Existing law requires any person that sells firefighter personal protective equipment to provide written notice to the purchaser if the equipment contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law requires the seller to retain a copy of the written notice and provide the notice to specified law enforcement entities, including the Attorney General, upon request. Existing law makes a violation of those provisions subject to a penalty of up to $5,000 for a first violation and up to $10,000 for a subsequent violation.

This bill, commencing July 1, 2026, would prohibit a person from manufacturing, knowingly selling, offering for sale, distributing for sale, distributing for use, or using purchasing or accepting for future use in this state firefighter personal protective equipment containing PFAS. intentionally added PFAS chemicals. The bill would make a violation of this provision subject to the civil penalty provisions described above. The bill would specify that an individual firefighter shall not be personally liable for payment of the civil penalty.

Existing law requires the Occupational Safety and Health Standards Board, in consultation with the Department of Industrial Relations, every 5 years, as specified, to review all revisions to National Fire Protection Association (NFPA) standards pertaining to personal protective equipment covered by specified safety orders. If the review finds the revisions provide a greater degree of personal protection than the safety orders, existing law requires the board to consider modifying existing safety orders and to render a decision regarding changing safety orders or other standards and regulations to maintain alignment of the safety orders with the NFPA standards no later than July 1 of the subsequent year.

This bill would require the board, in consultation with the department, within one year of the NFPA updating a specified standard on protective ensemble for structural firefighting and proximity firefighting to include PFAS-free turnout gear, to update the applicable safety orders, or other standards or regulations, to maintain alignment with the NFPA standard.

The bill would state related findings and declarations of the Legislature.

Existing law requires the Department of Industrial Relations, among other things, to convene an advisory committee to evaluate whether changes are needed to align specified regulations with the applicable and most recently adopted standards of the National Fire Protection Association. Existing law requires the committee to be composed of parties in both management and labor, represent a cross section of the fire protection industry and community, and be competent and knowledgeable regarding personal protective clothing and equipment for firefighters and firefighting practices generally.

This bill would make a nonsubstantive change to the provisions described above that require the department to convene an advisory committee.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2408 (Haney) - Firefighter personal protective equipment: perfluoroalkyl and polyfluoroalkyl substances

Bill Summary:

This bill would prohibit manufacture, sale, distribution, or purchase of any firefighter personal protective equipment (PPE) containing intentionally added per- and poly-fluoroalkyl substance (PFAS) chemicals, as provided, and would require that the California Occupational Safety and Health Standards Board (OSHSB) update its standards to include PFAS-free turnout gear.

Fiscal Impact:

• The California Department of Forestry and Fire Protection (CalFire) estimates one-time costs of $94 million (General Fund) to replace its current supply of structural turnouts given the ambiguity of on the future use (rather than manufacture, sale, etc.) of PPE with intentionally added PFAS. CalFire notes there is not currently a PFAS-free product that could replace its structural turnout gear.
• Unknown but potentially significant cost pressures (Trial Court Trust Fund and General Fund) to the courts for adjudication of enforcement actions filed by public prosecutors. This bill would authorize specified public prosecutors to enforce violations of the bill’s prohibition on the sale and use of PPE containing PFAS. Actual costs would depend on the number of violations that result in cases filed. In general, it costs approximately $1,000 to operate a courtroom for one hour. If 10 cases are filed statewide and each requires two days of court time to resolve, the resulting trial court workload would cost about $160,000. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund.

Background:

With a high chance for exposure and substantial hazard traits, PFAS pose high risks for human, environmental, and animal health. PFAS exposure occurs mainly through ingestion of contaminated food or liquids. Exposure can also occur through inhalation of indoor air or contact with contaminated media. PFAS can be transferred from mother to child during pregnancy and breastfeeding. PFAS remains in the body for a long time, so as people continue to be exposed to PFAS, the PFAS levels in their bodies may accumulate.

According to the Department of Toxic Substances Control (DTSC), all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations. Several PFAS bioaccumulate significantly in animals or plants and emerging evidence points to their phytotoxicity, aquatic toxicity, and terrestrial ecotoxicity. DTSC also contends that exposure to PFAS can lead to adverse health outcomes in humans. According to the U.S. EPA, current peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to reproductive effects such as decreased fertility or increased high blood pressure in pregnant women; developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes; increased risk of some cancers, including prostate, kidney, and testicular cancers; reduced ability of the body’s immune system to fight infections, including reduced vaccine response; interference with the body’s natural hormones; and, increased cholesterol levels and/or risk of obesity. PFAS can cause these health harms at extremely low levels; California and the EPA warn of the health harms for some PFAS in the parts per trillion range (the equivalent of one drop of water in 20 Olympic-sized swimming pools).

Firefighter exposure to PFAS. Elevated levels of PFAS chemicals have been documented in the bodies of firefighters, with evidence suggesting that the exposures are occupationally related. The Firefighter Occupational Exposures Project, a study of environmental chemical exposures in firefighters as part of Biomonitoring California, found that concentrations of a particular perfluorinated chemical were approximately three times higher in the firefighters tested than in adult males participating in the National Health and Nutrition Examination Survey (NHANES).

There are numerous potential PFAS exposure pathways for firefighters that have been documented in scientific studies, including from aqueous film-forming foams (which was restricted in California in 2022 with the chaptering of SB 1044, Allen), and firefighter personal protective equipment (PPE). Firefighter PPE, or “turnout gear” has three layers: the thermal layer closest to the skin, a moisture barrier for water resistance, and the outer shell. There are several scientific studies documenting the presence of numerous PFAS substances in the jacket and pants of firefighter PPE. These studies show that fluorochemicals can be shed from the textiles during the in-service lifetime of the garment, serving as an exposure route for firefighters to these chemicals.

The National Fire Protection Association (NFPA) Standard. The NFPA is a nonprofit organization that publishes standards related to fire safety, including product safety standards for firefighter PPE. The NFPA standard, NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, sets the minimum levels of protection from thermal, physical, environmental, and bloodborne pathogen hazards. The NFPA 1971 standard is currently being updated and consolidated with other NFPA standards, with a final version likely to be adopted in 2024.

The functional use of PFAS in firefighter turnout gear. PFAS is mainly concentrated in the pants and jackets of turnouts within the inner moisture barrier layer. Currently, the NFPA Standard requires that firefighter PPE meet a 48-hour ultraviolet (UV) light degradation resistance test that, to date, can only be met with the addition of PFAS materials. However, given that the materials inside the fabric of firefighter turnout gear are never exposed to direct sunlight, the upcoming revision of the NPFA standard proposes removing the UV light test. The revision to the NFPA standard also proposes to add restrictions on PFAS substances in turnout gear (as of the writing of this analysis, the draft standard restricts total organic fluorine content to 10 ppm) and establishes a labeling standard for PFAS-free turnout.

This bill would bring California into conformance with the new federal standard once approved, by banning PFAS from being used in firefighter gear and directing the OSHSB to revise its regulations to meet the latest safety standard within a year after it has been updated.

Proposed Law:

This bill would prohibit any firefighter PPE containing intentionally added PFAS and require that the OSHSB update its standards to include PFAS-free turnout gear. Specifically, it would:

1. Make findings and declarations related to the toxic and carcinogenic nature of PFAS and the risk of exposure to PFAS and other chemicals from the firefighting profession.
2. Prohibit, commencing July 1, 2026, any person from manufacturing knowingly selling, offering/distributing for sale or use in California, or purchasing or accepting for future use, any firefighter PPE containing intentionally added PFAS chemicals.
3. Require the Occupational Safety and Health Standards Board, within 1 year of the NFPA updating the NFPA 1971 Standard for firefighter PPE to include PFAS-free turnout gear, to update the applicable safety orders, or other standards or regulations, to maintain alignment with the NFPA standard

Related Legislation:

SB 1044 (Allen, Chapter 308, Statutes of 2020) prohibits the manufacture, sale, distribution, and use of class B firefighting foam containing PFAS chemicals by January 1, 2022, with some exceptions. Requires notification of the presence of PFAS in the protective equipment of firefighters.

AB 2146 (Skinner, Chapter 811, Statutes of 2014) requires the Occupational Safety and Health Standards Board, every five years, to complete a comprehensive review of all revisions to the National Fire Protection Association (NFPA) standards pertaining to firefighter PPE and maintain alignment with the NFPA safety orders.

Staff Comments:

In order to eliminate use of PPE with intentionally added PFAS, CalFire would need to replace all its existing structural turnout gear with a PFAS-free alternative—assuming one is available by that time. Currently, there are approximately 9,400 firefighters at CalFire’s peak-staffing, each of whom are issued two sets of turnouts to ensure having appropriate PPE for job requirements. According to CalFIre, this bill could require replacement of all 18,800 sets of turnouts in a short period of time.

