HF1869

This bill, H.F. No. 1869, proposes to amend Minnesota Statutes 2024, section 325F.072, subdivision 3, to delay the prohibition of firefighting foam containing per- and polyfluoroalkyl substances (PFAS) for use at airport hangars.

Key Provisions:

1. Existing Prohibition on PFAS Foam: The law currently prohibits the manufacture, sale, distribution, or use of class B firefighting foam containing PFAS in Minnesota, except where federal law mandates its use.

2. Existing Exemptions: The prohibition does not apply to airports until the state fire marshal determines that:

   • The Federal Aviation Administration (FAA) has issued guidance for transitioning to fluorine-free firefighting foam.
   • Fluorine-free foam is listed in the FAA's Qualified Product Database.
   • Such foam is commercially available in sufficient quantities to meet regulatory requirements.

3. New Proposed Delays:

   • The bill delays the ban on the use of PFAS-containing firefighting foam at airport hangars until January 1, 2028.
   • Operators of airport hangars can apply for a one-year extension if they demonstrate a need for additional time due to circumstances beyond their control.
   • The Minnesota Pollution Control Agency and the state fire marshal must approve such extensions, ensuring environmental and public safety protections.

4. Reporting Requirement for Airports:

   • Until the state fire marshal makes determinations under existing exemptions, airports using PFAS-containing foam must submit annual reports by December 31 each year.
   • The report must detail progress on converting to PFAS-free foam, disposal practices for PFAS-containing foam, and an assessment of transition feasibility.

Summary:

This bill seeks to postpone the ban on PFAS-containing class B firefighting foam at airport hangars until at least 2028, with the possibility of extensions. It aligns with federal regulations and ongoing industry transitions while maintaining environmental and public safety oversight.