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SECOND REGULAR SESSION
SENATE BILL NO. 1725
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BECK.
7413S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
one new section, to be known as section 644.800, to read as 2
follows:3
644.800. 1. As used in this section, the following 1
terms mean: 2
(1) "Department", the department of natural resources; 3
(2) "Discharge", a release by any means including, but 4
not limited to, spilling, leaking, pumping, pouring, 5
spraying, emitting, disposing, escaping, emptying, or 6
dumping, whether intentional or unintentional; 7
(3) "Perfluoroalkyl and polyfluoroalkyl substances" or 8
"PFAS", any perfluoroalkyl and polyfluoroalkyl substances 9
listed in the toxic chemical list under section 313 of the 10
Emergency Planning and Community Right-to-Know Act (EPCRA), 11
as amended; 12
(4) "Person", the same as defined under section 13
644.016; 14
(5) "Waters of the state", the same as defined under 15
section 644.016. 16
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2. The department shall promulgate rules regulating 17
the manufacture, use, storage, and remediation of 18
firefighting or fire-suppressing foam to which PFAS have 19
been intentionally added. Such rules and regulations shall 20
be designed to protect the environment and ensure safe and 21
clean soil, water, and air for the state of Missouri. 22
3. A person that discharges or causes to be discharged 23
firefighting or fire-suppressing foam to which PFAS have 24
been intentionally added into or upon any lake, pond, river, 25
stream, sewer, surface water drainage, groundwater, other 26
waters of the state, or any public or private water supply 27
or onto land adjacent to, on, or over such waters shall 28
report the discharge to the department as soon as 29
practicable, but no later than twenty-four hours after the 30
discharge occurs. 31
4. Beginning January 1, 2028, a person shall not 32
manufacture, sell, offer for sale, distribute for sale, or 33
distribute for use in this state a firefighting or fire- 34
suppressing foam to which PFAS have been intentionally 35
added, except in the following circumstances: 36
(1) Such foam is manufactured, sold, or distributed 37
for use at an airport in the state, so long as the foam is 38
required by federal law or regulation to be used at airports 39
for firefighting or fire-suppressing purposes including, but 40
not limited to, as required by 14 CFR Part 139. The 41
exception in this subdivision shall not apply if such foam 42
is not required by federal law or regulation; or 43
(2) Such foam is manufactured, sold, or distributed 44
for a marine defense application and the use of the foam is 45
required by the United States Department of Defense. 46
5. A person that manufactures for sale or distribution 47
in this state a firefighting or fire-suppressing foam shall, 48
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upon request by the department, provide the department with 49
a certificate of compliance certifying that the foam does 50
not contain intentionally added PFAS or is excepted from the 51
prohibition under subdivision (1) or (2) of subsection 4 of 52
this section. 53
6. Except as provided in subsection 4 of this section, 54
before January 1, 2028, a person that manufactures 55
firefighting or fire-suppressing foam to which PFAS have 56
been intentionally added and sold, offered for sale, or 57
distributed in this state before January 1, 2028, shall: 58
(1) Provide written notification regarding the 59
prohibition to any person in the state that received such 60
foam from the manufacturer for sale, distribution, or use; 61
and 62
(2) Issue a recall of all such foam, which shall 63
include a process by which a person in the state that 64
received such foam will be reimbursed by the manufacturer 65
for the recalled foam. 66
7. The director may promulgate all necessary rules and 67
regulations for the administration of this section. Any 68
rule or portion of a rule, as that term is defined in 69
section 536.010, that is created under the authority 70
delegated in this section shall become effective only if it 71
complies with and is subject to all of the provisions of 72
chapter 536 and, if applicable, section 536.028. This 73
section and chapter 536 are nonseverable and if any of the 74
powers vested with the general assembly pursuant to chapter 75
536 to review, to delay the effective date, or to disapprove 76
and annul a rule are subsequently held unconstitutional, 77
then the grant of rulemaking authority and any rule proposed 78
or adopted after August 28, 2026, shall be invalid and void. 79
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