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2023 - 2024 Regular

Bill No: AB 2408 Hearing Date: June 26, 2024

SUBJECT: Firefighter personal protective equipment: perfluoroalkyl and polyfluoroalkyl substances

KEY ISSUE

This bill 1) prohibits, commencing July 1, 2026, any person from manufacturing, selling, distributing, or purchasing for future use, any firefighter personal protective equipment containing intentionally added perfluoroalkyl and polyfluoroalkyl (PFAS) substance chemicals; and 2) requires the California Occupational Safety and Health Standards Board, within one year of the National Fire Protection Association (NFPA) updating their standards to include PFAS-free turnout gear, to align their standards on PFAS-free turnout.

ANALYSIS

Existing law:

1. Authorizes the State Fire Marshal to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state, and requires the State Fire Marshal to notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to bring their equipment into conformity with standard requirements. (Health and Safety Code (HSC) §13026-13027)
2. Requires, commencing January 1, 2022, a person that sells firefighter personal protective equipment (PPE) to provide a written notice to the purchaser, if the firefighter PPE contains intentionally added per-/poly-fluoroalkyl substances (PFAS) chemicals. (HSC §13029 (b)(1))
3. Prohibits, commencing January 1, 2022, a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use, and a person from using, class B firefighting foam containing intentionally added PFAS chemicals. (HSC §13061 (b)(1))
4. Requires the Occupational Safety and Health Standards Board (OSHSB), every five years, to complete a comprehensive review of all revisions to the National Fire Protection Association (NFPA) standards pertaining to firefighter PPE and maintain alignment with the NFPA safety orders. (Labor Code §147.4)
5. Requires that, if the review described in 4) above finds the revisions provide a greater degree of personal protection than the safety orders, OSHSB must consider modifying existing safety orders and render a decision regarding changing safety orders or other standards and regulations to maintain alignment of the safety orders with the NFPA standards no later than July 1 of the subsequent year. (Labor Code §147.4(c))

This bill:

1. Makes various findings and declarations related to the toxic and carcinogenic nature of PFAS and the risk of exposure to PFAS and other chemicals from the firefighting profession.
2. Prohibits, commencing July 1, 2026, any person from manufacturing, knowingly selling, offering or distributing for sale, distributing for use in California, or purchasing or accepting for future use, any firefighting PPE containing intentionally added PFAS chemicals.
3. Requires the Occupational Safety and Health Standards Board, within one year of the NFPA 1971 Standard for firefighter PPE to include PFAS-free turnout gear, to update the applicable safety orders, or other standards or regulation, to maintain alignment with the NFPA standard.

COMMENTS

1. Background:

Perfluoroalkyl and Polyfluoroalkyl (PFAS)

PFAS are a diverse group of thousands of chemicals that resist grease, oil, water, and heat. Chemically, individual PFAS can be very different; however, all have a carbon-fluorine bond^[1]. Due to the strength and stability of this carbon-fluorine bond, PFAS are long lasting and are exceedingly difficult to destroy, making them highly persistent in the environment and resulting in their classification as “forever chemicals.” The usage of PFAS has grown immensely across multiple industries since their invention in the 1950s. PFAS are now widely used in food packaging, cookware, electronics, medical products, carpeting, cosmetics, building materials, and apparel. In the textile industry, fabrics, including turnout gear outer shells for firefighters, have been historically finished with PFAS due to their high level of repellency to water and oils and durability.

PFAS pose high risks for human, environmental, and animal health. PFAS exposure occurs mainly through ingestion of contaminated food or liquids. Exposure can also occur through inhalation of indoor air or contact with contaminated media. The Agency for Toxic Substances and Disease Registry (ATSDR) identifies the following health effects as potential outcomes from exposure to PFAS: changes in cholesterol, changes in infant birth weight, changes in the immune system, increased risk of high blood pressure during pregnancy, and increased risk of certain cancers.

PFAS and Turnout Gear

Firefighters use heavy-duty personal protective equipment (PPE) to fulfill their responsibilities safely and efficiently. PPE gear includes turnout jackets and pants, gloves, boots, helmets, hoods, and self-contained breathing apparatus. This PPE protects firefighters from different thermal, physiological, physical, chemical, and biological hazards on the job.

The turnout gear used by firefighters, however, contains significant levels of cancer-causing PFAS^[2]. The turnout ensemble consists of three layers, the outer shell, the moisture barrier, and the thermal liner, all of which are standardized by the NFPA. The outer shell is usually finished with a PFAS-based durable water and oil-repellent (DWR) to protect the wearer from hazardous liquids. This DWR can cause various health problems if absorbed into the body through ingestion, inhalation, and/or dermal absorption.

A study by the Centers for Disease Control and Prevention and the National Institute for Occupational Safety & Health found that firefighters have higher risks of certain types of cancer than the general population, and that firefighters have a higher rate of cancer-related deaths.^[3] According to the International Association of FireFighters, 66 percent of firefighter deaths between 2002 and 2019 were caused by cancer. Across the nation and in California, there are existing efforts to protect firefighters by banning the use of PFAS. In May 2024, San Francisco became the first major American city to ban PFAS from PPE gear, requiring the city’s fire department to provide PFAS-free gear to its firefighters by June 30, 2026.

The National Fire Protection Association (NFPA) and FPAS

The NFPA is the entity in charge of setting the performance, durability, and safety standards for firefighter PPE. The NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting sets the minimum levels of protection from thermal, physical, environmental, and blood borne pathogen hazards. The NFPA 1971 standard is in the process of being updated, with a final version likely to be adopted in 2024.

According to the Senate Environmental Quality Committee:

“Currently, the NFPA Standard requires that firefighter PPE meet a 48-hour ultraviolet (UV) light degradation resistance test that, to date, can only be met with the addition of PFAS materials. However, given that the materials inside the fabric of firefighter turnout gear are never exposed to direct sunlight, the upcoming revision of the NPFA standard proposes removing the UV light test. The revision to the NFPA standard also proposes to add restrictions on PFAS substances in turnout gear and establishes a labeling standard for PFAS-free turnout. This bill would bring California into conformance with the new federal standard once approved, by banning PFAS from being used in firefighter gear and directing the OSHSB to revise its regulations to meet the latest safety standard within a year after it has been updated.”

Comments

AB 2408 would prohibit, commencing July 1, 2026, any person from manufacturing, knowingly selling, offering or distributing for sale, distributing for use in California, or purchasing or accepting for future use, any firefighting PPE containing intentionally added PFAS chemicals. The “purchase or accept for future use” provision will allow fire departments to continue using their existing stock of turnout gear and only mandate the purchase of new PFAS-free gear upon replacement (typically every 5-10 years).

2. Need for this bill?

According to the author:

“Firefighters risk their lives every day in order to selflessly save others. To prevent firefighters from suffering serious health problems it’s important to ensure the gear they wear doesn’t contain dangerous chemicals that will put them at a higher risk to chronic health problems.

AB 2408 will protect our firefighters from cancer by ensuring their gear will be free of cancer causing chemicals. Specifically, it will ban per-fluoroalkyl and polyfluoroalkyl substances (PFAS) from being used in California’s firefighting gear beginning July 1, 2026. This will be after the federal government adopts new standards for testing the moisture resistance of firefighting gear. This ensures that the moment a safe alternative is made available for making fire fighter gear water resistant, PFAS will be banned from being used. Additionally, the bill directs the Occupational Safety and Health Standards Board to revise its regulations to meet the latest testing safety standard within a year after it has been updated.”

3. Proponent Arguments:

The sponsors of the measure, the California Professional Firefighters, state:

“While firefighting is an inherently dangerous profession, it is critical for the health and safety of California’s firefighters that all unnecessary exposures are eliminated. Every exposure brings with it an additional risk of developing a deadly cancer, and to experience daily exposure to a known carcinogenic and toxic substance through the protective gear that they wear is simply unacceptable…

The proposed elimination of the light degradation resistance test from the upcoming revision of the NPFA standard acknowledges the fact that an overly stringent requirement for light resistance is not a necessary safety feature for a material that makes up the interior of the fabric composite and will never be exposed to direct light. As meeting the requirements of this test is the only reason that PFAS is still included in turnout gear, once that test has been removed, we as a state owe it to the men and women who put their lives on the line for our communities every day to move quickly to eliminate this threat.

The scientific community and the State of California has acknowledged the danger posed by PFAS and its many derivatives. By working to ensure that PFAS is no longer included in firefighter turnouts the moment a safe alternative is made available, California will continue to lead the way in enhancing firefighter health and safety and protect the men and women of the fire service.”

4. Opponent Arguments:

None received.

5. Dual Referral:

The Senate Rules Committee referred this bill to the Senate Environmental Quality Committee, which heard and passed the bill on June 19, 2024, and the Senate Labor, Public Employment and Retirement Committee.

