Connecticut 2021 Regular Session Status: Enacted Bipartisan · 20 D · 8 R cosponsors

SB 837 — AN ACT CONCERNING THE USE OF PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES IN CLASS B FIREFIGHTING FOAM.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2021. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 43 sponsors

    43 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (20 D · 8 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill restricts the use of certain chemicals in firefighting foam.

This legislation prohibits the use of firefighting foam containing specific harmful chemicals for training and most firefighting purposes. It requires certain entities to implement mitigation measures and develop disposal programs for affected foams.

What this means for you
  • Environment: This law aims to reduce harmful chemical releases into the environment from firefighting practices.

Bill Text

What changed in the latest version

255 added · 94 removed

255 line(s) added, 94 removed.

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Senate General Assembly File No.
Substitute Senate Bill No.
126 January Session, 2021 Substitute Senate Bill No.
837 Public Act No.
837 Senate, March 24, 2021 The Committee on Environment reported through SEN.
21-191 AN ACT CONCERNING THE USE OF PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES IN CLASS B FIREFIGHTING FOAM.
COHEN of the 12th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE USE OF PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES IN CLASS B FIREFIGHTING FOAM.
(b) On and after the effective date of this section, no person, local government or state agency may use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl sSB837 / File No.
(b) (1) On and after the effective date of this section, no person, local government or state agency shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount for training or testing purposes.
126 1 sSB837 File No.
(2) Except as provided in subdivisions (3) to (5), inclusive, of this subsection, on and after October 1, 2021, no person shall use a class B Substitute Senate Bill No.
126 substance in any amount for training purposes.
837 firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance for any vapor suppression or firefighting purpose unless such fire is a flammable liquid-based fire and the Commissioner of Energy and Environmental Protection fails to identify an alternative to such use on or before July 1, 2021.
(c) On or after April 1, 2021, no person shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance for any firefighting purpose unless such fire is a petroleum-based fire and the Commissioner of Energy and Environmental Protection fails to identify an alternative to such use by January 1, 2021.
(3) For any airport-related entity with a facility that utilizes a fire suppression system containing class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance, on or before the effective date of this section, mitigation measures shall be employed to prevent releases of such foam into the environment, including the implementation of plans and physical features that are designed to prevent releases of such foam into the environment through the use of containment, treatment, and disposal of such foam, even when such foam is deployed in its intended manner.
(d) Not later than October 1, 2021, the Commissioner of Energy and EnvironmentalProtectionshall developor identify atake-back program for municipal sources of perfluoroalkyl and polyfluoroalkyl substances that results in the application of best management practices for the disposal of such substances.
Not later than October 1, 2023, any such system shall be removed or repurposed to remove such firefighting foam.
(e) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Energy and Environmental Protection.
(4) No person required by federal law to use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount shall use such foam upon the earlier of the following:
This act shall take effect as follows and shall amend the following sections:
(A) A change in federal law prohibiting the use of such foam, or (B) one year after a change in federal law to no longer require the use of such foam.
Section 1 from passage New section ENV Joint Favorable Subst.
(5) Any person who operates a chemical plant, oil refinery, or terminal, storage or distribution facility for flammable liquids may request an extension of time for compliance with the requirements of subdivision (2) of this subsection by applying to the Commissioner of Energy and Environmental Protection for such an extension.
sSB837 / File No.
Any such request shall specify why such extension is necessary and what containment, treatment, and disposal measures will be employed to prevent releases of such class B firefighting foam that contains an intentionallyaddedperfluoroalkylorpolyfluoroalkylsubstanceintothe Public Act No.
126 2 sSB837 File No.
21-191 2 of 9 Substitute Senate Bill No.
126 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
837 environment until compliance with subdivision (2) of this subsection can be achieved.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
The Commissioner of Energy and Environmental Protection may grant such an extension if the commissioner determines that such extension is necessary to remove or repurpose a fire suppression system containing such foam.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
Any such extension that is granted by the commissioner pursuant to this subdivision shall be limited to not longer than two years.
OFA Fiscal Note State Impact:
(c) Not later than October 1, 2021, the Commissioner of Energy and EnvironmentalProtectionshall developor identify atake-back program for municipally owned class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances that results in the application of best management practices for the disposal of such substances.
None Municipal Impact:
(d) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Energy and Environmental Protection.
None Explanation There is no anticipated cost to the state associated with the Department of Energy and Environmental Protection establishing or identifying a take-back program for municipal sources of perfluoroalkyl and polyfluoroalkyl substances (PFAS), as this program was already established using $2 million of General Obligation (GO) bond funds authorized in FY 20.
Sec.
Funds were fully allocated for this purpose in July 2020.
