House committee substitute to the 1st edition makes the following changes. Adds a section title in Section 2 of the act. Deletes the appropriation to the UNC Board of Governors.
Adds new Part 8, Responsible Firefighting Foam Management Act, in Article 21A of GS Chapter 143, providing as follows. Prohibits a person, local government, or State agency from discharging Class B firefighting foam (defined as foams designed for flammable liquid fires) containing intentionally added PFAS chemicals, when used in training or practice. Also prohibits those same entities from making that same kind of discharge for testing (as defined) purposes, unless it is otherwise required by law or by an authority having jurisdiction, and a testing facility has implemented appropriate containment, treatment, and disposal measures to prevent release of the foam into the environment. Also defines PFAS chemicals and testing facility. Requires the use of non-fluorinated training foam or other non-fluorinated surrogates for firefighting training and requires training to be conducted under conditions conducive to the collection of spent foam regardless of foam type. Allows the Office of State Fire Marshal to adopt rules to implement the new Part. Makes conforming changes to the act's titles.
Bill H 355 (2021-2022)Summary date: May 5 2021 - View summary
Bill H 355 (2021-2022)Summary date: Mar 22 2021 - View summary
Identical to S 327, filed 3/22/21.
Enacts new Article 32B, Management of Aqueous Film-Forming Foams, to GS Chapter 58. States legislative findings concerning Aqueous Film-Forming Foams (AFFF). Establishes the following annual requirements, beginning July 1, 2022, for fire departments operated, regulated, or managed by State or local government(s), including those located at or serving public airports. Requires provision of an inventory of all AFFF at each department and identification of all AFFF no longer used at each department that should be properly disposed of. Requires annual reporting in summary form, and within 15 days individually, of every incident where AFFF were deployed by using the identified online portal. Provides for partnership with the Office of the State Fire Marshal (OSFM) in meeting the annual requirements. Charges the OSFM with the following duties: (1) educate and inform every fire department it regulates of the Article's reporting requirements; (2) assist the NC Policy Collaboratory at UNC-Chapel Hill (Collaboratory) in the development of an online reporting portal for reporting required by the Article; and (3) adopt permanent implementing rules by July 1, 2022. Authorizes the OSFM to adopt temporary rules. Requires the OSFM to annually report to the Environmental Review Commission by September 1 on the use and inventory of AFFF by fire departments in the state during the previous fiscal year based on the Article's reporting requirements.
Details requirements of the online reporting portal developed and maintained by the Collaboratory in collaboration with the OSFM and relevant government entities, consisting of an online reporting tool and related database that captures AFFF storage and deployment by subject fire departments. Requires easy accessibility to firefighters and fire department personnel to upload required data. Identifies six data categories that must be included in the inventory data, such as the number of trucks at each department that carry AFFF and the volume, trade name, and CAS number of the AFFF on each truck, as well as any other information deemed relevant by the Collaboratory to establish a statewide AFFF inventory. Mandates cooperation by the OSFM and local governments. Sets a deadline for the operation of the tool and database for June 1, 2022.
Appropriates $500,000 from the General Fund to the UNC Board of Governors for 2021-22 to be allocated to UNC-Chapel Hill for the described activities of the Collaboratory. Effective July 1, 2021.