SF 4207

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/10/2026 09:17 a.m.

A bill for an act
relating to environment; requiring identification and reporting on priority PFAS;
requiring PFAS management protocol; requiring rulemaking; amending Minnesota
Statutes 2024, section 115.03, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, section 115.03, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Identification and reporting of priority PFAS. new text end

new text begin The commissioner of the
Pollution Control Agency must identify emerging perfluoroalkyl and polyfluoroalkyl
substances (PFAS) measured in Minnesota influent, effluent, sewage sludge, surface water,
aquatic sediments, or freshwater fish that, on the basis of available information on their
occurrence, toxicity, persistence, bioaccumulation potential, and mobility, may be present
at concentrations that may adversely affect human health or ecological functions. The
commissioner must submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over environment and natural resources finance
and policy that contains a list of the PFAS identified, a summary of the available data used
to identify the PFAS, and the process used to identify potential risks to human health or
ecological functions. The report must be updated and submitted every three years, coinciding
with the agency's triennial review of existing water quality standards required under Code
of Federal Regulations, title 40, section 131.20.
new text end

Sec. 2. new text begin PROTOCOL FOR PFAS MANAGEMENT.
new text end

new text begin (a) By January 1, 2028, the commissioner of the Pollution Control Agency must develop
a protocol for determining whether perfluoroalkyl and polyfluoroalkyl substances (PFAS)
identified under Minnesota Statutes, section 115.03, subdivision 12, will be managed through
the development of site-specific water quality criteria for the purposes of Minnesota Rules,
part 7050.0217, statewide water quality standards, effluent limitations, or other regulatory
actions. The protocol must consider the geographic distribution of the pollutant in Minnesota,
the specificity of the pollutant to a given industrial sector, and the risk management approach
that would place the costs of pollutant control directly with the originator of the pollution.
The protocol must identify a timeline to implement regulatory actions for priority PFAS
that pose a risk to aquatic systems.
new text end

new text begin (b) The commissioner of the Pollution Control Agency must post a draft protocol to the
Pollution Control Agency's website for 60 days for public review and comment, hold one
or more public informational meetings on the draft protocol, and consider comments
submitted during the public comment period before posting the final protocol to the agency's
website.
new text end

Sec. 3. new text begin PFAS WATER QUALITY STANDARDS.
new text end

new text begin (a) The commissioner of the Pollution Control Agency must adopt rules establishing
water quality standards for:
new text end

new text begin (1) perfluorooctanoic acid (PFOA); and
new text end

new text begin (2) perfluorooctane sulfonic acid (PFOS).
new text end

new text begin (b) Water quality standards adopted under this section must include water quality
standards that apply to class 2 waters as described under Minnesota Rules, part 7050.0140,
subpart 3.
new text end

new text begin (c) The rules adopted under this section must be adopted by January 1, 2028, and the
18-month time limit under Minnesota Statutes, section 14.125, does not apply.
new text end