What AZ just passed, simplified.

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HB2641Starts January 1, 2029 (from and after December 31, 2028) (and 1 more date)

Starting January 1, 2029, people, local governments and state agencies may not discharge or use class B firefighting foam containing intentionally added PFAS chemicals for any purpose, including emergencies, unless federal regulation requires it; public airports have until after December 31, 2030.

Official title: PFAS; firefighting foam; prohibition

Local governmentsAviation users
  • January 1, 2029 (from and after December 31, 2028)
  • January 1, 2031 (from and after December 31, 2030): Compliance deadline for owners and operators of public airports

What changes

  • BeforeThe ban on using class B firefighting foam with intentionally added PFAS chemicals applied to training. The law stated it did not restrict use in emergency firefighting or fire prevention.

    NowThe ban covers discharge or use for any purpose. The statement exempting emergency firefighting and fire prevention is removed.

  • BeforeTesting with this foam was allowed if the testing facility had containment, treatment and disposal measures to prevent uncontrolled releases.

    NowThe separate testing rule and its containment exception are removed. Testing falls under the general ban on use for any purpose.

  • BeforeUse was allowed when required by law or federal regulation.

    NowUse is allowed only when required by federal regulation.

  • NowOwners or operators of a public airport do not have to follow the ban until after December 31, 2030. A public airport means one owned by a political subdivision of Arizona, such as a city or county, or one that is otherwise open to the public.

  • BeforeThe law stated it did not restrict the manufacture, sale or distribution of this foam.

    NowThat statement is removed. The remaining text limits discharge and use and does not separately mention manufacture, sale or distribution.

Who it affects

  • Anyone who discharges or uses class B firefighting foam
  • Fire departments, fire districts and other local governments that provide firefighting services
  • State agencies
  • Owners and operators of public airports
  • Facilities that test firefighting foam systems

What you need to do

Anyone who uses class B firefighting foam with intentionally added PFAS chemicals must stop using it for any purpose by January 1, 2029, unless federal regulation requires it. Public airport owners and operators have until after December 31, 2030.

What the law doesn't answer

  • What penalty, if any, applies for violating the ban
  • Which agency enforces the ban
  • Whether manufacture, sale or distribution of the foam is now restricted
  • What should be done with existing supplies of PFAS-containing foam
  • What alternative foams firefighters should use
  • Whether airports that are not public airports get any delay

This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.

Source

Read the official text ยท Report an error