Washington State

House of Representatives

Office of Program Research



Environment & Energy Committee

HB 2265

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Eliminating exemptions from restrictions on the use of perfluoroalkyl and polyfluoroalkyl substances in firefighting foam.

Sponsors: Representative Doglio.

Brief Summary of Bill

  • Eliminates exceptions from restrictions on the manufacture, sale, or distribution of firefighting foam containing intentionally added per- and poly- fluoroalkyl (PFAS) chemicals for use in chemical plants, oil refineries, and where the inclusion of PFAS chemicals is required by federal law, beginning January 1, 2022.

Hearing Date: 1/13/20

Staff: Jacob Lipson (786-7196).


According to the Department of Ecology (Ecology), perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals are characterized by their resistance to oil, stains, grease, and water, as well as their durability, heat resistance, and anti-corrosive properties. Ecology has also identified PFAS chemicals as persistent bioaccumulative toxins (PBTs).

In 2018, the Legislature enacted restrictions on firefighting foam, designed for flammable liquid fires, that contains intentionally added PFAS chemicals (PFAS foam). Starting July 1, 2018, PFAS foam may not be used or discharged for training purposes. In addition, beginning July 1, 2020, manufacturers, importers, and distributors may not manufacture, sell, or distribute PFAS foam. The 2020 restriction on manufacture, sale, and distribution of PFAS foam does not apply:

Violations of these manufacture, sale, distribution, and use restrictions are subject to civil penalties of up to $5,000 per violation for initial offenses, and up to $10,000 for repeat offenses.

Summary of Bill:

Beginning January 1, 2022, the exceptions are terminated that apply to the manufacture, sale, and distribution of PFAS foam for use in chemical plants, oil refineries, and where PFAS foam is required by federal law.

Appropriation: None.

Fiscal Note: Requested on January 7, 2020.

Effective Date: The bill takes effect on January 1, 2022.