* § 391-u. Restrictions on the sale and use of firefighting equipment\ncontaining PFAS chemicals. 1. As used in this section, unless the\ncontext clearly requires otherwise:\n (a) "Class B firefighting foam" means foams designed to prevent or\nextinguish ignitable liquid fires.\n (b) "Ignitable liquid fire" means any fire involving a flammable or\ncombustible liquid where blanketing and smothering for vapor suppression\nis needed to extinguish the fire.\n (c) "Firefighting personal protective equipment" means any clothing\ndesigned, intended, or marketed to be worn by firefighting personnel in\nthe performance of their duties, designed with the intent for the use in\nfirefighting and rescue activities, including jackets, pants, shoes,\ngloves, helmets, and respiratory equipment.\n (d) "Local governments" includes any county, city, town, village, fire\ndistrict, fire company as defined in section two hundred four-a of the\ngeneral municipal law, regional fire protection authority, or other\nspecial purpose district that provides firefighting services.\n (e) "Manufacturer" includes any person, firm, association,\npartnership, corporation, organization, joint venture, importer or\ndomestic distributor of firefighting agents or firefighting equipment.\n (f) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS\nchemicals" means, for the purposes of firefighting agents and\nfirefighting equipment, a class of fluorinated organic chemicals\ncontaining at least one fully fluorinated carbon atom.\n (g) "Person" means any individual, partnership, association, public or\nprivate corporation, limited liability company or any other type of\nlegal or commercial entity, including their members, managers, partners,\ndirectors, or officers.\n (h) "Intentionally added" shall have the same meaning as\n"intentionally added chemical" set forth in subdivision four of section\n37-0121 of the environmental conservation law.\n 2. No person or state agency shall discharge or otherwise use for\ntraining purposes class B firefighting foam that contains intentionally\nadded perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals).\n 3. (a) Commencing two years after the effective date of this section,\nno manufacturer of class B firefighting foam may manufacture, knowingly\nsell, offer for sale, distribute for sale, or distribute for use in this\nstate class B firefighting foam to which PFAS chemicals have been\nintentionally added except as provided in paragraph (b) of this\nsubdivision.\n (b) The restrictions in paragraph (a) of this subdivision shall not\napply to the manufacture, sale, or distribution of class B firefighting\nfoam:\n (1) For use in suppressing or preventing an ignitable liquid fire\nwhere the office of fire prevention and control, in consultation with\nthe department of environmental conservation and the department of\nhealth, through promulgation of a rule, exempts a use of class B\nfirefighting foam on the basis that an alternative firefighting agent to\nwhich PFAS chemicals have not been intentionally added and that is\neffective in suppressing or preventing an ignitable liquid fire is not\navailable. If the office of fire prevention and control exempts a use of\nclass B firefighting foam from the restrictions in paragraph (a) of this\nsubdivision, it shall re-evaluate available alternative firefighting\nagents at least every two years as long as the exemption remains in\nplace, and repeal such exemption upon a finding that an alternative\nfirefighting agent to which PFAS chemicals have not been intentionally\nadded is available that is effective in suppressing or preventing an\nignitable liquid fire.\n (2) Where the inclusion of PFAS chemicals are required by federal law\nor regulations. In the event that applicable federal laws or regulations\nchange after the effective date of this section to allow the use of\neffective alternative firefighting agents that do not contain PFAS\nchemicals, the office of fire
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