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Senate committee adopts amendment restricting PFAS firefighting foam, sends SB 91 to floor
Summary
The Senate Energy and Environment Committee adopted the -1 amendment to Senate Bill 91 prohibiting most uses of PFAS-containing firefighting foam by fire departments and advanced the bill to the Senate floor with a due-pass recommendation; the committee rescinded a prior subreferral to the Joint Committee on Ways and Means.
The Senate Energy and Environment Committee on Feb. 24 adopted the -1 amendment to Senate Bill 91, a measure that would prohibit fire departments and their employees or volunteers from using PFAS-containing firefighting foam except when required by the Federal Aviation Administration or other federal law. The committee voted to advance the bill to the Senate floor with a due-pass recommendation and rescinded a prior subreferral to the Joint Committee on Ways and Means.
The -1 amendment was described to the committee as replacing the original measure to prohibit PFAS-containing foam use by fire departments except when federal law (including FAA requirements) mandates it. Committee staff said the amendment has a minimal fiscal impact and no revenue impact. Vice Chair Brock Smith moved adoption of the amendment; the motion carried without recorded opposition to the amendment.
Several senators discussed the health and environmental trade-offs during the brief work session. Senator Robinson acknowledged concerns about PFAS but said he was cautious about a statewide ban because “we don't know the details of what the replacements are” and worried about unintended consequences from switching to untested replacements. Vice Chair Brock Smith and others disagreed, noting that some departments already are moving to PFAS-free foams and that manufacturers have offered exchange programs to replace PFAS-containing foam with alternatives. One senator added that PFAS is pervasive in many products and emphasized the goal of reducing its presence in the environment because foam can “soak down into our water system and affect the health of our soils and food system and water that we are drinking.”
The committee took a roll call on the subsequent motion to move SB 91, as amended, to the floor with a due-pass recommendation and to rescind the subreferral to Joint Ways and Means. The roll call recorded Senator Holden as “aye,” Senator Robinson as “no,” Vice Chair Brock Smith as “aye,” and Chair Solman as “aye.” The tally carried and the bill was referred to the Senate floor with a due-pass recommendation.
The committee closed the work session on SB 91 before proceeding to public hearings on other bills.
Votes at a glance: SB 91 (as amended) — Motion to advance to floor with due-pass recommendation and rescind subreferral to Joint Ways and Means: 3 yes, 1 no; outcome: approved.