2.
No change to debt service is anticipated as a result of the bill, as all authorized bonds have already been made available to the program.
Section 22a-255h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
Background The Governor's proposed bond bill (SB 887) includes $1.15 million of new GO bond authorizations in each of FY 22 and FY 23 for grants to municipalities for the PFAS buy-back program.
As used in sections 22a-255g to 22a-255m, inclusive:
The Out Years State Impact:
(1) "Package" means any container, produced either domestically or in a foreign country, used for the marketing, protecting or handling of a product and includes a unit package, an intermediate package and a shipping container, as defined in the American Society of Testing and Materials specification D966.
None Municipal Impact:
"Package" also means any unsealed receptacle such as a carrying case, crate, cup,pail,rigidfoilor other tray, wrapper or wrapping film, bag or tub.
None sSB837 / File No.
(2) "Distributor" means any person who takes title or delivery from the manufacturer of a package, packaging component or product, produced either domestically or in a foreign country, to use for Public Act No.
126 3 sSB837 File No.
21-191 3 of 9 Substitute Senate Bill No.
126 OLR Bill Analysis sSB 837 AN ACT CONCERNING THE USE OF PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES IN CLASS B FIREFIGHTING FOAM.
837 promotional purposes or to sell.
SUMMARY This bill prohibits a person, local government, or state agency from usingaclassBfirefightingfoamwithintentionallyaddedperfluoroalkyl or polyfluoroalkyl substance (“PFAS”) in any amount for training purposes.
(3) "Packaging component" means any part of a package, produced either domestically or in a foreign country, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, label, dye, pigment, adhesive, stabilizer or other additive.
Under the bill, class B firefighting foam is used to extinguish flammable liquid fires and PFAS is a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Tin-plated steel that meets specification A623 of the American Society of Testing and Materials shall be considered as a single packaging component.
The bill also prohibits, beginning April 1, 2021, using this foam for any firefighting purposes unless (1) the fire is petroleum-based and (2) the Department of Energy and Environmental Protection (DEEP) commissioner did not identify an alternative to the foam by January 1, 2021.
Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the American Society of Testing and Materials specifications A653, A924, A879 and A591 shall be treated in the same manner as tin-plated steel.
Because the commissioner did not identify an alternative by that date, the foam may still be used for petroleum-based fires under the bill.
(4) "Commissioner" means the Commissioner of Energy and Environmental Protection or an authorized agent or designee of the commissioner.
By October 1, 2021, the bill requires the DEEP commissioner to develop or identify a take-back program for municipal PFAS sources that applies best management practices for their disposal.
(5) "Department" means the Department of Energy and Environmental Protection.
Lastly, the bill authorizes DEEP to enforce the bill’s provisions, within available appropriations.
(6) "Intermediate package" means a wrap, box, or bundle which contains two or more unit packages of identical items.
EFFECTIVE DATE:
(7) "Unit package" means the first tie, wrap, or container applied to a single item, a quantity of the same item, a set, or an item with all its component parts, whichconstitutesacomplete andidentifiablepackage containing the unit of issue of a product for ultimate use.
Upon passage COMMITTEE ACTION Environment Committee Joint Favorable Substitute Yea 32 Nay 0 (02/26/2021) sSB837 / File No.
(8) "Shipping container" means a container which is sufficiently strong to be used in commerce for packing, storing and shipping commodities.
126 4
(9) "Container" means a receptacle capable of closure.
(10) "Intentionally introduced" means deliberately utilized regulated Public Act No.
21-191 4 of 9 Substitute Senate Bill No.
Show all 89 changed rows (49 more)
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837 metal or PFAS in the formulation of a package or packaging component where the continued presence of such metal or PFAS is desired in the final package or packaging component to provide a specific characteristic, appearance or quality.
The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing where the incidental retention of a residue of said metal in the final package or packaging component is neither desired nor deliberate shall not be considered intentional introduction for the purposes of this section where such package or component is in compliance with subsection (c) of section 22a-255i, as amended by this act.
The use of post-consumer recycled materials as feedstock for the manufacture of new packaging materials where some portion of the recycled materials may contain amounts of the regulated metals or PFAS shall not be considered intentional introduction for the purposes of this section provided the new package or packaging componentisincompliancewithsubsection(c) or(e)ofsection22a-255i, as amended by this act, as applicable.
(11) "Distribution" means the process for transferring a package or packaging component for promotional purposes or resale.
Persons involved solely in delivering a package or packaging component on behalf of third parties shall not be considered distributors.
(12) "Manufacturer" means any person producing a package or packaging component as defined in subdivision (3) of this section.
(13) "Manufacturing" means the physical or chemical modification of a material to produce packaging or packaging components.
[(14) "Supplier" means any person, firm, association, partnership or corporation which sells, offers for sale or offers for promotional purposes packages or packaging components which will be used by any other person to package a product.] Public Act No.
21-191 5 of 9 Substitute Senate Bill No.
837 (14) "Incidental presence" means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.
(15) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(16) "Post-consumer recycled material" means a material generated by households or by commercial, industrial and institutional facilities as end-users of the product which can no longer be used for its intended purpose, including returns of material from the distribution chain.
