§ 13:1K-43 — Definitions; Department of Environmental Protection, program established, provide for the collection, safe disposal, Class B firefighting foams containing intentionally added PFAS, certain.

2. a. As used in this section: "Class B firefighting foam" means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229). "Intentionally added PFAS" means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229). "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229). b. The Department of Environmental Protection shall establish a program to provide for the collection and safe disposal of certain Class B firefighting foams containing intentionally added PFAS, the use of which has been prohibited pursuant to section 1 of P.L.2023, c.243 (C.56:8-229), from fire departments in the State. The purpose of the program shall be to ensure that the Class B firefighting foams containing intentionally added PFAS are disposed of in a manner that protects the public health and the environment and to facilitate compliance by fire departments with the provisions of section 1 of P.L.2023, c.243 (C.56:8-229). c. Under the program: (1) the department shall be responsible for, and bear the cost of, collecting Class B firefighting foams containing intentionally added PFAS from fire departments that participate in the program and disposing of the foam in an environmentally sound manner; and (2) except as provided in subsection d. of this section, the participating fire department shall be responsible for, and bear the cost of, obtaining replacement firefighting foams that comply with the provisions of section 1 of P.L.2023, c.243 (C.56:8-229) and all other applicable State and federal laws. d. The department shall establish a procedure by which fire departments may voluntarily opt in to the program established pursuant to this section. e. As part of the program, the department shall award grants to qualifying municipalities to cover the costs of replacement class B firefighting foams that are purchased to replace firefighting foams that are prohibited under the provisions of section 1 of P.L.2023, c.243 (C.56:8-229). A municipality may apply to the department, in a form and manner determined by the department, for a grant, which shall be in an amount sufficient to fully reimburse the municipality for the costs of the replacement class B firefighting foam. In order to be eligible for a grant, a municipality shall demonstrate, to the department's satisfaction, that the costs of the replacement firefighting foam exceed 5 percent of annual operating expenses of the municipality's fire department, for municipalities having a population in excess of 40,000 persons and a population density in excess of 3,000 persons per square mile, or 2.5 percent of annual operating expenses of the municipality's fire department, for all other municipalities.L.2023, c.243, s.2.