AB 97 — Revises provisions governing toxic chemicals. (BDR 40-141)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

9797–Assemblyman AWatts SSEMBLYCHAPTER.......... BILL N O.

97–A SSEMBLYMAN W ATTS FEBRUARY 8, 2021 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions governing toxic chemicals.

(BDR 40-141) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(Chapter 459 of NRS) Section 12 of this bill prohibits, with certain exceptions, a person, political subdivision, local government or state or local agency from discharging, using or releasing, or allowing its employees or independent contractors to discharge, use or and polyfluoroalkyl substances for testing or firefighting training purposes.oalkyl Section 13 of this bill requires any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances forto testingnotify orthe firefightingDivision trainingof purposes.Environmental Protection of the State Department of Conservation and Natural Resources within 24 hours after the discharge, use or release.

Section 1314.5 of this bill requires anythe person,Division politicalto subdivision,establish locala governmentworking orgroup stateto orand localpolyfluoroalkyl agencysubstances.nmental whocontamination discharges,resulting usesfrom orperfluoroalkyl releases,Sections or8-9 allowsof itsthis firefightinfoamdethatecontainsaintentionalladdede,perfluoroalkylandClassbill Bdefine polyfluoroalkylvarious substancesterms relating to notify the Divisionprovisions of Environmentalsections Protection7-14.5 of -this *AB97_R1*bill. – 2 – the State Department of Conservation and Natural Resources within 24 hours after the discharge, use or release.

Section 14.5 of this bill requires the Division to establish a working group to study issues relating to environmental contamination resulting from perfluoroalkyl andSections 8-9 of this bill define various terms relating to the provisions of sections 7-14.5 of this bill.

Section 24 of this bill prohibits, with certain exceptions, the knowing children’smanufacture, product,sale, upholsteredoffering residentialfor furniture,sale, residentialdistribution textile,for businessofsale aor textiledistribution orfor mattressuse containingof anya flame-retardantchildren’s organohalogenatedproduct, chemicalupholstered inresidential furniture, residential textile, business any product component in amounts greater than 1,000 parts per million.

(1) harm the normal development disruptof thea endocrinefetus system;or child;

(2) cause cancer, genetic damage or reproductive harm;

(3) disrupt the endocrine system;

Section 26 of this bill makes a person who willfully and knowingly violates section 24 or 25 subject to a maximum civil penalty- of81st $1,000.Session (2021) – 2 – prohibitions.,000.

Sections 17-23 of this bill define certain terms related to these prohibitions.EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

SectionSections 1.1-5.

2.

(Deleted by amendment.) Sec.

3.

(Deleted by amendment.) Sec.

4.

(Deleted by amendment.) Sec.

5.

(Deleted by amendment.) Sec.

“Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” means Class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances that is designed to include at least one fully fluorinated carbon atom that is fully functional in the foam.

- *AB97_R1* – 3 – Sec.

Except as otherwise provided in this section and section 10 of this act, a person, political subdivision, local government or state or local agency shall not discharge, use or release, or allow its employees or independent contractors to discharge, use or release, any Class B firefighting foam that - 81st Session (2021) – 3 – contains intentionally added perfluoroalkyl and polyfluoroalkyl substances for the purpose of:

(a) Testing the Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances unless the person testing the foam has ensured that any measures necessary for the proper containment, treatment and disposal ofofs the foam are available at the testing location and such measures will prevent the release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances to the surrounding environment;

and - *AB97_R1* – 4 – 2.

14.14.5.Del1.edThe Division shall establish a working group to study issues relating to environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances in this State which must be composed of representatives of interested state and local public agencies, labor organizations, community organizations and trade associations.

(Deleted by amendment.) Sec.

14.5.

1.

The Division shall establish a working group to study issues relating to environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances in this State which must be composed of representatives of interested state and local public agencies, labor organizations, community organizations and trade associations.

- 81st Session (2021) – 4 – (c) Determine the potential sources of exposure to perfluoroalkyl and polyfluoroalkyl substances for residents of this State;