"Post-consumer recycled material" does not include refuse-derived fuel or other material that is destroyed by incineration.
(17) "Food packaging" means any package or packaging component that is applied to or in direct contact with any food or beverage.
Sec.
3.
Section 22a-255i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
(a) As soon as feasible, but not later than October 1, 1992, no package or packaging component shall be offered for sale or promotional purposes in this state, by its manufacturer or distributor, if it is composed of any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced during manufacturing or distribution, as opposed to the incidental presence of any of these substances.
(b) As soon as feasible, but not later than October 1, 1992, no product shall be offered for sale or promotional purposes, in this state by its manufacturer or distributor, in a package which is composed of any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced during manufacturing or distribution, as opposed to the incidental presence of any of these substances.
Public Act No.
21-191 6 of 9 Substitute Senate Bill No.
837 (c) No package or packaging component shall be offered for sale or promotional purposes in this state by its manufacturer or distributor if the sum of the incidental concentration levels of lead, cadmium, mercury and hexavalent chromium present in such package or packaging component exceeds the following:
Six hundred parts per million by weight, effective October 1, 1992;
two hundred fifty parts per million, effective October 1, 1993;
and one hundred parts per million by weight, effective October 1, 1994.
(d) Concentration levels of lead, cadmium, mercury, and hexavalent chromium shall be determined using the United States Environmental Protection Agency Tests Methods for Evaluating Solid Waste, SW-846, as revised.
(e) As soon as feasible, but not later than December 31, 2023, no food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or forpromotionalpurposesinthisstatebyitsmanufacturerordistributor.
(f) No material used to replace a chemical regulated by sections 22a- 255g to 22a-255m, inclusive, in a package or packaging component may be used in a quantity or manner that creates a hazard as great as, or greater than, the hazard created by the chemical regulated by sections 22a-255g to 22a-255m, inclusive.
Sec.
4.
Section 22a-255k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
[No manufacturer or distributor of a product shall be deemed to have violated any provision of sections 22a-255g to 22a-255m, inclusive, if such manufacturer or distributor can show that, in the purchase of a package or packaging component, he relied in good faith on the written assurance of the manufacturer of such packaging or packaging component that such packaging or packaging component met the Public Act No.
21-191 7 of 9 Substitute Senate Bill No.
837 requirements of section 22a-255i.
Such written assurance shall take the form of a certificate of compliance stating that a package or packaging component is in compliance with the requirements of sections 22a-255g to 22a-255m, inclusive, provided if compliance is achieved pursuant to an exemption provided in section 22a-255j, the certificate shall state the specific basis upon which the exemption is claimed.
The certificate of compliance shall besignedby anauthorizedofficialofthe manufacturer or distributor.
A manufacturer or distributor of a package or packaging component shall furnish a copy of the certificate of compliance to the commissioner upon his request.] (a) Upon request, a certificate of compliance stating that a package or packaging component is in compliance with the requirements of sections 22a-255g to 22a-255m, inclusive, shall be furnished by its manufacturer or distributor to the purchaser of the packaging or packaging component or the Commissioner of Energy and Environmental Protection, as applicable.
In the event that an exemption is claimed pursuant to section 22a-255j, such certificate of compliance shall state the specific basis upon which the exemption is claimed.
Any such certificate of compliance shall be signed by an authorized official of the manufacturing or distributor.
A copy of the certificate of compliance shall be kept on file by the manufacturer or distributor of the package or packaging component provided any manufacturer or distributor may make the certificate of compliance available on such manufacturer's or distributor's Internet web site or through an authorized representative of such manufacturer or distributor, including, but not limited to, a packaging clearinghouse.
Any request made pursuant to this subsection for any certificate of compliance from the manufacturer or distributor of a package or packaging component shall be:
(1) Made in writing, (2) made specific as to the package or packaging component information requested, and (3) responded to by the manufacturer or distributor not later than sixty days after receipt of such request.
Public Act No.
21-191 8 of 9 Substitute Senate Bill No.
837 (b) If the manufacturer or distributor of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or distributor shall amend the applicable certificate of compliance for the reformulated or new package or packaging component.
(c) If the commissioner has grounds to suspect that a package is offered for sale in violation of this chapter, the commissioner may request that the manufacturer or distributor of the package provide a certificate of compliance with the applicable provisions of this chapter.
Notlaterthanthirtydaysafterreceiptofarequestunderthissubsection, themanufacturer or distributor shall:(1)Providethe commissionerwith the certificate attesting that the package complies with the provisions of this chapter, or (2) notify persons who sell the package in this state that the sale of the package is prohibited and provide the commissioner with a copy of the notice and a list of the names and addresses of those persons notified pursuant to this section.
Approved July 13, 2021 Public Act No.
21-191 9 of 9
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes prohibitions and requirements regarding the use of perfluoroalkyl or polyfluoroalkyl substances in Class B firefighting foam and modifies existing regulations regarding packaging and the introduction of hazardous substances.

