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SENATE AMENDED
PRIOR PRINTER'S NOS. 1384, 1484, 2053 PRINTER'S NO. 3231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1261
Session of
2025
INTRODUCED BY MUNROE, MAKO, HILL-EVANS, WARREN, PIELLI, GUENST,
CONKLIN, McNEILL, PROBST, KHAN, SCHMITT, KENYATTA, SANCHEZ,
DONAHUE, MERSKI, BOROWSKI, NEILSON, CEPEDA-FREYTIZ,
DOUGHERTY, STEELE, MAYES, SHAFFER, D. MILLER, RIVERA, POWELL,
GILLEN, CEPHAS, O'MARA, TOMLINSON, PROKOPIAK, K. HARRIS,
SALISBURY, T. DAVIS, KAZEEM, WEBSTER AND CURRY,
APRIL 17, 2025
SENATOR MASTRIANO, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, AS AMENDED, APRIL 21, 2026
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, FURTHER
PROVIDING FOR ASSISTANCE TO FIRE COMPANIES AND EMS COMPANIES
AND providing for protection against PFAS chemicals and for
firefighting protective equipment; in grants to fire
companies and emergency medical services companies, further
providing for award of grants; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
SECTION 1. SECTION 7364(A)(3) OF TITLE 35 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 7364. ASSISTANCE TO FIRE COMPANIES AND EMS COMPANIES.
(A) GENERAL RULE.--THE OFFICE IS AUTHORIZED, UPON
APPLICATION OF ANY FIRE COMPANY OR EMS COMPANY, TO MAKE LOANS
FOR THE FOLLOWING PURPOSES:
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(3) PURCHASING PROTECTIVE, ACCESSORY OR COMMUNICATION
EQUIPMENT. NO FIRE COMPANY OR EMS COMPANY SHALL RECEIVE A
LOAN FOR PROTECTIVE, ACCESSORY OR COMMUNICATIVE EQUIPMENT
MORE THAN ONCE IN ANY FIVE-YEAR PERIOD. EACH FIRE COMPANY OR
EMS COMPANY MAY APPLY FOR A LOAN FOR A MOBILE AND PORTABLE
RADIO UNIT FOR EACH EXISTING SERVICEABLE APPARATUS EQUIPMENT,
AMBULANCE OR RESCUE VEHICLE. RADIO EQUIPMENT OBTAINED THROUGH
LOANS UNDER THIS SUBCHAPTER SHALL BE EQUIPPED WITH A
FREQUENCY OR FREQUENCIES LICENSED BY THE FEDERAL
COMMUNICATIONS COMMISSION FOR FIREFIGHTING OR EMERGENCY
RESPONSE PURPOSES. P ROTECTIVE EQUIPMENT OBTAINED THROUGH
LOANS UNDER THIS SUBCHAPTER MUST MEET STANDARDS ADOPTED BY
THE COMMISSIONER TO ENSURE THAT THE PROTECTIVE EQUIPMENT DOES
NOT CONTAIN PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. A
NOTARIZED FINANCIAL STATEMENT SHALL BE FILED AND LOANS UNDER
THIS SUBCHAPTER FOR THE PURCHASE OF PROTECTIVE, ACCESSORY OR
COMMUNICATIVE EQUIPMENT SHALL NOT EXCEED [$25,000] $100,000.
* * *
SECTION 2. TITLE 35 IS AMENDED BY ADDING SECTIONS TO READ:
§ 7390. Protection against PFAS chemicals.
(a) Firefighting foam management.--
(1) Except as provided under this subsection, beginning
July 1, 2026 2027 , a manufacturer may not manufacture or
knowingly sell, offer for sale, distribute for sale or
distribute for use in this Commonwealth class B firefighting
foam containing an intentionally added PFAS chemical.
(2) Except as provided under this subsection, beginning
January 1, 2027 2028 , a person, including a firefighting
entity, may not use class B firefighting foam containing an
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intentionally added PFAS chemical in this Commonwealth.
(3) This subsection shall not apply to the manufacture,
sale, distribution or use of class B firefighting foam for
which the inclusion of a PFAS chemical is required by Federal
law, including 14 CFR 139.317 (relating to aircraft rescue
and firefighting: equipment and agents). If a Federal
requirement to include a PFAS chemical in class B
firefighting foam is revoked after July 1, 2025 JANUARY 1,
2027 , this subsection shall not apply for one year after the
requirement is revoked. The commissioner shall transmit
notice of the date of revocation to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
(4) This subsection shall not apply to any part of an
exempt facility.
