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Today, the House passed House Bill 1261 – Protecting Firefighters and Communities from Toxic Forever Chemicals in Foam – by a vote of 202-0). This legislation will now go to the Senate for its consideration.

  • House Bill 1261 (Munroe-D) amends Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in Commonwealth services, providing for protection against PFAS chemicals; and imposing penalties.
    • Beginning July 1, 2026, a manufacturer may not manufacture or knowingly sell, offer for sale, or distribute for sale or use Class B firefighting foam containing an intentionally added PFAS chemical.
    • Furthermore, beginning January 1, 2027, class B firefighting foam containing PFAS chemicals may not be used in the Commonwealth.
    • The legislation makes an exception for foam for which the inclusion of a PFAS chemical is required by Federal law and for exempt facilities, including 14 CFR 139.317 (relating to aircraft rescue and firefighting: equipment and agents).
      • NOTE: Presumably: airports, chemical plants, oil refineries or flammable liquid or natural gas terminals, storage facilities or distribution facilities.
    • The State Fire Commissioner is required to assist firefighting companies with evaluating and determining how to transition to Class B foams that do not contain intentionally added PFAS chemicals.
      • The Commissioner is also required to, in consultation with the DEP, develop a plan for the disposal, transportation, storage, and destruction of any unexpected stock of PFAS containing foam upon a request from a firefighting entity.
      • The commissioner is required to maintain a list of vendors authorized to remove the foam and incur any liability for transport and removal.
    • DEP is tasked with receiving and investigating complaints of any violations of this section and may refer suspected violations to the Office of Attorney General.
      • For a first violation, a person is subject to a civil penalty not to exceed $5,000.
      • A second or subsequent violation is subject to a civil penalty not to exceed $10,000 for each violation.
      • All fines or penalties collected will be deposited into the Fire Company Grant Program.
    • With respect to firefighting protective equipment, it provides that a manufacturer of personal protective equipment (PPE) used in fire prevention, firefighting, or fire control activities to affix a warning label to the product if it contains an intentionally added PFAS chemical. It also requires manufacturers to notify the last known purchaser and post relevant information on their website if they learn that equipment contains an intentionally added PFAS after the sale. The Office of the State Fire Commissioner is required to enforce the provisions of this section:
      • For a first violation, a person is subject to a civil penalty not to exceed $5,000.
      • A second or subsequent violation is subject to a civil penalty not to exceed $10,000 for each violation.
      • All fines and penalties collected will be deposited into the Fire Company Grant Program and the Emergency Medical Services Grant Program.
    • Finally, it amends the Fire Company Grant Program to allow fire companies to apply for the disposal, transportation, storage, and destruction of any unexpended stock of class B firefighting foam containing an intentionally added PFAS chemical and to purchase class B firefighting foam that does not contain an intentionally added PFAS chemical.
    • Status: Passed House, 202-0, 7/1/2025

 

This legislation does not include the water industry’s backflow prevention language that we’ve been advocating for since the McKeesport incident. However, we continue to be in contact with the Senate Environmental Resources & Energy Committee and have made that request again.

We will keep you apprised of this legislation.

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