Senate
Study
Bill
3099
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WEBSTER)
A
BILL
FOR
An
Act
relating
to
fire
fighting
foam
purchased
by
state
1
agencies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
NEW
SECTION
.
8A.316A
Fire
fighting
materials
1
——
preferences.
2
The
department
shall
do
all
of
the
following:
3
1.
Develop
procedures
and
specifications
for
the
purchase
4
of
soybean-based
fire
fighting
foam
that
does
not
contain
5
perfluoroalkyl
or
polyfluoroalkyl
substances
or
fluorine
6
components
and
is
certified
by
the
United
States
department
of
7
agriculture
as
a
certified
biobased
product.
8
2.
Require
that
purchases
of
fire
fighting
foam
be
made
9
from
a
seller
whose
product
contains
the
greatest
content
of
10
soybean-based
materials
without
containing
perfluoroalkyl
or
11
polyfluoroalkyl
substances
or
fluorine
components
unless
one
of
12
the
following
circumstances
regarding
a
specific
fire
fighting
13
foam
exists:
14
a.
The
product
is
not
available
within
a
reasonable
period
15
of
time
or
in
the
necessary
quantity
or
appropriate
container
16
size
to
meet
a
state
agency’s
needs.
17
b.
The
product
does
not
meet
the
class
A
and
class
B
18
fire
extinguishment
performance
tests
in
accordance
with
the
19
national
fire
protection
association’s
standard
on
wetting
20
agents,
NFPA
18.
21
c.
The
product
is
only
available
at
a
cost
greater
than
one
22
hundred
five
percent
of
the
cost
of
comparable
fire
fighting
23
foam
that
is
not
soybean-based
or
that
contains
perfluoroalkyl
24
or
polyfluoroalkyl
substances
or
fluorine
components.
25
3.
Establish
and
maintain
a
preference
program
for
26
procuring
biobased
fire
fighting
foam
containing
the
greatest
27
content
of
soybean-based
materials
without
containing
28
perfluoroalkyl
or
polyfluoroalkyl
substances
or
fluorine
29
components.
The
preference
program
must
include
but
is
not
30
limited
to
all
of
the
following:
31
a.
The
inclusion
of
the
preferences
for
fire
fighting
foam
32
products
in
publications
used
to
solicit
bids
for
fire
fighting
33
foam
from
suppliers.
34
b.
The
provision
of
a
description
of
the
fire
fighting
foam
35
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procurement
program
at
bidders’
conferences
in
which
bids
for
1
the
sale
of
fire
fighting
foam
are
sought
by
the
department
or
2
an
authorized
state
agency.
3
c.
Discussion
of
the
preference
requirements
in
fire
4
fighting
foam
procurement
solicitations
or
invitations
to
bid.
5
d.
Efforts
to
inform
industry
trade
associations
about
the
6
preference
program.
7
4.
a.
Provide
that
when
purchasing
fire
fighting
foam,
8
the
department
or
a
state
agency
authorized
by
the
department
9
to
directly
purchase
fire
fighting
foam
shall
give
preference
10
to
purchasing
biobased
fire
fighting
foam
manufactured
from
11
soybeans.
12
b.
Provide
for
the
implementation
of
requirements
necessary
13
to
carry
out
this
subsection,
which
must
include
all
of
the
14
following:
15
(1)
Including
the
preference
requirements
in
publications
16
used
to
solicit
bids
for
fire
fighting
foam.
17
(2)
Describing
the
preference
requirements
at
bidders’
18
conferences
in
which
bids
for
the
sale
of
fire
fighting
foam
19
are
sought
by
the
department
or
authorized
state
agency.
20
(3)
Discussing
the
preference
requirements
in
procurement
21
solicitations
or
invitations
to
bid
for
fire
fighting
foam.
22
(4)
Informing
industry
trade
associations
about
the
23
preference
requirements.
24
Sec.
2.
Section
8A.317,
subsection
3,
Code
2026,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
d.
A
soybean-based
fire
fighting
foam
as
27
provided
in
section
8A.316A.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
requires
the
department
of
administrative
32
services
(DAS)
to
develop
procedures
and
specifications
for
33
the
purchase
of
soybean-based
fire
fighting
foam
that
does
34
not
contain
perfluoroalkyl
or
polyfluoroalkyl
substances
35
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or
fluorine
components
and
that
is
certified
by
the
United
1
States
department
of
agriculture
as
a
biobased
product.
DAS
2
must
require
that
purchases
of
fire
fighting
foam
be
made
3
from
the
seller
whose
product
contains
the
greatest
content
4
of
soybean-based
materials
without
containing
perfluoroalkyl
5
or
polyfluoroalkyl
substances
or
fluorine
components
unless
6
such
fire
fighting
foam
is
unavailable
to
meet
a
state
7
agency’s
needs,
does
not
meet
the
standards
of
the
national
8
fire
protection
association,
or
costs
more
than
105
percent
9
of
the
cost
of
fire
fighting
foam
that
is
not
soybean-based
10
or
contains
perfluoroalkyl
or
polyfluoroalkyl
substances
or
11
fluorine
components.
12
DAS
must
create
a
program
for
procuring
the
preferred
fire
13
fighting
foam
and
must
share
information
about
the
preferences
14
for
fire
fighting
foam
products
in
publications
used
to
solicit
15
bids,
at
bidders’
conferences,
in
procurement
solicitations
or
16
invitations
to
bid,
and
with
industry
trade
associations.
17
DAS
must
provide
that
when
purchasing
fire
fighting
foam,
18
DAS
or
a
state
agency
authorized
by
DAS
to
directly
purchase
19
fire
fighting
foam
shall
give
preference
to
purchasing
biobased
20
fire
fighting
foam
manufactured
from
soybeans.
DAS
must
21
provide
for
the
implementation
of
requirements
necessary
for
22
DAS
or
a
state
agency
to
carry
out
the
preference
requirement,
23
including
by
distributing
the
preference
requirements
to
24
sellers.
25
The
bill
provides
that
Code
section
8A.317
(state
26
purchases
——
designated
biobased
products)
does
not
apply
to
27
soybean-based
fire
fighting
foam
under
the
bill.
28
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