New Jersey § 13:1k-43

§ 13:1k-43.

a. As used in this section: “ Class B firefighting foam ” means the same as defined in subsection k. of section 1 of P.L.2023, c. 243 ( C.56:8-229 ). “ Intentionally added PFAS ” means the same as defined in subsection k. of section 1 of P.L.2023, c. 243 ( C.56:8-229 ). “ Perfluoroalkyl and polyfluoroalkyl substances ” or “ PFAS ” means the same as defined in subsection k. of section 1 of P.L.2023, c. 243 ( C.56:8-229 ). b. The Department of Environmental Protection shall establish a program to provide

for the collection and safe disposal of certain Class B firefighting foams containing

intentionally added PFAS, the use of which has been prohibited pursuant to section

1 of P.L.2023, c. 243 ( C.56:8-229 ), from fire departments in the State. The purpose of the program shall be to ensure that the Class B firefighting foams

containing intentionally added PFAS are disposed of in a manner that protects the

public health and the environment and to facilitate compliance by fire departments

with the provisions of section 1 of P.L.2023, c. 243 ( C.56:8-229 ). c. Under the program: (1) the department shall be responsible for, and bear the cost of, collecting Class

B firefighting foams containing intentionally added PFAS from fire departments that

participate in the program and disposing of the foam in an environmentally sound manner;

and (2) except as provided in subsection d. of this section, the participating fire department

shall be responsible for, and bear the cost of, obtaining replacement firefighting

foams that comply with the provisions of section 1 of P.L.2023, c. 243 ( C.56:8-229 ) and all other applicable State and federal laws. d. The department shall establish a procedure by which fire departments may voluntarily

opt in to the program established pursuant to this section. e. As part of the program, the department shall award grants to qualifying municipalities

to cover the costs of replacement class B firefighting foams that are purchased to

replace firefighting foams that are prohibited under the provisions of section 1 of P.L.2023, c. 243 ( C.56:8-229 ). A municipality may apply to the department, in a form and manner determined by the

department, for a grant, which shall be in an amount sufficient to fully reimburse

the municipality for the costs of the replacement class B firefighting foam. In order to be eligible for a grant, a municipality shall demonstrate, to the department's

satisfaction, that the costs of the replacement firefighting foam exceed 5 percent

of annual operating expenses of the municipality's fire department, for municipalities

having a population in excess of 40,000 persons and a population density in excess

of 3,000 persons per square mile, or 2.5 percent of annual operating expenses of the

municipality's fire department, for all other municipalities.