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, by adding a subdivision.
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 H0742-3HF742 THIRD 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
Adoption of Report: Amended and re-referred to the Committee on Commerce Finance and Policy03/13/2023
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:
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;
2.30 (2) a fluorine-free firefighting foam product is included in the Federal Aviation
2.31Administration's Qualified Product Database; and
2Sec. 2.
REVISOR CKM H0742-3HF742 THIRD ENGROSSMENT 3.1 (3) firefighting foam product included in the database under clause (2) is commercially
3.2available in quantities sufficient to reliably meet the requirements under Code of Federal
3.3Regulations, title 14, section 139.
3.4 (d) Until the state fire marshal makes a determination under paragraph (c), the operator
3.5of an airport using class B firefighting foam containing PFAS chemicals must, on or before
3.6December 31 of each calendar year, submit a report to the state fire marshal regarding the
3.7status of the airport's conversion to class B firefighting foam products without intentionally
3.8added PFAS, the disposal of class B firefighting foam products with intentionally added
3.9PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.
3.10 EFFECTIVE DATE.This section is effective January 1, 2024.
3.11 Sec. 3. Minnesota Statutes 2022, section 325F.072, is amended by adding a subdivision
3.12to read:
3.13 Subd. 3a.Discharge for testing and training.A person, political subdivision, or state
3.14agency exempted from the prohibitions under subdivision 3 may not discharge class B
3.15firefighting foam that contains intentionally added PFAS chemicals for:
3.16 (1) testing purposes, unless the testing facility has implemented appropriate containment,
3.17treatment, and disposal measures to prevent releases of foam to the environment; or
3.18 (2) training purposes, unless otherwise required by law, and with the condition that the
3.19training event has implemented appropriate containment, treatment, and disposal measures
3.20to prevent releases of foam to the environment.
3.21 EFFECTIVE DATE.This section is effective January 1, 2024.
3.22 Sec. 4. TEMPORARY EXEMPTION FOR TERMINALS AND OIL REFINERIES.
3.23 Subdivision 1.Temporary exemption.Minnesota Statutes, section 325F.072, subdivision
3.243, does not apply to the manufacture, sale, distribution, or use of class B firefighting foam
3.25for the purposes of use at a terminal or oil refinery until January 1, 2026.
3.26 Subd. 2.Extension; waiver.(a) A person who operates a terminal or oil refinery may
3.27apply to the state fire marshal for a waiver to extend the exemption under subdivision 1,
3.28beyond January 1, 2026, as provided in this subdivision.
3.29 (b) The state fire marshal may grant a waiver to extend the exemption under subdivision
3.301 for a specific use if the applicant provides all of the following:
3Sec. 4.
REVISOR CKM H0742-3HF742 THIRD ENGROSSMENT 4.1 (1) clear and convincing evidence that there is no commercially available replacement
4.2that does not contain intentionally added PFAS chemicals and that is capable of suppressing
4.3fire for that specific use;
4.4 (2) information on the amount of firefighting foam containing intentionally added PFAS
4.5chemicals stored, used, or released on-site on an annual basis;
4.6 (3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to
4.7transition to firefighting foam that does not contain intentionally added PFAS chemicals
4.8for that specific use; and
4.9 (4) a plan for meeting the requirements under subdivision 3.
4.10 (c) The state fire marshal must ensure there is an opportunity for public comment during
4.11the waiver process. The state fire marshal must consider both information provided by the
4.12applicant and information provided through public comment when making a decision on
4.13whether to grant a waiver. The term of a waiver must not exceed two years. The state fire
4.14marshal must not grant a waiver for a specific use if any other terminal or oil refinery is
4.15known to have transitioned to commercially available class B firefighting foam that does
4.16not contain intentionally added PFAS chemicals for that specific use. All waivers must
4.17expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or
4.18oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in
4.19order to be considered for a waiver beyond January 1, 2026. The state fire marshal must
4.20notify the waiver applicant of a decision within six months of the waiver submission date.
4.21 (d) The state fire marshal must provide an applicant for a waiver under this subdivision
4.22an opportunity to:
4.23 (1) correct deficiencies when applying for a waiver; and
4.24 (2) provide evidence to dispute a determination that another terminal or oil refinery is
4.25known to have transitioned to commercially available class B firefighting foam that does
4.26not contain intentionally added PFAS chemicals for that specific use, including evidence
4.27that the specific use is different.
4.28 Subd. 3.Use requirements.(a) A person that uses class B firefighting foam containing
4.29intentionally added PFAS chemicals under this section must:
4.30 (1) implement tactics that have been demonstrated to prevent release directly to the
4.31environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
4.32 (2) attempt to fully contain all fire foams with PFAS on-site using demonstrated practices
4.33designed to contain all PFAS releases;
4Sec. 4.
REVISOR CKM H0742-3HF742 THIRD ENGROSSMENT 5.1 (3) implement containment measures such as bunds and ponds that are controlled,
5.2impervious to PFAS chemicals, and do not allow firewater, wastewater, runoff, and other
5.3wastes to be released to the environment, such as to soils, groundwater, waterways, or
5.4stormwater; and
5.5 (4) dispose of all firewater, wastewater, runoff, impacted soils, and other wastes in a
5.6way that prevents releases to the environment.
5.7 (b) A terminal or oil refinery that has received a waiver under this section may provide
5.8and use class B firefighting foam containing intentionally added PFAS chemicals in the
5.9form of mutual aid to another terminal or oil refinery at the request of authorities only if
5.10the other terminal or oil refinery also has a waiver.
5.11 EFFECTIVE DATE.This section is effective January 1, 2024.
5.12 Sec. 5. FIREFIGHTER TURNOUT GEAR; REPORT.
5.13 (a) The commissioner of the Pollution Control Agency, in cooperation with the
5.14commissioner of health, must submit a report to the chairs and ranking minority members
5.15of the legislative committees and divisions with jurisdiction over environment and natural
5.16resources regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in turnout gear
5.17by January 15, 2024. The report must include:
5.18 (1) current turnout gear requirements and options for eliminating or reducing PFAS in
5.19turnout gear;
5.20 (2) current turnout gear disposal methods and recommendations for future disposal to
5.21prevent PFAS contamination; and
5.22 (3) recommendations and protocols for PFAS biomonitoring in firefighters, including
5.23a process for allowing firefighters to voluntarily register for biomonitoring.
5.24 (b) For the purposes of this section, "turnout gear" is the personal protective equipment
5.25(PPE) used by firefighters.
5.26 Sec. 6. APPROPRIATION; BIOMONITORING.
5.27 $500,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
5.28of the Pollution Control Agency for developing and implementing firefighter biomonitoring
5.29protocols under section 5. Of this amount, up to $250,000 may be transferred to the
5.30commissioner of health for biomonitoring of firefighters. This is a onetime appropriation
5.31and is available until June 30, 2025.
5Sec. 6.
REVISOR CKM H0742-3HF742 THIRD ENGROSSMENT