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 TLSB 6606XC (2) 91 sc/ns
S.F. _____ 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 -1- LSB 6606XC (2) 91 sc/ns 1/ 3
S.F. _____ 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 -2- LSB 6606XC (2) 91 sc/ns 2/ 3
S.F. _____ 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 -3- LSB 6606XC (2) 91 sc/ns 3/ 3