§ 25-5-1303 — Restriction on sale of certain firefighting foams - exemptions

(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:

(a) Where the inclusion of PFAS chemicals is required by or authorized by
federal law including but not limited to 14 CFR 139, or implemented in accordance
with federal aviation administration guidance, or otherwise required for a military
purpose;

(b) For use at a gasoline, special fuel, or jet fuel storage and distribution
facility that is supplied 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;

(c) For use at a chemical plant; and

(d) For use at the Eisenhower-Johnson tunnels, if deemed necessary by the
department of 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.