1.1 A bill for an act
1.2 relating to environment; prohibiting the use of certain firefighting foam; allowing
1.3 certain exemptions; requiring a report; appropriating money; amending Minnesota
1.4 Statutes 2022, section 325F.072, subdivisions 1, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2022, section 325F.072, subdivision 1, is amended to read:
1.7 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have
1.8the meanings given.
1.9 (b) "Class B firefighting foam" means foam designed for flammable liquid fires to
1.10prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases,
1.11tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases.
1.12 (c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" means, for
1.13the purposes of firefighting agents, a class of fluorinated organic chemicals containing at
1.14least one fully fluorinated carbon atom and designed to be fully functional in class B
1.15firefighting foam formulations.
1.16 (d) "Political subdivision" means a county, city, town, or a metropolitan airports
1.17commission organized and existing under sections 473.601 to 473.679.
1.18 (e) "State agency" means an agency as defined in section 16B.01, subdivision 2.
1.19 (f) "Testing" means calibration testing, conformance testing, and fixed system testing.
1Section 1.
REVISOR CKM H0742-1HF742 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 742
NINETY-THIRD SESSION
Authored by Norris; Becker-Finn; Jordan; Hansen, R.; Hill and others01/23/2023
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy
Adoption of Report: Amended and re-referred to the Committee on Health Finance and Policy02/27/2023 2.1 Sec. 2. Minnesota Statutes 2022, section 325F.072, subdivision 3, is amended to read:
2.2 Subd. 3.Prohibition of testing and training.(a) Beginning July 1, 2020, No person,
2.3political subdivision, or state agency shall discharge class B firefighting foam that contains
2.4intentionally added manufacture or knowingly sell, offer for sale, distribute for sale, or
2.5distribute for use in this state, and no person shall use in this state, class B firefighting foam
2.6containing PFAS chemicals:.
2.7 (1) for testing purposes, unless the testing facility has implemented appropriate
2.8containment, treatment, and disposal measures to prevent releases of foam to the environment;
2.9or
2.10 (2) for training purposes, unless otherwise required by law, and with the condition that
2.11the training event has implemented appropriate containment, treatment, and disposal measures
2.12to prevent releases of foam to the environment. For training purposes, class B foam that
2.13contains intentionally added PFAS chemicals shall not be used.
2.14 (b) This section does not restrict:
2.15 (1) the manufacture, sale, or distribution of class B firefighting foam that contains
2.16intentionally added PFAS chemicals; or
2.17 (2) the discharge or other use of class B firefighting foams that contain intentionally
2.18added PFAS chemicals in emergency firefighting or fire prevention operations.
2.19 (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class
2.20B firefighting foam for which the inclusion of PFAS chemicals is required by federal law,
2.21including but not limited to Code of Federal Regulations, title 14, section 139.317. If a
2.22federal requirement to include PFAS chemicals in class B firefighting foam is revoked after
2.23January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer
2.24exempt under this paragraph effective one year after the day of revocation.
2.25 (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class
2.26B firefighting foam for purposes of use at an airport, as defined under section 360.013,
2.27subdivision 39, until the state fire marshal makes a determination that:
2.28 (1) the Federal Aviation Administration has provided policy guidance on the transition
2.29to fluorine-free firefighting foam; and
2.30 (2) a fluorine-free firefighting foam product is included in the Federal Aviation
2.31Administration's Qualified Product Database.
2Sec. 2.
REVISOR CKM H0742-1HF742 FIRST ENGROSSMENT 3.1 (d) Until the state fire marshal makes a determination under paragraph (c), the operator
3.2of an airport using class B firefighting foam containing PFAS chemicals must, on or before
3.3December 31 of each calendar year, submit a report to the state fire marshal regarding the
3.4status of the airport's conversion to class B firefighting foam products without intentionally
3.5added PFAS, the disposal of class B firefighting foam products with intentionally added
3.6PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.
3.7 EFFECTIVE DATE.This section is effective January 1, 2024.
3.8 Sec. 3. TEMPORARY EXEMPTION FOR TERMINALS AND OIL REFINERIES.
3.9 Subdivision 1.Temporary exemption.Minnesota Statutes, section 325F.072, subdivision
3.103, does not apply to the manufacture, sale, distribution, or use of class B firefighting foam
3.11for the purposes of use at a terminal or oil refinery until January 1, 2026.
3.12 Subd. 2.Extension; waiver.(a) A person who operates a terminal or oil refinery may
3.13apply to the state fire marshal for a waiver to extend the exemption under subdivision 1,
3.14beyond January 1, 2026, as provided in this subdivision.
