HOUSE DOCKET, NO. 1201        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2339

The Commonwealth of Massachusetts

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PRESENTED BY:

James K. Hawkins

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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.

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PETITION OF:

HOUSE DOCKET, NO. 1201        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2339

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2475 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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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.

“Perfluoroalkyl and polyfluoraolkyl substances” or “PFAS chemicals” mean, 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, 2025.

SECTION 4. Section 2 shall take effect on January 1, 2027.