Minnesota 2023-2024 Regular Session

Minnesota House Bill HF742 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to environment; prohibiting the use of certain firefighting foam; allowing
3	3		1.3 certain exemptions; requiring a report; appropriating money; amending Minnesota
4	4		1.4 Statutes 2022, section 325F.072, subdivisions 1, 3, by adding a subdivision.
5	5		1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6		1.6 Section 1. Minnesota Statutes 2022, section 325F.072, subdivision 1, is amended to read:
7	7		1.7 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have
8	8		1.8the meanings given.
9	9		1.9 (b) "Class B firefighting foam" means foam designed for flammable liquid fires to
10	10		1.10prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases,
11	11		1.11tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases.
12	12		1.12 (c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" means, for
13	13		1.13the purposes of firefighting agents, a class of fluorinated organic chemicals containing at
14	14		1.14least one fully fluorinated carbon atom and designed to be fully functional in class B
15	15		1.15firefighting foam formulations.
16	16		1.16 (d) "Political subdivision" means a county, city, town, or a metropolitan airports
17	17		1.17commission organized and existing under sections 473.601 to 473.679.
18	18		1.18 (e) "State agency" means an agency as defined in section 16B.01, subdivision 2.
19	19		1.19 (f) "Testing" means calibration testing, conformance testing, and fixed system testing.
20	20		1Section 1.
21		-	REVISOR CKM H0742-3HF742 ~~THIRD~~ ENGROSSMENT
	21	+	REVISOR CKM H0742-2HF742 SECOND ENGROSSMENT
22	22		State of Minnesota
23	23		This Document can be made available
24	24		in alternative formats upon request
25	25		HOUSE OF REPRESENTATIVES
26	26		H. F. No. 742
27	27		NINETY-THIRD SESSION
28	28		Authored by Norris; Becker-Finn; Jordan; Hansen, R.; Hill and others01/23/2023
29	29		The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy
30	30		Adoption of Report: Amended and re-referred to the Committee on Health Finance and Policy02/27/2023
31		-	Adoption of Report: Amended and re-referred to the Committee on Commerce Finance and Policy03/13/2023
32		-	Adoption of Report: Amended and re-referred to the Committee on Environment and Natural Resources Finance and Policy03/16/2023 2.1 Sec. 2. Minnesota Statutes 2022, section 325F.072, subdivision 3, is amended to read:
	31	+	Adoption of Report: Amended and re-referred to the Committee on Commerce Finance and Policy03/13/2023 2.1 Sec. 2. Minnesota Statutes 2022, section 325F.072, subdivision 3, is amended to read:
33	32		2.2 Subd. 3.Prohibition of testing and training.(a) Beginning July 1, 2020, No person,
34	33		2.3political subdivision, or state agency shall discharge class B firefighting foam that contains
35	34		2.4intentionally added manufacture or knowingly sell, offer for sale, distribute for sale, or
36	35		2.5distribute for use in this state, and no person shall use in this state, class B firefighting foam
37	36		2.6containing PFAS chemicals:.
38	37		2.7 (1) for testing purposes, unless the testing facility has implemented appropriate
39	38		2.8containment, treatment, and disposal measures to prevent releases of foam to the environment;
40	39		2.9or
41	40		2.10 (2) for training purposes, unless otherwise required by law, and with the condition that
42	41		2.11the training event has implemented appropriate containment, treatment, and disposal measures
43	42		2.12to prevent releases of foam to the environment. For training purposes, class B foam that
44	43		2.13contains intentionally added PFAS chemicals shall not be used.
45	44		2.14 (b) This section does not restrict:
46	45		2.15 (1) the manufacture, sale, or distribution of class B firefighting foam that contains
47	46		2.16intentionally added PFAS chemicals; or
48	47		2.17 (2) the discharge or other use of class B firefighting foams that contain intentionally
49	48		2.18added PFAS chemicals in emergency firefighting or fire prevention operations.
50	49		2.19 (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class
51	50		2.20B firefighting foam for which the inclusion of PFAS chemicals is required by federal law,
52	51		2.21including but not limited to Code of Federal Regulations, title 14, section 139.317. If a
53	52		2.22federal requirement to include PFAS chemicals in class B firefighting foam is revoked after
54	53		2.23January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer
55	54		2.24exempt under this paragraph effective one year after the day of revocation.
