SF 2410

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/14/2025 09:23 a.m.

A bill for an act
relating to environment; exempting electronic and internal components from certain
PFAS prohibitions; delaying prohibitions on certain lead-containing products;
delaying prohibitions of certain PFAS-containing firefighting foam at airport
hangars; amending Minnesota Statutes 2024, sections 116.943, subdivision 8;
325E.3892, subdivision 2; 325F.072, subdivision 3.

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

Section 1.

Minnesota Statutes 2024, section 116.943, subdivision 8, is amended to read:

Subd. 8.

Exemptions.

(a) This section does not apply to:

(1) a product for which federal law governs the presence of PFAS in the product in a
manner that preempts state authority;

(2) a product regulated under section 325F.072 or 325F.075; or

(3) the sale or resale of a used product.

(b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product
that is a medical device or drug or that is otherwise used in a medical setting or in medical
applications regulated by the United States Food and Drug Administration.

new text begin (c) An electronic or internal component of a product is exempt from the prohibitions
under subdivision 5 until January 1, 2032.
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

Sec. 2.

Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read:

Subd. 2.

Prohibition.

(a) A person must not import, manufacture, sell, hold for sale, or
distribute or offer for use in this state any covered product containing:

(1) lead at more than 0.009 percent by total weight (90 parts per million); or

(2) cadmium at more than 0.0075 percent by total weight (75 parts per million).

(b) This section does not apply to covered products containing lead or cadmium, or both,
when regulation is preempted by federal law.

new text begin (c) Until January 1, 2028, this section does not apply to a product containing an internal
circuit board with lead solder or to a pen that contains lead.
new text end

new text begin (d) A manufacturer of a key fob or pen exempted under paragraph (c) must submit a
report every six months to the commissioner of the Pollution Control Agency that details
the:
new text end

new text begin (1) barriers to complying with the prohibition under this subdivision;
new text end

new text begin (2) progress made toward achieving compliance; and
new text end

new text begin (3) most recent timeline for achieving compliance.
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

Sec. 3.

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