HF 742

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 04:17pm

A bill for an act
relating to environment; prohibiting the use of certain firefighting foam; allowing
certain exemptions; requiring a report; appropriating money; amending Minnesota
Statutes 2022, section 325F.072, subdivisions 1, 3, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 325F.072, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given.

(b) "Class B firefighting foam" means foam designed deleted text begin for flammable liquid fires deleted text end new text begin to
prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases,
tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases new text end .

(c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" means deleted text begin , for
the purposes of firefighting agents, deleted text end a class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom deleted text begin and designed to be fully functional in class B
firefighting foam formulations deleted text end .

(d) "Political subdivision" means a county, city, town, or a metropolitan airports
commission organized and existing under sections 473.601 to 473.679.

(e) "State agency" means an agency as defined in section 16B.01, subdivision 2.

(f) "Testing" means calibration testing, conformance testing, and fixed system testing.

Sec. 2.

Minnesota Statutes 2022, section 325F.072, subdivision 3, is amended to read:

Subd. 3.

Prohibition deleted text begin of testing and training deleted text end .

(a) deleted text begin Beginning July 1, 2020, deleted text end No person,
political subdivision, or state agency shall deleted text begin discharge class B firefighting foam that contains
intentionally added deleted text end new text begin manufacture or knowingly sell, offer for sale, distribute for sale, or
distribute for use in this state, and no person shall use in this state, class B firefighting foam
containing new text end PFAS chemicals deleted text begin : deleted text end new text begin .
new text end

deleted text begin (1) for testing purposes, unless the testing facility has implemented appropriate
containment, treatment, and disposal measures to prevent releases of foam to the environment;
or
deleted text end

deleted text begin (2) for training purposes, unless otherwise required by law, and with the condition that
the training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment. For training purposes, class B foam that
contains intentionally added PFAS chemicals shall not be used.
deleted text end

deleted text begin (b) This section does not restrict:
deleted text end

deleted text begin (1) the manufacture, sale, or distribution of class B firefighting foam that contains
intentionally added PFAS chemicals; or
deleted text end

deleted text begin (2) the discharge or other use of class B firefighting foams that contain intentionally
added PFAS chemicals in emergency firefighting or fire prevention operations.
deleted text end

new text begin (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for which the inclusion of PFAS chemicals is required by federal law,
including but not limited to Code of Federal Regulations, title 14, section 139.317. If a
federal requirement to include PFAS chemicals in class B firefighting foam is revoked after
January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer
exempt under this paragraph effective one year after the day of revocation.
new text end

new text begin (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for purposes of use at an airport, as defined under section 360.013,
subdivision 39, until the state fire marshal makes a determination that:
new text end

new text begin (1) the Federal Aviation Administration has provided policy guidance on the transition
to fluorine-free firefighting foam;
new text end

new text begin (2) a fluorine-free firefighting foam product is included in the Federal Aviation
Administration's Qualified Product Database; and
new text end

new text begin (3) firefighting foam product included in the database under clause (2) is commercially
available in quantities sufficient to reliably meet the requirements under Code of Federal
Regulations, title 14, section 139.
new text end

new text begin (d) Until the state fire marshal makes a determination under paragraph (c), the operator
of an airport using class B firefighting foam containing PFAS chemicals must, on or before
December 31 of each calendar year, submit a report to the state fire marshal regarding the
status of the airport's conversion to class B firefighting foam products without intentionally
added PFAS, the disposal of class B firefighting foam products with intentionally added
PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 325F.072, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Discharge for testing and training. new text end

new text begin A person, political subdivision, or state
agency exempted from the prohibitions under subdivision 3 may not discharge class B
firefighting foam that contains intentionally added PFAS chemicals for:
new text end

new text begin (1) testing purposes, unless the testing facility has implemented appropriate containment,
treatment, and disposal measures to prevent releases of foam to the environment; or
new text end

new text begin (2) training purposes, unless otherwise required by law, and with the condition that the
training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 4. new text begin TEMPORARY EXEMPTION FOR TERMINALS AND OIL REFINERIES.
new text end

new text begin Subdivision 1. new text end

new text begin Temporary exemption. new text end

new text begin Minnesota Statutes, section 325F.072, subdivision
3, does not apply to the manufacture, sale, distribution, or use of class B firefighting foam
for the purposes of use at a terminal or oil refinery until January 1, 2026.
new text end

