Washington 2017-2018 Regular Session Status: Passed House 7 D cosponsors

HB 2793 — Reducing the use of certain toxic chemicals in firefighting activities.

Last action — Referred to Rules 2 Consideration.

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

This bill died with 2017-2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The latest version of Bill HB 2793 includes changes to the definitions and penalties related to the use of certain toxic chemicals in firefighting. Notably, the requirement for manufacturers to notify sellers about new restrictions on firefighting foam has been clarified, and provisions for penalties for violations have been updated to reflect stricter enforcement. This matters because it helps ensure that firefighting foam sold in Washington is safer for both the environment and public health, aiming to reduce the harmful impacts of these chemicals.

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H-4423.3SUBSTITUTE HOUSE BILL 2793State of Washington65th Legislature2018 Regular SessionBy House Environment (originally sponsored by Representatives Peterson, Doglio, Fitzgibbon, Riccelli, Bergquist, Tharinger, McBride, and Pollet)READ FIRST TIME 02/02/18.AN ACT Relating to reducing the use of certain toxic chemicals in firefighting activities;
H-3771.1HOUSE BILL 2793State of Washington65th Legislature2018 Regular SessionBy Representatives Peterson, Doglio, Fitzgibbon, Riccelli, Bergquist, Tharinger, McBride, and PolletRead first time 01/16/18.
Referred to Committee on Environment.AN ACT Relating to reducing the use of certain toxic chemicals in firefighting activities;
and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Class B firefighting foam" means foams designed for flammable liquid fires.(2) "Department" means the department of ecology.(3) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.(4) "Local governments" includes any county, city, town, fire district, regional fire protection authority, or other special purpose district that provides firefighting services.(5) "Manufacturer" includes any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or firefighting equipment.
and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Class B firefighting foam" means foams designed for flammable liquid fires.(2) "Department" means the department of ecology.(3) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.(4) "Local governments" includes any county, city, town, fire district, regional fire district, or other special purpose district that provides firefighting services.(5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, joint venture, importer, or domestic distributor of firefighting agents or firefighting equipment.
For the purposes of this subsection, "importer" means the owner of the product.(6) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.NEW SECTION.  Sec. 2.  (1) Beginning July 1, 2020, a manufacturer of class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added.(2) The restrictions in subsection (1) of this section do not apply to any manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS chemicals are required by federal law, including but not limited to the requirements of 14 C.F.R.
For the purposes of this subsection, "importer" means the owner of the product.(6) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.NEW SECTION.  Sec. 2.  (1) Beginning July 1, 2020, a manufacturer of class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added.(2) The restrictions in subsection (1) of this section do not apply to any sale or use of class B firefighting foam where the inclusion of PFAS chemicals are required by federal law, including but not limited to the requirements of 14 C.F.R.
In the event that applicable federal regulations change after January 1, 2018, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, then the department may adopt rules that restrict PFAS chemicals for the manufacture, sale, and distribution of firefighting foam for uses that are addressed by the federal regulation.(3) Beginning July 1, 2018, a person, local government, or state agency may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.NEW SECTION.  Sec. 3.  (1) Beginning July 1, 2018, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals.
In the event that applicable federal regulations change after January 1, 2018, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, then the department may adopt rules for the sales and uses of firefighting foam that are addressed by the federal regulation that restrict the use of firefighting foam that contains PFAS chemicals.NEW SECTION.  Sec. 3.  (1) Beginning July 1, 2018, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals.
Upon the request of the department, a person, manufacturer, or purchaser must furnish the notice, or written copies, and associated sales documentation to the department within sixty days.NEW SECTION.  Sec. 4.  (1) A manufacturer of class B firefighting foam restricted under section 2 of this act must notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions.(2) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited under section 2 of this act shall recall the product and reimburse the retailer or any other purchaser for the product.NEW SECTION.  Sec. 5.  (1) The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment.
Upon the request of the department, a person, manufacturer, or purchaser must furnish the notice, or written copies, and associated sales documentation to the department within sixty days.NEW SECTION.  Sec. 4.  (1) A manufacturer of class B firefighting foam restricted under section 3 of this act must notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions.(2) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited under section 3 of this act shall recall the product and reimburse the retailer or any other purchaser for the product.NEW SECTION.  Sec. 5.  (1) The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment.
A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.(2) Beginning July 1, 2018, the department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals have been intentionally added, consistent with section 2 of this act.
A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.(2) The department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to avoid purchasing or using firefighting agents containing PFAS chemicals, as required in section 2 of this act.
The department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.NEW SECTION.  Sec. 6.  A manufacturer of class B firefighting foam in violation of section 2 or 4 of this act, a person or local government in violation of section 2(3) of this act, or a person in violation of section 3 of this act, is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense.
The department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.NEW SECTION.  Sec. 6.  A manufacturer of class B firefighting foam in violation of section 2 or 4 of this act, or a person in violation of section 3 of this act, is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense.
Manufacturers, local governments, or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.
Manufacturers or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.
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Action History

  1. Referred to Rules 2 Consideration.

  2. Referred to Rules 2 Consideration.

  3. Placed on second reading by Rules Committee.

  4. Placed on second reading by Rules Committee.

  5. Referred to Rules 2 Review.

  6. Referred to Rules 2 Review.

  7. Minority; do not pass.

  8. ENVI - Majority; 1st substitute bill be substituted, do pass.

  9. Minority; do not pass.

  10. ENVI - Majority; 1st substitute bill be substituted, do pass.

  11. First reading, referred to Environment (Not Officially read and referred until adoption of Introduction report).

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 143 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (143)

143 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
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2793?
HB 2793 is sponsored by Beth Doglio (Democrat), Joe Fitzgibbon (Democrat), McBride, Strom Peterson (Democrat), Gerry Pollet (Democrat), Marcus Riccelli (Democrat), Steve Bergquist (Democrat), and Steve Tharinger (Democrat).
What is the current status of HB 2793?
This bill died with 2017-2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2793?
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