It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-18.18-3, 23-18.18-4, 23-18.18-5 and 23-18.18-7 of the General Laws in Chapter 23-18.18 entitled "Consumer PFAS Ban Act of 2024" are hereby amended to read as follows: 23-18.18-3. Definitions. As used in this chapter:
(1) “Adult mattress” means a mattress other than a crib mattress or toddler mattress.
(2) “Apparel” means any of the following:
(i) Clothing items intended for regular wear or formal occasions, including, but not limited to: undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for workwear. Clothing items intended for regular wear or formal occasions does not include personal protective equipment or clothing items for exclusive use by the United States military; and
(ii) Outdoor apparel.
(3) “Artificial turf” means a man-made material that simulates the appearance of live turf, organic turf, grass, sod, or lawn.
(4) “Carpet” or “rug” means a consumer product made from natural or synthetic fabric intended for use as a floor covering inside commercial or residential buildings. “Carpet or rug” does not include:
(i) A carpet or rug intended solely for outdoor use;
(ii) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile, light duty truck, van, bus, or any other vehicle and any aftermarket or replacement part marketed solely for use in a vehicle;
(iii) A resilient floor covering;
(iv) Artificial turf;
(v) A wall hanging or covering;
(vi) A table mat; or
(vii) A camping sleeping mat.
(5) “Cookware” means durable cookware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. “Cookware” includes, but is not limited to, pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
(6) “Cosmetic” means:
(i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and
(ii) Articles intended for use as a component of any such article; except that such term shall not include soap.
(7) “Covered product” means the following:
(i) Artificial turf;
(ii) Carpets or rugs;
(iii) Cookware;
(iv) Cosmetics;
(v) Fabric treatments;
(vi) Juvenile products;
(vii) Menstrual products;
(viii) Ski wax;
(ix) Textile articles;
(x) Firefighting personal protective equipment.
(8) “Department” means the department of environmental management.
(9) “Director” means the director of the department of environmental management.
(10) “Fabric treatment” means a substance applied to fabric to give the fabric one or more characteristics, including, but not limited to, stain resistance or water resistance.
(11) “Ingredient” has the same meaning as defined in 21 C.F.R. Part 700 § 700.3(e) and does not include any incidental ingredient as defined in 21 C.F.R. Part 701 § 701.3.
(12) “Intentionally added PFAS” means PFAS added to a covered product or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function. “Intentionally added PFAS” also includes any degradation byproducts of PFAS or PFAS that are intentional breakdown products of an added chemical. The use of PFAS as a processing agent, mold release agent, or intermediate is considered intentional introduction for the purposes of this chapter where PFAS is detected in the final covered product.
(13) “Juvenile product” means a product designed for use by infants and children under twelve (12) years of age, including, but not limited to: a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress. “Juvenile product” shall not include any of the following:
(i) A children’s electronic product, including, but not limited to: a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, power cord, film, camera, audio, visual, or imaging equipment or sensors;
(ii) A medical device;
(iii) An adult mattress; or
(iv) Children’s electronic products containing integrated circuits, semiconductor package, or device that contains a semiconductor chip.
(14) “Manufacturer” means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.
(15) “Medical device” has the same meaning as the term “device” as defined in 21 U.S.C. § 321(h).
(16) “Menstrual product” means a product used to collect menstruation and vaginal discharge, including, but not limited to: tampons, pads, sponges, menstruation underwear, disks, applicators, and menstrual cups, whether disposable or reusable.
(17) “Outdoor apparel” means clothing items intended primarily for outdoor activities, including, but not limited to: hiking, camping, skiing, climbing, bicycling, and fishing.
(18) “Outdoor apparel for severe wet conditions” means apparel that are extreme and extended use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use. Examples of extreme and extended use products include outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.
(19) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(20) “Personal protective equipment” means equipment worn to minimize exposure to hazards that cause serious workplace injuries and illnesses that may result from contact with chemical, radiological, physical, biological, electrical, mechanical, or other workplace or professional hazards.
(21) “Product” means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, or residential, commercial, or industrial use, including for use in making other products. “Product” does not mean used products offered for sale or resale.
(22) “Product component” means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(23) “Ski wax” means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards to improve their grip or glide properties. “Ski wax” includes related tuning products.
(24) “Textile” means any item made in whole or part from a natural, manmade, or synthetic fiber, yarn, or fabric, and includes, but is not limited to: leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester. “Textile” does not include single-use paper hygiene products, including, but not limited to: toilet paper, paper towels or tissues, or single-use absorbent hygiene products.
