36-1696. Firefighting foam; prohibition; public airport exception; definitions

(L26, Ch. 103, sec. 1. Eff. 1/1/29)

A. Except as otherwise provided in this subsection, a person, local government or state agency may not discharge or otherwise use for any purpose class B firefighting foam that contains intentionally added PFAS chemicals unless otherwise required by federal regulation.  The owner or operator of a public airport is not required to comply with this subsection until from and after December 31, 2030.

B. For the purposes of this section:

1. "Class B firefighting foam" means foam designed to extinguish a fire that involves a flammable liquid.

2. "Local government" includes any county, city, town, fire district or other special district that provides firefighting services.

3. "PFAS chemicals" means perfluoroalkyl and polyfluoroalkyl substances that are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, that are designed to be fully functional in class B firefighting foam formulations and that are used as a firefighting agent.

4. "Public airport" means an airport that is owned by a political subdivision of this state or that is otherwise open to the public.