Permits fire departments to use certain Class B firefighting foam for one year after prohibition takes effect.

A1337

ASSEMBLY, No. 1337

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblyman DAN HUTCHISON

District 4 (Atlantic, Camden and Gloucester)

Assemblyman STERLEY S. STANLEY

District 18 (Middlesex)

SYNOPSIS

���� Permits fire departments to use certain Class B
firefighting foam for one year after prohibition takes effect.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning perfluoroalkyl and polyfluoroalkyl
substances in firefighting foam, and amending P.L.2023, c.243.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 1 of P.L.2023,
c.243 (C.56:8-229) is amended to read as follows:

���� 1.� a.�
(1)
Beginning
two years after the effective date of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, no person shall use, or shall sell, offer for
sale, manufacture, or distribute for sale or use in the State any class B
firefighting foam containing intentionally added PFAS
, except as provided in
paragraph (2) of this subsection.

����
(2) Beginning January 1,
2027, no fire department in the State shall use any class B firefighting foam
containing intentionally added PFAS.

���� b.� Subsection a. of this
section shall not apply to the sale, manufacture, distribution, or use of class
B firefighting foam for which the inclusion of PFAS is required by federal law,
or by a rule or regulation adopted pursuant thereto, including, but not limited
to, 14 C.F.R. s.139.317.� If a federal requirement to include PFAS in class B
firefighting foam is revoked, subsection a. of this section shall apply one
year after the requirement is revoked.

���� c.� Notwithstanding the
provisions of subsection a. to the contrary, the owner or operator of a
facility that uses a fixed foam fire suppression system for class B fires,
which system is designed for 110 percent containment of any expected discharge
volume, may use any class B firefighting foam containing intentionally added
PFAS until four years after the effective date of
[
this act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, provided that the use complies with the
provisions of subsection e. of this section.� A manufacturer or distributor may
manufacture class B firefighting foam for, or distribute or sell class B
firefighting foam to, a facility owner or operator for use pursuant to this
subsection.

���� d.� (1) Notwithstanding the
provisions of subsection a. to the contrary, the owner or operator of an oil
refinery or petroleum terminal may use any class B firefighting foam containing
intentionally added PFAS for fire suppression on a storage tank for combustible
or flammable liquids with a surface area of 120 square meters or greater, or
for fire suppression on a fuel-in-depth pool until eight years after the
effective date of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, provided that the use complies with the
provisions of subsection e. of this section.� A manufacturer or distributor may
manufacture class B firefighting foam for, or distribute or sell class B
firefighting foam to, a facility owner or operator for use pursuant to this
subsection.�

���� (2) The owner or operator of
an oil refinery or petroleum terminal that intends to continue the use of class
B firefighting foam containing intentionally added PFAS pursuant to paragraph
(1) of this subsection shall disclose this information to the Commissioner of
Community Affairs no later than two years after the effective date of
[
this act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
.� If, after providing this information to the
Commissioner of Community Affairs, the owner or operator of the oil refinery or
petroleum terminal intends to transition a facility to PFAS-free firefighting
foam, the owner or operator shall inform the Commissioner of Community Affairs
no later than 90 days prior to the proposed transition date.

���� (3)� (a) An owner or operator
of an oil refinery or petroleum terminal may apply to the Commissioner of
Community Affairs for a waiver to extend the exemption provided in paragraph
(1) of this subsection.

���� (b) An owner or operator of an
oil refinery or petroleum terminal that anticipates applying for a waiver
pursuant to this paragraph shall submit a notice of intent to the Commissioner
of Community Affairs no later than five years after the effective date of
[
this act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
.

���� (c) The Commissioner of
Community Affairs may grant a waiver if the applicant provides:

���� (i) clear and convincing
evidence that there is no commercially available replacement that does not
contain intentionally added PFAS and that is capable of suppressing fire for
that specific use;

���� (ii) information on the amount
of firefighting foam containing intentionally added PFAS stored, used, or
released by the applicant on an annual basis;

���� (iii) a detailed transition
plan, including a timeline, for the owner or operator of the oil refinery or
petroleum terminal to transition to firefighting foam that does not contain
intentionally added PFAS chemicals for that specific use; and

���� (iv) a plan for meeting the
requirements of subsection e. of this section.

���� (d) The Commissioner of
Community Affairs shall provide an applicant an opportunity to correct
deficiencies in an application for a waiver.

���� (e) The Commissioner of
Community Affairs shall not grant a waiver under this paragraph for a specific
use if any other oil refinery or petroleum terminal is known to have
transitioned to commercially available class B firefighting foam that does not
contain intentionally added PFAS chemicals for that specific use. The applicant
may provide evidence as to why this subparagraph is inapplicable, including
evidence that the specific use is different. In making a decision on a waiver,
the Commissioner of Community Affairs shall consider both information provided
by the applicant and information provided through public comment.

���� (f) The term of a waiver under
this paragraph shall not exceed two years. A waiver may be extended for one
additional consecutive term. All waivers shall expire no later than twelve
years after the effective date of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
.

���� (g) The Commissioner of
Community Affairs shall provide an opportunity for public comment during the
waiver application and review process.

���� (h) The owner or operator of
an oil refinery or petroleum terminal that has received a waiver may provide
and use class B firefighting foam containing intentionally added PFAS chemicals
in the form of mutual aid to another oil refinery or petroleum terminal at the
request of authorities only if the other oil refinery or petroleum terminal
also has a waiver.

