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HF 742

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/01/2023 05:22pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/23/2023

Current Version - as introduced

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A bill for an act
relating to environment; prohibiting the use of certain firefighting foam; allowing
certain exemptions; amending Minnesota Statutes 2022, section 325F.072,
subdivisions 1, 3.

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 beginfor flammable liquid firesdeleted text endnew 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" meansdeleted 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 beginand 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 beginof testing and trainingdeleted text end.

(a) deleted text beginBeginning July 1, 2020,deleted text end No person,
political subdivision, or state agency shall deleted text begindischarge class B firefighting foam that contains
intentionally added
deleted text endnew 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 chemicalsdeleted text begin:deleted text endnew 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 EFFECTIVE DATE. new text end

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