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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5356 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5356

    To require the Secretary of Transportation to establish a PFAS 
    replacement program at certain airports, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2023

 Mr. Carbajal (for himself, Mr. Lawler, and Mr. Van Orden) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To require the Secretary of Transportation to establish a PFAS 
    replacement program at certain airports, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pollution-Free Aviation Sites Act'' 
or the ``PFAS Act''.

SEC. 2. PFAS-RELATED RESOURCES FOR AIRPORTS.

    (a) PFAS Replacement Program for Airports.--Not later than 90 days 
after the date on which the Department of Defense approves a fluorine-
free fire fighting agent to the Qualified Products' List for products 
meeting Military Specification MIL-PRE-32725, dated January 12, 2023, 
the Secretary of Transportation shall establish a PFAS replacement 
program, in consultation with the Administrator of the Environmental 
Protection Agency, and subject to terms, conditions, and assurances 
acceptable to the Secretary, to reimburse eligible airports for the 
reasonable and appropriate costs associated with any of the following:
            (1) The one-time initial acquisition by an eligible airport 
        of fluorine-free firefighting alternatives for--
                    (A) the capacity of all required aircraft rescue 
                and firefighting (ARFF) equipment listed in the most 
                recent FAA-approved Airport Certification Manual, 
                regardless of how the equipment was initially acquired; 
                and
                    (B) twice the quantity carried onboard each 
                required truck available in the fire station for the 
                eligible airport.
            (2) The disposal of per- or polyfluoroalkyl products, 
        including fluorinated aqueous film-forming agents, to the 
        extent such disposal is necessary to facilitate the transition 
        to an acceptable fluorine-free agent, including, but not 
        limited to, aqueous film forming agents currently in fire-
        fighting equipment, vehicles, and wastewater generated during 
        the cleaning of fire-fighting equipment and vehicles.
            (3) Cleaning or disposal of existing equipment or 
        components thereof, to the extent such cleaning or disposal is 
        necessary to facilitate the transition to an acceptable 
        fluorine-free agent.
            (4) Any equipment or components thereof necessary to 
        facilitate the transition to an acceptable fluorine-free agent.
            (5) Replacement of aircraft rescue and firefighting (ARFF) 
        equipment as determined by the Secretary as necessary to be 
        replaced.
    (b) Distribution of Funds.--
            (1) Grants to replace arff vehicles.--
                    (A) In general.--The Secretary shall reserve a 
                portion of the amounts appropriated to carry out the 
                PFAS replacement program to make grants to each 
                eligible airport that is designated under part 139 as 
                an Index A airport and does not have existing 
                capabilities to produce fluorine-free foam, to replace 
                aircraft rescue and firefighting (ARFF) vehicles.
                    (B) Amount.--No grant made to an eligible airport 
                under subparagraph (A) shall exceed $2,000,000.
            (2) Remainder.--
                    (A) Determination of need.--With respect to the 
                amount of firefighting foam concentrate required for 
                foam production commensurate with applicable aircraft 
                rescue and firefighting (ARFF) equipment required in 
                accordance with the most recent FAA-approved Airport 
                Certification Manual, the Secretary shall determine--
                            (i) the total amount of such concentrate 
                        required for all of the federally required 
                        aircraft rescue and firefighting (ARFF) 
                        vehicles that meet index requirements under 
                        part 139 of each eligible airport, in gallons; 
                        and
                            (ii) the total amount of nationwide 
                        firefighting foam concentrate, in gallons.
                    (B) Determination of grant amounts.--From the 
                amounts appropriated to carry out the PFAS replacement 
                program that remain after the application of paragraph 
                (1), the Secretary shall make a grant to each eligible 
                airport of the amount equal to the product of--
                            (i) the amount of such remaining funds; and
                            (ii) the ratio of the amount determined 
                        under subparagraph (A)(i) for such eligible 
                        airport to the amount determined under 
                        subparagraph (A)(ii).
    (c) Program Requirements.--
            (1) In general.--The Secretary shall determine the 
        eligibility of costs payable under the PFAS replacement program 
        by taking into account all engineering, technical, and 
        environmental protocols and generally accepted industry 
        standards that are developed or established for fluorine-free 
        foams.
            (2) Compliance with applicable law.--All actions related to 
        the acquisition, disposal, and transition to fluorine-free 
        foams, including the cleaning and disposal of equipment, shall 
        be conducted in full compliance with all applicable Federal 
        laws in effect at the time of obligation in order to be 
        eligible for reimbursement under the PFAS replacement program.
            (3) Government share.--The Government's share of allowable 
        costs under the PFAS replacement program shall be 100 percent.
    (d) Authorization of Appropriations.--
            (1) In general.--There is hereby authorized such sums as 
        may be necessary to carry out the PFAS replacement program.
            (2) Requirements.--Amounts appropriated to carry out the 
        PFAS replacement program shall--
                    (A) remain available for expenditure for a period 
                of 5 fiscal years; and
                    (B) be available in addition to any other funding 
                available for similar purposes under any other Federal, 
                State, local, or Tribal program.
    (e) Definitions.--In this section:
            (1) Eligible airport.--The term ``eligible airport'' means 
        an airport holding an Airport Operating Certificate issued 
        under part 139.
            (2) Part 139.--The term ``part 139'' means part 139 of 
        title 14, Code of Federal Regulations.
            (3) PFAS replacement program.--The term ``PFAS replacement 
        program'' means the program established under subsection (a).
                                 <all>
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