56	55		2.25 (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class
57	56		2.26B firefighting foam for purposes of use at an airport, as defined under section 360.013,
58	57		2.27subdivision 39, until the state fire marshal makes a determination that:
59	58		2.28 (1) the Federal Aviation Administration has provided policy guidance on the transition
60		-	2.29to fluorine-free firefighting foam;
	59	+	2.29to fluorine-free firefighting foam; and
61	60		2.30 (2) a fluorine-free firefighting foam product is included in the Federal Aviation
62		-	2.31Administration's Qualified Product Database~~; and~~
	61	+	2.31Administration's Qualified Product Database.
63	62		2Sec. 2.
64		-	REVISOR CKM H0742-3HF742 ~~THIRD~~ ENGROSSMENT 3.1 (3) ~~firefighting foam product included in~~ the ~~database~~ under ~~clause~~ (2) ~~is commercially~~
65		-	3.~~2available in quantities sufficient to reliably meet the requirements under Code of Federal~~
66		-	3.~~3Regulations~~, ~~title 14,~~ ~~section 139.~~
67		-	3.~~4 (d) Until~~ the ~~state fire marshal makes a determination under paragraph (c), the operator~~
68		-	3.~~5of an airport using~~ class B firefighting foam ~~containing PFAS chemicals must, on or before~~
69		-	3.~~6December 31~~ of ~~each calendar year,~~ ~~submit a report~~ to the ~~state fire marshal regarding the~~
70		-	3.~~7status of the airport's conversion to class B firefighting foam products without intentionally~~
71		-	3.~~8added PFAS~~, ~~the disposal of class B firefighting foam products with intentionally added~~
72		-	3.~~9PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.~~
73		-	3.10 ~~EFFECTIVE DATE~~.~~This section is effective January 1~~, ~~2024.~~
74		-	3.~~11 Sec.~~ 3~~. Minnesota Statutes 2022,~~ ~~section 325F.072, is amended by adding a subdivision~~
75		-	3.~~12to read~~:
76		-	3.13 ~~Subd. 3a.Discharge for~~ testing ~~and training.A person~~, ~~political subdivision~~, ~~or state~~
77		-	3.~~14agency exempted from~~ the ~~prohibitions under subdivision 3 may not discharge class B~~
78		-	3.~~15firefighting foam~~ that ~~contains intentionally added PFAS chemicals for:~~
79		-	3.~~16 (1) testing purposes, unless the testing facility~~ has implemented appropriate containment,
80		-	3.~~17treatment, and disposal measures to~~ prevent releases of foam to the environment~~; or~~
81		-	3.18 ~~(2) training purposes~~, ~~unless otherwise required by law, and with the condition that the~~
82		-	3.~~19training event has implemented appropriate containment,~~ ~~treatment,~~ and ~~disposal measures~~
83		-	3.~~20to prevent releases of foam to the environment.~~
84		-	3.~~21 EFFECTIVE DATE.This section is effective January 1~~, ~~2024.~~
85		-	3.~~22 Sec.~~ ~~4. TEMPORARY EXEMPTION FOR TERMINALS AND~~ OIL ~~REFINERIES~~.
86		-	3.23 ~~Subdivision 1~~.~~Temporary exemption~~.~~Minnesota Statutes,~~ ~~section 325F.072, subdivision~~
87		-	3.~~243, does not apply~~ to the ~~manufacture~~, ~~sale, distribution, or use of class B firefighting foam~~
88		-	3.~~25for the purposes of use at a terminal or oil refinery until~~ January 1, 2026.
89		-	3.26 ~~Subd. 2.Extension; waiver.(a)~~ A ~~person who operates a terminal or oil refinery may~~
90		-	3.~~27apply to the state fire marshal~~ for a ~~waiver to extend~~ the ~~exemption under subdivision 1,~~
91		-	3.~~28beyond January 1,~~ ~~2026, as provided in this subdivision.~~
92		-	3.~~29 (b) The state fire marshal may grant a waiver to extend the exemption under subdivision~~
93		-	3.~~301~~ for a specific use ~~if the applicant provides all of the following:~~
	63	+	REVISOR CKM H0742-2HF742 SECOND ENGROSSMENT 3.1 (d) Until the state fire marshal makes a determination under paragraph (c), the operator
	64	+	3.2of an airport using class B firefighting foam containing PFAS chemicals must, on or before
	65	+	3.3December 31 of each calendar year, submit a report to the state fire marshal regarding the
	66	+	3.4status of the airport's conversion to class B firefighting foam products without intentionally
	67	+	3.5added PFAS, the disposal of class B firefighting foam products with intentionally added
	68	+	3.6PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.