6. Prior Legislation:

SB 903 (Skinner, 2024) would prohibit, commencing January 1, 2030, a person from distributing, selling, or offering for sale in the state a product that contains intentionally added PFAS unless the use of PFAS is currently unavoidable, as defined. Would authorize the Department of Toxic Substances Control to establish regulations to administer the prohibition. This bill was held in Senate Appropriations Committee.

AB 2515 (Papan, 2024) would prohibit a person from manufacturing, distributing, selling, or offering for sale a menstrual product that contains regulated PFAS. This bill is pending in Senate Judiciary Committee.

SB 1044 (Allen, Chapter 308, Statutes of 2020) prohibited the manufacture, sale, distribution, and use of class B firefighting foam containing PFAS chemicals by January 1, 2022, with some exceptions. Required notification of the presence of PFAS in the protective equipment of firefighters.

AB 2146 (Skinner, Chapter 811, Statutes of 2014) required the Occupational Safety and Health Standards Board, every five years, to complete a comprehensive review of all revisions to the National Fire Protection Association (NFPA) standards pertaining to firefighter PPE and maintain alignment with the NFPA safety orders.

SUPPORT

California Professional Firefighters (Sponsor)

A Voice for Choice Advocacy
American College of Obstetricians and Gynecologists District Ix
Breast Cancer Prevention Partners
Cal Fire Local 2881
California Fire Chiefs Association
California Labor Federation
California Special Districts Association
Clean Water Action
Cleanearth4kids.org
El Dorado County Professional Firefighters Association
Environmental Working Group
Fire Districts Association of California
Natural Resources Defense Council

Orange County Fire Authority

OPPOSITION

None received.

-- END --

1. “Per- and Polyfluoroalkyl Substances (PFAS),” FDA, April 29, 2024, https://www.fda.gov/food/environmental-contaminants-food/and-polyfluoroalkyl-substances-pfas ↑

2. Maizel AC, et al. (2023) Per- and Polyfluoroalkyl Substances in New Firefighter Turnout Gear Textiles. (National Institute of Standards and Technology, Gaithersburg, MD), NIST Technical Note (TN) NIST TN 2248. https://doi.org/10.6028/NIST.TN.2248 ↑

3. National Institute for Occupational Safety and Health. (2016). Findings from a study of cancer among U.S. fire fighters. ↑

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2023 - 2024 Regular

SUBJECT: Firefighter personal protective equipment: perfluoroalkyl and polyfluoroalkyl substances

DIGEST: Prohibits, commencing July 1, 2026, any person from manufacturing, selling, distributing, or purchasing for future use, any firefighter personal protective equipment containing intentionally added per- and poly-fluoroalkyl substance (PFAS) chemicals. Requires the California Occupational Safety and Health Standards Board, within one year of the National Fire Protection Association (NFPA) updating their standards to include PFAS-free turnout gear, to align their standards on PFAS-free turnout.

ANALYSIS:

Existing law:

1. Authorizes the State Fire Marshal to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state, and requires the State Fire Marshal to notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to bring their equipment into conformity with standard requirements. (Health and Safety Code (HSC) § 13026-13027)
2. Requires, commencing January 1, 2022, a person that sells firefighter personal protective equipment (PPE) to provide a written notice to the purchaser, if the firefighter PPE contains intentionally added per-/poly-fluoroalkyl substances (PFAS) chemicals. (HSC § 13029 (b)(1))
3. Prohibits, commencing January 1, 2022, a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use, and a person from using, class B firefighting foam containing intentionally added PFAS chemicals. (HSC § 13061 (b)(1))
4. Requires the Occupational Safety and Health Standards Board (OSHSB), every five years, to complete a comprehensive review of all revisions to the National Fire Protection Association (NFPA) standards pertaining to firefighter PPE and maintain alignment with the NFPA safety orders (Labor Code § 147.4)

This bill:

1. Makes findings and declarations related to the toxic and carcinogenic nature of PFAS and the risk of exposure to PFAS and other chemicals from the firefighting profession.
2. Prohibits, commencing July 1, 2026, any person from manufacturing knowingly selling, offering/distributing for sale or use in California, or purchasing or accepting for future use, any firefighter PPE containing intentionally added PFAS chemicals.
3. Requires the Occupational Safety and Health Standards Board, within 1 year of the NFPA updating the NFPA 1971 Standard for firefighter PPE to include PFAS-free turnout gear, to update the applicable safety orders, or other standards or regulations, to maintain alignment with the NFPA standard

Background

1. Perfluoroalkyl and polyfluoroalkyl substances (PFAS). Per- and poly-fluoroalkyl substances (PFAS) are a large group (nearly 15,000 according to the U. S. Environmental Protection Agency (U. S. EPA)) of synthetic substances that have been widely used in industrial and consumer applications for their heat, water, and oil resistance properties for over seven decades. As a result, PFAS are used extensively in a variety of products designed to be waterproof; grease, heat, stain resistant; or non-stick. Commercial applications span many sectors of the economy, including aerospace, apparel, automotive, building and construction, pharmaceuticals, medical devices, paints, electronics, semiconductors, energy, oil and gas exploration, first responder safety, firefighting foams, and health care.

Due to the strength and stability of the carbon-fluorine bond, PFAS are long-lasting chemicals that are exceedingly difficult to destroy, making them highly persistent in the environment and resulting in their classification as “forever chemicals.” PFAS can migrate into the soil, water, and air at all stages of their lifecycle, from production, to use, to disposal; many scientists argue that PFAS should be regulated as a class (rather than based only on use-phase risk) because of these life cycle impacts. Because of their ubiquity and persistence in the environment, many PFAS are found in indoor and outdoor environments, plants, soil, food, drinking water, wildlife, companion animals, production animals, and humans at locations across the nation and around the globe.

1. Risks of PFAS. Simply defined, risk is a function of hazard and exposure. With a high chance for exposure and substantial hazard traits, PFAS pose high risks for human, environmental, and animal health. PFAS exposure occurs mainly through ingestion of contaminated food or liquids. Exposure can also occur through inhalation of indoor air or contact with contaminated media. PFAS can be transferred from mother to child during pregnancy and breastfeeding. PFAS remains in the body for a long time, so as people continue to be exposed to PFAS, the PFAS levels in their bodies may accumulate.

According to the Department of Toxic Substances Control (DTSC), all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations. Several PFAS bioaccumulate significantly in animals or plants and emerging evidence points to their phytotoxicity, aquatic toxicity, and terrestrial ecotoxicity. DTSC also contends that exposure to PFAS can lead to adverse health outcomes in humans. According to the U.S. EPA, current peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to reproductive effects such as decreased fertility or increased high blood pressure in pregnant women; developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes; increased risk of some cancers, including prostate, kidney, and testicular cancers; reduced ability of the body’s immune system to fight infections, including reduced vaccine response; interference with the body’s natural hormones; and, increased cholesterol levels and/or risk of obesity. PFAS can cause these health harms at extremely low levels; California and the EPA warn of the health harms for some PFAS in the parts per trillion range (the equivalent of one drop of water in 20 Olympic-sized swimming pools).

1. Firefighter exposure to PFAS. Elevated levels of PFAS chemicals have been documented in the bodies of firefighters, with evidence suggesting that the exposures are occupationally related. The Firefighter Occupational Exposures Project, a study of environmental chemical exposures in firefighters as part of Biomonitoring California, found that concentrations of a particular perfluorinated chemical were approximately three times higher in the firefighters tested than in adult males participating in the National Health and Nutrition Examination Survey (NHANES).

There are numerous potential PFAS exposure pathways for firefighters that have been documented in scientific studies, including from aqueous film-forming foams (which was restricted in California in 2022 with the chaptering of SB 1044, Allen), and firefighter personal protective equipment (PPE). Firefighter PPE, or “turnout gear” has three layers: the thermal layer closest to the skin, a moisture barrier for water resistance, and the outer shell. There are several scientific studies documenting the presence of numerous PFAS substances in the jacket and pants of firefighter PPE. These studies show that fluorochemicals can be shed from the textiles during the in-service lifetime of the garment, serving as an exposure route for firefighters to these chemicals.

1. The National Fire Protection Association (NFPA) Standard. The NFPA is a nonprofit organization that publishes standards related to fire safety, including product safety standards for firefighter PPE. The NFPA standard, NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, sets the minimum levels of protection from thermal, physical, environmental, and bloodborne pathogen hazards. The NFPA 1971 standard is currently being updated and consolidated with other NFPA standards, with a final version likely to be adopted in 2024.
2. What is the functional use of PFAS in firefighter turnout gear? PFAS is mainly concentrated in the pants and jackets of turnouts within the inner moisture barrier layer. Currently, the NFPA Standard requires that firefighter PPE meet a 48-hour ultraviolet (UV) light degradation resistance test that, to date, can only be met with the addition of PFAS materials. However, given that the materials inside the fabric of firefighter turnout gear are never exposed to direct sunlight, the upcoming revision of the NPFA standard proposes removing the UV light test. The revision to the NFPA standard also proposes to add restrictions on PFAS substances in turnout gear (as of the writing of this analysis, the draft standard restricts total organic fluorine content to 10 ppm) and establishes a labeling standard for PFAS-free turnout. This bill would bring California into conformance with the new federal standard once approved, by banning PFAS from being used in firefighter gear and directing the OSHSB to revise its regulations to meet the latest safety standard within a year after it has been updated.

