HB 1261 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in Commonwealth services, further providing for assistance to fire companies and EMS companies and providing for protection against PFAS chemicals and for firefighting protective equipment; in grants to fire companies and emergency medical services companies, further providing for award of grants; and imposing penalties.

PRINTER'S NO.   1384

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1261
                                                 Session of
                                                   2025

     INTRODUCED BY MUNROE, MAKO, HILL-EVANS, WARREN, PIELLI, GUENST,
        CONKLIN, McNEILL, PROBST, KHAN, SCHMITT, KENYATTA, SANCHEZ,
        DONAHUE, MERSKI, BOROWSKI AND NEILSON, APRIL 17, 2025

     REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
        PREPAREDNESS, APRIL 17, 2025


                                      AN ACT
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, in Commonwealth services, providing
 3      for protection against PFAS chemicals; and imposing
 4      penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 35 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 7390.    Protection against PFAS chemicals.
10      (a)    Firefighting foam management.--
11             (1)   Except as provided under this subsection, beginning
12      July 1, 2026, a manufacturer may not manufacture or knowingly
13      sell, offer for sale, distribute for sale or distribute for
14      use in this Commonwealth class B firefighting foam containing
15      an intentionally added PFAS chemical.
16             (2)   Except as provided under this subsection, beginning
17      January 1, 2027, a person, including a firefighting entity,
18      may not use class B firefighting foam containing an
 1      intentionally added PFAS chemical in this Commonwealth.
 2            (3)   This subsection shall not apply to the manufacture,
 3      sale, distribution or use of class B firefighting foam for
 4      which the inclusion of a PFAS chemical is required by Federal
 5      law, including 14 CFR 139.317 (relating to aircraft rescue
 6      and firefighting: equipment and agents). If a Federal
 7      requirement to include a PFAS chemical in class B
 8      firefighting foam is revoked after July 1, 2025, this
 9      subsection shall not apply for one year after the requirement
10      is revoked. The commissioner shall transmit notice of the
11      date of revocation to the Legislative Reference Bureau for
12      publication in the next available issue of the Pennsylvania
13      Bulletin.
14            (4)   This subsection shall not apply to any part of an
15      exempt facility.
16      (b)   Duties of commissioner.--The commissioner shall have the
17   following duties:
18            (1)   Assist a firefighting entity with evaluating and
19      determining how to transition to the use of class B
20      firefighting foam that does not contain an intentionally
21      added PFAS chemical.
22            (2)   In consultation with the Department of Environmental
23      Protection, develop a plan for the responsible
24      transportation, storage and destruction of any unexpended
25      stock of class B firefighting foam containing an
26      intentionally added PFAS chemical upon request by a
27      firefighting entity. The commissioner shall ensure that the
28      firefighting entity incurs no cost or liability for the
29      transportation, storage or destruction of the class B
30      firefighting foam containing an intentionally added PFAS

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 1      chemical.
 2      (c)   Use of grant awards.--Notwithstanding section 7813
 3   (relating to award of grants), a firefighting entity may use
 4   grant awards under the Fire Company Grant Program to purchase or
 5   acquire class B firefighting foam that does not contain an
 6   intentionally added PFAS chemical.
 7      (d)   Enforcement.--The Office of Attorney General shall
 8   enforce the provisions of this section.
 9      (e)   Penalties.--
10            (1)   A person who violates this section shall be subject
11      to a civil penalty not to exceed $5,000 for a first offense.
12            (2)   A person who violates this section for a second or
13      subsequent offense shall be subject to a civil penalty not to
14      exceed $10,000.
15            (3)   Money collected under this subsection shall be
16      deposited into the Online Training Educator and Training
17      Reimbursement Account.
18      (f)   Definitions.--As used in this section, the following
19   words and phrases shall have the meanings given to them in this
20   subsection unless the context clearly indicates otherwise:
21      "Class B firefighting foam."      A foam designed for
22   extinguishing flammable-liquid fires.
23      "Exempt facility."      An airport, chemical plant, oil refinery
24   or flammable liquid or natural gas terminal, storage facility or
25   distribution facility.
26      "Firefighting entity."      An entity that engages in fire
27   prevention or control activities in this Commonwealth. The term
28   includes a municipal fire department or volunteer fire company.
29      "Manufacturer."      A person that manufactures, imports or
30   distributes firefighting foam.

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1     Section 2.    This act shall take effect immediately.




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