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ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2641

 

PFAS; firefighting foam; prohibition

Purpose

Prohibits a person, local government or state agency from discharging or using class B firefighting foam that contains intentionally added PFAS chemicals for any purpose, unless required by federal regulation.

Background

Laws 2019, Chapter 222 prohibits a person, local government or state agency from discharging or using class B firefighting foam that contains intentionally added PFAS chemicals for training or testing purposes unless required by law or federal regulation or if a testing facility using the foam for testing purposes implements appropriate containment, treatment and disposal measures to prevent uncontrolled releases into the environment. The outlined prohibition on class B firefighting foam containing PFAS chemicals does not restrict the manufacture, sale or distribution of class B firefighting foam that contains intentionally added PFAS chemicals or the discharge or other use of class B firefighting foam in emergency firefighting or fire prevention operations.

Class B firefighting foam means foam designed to extinguish a fire that involves a flammable liquid. PFAS chemicals means perfluoroalkyl and polyfluoroalkyl substances that are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, that are designed to be fully functional in class B firefighting foam formulations and that are used as a firefighting agent.

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Expands the prohibition on a person, local government or state agency discharging or using class B firefighting foam containing intentionally added PFAS chemicals to apply to any purpose, rather than only training purposes, unless required by federal regulation.

2.   Exempts the owner or operator of a public airport from the outlined prohibition on class B firefighting foam containing PFAS chemicals until January 1, 2031.

3.   Removes the stipulation that the outlined prohibition on class B firefighting foam containing PFAS chemicals does not restrict the manufacture, sale or distribution of class B firefighting foam that contains intentionally added PFAS chemicals or the discharge or other use of class B firefighting foam in emergency firefighting or fire prevention operations.

4.   Defines public airport as an airport that is owned by a political subdivision of the state or that is otherwise open to the public.

5.   Makes technical and conforming changes.

6.   Becomes effective on the general effective date.

House Action

PSLE               1/26/26      DP       15-0-0-0

3rd Read          3/5/26                    50-0-9-0-1

Prepared by Senate Research

March 22, 2026

AN/ci