Comments

1. Purpose of Bill. According to the author, “Twenty years ago heart disease was the biggest threat to firefighter health. Today, cancer has replaced heart disease as the biggest killer of firefighters. While firefighting is an inherently dangerous profession, it is critical for the health and safety of California’s firefighters that all unnecessary cancer-causing exposures are eliminated. Firefighters put their lives at risk every day on the front lines saving lives, responding to emergencies, and taking care of the vulnerable. We have an obligation to protect them –and that means making sure they are not exposed to cancer-causing chemicals in the very equipment designed to keep them safe.”
   
2. Existing alternatives. Oftentimes, chemical bans beg the question of what will be used instead. For firefighter turnouts, there are some existing gear that are PFAS-free. In May 2024, San Francisco became the first major American city to ban PFAS from its firefighters’ protective gear, requiring the city’s fire department to provide PFAS-free gear to its firefighters by June 30, 2026. Throughout 2024, San Francisco has been testing PFAS-free gear, and though official results will not be available until the end of summer 2024, Neil McMillan, Director of Science and Research at the International Association of Fire Fighters, a labor union for firefighters in the U.S. and Canada, has said that as of May 2024, firefighters have reported “no differences or trade-offs in performance.”
3. A note on timing. AB 2408 specifies that a person shall not manufacture, knowingly sell, distribute for sale, or purchase or accept for future use, any firefighter PPE containing intentionally added PFAS chemicals by July 1, 2026. The “purchase or accept for future use” provision will allow for fire departments to continue using their existing stock of firefighter turnout gear, and only upon replacement of the gear (typically every 5-10 years), will they be mandated to buy PFAS-free gear.

It is worth noting that though the NFPA is very likely to adopt a PFAS-free standard for firefighter PPE this year, there is a chance this may not happen. In this case, the provision of the bill banning the manufacture, sale, or purchase for future use of PPE containing intentionally added PFAS will go into effect on July 1, 2026, but the provision of the bill requiring the OSHSB to update its regulations to regarding PFAS in firefighter turnout gear will not.

1. Simply put. Firefighters are exposed to high levels of hazardous chemicals in the line of duty. Given that there are existing alternatives to PFAS-containing turnout gear and the NFPA seems likely to adopt restrictions on PFAS-containing turnout gear, it seems a reasonable policy to eliminate this exposure pathway and protect firefighters from the hazards of PFAS.

DOUBLE REFERRAL:

If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Labor, Public Employment, and Retirement Committee.

Related/Prior Legislation

SB 1044 (Allen, Chapter 308, Statutes of 2020). Prohibits the manufacture, sale, distribution, and use of class B firefighting foam containing PFAS chemicals by January 1, 2022, with some exceptions. Requires notification of the presence of PFAS in the protective equipment of firefighters.

AB 2146 (Skinner, Chapter 811, Statutes of 2014). Requires the Occupational Safety and Health Standards Board, every five years, to complete a comprehensive review of all revisions to the National Fire Protection Association (NFPA) standards pertaining to firefighter PPE and maintain alignment with the NFPA safety orders.

SOURCE:

California Professional Firefighters

SUPPORT:

American College of Obstetricians and Gynecologists District Ix
Breast Cancer Prevention Partners
Cal Fire Local 2881
California Fire Chiefs Association
California Labor Federation, Afl-cio
California Professional Firefighters
Clean Water Action
Cleanearth4kids.org
El Dorado County Professional Firefighters Association
Environmental Working Group
Fire Districts Association of California
Natural Resources Defense Council

OPPOSITION:

None received

ARGUMENTS IN SUPPORT:

According to the California Professional Firefighters, “PFAS are a family of synthetic chemicals that have been found to be harmful to both human health and the environment, largely because they are persistent in both the body and in nature. PFAS are released into the air, water, and soil in areas where they are stored and used and can be absorbed into the human body through inhalation, drinking water, or through contact.

“While firefighting is an inherently dangerous profession, it is critical for the health and safety of California’s firefighters that all unnecessary exposures are eliminated. Every exposure brings with it an additional risk of developing a deadly cancer, and to experience daily exposure to a known carcinogen and toxic substances through the protective gear that they wear is simply unacceptable.”

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2408

Author:(Haney)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Prohibits, beginning July 1, 2026, any person from manufacturing, selling, offering for sale, distributing for use in this state, or purchasing or accepting for future use in this state, firefighter personal protective equipment (PPE) containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Major Provisions

COMMENTS

Perfluoroalkyl and polyfluoroalkyl substances (PFAS): PFAS are a large group of synthetic, highly fluorinated substances that have been widely used in industrial and consumer applications for their heat, water, and lipid resistance properties for more than seven decades. PFAS are long-lasting chemicals that break down very slowly over time. PFAS are ubiquitous, and researchers have found PFAS in indoor and outdoor environments, plants, soil, food, drinking water, wildlife, companion animals, production animals, and humans at locations across the nation and around the globe. Scientific studies have shown that exposure to some PFAS may be linked to harmful health effects in humans and animals. More than 9,000 PFAS chemicals are included in the United States Environmental Protection Agency's (US EPA's) Master List of PFAS Substances. The persistence and proliferation of PFAS chemicals makes it challenging to study and assess the overall potential human health and environmental risks of PFAS exposure. The breadth of uses of PFAS is immense, making it nearly impossible to avoid exposure. Commercial applications span many sectors of the economy, including aerospace, apparel, automotive, building and construction, pharmaceuticals, medical devices, paints, electronics, semiconductors, energy, oil and gas exploration, first responder safety, firefighting foams, and health care.

Exposure to PFAS: The main route of exposure to PFAS is through ingestion of contaminated food or liquid (accounting for up to half of total exposure), and through inhalation and ingestion of contaminated indoor air and dust. Food can become contaminated with PFAS through contaminated soil and water used to grow the food, food packaging containing PFAS, and equipment that uses PFAS during food processing. Some foods, such as fish, meat, eggs and leafy vegetables, may contain PFAS due to bioaccumulation and crop uptake. Studies have shown that PFAS can transfer from pregnant mothers to their fetuses via the placenta during gestation, and from nursing mothers to their infants via breastfeeding. Dermal exposure is also possible when people touch products treated with PFAS, such as carpets or clothing. Young children may be susceptible to higher levels of exposure than adults because they ingest more dust containing PFAS and mouth PFAS-treated consumer products. Workers, such as carpet installers, carpet cleaners, firefighters, and workers in furniture, furnishings, outdoor clothing, and carpet stores may also experience above average PFAS exposure levels.

Hazard traits of PFAS: According to the Department of Toxic Substances Control (DTSC), all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations (22 California Code of Regulations Section 69401 et seq.). An intrinsic property of PFAS is the extreme environmental persistence of either the individual compounds or their degradation products or both, resulting in their classification as "forever chemicals." Most PFAS are mobile in environmental media such as air and water, and thus are widespread in living organisms and the environment. Several PFAS bioaccumulate significantly in animals or plants and emerging evidence points to their phytotoxicity, aquatic toxicity, and terrestrial ecotoxicity.

DTSC contends that exposure to PFAS can lead to adverse health outcomes in humans. If humans are exposed to PFAS through diet, drinking water, or inhalation, some of these chemicals remain in the body for a long time. As people continue to be exposed to PFAS, the PFAS levels in their bodies may increase to the point that they suffer adverse health effects. According to the US EPA, current peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to: reproductive effects such as decreased fertility or increased high blood pressure in pregnant women; developmental effects, or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes; increased risk of some cancers, including prostate, kidney, and testicular cancers; reduced ability of the body's immune system to fight infections, including reduced vaccine response; interference with the body's natural hormones; and, increased cholesterol levels and/or risk of obesity.

Health impacts on firefighters: Elevated levels of PFAS chemicals have been documented in the bodies of firefighters. The Firefighter Occupational Exposures Project, a study of environmental chemical exposures in firefighters as part of Biomonitoring California, found that concentrations of a particular perfluorinated chemical were approximately three times higher in the firefighters tested than in adult males participating in the National Health and Nutrition Examination Survey (NHANES) (the study was not designed to identify specific exposure sources). Another study as part of the Women Firefighters Biomonitoring Collaborative, found that women firefighters in San Francisco had significantly higher amounts of three PFAS chemicals in their blood, compared to office workers (Trowbridge et al., 2020). The National Institute for Occupational Safety and Health (NIOSH) conducted a multi-year study of nearly 30,000 firefighters from the Chicago, Philadelphia, and San Francisco Fire Departments, and found the firefighters in the study had higher rates of certain types of cancer than the general US population.