	69	+	3.7 EFFECTIVE DATE.This section is effective January 1, 2024.
	70	+	3.8 Sec. 3. Minnesota Statutes 2022, section 325F.072, is amended by adding a subdivision
	71	+	3.9to read:
	72	+	3.10 Subd. 3a.Discharge for testing and training.A person, political subdivision, or state
	73	+	3.11agency exempted from the prohibitions under subdivision 3 may not discharge class B
	74	+	3.12firefighting foam that contains intentionally added PFAS chemicals for:
	75	+	3.13 (1) testing purposes, unless the testing facility has implemented appropriate containment,
	76	+	3.14treatment, and disposal measures to prevent releases of foam to the environment; or
	77	+	3.15 (2) training purposes, unless otherwise required by law, and with the condition that the
	78	+	3.16training event has implemented appropriate containment, treatment, and disposal measures
	79	+	3.17to prevent releases of foam to the environment.
	80	+	3.18 EFFECTIVE DATE.This section is effective January 1, 2024.
	81	+	3.19 Sec. 4. TEMPORARY EXEMPTION FOR TERMINALS AND OIL REFINERIES.
	82	+	3.20 Subdivision 1.Temporary exemption.Minnesota Statutes, section 325F.072, subdivision
	83	+	3.213, does not apply to the manufacture, sale, distribution, or use of class B firefighting foam
	84	+	3.22for the purposes of use at a terminal or oil refinery until January 1, 2026.
	85	+	3.23 Subd. 2.Extension; waiver.(a) A person who operates a terminal or oil refinery may
	86	+	3.24apply to the state fire marshal for a waiver to extend the exemption under subdivision 1,
	87	+	3.25beyond January 1, 2026, as provided in this subdivision.
	88	+	3.26 (b) The state fire marshal may grant a waiver to extend the exemption under subdivision
	89	+	3.271 for a specific use if the applicant provides all of the following:
	90	+	3.28 (1) clear and convincing evidence that there is no commercially available replacement
	91	+	3.29that does not contain intentionally added PFAS chemicals and that is capable of suppressing
	92	+	3.30fire for that specific use;
94	93		3Sec. 4.
95		-	REVISOR CKM H0742-3HF742 THIRD ENGROSSMENT 4.1 (1) clear and convincing evidence that there is no commercially available replacement
96		-	4.2that does not contain intentionally added PFAS chemicals and that is capable of suppressing
97		-	4.3fire for that specific use;
98		-	4.4 (2) information on the amount of firefighting foam containing intentionally added PFAS
99		-	4.5chemicals stored, used, or released on-site on an annual basis;
100		-	4.6 (3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to
101		-	4.7transition to firefighting foam that does not contain intentionally added PFAS chemicals
102		-	4.8for that specific use; and
103		-	4.9 (4) a plan for meeting the requirements under subdivision 3.
104		-	4.10 (c) The state fire marshal must ensure there is an opportunity for public comment during
105		-	4.11the waiver process. The state fire marshal must consider both information provided by the
106		-	4.12applicant and information provided through public comment when making a decision on
107		-	4.13whether to grant a waiver. The term of a waiver must not exceed two years. The state fire
108		-	4.14marshal must not grant a waiver for a specific use if any other terminal or oil refinery is
109		-	4.15known to have transitioned to commercially available class B firefighting foam that does
110		-	4.16not contain intentionally added PFAS chemicals for that specific use. All waivers must
111		-	4.17expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or
112		-	4.18oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in
113		-	4.19order to be considered for a waiver beyond January 1, 2026. The state fire marshal must
114		-	4.20notify the waiver applicant of a decision within six months of the waiver submission date.
