Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Restricts discharge of firefighting foams containing perfluoroalkyl or polyfluoroalkyl substances for training or testing purposes.
CURRENT VERSION OF TEXT
An Act restricting the discharge of certain firefighting foams for training or testing purposes and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person shall discharge a firefighting foam containing intentionally added perfluoroalkyl or polyfluoroalkyl substances for training purposes.
b. No person shall discharge a firefighting foam containing intentionally added perfluoroalkyl or polyfluoroalkyl substances for testing purposes unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of foam to the environment, including if testing is required by law or the authority having jurisdiction.
c. A person who violates subsection a. of this section shall be subject to a penalty of up to $2,500 for each violation, to be collected in a civil action in a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction over proceedings for the enforcement of the penalty provided by this section. The Department of Community Affairs or the enforcing official in the municipality in which the violation occurs shall enforce the provisions of subsection a. of this section.
d. As used in this section, "perfluoroalkyl or polyfluoroalkyl substance" means a synthetic organic compound containing at least one fully fluorinated carbon atom and designed to be fully functional in firefighting foam formulations.
2. This act shall not restrict (a) the manufacture, sale, or distribution of firefighting foam that contains intentionally added perfluoroalkyl or polyfluoroalkyl substances, or (b) the discharge of such foams in emergency firefighting or fire prevention operations.
3. This act shall take effect two years after the date of enactment.
This bill would formalize best practices that would ban the use of firefighting foam containing added perfluoroalkyl or polyfluoroalkyl substances (PFAS) for training and restrict their use in testing, which minimizes unnecessary environmental releases. At the same time, the bill would allow firefighters and other first responders to have access to the tools needed to appropriately respond to emergency situations by ensuring that the most effective firefighting foams are available to protect life and property.