(b) Duties of commissioner.--The commissioner shall have the
following duties:
(1) Assist a firefighting entity with evaluating and
determining how to transition to the use of class B
firefighting foam that does not contain an intentionally
added PFAS chemical.
(2) I n consultation with the Department of Environmental
Protection, develop a plan for the responsible disposal,
transportation, storage and destruction of any unexpended
stock of class B firefighting foam containing an
intentionally added PFAS chemical upon request by a
firefighting entity. The commissioner shall maintain a list
of vendors authorized to remove and incur liability in the
transport and removal of the class B firefighting foam
containing an intentionally added PFAS chemical.
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(3) IN CONSULTATION WITH THE DEPARTMENT OF GENERAL
SERVICES, MAINTAIN A LIST OF VENDORS AUTHORIZED TO REMOVE AND
INCUR LIABILITY IN THE TRANSPORT AND REMOVAL OF THE CLASS B
FIREFIGHTING FOAM CONTAINING AN INTENTIONALLY ADDED PFAS
CHEMICAL.
(c) Enforcement.-- The Department of Environmental Protection
shall receive and investigate complaints of any violation of
this section. The Department of Environmental Protection may
refer a suspected violation of this section to the Office of
Attorney General. The Office of Attorney General may bring an
action to impose a civil penalty for each violation under this
section.
(d) Penalties.--
(1) A person who violates this section shall be subject
to a civil penalty not to exceed $5,000 for a first offense.
(2) A person who violates this section for a second or
subsequent offense shall be subject to a civil penalty not to
exceed $10,000.
(3) Money collected under this subsection shall be
deposited into the Fire Company Grant Program established
under section 7811 (relating to establishment) .
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Class B firefighting foam." A foam designed for
extinguishing flammable-liquid fires.
"Exempt facility." An airport, chemical plant, oil refinery
or flammable liquid or natural gas terminal, storage facility or
distribution facility.
"Firefighting entity." An entity that engages in fire
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prevention or control activities in this Commonwealth. The term
includes a municipal fire department or volunteer fire company.
"Manufacturer." A person that manufactures, imports or
distributes firefighting foam.
§ 7391. Firefighting protective equipment.
(a) Warning labels.--A manufacturer of personal protective
equipment used in fire prevention, firefighting or fire control
activities shall affix a warning label to such product sold for
use in this Commonwealth that indicates if the product contains
an intentionally added PFAS chemical. The following shall apply:
(1) A manufacturer may provide further guidance about
the content of an intentionally added PFAS chemical through
the use of a quick-response code printed on the required
warning label that directs the consumer to a dedicated
publicly accessible Internet website maintained by the
manufacturer that is specific to the affected personal
protective equipment.
(2) If, after the sale of personal protective equipment,
a manufacturer learns and has true and accurate information
that the personal protective equipment contains an
intentionally added PFAS chemical, the manufacturer shall
have the following duties:
(i) Notify the last known purchaser of the presence
of the intentionally added PFAS chemical.
(ii) Post the relevant information on a dedicated
publicly accessible Internet website maintained by the
manufacturer that is specific to the affected personal
protective equipment.
(b) Enforcement.--The Office of the State Fire Commissioner
shall enforce the provisions of this section.
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(c) Violations.--
(1) A manufacturer shall be subject to a civil penalty
not to exceed $5,000 for a first violation and $10,000 for
each subsequent violation.
(2) Money collected under paragraph (1) shall be
transferred to the department for the Fire Company Grant
Program and the Emergency Medical Services Grant Program.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Firefighting entity." An entity that engages in fire
prevention, firefighting or fire control activities in this
Commonwealth. The term shall include municipal fire departments
and volunteer fire companies.
"Manufacturer." A person that manufactures, imports or
distributes domestically personal protective equipment for a
firefighting entity.
"Personal protective equipment." Items designed, intended or
marketed to be worn by firefighting entity personnel in the
performance of fire and rescue activities, including jackets,
pants, shoes, gloves, helmets and respiratory equipment.
Section 2 3. Section 7813(a) of Title 35 is amended by
adding paragraphs to read:
§ 7813. Award of grants.
(a) Authorization.--The commissioner is authorized to make a
grant award to each eligible fire company for the following:
* * *
(8) Disposal, transportation, storage and destruction of
any unexpended stock of class B firefighting foam containing
an intentionally added PFAS chemical in compliance with
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section 7390(b)(2) (relating to protection against PFAS
chemicals).
(9) Purchase or acquisition of class B firefighting foam
that does not contain an intentionally added PFAS chemical.
* * *
Section 3 4. This act shall take effect as follows:
(1) The addition of 35 Pa.C.S. § 7391 shall take effect
in 180 days.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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