In 2016, the Federal Emergency Management Agency (FEMA) funded the Fire Fighter Cancer Cohort Study with the long-term goal of following 10,000 firefighters across the US over a 30-year observation period. As part of this study, researchers are studying acute PFAS exposure of the fire service through multiple anticipated exposure pathways, including fire response, turnout gear, and the use of aqueous film forming foam.

Firefighter PPE, or "turnout gear," has three layers: the thermal layer closest to the skin, a moisture barrier for water resistance, and the outer shell. Researchers at the University of Notre Dame tested more than 30 samples of used and unused PPE from six specialty textile manufacturers in the US. Their study, recently published in Environmental Science and Technology, found the PPE was extensively treated with PFAS or constructed with fluoropolymers, a type of PFAS used to make textiles oil and water resistant. The study found high fluorine concentrations on the moisture barrier and outer shell, though these chemicals can migrate off treated material. This is the first study of its kind, and more research is needed to better understand PFAS exposure specifically from PPE.

PFAS exposure from firefighter PPE: According to the article, "Another Pathway for Firefighter Exposure to Per- and Polyfluoroalkyl Substances: Firefighter Textiles," (Graham F. Peaslee, et al.), published in June 2020 in the journal Environmental Science and Technology Letters,

"This preliminary study suggests that significant quantities of fluorochemicals are being shed from the textiles used in PPE for firefighters during the in-service lifetime of the garment. The side-chain fluoropolymers in particular lead directly to PFOA precursor materials in the environment, which provide another route of exposure to both users of the turnout gear and others in the immediate environment. There may also be more direct pathways for these PFAS to enter the body, through dermal absorption for example, as was recently suggested with PFAS in mice, or inhalation of PFAS-containing particles and fibers resuspended from the turnout gear.

The role of clothing in promoting dermal absorption of other contaminants has been reported previously, and while the preliminary nature of this study requires further testing to be performed to assess the magnitude of this exposure route, several important safeguards should be considered immediately for fire service personnel. Minimization of contact with PFAS treated

turnout gear could be done in much the same way firefighter safety has been improved by minimization of exposure to fire combustion products. Keeping PFAS-treated turnout gear segregated from other textiles and living quarters and washing the thermal liners before first use might also be helpful strategies. Wearing PFAS-free clothing under the turnout gear and washing it regularly would also help to minimize skin exposure and washing hands after touching turnout gear would be precautionary."

The National Fire Protection Association (NFPA): The NFPA administers the process of developing product safety standards for fire fighter PPE. The NFPA standard, NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, sets the minimum levels of protection from thermal, physical, environmental, and bloodborne pathogen hazards. The NFPA technical committee responsible for NFPA 1971 has a task group looking at the issue of PFAS and any other chemicals that might cause cancer and may be used in PPE. The NFPA is looking at adopting a PFAS Free standard for firefighter PPE in the near future, potentially this year. Similarly, Cal Fire has a working group looking at the issue of PFAS in PPE and exploring alternative products. AB 2146 (Skinner), Chapter 811, Statutes of 2014 requires the Occupational Safety and Health Standards Board to review, every five years, revisions to NFPA standards pertaining to PPE, and to consider updating safety standards to align with NFPA standards.

Recent law on PFAS in firefighter equipment: SB 1044 (Allen), Chapter 308, Statutes of 2020 requires sellers of firefighter PPE to provide a written notice at the time of sale if the PPE contains intentionally added PFAS. The notice is required to include the reason that PFAS chemicals have been added to the PPE. This bill does not prohibit any uses of PPE that contain PFAS, as alternatives are still being explored and developed, and are not currently available on the market. While the Division of Occupational Safety and Health, known as Cal/OSHA, in the Department of Industrial Relations sets and enforces workplace safety standards, including for firefighter PPE, the PPE notification provisions in SB 1044 are under the purview of the State Fire Marshal.

This bill: AB 2408 prohibits any person from manufacturing, selling, distributing, or purchasing or accepting for future use firefighter PPE containing intentionally added PFAS beginning July 1, 2026. Additionally the bill requires the Occupational Safety and Health Standards Board, within one year of the NFPA updating their standard for firefighter PPE to be PFAS free, to align California's standards with the NFPA standard. The hazards of PFAS have been well documented, as are the risks that firefighters face in the line of duty. Ensuring that the equipment that firefighters wear is free from harmful chemicals, such as PFAS, seems like a very fair and reasonable policy.

According to the Author

"Twenty years ago heart disease was the biggest threat to firefighter health. Today, cancer has replaced heart disease as the biggest killer of firefighters. While firefighting is an inherently dangerous profession, it is critical for the health and safety of California's fire fighters that all unnecessary cancer causing exposures are eliminated. Firefighters put their lives at risk every day on the front lines saving lives, responding to emergencies and taking care of the vulnerable. We have an obligation to protect them – and that means making sure they are not exposed to cancer-causing chemicals in the very equipment designed to keep them safe."

Arguments in Support

According to the California Professional Firefighters (CPF):

"[CPF] is pleased to support AB 2408, which would ban the sale and use of firefighter personal protection equipment (PPE) that contain the toxic family of chemicals known as PFAS in California and require the Occupational Safety and Health Standards Board to update the standards regarding PPE.

While firefighting is an inherently dangerous profession, it is critical for the health and safety of California's firefighters that all unnecessary exposures are eliminated. Every exposure brings with it an additional risk of developing a deadly cancer, and to experience daily exposure to a known carcinogenic and toxic substance through the protective gear that they wear is simply unacceptable."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, enactment of this bill could cost the Department of Forestry and Fire Protection (Cal Fire) an unknown amount to only purchase or accept for future use PPE that is compliant with this bill. Costs would depend on how often Cal Fire must replace its PPE and the relative cost differential, if any, between PPE with PFAS and PPE without PFAS.

VOTES

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Garcia, Hoover, Connolly, McKinnor, Papan, Reyes, Ta

ASM LABOR AND EMPLOYMENT: 7-0-0

YES: Ortega, Flora, Alanis, Wendy Carrillo, Lee, Ward, Zbur

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0003347

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2408

Author:(Haney) – As Amended Ver:March 21, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill bans the sale and use of firefighter personal protective equipment (PPE) containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Specifically, this bill, among other things:

1) Prohibits, beginning July 1, 2026, any person, including a manufacturer, from manufacturing, knowingly selling, offering or distributing for sale, distributing for use, or using firefighter PPE containing intentionally added PFAS chemicals.

2) Provides that upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person that violates the prohibition established by this bill is liable for a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation. Provides that an individual firefighter is not personally liable for payment of the civil penalties.

3) Requires the Occupational Safety and Health Standards Board (OSHSB), in consultation with the Department of Industrial Relations, within one year of the National Fire Protection Association (NFPA) updating the NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting to include PFAS-free turnout gear, to update the applicable safety orders, or other applicable standards and regulations, to maintain alignment with the NFPA standard.

FISCAL EFFECT:

1) One-time costs for the Department of Forestry and Fire Protection (CAL FIRE) of an unknown but significant amount, likely in the high tens of millions of dollars or more, to replace all its structural turnout gear (which currently contains PFAS) with gear that is compliant with the requirements of this bill (General Fund). It is not clear if PFAS-free turnout gear is commercially available, if a sufficient supply exists to meet future demand, or how much the gear will cost. CAL FIRE employs over 9,000 firefighters during its peak season. Each firefighter generally receives two sets of gear. Turnout gear currently purchased by CAL FIRE costs approximately $5,000 per set. Assuming replacement equipment is available at a similar price point, it would cost CAL FIRE approximately $90 million to replace all its turnout gear by July 1, 2026, to avoid violating the prohibition in this bill.

2) Cost pressures (Trial Court Trust Fund, General Fund) to the courts to adjudicate enforcement actions filed by public prosecutors. This bill authorizes specified public prosecutors to enforce violations of the bill’s prohibition on the sale and use of PPE containing PFAS. Actual costs will depend on the number of violations and the number of cases filed by prosecutors. It generally costs approximately $1,000 to operate a courtroom for one hour. If 10 cases are filed statewide and each requires two days of court time to resolve, the resulting workload cost to the courts would be about $160,000. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1) Purpose. According to the author:

Twenty years ago heart disease was the biggest threat to firefighter health. Today, cancer has replaced heart disease as the biggest killer of firefighters. While firefighting is an inherently dangerous profession, it is critical for the health and safety of California’s fire fighters that all unnecessary cancer causing exposures are eliminated. Firefighters put their lives at risk every day on the front lines saving lives, responding to emergencies and taking care of the vulnerable. We have an obligation to protect them – and that means making sure they are not exposed to cancer-causing chemicals in the very equipment designed to keep them safe.

