A5195 A5223 ACS

Sponsored by:

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblyman GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Co-Sponsored by:

Assemblyman Hutchison

SYNOPSIS

Requires manufacturer of certain firefighting equipment containing perfluoroalkyl and polyfluoroalkyl substances to provide written notice to purchaser; prohibits sale, manufacture, and distribution of certain firefighting equipment containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.

CURRENT VERSION OF TEXT

Substitute as adopted by the Assembly Environment, Natural Resources, and Solid Waste Committee.

An Act concerning perfluoroalkyl and polyfluoroalkyl substances in firefighting personal protective equipment and supplementing Title 56 of the Revised Statues.

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

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

“Firefighting personal protective equipment” means any clothing or wearable items designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties that are designed for use in fire and rescue activities, including, but not limited to, jackets, pants, footwear, gloves, helmets, and respiratory equipment.

“Intentionally added PFAS” means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).

“Manufacturer” means the person that manufactures firefighting agents or firefighting equipment or whose brand name is affixed to the firefighting agent or firefighting equipment. In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).

2. a. Beginning one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), any manufacturer that sells firefighting personal protective equipment containing PFAS shall provide written notice to the purchaser at the time of sale stating:

(1) that the firefighting personal protective equipment contains PFAS;

(2) the reason for which the firefighting personal protective equipment contains PFAS; and

(3) the specific PFAS contained within the product, listed by chemical name and abbreviated name.

b. A manufacturer that sells firefighting personal protective equipment containing PFAS and the purchaser of the firefighting personal protective equipment containing PFAS shall retain a copy of the written notice provided pursuant to subsection a. of this section for at least three years from the date of purchase. Upon request from the division, the manufacturer or purchaser shall furnish the written notice, or a copy of the written notice, and associated sales documentation to the division within 60 days of the request.

c. A violation of the provisions of subsection a. 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.).

3. a. Beginning two years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), no person shall sell, offer for sale, manufacture, or distribute for sale or use in the State any firefighting personal protective equipment containing intentionally added PFAS.

b. A violation of the provisions of subsection a. 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.).

4. This act shall take effect immediately.