SENATE . . . . . . . . . . . . . . No. 2902
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, July 29, 2024.
The committee on Senate Ways and Means to whom was referred the Senate Bill relative to the reduction of certain toxic chemicals in firefighter personal protective equipment (Senate, No. 1502) (also based on Senate, No. 1556), - reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2902).
For the committee,
Michael J. Rodrigues
FILED ON: 7/29/2024
SENATE . . . . . . . . . . . . . . No. 2902
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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 245. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Firefighting personal protective equipment”, clothing or wearable items designed, intended or marketed to be worn by firefighting personnel in the performance of their duties that is designed for use in fire and rescue activities, including, but not limited to, jackets, pants, footwear, gloves, helmets and respiratory equipment.
“Intentionally added PFAS”, PFAS chemicals that are added to a product or that enter the product from the manufacturing or processing of the product; provided, however, that the manufacturer of such product knows, or is reasonably expected to know, or possesses or controls information of such addition of PFAS chemicals; and provided further, that “Intentionally added PFAS” shall include any degradation products containing PFAS chemicals or products for which PFAS chemicals or PFAS precursors are used as a processing agent or mold release agent or PFAS created by chemical reactions.
“Local government”, a county, city, town, fire district, regional fire protection authority or special purpose district that provides firefighting services.
“Manufacturer”, a person, firm, association, partnership, corporation, organization, joint venture, importer or domestic distributor that manufactures, sells or distributes firefighting agents or firefighting equipment; provided, however, that in the case of a product imported into the United States, “manufacturer” shall include the importer or first domestic distributor of the product if the person that manufactured or assembled or whose brand name is affixed to the product does not have a presence in the United States.
“Perfluoraolkyl and polyfluoraolkyl substances” or “PFAS chemicals”, a class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.
(b) A manufacturer or other person that 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; (ii) the reason for which the firefighting personal protective equipment contains PFAS chemicals; and (iii) the specific PFAS chemicals within the product listed by chemical name and abbreviated name.
A manufacturer or other person selling firefighting personal protective equipment and the purchaser of said equipment shall retain a copy of the notice on file for not less than 3 years from the date of the purchase. Upon the request of the department, said manufacturer or purchaser shall furnish the notice, or copies of the notice, and associated sales documentation to the department within 60 days of such request.
SECTION 2. Section 245 of said chapter 111, 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 a 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.
SECTION 3. Section 1 shall take effect on January 1, 2025.
SECTION 4. Section 2 shall take effect on January 1, 2027.