3.15 (b) The state fire marshal may grant a waiver to extend the exemption under subdivision
3.161 for a specific use if the applicant provides all of the following:
3.17 (1) clear and convincing evidence that there is no commercially available replacement
3.18that does not contain intentionally added PFAS chemicals and that is capable of suppressing
3.19fire for that specific use;
3.20 (2) information on the amount of firefighting foam containing intentionally added PFAS
3.21chemicals stored, used, or released on-site on an annual basis;
3.22 (3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to
3.23transition to firefighting foam that does not contain intentionally added PFAS chemicals
3.24for that specific use; and
3.25 (4) a plan for meeting the requirements under subdivision 3.
3.26 (c) The state fire marshal must ensure there is an opportunity for public comment during
3.27the waiver process. The state fire marshal must consider both information provided by the
3.28applicant and information provided through public comment when making a decision on
3.29whether to grant a waiver. The term of a waiver must not exceed two years. The state fire
3.30marshal must not grant a waiver for a specific use if any other terminal or oil refinery is
3.31known to have transitioned to commercially available class B firefighting foam that does
3.32not contain intentionally added PFAS chemicals for that specific use. All waivers must
3Sec. 3.
REVISOR CKM H0742-1HF742 FIRST ENGROSSMENT 4.1expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or
4.2oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in
4.3order to be considered for a waiver beyond January 1, 2026. The state fire marshal must
4.4notify the waiver applicant of a decision within six months of the waiver submission date.
4.5 (d) The state fire marshal must provide an applicant for a waiver under this subdivision
4.6an opportunity to:
4.7 (1) correct deficiencies when applying for a waiver; and
4.8 (2) provide evidence to dispute a determination that another terminal or oil refinery is
4.9known to have transitioned to commercially available class B firefighting foam that does
4.10not contain intentionally added PFAS chemicals for that specific use, including evidence
4.11that the specific use is different.
4.12 Subd. 3.Use requirements.(a) A person that uses class B firefighting foam containing
4.13intentionally added PFAS chemicals under this section must:
4.14 (1) implement tactics that have been demonstrated to prevent release directly to the
4.15environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
4.16 (2) attempt to fully contain all fire foams with PFAS on-site using demonstrated practices
4.17designed to contain all PFAS releases;
4.18 (3) implement containment measures such as bunds and ponds that are controlled,
4.19impervious to PFAS chemicals, and do not allow firewater, wastewater, runoff, and other
4.20wastes to be released to the environment, such as to soils, groundwater, waterways, or
4.21stormwater; and
4.22 (4) dispose of all firewater, wastewater, runoff, impacted soils, and other wastes in a
4.23way that prevents releases to the environment.
4.24 (b) A terminal or oil refinery that has received a waiver under this section may provide
4.25and use class B firefighting foam containing intentionally added PFAS chemicals in the
4.26form of mutual aid to another terminal or oil refinery at the request of authorities only if
4.27the other terminal or oil refinery also has a waiver.
4.28 EFFECTIVE DATE.This section is effective January 1, 2024.
4.29 Sec. 4. FIREFIGHTER TURNOUT GEAR; REPORT.
4.30 (a) The commissioner of the Pollution Control Agency, in cooperation with the
4.31commissioner of health, must submit a report to the chairs and ranking minority members
4.32of the legislative committees and divisions with jurisdiction over environment and natural
4Sec. 4.
REVISOR CKM H0742-1HF742 FIRST ENGROSSMENT 5.1resources regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in turnout gear
5.2by January 15, 2024. The report must include:
5.3 (1) current turnout gear requirements and options for eliminating or reducing PFAS in
5.4turnout gear;
5.5 (2) current turnout gear disposal methods and recommendations for future disposal to
5.6prevent PFAS contamination; and
5.7 (3) recommendations and protocols for PFAS biomonitoring in firefighters, including
5.8a process for allowing firefighters to voluntarily register for biomonitoring.
5.9 (b) For the purposes of this section, "turnout gear" is the personal protective equipment
5.10(PPE) used by firefighters.
5.11 Sec. 5. APPROPRIATION; BIOMONITORING.
5.12 $500,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
5.13of the Pollution Control Agency for developing and implementing firefighter biomonitoring
5.14protocols under section 4. Of this amount, up to $250,000 may be transferred to the
5.15commissioner of health for biomonitoring of firefighters. This is a onetime appropriation
5.16and is available until June 30, 2025.
5Sec. 5.
REVISOR CKM H0742-1HF742 FIRST ENGROSSMENT