2) Background. PFAS are a ubiquitous class of more than 9,000 synthetic chemicals that have been in use in a wide range of industrial and consumer products since the 1940s for their heat, water, and lipid resistance properties. PFAS are linked to a variety of health harms, such as cancer, endocrine disruption, developmental and reproductive toxicity, and immune dysregulation. These chemicals are harmful at extremely low doses; contaminate the air, soil, drinking water, plants, and wildlife during production, use and, disposal; and are extremely persistent in the environment. PFAS are commonly referred to as “forever chemicals” because they do not break down and instead bioaccumulate and persist in human and animal tissues.

Studies have found that firefighters have higher risks of certain types of cancer than the general population, and that firefighters have a higher rate of cancer-related deaths. Further, elevated levels of PFAS chemicals have been documented in the bodies of firefighters. The state has previously taken steps to limit the use of PFAS in firefighter equipment. For example, SB 1044 (Allen), Chapter 308, Statutes of 2020, phases out PFAS chemicals from foam used to fight flammable liquid fires. CAL FIRE has a working group looking at the issue of PFAS in PPE and exploring alternative products.

The NFPA administers the process of developing product safety standards for firefighter PPE. NFPA Standard 1971 sets the minimum levels of protection from thermal, physical, environmental, and blood-borne pathogen hazards. The NFPA technical committee responsible for NFPA Standard1971 has a task group looking at the issue of PFAS and any other chemicals that might cause cancer and be used in PPE. The NFPA is looking at adopting a PFAS-free standard for firefighter PPE in the near future, potentially this year. AB 2146 (Skinner), Chapter 811, Statutes of 2014 requires the OSHSB to review, every five years, revisions to NFPA standards pertaining to PPE, and to consider updating safety standards to align with NFPA standards.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Liz Ortega, Chair

ABPCA Bill Id:AB 2408 (

Author:Haney) – As Amended Ver:March 21, 2024

SUBJECT: Firefighter personal protective equipment: perfluoroalkyl and polyfluoroalkyl substances

SUMMARY: Prohibits, beginning July 1, 2026, any person from manufacturing, selling, offering for sale, distributing for use in this state, or using in this state, firefighter personal protective equipment (PPE) containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Specifically, this bill:

1. Makes findings and declarations related to the toxic and carcinogenic nature of PFAS and the risk of exposure to and accumulation of these substances.
2. Prohibits, beginning July 1, 2026, any person from manufacturing, knowingly selling, offering for sale, distributing for sale, distributing for use, or using in this state, firefighter PPE containing PFAS.
3. Makes a violation of 2) above subject to a penalty of up to $5,000 for a first violation and up to $10,000 for a subsequent violation.
4. Requires the Occupational Safety and Health Standards Board (OSHSB), in consultation with the Department of Industrial Relations (DIR), within one year of the National Fire Protection Association (NFPA) updating a specified standard on protective ensemble for structural firefighting and proximity firefighting, to include PFAS-free turnout gear, to update the applicable safety orders, or other standards or regulations, to maintain alignment with the NFPA standard.

EXISTING LAW:

1. Requires the OSHSB, in consultation with DIR, every 5 years, as specified, to review all revisions to NFPA standards pertaining to personal protective equipment covered by specified safety orders. Labor Code § 147.4(c).
2. Requires that, if the review described in 1) above finds the revisions provide a greater degree of personal protection than the safety orders, OSHSB must consider modifying existing safety orders and render a decision regarding changing safety orders or other standards and regulations to maintain alignment of the safety orders with the NFPA standards no later than July 1 of the subsequent year. Labor Code § 147.4(c).
3. Requires any person that sells firefighter personal protective equipment to provide written notice to the purchaser if the equipment contains intentionally added PFAS, and requires the seller to retain a copy of the written notice and provide the notice to specified law enforcement entities, including the Attorney General, upon request. Health and Safety Code § 13029(b).
4. Makes a violation of 3) above subject to a penalty of up to $5,000 for a first violation and up to $10,000 for a subsequent violation. Health and Safety Code § 13029(d)(1).

FISCAL EFFECT: Unknown

COMMENTS: Cancer is one of the leading causes of death among firefighters nationwide. A study by the Centers for Disease Control and Prevention and the National Institute for Occupational Safety & Health found that firefighters have higher risks of certain types of cancer than the general population, and that firefighters have a higher rate of cancer-related deaths.^[1] According to the International Association of Fire Fighters, 66 percent of firefighter deaths between 2002 and 2019 were caused by cancer. This elevated risk is due to a number of factors, including exposure to byproducts of combustion that are known carcinogens, persistent compounds absorbed by the body, and particulate matter released by burning materials or debris.

Additionally, firefighter turnout gear – the PPE used by firefighters, complete with their fire kit and incident gear – has been found to contain significant levels of cancer-causing PFAS. In turnout gear, PFAS are mainly concentrated in the pants and jackets within the inner moisture barrier layer, found between the outer shell and the inner thermal liner of the composite material.^[2]

PFAS are a family of synthetic chemicals that have been found to be harmful to both human health and the environment. Considered “forever chemicals” because they are long-lasting chemicals that break down very slowly over time, PFAS are released into the air, water, and soil in areas where they are stored and used and can be absorbed into the human body through inhalation, drinking water, or through contact.

The NFPA is the entity in charge of setting the performance, durability and safety standards for turnout gear. Although manufacturers of PPE have largely been able to produce gear able to meet existing NFPA standards with safe alternatives to PFAS, one of the standards for firefighter turnout gear involves a light degradation resistance test, which uses ultraviolet (UV) light to test the moisture resistance of the gear to make sure it can hold up in the field. Currently, this test can only be passed with the addition of PFAS materials to the turnout gear. However, given that the materials inside the fabric of firefighter turnout gear are never exposed to direct sunlight, the upcoming revision of the NPFA standard, expected to take place by summer of 2024, proposes removing the UV light test.

This bill would bring California into conformance with the new federal standard once approved, by banning PFAS from being used in firefighter gear and directing the OSHSB to revise its regulations to meet the latest safety standard within a year after it has been updated.

According to the author, “Twenty years ago heart disease was the biggest threat to firefighter health. Today, cancer has replaced heart disease as the biggest killer of firefighters. While firefighting is an inherently dangerous profession, it is critical for the health and safety of California’s fire fighters that all unnecessary cancer causing exposures are eliminated. Firefighters put their lives at risk every day on the front lines saving lives, responding to emergencies and taking care of the vulnerable. We have an obligation to protect them – and that means making sure they are not exposed to cancer-causing chemicals in the very equipment designed to keep them safe.”

Regarding the bill’s impact on underserved and marginalized communities, the author adds that “This bill would not negatively disproportionately impact a group. This bill would positively impact fire fighters to ensure that PFAS, a cancer-causing chemical, is no longer used in the firefighter personal protective equipment. Firefighters have an increased overall risk of cancer incidence and mortality compared to the general population. Studies have shown that Black and Hispanic fire fighters were found to have increased risks for more types of cancer than white fire fighters (specifically, non-Hodgkin lymphoma, chronic lymphocytic leukemia, chronic myeloid leukemia and cancers of the tongue, testis and bladder). Protecting these firefighters would reduce the risk of cancer these groups would encounter.”

Committee Comments

As noted in the Environmental Safety and Toxic Materials Committee analysis, “The NFPA may adopt a PFAS free standard for firefighter PPE this year, however, there is always the chance that this does not happen. If not, then the date in the bill may be challenging to meet. Therefore, as the bill moves through the legislative process, the author may wish to monitor the NFPA process to ensure there is time for the new PFAS firefighter PPE to be distributed in California.”

Arguments in Support

California Professional Firefighters, sponsor of the bill, states “The proposed elimination of the light degradation resistance test from the upcoming revision of the NPFA standard acknowledges the fact that an overly stringent requirement for light resistance is not a necessary safety feature for a material that makes up the interior of the fabric composite and will never be exposed to direct light. As meeting the requirements of this test is the only reason that PFAS is still included in turnout gear, once that test has been removed, we as a state owe it to the men and women who put their lives on the line for our communities every day to move quickly to eliminate this threat.”

Arguments in Opposition

None on file.

Prior and Related Legislation

SB 903 (Skinner) of 2024 prohibits, commencing January 1, 2030, a person from distributing, selling, or offering for sale in the state a product that contains intentionally added PFAS unless the use of PFAS is currently unavoidable, as defined. Authorizes the Department of Toxic Substances Control to establish regulations to administer the prohibition. This bill is in the Senate Judiciary Committee.

AB 2515 (Papan) of 2024 prohibits a person from manufacturing, distributing, selling, or offering for sale a menstrual product that contains regulated PFAS. This bill is in the Assembly Judiciary Committee.

AB 1817 (Ting), Chapter 762, Statutes of 2022 prohibited, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state a new textile article, as defined, that contains regulated PFAS.

