(1) Beginning August 2, 2021, a manufacturer of class B firefighting foam may not knowingly sell, offer for sale, distribute for sale, or distribute for use in the state class B firefighting foam to which PFAS chemicals have been added.
(2) The restrictions in subsection (1) of this section do not apply to the manufacture, sale, or distribution of class B firefighting foam:
Where the inclusion of PFAS chemicals is required by or authorized by federal lawincluding but not limited to 14 CFR 139, or implemented in accordance with federal aviation administration guidance, or otherwise required for a military purpose;
For use at a gasoline, special fuel, or jet fuel storage and distribution facility that issupplied by a pipeline, vessel, or refinery; a tank farm from which gasoline, special fuel, or jet fuel may be removed for distribution; or a refinery;
For use at a chemical plant; and
For use at the Eisenhower-Johnson tunnels, if deemed necessary by the departmentof transportation. If the department of transportation deems the use of such class B firefighting foam necessary, the department of transportation must also make a plan to contain and safely dispose of such class B firefighting foam and any water used in the cleanup of such class B firefighting foam.
Source: L. 2019: Entire part added, (HB 19-1279), ch. 427, p. 3725, § 3, effective August 2.