New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S2712

Introduced
5/26/22  
Refer
5/26/22  

Caption

Prohibits sale, manufacture, distribution, and use of firefighting foam containing intentionally added perfluoroalkyl and polyfluoroalkyl substances; requires DEP to establish collection and disposal program; appropriates $250,000.

Impact

If enacted, the legislation would introduce strict regulations around the use of Class B firefighting foams that include PFAS, notably affecting fire departments and facilities that rely on these products for fire suppression. The ban is set to take effect two years after the enactment of the bill, giving stakeholders time to transition to safer alternatives. Additionally, the DEP will provide a grants program to assist municipalities in covering the costs of switching to compliant firefighting foams, ensuring that communities can maintain fire safety without compromising public health.

Summary

Senate Bill 2712, introduced in New Jersey, focuses on prohibiting the sale, manufacture, distribution, and use of firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). These compounds are often linked to adverse health effects and environmental contamination. The bill tasks the Department of Environmental Protection (DEP) with establishing a program for the collection and safe disposal of such foams, alongside an appropriation of $250,000 for the initiative. This legislation reflects a significant step toward reducing the use of toxic substances in firefighting practices, aligning with broader public health and environmental goals.

Sentiment

The sentiment surrounding SB 2712 is generally positive among environmental advocates and public health officials who view the ban on PFAS-laden firefighting foam as a necessary measure to protect communities from toxic exposure. However, there may be concerns from some industrial sectors regarding the transition period and the availability of effective alternatives. The bill's provisions for waiver applications for certain facilities, like oil refineries, suggest a moderate approach to enforcement that balances public safety with operational realities in high-risk environments.

Contention

Notable points of contention include the exemptions allowed for federally mandated uses of PFAS and the possibility for facilities to apply for waivers to extend their use of these chemicals beyond the prohibitions outlined in the bill. Critics may argue that such waivers could undermine the legislation's effectiveness, allowing for continued reliance on harmful substances. The act of including a disposal program also raises questions about the management of currently stored PFAS foams and the ensurement of their environmentally safe disposal.

Companion Bills

NJ A4125

Same As Prohibits sale, manufacture, distribution, and use of firefighting foam containing intentionally added perfluoroalkyl and polyfluoroalkyl substances; requires DEP to establish collection and disposal program; appropriates $250,000.

Previously Filed As

NJ S1269

Requires producer 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.

NJ S1281

Prohibits sale, manufacture, and distribution of certain apparel containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.

NJ A797

Establishes requirements and prohibitions for sale and distribution of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.

NJ S733

Establishes requirements and prohibitions for sale and distribution of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.

NJ A1328

Requires producer 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.

NJ A5048

Prohibits sale, manufacture, and distribution of certain apparel and diaper products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.

NJ A3562

Restricts discharge of firefighting foams containing perfluoroalkyl or polyfluoroalkyl substances for training or testing purposes.

NJ LD222

An Act to Establish a Take-back and Disposal Program for Firefighting and Fire-suppressing Foam to Which Perfluoroalkyl and Polyfluoroalkyl Substances Have Been Added

NJ SB76A

Establishes provisions governing certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances. (BDR 52-291)

NJ S0241

Prohibits a manufacturer from manufacturing, knowingly selling, offering for sale, distributing for sale or distributing for use in the state any firefighting personal protective equipment containing intentionally-added PFAS as of January 1, 2027.

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