���� (i) The Commissioner of
Community Affairs shall notify the waiver applicant of a decision within one
year after the date the application is received.

���� (j) The Department of
Community Affairs shall impose a fee on an applicant who requests a waiver or
waiver extension pursuant to this paragraph, in an amount not to exceed the
reasonable costs of administering the provisions of this paragraph.

���� e.� (1) A person that uses
class B firefighting foam containing intentionally added PFAS pursuant to
subsection c. or d. of this section shall report the use of the foam to the
Commissioner of Community Affairs within five business days after the use, including
the identity of the foam, the quantity used, the total PFAS concentration, the
application for which the foam was used, and the duration of the fire.

���� (2) A person that uses, or
plans to use, class B firefighting foam containing intentionally added PFAS
pursuant to subsection c. or d. of this section shall:

���� (a) not release PFAS chemicals
directly to the environment, such as to unsealed ground, soakage pits,
waterways, or uncontrolled drains;

���� (b) fully contain all releases
onsite;

���� (c) implement containment
measures such as bunds and ponds that are controlled, impervious to PFAS
chemicals, and do not allow water used for firefighting, wastewater, runoff, or
other wastes to be released to the environment, such as to soils, groundwater,
waterways, or stormwater;

���� (d) dispose of all water used
for firefighting, wastewater, runoff, and other wastes in a manner that
prevents releases to the environment;

���� (e) in the event of a release
of PFAS chemicals, report the identity of the foam, the quantity used, the
total PFAS concentration, and the form of any waste that contains PFAS
chemicals that is released into the environment immediately to the Department of
Environmental Protection; and

���� (f) document the measures
undertaken to comply with the provisions of this paragraph, which documentation
shall be retained by the person and made available to any State or local
official enforcing the provisions of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, upon request.

���� f.� No later than one year
after the effective date of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, a manufacturer of class B firefighting foam
containing intentionally added PFAS shall notify, in writing, persons that sell
the manufacturer's products in the State about the provisions of
[
this act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
.

���� g.� A manufacturer that
manufactures, sells, or distributes class B firefighting foam containing
intentionally added PFAS in the State after one year after the effective date
of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, except as authorized pursuant to subsections c.
and d. of this section, shall recall the product no later than 27 months after
the effective date of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, and shall reimburse the retailer or any other
purchaser for the product.� A recall of the product shall include safe
transport and storage, and documentation of the amount and storage location of
the class B firefighting foam containing intentionally added PFAS, until the
Department of Environmental Protection formally identifies a safe disposal
technology. The manufacturer shall retain this documentation and shall provide
it to any State or local official enforcing the provisions of
[
this act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, upon request.

���� h.� After the expiration of
any applicable exemption or waiver pursuant to subsections c. or d. of this
section, the owner or operator of a facility that uses a fixed foam fire
suppression system for class B fires, an oil refinery, or a petroleum terminal,
as applicable, shall safely store any remaining class B firefighting foam
containing intentionally added PFAS until the Department of Environmental
Protection formally identifies a safe disposal technology.� Safe storage shall
include safe transport and documentation of the amount and storage location of
the class B firefighting foam containing intentionally added PFAS. The operator
shall retain this documentation and shall provide it to any State or local
official enforcing the provisions of
[
this
act
]

P.L.2023,
c.243 (C.56:8-229 et al.)
, upon request.

���� i.� A violation of the
provisions of this section shall constitute an unlawful practice for the
purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the violator shall be
subject to all remedies and penalties available pursuant to P.L.1960, c.39
(C.56:8-1 et seq.).

���� j.� Nothing in this section
shall be construed to impose liability on any news media that accepts or
publishes advertising for any product that may fall within the scope of the
provisions of this section.

���� k.� As used in this section:

���� "Class B firefighting
foam" means foam designed to prevent or extinguish a fire in flammable
liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints,
solvents, lacquers, alcohols, and flammable gases.

���� "Fixed foam fire
suppression system" means: (1) an engineered or pre-engineered total
flooding or local application system consisting of a fixed supply of
extinguishing agent permanently connected for fixed agent distribution to fixed
nozzles that are arranged to discharge an extinguishing agent into an
enclosure, directly onto a hazard, or a combination of both; or (2) an
automatic sprinkler system.

���� "Fuel-in-depth pool"
means fuel pooling in an area bounded by contours of land or physical barriers
that are at least six inches in height, surround a surface area greater than
500 square meters, and are designed to retain fuel.

���� "Intentionally added
PFAS" means PFAS added to a product or one of the product's components to
provide a specific characteristic, appearance, or quality or to perform a
specific function.� "Intentionally added PFAS" also includes any degradation
byproducts of PFAS.

���� "Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom.

���� "Petroleum terminal"
means: (1) a bulk liquid storage facility exclusively engaged in the merchant
wholesale distribution of petroleum products, including liquefied petroleum
gas, which contains at least one storage tank containing petroleum products
with a surface area of 120 square meters or greater; or (2) a facility engaged
in the distribution of crude petroleum from extraction or processing
facilities, which includes at least one storage tank containing crude petroleum
with a surface area of 120 square meters or greater.

(cf: P.L.2023, c.243, s.1)

���� 2.� This act shall take effect
immediately.

STATEMENT

����� This bill would prohibit,
beginning January 1, 2027, the use of any class B firefighting foam containing
intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) by
fire departments in the State.� The amended bill permits fire departments an
additional year to use class B firefighting foam after the prohibition in
current law takes effect.