115		-	4.21 (d) The state fire marshal must provide an applicant for a waiver under this subdivision
116		-	4.22an opportunity to:
117		-	4.23 (1) correct deficiencies when applying for a waiver; and
118		-	4.24 (2) provide evidence to dispute a determination that another terminal or oil refinery is
119		-	4.25known to have transitioned to commercially available class B firefighting foam that does
120		-	4.26not contain intentionally added PFAS chemicals for that specific use, including evidence
121		-	4.27that the specific use is different.
122		-	4.28 Subd. 3.Use requirements.(a) A person that uses class B firefighting foam containing
123		-	4.29intentionally added PFAS chemicals under this section must:
124		-	4.30 (1) implement tactics that have been demonstrated to prevent release directly to the
125		-	4.31environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
126		-	4.32 (2) attempt to fully contain all fire foams with PFAS on-site using demonstrated practices
127		-	4.33designed to contain all PFAS releases;
	94	+	REVISOR CKM H0742-2HF742 SECOND ENGROSSMENT 4.1 (2) information on the amount of firefighting foam containing intentionally added PFAS
	95	+	4.2chemicals stored, used, or released on-site on an annual basis;
	96	+	4.3 (3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to
	97	+	4.4transition to firefighting foam that does not contain intentionally added PFAS chemicals
	98	+	4.5for that specific use; and
	99	+	4.6 (4) a plan for meeting the requirements under subdivision 3.
	100	+	4.7 (c) The state fire marshal must ensure there is an opportunity for public comment during
	101	+	4.8the waiver process. The state fire marshal must consider both information provided by the
	102	+	4.9applicant and information provided through public comment when making a decision on
	103	+	4.10whether to grant a waiver. The term of a waiver must not exceed two years. The state fire
	104	+	4.11marshal must not grant a waiver for a specific use if any other terminal or oil refinery is
	105	+	4.12known to have transitioned to commercially available class B firefighting foam that does
	106	+	4.13not contain intentionally added PFAS chemicals for that specific use. All waivers must
	107	+	4.14expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or
	108	+	4.15oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in
	109	+	4.16order to be considered for a waiver beyond January 1, 2026. The state fire marshal must
	110	+	4.17notify the waiver applicant of a decision within six months of the waiver submission date.
	111	+	4.18 (d) The state fire marshal must provide an applicant for a waiver under this subdivision
	112	+	4.19an opportunity to:
	113	+	4.20 (1) correct deficiencies when applying for a waiver; and
	114	+	4.21 (2) provide evidence to dispute a determination that another terminal or oil refinery is
	115	+	4.22known to have transitioned to commercially available class B firefighting foam that does
	116	+	4.23not contain intentionally added PFAS chemicals for that specific use, including evidence
	117	+	4.24that the specific use is different.
	118	+	4.25 Subd. 3.Use requirements.(a) A person that uses class B firefighting foam containing
	119	+	4.26intentionally added PFAS chemicals under this section must:
	120	+	4.27 (1) implement tactics that have been demonstrated to prevent release directly to the
	121	+	4.28environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
	122	+	4.29 (2) attempt to fully contain all fire foams with PFAS on-site using demonstrated practices
	123	+	4.30designed to contain all PFAS releases;
	124	+	4.31 (3) implement containment measures such as bunds and ponds that are controlled,
	125	+	4.32impervious to PFAS chemicals, and do not allow firewater, wastewater, runoff, and other
128	126		4Sec. 4.
129		-	REVISOR CKM H0742-3HF742 THIRD ENGROSSMENT 5.1 (3) implement containment measures such as bunds and ponds that are controlled,
130		-	5.2impervious to PFAS chemicals, and do not allow firewater, wastewater, runoff, and other
131		-	5.3wastes to be released to the environment, such as to soils, groundwater, waterways, or
132		-	5.4stormwater; and
133		-	5.5 (4) dispose of all firewater, wastewater, runoff, impacted soils, and other wastes in a
134		-	5.6way that prevents releases to the environment.
135		-	5.7 (b) A terminal or oil refinery that has received a waiver under this section may provide
136		-	5.8and use class B firefighting foam containing intentionally added PFAS chemicals in the
137		-	5.9form of mutual aid to another terminal or oil refinery at the request of authorities only if
138		-	5.10the other terminal or oil refinery also has a waiver.
