SB1898 - Relating to the discharge or use of certain firefighting foams for testing or training.

      By: Johnson S.B. No. 1898     (Vasut)           A BILL TO BE ENTITLED   AN ACT   relating to the discharge or use of certain firefighting foams for   testing or training.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 501, Health and Safety   Code, is amended by adding Section 501.027 to read as follows:           Sec.   501.027.     DISCHARGE OR USE OF CERTAIN FIREFIGHTING   FOAMS PROHIBITED FOR TESTING OR TRAINING. (a) In this section:                 (1)     "Fixed foam system" means a complete installation   engineered for flammable liquid fire hazards that discharges   through a fixed discharge device foam piped from a central foam   station onto a flammable liquid fire hazard. The installation must   have permanently installed foam proportioning components and may   contain multiple listed components and foam.                 (2)     "Perfluoroalkyl and polyfluoroalkyl chemicals"   means non-polymeric perfluoroalkyl substances, saturated   polyfluoroalkyl substances, and side-chain fluorinated polymers   that contain at least two fully fluorinated sequential carbon   atoms. The term does not include gases or substances that become   gases in use that are otherwise regulated by state or federal laws,   rules, or regulations, or by international protocols.                 (3)     "Testing facility" means a facility, including a   facility used for firefighter training, that allows for the   discharge of firefighting foam in a nonemergency situation for the   evaluation and calibration of firefighting equipment and foam.           (b)     A person may not discharge a Class B firefighting foam   designed to extinguish flammable liquid fires that contains   intentionally added perfluoroalkyl and polyfluoroalkyl chemicals:                 (1)  during or for the training of firefighters; or                 (2)     during or for testing, including calibration   testing, conformance testing, or fixed foam system testing, unless   the discharge or use:                       (A)  is otherwise:                             (i)     required by law or a rule or order of   the applicable state agency or political subdivision; or                             (ii)     necessary to meet applicable National   Fire Protection Association standards; and                       (B)     occurs in a testing facility that has   implemented appropriate containment, treatment, and disposal   measures to prevent the release of the foam into the environment.           (c)     A person shall use a non-fluorinated firefighting   training foam or other non-fluorinated surrogate during or for the   training of firefighters. Training that uses a non-fluorinated   firefighting training foam or other non-fluorinated surrogate   under this subsection must be conducted in a manner that ensures   collection of the used foam or surrogate, regardless of the foam or   surrogate type.           (d)  This section does not prohibit or restrict:                 (1)     the manufacture, sale, or distribution of   firefighting foam that contains intentionally added perfluoroalkyl   and polyfluoroalkyl chemicals; or                 (2)     the discharge or use of firefighting foam that   contains intentionally added perfluoroalkyl and polyfluoroalkyl   chemicals during emergency firefighting operations.          SECTION 2.  This Act takes effect September 1, 2025.