new text begin Subd. 2. new text end

new text begin Extension; waiver. new text end

new text begin (a) A person who operates a terminal or oil refinery may
apply to the state fire marshal for a waiver to extend the exemption under subdivision 1,
beyond January 1, 2026, as provided in this subdivision.
new text end

new text begin (b) The state fire marshal may grant a waiver to extend the exemption under subdivision
1 for a specific use if the applicant provides all of the following:
new text end

new text begin (1) clear and convincing evidence that there is no commercially available replacement
that does not contain intentionally added PFAS chemicals and that is capable of suppressing
fire for that specific use;
new text end

new text begin (2) information on the amount of firefighting foam containing intentionally added PFAS
chemicals stored, used, or released on-site on an annual basis;
new text end

new text begin (3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to
transition to firefighting foam that does not contain intentionally added PFAS chemicals
for that specific use; and
new text end

new text begin (4) a plan for meeting the requirements under subdivision 3.
new text end

new text begin (c) The state fire marshal must ensure there is an opportunity for public comment during
the waiver process. The state fire marshal must consider both information provided by the
applicant and information provided through public comment when making a decision on
whether to grant a waiver. The term of a waiver must not exceed two years. The state fire
marshal must not grant a waiver for a specific use if any other terminal or oil refinery is
known to have transitioned to commercially available class B firefighting foam that does
not contain intentionally added PFAS chemicals for that specific use. All waivers must
expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or
oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in
order to be considered for a waiver beyond January 1, 2026. The state fire marshal must
notify the waiver applicant of a decision within six months of the waiver submission date.
new text end

new text begin (d) The state fire marshal must provide an applicant for a waiver under this subdivision
an opportunity to:
new text end

new text begin (1) correct deficiencies when applying for a waiver; and
new text end

new text begin (2) provide evidence to dispute a determination that another terminal or oil refinery is
known to have transitioned to commercially available class B firefighting foam that does
not contain intentionally added PFAS chemicals for that specific use, including evidence
that the specific use is different.
new text end

new text begin Subd. 3. new text end

new text begin Use requirements. new text end

new text begin (a) A person that uses class B firefighting foam containing
intentionally added PFAS chemicals under this section must:
new text end

new text begin (1) implement tactics that have been demonstrated to prevent release directly to the
environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
new text end

new text begin (2) attempt to fully contain all fire foams with PFAS on-site using demonstrated practices
designed to contain all PFAS releases;
new text end

new text begin (3) implement containment measures such as bunds and ponds that are controlled,
impervious to PFAS chemicals, and do not allow firewater, wastewater, runoff, and other
wastes to be released to the environment, such as to soils, groundwater, waterways, or
stormwater; and
new text end

new text begin (4) dispose of all firewater, wastewater, runoff, impacted soils, and other wastes in a
way that prevents releases to the environment.
new text end

new text begin (b) A terminal or oil refinery that has received a waiver under this section may provide
and use class B firefighting foam containing intentionally added PFAS chemicals in the
form of mutual aid to another terminal or oil refinery at the request of authorities only if
the other terminal or oil refinery also has a waiver.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 5. new text begin FIREFIGHTER TURNOUT GEAR; REPORT.
new text end

new text begin (a) The commissioner of the Pollution Control Agency, in cooperation with the
commissioner of health, must submit a report to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment and natural
resources regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in turnout gear
by January 15, 2024. The report must include:
new text end

new text begin (1) current turnout gear requirements and options for eliminating or reducing PFAS in
turnout gear;
new text end

new text begin (2) current turnout gear disposal methods and recommendations for future disposal to
prevent PFAS contamination; and
new text end

new text begin (3) recommendations and protocols for PFAS biomonitoring in firefighters, including
a process for allowing firefighters to voluntarily register for biomonitoring.
new text end

new text begin (b) For the purposes of this section, "turnout gear" is the personal protective equipment
(PPE) used by firefighters.
new text end

Sec. 6. new text begin APPROPRIATION; BIOMONITORING.
new text end

new text begin $500,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
of the Pollution Control Agency for developing and implementing firefighter biomonitoring
protocols under section 5. Of this amount, up to $250,000 may be transferred to the
commissioner of health for biomonitoring of firefighters. This is a onetime appropriation
and is available until June 30, 2025.
new text end