| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to environment; delaying prohibitions of certain PFAS-containing |
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| 3 | 3 | | 1.3 firefighting foam at airport hangars; amending Minnesota Statutes 2024, section |
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| 4 | 4 | | 1.4 325F.072, subdivision 3. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 325F.072, subdivision 3, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 3.Prohibition.(a) No person, political subdivision, or state agency shall |
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| 8 | 8 | | 1.8manufacture or knowingly sell, offer for sale, distribute for sale, or distribute for use in this |
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| 9 | 9 | | 1.9state, and no person shall use in this state, class B firefighting foam containing PFAS |
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| 10 | 10 | | 1.10chemicals. |
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| 11 | 11 | | 1.11 (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class |
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| 12 | 12 | | 1.12B firefighting foam for which the inclusion of PFAS chemicals is required by federal law, |
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| 13 | 13 | | 1.13including but not limited to Code of Federal Regulations, title 14, section 139.317. If a |
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| 14 | 14 | | 1.14federal requirement to include PFAS chemicals in class B firefighting foam is revoked after |
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| 15 | 15 | | 1.15January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer |
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| 16 | 16 | | 1.16exempt under this paragraph effective one year after the day of revocation. |
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| 17 | 17 | | 1.17 (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class |
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| 18 | 18 | | 1.18B firefighting foam for purposes of use at an airport, as defined under section 360.013, |
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| 19 | 19 | | 1.19subdivision 39, until the state fire marshal makes a determination that: |
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| 20 | 20 | | 1.20 (1) the Federal Aviation Administration has provided policy guidance on the transition |
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| 21 | 21 | | 1.21to fluorine-free firefighting foam; |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-04354 as introduced02/25/25 REVISOR CKM/AD |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 2408NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: EICHORN, Draheim, Drazkowski, Wesenberg and Anderson) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading03/13/2025 |
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| 30 | 30 | | Referred to Environment, Climate, and Legacy 2.1 (2) a fluorine-free firefighting foam product is included in the Federal Aviation |
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| 31 | 31 | | 2.2Administration's Qualified Product Database; and |
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| 32 | 32 | | 2.3 (3) a firefighting foam product included in the database under clause (2) is commercially |
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| 33 | 33 | | 2.4available in quantities sufficient to reliably meet the requirements under Code of Federal |
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| 34 | 34 | | 2.5Regulations, title 14, part 139. |
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| 35 | 35 | | 2.6 (d) Until the state fire marshal makes a determination under paragraph (c), the operator |
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| 36 | 36 | | 2.7of an airport using class B firefighting foam containing PFAS chemicals must, on or before |
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| 37 | 37 | | 2.8December 31 each calendar year, submit a report to the state fire marshal regarding the |
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| 38 | 38 | | 2.9status of the airport's conversion to class B firefighting foam products without intentionally |
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| 39 | 39 | | 2.10added PFAS, the disposal of class B firefighting foam products with intentionally added |
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| 40 | 40 | | 2.11PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport. |
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| 41 | 41 | | 2.12 (e) Until January 1, 2028, this subdivision does not apply to the manufacture, sale, |
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| 42 | 42 | | 2.13distribution, or use of class B firefighting foam for purposes of use at an airport hangar. |
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| 43 | 43 | | 2.14 (f) The operator of an airport hangar may apply for a one-year extension from the date |
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| 44 | 44 | | 2.15provided under paragraph (e) by demonstrating that there is a need for additional time due |
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| 45 | 45 | | 2.16to circumstances beyond the control of the operator. An extension under this paragraph |
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| 46 | 46 | | 2.17must be approved by the commissioner of the Pollution Control Agency and the state fire |
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| 47 | 47 | | 2.18marshal. When approving an extension under this paragraph, the commissioner of the |
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| 48 | 48 | | 2.19Pollution Control Agency must determine that the environment will be protected and the |
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| 49 | 49 | | 2.20state fire marshal must determine that public safety will be protected. |
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| 50 | 50 | | 2.21 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 51 | 51 | | 2Section 1. |
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| 52 | 52 | | 25-04354 as introduced02/25/25 REVISOR CKM/AD |
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