(25) “Textile articles” means textile goods of a type customarily and ordinarily used in households and businesses, and include, but are not limited to: apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths. “Textile articles” does not include:
(i) A carpet or rug;
(ii) A treatment for use on covered textiles or leathers;
(iii) A textile used in or designed for laboratory analysis and testing;
(iv) A stadium shade or other architectural fabric structure; or
(v) Filtration or separation media processing equipment and plumbing, or a filter product used in industrial applications, including but not limited to, chemical or pharmaceutical manufacturing and environmental control technologies. 23-18.18-4. Prohibition on use of PFAS.
(a) Except as provided otherwise in this section, on and after January 1, 2027, no person shall manufacture, sell, offer for sale, or distribute for sale in the state any covered product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.
(b) Except as provided otherwise in this section, on and after January 1, 2029, no person shall manufacture, sell, offer for sale, or distribute for sale in the state:
(1) Artificial turf containing intentionally added PFAS; or
(2) Outdoor apparel for severe wet conditions containing intentionally added PFAS, unless it is accompanied by a legible, easily discernable disclosure that includes the following statement: “Made with PFAS chemicals.”
(c) If the department has reason to believe that a covered product contains intentionally added PFAS and the covered product is being offered for sale in the state, the director may direct the manufacturer of the product to, within thirty (30) days:
(1) Provide the director a certificate attesting that the covered product does not contain intentionally added PFAS; or
(2) Notify persons who sell, offer for sale, or distribute for sale a covered product prohibited under subsection (a) of this section, that the sale of that covered product is prohibited in this state and provide the director with a list of the names and addresses of those notified.
(d) The director may notify persons who sell or offer for sale a product prohibited under subsection (a) of this section, that the sale of that product is prohibited in this state.
(e) This section shall not apply to the sale or resale of used products.
(f) Notwithstanding any provision of this section, if a cosmetic product made through manufacturing processes intended to comply with this section contains an unavoidable trace quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the manufacturing process, storage or migration from packaging, or other such unintentional and unavoidable origin, such unavoidable trace quantity shall not cause the cosmetic product to be in violation of this section.
(g) Notices from the director made pursuant to subsections (c) and (d) of this section shall be sent by certified mail.
(h) The director may grant, with modifications or conditions, an exemption for a product or category of products if the director finds the following criteria are met:
(1) Use of the product is beneficial to the environment or protective of public health or protective of public safety; and/or
(2) There is no technically feasible alternative to the use of PFAS in the product; and
(3) There is no comparable non-PFAS-added product available at reasonable cost. Prior to issuing an exemption, the director shall consult with neighboring states and regional organizations to promote consistency. The state shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the director of continued eligibility under the criteria of this subsection and of compliance by the manufacturer with the conditions of the director’s original approval, an exemption may be renewed one or more times and each renewal may be for a period of no longer than five (5) years. 23-18.18-5. Ban in firefighting foam.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) “Class B firefighting foam” means foams designed for flammable liquid fires.
(2) "Department" means the department of environmental management. (2)(3) “Firefighting personal protective equipment” means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment. (3)(4) “Local government” means any county, city, town, fire district, regional fire protection authority, or other special purpose district that provides firefighting services. (4)(5) “Terminal” means an establishment primarily engaged in the wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid storage facilities.
(b) Beginning January 1, 2025, a person, local government, or state agency state department, agency, commission, council, or instrumentality, including a quasi-public agency, may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.
(c) Beginning January 1, 2025, a manufacturer of class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use or use in this state class B firefighting foam to which PFAS have been intentionally added.
(d) The restrictions in subsections (b) and (c) of this section do not apply to any manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS chemicals are required by federal law, including, but not limited to, the requirements of 14 C.F.R. § 139.317, as that section existed as of January 1, 2022. In the event that applicable federal regulations change after January 1, 2022, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, the restrictions set forth in subsection (b) of this section shall apply.
(1) A person that uses class B firefighting foam containing PFAS chemicals pursuant to subsection (d) of this section shall report the use of the foam to the state fire marshal and the department within five (5) business days of the use, including the identity of the foam, the quantity used, the total PFAS concentration, the application for which the foam was used, and the duration of the fire.
