SF 2408

Introduction - 94th Legislature (2025 - 2026)

Posted on 08/14/2025 01:50 p.m.

A bill for an act
relating to environment; delaying prohibitions of certain PFAS-containing
firefighting foam at airport hangars; amending Minnesota Statutes 2024, section
325F.072, subdivision 3.

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

Section 1.

Minnesota Statutes 2024, section 325F.072, subdivision 3, is amended to read:

Subd. 3.

Prohibition.

(a) No person, political subdivision, or state agency shall
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 PFAS
chemicals.

(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.

(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:

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

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

(3) a 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, part 139.

(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 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 begin (e) Until January 1, 2028, this subdivision does not apply to the manufacture, sale,
distribution, or use of class B firefighting foam for purposes of use at an airport hangar.
new text end

new text begin (f) The operator of an airport hangar may apply for a one-year extension from the date
provided under paragraph (e) by demonstrating that there is a need for additional time due
to circumstances beyond the control of the operator. An extension under this paragraph
must be approved by the commissioner of the Pollution Control Agency and the state fire
marshal. When approving an extension under this paragraph, the commissioner of the
Pollution Control Agency must determine that the environment will be protected and the
state fire marshal must determine that public safety will be protected.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end