SENATE ENVIRONMENT AND ENERGY COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 3946

STATE OF NEW JERSEY

DATED:  JUNE 12, 2025

      The Senate Environment and Energy Committee reports favorably a Senate Committee Substitute for Senate Bill No. 3946.

      As substituted and reported, this bill would require producers of firefighting personal protective equipment containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) to provide written notice to the purchaser to inform the purchaser that the product contains intentionally added PFAS.  The bill would also prohibit the sale, manufacture, and distribution of firefighting personal protective equipment containing intentionally added PFAS.

      The bill would require written notices to be provided beginning one year after the bill’s effective date.  The bill would also require that the written notice state: (1) that the firefighting personal protective equipment contains intentionally added PFAS; (2) the reason for which the firefighting personal protective equipment contains intentionally added PFAS; and (3) the specific PFAS contained within the product, listed by chemical name and abbreviated name.  The bill would require both the producer and the purchaser to retain a copy of the written notice for at least three years from the date of purchase.  Upon request from the Division of Consumer Affairs in the Department of Law and Public Safety, or the Division of Fire Safety in the Department of Community Affairs, the producer or purchaser would be required to furnish the written notice, or a copy of the written notice, and associated sales documentation to the requesting agency within 30 days of the request.  The bill would establish provisions to determine who is to be considered the producer of a given piece of firefighting personal protective equipment, based on whether the person is the manufacturer, brand-holder, or first seller of the equipment.

      The bill would also prohibit, beginning two years after the bill’s effective date, the sale, manufacture, and distribution of firefighting personal protective equipment containing intentionally added PFAS within the State.  A violation of the bill’s provisions would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's “Consumer Fraud Act.”  An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.  In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.