  • (a) As used in this section: (1) "Perfluoroalkyl or polyfluoroalkyl substance" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom; (2) "Class B firefighting foam" means a foam used for the purpose of extinguishing flammable liquid fires; and (3) "Testing" includes calibration testing, conformance testing and fixed system testing as required by state or municipal law or policy.

    Defines key terms related to the bill.

  • (b) (1) On and after the effective date of this section, no person, local government or state agency shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount for training or testing purposes.

    Prohibits the use of specific firefighting foam containing PFAS for training or testing.

  • (2) Except as provided in subdivisions (3) to (5), inclusive, of this subsection, on and after October 1, 2021, no person shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance for any vapor suppression or firefighting purpose unless such fire is a flammable liquid-based fire and the Commissioner of Energy and Environmental Protection fails to identify an alternative to such use on or before July 1, 2021.

    Limits the use of specific firefighting foam to flammable liquid fires or in cases where no alternatives are identified.

  • (3) For any airport-related entity with a facility that utilizes a fire suppression system containing class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance, on or before the effective date of this section, mitigation measures shall be employed to prevent releases of such foam into the environment...

    Requires mitigation measures for airport entities using specific firefighting foam to prevent environmental releases.

  • (4) No person required by federal law to use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount shall use such foam upon the earlier of the following: (A) A change in federal law prohibiting the use of such foam, or (B) one year after a change in federal law to no longer require the use of such foam.

