FIREFIGHTING FOAM; PFAS                                                                 H.B. 4389 (S-4):

                                                                                                    SUMMARY OF BILL

                                                                                                  ON THIRD READING

House Bill 4389 (Substitute S-4 as reported by the Committee of the Whole)

Sponsor:  Representative Sue Allor            

House Committee:  Natural Resources and Outdoor Recreation

                             Ways and Means

Senate Committee:  Environmental Quality

CONTENT

The bill would amend the Part 147 (Chemical Substances) of the Natural Resources and Environmental Protection Act to do the following:

-- Require the fire chief of an organized fire department that used firefighting foam containing intentionally added perfluoroalkyl or polyfluoroalkyl (PFAS) to report the incident to the Michigan pollution emergency alert system within 48 hours after the end of a fire incident or other incident.

-- Specify that a person who violated the proposed reporting requirement could be ordered to pay a civil fine of up to $50.

-- Require the Department of Environment, Great Lakes, and Energy (DEGLE) to establish a collection program for firefighting foam concentrate containing intentionally added PFAS and establish guidelines for the program.

Proposed MCL 324.14701 et al.                                      Legislative Analyst:  Dana Adams

FISCAL IMPACT

The bill could have a negative fiscal impact on the State. Under the bill, DEGLE would have to establish a new collection and disposal program for PFAS firefighting foam. The program would be contingent upon appropriations to cover program costs, which likely would result in a net zero fiscal impact to the Department. Program costs would depend upon the extent of PFAS firefighting foam in use by fire departments. The additional reporting requirements for fire chiefs after use of firefighting foam would have a negative fiscal impact on local governments, although the effect would not be significant.

Date Completed:  6-15-20                                                     Fiscal Analyst: Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.