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SECOND REGULAR SESSION
HOUSE BILL NO. 1925
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BUSH.
4999H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 644, RSMo, by adding thereto one new section relating to foam fire
suppressants.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 644, RSMo, is amended by adding thereto one new section, to be
2 known as section 644.800, to read as follows:
644.800. 1. As used in this section, the following terms mean:
2 (1) "Department", the department of natural res ource s;
3 (2) "Discharge", a rel ease by any means including, but not limited to, spilling,
4 leaking, pumping, pouring, spraying, emitting, disposing, escaping, emptying, or
5 dumping, whether intentional or unintentional;
6 (3) "Perfluoro alkyl and polyfluor oalkyl substances" or "PF AS", any
7 perfluor oalkyl and polyfluoroal kyl substances listed in the toxic chemical list under
8 section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA),
9 as amended;
10 (4) "Person", the same as defined under section 644.016;
11 (5) "W aters of the state", the same as defined under section 644.016.
12 2. The department shall pr omulgate rules regu lating the manufactur e, use,
13 storage, and rem ediation of fir efighting or fir e-suppres sing foam to which PF AS have
14 been intentionally added. Such rules and r egulations shall be designed to pr otect the
15 envir onment and ensur e safe and clean soil, water , and air for the state of Missouri.
16 3. A person that discharges or causes to be discharged fir efighting or fir e-
17 suppr essing foam to which PF AS have been intentionally added into or upon any lake,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 pond, river , stream, sewer , surface water drainage, gro undwater , other waters of the
19 state, or any public or private water supply or onto land adjacent to, on, or over such
20 waters shall report the discharge to the department as soon as practicable, but no later
21 than twenty-four hours after the discharge occurs.
22 4. Beginning January 1, 2028, a person shall not manufactur e, sell, offer for sale,
23 distribute for sale, or distribute for use in this state a fir efighting or fir e-suppres sing
24 foam to which PF AS have been intentionally added, except in the following
2 5 cir cumstances:
26 (1) Such foam is manufactur ed, sold, or distributed for use at an airport in the
27 state, so long as the foam is re quir ed by federal law or reg ulation to be used at airports
28 for fir efighting or fir e-suppre ssing purposes including, but not limited to, as requ ired by
29 14 CFR Part 139. The exception in this subdivision shall not apply if such foam is not
30 r equir ed by federal law or regu lation; or
31 (2) Such foam is manufactur ed, sold, or distributed for a marine defense
32 application and the use of the foam is re quir ed by the United States Department of
33 Defense.
34 5. A person that manufactur es for sale or distribution in this state a fir efighting
35 or fir e-suppres sing foam shall, upon r equest by the department, pr ovide the department
36 with a certificate of compliance certifying that the foam does not contain intentionally
37 added PF AS or is excepted fr om the proh ibition under subdivision (1) or (2) of
38 subsection 4 of this section.
39 6. Except as pr ovided in subsection 4 of this section, befor e January 1, 2028, a
40 person that manufactur es fir efighting or fir e-suppres sing foam to which PF AS have
41 been intentionally added and sold, offer ed for sale, or distributed in this state before
42 January 1, 2028, shall:
43 (1) Pr ovide written notification reg arding the pr ohibition to any person in the
44 state that r eceived such foam fr om the manufactur er for sale, distribution, or use; and
45 (2) Issue a recall of all such foam, which shall include a pr ocess by which a
46 person in the state that receive d such foam will be reim bursed by the manufactur er for
47 the recal led foam.
48 7. The director may pro mulgate all necessary rules and regul ations for the
49 administration of this section. Any rule or portion of a rule, as that term is defined in
50 section 536.010, that is crea ted under the authority delegated in this section shall
51 become effective only if it complies with and is subject to all of the provi sions of chapter
52 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
53 and if any of the powers vested with the general assembly pursuant to chapter 536 to
54 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
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55 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
56 adopted after August 28, 2026, shall be invalid and void.
✔
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