SB 1044 (Allen), Chapter 308, Statutes of 2020 prohibited the manufacture, sale, distribution, and use of class B firefighting foam containing PFAS by January 1, 2022, with some exceptions, and required notification of the presence of PFAS in the protective equipment of firefighters.

AB 2146 (Skinner), Chapter 811, Statutes of 2014 required DIR, by January 1, 2016, to convene an advisory committee to evaluate whether changes are needed to align industry safety order with the applicable and most recently promulgated standards of the NFPA.

REGISTERED SUPPORT / OPPOSITION:

Support

California Professional Firefighters (Sponsor)
Breast Cancer Prevention Partners
California Labor Federation
Clean Water Action
Cleanearth4kids.org
Natural Resources Defense Council

Opposition

None on file.

Analysis Prepared by: Erin Hickey / L. & E. /

1. National Institute for Occupational Safety and Health. (2016). Findings from a study of cancer among U.S. fire fighters. ↑

2. Maizel AC, et al. (2023) Per- and Polyfluoroalkyl Substances in New Firefighter Turnout Gear Textiles. (National Institute of Standards and Technology, Gaithersburg, MD), NIST Technical Note (TN) NIST TN 2248. https://doi.org/10.6028/NIST.TN.2248 ↑

Date of Hearing: April 9, 2024

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Eduardo Garcia, Chair

ABPCA Bill Id:AB 2408 (

Author:Haney) – As Amended Ver:March 21, 2024

SUBJECT: Firefighter personal protective equipment: perfluoroalkyl and polyfluoroalkyl substances

SUMMARY: Prohibits, beginning July 1, 2026, any person from manufacturing, selling, offering for sale, distributing for use in this state, or using in this state, firefighter personal protective equipment (PPE) containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Specifically, this bill:

1) Prohibits, beginning July 1, 2026 any person, including a manufacturer, from manufacturing, selling, offering for sale, distributing for use in this state, or using in this state, firefighter PPE containing intentionally added PFAS chemicals.

2) Provides that upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person that violates the sales, distribution, or use ban on PFAS in firefighter PPE is liable for a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation.

3) Requires the Occupational Safety and Health Standards Board, in consultation with the Department of Industrial Relations, within one year of the National Fire Protection Association (NFPA) updating the NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting to include PFAS-free turnout gear, to update the applicable safety orders, or other applicable standards and regulations, to maintain alignment of the safety orders with the NFPA standard.

EXISTING LAW:

1. Authorizes the State Fire Marshal to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state, and requires the State Fire Marshal to notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to bring their equipment into conformity with standard requirements. (Health and Safety Code (HSC) § 13026-13027)
2. Requires, commencing January 1, 2022, a person that sells firefighter PPE to provide a written notice to the purchaser, if the firefighter PPE contains intentionally added PFAS chemicals. (HSC § 13029 (b)(1))
3. Prohibits, commencing January 1, 2022, a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use, and a person from using, class B firefighting foam containing intentionally added PFAS chemicals. (HSC § 13061 (b)(1))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author: "Twenty years ago heart disease was the biggest threat to firefighter health. Today, cancer has replaced heart disease as the biggest killer of firefighters. While firefighting is an inherently dangerous profession, it is critical for the health and safety of California’s fire fighters that all unnecessary cancer causing exposures are eliminated. Firefighters put their lives at risk every day on the front lines saving lives, responding to emergencies and taking care of the vulnerable. We have an obligation to protect them – and that means making sure they are not exposed to cancer-causing chemicals in the very equipment designed to keep them safe."

Perfluoroalkyl and polyfluoroalkyl substances (PFAS): PFASs are a large group of synthetic, highly fluorinated substances that have been widely used in industrial and consumer applications for their heat, water, and lipid resistance properties for more than seven decades. PFAS are long-lasting chemicals that break down very slowly over time. PFAS are ubiquitous, and researchers have found PFAS in indoor and outdoor environments, plants, soil, food, drinking water, wildlife, companion animals, production animals, and humans at locations across the nation and around the globe. Scientific studies have shown that exposure to some PFAS may be linked to harmful health effects in humans and animals. More than 9,000 PFAS chemicals are included in the United States Environmental Protection Agency's (US EPA's) Master List of PFAS Substances. The persistence and proliferation of PFAS chemicals makes it challenging to study and assess the overall potential human health and environmental risks of PFAS exposure.

The breadth of uses of PFAS is immense, making it nearly impossible to avoid exposure. PFAS are used extensively in surface coating and protectant formulations due to their unique ability to reduce the surface tension of liquids. In consumer products, PFAS is used in carpets, furniture fabrics, apparel, paper packaging for food, non-stick cookware, personal care products, and other products designed to be waterproof; grease, heat, water, and stain resistant; or, non-stick. Commercial applications span many sectors of the economy, including aerospace, apparel, automotive, building and construction, pharmaceuticals, medical devices, paints, electronics, semiconductors, energy, oil and gas exploration, first responder safety, firefighting foams, and health care. During production, use, and disposal, PFAS can migrate into the soil, water, and air.

Exposure to PFAS: The main route of exposure to PFAS is through ingestion of contaminated food or liquid (accounting for up to half of total exposure), and through inhalation and ingestion of contaminated indoor air and dust. Food can become contaminated with PFAS through contaminated soil and water used to grow the food, food packaging containing PFAS, and equipment that uses PFAS during food processing. Some foods, such as fish, meat, eggs and leafy vegetables, may contain PFAS due to bioaccumulation and crop uptake. Studies have shown that PFAS can transfer from pregnant mothers to their fetuses via the placenta during gestation, and from nursing mothers to their infants via breastfeeding. Dermal exposure is also possible when people touch products treated with PFAS, such as carpets or clothing. Young children may be susceptible to higher levels of exposure than adults because they ingest more dust containing PFAS and mouth PFAS-treated consumer products. Workers, such as carpet installers, carpet cleaners, firefighters, and workers in furniture, furnishings, outdoor clothing, and carpet stores may also experience above average PFAS exposure levels.

Exposure to PFAS in drinking water is an escalating concern due to the persistence of PFAS chemicals in the environment and their tendency to accumulate in groundwater. Groundwater PFAS contamination typically has been associated with industrial facilities where these chemicals were manufactured or used in other products, and in airfields where the chemicals have been used for firefighting. PFAS chemicals can also enter the environment and drinking water through composting, landfilling, recycling, and incineration of products containing PFAS. The State Water Board indicates that the four major sources of PFAS in drinking water in California are fire training/fire response sites, industrial sites, landfills, and wastewater treatment plants/biosolids. The State Water Board notes that because of their presence and persistence in many drinking water supplies, PFAS remain a serious source of exposure decades after their release into the environment.

Like humans, wildlife is exposed to PFAS by consuming contaminated water or food. Within aquatic food webs, PFAS were found to increase in concentration from ambient water to plankton and further up the food chain.

Hazard traits of PFAS: According to DTSC, all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations (22 C.C.R § 69401 et seq.). An intrinsic property of PFAS is the extreme environmental persistence of either the individual compounds or their degradation products or both, resulting in their classification as "forever chemicals." Most PFAS are mobile in environmental media such as air and water, and thus are widespread in living organisms and the environment. Several PFAS bioaccumulate significantly in animals or plants and emerging evidence points to their phytotoxicity, aquatic toxicity, and terrestrial ecotoxicity.

DTSC contends that exposure to PFAS can lead to adverse health outcomes in humans. If humans are exposed to PFAS through diet, drinking water, or inhalation, some of these chemicals remain in the body for a long time. As people continue to be exposed to PFAS, the PFAS levels in their bodies may increase to the point that they suffer adverse health effects. According to the US EPA, current peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to: reproductive effects such as decreased fertility or increased high blood pressure in pregnant women; developmental effects, or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes; increased risk of some cancers, including prostate, kidney, and testicular cancers; reduced ability of the body’s immune system to fight infections, including reduced vaccine response; interference with the body’s natural hormones; and, increased cholesterol levels and/or risk of obesity.

Regulating PFAS as a class: DTSC has adopted a rationale for regulating PFAS chemicals as a class, concluding, "It is both ineffective and impractical to regulate this complex class of chemicals with a piecemeal approach." This rationale was presented in the February 2021, Environmental Health Perspectives article, "Regulating PFAS as a Chemical Class under the California Safer Consumer Products Program." The authors of the article state:

"The widespread use, large number, and diverse chemical structures of PFAS pose challenges to any sufficiently protective regulation, emissions reduction, and remediation at contaminated sites. Regulating only a subset of PFAS has led to their replacement with other members of the class with similar hazards, that is, regrettable substitutions. Regulations that focus solely on perfluoroalkyl acids (PFAAs) are ineffective, given that nearly all other PFAS can generate PFAAs in the environment… We at the California DTSC propose regulating certain consumer products if they contain any member of the class of PFAS because: a) all PFAS, or their degradation, reaction, or metabolism products, display at least one common hazard trait according to the California Code of Regulations, namely environmental persistence; and b) certain key PFAS that are the degradation, reaction or metabolism products, or impurities of nearly all other PFAS display additional hazard traits, including toxicity; are widespread in the environment, humans, and biota; and will continue to cause adverse impacts for as long as any PFAS continue to be used. Regulating PFAS as a class is thus logical, necessary, and forward-thinking."