(2) A person that uses class B firefighting foam containing PFAS chemicals pursuant to subsection (d) of this section shall do all of the following:
(i) Allow no release directly to the environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
(ii) Fully contain all releases onsite;
(iii) Implement containment measures such as bunds and ponds that are controlled, impervious to PFAS, and do not allow firewater, wastewater, runoff, and other wastes to be released to the environment, such as to soils, groundwater, waterways, or stormwater;
(iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents releases to the environment;
(v) If there is a release to the environment, report the identity of the foam, the quantity used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that is released into the environment to the state fire marshal and the department within five (5) business days of the release; and
(vi) Document the measures undertaken pursuant to this subsection. In investigating compliance with this subsection, the department, the attorney general, a city attorney, or a city or town solicitor may request the documentation.
(e) A person operating a terminal after January 1, 2025, and who seeks to purchase class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the department for a temporary exemption from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. An exemption shall not exceed one year. The department of environmental management, in consultation with the department of health, may grant an exemption under this subsection if the applicant provides:
(1) Clear and convincing evidence that there is not a commercially available alternative that:
(i) Does not contain intentionally added PFAS; and
(ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the terminal;
(2) Information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the terminal;
(3) A report on the progress being made by the applicant to transition at the terminal to class B firefighting foam that does not contain intentionally added PFAS; and
(4) An explanation of how:
(i) All releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the terminal; and
(ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes from being released into the environment, including into soil, groundwater, waterways, and stormwater.
(f) Nothing in this section shall prohibit a terminal from providing class B firefighting foam in the form of aid to another terminal in the event of a class B fire.
(g) A manufacturer of class B firefighting foam restricted under subsection (c) of this section must notify, in writing, persons that sell the manufacturer’s products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions.
(h) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited under subsection (c) of this section shall recall the product and reimburse the retailer or any other purchaser for the product by March 1, 2025, and shall reimburse the retailer or any other purchaser for the product. A recall of the product shall include safe transport and storage and documentation of the amount and storage location of the PFAS-containing firefighting foam, until the department formally identifies a safe disposal technology. The manufacturer shall provide this documentation to the attorney general, or city or town solicitor upon request.
(i) The department may request a certificate of compliance from a manufacturer of class B firefighting foam, or firefighting personal protective equipment sold in this state. A certificate of compliance attests that a manufacturer’s product or products meets the requirements of this chapter. If the department requests such a certificate, the manufacturer shall provide the certificate within thirty (30) calendar days after the request is made.
(j) The department shall assist state agencies, fire protection districts, and other local governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals have been intentionally added.
(k) A manufacturer of class B firefighting foam in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each repeat offense. (l)(1) Beginning January 1, 2025, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains any PFAS. The written notice must include a statement that the firefighting personal protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the equipment.
(2) Beginning January 1, 2027, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency shall not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the state any firefighting personal protective equipment containing intentionally-added PFAS.
(m) The department shall assist state agencies, fire protection districts, and other local governments to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS.
(n) The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment must retain the notice on file for at least three (3) years from the date of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must furnish the notice, or written copies, and associated sales documentation to the department within sixty (60) days. 23-18.18-7. Violations.
(a) The director may obtain relief in equity or by prerogative writ whenever relief shall be necessary for the proper performance of the director's duties under this chapter. The superior court for Providence County shall have concurrent jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter. Proceedings for enforcement may be instituted and prosecuted in the name of the director, by either the director or by the attorney general, and in any proceeding in which the director or the attorney general seeks injunctive relief, it shall not be necessary to show that without this relief, the injury that will result will be irreparable, or that the remedy at law is inadequate. Proceedings provided for in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law.
(b) The director shall follow the procedures provided in § 42-17.1-2(21) in issuing any notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or permits promulgated thereunder.
(c) Effective January 1, 2027, a violation of any of the provisions of this law or any rule or regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.
(d) A manufacturer of class B firefighting foam in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each repeat offense.
SECTION 2. Chapter 23-18.18 of the General Laws entitled "Consumer PFAS Ban Act of 2024" is hereby amended by adding thereto the following section: 23-18.18-8. Interstate clearinghouse. The department may participate in the establishment and implementation of a multijurisdictional clearinghouse to assist in carrying out the requirements of this chapter. This includes, but is not limited to, the sharing of relevant information, maintenance of a database of all products containing intentionally added PFAS, and a file on exemptions or waivers granted by the participating jurisdictions.
SECTION 3. This act shall take effect upon passage.
