Erika Uyterhoeven

27th Middlesex

3/29/2021

Adam J. Scanlon

14th Bristol

3/30/2021

Maria Duaime Robinson

6th Middlesex

4/1/2021

Michael O. Moore

Second Worcester

4/6/2021

John J. Cronin

Worcester and Middlesex

4/9/2021

Paul R. Feeney

Bristol and Norfolk

4/12/2021

Bruce E. Tarr

First Essex and Middlesex

4/15/2021

Patrick M. O'Connor

Plymouth and Norfolk

4/16/2021

Sal N. DiDomenico

Middlesex and Suffolk

4/27/2021

Marc R. Pacheco

First Plymouth and Bristol

5/5/2021

Patricia D. Jehlen

Second Middlesex

7/27/2021

Joan B. Lovely

Second Essex

7/27/2021

Andres X. Vargas

3rd Essex

7/30/2021


SENATE DOCKET, NO. 1258        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1576

By Ms. DiZoglio, a petition (accompanied by bill, Senate, No. 1576) of Diana DiZoglio, Professional Fire Fighters of Massachusetts, Clean Water Action, Jack Patrick Lewis and other members of the General Court for legislation to reduce certain toxic chemicals in firefighter personal protective equipment.  Public Safety and Homeland Security.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 237. (a) The following terms shall have the following meanings, unless the context clearly requires otherwise:-

“Firefighting personal protective equipment” means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.

“Local governments” includes any county, city, town, fire district, regional fire protection authority, or special purpose district that provides firefighting services.

“Manufacturer” includes any person, firm, association, partnership, corporation, organization, joint venue, importer, or domestic distributor of firefighting agents or firefighting equipment.  For the purposes of this definition, “importer” means the owner of the product.

“Perfluoraolkyl and polyfluoraolkyl substances” or “PFAS chemicals” means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(b) A manufacturer or other person that sells firefighting personal protective equipment containing PFAS chemicals to any person, local government, or state agency shall provide written notice to the purchaser at the time of sale which shall state: (i) that the firefighting personal protective equipment contains PFAS chemicals; and (ii) the reason PFAS chemicals are added to the equipment.

The manufacturer or other person selling firefighting personal protective equipment and the purchaser of the equipment shall retain a copy of the notice required pursuant to this subsection on file for at least 3 years from the date of the purchase.  Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days of such request.

SECTION 2. Section 237 of chapter 111 of the General Laws, as added by section 1, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) A manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency shall not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal protective equipment containing intentionally added PFAS chemicals.

SECTION 3. Section 1 shall take effect on January 1, 2023.

SECTION 4. Section 2 shall take effect on January 1, 2025.