(a)As used in this section:
(1)“Perfluoroalkyl or polyfluoroalkyl substance” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom;
(2)“Class B firefighting foam” means a foam used for the purpose of extinguishing flammable liquid fires; and (3) “Testing” includes calibration testing, conformance testing and fixed system testing as required by state or municipal law or policy.
(b)(1) On and after July 13, 2021, no person, local government or state agency shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount for training or testing purposes.
(2)Except as provided in subdivisions (3) to (5), inclusive, of this subsection, on and after October 1, 2021, no person s
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(a) As used in this section: (1) “Perfluoroalkyl or polyfluoroalkyl substance” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom; (2) “Class B firefighting foam” means a foam used for the purpose of extinguishing flammable liquid fires; and (3) “Testing” includes calibration testing, conformance testing and fixed system testing as required by state or municipal law or policy. (b) (1) On and after July 13, 2021, no person, local government or state agency shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount for training or testing purposes. (2) Except as provided in subdivisions (3) to (5), inclusive, of this subsection, on and after October 1, 2021, no person shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance for any vapor suppression or firefighting purpose unless such fire is a flammable liquid-based fire and the Commissioner of Energy and Environmental Protection fails to identify an alternative to such use on or before July 1, 2021. (3) For any airport-related entity with a facility that utilizes a fire suppression system containing class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance, on or before July 13, 2021, mitigation measures shall be employed to prevent releases of such foam into the environment, including the implementation of plans and physical features that are designed to prevent releases of such foam into the environment through the use of containment, treatment, and disposal of such foam, even when such foam is deployed in its intended manner. Not later than October 1, 2023, any such system shall be removed or repurposed to remove such firefighting foam. (4) No person required by federal law to use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount shall use such foam upon the earlier of the following: (A) A change in federal law prohibiting the use of such foam, or (B) one year after a change in federal law to no longer require the use of such foam. (5) Any person who operates a chemical plant, oil refinery, or terminal, storage or distribution facility for flammable liquids may request an extension of time for compliance with the requirements of subdivision (2) of this subsection by applying to the Commissioner of Energy and Environmental Protection for such an extension. Any such request shall specify why such extension is necessary and what containment, treatment, and disposal measures will be employed to prevent releases of such class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance into the environment until compliance with subdivision (2) of this subsection can be achieved. The Commissioner of Energy and Environmental Protection may grant such an extension if the commissioner determines that such extension is necessary to remove or repurpose a fire suppression system containing such foam. Any such extension that is granted by the commissioner pursuant to this subdivision shall be limited to not longer than two years. (c) Not later than October 1, 2021, the Commissioner of Energy and Environmental Protection shall develop or identify a take-back program for municipally owned class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances that results in the application of best management practices for the disposal of such substances. (d) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Energy and Environmental Protection.