This bill, S.F. No. 2408, proposes amendments to Minnesota Statutes 2024, section 325F.072, subdivision 3, regarding the prohibition of PFAS-containing Class B firefighting foams. The key provisions include:

• General Prohibition: The manufacture, sale, distribution, or use of Class B firefighting foam containing PFAS chemicals is prohibited in Minnesota.
• Federal Exemption: The prohibition does not apply where federal law mandates the inclusion of PFAS in firefighting foams (e.g., FAA regulations). If such federal requirements are revoked, the exemption will expire one year after revocation.
• Airport Exemption: The prohibition on PFAS-containing firefighting foam does not apply to airports until:
  1. The FAA issues policy guidance on fluorine-free foam transition.
  2. A fluorine-free firefighting foam product is included in the FAA's Qualified Product Database.
  3. A fluorine-free foam is commercially available in sufficient quantities to meet FAA requirements.
• Annual Reporting Requirement: Until the state fire marshal confirms the above conditions are met, airports must submit annual reports on their transition efforts, foam disposal, and assessment of the availability of fluorine-free alternatives.
• Airport Hangar Exemption: The prohibition does not apply to airport hangars until January 1, 2028.
• Extension Option: Airport hangar operators may request a one-year extension past January 1, 2028, if circumstances beyond their control delay the transition. Such extensions require approval from:
  • The Commissioner of the Pollution Control Agency (to ensure environmental protection).
  • The State Fire Marshal (to ensure public safety).

Summary:

This bill delays the PFAS firefighting foam ban for airports and airport hangars until safer fluorine-free alternatives are federally approved and commercially available. It also introduces annual reporting requirements for airports and allows for case-by-case extensions for hangars past 2028.