139		-	5.11 EFFECTIVE DATE.This section is effective January 1, 2024.
140		-	5.12 Sec. 5. FIREFIGHTER TURNOUT GEAR; REPORT.
141		-	5.13 (a) The commissioner of the Pollution Control Agency, in cooperation with the
142		-	5.14commissioner of health, must submit a report to the chairs and ranking minority members
143		-	5.15of the legislative committees and divisions with jurisdiction over environment and natural
144		-	5.16resources regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in turnout gear
145		-	5.17by January 15, 2024. The report must include:
146		-	5.18 (1) current turnout gear requirements and options for eliminating or reducing PFAS in
147		-	5.19turnout gear;
148		-	5.20 (2) current turnout gear disposal methods and recommendations for future disposal to
149		-	5.21prevent PFAS contamination; and
150		-	5.22 (3) recommendations and protocols for PFAS biomonitoring in firefighters, including
151		-	5.23a process for allowing firefighters to voluntarily register for biomonitoring.
152		-	5.24 (b) For the purposes of this section, "turnout gear" is the personal protective equipment
153		-	5.25(PPE) used by firefighters.
154		-	5.26 Sec. 6. APPROPRIATION; BIOMONITORING.
155		-	5.27 $500,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
156		-	5.28of the Pollution Control Agency for developing and implementing firefighter biomonitoring
157		-	5.29protocols under section 5. Of this amount, up to $250,000 may be transferred to the
158		-	5.30commissioner of health for biomonitoring of firefighters. This is a onetime appropriation
159		-	5.31and is available until June 30, 2025.
	127	+	REVISOR CKM H0742-2HF742 SECOND ENGROSSMENT 5.1wastes to be released to the environment, such as to soils, groundwater, waterways, or
	128	+	5.2stormwater; and
	129	+	5.3 (4) dispose of all firewater, wastewater, runoff, impacted soils, and other wastes in a
	130	+	5.4way that prevents releases to the environment.
	131	+	5.5 (b) A terminal or oil refinery that has received a waiver under this section may provide
	132	+	5.6and use class B firefighting foam containing intentionally added PFAS chemicals in the
	133	+	5.7form of mutual aid to another terminal or oil refinery at the request of authorities only if
	134	+	5.8the other terminal or oil refinery also has a waiver.
	135	+	5.9 EFFECTIVE DATE.This section is effective January 1, 2024.
	136	+	5.10 Sec. 5. FIREFIGHTER TURNOUT GEAR; REPORT.
	137	+	5.11 (a) The commissioner of the Pollution Control Agency, in cooperation with the
	138	+	5.12commissioner of health, must submit a report to the chairs and ranking minority members
	139	+	5.13of the legislative committees and divisions with jurisdiction over environment and natural
	140	+	5.14resources regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in turnout gear
	141	+	5.15by January 15, 2024. The report must include:
	142	+	5.16 (1) current turnout gear requirements and options for eliminating or reducing PFAS in
	143	+	5.17turnout gear;
	144	+	5.18 (2) current turnout gear disposal methods and recommendations for future disposal to
	145	+	5.19prevent PFAS contamination; and
	146	+	5.20 (3) recommendations and protocols for PFAS biomonitoring in firefighters, including
	147	+	5.21a process for allowing firefighters to voluntarily register for biomonitoring.
	148	+	5.22 (b) For the purposes of this section, "turnout gear" is the personal protective equipment
	149	+	5.23(PPE) used by firefighters.
	150	+	5.24 Sec. 6. APPROPRIATION; BIOMONITORING.
	151	+	5.25 $500,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
	152	+	5.26of the Pollution Control Agency for developing and implementing firefighter biomonitoring
	153	+	5.27protocols under section 5. Of this amount, up to $250,000 may be transferred to the
	154	+	5.28commissioner of health for biomonitoring of firefighters. This is a onetime appropriation
	155	+	5.29and is available until June 30, 2025.
160	156		5Sec. 6.
161		-	REVISOR CKM H0742-3HF742 ~~THIRD~~ ENGROSSMENT
	157	+	REVISOR CKM H0742-2HF742 SECOND ENGROSSMENT