    Adjusts use requirements based on federal law changes for specific firefighting foam.

  • (5) Any person who operates a chemical plant, oil refinery, or terminal, storage or distribution facility for flammable liquids may request an extension of time for compliance with the requirements of subdivision (2) of this subsection...

    Allows time extensions for compliance for certain industrial entities regarding foam usage.

  • (c) Not later than October 1, 2021, the Commissioner of Energy and Environmental Protection shall develop or identify a take-back program for municipally owned class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances...

    Requires the development of a disposal program for municipal firefighting foam containing specific substances.

  • Section 22a-255h

    ["Supplier" means any person, firm, association, partnership or corporation which sells, offers for sale or offers for promotional purposes packages or packaging components which will be used by any other person to package a product.]

    Removes the definition of 'Supplier' from the existing statute.

  • Section 22a-255i

    (e) As soon as feasible, but not later than December 31, 2023, no food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes in this state by its manufacturer or distributor.

    Establishes a deadline for prohibiting PFAS in food packaging.

Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-191

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. PASSED, SEN. AMEND. SCH. A

  8. SEN. ADOPTED HO. AMEND. SCH. A

  9. DISAGREEING ACTION,TABLED FOR CAL., SEN.

  10. TRANSMITTED PURSUANT TO JOINT RULE 17

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE PASSED, SEN. AMEND. SCH. A

  13. HOUSE ADOPTED HOUSE AMEND. SCH. A

  14. HOUSE ADOPTED SEN. AMEND. SCH. A

  15. HOUSE CALENDAR NUMBER 488

  16. FAV. RPT., TABLED FOR HOUSE CALENDAR

  17. ON CONSENT CALENDAR

  18. SEN. PASSED, SEN. AMEND. SCH. A

  19. SEN. ADOPTED SEN. AMEND. SCH. A

  20. FILE NO. 126

  21. SENATE CALENDAR NUMBER 126

  22. FAV. RPT., TAB. FOR CAL., SEN.

  23. RPTD. OUT OF LCO

  24. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/23/21

  25. FILED WITH LCO

  26. Joint Favorable Substitute

  27. REF. TO JOINT COMM. ON Environment

Sponsors

Sponsorship breakdown

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43 sponsors · 0 co-sponsors · 144 not signed on

Sponsors (43)

Co-sponsors (0)

None.

Not signed on (144)

144 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety environment energy
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Frequently asked questions

Who sponsors SB 837?
SB 837 is sponsored by Gucker, Kenneth M, Winkler, Michael A., Paul Cicarella (Republican), Cook, Michelle L., Jennifer Leeper (Democratic), Ben McGorty (Republican), Witkos, Kevin D., Conley, Christine, Champagne, Dan, Ferraro, Charles J., Julie Kushner (Democratic), Geraldo C. Reyes (Democratic), Devlin, Laura M., John-Michael Parker (Democratic), Thomas, Stephanie, Gregory Haddad (Democratic), Lucy Dathan (Democratic), Raghib Allie-Brennan (Democratic), Tony Hwang (Republican), Kevin C. Kelly, Catherine A. Osten (Democratic), Palm, Christine, Kathy Kennedy (Republican), Bobby G. Gibson (Democratic), Hilda E. Santiago (Democratic), Saud Anwar (Democratic), Hennessy, John "jack" F., Jane M. Garibay (Democratic), Mary M. Mushinsky (Democratic), Michel, David, Formica, Paul M., Eleni Kavros DeGraw (Democratic), Kerry S. Wood (Democratic), Heather S. Somers (Republican), Kara Rochelle (Democratic), Josh Elliott (Democratic), Tami Zawistowski (Republican), Henri Martin (Republican), Robin E. Comey (Democratic), Larry B. Butler (Democratic), Patricia A. Dillon (Democratic), Rob Sampson (Republican), and Mccarty, K..
What is the current status of SB 837?
This bill has been enacted into law. Introduced February 04, 2021. Enacted.
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