| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to environment; exempting electronic and internal components from certain |
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| 3 | 3 | | 1.3 PFAS prohibitions; delaying prohibitions on certain lead-containing products; |
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| 4 | 4 | | 1.4 delaying prohibitions of certain PFAS-containing firefighting foam at airport |
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| 5 | 5 | | 1.5 hangars; amending Minnesota Statutes 2024, sections 116.943, subdivision 8; |
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| 6 | 6 | | 1.6 325E.3892, subdivision 2; 325F.072, subdivision 3. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 116.943, subdivision 8, is amended to read: |
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| 9 | 9 | | 1.9 Subd. 8.Exemptions.(a) This section does not apply to: |
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| 10 | 10 | | 1.10 (1) a product for which federal law governs the presence of PFAS in the product in a |
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| 11 | 11 | | 1.11manner that preempts state authority; |
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| 12 | 12 | | 1.12 (2) a product regulated under section 325F.072 or 325F.075; or |
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| 13 | 13 | | 1.13 (3) the sale or resale of a used product. |
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| 14 | 14 | | 1.14 (b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product |
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| 15 | 15 | | 1.15that is a medical device or drug or that is otherwise used in a medical setting or in medical |
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| 16 | 16 | | 1.16applications regulated by the United States Food and Drug Administration. |
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| 17 | 17 | | 1.17 (c) An electronic or internal component of a product is exempt from the prohibitions |
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| 18 | 18 | | 1.18under subdivision 5 until January 1, 2032. |
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| 19 | 19 | | 1.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 20 | 20 | | 1Section 1. |
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| 21 | 21 | | 25-04352 as introduced02/27/25 REVISOR CKM/KR |
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| 22 | 22 | | SENATE |
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| 23 | 23 | | STATE OF MINNESOTA |
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| 24 | 24 | | S.F. No. 2410NINETY-FOURTH SESSION |
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| 25 | 25 | | (SENATE AUTHORS: EICHORN, Draheim, Drazkowski, Wesenberg and Anderson) |
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| 26 | 26 | | OFFICIAL STATUSD-PGDATE |
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| 27 | 27 | | Introduction and first reading03/13/2025 |
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| 28 | 28 | | Referred to Environment, Climate, and Legacy 2.1 Sec. 2. Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read: |
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| 29 | 29 | | 2.2 Subd. 2.Prohibition.(a) A person must not import, manufacture, sell, hold for sale, or |
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| 30 | 30 | | 2.3distribute or offer for use in this state any covered product containing: |
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| 31 | 31 | | 2.4 (1) lead at more than 0.009 percent by total weight (90 parts per million); or |
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| 32 | 32 | | 2.5 (2) cadmium at more than 0.0075 percent by total weight (75 parts per million). |
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| 33 | 33 | | 2.6 (b) This section does not apply to covered products containing lead or cadmium, or both, |
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| 34 | 34 | | 2.7when regulation is preempted by federal law. |
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| 35 | 35 | | 2.8 (c) Until January 1, 2028, this section does not apply to a product containing an internal |
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| 36 | 36 | | 2.9circuit board with lead solder or to a pen that contains lead. |
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| 37 | 37 | | 2.10 (d) A manufacturer of a key fob or pen exempted under paragraph (c) must submit a |
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| 38 | 38 | | 2.11report every six months to the commissioner of the Pollution Control Agency that details |
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| 39 | 39 | | 2.12the: |
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| 40 | 40 | | 2.13 (1) barriers to complying with the prohibition under this subdivision; |
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| 41 | 41 | | 2.14 (2) progress made toward achieving compliance; and |
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| 42 | 42 | | 2.15 (3) most recent timeline for achieving compliance. |
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| 43 | 43 | | 2.16 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 44 | 44 | | 2.17 Sec. 3. Minnesota Statutes 2024, section 325F.072, subdivision 3, is amended to read: |
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| 45 | 45 | | 2.18 Subd. 3.Prohibition.(a) No person, political subdivision, or state agency shall |
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| 46 | 46 | | 2.19manufacture or knowingly sell, offer for sale, distribute for sale, or distribute for use in this |
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| 47 | 47 | | 2.20state, and no person shall use in this state, class B firefighting foam containing PFAS |
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| 48 | 48 | | 2.21chemicals. |
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| 49 | 49 | | 2.22 (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class |
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| 50 | 50 | | 2.23B firefighting foam for which the inclusion of PFAS chemicals is required by federal law, |
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| 51 | 51 | | 2.24including but not limited to Code of Federal Regulations, title 14, section 139.317. If a |
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| 52 | 52 | | 2.25federal requirement to include PFAS chemicals in class B firefighting foam is revoked after |
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| 53 | 53 | | 2.26January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer |
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| 54 | 54 | | 2.27exempt under this paragraph effective one year after the day of revocation. |
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| 55 | 55 | | 2.28 (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class |
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| 56 | 56 | | 2.29B firefighting foam for purposes of use at an airport, as defined under section 360.013, |
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| 57 | 57 | | 2.30subdivision 39, until the state fire marshal makes a determination that: |
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| 58 | 58 | | 2Sec. 3. |
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| 59 | 59 | | 25-04352 as introduced02/27/25 REVISOR CKM/KR 3.1 (1) the Federal Aviation Administration has provided policy guidance on the transition |
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| 60 | 60 | | 3.2to fluorine-free firefighting foam; |
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| 61 | 61 | | 3.3 (2) a fluorine-free firefighting foam product is included in the Federal Aviation |
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| 62 | 62 | | 3.4Administration's Qualified Product Database; and |
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| 63 | 63 | | 3.5 (3) a firefighting foam product included in the database under clause (2) is commercially |
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| 64 | 64 | | 3.6available in quantities sufficient to reliably meet the requirements under Code of Federal |
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| 65 | 65 | | 3.7Regulations, title 14, part 139. |
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| 66 | 66 | | 3.8 (d) Until the state fire marshal makes a determination under paragraph (c), the operator |
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| 67 | 67 | | 3.9of an airport using class B firefighting foam containing PFAS chemicals must, on or before |
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| 68 | 68 | | 3.10December 31 each calendar year, submit a report to the state fire marshal regarding the |
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| 69 | 69 | | 3.11status of the airport's conversion to class B firefighting foam products without intentionally |
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| 70 | 70 | | 3.12added PFAS, the disposal of class B firefighting foam products with intentionally added |
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| 71 | 71 | | 3.13PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport. |
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| 72 | 72 | | 3.14 (e) Until January 1, 2028, this subdivision does not apply to the manufacture, sale, |
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| 73 | 73 | | 3.15distribution, or use of class B firefighting foam for purposes of use at an airport hangar. |
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| 74 | 74 | | 3.16 (f) The operator of an airport hangar may apply for a one-year extension from the date |
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| 75 | 75 | | 3.17provided under paragraph (e) by demonstrating that there is a need for additional time due |
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| 76 | 76 | | 3.18to circumstances beyond the control of the operator. An extension under this paragraph |
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| 77 | 77 | | 3.19must be approved by the commissioner of the Pollution Control Agency and the state fire |
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| 78 | 78 | | 3.20marshal. When approving an extension under this paragraph, the commissioner of the |
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| 79 | 79 | | 3.21Pollution Control Agency must determine that the environment will be protected and the |
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| 80 | 80 | | 3.22state fire marshal must determine that public safety will be protected. |
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| 81 | 81 | | 3.23 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 82 | 82 | | 3Sec. 3. |
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| 83 | 83 | | 25-04352 as introduced02/27/25 REVISOR CKM/KR |
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