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CS/CS/HB 1019 — Perfluoroalkyl and Polyfluoroalkyl Substances
by State Affairs Committee; Natural Resources & Disasters Subcommittee; and Reps. Conerly, Blanco, and others (CS/CS/SB 1230 by Fiscal Policy Committee; Environment and Natural Resources Committee; and Senators Harrell, Truenow, and Berman)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Environment and Natural Resources Committee (EN)
The bill creates the Joe Casello Act. The bill provides that, effective July 1, 2026, aqueous film-forming foam (AFFF) containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) may not be used for any nonemergency instruction, training, or testing, and all entities in possession of AFFF must report inventories to the Department of Environmental Protection (DEP). Effective July 1, 2027, the bill prohibits the sale, purchase, or distribution of AFFF and requires entities with remaining inventories to submit a disposal plan to DEP.
Effective July 1, 2029, the bill prohibits the possession and use of AFFF. The bill creates exceptions for (1) airports; (2) military applications where alternatives do not exist; (3) emergency firefighting situations where alternative firefighting foam is not available; and
(4) AFFF retrofit projects submitted under an application with state or local firefighting authorities.
A person who violates these provisions is subject to civil penalties of up to $10,000 per violation per day and additional penalties for failure to report inventories or submit disposal plans. The bill authorizes DEP to seek injunctive relief to enforce compliance.
The bill directs DEP to adopt rules governing the containment, collection, and disposal of AFFF; maintain a registry of firefighting foam alternatives that do not contain PFAS; and provide technical assistance and grants to support the transition to PFAS-free products. The bill also authorizes DEP to administer grants or cost-share programs to assist local fire departments and airports with this transition.
The bill also requires public entities that dispose of domestic wastewater biosolids and treated effluent that have a designed average daily flow of 25,000 gallons or more to conduct quarterly sampling for PFAS and submit the results to DEP. Such sampling and reporting are for informational purposes only until national water quality standards are established for PFAS.
If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect on July 1, 2026.
Vote: Senate 37-0; House 107-0