(a) For purposes of this section, the following definitions apply: (1) âClass B firefighting foamâ means foam designed to prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases. (2) âFixed foam fire suppression systemâ means an engineered or preengineered total flooding or local application system consisting of a fixed supply of extinguishing agent permanently connected for fixed agent distribution to fixed nozzles that are arranged to discharge an extinguishing agent into an enclosure (total flooding), directly onto a hazard (local application), or a combination of both; or an automatic sprinkler system. (3) âFuel-in-depth poolâ means fuel pooling in an area bounded by contours of land or physical barriers that are at least six inches in height, surround a surface area greater than 500 square meters, and are designed to retain fuel. (4) âManufacturerâ means a person that manufactures, imports, or distributes class B firefighting foam. (5) âPerfluoroalkyl and polyfluoroalkyl substancesâ or âPFASâ means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (6) âPersonâ has the same meaning as defined in Section 19 and includes a public entity. (7) âPublic entityâ has the same meaning specified in Section 13050.1. (8) âTerminalâ means a bulk liquid storage facility exclusively engaged in the merchant wholesale distribution of petroleum products, including liquefied petroleum gas, that contains at least one storage tank containing petroleum products with a surface area of 120 square meters or greater or a facility engaged in the distribution of crude petroleum from extraction or processing facilities, that includes at least one storage tank containing crude petroleum with a surface area of 120 square meters or greater. (b) (1) Except as provided in paragraphs (2) to (6), inclusive, commencing January 1, 2022, a manufacturer of class B firefighting foam shall not manufacture, or knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, and no person shall use in this state, class B firefighting foam containing intentionally added PFAS chemicals. (2) This subdivision does not apply to any manufacture, sale, distribution, or use of class B firefighting foam for which the inclusion of PFAS chemicals is required by federal law, including, but not limited to, Section 139.317 of Title 14 of the Code of Federal Regulations. If a federal requirement to include PFAS chemicals in class B firefighting foam is revoked after January 1, 2021, this subdivision shall not apply for one year after the requirement is revoked. (3) Paragraph (1) does not apply until January 1, 2024, to any part of a facility that does both of the following: (A) Uses a fixed foam fire suppression system for class B fires. (B) Has in place a system designed for 110 percent containment of any expected discharge volume. (4) Paragraph (1) does not apply until January 1, 2028, to any manufacture, sale, or distribution of class B firefighting foam to, or to use by, a person at a terminal or an oil refinery, which may include the use of a fixed foam fire suppression system, for either of the following uses: (A) For use on a storage tank for combustible or flammable liquids with a surface area of 120 square meters or greater. (B) For use for fire suppression on a fuel-in-depth pool. (5) The operator of a terminal or an oil refinery that meets the criteria specified in paragraph (4) shall disclose this information to the State Fire Marshal on or before January 1, 2022. If, after providing this information to the State Fire Marshal, the operator of a terminal or an oil refinery described in paragraph (4) intends to transition a facility to PFAS-free firefighting foam, the operator shall inform the State Fire Marshal no later than 90 days prior to the propos
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