Other researchers have made the case for managing PFAS as a chemical class, including in "Scientific Basis for Managing PFAS as a Chemical Class" published in June 2020 in Environmental Science & Technology Letters, and "Strategies for grouping per- and polyfluoroalkyl substances (PFAS) to protect human and environmental health," also published in June 2020 in Environmental Science: Processes & Impacts.

Health impacts on firefighters: Elevated levels of PFAS chemicals have been documented in the bodies of firefighters. The Firefighter Occupational Exposures Project, a study of environmental chemical exposures in firefighters as part of Biomonitoring California, found that concentrations of a particular perfluorinated chemical were approximately three times higher in the firefighters tested than in adult males participating in the National Health and Nutrition Examination Survey (NHANES) (the study was not designed to identify specific exposure sources). Another study as part of the Women Firefighters Biomonitoring Collaborative, found that women firefighters in San Francisco had significantly higher amounts of three PFAS chemicals in their blood, compared to office workers (Trowbridge et al., 2020). The National Institute for Occupational Safety and Health (NIOSH) conducted a multi-year study of nearly 30,000 firefighters from the Chicago, Philadelphia, and San Francisco Fire Departments, and found the firefighters in the study had higher rates of certain types of cancer than the general US population.

In 2016, the Federal Emergency Management Agency (FEMA) funded the Fire Fighter Cancer Cohort Study with the long-term goal of following 10,000 firefighters across the US over a 30-year observation period. As part of this study, researchers are studying acute PFAS exposure of the fire service through multiple anticipated exposure pathways, including fire response, turnout gear, and the use of aqueous film forming foam.

Firefighter PPE, or "turnout gear," has three layers: the thermal layer closest to the skin, a moisture barrier for water resistance, and the outer shell. Researchers at the University of Notre Dame tested more than 30 samples of used and unused PPE from six specialty textile manufacturers in the US. Their study, recently published in Environmental Science and Technology, found the PPE was extensively treated with PFAS or constructed with fluoropolymers, a type of PFAS used to make textiles oil and water resistant. The study found high fluorine concentrations on the moisture barrier and outer shell, though these chemicals can migrate off treated material. This is the first study of its kind, and more research is needed to better understand PFAS exposure specifically from PPE.

PFAS exposure from firefighter PPE: According to the article, "Another Pathway for Firefighter Exposure to Per- and Polyfluoroalkyl Substances: Firefighter Textiles," (Graham F. Peaslee, et. al), published in June 2020 in the journal Environmental Science and Technology Letters,

"This preliminary study suggests that significant quantities of fluorochemicals are being shed from the textiles used in PPE for firefighters during the in-service lifetime of the garment. The side-chain fluoropolymers in particular lead directly to PFOA precursor materials in the environment, which provide another route of exposure to both users of the turnout gear and others in the immediate environment. There may also be more direct pathways for these PFAS to enter the body, through dermal absorption for example, as was recently suggested with PFAS in mice, or inhalation of PFAS-containing particles and fibers resuspended from the turnout gear.

The role of clothing in promoting dermal absorption of other contaminants has been reported previously, and while the preliminary nature of this study requires further testing to be performed to assess the magnitude of this exposure route, several important safeguards should be considered immediately for fire service personnel. Minimization of contact with PFAS treated

turnout gear could be done in much the same way firefighter safety has been improved by minimization of exposure to fire combustion products. Keeping PFAS-treated turnout gear segregated from other textiles and living quarters and washing the thermal liners before first use might also be helpful strategies. Wearing PFAS-free clothing under the turnout gear and washing it regularly would also help to minimize skin exposure and washing hands after touching turnout gear would be precautionary."

The National Fire Protection Association (NFPA): The NFPA administers the process of developing product safety standards for fire fighter PPE. The NFPA standard, NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, sets the minimum levels of protection from thermal, physical, environmental, and bloodborne pathogen hazards. The NFPA technical committee responsible for NFPA 1971 has a task group looking at the issue of PFAS and any other chemicals that might cause cancer and may be used in PPE. The NFPA is looking at adopting a PFAS Free standard for firefighter PPE in the near future, potentially this year. Similarly, Cal Fire has a working group looking at the issue of PFAS in PPE and exploring alternative products. AB 2146 (Skinner, Chapter 811, Statutes of 2014) requires the Occupational Safety and Health Standards Board to review, every five years, revisions to NFPA standards pertaining to PPE, and to consider updating safety standards to align with NFPA standards.

Recent law on PFAS in Firefighter equipment: SB 1044 (Allen, Chapter 308, Statutes of 2020) requires sellers of firefighter PPE to provide a written notice at the time of sale if the PPE contains intentionally added PFAS. The notice is required to include the reason that PFAS chemicals have been added to the PPE. This bill does not prohibit any uses of PPE that contain PFAS, as alternatives are still being explored and developed, and are not currently available on the market. While the Division of Occupational Safety and Health, known as Cal/OSHA, in the Department of Industrial Relations sets and enforces workplace safety standards, including for firefighter PPE, the PPE notification provisions in SB 1044 are under the purview of the State Fire Marshal.

This bill: AB 2408 prohibits any person from manufacturing, selling, distributing, or using firefighter PPE containing intentionally added PFAS beginning July 1, 2026. Additionally the bill requires the Occupational Safety and Health Standards Board, within one year of the NFPA updating their standard for firefighter PPE to be PFAS free, to align California's standards with the NFPA standard. The hazards of PFAS have been well documented, as are the risks that firefighters face in the line of duty. Ensuring that the equipment that firefighters wear is free from harmful chemicals, such as PFAS, seems like a very fair and reasonable policy.

Timing could be an issue: The NFPA may adopt a PFAS free standard for firefighter PPE this year, however, there is always the chance that this does not happen. If not, then the date in the bill may be challenging to meet. Therefore, as the bill moves through the legislative process, the author may wish to monitor the NFPA process to ensure there is time for the new PFAS firefighter PPE to be distributed in California.

Arguments in Support: According to the California Professional Firefighters (CPF):

"[CPF] is pleased to support AB 2408, which would ban the sale and use of firefighter personal protection equipment (PPE) that contain the toxic family of chemicals known as PFAS in California and require the Occupational Safety and Health Standards Board to update the standards regarding PPE.

While firefighting is an inherently dangerous profession, it is critical for the health and safety of California’s firefighters that all unnecessary exposures are eliminated. Every exposure brings with it an additional risk of developing a deadly cancer, and to experience daily exposure to a known carcinogenic and toxic substance through the protective gear that they wear is simply unacceptable.

PFAS is mainly concentrated in the pants and jackets of turnouts within the inner moisture barrier layer, found between the outer shell and the inner thermal liner of the composite material2. The performance, durability, and safety standards for turnouts are governed by standards set by the National Fire Protection Association (NFPA), specifically NPFA Standard 1971. While manufacturers of PPE have largely been able to produce gear able to meet existing NFPA standards with safe alternatives to PFAS, NFPA Standard 1971 § 8.62 requires a light degradation resistance test that, to date, can only be met with the addition of PFAS materials. NFPA standards follow revision cycles to allow for regular updates, with NFPA 1971 set to complete a revision and consolidation with other related standards by summer of 2024. This revision proposes significant changes related to the inclusion of PFAS in turnouts, including the elimination of the light degradation resistance test entirely.

The proposed elimination of the light degradation resistance test from the upcoming revision of the NPFA standard acknowledges the fact that an overly stringent requirement for light resistance is not a necessary safety feature for a material that makes up the interior of the fabric composite and will never be exposed to direct light. As meeting the requirements of this test is the only reason that PFAS is still included in turnout gear, once that test has been removed, we as a state owe it to the men and women who put their lives on the line for our communities every day to move quickly to eliminate this threat."

Arguments in Opposition:

None on file.

Double-referral: Should this bill pass the Assembly Environmental Safety and Toxic Materials Committee, it will be re-referred to the Assembly Labor and Employment Committee.

Related legislation:

SB 1044 (Allen, Chapter 308, Statutes of 2020). Prohibits the manufacture, sale, distribution, and use of class B firefighting foam containing PFAS chemicals by January 1, 2022, with some exceptions, and requires notification of the presence of PFAS in the protective equipment of firefighters.

REGISTERED SUPPORT / OPPOSITION:

Support

Breast Cancer Prevention Partners
California Labor Federation, AFL-CIO
California Professional Firefighters (Sponsor)
Clean Water Action
Cleanearth4kids.org
Natural Resources Defense Council

Opposition

None on file.

Analysis Prepared by: Josh Tooker / E.S. & T.M. /