Senate File 2033 - Introduced SENATE FILE 2033 BY WEBSTER A BILL FOR An Act relating to perfluoroalkyl and polyfluorinated 1 substances in fire fighter personal protective equipment and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5471XS (3) 90 je/js

S.F. 2033 Section 1. NEW SECTION . 100B.51 Disclosure of 1 perfluoroalkyl and polyfluorinated substances in fire fighter 2 personal protective equipment —— penalty. 3 1. For purposes of this section, unless the context 4 otherwise requires: 5 a. “Fire fighter personal protective equipment” includes 6 but is not limited to personal protective clothing, for either 7 structural or wild land uses, such as helmets, coats, boots, 8 pants, means of eye protection, gloves, and protective hoods; 9 self-contained breathing apparatus with integrated personal 10 alert safety system devices; and radio communications. 11 b. “Perfluoroalkyl substance” or “polyfluorinated substance” 12 means a class of fluorinated organic chemicals containing at 13 least one fully fluorinated carbon atom. 14 2. Any person, including a manufacturer, that sells fire 15 fighter personal protective equipment shall provide a written 16 notice to the purchaser at the time of sale if the equipment 17 contains intentionally added perfluoroalkyl or polyfluorinated 18 substances. The written notice shall include a notification 19 and product label stating the fire fighter personal protective 20 equipment contains perfluoroalkyl or polyfluorinated substances 21 and the reason the substance was added to the equipment. A 22 person selling fire fighter personal protective equipment and 23 the purchaser of the equipment shall retain a copy of the 24 written notice for at least three years from the date of sale. 25 3. Within sixty days of a request by the attorney general, 26 a city attorney, or a county attorney, the seller or purchaser 27 of fire fighter personal protective equipment shall provide to 28 the requestor the written notice required by subsection 2, or a 29 copy of the written notice, and associated sales documentation. 30 4. Within sixty days of a request by the attorney general, 31 a city attorney, or a county attorney, a manufacturer of fire 32 fighter personal protective equipment shall provide a written 33 certification that the manufacturer is in compliance with 34 subsection 2 for all fire fighter personal protective equipment 35 -1- LSB 5471XS (3) 90 je/js 1/ 3

S.F. 2033 the manufacturer has sold. 1 5. The attorney general, a city attorney, or a county 2 attorney may bring an action in district court to enforce this 3 section. A person found to have violated this section shall be 4 liable for a civil penalty not to exceed ten thousand dollars 5 per violation. Penalties collected shall be deposited with the 6 treasurer of state for credit to the fire fighting equipment 7 revolving loan fund established by the department of public 8 safety pursuant to 2003 Iowa Acts, ch. 177, §11. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill requires any person, including a manufacturer, 13 that sells fire fighter personal protective equipment, as 14 defined in the bill, to provide a written notice to the 15 purchaser at the time of sale if the equipment contains 16 intentionally added perfluoroalkyl or polyfluorinated 17 substances, as defined in the bill. The written notice shall 18 include a notification and product label stating the fire 19 fighter personal protective equipment contains perfluoroalkyl 20 or polyfluorinated substances and the reason the substance 21 was added to the equipment. The seller and purchaser of the 22 equipment shall each retain a copy of the written notice for at 23 least three years from the date of sale. 24 Within 60 days of a request by the attorney general, a city 25 attorney, or a county attorney, the seller or purchaser of fire 26 fighter personal protective equipment shall provide to the 27 requestor the written notice, or a copy of the written notice, 28 and associated sales documentation. The attorney general, a 29 city attorney, or a county attorney may also request a written 30 certification from a manufacturer that the manufacturer is in 31 compliance with the notice requirements for all fire fighter 32 personal protective equipment the manufacturer has sold. 33 The attorney general, a city attorney, or a county attorney 34 may bring an action in district court to enforce the bill. A 35 -2- LSB 5471XS (3) 90 je/js 2/ 3

S.F. 2033 person found to have violated this section shall be liable for 1 a civil penalty not to exceed $10,000 per violation. Penalties 2 collected shall be credited to the fire fighting equipment 3 revolving loan fund established by the department of public 4 safety. 5 -3- LSB 5471XS (3) 90 je/js 3/ 3